STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2020
House Chamber, Lansing, Thursday, June 4, 2020.
12:00 Noon.
The House was called to order by the Assistant
Clerk.
The roll was called by the Clerk of the House
of Representatives, who announced that a quorum was not present.
Motions and Resolutions
Reps. Cynthia Johnson, Love, Rabhi, Jones,
Brenda Carter, Brixie, Hood, Bolden, Stone, Manoogian, Hoadley, Wittenberg,
Pohutsky, Ellison, Koleszar, Gay-Dagnogo, Sowerby, Tate, Lasinski, Tyrone
Carter, Pagan, Peterson, Garrett, Hammoud and Anthony offered the following
concurrent resolution:
House
Concurrent Resolution No. 25.
A
concurrent resolution to declare that racism is a public health crisis in the
state of Michigan and commit the Legislature to action and collaboration with
the Governor to promote racial equity and justice throughout the entire state
of Michigan.
Whereas,
Racism is rooted in the foundations of the United States. From the time chattel
slavery began in the 1600s, to the Jim Crow era, to the mass incarceration of
Black citizens, racism has remained an endemic presence in American society.
While the manifestation of prejudice has undergone structural changes over time,
the underlying problem remains. People of color have been disadvantaged and
subjected to hardships and outright brutality since the founding of our nation;
and
Whereas,
The COVID-19 Pandemic has highlighted the stark racial injustices that are
still present in American society. Black patients across the nation are dying
in larger-than-expected, record numbers, and COVID-19 is killing Black people
at 2.4 times the rate of White people. In Michigan, Black people make up less
than 14 percent of the population, yet they account for 40 percent of the
COVID-19 deaths in the state; and
Whereas,
Black people are disproportionately suffering in part due to long standing,
unaddressed health disparities, as well as systematic racism and other
socioeconomic inequities. The Black community experiences disproportionately
higher rates of homelessness, incarceration, and economic hardships, which
exacerbate existing health issues; and
Whereas,
Michigan’s racist history has contributed to the current health disparities that
Black Michigan residents experience. Discriminatory lending practices in the
20th century, known as redlining, created segregated communities in Michigan.
Black communities were limited to areas with restricted access to healthy
foods, clean water, and other essential resources, leading to a variety of
other health issues, including reduced life expectancy, higher rates of infant
mortality, and higher rates of lead poisoning. In addition, Michigan
institutions have demonstrated a disregard for Black lives, as was made evident
by the Flint water crisis; and
Whereas,
Governor Gretchen Whitmer, Lieutenant Governor Garlin
Gilchrist, and Michigan’s Chief Medical Executive Dr. Joneigh
Khaldun have all publicly condemned the racism embedded in every fabric of our
culture, voiced support for peaceful protests to bring issues of racism and
bigotry to the forefront, and recognized that racial inequities are directly
linked to poor health outcomes in Black Americans; and
Whereas,
Governor Whitmer signed Executive Order 2020-55 on April 20,2020, which
established the Michigan Coronavirus Task Force on Racial Disparities to
examine factors that contribute to racial inequities and make policy
recommendations on how to meaningfully address them; and
Whereas,
The privileges that other Americans experience inhibit them from fully
understanding how racism impacts citizens of color throughout the country,
including here in Michigan. Tasks such as driving, walking and simply breathing
should not result in citizens of color living in constant fear of being
harassed, arrested, shot, or killed as a result of racist policing; now,
therefore, be it
Resolved
by the House of Representatives (the Senate concurring), That we declare that
racism is a public health crisis in the state of Michigan and we commit to
working collaboratively with the Governor and every sector of society to
develop an ongoing strategy to address, fund, and support solutions that
strategically reduce the long-term impact that racism has on the quality of
life and health for citizens of color in the state of Michigan; and be it
further
Resolved,
That copies of this resolution be transmitted to Governor, Lieutenant Governor,
the Chief Medical Executive for the Michigan Department of Health and Human
Services, and the Director of the Michigan Department of Health and Human
Services.
The concurrent resolution was referred to the Committee on
Health Policy.
Announcement by the Clerk of Printing and
Enrollment
The Clerk announced that the following bills had been
reproduced and made available electronically on Wednesday, June 3:
House Bill Nos. 5827 5828 5829
The Clerk announced that the following bills had been
reproduced and made available electronically on Thursday, June 4:
Senate Bill Nos. 958 959 960 961
Messages from the Governor
The following message from the Governor
was received June 4, 2020 and read:
EXECUTIVE
ORDER
No.
2020-113
Enhanced
authorization of remote means for carrying out state administrative procedures
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq.,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the
State of Michigan, I issued
Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
Those executive orders have been
challenged in Michigan House of Representatives and Michigan Senate v
Whitmer. On May 21, 2020, the Court of Claims ruled that Executive Order
2020-67 is a valid exercise of authority under the Emergency Powers of the
Governor Act but that Executive Order 2020-68 is not a valid exercise of
authority under the Emergency Management Act. Both of those rulings are being
challenged on appeal.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
State administrative entities
must be able to continue to conduct public business during this emergency,
without unnecessarily creating in-person interactions that raise the risk of
spreading COVID-19. To mitigate the spread of COVID-19, protect the public
health, limit the number of people interacting at public gatherings, encourage
social distancing, and provide essential protections to vulnerable
Michiganders, it is reasonable and necessary to extend the relief provided by
Executive Order 2020-80, which allows state administrative procedures to be
carried out remotely. With this order, Executive Order 2020-80 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Hearing officers or arbitrators may conduct
Michigan Employment Relations Commission (MERC) hearings by electronic means,
including video conferencing. To the extent necessary, strict compliance with
the procedural requirements of 1939 PA 176, as amended, MCL 423.1 et seq.
(employment relations commission), 1947 PA 336, as amended, MCL 423.201 et seq.
(public employment relations), and 1969 PA 312, as amended, MCL 423.231 et seq.
(compulsory arbitration of labor disputes in police and fire departments), is
temporarily suspended.
2. Notice to MERC, as well as personal service of
notice, service of process, or written notice of a dispute relating to an
impending strike or an impending lockout, may be provided by mail or by
electronic means, including email. To the extent necessary, strict compliance
with rules and procedures under sections 9, 9a, 9d(3), 11, 23(2), and 27 of
1939 PA 176, as amended, MCL 423.9, 423.9a, 423.9d(3), 423.11, 423.23(2), and
423.27, and any other procedural statutes governing MERC, is temporarily
suspended.
3. The Unemployment Insurance Agency (UIA) may permit hearings to be held by telephone or
electronic means, including video conferencing. To the extent necessary, strict
compliance with rules and procedures under the Michigan Employment Security
Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.1 et
seq., is temporarily suspended.
4. Notice to the UIA
and written notice by the UIA may be provided by mail
or by electronic means, including email. To the extent necessary, strict
compliance with rules and procedures under the Michigan Employment Security
Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.1 et
seq., is temporarily suspended.
5. Hearings held under the Administrative
Procedures Act of 1969 (APA), 1969 PA 306, as amended, MCL 24.201 et seq., as
well as under the MAHS Administrative Hearing Rules,
R 792.10101 et seq., and any informal hearings required by statute, rule,
or regulation, may proceed by telephone or by electronic means, including video
conferencing. To the extent necessary, strict compliance with the rules and
procedures of the APA, MCL 24.201 et seq., and the MAHS
Administrative Hearing Rules, R 792.10101 et seq., is temporarily suspended.
This does not apply to hearings by the Joint Committee on Administrative Rules.
6. Notice and service of process required by the
APA, MCL 24.201 et seq., and the MAHS Administrative
Hearing Rules, R 792.10101 et seq., may be provided by mail or by electronic
means, including email. To the extent necessary, strict compliance with rules
and procedures under the APA, MCL 24.201 et seq., and the MAHS
Administrative Hearing Rules, R 792.10101 et seq., is temporarily suspended.
7. Administrative rules or emergency rules may be
filed with the secretary of state electronically, including by email. To the
extent necessary, strict compliance with rules and procedures under the APA,
MCL 24.201 et seq., is temporarily suspended.
8. Pursuant to section 18 of the Uniform
Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.848, the
Department of Technology, Management and Budget (DTMB)
is directed to authorize the acceptance, use, and reliance upon electronic
signatures for a signature required by sections 11(b)(4), 32b(3), and 54f
of the Michigan Employment Security Act, 1936 (Ex Sess)
PA 1, as amended, MCL 421.11(b)(4), 421.32b(3), and 421.54f. Pursuant to
section 7 of the Uniform Electronic Transactions Act, 2000 PA 305, as amended,
MCL 450.837, a signature must not be denied legal effect or enforceability
solely because it is in electronic form, and if a law requires a signature, an
electronic signature satisfies the law.
9. Pursuant to section 18 of the Uniform
Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.848, the DTMB is directed to authorize the acceptance, use, and
reliance upon electronic signatures for a signature required under the APA, MCL
24.201 et seq., including any requirement of a signature for filing
administrative rules or emergency rules with the secretary of state. Pursuant
to section 7 of the Uniform Electronic Transactions Act, 2000 PA 305, as amended,
MCL 450.837, a signature must not be denied legal effect or enforceability
solely because it is in electronic form, and if a law requires a signature, an
electronic signature satisfies the law.
10. This order is effective immediately and remains
in effect through June 30, 2020 at 11:59 pm.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 4, 2020
Time: 8:11 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
Introduction of Bills
House Bill No. 5830, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 538.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
House Bill No. 5831, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and
environmental protection act,” by amending sections 1616, 9510, 35106, 35108,
36507, 40111, 40112, 40118, 40903, 41105, 42106, 43510, 43513, 43516, 43558,
43560, 46509, 48702b, 48703, 48738, 48739, 51504, 52908, 73110, 74122, 76116,
80124, 80143, 80146, 80149, 80156, 80166, 80167, 80171, 80205, 80208, 80215,
80319, 80322, 81112, 81122, 81129, 81132, 81133, 81143, 81145, 81146, 81147,
82116, 82118, 82121, 82126b, 82133, 82134, 82135, and 82158 (MCL 324.1616,
324.9510, 324.35106, 324.35108, 324.36507, 324.40111, 324.40112, 324.40118, 324.40903,
324.41105, 324.42106, 324.43510, 324.43513, 324.43516, 324.43558, 324.43560,
324.46509, 324.48702b, 324.48703, 324.48738, 324.48739, 324.51504, 324.52908,
324.73110, 324.74122, 324.76116, 324.80124, 324.80143, 324.80146, 324.80149,
324.80156, 324.80166, 324.80167, 324.80171, 324.80205, 324.80208, 324.80215,
324.80319, 324.80322, 324.81112, 324.81122, 324.81129, 324.81132, 324.81133,
324.81143, 324.81145, 324.81146, 324.81147, 324.82116, 324.82118, 324.82121,
324.82126b, 324.82133, 324.82134, 324.82135, and 324.82158), section 1616 as
added by 2013 PA 37, section 35106 as added by 1995 PA 59, section 35108 as
amended by 1996 PA 290, section 36507 as amended by 1996 PA 128, sections
40111 and 43513 as amended by 2018 PA 272, section 40112 as amended by 2015 PA
12, section 40118 as amended by 2017 PA 124, sections 40903, 41105, 42106,
43560, 46509, 48739, and 51504 as added by 1995 PA 57, sections 43510 and 43558
as amended by 2013 PA 108, section 43516 as amended by 2016 PA 461, section
48702b as added by 1996 PA 318, section 48703 as amended by 2018 PA 529,
section 48738 as amended by 2014 PA 541, section 52908 as amended by 2001 PA
155, section 73110 as amended by 2013 PA 176, section 74122 as amended by 2010
PA 33, sections 76116, 80167, 80322, 81132, 81143, 81145, 81146, 82116, 82121,
82133, 82134, 82135, and 82158 as added by 1995 PA 58, section 80124 as
amended by 2012 PA 294, section 80143 as added by 2012 PA 59, section 80146 as
amended by 2020 PA 70, section 80149 as amended by 2007 PA 8, section 80156 as
amended by 1996 PA 274, section 80166 as amended by 2012 PA 62, section
80171 as amended by 2014 PA 402, sections 80205 and 81129 as amended by
2018 PA 237, section 80208 as added by 2000 PA 229, section 80215 as
amended by 2008 PA 178, section 80319 as amended by 2018 PA 678, section 81112
as amended by 2018 PA 519, section 81122 as amended by 2013 PA 119, section
81133 as amended by 2018 PA 206, section 81147 as amended by 2014 PA 147,
section 82118 as amended by 2010 PA 371, and section 82126b as added by
1998 PA 461; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the
Committee on Natural Resources and Outdoor Recreation.
Reps. Whiteford, Brann and Kahle introduced
House Bill No. 5832, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending sections 100a, 100b, 161, 409, and 439 (MCL
330.1100a, 330.1100b, 330.1161, 330.1409, and 330.1439), section 100a as
amended by 2018 PA 595, section 100b as amended by 2014 PA 200, section 161 as
amended by 2012 PA 500, section 409 as amended by 2018 PA 593, and section
439 as added by 1986 PA 118, and by adding chapter 9A.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 5833, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1277c.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 5834, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1277d.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 5835, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1242.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 5836, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” (MCL 380.1 to 380.1852) by adding section 1705.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 5837, entitled
A bill to amend 1965 PA 203, entitled “Michigan
commission on law enforcement standards act,” by amending the title and
sections 9, 9b, 9c, and 9d (MCL 28.609, 28.609b, 28.609c, and 28.609d), the
title as amended by 1998 PA 237 and sections 9, 9b, 9c, and 9d as amended by
2018 PA 552, and by adding section 9f.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Tyrone Carter and Gay-Dagnogo introduced
House Bill No. 5838, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding sections 34301, 34305, 34307, 34309, 34311, and 34313.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Tyrone Carter and Gay-Dagnogo introduced
House Bill No. 5839, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 3111b and
3115 (MCL 324.3111b and 324.3115), section 3111b as added by 2004 PA 142 and
section 3115 as amended by 2004 PA 143.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Tyrone Carter and Gay-Dagnogo introduced
House Bill No. 5840, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding part 343.
The bill was read a first time by its title
and referred to the Committee on Natural Resources and Outdoor Recreation.
______
The
Assistant Clerk declared the House adjourned until Tuesday, June 9, at 1:30
p.m.
GARY L. RANDALL
Clerk of the House of
Representatives