STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th
Legislature
REGULAR SESSION OF
2020
House Chamber, Lansing, Thursday, August 6, 2020.
10:00 a.m.
The House was called to order by the Clerk.
The roll was called by the Clerk of the House
of Representatives, who announced that a quorum was not present.
Announcement by the Clerk of Printing and
Enrollment
The Clerk announced the enrollment printing and
presentation to the Governor on Thursday, July 23, for her approval of the
following bill:
Enrolled House Bill No. 4391 at 4:02 p.m.
The Clerk announced that the following bills and joint
resolution had been reproduced and made available electronically on Thursday,
July 23:
House Bill Nos. 5979 5980 5981 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035
House
Joint Resolution S
The Clerk announced the enrollment printing and
presentation to the Governor on Tuesday, July 28, for her approval of the
following bill:
Enrolled House Bill No. 5265 at 12:30
p.m.
Reports of Select Committees
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Hall, Chair, of the Joint Select Committee
on the COVID-19 Pandemic, was received and read:
Meeting
held on: Wednesday, July 29, 2020
Present: Reps. Hall, O’Malley, Guerra and Tyrone Carter
Sens. Nesbitt, LaSata, Schmidt,
Hertel and Hollier
Absent: Rep. Calley
Excused: Rep. Calley
Time: 2:41 p.m.
To the Speaker of the House of
Representatives:
Sir—I have this day approved and signed
Enrolled House Bill No. 4391 (Public Act No. 143, I.E.), being
An act to amend 1974 PA 154, entitled “An act to prescribe and regulate
working conditions; to prescribe the duties of employers and employees as to
places and conditions of employment; to create certain boards, commissions,
committees, and divisions relative to occupational and construction health and
safety; to prescribe their powers and duties and powers and duties of the
department of labor and department of public health; to prescribe certain
powers and duties of the directors of the departments of labor, public health,
and agriculture; to impose an annual levy to provide revenue for the safety
education and training division; to provide remedies and penalties; to repeal certain
acts and parts of acts; and to repeal certain acts and parts of act on specific
dates,” by amending section 14 (MCL 408.1014), as amended by 2012 PA 415, and
by adding section 14r.
(Filed with the Secretary of
State on July 31, 2020, at 3:34 p.m.)
Time: 2:43 p.m.
To the Speaker of the House of
Representatives:
Sir—I
have this day approved and signed
Enrolled
House Bill No. 5265 (Public Act No. 144, I.E.), being
An act
to make, supplement, and adjust appropriations for various state departments
and agencies for the fiscal year ending September 30, 2020; to provide for the
expenditure of the appropriations; and to repeal acts and parts of acts.
(Filed with the Secretary of State on
July 31, 2020, at 3:36 p.m.)
The following message from the Governor
was received July 23, 2020 and read:
EXECUTIVE
ORDER
No.
2020-156
Temporary
restrictions on entry into health care facilities, residential care facilities,
congregate care facilities, and juvenile justice facilities
Rescission
of Executive Order 2020-136
To protect Michigan’s most
vulnerable populations living in congregate settings, this executive order
continues until August 31 the limited and temporary restrictions on the entry
of individuals into health care facilities, residential care facilities,
congregate care facilities, and juvenile justice facilities previously imposed
by Executive Order 2020-136. The Michigan Department of Health and Human
Services remains empowered to specify exceptions to these restrictions.
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. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. 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 EPGA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
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 June 18, 2020, I issued
Executive Order 2020-127, 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.
To mitigate the spread of
COVID-19 and to provide essential protections to vulnerable Michiganders and to
this state’s health care system and other critical infrastructure, it is
reasonable and necessary to impose limited and temporary restrictions on the
entry of individuals into health care facilities, residential care facilities,
congregate care facilities, and juvenile justice facilities.
Executive Order 2020-136 and its
predecessors imposed such restrictions and authorized the Department of Health
and Human Services to create exceptions. In light of the ongoing risk to
residents and employees of those facilities, it is reasonable and necessary to
further extend such restrictions. With this order, Executive Order 2020-136 is
rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Except as otherwise provided by the order of
the Director of the Department of Health and Human Services (DHHS), all health
care facilities, residential care facilities, congregate care facilities, and
juvenile justice facilities must prohibit from entering their facilities any
visitors that: are not necessary for the provision of medical care, the support
of activities of daily living, or the exercise of power of attorney or
court-appointed guardianship for an individual under the facility’s care; are
not a parent, foster parent, prospective adoptive parent, or guardian of an
individual who is 21 years of age or under and who is under the facility’s
care; are not visiting an individual under the facility’s care that is in
serious or critical condition or in hospice care; and are not visiting under
exigent circumstances or for the purpose of performing official governmental
functions.
2. All health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities must
perform a health evaluation of all individuals that are not under the care of
the facility each time the individual seeks to enter the facility, and must
deny entry to those individuals who do not meet the evaluation criteria. The
evaluation criteria must include, at a minimum, symptoms of a respiratory
infection, such as fever, cough, or shortness of breath; contact in the last 14
days with someone with a confirmed diagnosis of COVID-19; and other criteria
specified by the Director of DHHS.
3. Any staff member or visitor of a residential
care facility, congregate care facility, or juvenile justice facility must wear
a covering over his or her nose and mouth when indoors or within six feet of
another person.
4. While the restrictions of this order are in
place, all health care facilities, residential care facilities, congregate care
facilities, and juvenile justice facilities must make best efforts to
facilitate visitations with individuals under their care by phone or other
electronic communication platforms to the fullest extent possible, consistent
with normal visitation policies.
5. For purposes of this order, “residential care
facilities” includes, but is not limited to, homes for the aged, nursing homes,
adult foster care facilities, hospice facilities, substance abuse disorder
residential facilities, independent living facilities, and assisted living
facilities.
6. The Director of DHHS may issue orders and
directives to implement this order, including to specify exceptions to section
1 of this order, and to specify additional evaluation criteria under section 2
of this order.
7. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order shall constitute a misdemeanor.
8. Executive Order 2020-136 is rescinded.
9. This order is effective immediately and
continues through August 31, 2020 at 11:59 pm.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 23, 2020
Time: 7:17 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received July 27, 2020 and read:
EXECUTIVE
ORDER
No.
2020-157
Temporary
suspension of youth work permit application requirements
Rescission
of Executive Order 2020-140
Certain aspects of the Youth
Employment Standards Act, such as the requirement to use certain kinds of
colored paper, require in-person interactions that could spread COVID-19. In
order to reduce the need for such in-person interactions, this executive order
continues until August 31 the suspension of certain requirements for applications
for youth work permits previously imposed by Executive Order 2020-140.
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. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. 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 EPGA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
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 June 18, 2020, I issued
Executive Order 2020-127, 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.
Every summer, many of our state’s
young residents seek employment in order to earn money, gain valuable work
experience, and contribute to the state economy. Compliance with certain
procedures related to obtaining work permits and supporting documentation from
school personnel has become prohibitively difficult with school buildings being
closed for instructional purposes. Young Michiganders constitute an important
part of the summer workforce, especially because the COVID-19 pandemic requires
that many workers stay home when experiencing symptoms or because they are part
of a vulnerable population.
Certain aspects of the Youth
Employment Standards Act, such as the requirement to use certain kinds of
colored paper, require in-person interactions that could spread COVID-19.
Executive Order 2020-140 and its predecessors temporarily suspended these
requirements. This order further extends that policy, because it continues to
be reasonable and necessary to mitigate the spread of COVID-19, protect public
health, and provide protections to vulnerable Michiganders of all ages. With
this order, Executive Order 2020-140 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Strict compliance with section 5 of the Youth
Employment Standards Act, 1978 PA 90, MCL 409.105, is temporarily suspended to
the extent it requires an application of a work permit to be made in person. An
issuing officer may accept and examine a work permit application (including any
accompanying materials) submitted by alternative means including mail, e-mail,
fax, or web-based form. Issuing officers must make information on how such
application materials may be submitted publicly available.
2. Strict compliance with section 6 of the Youth
Employment Standards Act, MCL 409.106, is temporarily suspended such that the
color of work permits for minors under 16 years of age does not need to be
distinct from that of work permits for minors 16 years of age and over.
3. Executive Order 2020-140 is rescinded.
4. This order is effective immediately and
continues through August 31, 2020 at 11:59 pm.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 27, 2020
Time: 10:30 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received July 27, 2020 and read:
EXECUTIVE
ORDER
No.
2020-158
Encouraging
the use of electronic signatures and remote notarization,
witnessing,
and visitation during the COVID-19 pandemic
Rescission
of Executive Order 2020-131
In order to reduce in-person interactions
that may lead to the spread of COVID-19, this order continues until August 31
the suspension of certain requirements related to notarizations, witnessing of signatures,
and in-person visitation previously imposed by Executive Order 2020-131.
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. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. 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 EPGA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
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 June 18, 2020, I issued
Executive Order 2020-127, 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.
To mitigate the spread of COVID-19,
protect the public health, and provide essential protections to vulnerable
Michiganders, it is crucial that all Michiganders limit in-person contact to
the fullest extent possible. This includes social distancing and minimizing
in-person work and interaction to only that which is strictly necessary. To
that end, it is reasonable and necessary to provide limited and temporary
relief from certain rules and requirements so as to enable and encourage the
use of electronic signatures, remote notarizations, remote witness attestations
and acknowledgments, and remote visitations. This will help ensure that
necessary transactions and interactions may continue to occur during this time
of crisis without unduly compromising the health and safety of this state and its
residents.
Executive Order 2020-131 and its
predecessors provided that relief. This order further extends that policy
because it remains reasonable and necessary in light of the ongoing COVID-19
pandemic. With this order, Executive Order 2020-131 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Strict compliance with rules and procedures
under the Uniform Electronic Transactions Act (“UETA”), 2000 PA 305, as
amended, MCL 450.831 et seq., and the Uniform Real Property Electronic
Recording Act (“URPERA”), 2010 PA 123, as amended, MCL 565.841 et seq., is
temporarily suspended to the extent necessary to permit the use of an
electronic signature for a transaction whenever a signature is required under Michigan
law, unless the law specifically mandates a physical signature. As provided in
section 7 of the UETA, MCL 450.837, a signature will 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.
2. Strict compliance with rules and procedures
under section 18 of the UETA, MCL 450.848, is temporarily suspended so as to
permit each state department to send and accept electronic records and
electronic signatures to and from other persons without a determination from or
approval by the Department of Technology, Management and Budget.
3. Strict compliance the Michigan Law on Notarial
Acts, 2003 PA 238, as amended, MCL 55.261 et seq., is temporarily suspended,
to the extent it requires a notary to be in the physical presence of an
individual seeking the notary’s services or of any required witnesses.
4. To minimize in-person interaction and
facilitate remote work during the declared states of emergency and disaster:
(a) Governmental agencies and officials of this
state are encouraged to use or permit the use of electronic records and
electronic signatures for transaction of business, processing of applications,
and recognition of the validity of legal instruments, and, when a notarized
signature is mandated by law, to use a remote electronic notary pursuant to the
Michigan Law on Notarial Acts, MCL 55.261 et seq.
(b) Persons and entities engaged in transactions
are encouraged to use electronic records and electronic signatures and, when a
notarized signature is mandated by law, to use a remote electronic notary
pursuant to the Michigan Law on Notarial Acts, MCL 55.261 et seq.
5. In addition to other means available by law,
any notarial act that is required under Michigan law may be performed by a
notary who currently holds a valid notarial commission in this state (“notary”)
utilizing two-way real-time audiovisual technology, provided that all of the
following conditions are met:
(a) The two-way real-time audiovisual technology
must allow direct interaction between the individual seeking the notary’s
services, any witnesses, and the notary, wherein each can communicate
simultaneously by sight and sound through an electronic device or process at the
time of the notarization.
(b) The two-way real-time audiovisual technology
must be capable of creating an audio and visual recording of the complete
notarial act and such recording must be made and retained as a notarial record
in accordance with sections 26b(7) to 26b(9) of the Michigan Law on Notarial
Acts, MCL 55.286b(7) to 55.286b(9).
(c) The individual seeking the notary’s services
and any required witnesses, if not personally known to the notary, must present
satisfactory evidence of identity (e.g., a valid state-issued photo
identification) to the notary during the video conference, not merely transmit
it prior to or after the transaction, to satisfy the requirements of the
Michigan Law on Notarial Acts, MCL 55.261 et seq., and any other applicable
law.
(d) The individual seeking the notary’s services
must affirmatively represent either that the individual is physically situated
in this state, or that the individual is physically located outside the
geographic boundaries of this state and that either:
(1) The document is intended for filing with or
relates to a matter before a court, governmental entity, public official, or
other entity subject to the jurisdiction of this state; or
(2) The document involves property located in the
territorial jurisdiction of this state or a transaction substantially connected
to this state.
If
an individual is physically located outside of the geographic boundaries of
this state, the notary must have no actual knowledge that the individual’s act
of making the statement or signing the document is prohibited by the laws of
the jurisdiction in which the individual is physically located.
(e) The individual seeking the notary’s services,
any required witnesses, and the notary must be able to affix their signatures
to the document in a manner that renders any subsequent change or modification
of the remote online notarial act to be tamper evident.
(f) The individual seeking the notary’s services
or the individual’s designee must transmit by fax, mail, or electronic means a
legible copy of the entire signed document directly to the notary on the same
date it was signed. This requirement shall apply regardless of the manner in
which the document is signed.
(g) Once the notary has received a legible copy of
the document with all necessary signatures, the notary may notarize the
document and transmit the notarized document back to the individual seeking the
notary’s services.
(h) The official date and time of the notarization
shall be the date and time when the notary witnesses the signature via two-way
real-time audiovisual technology as required under this section.
6. Any requirement under Michigan law that an
in-person witness attest to or acknowledge an instrument, document, or deed may
be satisfied by the use of two-way real-time audiovisual technology, provided
that all of the following conditions are met:
(a) The two-way real-time audiovisual technology
must allow direct, contemporaneous interaction by sight and sound between the
individual signing the document (the “signatory”) and the witness(es).
(b) The interaction between the signatory and the
witness(es) must be recorded and preserved by the signatory or the signatory’s
designee for a period of at least three years, unless a law of this state
requires a different period of retention.
(c) The signatory must affirmatively represent
either that the signatory is physically situated in this state, or that the
signatory is physically located outside the geographic boundaries of this state
and that either of the following apply:
(1) The document is intended for filing with or
relates to a matter before a court, governmental entity, public official, or
other entity subject to the jurisdiction of this state; or
(2) The document involves property located in the
territorial jurisdiction of this state or a transaction substantially connected
to this state.
(d) The signatory must affirmatively state during
their interaction with the witness(es) on the two‑way real-time
audiovisual technology what document they are executing.
(e) Each title page and signature page of the
document being witnessed must be shown to the witness(es) on the two-way
real-time audiovisual technology in a manner clearly legible to the
witness(es), and every page of the document must be numbered to reflect both
the page number of the document and the total number of pages of the document.
(f) Each act of signing the document must be
captured sufficiently up close on the two-way real-time audiovisual technology
for the witness(es) to observe.
(g) The signatory or the signatory’s designee must
transmit by fax, mail, or electronic means a legible copy of the entire signed
document directly to the witness(es) within 72 hours of when it is executed.
(h) Within 72 hours of receipt, the witness(es)
must sign the transmitted copy of the document as a witness and return the
signed copy of the document to the signatory or the signatory’s designee by
fax, mail, or electronic means.
7. Notwithstanding any law or regulation of this
state to the contrary, absent an express prohibition in the document against
signing in counterparts, any document signed under this order may be signed in
counterparts.
8. A guardian, guardian ad litem, or visitor may
satisfy any requirement concerning a visit with a person, including but not
limited to a visit in the physical presence of a person under the Estates and
Protected Individuals Code, 1998 PA 386, as amended, MCL 700.1101 et seq.,
by instead conferring with that person via two-way real-time audiovisual
technology that allows direct, contemporaneous interaction by sight and sound
between the person being visited and the guardian, guardian ad litem, or
visitor.
9. Any law of this state requiring an individual
to appear personally before or be in the presence of either a notary at the
time of a notarization or a witness at the time of attestation or
acknowledgment shall be satisfied if the individual, the witness(es), and/or
the notary are not in the physical presence of each other but can communicate
simultaneously by sight and sound via two-way real-time audiovisual technology
at the time of the notarization, attestation, or acknowledgment.
10. For the duration of this order and any order
that may follow from it, financial institutions and registers of deeds must not
refuse to record a tangible copy of an electronic record on the ground that it
does not bear the original signature of a person, witness, or notary, if the
notary before whom it was executed certifies that the tangible copy is an accurate
copy of the electronic record.
11. Strict compliance with section 9(2) of the
Michigan Law on Notarial Acts, as amended, MCL 55.269(2), is temporarily
suspended to the extent necessary to extend until July 31, 2020 the validity of
a notarial commission that expired or is set to expire between March 1, 2020
and July 31, 2020.
12. For purposes of the “verified user agreement”
requirement of section 4 of the URPERA, MCL 565.844(4), a county recording
office must deem all financial institutions and all licensed title insurers or
their employed or contracted settlement agents as covered by a verified user
agreement for the duration of this order and any order that may follow from it.
The recorder may ask the financial institution or title insurance company for
verification of a notary’s employment or contractual association.
13. As used in this order:
(a) “Electronic,” “electronic record,” “electronic
signature,” “governmental agency,” “person,” and “transaction” mean those terms
as defined under section 2 of the UETA, MCL 450.832.
(b) “Financial institution” means that term as
defined in section 4(c) of the Michigan Strategic Fund Act, 1984 PA 270, as
amended, MCL 125.2004(c).
14. Executive Order 2020-131 is rescinded.
15. This order is effective immediately and
continues through August 31, 2020 at 11:59 pm.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 27, 2020
Time: 10:31 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received July 29, 2020 and read:
EXECUTIVE
ORDER
No.
2020-159
Amending
the fire code to accommodate new instruction spaces
To enable students to remain
physically separate from one another while attending class, many colleges and
universities wish to convert large spaces previously used for other purposes
into classrooms. Under current rules, however, each conversion requires
inspection and approval by the Bureau of Fire Services. To facilitate swift
conversions, this order relieves colleges and universities of the need to
secure approval before using an existing space for instruction.
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 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
EPA, as well as Executive Order 2020-68 to issue new emergency and disaster
declarations under the EMA.
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 June 18, 2020, I issued
Executive Order 2020-127, 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 had 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.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Notwithstanding Rule 29.1932 of the Michigan
Administrative Code (adding section 38.1.1.1.1 to the Life Safety Code), a
change of use from business occupancy to a college or university instructional
facility need not be reviewed and inspected.
2. The Department of Licensing and Regulatory Affairs
will issue guidance governing temporary approval of the use of a space as an
instructional facility.
3. This order takes effect immediately. It will
remain in effect until the end of the states of emergency and disaster declared
in Executive Order 2020-151 or the end of any subsequently declared states of
disaster or emergency arising out of the COVID-19 pandemic, whichever comes
later.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 29, 2020
Time: 12:37 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received July 29, 2020 and read:
EXECUTIVE
ORDER
No.
2020-160
Amended
Safe Start Order
Rescission
of Executive Orders 2020-110, 2020-115, 2020-120, 2020-133, and 2020-143
Where Michigan was once among the
states most heavily hit by COVID-19, our per-capita rate of new daily cases is
now roughly one-third of the national average. Our progress in suppressing the
disease, however, appears to have stalled. Cases have risen over the past
month—from a rolling seven-day average of 354 cases per day on June 30 to 692
cases on July 28, a two-fold increase.
The virus’s resurgence is closely
associated with super-spreading events at large social gatherings, often
attended by young people. More than 50 cases have been linked to a single house
party in Saline; an outbreak at a Lansing bar has resulted in 187 infections;
and a sandbar party at Torch Lake over the July 4 weekend led to at least 43
confirmed cases.
We cannot afford to relax our
vigilance if we hope to restart our economy, open our schools, and avoid a
second wave. This executive order therefore prohibits any indoor social
gatherings of more than 10 people statewide. At the same time, the order also
closes bars across the state, including in the Traverse City region and the
Upper Peninsula. For the time being, Michiganders must curtail their social
gatherings for the good of the community.
As a matter of housekeeping, I am
also rescinding a series of prior orders and incorporating them into this
comprehensive order governing the activities in Michigan that remain restricted
on account of the pandemic. I am taking the occasion, too, to allow for the
reopening of the Detroit casinos, subject to a 15% capacity limit and strict
workplace safeguards. Casinos have been operating safely across most of the
country and in tribal areas in Michigan and should be able to do so in the
Detroit region as well.
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 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 EPA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
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 June 18, 2020, I issued
Executive Order 2020-127, 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 had 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.
To suppress the spread of
COVID-19, to prevent the state’s health care system from being overwhelmed, to
allow time for the production of critical test kits, ventilators, and personal
protective equipment, to establish the public health infrastructure necessary
to contain the spread of infection, and to avoid needless deaths, it was
reasonable and necessary to direct residents to remain at home or in their
place of residence to the maximum extent feasible. To that end, on March 23,
2020, I issued Executive Order 2020-21, ordering all people in Michigan to stay
home and stay safe. In Executive Orders 2020-42, 2020-59, 2020-70, 2020‑77,
2020-92, 2020-96, 2020-110, and 2020-115, I extended that initial order,
modifying its scope as needed and appropriate to match the ever-changing
circumstances presented by this pandemic.
Acting under the Michigan
Constitution of 1963 and Michigan law, I find it reasonable and necessary, for
the reasons outlined above, to order:
1. Remote
work. Any work that is capable of being performed remotely (i.e., without
the worker leaving his or her home or place of residence) must be performed
remotely.
2. Workplace
safety. Any business or operation that requires its employees to leave
their home or place of residence for work is subject to the rules on workplace
safeguards in Executive Order 2020‑161 or any order that may follow
from it.
3. Individual
responsibility. Any individual who leaves his or her home or place of
residence must:
(a) Follow social distancing measures recommended
by the Centers for Disease Control and Prevention (“CDC”), including remaining
at least six feet from people from outside the individual’s household to the
extent feasible under the circumstances; and
(b) Follow the rules described in Executive Order
2020-153 or any order that may follow from it governing masks.
4. Public accommodations restrictions.
Subject to the exceptions in sections 8 and 9, the following places are closed
to entry, use, and occupancy by members of the public:
(a) Indoor theaters, cinemas, and performance
venues;
(b) Indoor gymnasiums, fitness centers, recreation
centers, sports facilities, exercise facilities, exercise studios, and the
like;
(c) Millionaire Parties licensed by the Michigan
Gaming Control Board;
(d) Until August 5, 2020 at 10 a.m., casinos
licensed by the Michigan Gaming Control Board and racetracks licensed by the
Michigan Gaming Control Board. After such time, such establishments may
operate, subject to the rules on workplace safeguards described in Executive
Order 2020-161 or any order that may follow from it; and
(e) Indoor services or facilities, or outdoor
services or facilities involving close contact of persons, for amusement or
other recreational or entertainment purposes, such as amusement parks, arcades,
bingo halls, bowling alleys, indoor climbing facilities, indoor dance areas,
skating rinks, trampoline parks, carnival or amusement rides as defined by MCL
408.652(2), water parks, and other similar recreational or entertainment
facilities.
5. Bars.
Food service establishments, as defined in section 1107(t) of the Michigan Food
Law, 2000 PA 92, as amended, MCL 289.1107(t), that hold on-premises retailer
licenses to sell alcoholic beverages must close for indoor service if they earn
more than 70% of their gross receipts from sales of alcoholic beverages.
(a) Food service establishments that are closed
for indoor service but open for outdoor service must prohibit patrons from
entering the establishment, except to walk through in order to access the
outdoor area, to leave the establishment, or to use the restroom.
(b) For purposes of calculating its percentage of
gross receipts from sales of alcoholic beverages under section 1, a food
service establishment must use:
(1) Gross receipts from 2019; or
(2) If the establishment was not in operation in
2019, gross receipts from the date the establishment opened in 2020.
6. Liquor
license restrictions. Dance and topless activity permits issued under subsections
2 or 3 of section 916 of the Michigan Liquor Control Code, 1998 PA 58, as
amended, MCL 436.1916(2) and (3), are temporarily suspended. Combination
dance–entertainment permits and topless activity–entertainment permits issued
under subsection 4 of section 916 of the Michigan Liquor Control Code, MCL
436.1916(4), are suspended to the extent they allow dancing and topless
activity, but remain valid to the extent they allow other entertainment.
(a) In enforcing the Michigan Liquor Control Code,
the Michigan Liquor Control Commission will consider whether the public health,
safety or welfare requires summary, temporary suspension of a license under
section 92 of the Administrative Procedures Act of 1969, 1969 PA 306, as
amended, MCL 24.292(2).
(b) Nothing in this order or in Executive Order
2020-161 prevents food service establishments from selling alcoholic beverages
for off-premises consumption to patrons who are not seated at a table, or to
require such patrons to remain seated when ordering such beverages.
(c) Nothing in this order or in Executive Order
2020-161 prevents the holder of a social district license under section 551 of
the Michigan Liquor Control Code, 1998 PA 58, as amended, MCL 436.1551:
(1) From selling alcoholic beverages for
consumption in a commons area within a designated social district to patrons
who are not seated at a table; or
(2) To require such patrons to remain seated when
ordering such beverages.
7. Rules
on gatherings, events, and large venues.
(a) A social gathering or organized event among
persons not part of the same household is permitted, but only to the extent
that:
(1) The gathering or event is designed to ensure
that persons not part of the same household maintain six feet of distance from
one another;
(2) Persons not part of the same household
maintain six feet of distance from one another;
(3) If it is indoors, the gathering or event does
not exceed 10 people; and
(4) If it is outdoors, the gathering or event does
not exceed 100 people.
(b) Subsection (a) does not apply to the
incidental gathering of persons in a shared space, including an airport, bus
station, factory floor, restaurant, shopping mall, public pool, or workplace.
(c) Notwithstanding the restrictions in subsection
(a) or in subsections 8(c) or 8(d), professional sports leagues and teams,
including professional athletes engaged in individual sports, may resume
operations, provided that:
(1) No live audiences are allowed, except for staff
of the facility at which a sporting event is held and media personnel reporting
on, filming, or otherwise documenting the sporting event;
(2) The activities are conducted pursuant to a
COVID-19 safety plan that is consistent with any guidance from the Centers for
Disease Control and Prevention and the Michigan Department of Health and Human
Services; and
(3) Participants maintain six feet of distance
from one another to the extent compatible with the sporting activity.
(d) The restrictions described in subsection
(a)(3) do not apply to polling places.
8. Regions
6 and 8.
(a) The restrictions described in section 4 of
this order do not apply in Regions 6 and 8.
(b) Notwithstanding section 7(a)(4) of this order,
an outdoor social gathering or outdoor organized event among persons not part
of the same household is permitted in Regions 6 and 8, but only to the extent
that the gathering or event does not exceed 250 people and complies with
subsection 7(a)(1) and 7(a)(2) of this order.
(c) In Regions 6 and 8, and notwithstanding the
restrictions in section 7(a), an indoor arcade, bowling alley, cinema, climbing
facility, convention center, performance space, meeting hall, sports arena,
theater, or similar indoor venue may be open to spectators or patrons, but only
to the extent that it:
(1) Arranges the venue such that persons not part
of the same household may maintain six feet of distance from one another at all
times while in the venue; and
(2) Limits the number of people in the venue to
25% of its maximum capacity or to 250, whichever is smaller. For purposes of
this order, each separate auditorium or screening room is a separate venue.
(d) In Regions 6 and 8, and notwithstanding the
restrictions in section 8(b), an outdoor concert space, race track, sports
arena, stadium, or similar outdoor venue may, be open to spectators or patrons,
but only to the extent that it:
(1) Arranges the venue such that persons not part
of the same household may maintain six feet of distance from one another at all
times while in the venue; and
(2) Limits the number of people in the venue to
25% of its maximum capacity or to 500, whichever is smaller.
9. Exceptions.
The restrictions imposed by sections 4 of this order do not apply to any of the
following:
(a) If they are outdoors, fitness classes,
athletic practices, training sessions, or games, provided that coaches,
spectators, and participants not from the same household maintain six feet of
distance from one another at all times during such activities, and that
equipment and supplies are shared to the minimum extent possible and are
subject to frequent and thorough disinfection and cleaning;
(b) Services necessary for medical treatment as
determined by a licensed medical provider;
(c) Health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities;
(d) Crisis shelters or similar institutions;
(e) Food courts inside the secured zones of
airports; and
(f) Employees, contractors, vendors, or suppliers
who enter, use, or occupy the places described in section 4 of this order in
their professional capacity.
10. Parks.
Unless otherwise prohibited by local regulation, outdoor parks and recreational
facilities may be open, provided that they make any reasonable modifications
necessary to enable employees and patrons not part of the same household to
maintain six feet of distance from one another, and provided that areas in
which social distancing cannot be maintained be closed, subject to guidance
issued by the Michigan Department of Health and Human Services.
11. Pools.
Unless otherwise prohibited by local regulation, public swimming pools, as
defined by MCL 333.12521(d), may be open, subject to guidance issued by the Department
of Health and Human Services, provided that:
(a) If they are outdoors, they limit capacity to
50% of the bather capacity limits described in Rule 325.2193 of the Michigan
Administrative Code;
(b) If they are indoors and located in Regions 6
or 8, they limit capacity to 25% of the bather capacity limits described in
Rule 325.2193 of the Michigan Administrative Code;
(c) If
they are indoors and located outside of Regions 6 or 8, they open only for
infant and child drowning prevention classes and limit capacity to 25% of the
bather capacity limits described in Rule 325.2193 of the Michigan
Administrative Code; and
(d) They limit capacity on the pool deck to ensure
that persons not part of the same household maintain six feet of distance from
one another.
12. Region
definitions. For purposes of this order, Michigan comprises eight separate
regions.
(a) Region 1 includes the following counties:
Monroe, Washtenaw, Livingston, Genesee, Lapeer, Saint Clair, Oakland, Macomb,
and Wayne.
(b) Region 2 includes the following counties:
Mason, Lake, Osceola, Clare, Oceana, Newaygo, Mecosta, Isabella, Muskegon,
Montcalm, Ottawa, Kent, and Ionia.
(c) Region 3 includes the following counties:
Allegan, Barry, Van Buren, Kalamazoo, Calhoun, Berrien, Cass, Saint Joseph, and
Branch.
(d) Region 4 includes the following counties:
Oscoda, Alcona, Ogemaw, Iosco, Gladwin, Arenac, Midland, Bay, Saginaw, Tuscola,
Sanilac, and Huron.
(e) Region 5 includes the following counties:
Gratiot, Clinton, Shiawassee, Eaton, and Ingham.
(f) Region 6 includes the following counties:
Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska,
Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan,
Presque Isle, and Emmet.
(g) Region 7 includes the following counties:
Hillsdale, Lenawee, and Jackson.
(h) Region 8 includes the following counties: Gogebic,
Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette, Menominee,
Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa.
13. Separation
of powers. Nothing in this order should be taken to interfere with or
infringe on the powers of the legislative and judicial branches to perform
their constitutional duties or exercise their authority. Similarly, nothing in
this order shall be taken to abridge protections guaranteed by the state or
federal constitution under these emergency circumstances.
14. Religious
worship. Consistent with prior guidance, neither a place of religious
worship nor its owner is subject to penalty under section 17 of this order for
allowing religious worship at such place. No individual is subject to penalty
under section 17 of this order for engaging in religious worship at a place of
religious worship.
15. Effective
date. Except as otherwise specified, this order takes effect at 12:01 a.m.
on July 31, 2020. At that time, Executive Orders 2020-110, 2020-115, 2020-120,
2020-133, and 2020-143 are rescinded. Except as otherwise specified, nothing in
this order supersedes any other executive order.
16. Future
orders. In determining whether to maintain, intensify, or relax the
restrictions in this order, I will consider, among other factors, (1) data on
COVID-19 infections and the disease’s rate of spread; (2) whether sufficient
medical personnel, hospital beds, and ventilators exist to meet anticipated
medical need; (3) the availability of personal protective equipment for the
health care workforce; (4) the state’s capacity to test for COVID-19 cases and
isolate infected people; and (5) economic conditions in the state.
17. Penalty.
Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order
is a misdemeanor.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 29, 2020
Time: 5:31pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received July 29, 2020 and read:
EXECUTIVE
ORDER
No.
2020-161
Safeguards
to protect Michigan’s workers from COVID-19
Rescission
of Executive Order 2020-145
Businesses must continue to do
their part to protect their employees, their patrons, and their communities.
Many businesses have already done so by implementing robust safeguards to
prevent viral transmission. But we can and must do more: no one should feel
unsafe at work. With Executive Orders 2020-91, 2020-97, 2020-114, and 2020-145,
I created workplace standards that apply to all businesses across the state. I
am now rescinding and reissuing an amended version of those standards to add a
new section on casinos.
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 EPA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
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 June 18, 2020, I issued
Executive Order 2020-127, 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 had 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.
To suppress the spread of
COVID-19, to prevent the state’s health care system from being overwhelmed, to
allow time for the production of critical test kits, ventilators, and personal
protective equipment, to establish the public health infrastructure necessary
to contain the spread of infection, and to avoid needless deaths, it was
reasonable and necessary to direct residents to remain at home or in their
place of residence to the maximum extent feasible. To that end, on March 23,
2020, I issued Executive Order 2020-21, ordering all people in Michigan to stay
home and stay safe. In Executive Orders 2020-42, 2020-59, 2020-70, 2020‑77,
2020-92, 2020-96, and 2020-110, I extended that initial order, modifying its
scope as needed and appropriate to match the ever-changing circumstances
presented by this pandemic.
The measures put in place by
these executive orders have been effective. Although the virus remains
aggressive and persistent—on July 28, Michigan reported a total of 79,176 confirmed
cases and 6,170 deaths—the strain on our health care system has relented,
even as our testing capacity has increased. Where Michigan was once among the
states most heavily hit, our per-capita case rate is now roughly one third to
the national average.
Acting under the Michigan
Constitution of 1963 and Michigan law, I find it reasonable and necessary, for
the reasons outlined above, to order:
1. All businesses or operations that require
their employees to leave the homes or residences for work must, at a minimum:
(a) Develop a COVID-19 preparedness and response
plan, consistent with recommendations in Guidance on Preparing Workplaces for
COVID-19, developed by the Occupational Health and Safety Administration (“OSHA”)
and available here. Within two weeks of resuming in-person activities, a
business’s or operation’s plan must be made readily available to employees,
labor unions, and customers, whether via website, internal network, or by hard
copy.
(b) Designate one or more worksite supervisors to
implement, monitor, and report on the COVID‑19 control strategies
developed under subsection (a). The supervisor must remain on‑site at all
times when employees are present on site. An on-site employee may be designated
to perform the supervisory role.
(c) Provide COVID-19 training to employees that
covers, at a minimum:
(1) Workplace infection-control practices.
(2) The proper use of personal protective
equipment.
(3) Steps the employee must take to notify the
business or operation of any symptoms of COVID-19 or a suspected or confirmed
diagnosis of COVID-19.
(4) How to report unsafe working conditions.
(d) Provide any communication and training on
COVID-19 infection control practices in the primary languages common in the
employee population.
(e) Place posters in the languages common in the
employee population that encourage staying home when sick, cough and sneeze
etiquette, and proper hand hygiene practices.
(f) Conduct a daily entry self-screening protocol
for all employees or contractors entering the workplace, including, at a
minimum, a questionnaire covering symptoms and suspected or confirmed exposure
to people with possible COVID-19.
(g) Keep everyone on the worksite premises at
least six feet from one another to the maximum extent possible, including
through the use of ground markings, signs, and physical barriers, as
appropriate to the worksite.
(h) Provide non-medical grade face coverings to
their employees, with supplies of N95 masks and surgical masks reserved, for
now, for health care professionals, first responders (e.g., police officers,
fire fighters, paramedics), and other critical workers.
(i) Require face coverings to be worn when
employees cannot consistently maintain six feet of separation from other
individuals in the workplace, and consider face shields when employees cannot
consistently maintain three feet of separation from other individuals in the
workplace.
(j) Require face coverings in shared spaces,
including during in-person meetings and in restrooms and hallways.
(k) Increase facility cleaning and disinfection to
limit exposure to COVID-19, especially on high-touch surfaces (e.g., door
handles), paying special attention to parts, products, and shared equipment
(e.g., tools, machinery, vehicles).
(l) Adopt protocols to clean and disinfect the
facility in the event of a positive COVID-19 case in the workplace.
(m) Make cleaning supplies available to employees
upon entry and at the worksite and provide time for employees to wash hands
frequently or to use hand sanitizer.
(n) When an employee is identified with a
confirmed case of COVID-19:
(1) Immediately notify the local public health
department, and
(2) Within 24 hours, notify any co-workers,
contractors, or suppliers who may have come into contact with the person with a
confirmed case of COVID-19.
(o) An employer will allow employees with a confirmed
or suspected case of COVID-19 to return to the workplace only after they are no
longer infectious according to the latest guidelines from the Centers for
Disease Control and Prevention (“CDC”) and they are released from any
quarantine or isolation by the local public health department.
(p) Follow Executive Order 2020-36, and any
executive orders that follow it, that prohibit discharging, disciplining, or
otherwise retaliating against employees who stay home or who leave work when
they are at particular risk of infecting others with COVID-19.
(q) Establish a response plan for dealing with a
confirmed infection in the workplace, including protocols for sending employees
home and for temporary closures of all or part of the workplace to allow for
deep cleaning.
(r) Restrict business-related travel for
employees to essential travel only.
(s) Encourage employees to use personal protective
equipment and hand sanitizer on public transportation.
(t) Promote remote work to the fullest extent possible.
(u) Adopt any additional infection-control
measures that are reasonable in light of the work performed at the worksite and
the rate of infection in the surrounding community.
2. Businesses or operations whose work is
primarily and traditionally performed outdoors must:
(a) Prohibit gatherings of any size in which
people cannot maintain six feet of distance from one another.
(b) Limit in-person interaction with clients and
patrons to the maximum extent possible, and bar any such interaction in which
people cannot maintain six feet of distance from one another.
(c) Provide and require the use of personal
protective equipment such as gloves, goggles, face shields, and face coverings,
as appropriate for the activity being performed.
(d) Adopt protocols to limit the sharing of tools
and equipment to the maximum extent possible and to ensure frequent and
thorough cleaning and disinfection of tools, equipment, and frequently touched
surfaces.
3. Businesses or operations in the construction
industry must:
(a) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering a
worksite, including a questionnaire covering symptoms and suspected or
confirmed exposure to people with possible COVID-19, together with, if
possible, a temperature screening.
(b) Create dedicated entry point(s) at every worksite,
if possible, for daily screening as provided in sub-provision (b) of this
section, or in the alternative issue stickers or other indicators to employees
to show that they received a screening before entering the worksite that day.
(c) Provide instructions for the distribution of
personal protective equipment and designate on-site locations for soiled face
coverings.
(d) Require the use of work gloves where
appropriate to prevent skin contact with contaminated surfaces.
(e) Identify choke points and high-risk areas
where employees must stand near one another (such as hallways, hoists and
elevators, break areas, water stations, and buses) and control their access and
use (including through physical barriers) so that social distancing is maintained.
(f) Ensure there are sufficient hand-washing or
hand-sanitizing stations at the worksite to enable easy access by employees.
(g) Notify contractors (if a subcontractor) or
owners (if a contractor) of any confirmed COVID-19 cases among employees at the
worksite.
(h) Restrict unnecessary movement between project
sites.
(i) Create protocols for minimizing personal
contact upon delivery of materials to the worksite.
4. Manufacturing facilities must:
(a) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering the
facility, including a questionnaire covering symptoms and suspected or
confirmed exposure to people with possible COVID-19, together with temperature
screening.
(b) Create dedicated entry point(s) at every
facility for daily screening as provided in sub-provision (a) of this section,
and ensure physical barriers are in place to prevent anyone from bypassing the
screening.
(c) Suspend all non-essential in-person visits,
including tours.
(d) Train employees on, at a minimum:
(1) Routes by which the virus causing COVID-19 is
transmitted from person to person.
(2) Distance that the virus can travel in the air,
as well as the time it remains viable in the air and on environmental surfaces.
(3) The use of personal protective equipment,
including the proper steps for putting it on and taking it off.
(e) Reduce
congestion in common spaces wherever practicable by, for example, closing salad
bars and buffets within cafeterias and kitchens, requiring individuals to sit
at least six feet from one another, placing markings on the floor to allow
social distancing while standing in line, offering boxed food via delivery or
pick-up points, and reducing cash payments.
(f) Implement rotational shift schedules where
possible (e.g., increasing the number of shifts, alternating days or weeks) to
reduce the number of employees in the facility at the same time.
(g) Stagger meal and break times, as well as start
times at each entrance, where possible.
(h) Install temporary physical barriers, where
practicable, between work stations and cafeteria tables.
(i) Create protocols for minimizing personal
contact upon delivery of materials to the facility.
(j) Adopt protocols to limit the sharing of tools
and equipment to the maximum extent possible.
(k) Ensure there are sufficient hand-washing or
hand-sanitizing stations at the worksite to enable easy access by employees,
and discontinue use of hand dryers.
(l) Notify plant leaders and potentially exposed
individuals upon identification of a positive case of COVID-19 in the facility,
as well as maintain a central log for symptomatic employees or employees who
received a positive test for COVID-19.
(m) Send potentially exposed individuals home upon
identification of a positive case of COVID‑19 in the facility.
(n) Require employees to self-report to plant
leaders as soon as possible after developing symptoms of COVID-19.
(o) Shut areas of the manufacturing facility for
cleaning and disinfection, as necessary, if an employee goes home because he or
she is displaying symptoms of COVID-19.
5. Research laboratories, other than laboratories
that perform diagnostic testing, must:
(a) Assign dedicated entry point(s) or times into
lab buildings.
(b) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering a
worksite, including a questionnaire covering symptoms and suspected or
confirmed exposure to people with possible COVID-19, together with, if
possible, a temperature screening.
(c) Create protocols or checklists as necessary to
conform to the facility’s COVID-19 preparedness and response plan.
(d) Suspend all non-essential visitors.
(e) Establish and implement a plan for
distributing face coverings.
(f) Limit the number of people per square feet of
floor space permitted in a particular laboratory at one time.
(g) Close open workspaces, cafeterias, and
conference rooms.
(h) As necessary, use tape on the floor to
demarcate socially distanced workspaces and to create one-way traffic flow.
(i) Require all office and dry lab work to be
conducted remotely.
(j) Minimize the use of shared lab equipment and
shared lab tools and create protocols for disinfecting lab equipment and lab
tools.
(k) Provide disinfecting supplies and require
employees to wipe down their work stations at least twice daily.
(l) Implement an audit and compliance procedure
to ensure that cleaning criteria are followed.
(m) Establish a clear reporting process for any
symptomatic individual or any individual with a confirmed case of COVID-19,
including the notification of lab leaders and the maintenance of a central log.
(n) Clean and disinfect the work site when an
employee is sent home with symptoms or with a confirmed case of COVID-19.
(o) Send any potentially exposed co-workers home
if there is a positive case in the facility.
(p) Restrict all non-essential work travel,
including in-person conference events.
6. Retail stores that are open for in-store
sales, as well as libraries and museums, must:
(a) Create communications material for customers
(e.g., signs or pamphlets) to inform them of changes to store practices and to
explain the precautions the store is taking to prevent infection.
(b) Establish lines to regulate entry in
accordance with subsection (c) of this section, with markings for patrons to
enable them to stand at least six feet apart from one another while waiting.
Stores should also explore alternatives to lines, including by allowing
customers to wait in their cars for a text message or phone call, to enable
social distancing and to accommodate seniors and those with disabilities.
(c) Except in Regions 6 and 8, adhere to the
following restrictions:
(1) Stores of less than 50,000 square feet of
customer floor space must limit the number of people in the store (including
employees) to 25% of the total occupancy limits established by the State Fire
Marshal or a local fire marshal.
(2) Stores of more than 50,000 square feet must:
(A) Limit the number of customers in the store at
one time (excluding employees) to 4 people per 1,000 square feet of
customer floor space.
(B) Create at least two hours per week of dedicated
shopping time for vulnerable populations, which for purposes of this order are
people over 60, pregnant women, and those with chronic conditions such as heart
disease, diabetes, and lung disease.
(3) The director of the Department of Health and
Human Services is authorized to issue an emergency order varying the capacity
limits described in this subsection as necessary to protect the public health.
(d) Post signs at store entrances instructing
customers of their legal obligation to wear a face covering when inside the
store.
(e) Post signs at store entrances informing
customers not to enter if they are or have recently been sick.
(f) Design spaces and store activities in a
manner that encourages employees and customers to maintain six feet of distance
from one another.
(g) Install physical barriers at checkout or other
service points that require interaction, including plexiglass barriers, tape
markers, or tables, as appropriate.
(h) Establish an enhanced cleaning and sanitizing
protocol for high-touch areas like restrooms, credit-card machines, keypads,
counters, shopping carts, and other surfaces.
(i) Train employees on:
(1) Appropriate cleaning procedures, including training for cashiers on
cleaning between customers.
(2) How to manage symptomatic customers upon entry
or in the store.
(j) Notify employees if the employer learns that
an individual (including a customer or supplier) with a confirmed case of
COVID-19 has visited the store.
(k) Limit staffing to the minimum number necessary
to operate.
7. Offices must:
(a) Assign dedicated entry point(s) for all
employees to reduce congestion at the main entrance.
(b) Provide visual indicators of appropriate
spacing for employees outside the building in case of congestion.
(c) Take steps to reduce entry congestion and to
ensure the effectiveness of screening (e.g., by staggering start times,
adopting a rotational schedule in only half of employees are in the office at a
particular time).
(d) Increase
distancing between employees by spreading out workspaces, staggering workspace
usage, restricting non-essential common space (e.g., cafeterias), providing
visual cues to guide movement and activity (e.g., restricting elevator capacity
with markings).
(e) Prohibit social gatherings and meetings that
do not allow for social distancing or that create unnecessary movement through
the office. Use virtual meetings whenever possible.
(f) Provide disinfecting supplies and require
employees wipe down their work stations at least twice daily.
(g) Post signs about the importance of personal
hygiene.
(h) Disinfect high-touch surfaces in offices
(e.g., whiteboard markers, restrooms, handles) and minimize shared items when
possible (e.g., pens, remotes, whiteboards).
(i) Institute cleaning and communications
protocols when employees are sent home with symptoms.
(j) Notify employees if the employer learns that
an individual (including a customer, supplier, or visitor) with a confirmed
case of COVID-19 has visited the office.
(k) Suspend all non-essential visitors.
(l) Restrict all non-essential travel, including
in-person conference events.
8. Restaurants and bars must:
(a) Limit capacity to 50% of normal seating.
(b) Require six feet of separation between parties
or groups at different tables or bar tops (e.g., spread tables out, use every
other table, remove or put up chairs or barstools that are not in use).
(c) Require patrons to wear a face covering except
when seated at their table or bar top (unless the patron is unable medically to
tolerate a face covering).
(d) Require patrons to remain seated at their
tables or bar tops, except to enter or exit the premises, to order food, or to
use the restroom.
(e) Sell alcoholic beverages only via table
service, not via orders at the bar except to patrons seated at the bar.
(f) Prohibit access to common areas in which
people can congregate, dance, or otherwise mingle.
(g) Create communications material for customers
(e.g., signs, pamphlets) to inform them of changes to restaurant or bar
practices and to explain the precautions that are being taken to prevent
infection.
(h) Close waiting areas and ask customers to wait
in cars whenever possible, or else outside the restaurant or bar, for a
notification when their table is ready. Restaurants and bars should take
measures to encourage social distancing among those customers waiting for tables
who are not waiting in their cars.
(i) Close self-serve food or drink options, such
as buffets, salad bars, and drink stations.
(j) Provide physical guides, such as tape on
floors or sidewalks and signage on walls to ensure that customers remain at
least six feet apart in any lines.
(k) Post signs at store entrances informing
customers not to enter if they are or have recently been sick.
(l) Post signs instructing customers to wear face
coverings until they are seated at their table.
(m) Require hosts, servers, and staff to wear face
coverings in the dining area.
(n) Require employees to wear face coverings and
gloves in the kitchen area when handling food, consistent with guidelines from
the Food and Drug Administration (“FDA”).
(o) Limit shared items for customers (e.g.,
condiments, menus) and clean high-contact areas after each customer (e.g.,
tables, chairs, menus, payment tools).
(p) Train employees on:
(1) Appropriate use of personal protective
equipment in conjunction with food safety guidelines.
(2) Food safety health protocols (e.g., cleaning between
customers, especially shared condiments).
(3) How to manage symptomatic customers upon entry
or in the restaurant.
(q) Notify employees if the employer learns that
an individual (including an employee, customer, or supplier) with a confirmed case
of COVID-19 has visited the store.
(r) Close restaurant immediately if an employee
shows symptoms of COVID-19, defined as either the new onset of cough or new
onset of chest tightness or two of the following: fever (measured or
subjective), chills, myalgia, headache, sore throat, or disorders of taste or
smell, and perform a deep clean, consistent with guidance from the FDA and the
CDC. Such cleaning may occur overnight.
(s) Install physical barriers, such as sneeze
guards and partitions at cash registers, bars, host stands, and other areas
where maintaining physical distance of six feet is difficult.
(t) To the maximum extent possible, limit the
number of employees in shared spaces, including kitchens, host stands, break
rooms, and offices, to maintain at least a six-foot distance between employees.
9. Outpatient health-care facilities, including
clinics, primary care physician offices, or dental offices, and also including
veterinary clinics, must:
(a) Post signs at entrance(s) instructing patients
to wear a face covering when inside.
(b) Limit waiting-area occupancy to the number of
individuals who can be present while staying six feet away from one another and
ask patients, if possible, to wait in cars for their appointment to be called.
(c) Mark waiting rooms to enable six feet of
social distancing (e.g., by placing X’s on the ground and/or removing seats in
the waiting room).
(d) Enable contactless sign-in (e.g., sign in on
phone app) as soon as practicable.
(e) Add special hours for highly vulnerable
patients, including the elderly and those with chronic conditions.
(f) Conduct a common screening protocol for all
patients, including a temperature check and questions about COVID-19 symptoms.
(g) Place hand sanitizer and face coverings at
patient entrances.
(h) Require employees to make proper use of
personal protective equipment in accordance with guidance from the CDC and
OSHA.
(i) Require patients to wear a face covering when
in the facility, except as necessary for identification or to facilitate an
examination or procedure.
(j) Install physical barriers at sign-in,
temperature screening, or other service points that normally require personal
interaction (e.g., plexiglass, cardboard, tables).
(k) Employ telehealth and telemedicine to the
greatest extent possible.
(l) Limit the number of appointments to maintain
social distancing and allow adequate time between appointments for cleaning.
(m) Employ specialized procedures for patients with
high temperatures or respiratory symptoms (e.g., special entrances, having them
wait in their car) to avoid exposing other patients in the waiting room.
(n) Deep clean examination rooms after patients
with respiratory symptoms and clean rooms between all patients.
(o) Establish procedures for building disinfection
in accordance with CDC guidance if it is suspected that an employee or patient
has COVID-19 or if there is a confirmed case.
10. All businesses or operations that provide
in-home services, including cleaners, repair persons, painters, and the like,
must:
(a) Require their employees (or, if a sole-owned
business, the business owner) to perform a daily health screening prior to
going to the job site.
(b) Maintain accurate appointment record,
including date and time of service, name of client, and contact information, to
aid with contact tracing.
(c) Limit direct interaction with customers by
using electronic means of communication whenever possible.
(d) Prior to entering the home, inquire with the
customer whether anyone in the household has been diagnosed with COVID-19, is
experiencing symptoms of COVID-19, or has had close contact with someone who
has been diagnosed with COVID-19. If so, the business or operation must reschedule
for a different time.
(e) Limit the number of employees inside a home to
the minimum number necessary to perform the work in a timely fashion.
(f) Gloves should be worn when practical and
disposed of in accordance with guidance from the CDC.
11. All
businesses or operations that provide barbering, cosmetology services, body art
services (including tattooing and body piercing), tanning services, massage
services, or similar personal-care services must:
(a) Maintain accurate appointment and walk-in
records, including date and time of service, name of client, and contact
information, to aid with contact tracing.
(b) Post signs at store entrances informing
customers not to enter if they are or have recently been sick.
(c) Restrict entry to customers, to a caregiver of
those customers, or to the minor dependents of those customers.
(d) Require in-use workstations to be separated by
at least six feet from one another and, if feasible, separate workstations with
physical barriers (e.g., plexiglass, strip curtains).
(e) Limit waiting-area occupancy to the number of
individuals who can be present while staying six feet away from one another and
ask customers, if possible, to wait in cars for their appointment to be called.
(f) Discontinue all self-service refreshments.
(g) Discard magazines in waiting areas and other
non-essential, shared items that cannot be disinfected.
(h) Mark waiting areas to enable six feet of social
distancing (e.g., by placing X’s on the ground and/or removing seats in the
waiting room).
(i) Require employees to make proper use of
personal protective equipment in accordance with guidance from the CDC and
OSHA.
(j) Require employees and customers to wear a
face covering at all times, except that customers may temporarily remove a face
covering when receiving a service that requires its removal. During services
that require a customer to remove their face covering, an employee must wear a
face shield or goggles in addition to the face covering.
(k) Install physical barriers, such as sneeze
guards and partitions at cash registers, where maintaining physical distance of
six feet is difficult.
(l) Cooperate with the local public health department
if a confirmed case of COVID-19 is identified in the facility.
12. Sports and entertainment facilities, including
arenas, cinemas, concert halls, performance venues, sporting venues, stadiums
and theaters, as well as places of public amusement, such as amusement parks,
arcades, bingo halls, bowling alleys, night clubs, skating rinks, and
trampoline parks, must:
(a) Post signs outside of entrances informing
customers not to enter if they are or have recently been sick.
(b) Encourage or require patrons to wear face
coverings.
(c) Establish crowd-limiting measures to meter the
flow of patrons (e.g., digital queuing, delineated waiting areas, parking
instructions, social distance markings on ground or cones to designate social
distancing, etc.).
(d) Use physical dividers, marked floors, signs,
and other physical and visual cues to maintain six feet of distance
between persons.
(e) Limit seating occupancy to the extent
necessary to enable patrons not of the same household to maintain six feet of
distance from others (e.g., stagger group seating upon reservation, close off
every other row, etc.).
(f) For sports and entertainment facilities,
establish safe exit procedures for patrons (e.g., dismiss groups based on
ticket number, row, etc.).
(g) For sports and entertainment facilities, to
the extent feasible, adopt specified entry and exit times for vulnerable
populations, as well as specified entrances and exits.
(h) Train employees who interact with patrons
(e.g., ushers) on how to:
(1) Monitor and enforce compliance with the facility’s COVID-19
protocols.
(2) Help patrons who become symptomatic.
(i) Frequently disinfect high-touch surfaces
during events or, as necessary, throughout the day.
(j) Disinfect and deep clean the facility after
each event or, as necessary, throughout the day.
(k) Close self-serve food or drink options, such
as buffets, salad bars, and drink stations.
13. Gymnasiums, fitness centers, recreation
centers, exercise facilities, exercise studios, and like facilities must:
(a) Post signs outside of entrances instructing
individuals not to enter if they are or have recently been sick.
(b) Maintain accurate records, including date and
time of event, names of attendees, and contact information, to aid with contact
tracing.
(c) To the extent feasible, configure workout
stations or implement protocols to enable ten feet of distance between
individuals during exercise sessions (or six feet of distance with barriers).
(d) Reduce class sizes, as necessary, to enable at
least six feet of separation between individuals.
(e) Provide equipment-cleaning products throughout
the gym or exercise facility for use on equipment.
(f) Make hand sanitizer, disinfecting wipes, soap
and water, or similar disinfectant readily available.
(g) Regularly disinfect exercise equipment,
including immediately after use. If patrons are expected to disinfect, post
signs encouraging patrons to disinfect equipment.
(h) Ensure that ventilation systems operate properly.
(i) Increase introduction and circulation of
outdoor air as much as possible by opening windows and doors, using fans, or
other methods.
(j) Regularly clean and disinfect public areas,
locker rooms, and restrooms.
(k) Close steam rooms and saunas.
14. Meat and poultry processing plants must:
(a) Conduct a daily entry screening protocol for
employees, contractors, suppliers, and any other individuals entering the
facility, including a questionnaire covering symptoms and suspected or confirmed
exposure to people with possible COVID-19, together with temperature screening.
(b) Create at least one dedicated entry point at
every facility for daily screening as provided in subsection (a) of this
section, and ensure physical barriers are in place to prevent anyone from bypassing
the screening.
(c) Configure communal work environments so that
employees are spaced at least six feet apart in all directions (e.g.,
side-to-side and when facing one another).
(d) Require employees to wear a face covering
whenever present at the facility, except when removal is necessary to eat or
drink.
(e) Provide clean cloth face coverings or
disposable mask options for employees to use when the coverings become wet,
soiled, or otherwise visibly contaminated over the course of a workday.
(f) Use face shields in addition to face
coverings as necessary when engineering and administrative controls are
difficult to maintain and there may be exposure to other workplace hazards,
such as splashes or sprays of liquids on processing lines
(g) Install physical barriers, such as strip
curtains, plexiglass, or other impermeable dividers or partitions, to separate
meat and poultry processing employees from each other.
(h) Take measures to ensure adequate ventilation
in work areas to help minimize employees’ potential exposures.
(i) Encourage single-file movement with a
six-foot distance between each employee through the facility.
(j) Stagger employees’ arrival, departure, break,
and lunch times to avoid congregations of employees in parking areas, locker
rooms, lunch areas, and near time clocks.
(k) Provide visual cues (e.g., floor markings,
signs) as a reminder to employees to maintain social distancing.
(l) Designate employees to monitor and facilitate
social distancing on the processing floor.
(m) Reduce processing capacity or modify the
processing or production lines or stagger workers across shifts to minimize the
number of employees in the facility at any one time.
(n) Adopt sick leave policies that discourage
employees from entering the workplace while sick and modify any incentive
programs that penalize employees for taking sick leave.
(o) Group employees together in cohorts, if
feasible, in a manner that allows a group of employees to be assigned to the
same shifts with the same coworkers, so as to minimize contacts between
employees in each cohort.
(p) If an employee becomes or reports being sick,
disinfect the workstation used and any tools handled by the employee.
(q) Provide personal protective equipment that is
disposable if possible or else, if reusable equipment is provided, ensure
proper disinfection and storage in a clean location when not in use.
15. Casinos must:
(a) Conduct a daily entry screening protocol for
customers, employees, contractors, suppliers, and any other individuals
entering the facility, including a questionnaire covering symptoms and
suspected or confirmed exposure to people with possible COVID-19, together with
temperature screening.
(b) Limit and enforce patron occupancy of 15% of
total occupancy limits established by the State Fire Marshal or a local fire
marshal.
(c) Designate entry points and exit points with
extensive signage of the directional flow of patrons.
(d) Place signs at each entrance point, cage, and
throughout the casino reminding patrons of CDC guidelines for social distancing
practices, proper washing of hands, wearing face coverings, and to stay at home
if feeling ill or sick.
(e) Require patrons to wear a face covering, except
while eating or drinking or for identification purposes.
(f) Prohibit smoking indoors.
(g) Designate a Liaison Officer (or Officers),
identify such Officer (or Officers) to all casino employees, and require any
employee who believes they may have contracted COVID-19 or been exposed to
COVID-19 to report this to an Officer.
(h) Stagger break schedules and employee starting
and ending times to the extent possible to avoid congregation of individuals in
back-of-house areas.
(i) Provide frequent opportunities for employees
to wash and/or sanitize their hands to reduce the risk of surface transmission.
(j) In addition to the cleaning required under
subsection 1(k), clean and disinfect all high-touch objects that are accessible
to the public (e.g., ATMs, counters, door handles, elevator panels and buttons,
restrooms, dining tables, employee break rooms, carts, chairs, table rails,
trash bins, light switches, phones, kiosks, time clocks, etc.).
(k) Provide disinfecting wipes (to the extent they
are available) throughout the casino to enable patrons to disinfect frequently
touched surfaces.
(l) Place hand sanitizer stations in high traffic
areas, including throughout the casino floor and employee break rooms.
(m) Regularly maintain their HVAC systems and
maximize the delivery of fresh air into the facility.
(n) Frequently disinfect slot machines, provide
wipe dispensaries for slot machines, and post signs encouraging patrons to wipe
down slot machines before and after use.
(o) Enable social distancing between slot machines
by either:
(1) Installing a plexiglass barrier between slot
machines.
(2) Disabling machines or removing chairs from
machines as necessary to maintain six feet of distance between machines in
operation.
(p) Require
dealers and customers to wear face coverings.
(q) Require casino employees who provide food and
drink service on the casino floor to follow the rules described in section 8,
which governs servers at restaurants, including but not limited to, the wearing
of face coverings.
(r) Close the following services or offerings:
(1) Concerts, nightclubs, live events, and shows.
(2) Valet service.
(3) Coat check.
(4) Self-serve buffets and self-serve soda and
coffee stations.
(s) Follow any infection-control guidance provided
by the Michigan Gaming Control Board, including, but not limited to, any
guidance on the conduct of table games.
16. Racetracks licensed by the Executive Director
of the Michigan Gaming Control Board must follow all orders issued by the
Executive Director for reopening and operation consistent with this order or
any order that follows from it.
17. Employers must maintain a record of the
requirements set forth in subsections 1(c) (training), (d) (screening protocol),
and (k) (required notifications).
18. This order is effective immediately upon
issuance. Executive Order 2020-145 is rescinded.
19. Nothing in this order shall be taken to limit
or affect any rights or remedies otherwise available under law.
20. Consistent
with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a
misdemeanor.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 29, 2020
Time: 5:33 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received July 31, 2020 and read:
EXECUTIVE
ORDER
No.
2020-162
Amendment
to Executive Order 2020-160
Executive Order 2020-115, which
previously applied in Regions 6 and 8, provided that any work that could be
performed remotely should be performed remotely. Businesses in other regions
were subject to a tighter standard under Executive Order 2020-110: any work
that could be performed remotely must be performed remotely. Executive Order
2020-160 collapsed the two orders but inadvertently subjected all regions to
the tighter standard. This amendment clarifies that businesses in Regions 6 and
8 remain subject to the prior standard.
Acting under the Michigan
Constitution of 1963 and Michigan law, I find it reasonable and necessary, for
the reasons outlined above, to order:
1. The restriction described in section 1 of
Executive Order 2020-160 does not apply in Regions 6 and 8. Instead, in
Regions 6 and 8, any work that is capable of being performed remotely (i.e.,
without the worker leaving his or her home or place of residence) should be
performed remotely.
Given under my hand and the Great
Seal of the State of Michigan.
Date: July 31, 2020
Time: 4:10 pm
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received August 5, 2020 and read:
EXECUTIVE
ORDER
No.
2020-163
Black
Leadership Advisory Council
Department
of Labor and Economic Opportunity
From Sojourner Truth to Ralph
Bunche to Joe Louis to Berry Gordy Jr. to Rosa Parks, the history of Black
Michiganders reflects a diverse and unique blend of cultural, social, and
economic leadership that have uplifted this state and had a profound impact on
its history. Michigan was an active participant in the Underground Railroad
even before it gained statehood, and Black workers were the backbone of the arsenal
of democracy during World War II. In the mid-twentieth century, the
desegregation of the auto industry made Southeast Michigan home to the nation’s
most affluent Black population.
Yet Black people in this state
have consistently encountered obstacles that perpetuate wealth inequity and
lack of access to economic opportunity. As just one example, Black voices were
largely missing from conversations about urban renewal in the mid-twentieth
century, as decisions that would reshape how Black people lived and worked were
made across this state. The election of William Patrick to the Detroit Common
Council in 1957 made him the first Black councilmember since the 1800s. The
consequences of the lack of Black voices in decision-making were severe: Black
businesses were lost; Black families dislocated; and investment in Black
communities lagged.
Now, with the unequal effects of
COVID-19 – including staggering differences in both the infection and death
rates – and incidents of police violence rippling through Black communities
across America, we must ensure that the voices of Black Americans are heard at
all levels of government, including the governor’s office.
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of Michigan
in the governor.
Section 8 of article 5 of the
Michigan Constitution of 1963 obligates the governor to take care that the laws
be faithfully executed.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creating
the Black Leadership Advisory Council
(a) The Black Leadership Advisory Council (“Council”)
is created as an advisory body within the Department of Labor and Economic
Opportunity (“Department”).
(b) The Council must consist of the following voting
members:
(1) The director of the Department, or the
director’s designee from within the Department.
(2) 16 individuals appointed by the governor
representing Black leadership in various fields, such as economics, law, public
policy, education, health and wellness, technology, the environment (including
environmental justice) and agriculture, community safety and preparedness, arts
and culture, and media and communications. At least one member of the Council
must be an immigrant or individual with expertise in immigration policy, and at
least one member must be between the ages of 18–35.
(c) Of the members initially appointed by the
governor, six must be appointed for a term expiring on December 31, 2023, five
must be appointed for a term expiring on December 31, 2022, and five must be
appointed for a term expiring on December 31, 2021. After the initial
appointments, members must be appointed for a term of three years. A member may
continue to serve until a successor is appointed. A vacancy occurring before
the expiration of a term will be filled in the same manner as the original
appointment for the remainder of the term.
(d) A vacancy on the Council must be filled in the
same manner as the original appointment.
2. Charge
to the Council
(a) The Council shall act in an advisory capacity
to the governor and shall do the following:
(1) Develop, review, and recommend to the governor
policies and actions designed to eradicate and prevent discrimination and
racial inequity in this state, including in the areas of health care, housing,
education, employment, economic opportunity, public accommodations, and
procurement.
(2) Identify state laws, or gaps in state law,
that create or perpetuate inequities, with the goal of promoting economic
growth and wealth equity for the Black community.
(3) Collaborate with the governor’s office and the
Black community to promote legislation and regulation that ensures equitable
treatment of all Michiganders, and seeks to remedy structural inequities in
this state.
(4) Serve as a resource for community groups on
issues, programs, sources of funding, and compliance requirements within state
government to benefit and advance the interests of the Black community.
(5) Promote the cultural arts within the Black
community through coordinated efforts, advocacy, and collaboration with state
government.
(6) Provide other information or advice or take
other actions as requested by the governor.
(b) The Council shall prepare an annual report for
the governor on its activities and recommendations.
3. Operations of the Council
(a) The Department must assist the Council in the
performance of its duties and provide personnel to staff the Council. The
budgeting, procurement, and related management functions of the Council will be
performed under the direction and supervision of the director of the
Department.
(b) The Council must adopt procedures, consistent
with this order and applicable law, governing its organization and operations.
(c) The Council must comply with the Freedom of
Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The governor must designate the chairperson of
the Council.
(e) The Council may select from among its members a
vice chairperson.
(f) The Council must meet at the call of its chairperson
and as otherwise provided in the procedures adopted by the Council.
(g) A majority of the voting members of the Council
serving constitutes a quorum for the transaction of the business of the
Council. The Council must act by a majority vote of its voting members serving.
(h) The Council may establish advisory workgroups
composed of individuals or entities participating in Council activities or
other members of the public as deemed necessary by the Council to assist it in
performing its duties and responsibilities. The Council may adopt, reject, or
modify any recommendations proposed by an advisory workgroup.
(i) The Council may, as appropriate, make
inquiries, studies, and investigations, hold hearings, and receive comments
from the public. The Council also may consult with outside experts to perform
its duties, including experts in the private sector, organized labor,
government agencies, and at institutions of higher education.
(j) The Council may hire or retain contractors,
sub-contractors, advisors, consultants, and agents, and may make and enter into
contracts necessary or incidental to the exercise of the powers of the Council
and the performance of its duties as the director of the Department deems
advisable and necessary, consistent with this order and applicable law, rules
and procedures, subject to available funding.
(k) The Council may accept donations of labor,
services, or other things of value from any public or private agency or person.
Any donations must be received and used in accordance with law.
(l) Members of the Council must not receive
additional compensation for participation on the Council. Members of the
Council may receive reimbursement for necessary travel and expenses consistent
with applicable law, rules, and procedures, subject to available funding.
(m) Members
of the Council must refer all legal, legislative, and media contacts to the
Department.
4. Implementation
(a) All departments, agencies, committees,
commissioners, or officers of this state must give to the Council, or to any
member or representative of the Council, any necessary assistance required by
the Council, or any member or representative of the Council, in the performance
of the duties of the Council so far as is compatible with their duties and
consistent with this order and applicable law. Free access also must be given
to any books, records, or documents in their custody relating to matters within
the scope of inquiry, study, or review of the Council, consistent with
applicable law.
(b) This order is not intended to abate a
proceeding commenced by, against, or before an officer or entity affected by
this order. A proceeding may be maintained by, against, or before the successor
of any officer or entity affected by this order.
(c) Nothing in this order should be construed to
change the organization of the executive branch of state government or the
assignment of functions among its units, in a manner requiring the force of
law.
(d) The 2020 United States Census Complete Count
Committee (“Committee”) must complete its work and submit a final report to the
governor by November 13, 2020. This report shall summarize the efforts of the
Committee and its conclusions, and shall suggest improvements for the Complete
Count Committee for Census 2030. The Committee is dissolved on December 13,
2020. This subsection supersedes subsection (b) of section 2 of Executive Order
2019-15.
(e) If any portion of this order is found to be
unenforceable, the rest of the order remains in effect.
This order is effective upon
filing.
Given under my hand and the Great
Seal of the State of Michigan.
Date: August 5, 2020
Time: 10:06 am
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the
Clerk.
The following message from the Governor
was received August 6, 2020 and read:
All,
EO 2020-158 sent to you on 7/28
contained a typo on line 11 (pg. 6) and incorrectly listed a date of “July 31,
2020” when it should have read “… set to expire between March 1, 2020 and
August 31, 2020.” The date has since been corrected and the correct version is
being filed today.
Kristina
Gierhart
Executive
Assistant
Office
of the Governor, State of Michigan
George
W. Romney Building
111
S. Capitol Avenue
Lansing,
Michigan 48909
Gierhartk1@michigan.gov
(517)
241-5630
The message was referred to the
Clerk.
Introduction of Bills
Reps. Filler, Warren and Kahle
introduced
House Bill No. 6036, entitled
A bill to amend 2010 PA 270, entitled “Property
assessed clean energy act,” (MCL 460.931 to 460.949) by amending the title, by
designating section 1 as part 1 and sections 3 to 19 as part 2, and by adding
part 3.
The bill was read a first time by its title
and referred to the Committee on Energy.
Reps. Warren, Filler, Huizenga and Kahle
introduced
House Bill No. 6037, entitled
A bill to authorize local units of government to adopt voluntary
property assessment programs and to create districts to enable owners of
noncommercial, nonindustrial real property to access financing for
environmental hazard, water usage improvement, energy efficiency improvement,
and renewable energy projects; to provide for the financing of the programs
through certain state funds, investments, and other means; to authorize local
units of government to issue bonds, notes, and other evidences of indebtedness;
to authorize local units of government to advance money made available from
certain state funds and other sources; to authorize certain fees; to prescribe
the powers and duties of certain governmental officers and entities; and to
provide for remedies.
The bill was read a first time by its title and referred to the
Committee on Energy.
Reps. Filler, Warren and Kahle introduced
House Bill No. 6038, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding section 5316a.
The bill was read a first time by its title
and referred to the Committee on Energy.
Reps. Warren, Filler, Huizenga and Kahle
introduced
House Bill No. 6039, entitled
A bill to amend 2010 PA 270, entitled “Property
assessed clean energy act,” by amending the title and sections 1, 3, 5, 7, 9,
11, 13, 15, 17, and 19 (MCL 460.931, 460.933, 460.935, 460.937, 460.939,
460.941, 460.943, 460.945, 460.947, and 460.949), sections 3 and 9 as amended
by 2017 PA 242, and by designating section 1 as part 1 and sections 3 to 19 as
part 2.
The bill was read a first time by its title
and referred to the Committee on Energy.
House Bill No. 6040, entitled
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” by amending section 405 (MCL 418.405), as
amended by 2014 PA 515.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
House Bill No. 6041, entitled
A bill to amend 1973 PA 139, entitled “An act
to provide forms of county government; to provide for county managers and
county executives and to prescribe their powers and duties; to abolish certain
departments, boards, commissions, and authorities; to provide for transfer of
certain powers and functions; to prescribe powers of a board of county
commissioners and elected officials; to provide organization of administrative
functions; to transfer property; to retain ordinances and laws not inconsistent
with this act; to provide methods for abolition of a unified form of county
government; and to prescribe penalties and provide remedies,” by amending
section 4 (MCL 45.554), as amended by 1980 PA 100.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 6042, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” by amending section 87 (MCL 400.87).
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 6043, entitled
A bill to amend 1899 PA 214, entitled “An act
to provide relief outside of the soldiers’ home for honorably discharged
indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries
and the indigent wives, widows and minor children of such indigent or deceased
soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to
repeal certain acts and parts of acts,” by amending the title and sections 1,
2, 3, 4, and 5 (MCL 35.21, 35.22, 35.23, 35.24, and 35.25), section 1 as
amended by 2016 PA 218 and section 2 as amended by 2016 PA 208, and by
adding sections 9 and 10; and to repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Military, Veterans and Homeland Security.
House Bill No. 6044, entitled
A bill to create a program to provide payments
to certain agricultural workers who work during a state of emergency; to
require the promulgation of rules; to create certain funds; to prohibit false
filing and prescribe penalties; and to provide for the powers and duties of
certain state officers and entities.
The bill was read a first time by its title
and referred to the Committee on Commerce and Tourism.
House Bill No. 6045, entitled
A bill to amend 1897 PA 180, entitled “An act
to provide for the issuance of marriage licenses and certificates without
publicity in certain cases; and to provide criminal and civil penalties for
violation of this act,” by amending section 1 (MCL 551.201), as amended by 1983
PA 199.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6046, entitled
A bill to amend 1939 PA 168, entitled “An act
to determine whether certain marriages solemnized in another state by
individuals authorized to solemnize marriages under the laws of that state are
to be recognized in this state,” by amending section 1 (MCL 551.271), as
amended by 1996 PA 334; and to repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6047, entitled
A bill to amend 1846 RS 83, entitled “Of
marriage and the solemnization thereof,” by amending sections 2, 3, 4, and
9 (MCL 551.2, 551.3, 551.4, and 551.9), sections 2, 3, and 4 as amended by 1996
PA 324; and to repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6048, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 27a (MCL 211.27a), as amended by
2016 PA 375.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Manoogian and Rabhi introduced
House Bill No. 6049, entitled
A bill to amend 1956 PA 40, entitled “The
drain code of 1956,” by amending sections 74 and 381 (MCL 280.74 and 280.381).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6050, entitled
A bill to amend 1909 PA 259, entitled “An act
to provide that judgments of divorce and judgments of separate maintenance
shall make provision in satisfaction of the claims of the wife in the property
of the husband and in satisfaction of the claims of the husband and wife in
contracts of insurance and annuity upon the life of the husband or wife, and in
satisfaction of claims of the husband and wife in or to any pension, annuity,
retirement allowance, or accumulated contributions in any pension, annuity, or
retirement system, including any rights or contingent rights in and to unvested
pension, annuity, or retirement benefits; and to change the tenure of lands
owned by husband and wife in case of divorce, and to provide for the
disposition or partition of such lands or the proceeds thereof,” by amending
sections 1 and 2 (MCL 552.101 and 552.102), section 1 as amended by 2016 PA
378.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6051, entitled
A bill to amend 1994 PA 203, entitled “Foster
care and adoption services act,” by amending section 4a (MCL 722.954a), as
amended by 2016 PA 190.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Anthony, Hoadley, Koleszar, Warren,
Hood, Sowerby and Rabhi introduced
House Bill No. 6052, entitled
A bill to amend 1885 PA 152, entitled “An act
to authorize the establishment of facilities for former members of the armed
forces of the United States in the state of Michigan; to create funds; and to
provide for the promulgation of rules,” by amending section 11 (MCL 36.11), as
amended by 2010 PA 341.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6053, entitled
A bill to amend 1964 PA 284, entitled “City
income tax act,” by amending section 41 (MCL 141.641), as amended by 1996 PA
478.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Warren, Hoadley, Brixie, Kennedy,
Koleszar, Hood, Sowerby and Rabhi introduced
House Bill No. 6054, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending section 36109 (MCL 324.36109),
as amended by 2016 PA 265.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6055, entitled
A bill to amend 1911 PA 235, entitled “An act
to provide for the payment and reimbursement by counties, in certain cases upon
application therefor, of expenses incurred in the burial of the bodies of
honorably discharged members of the armed forces of the United States, or their
spouses, and to repeal certain acts or parts of acts,” by amending sections 2
and 3 (MCL 35.802 and 35.803).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6056, entitled
A bill to amend 1976 PA 388, entitled “Michigan
campaign finance act,” by amending section 61 (MCL 169.261), as amended by 2007
PA 66.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6057, entitled
A bill to amend 1939 PA 21, entitled “Regulatory
loan act,” by amending section 17 (MCL 493.17), as amended by 2001 PA 270.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6058, entitled
A bill to amend 1846 RS 84, entitled “Of
divorce,” by amending sections 9f, 23, 27, 34, 36, and 37 (MCL 552.9f, 552.23,
552.27, 552.34, 552.36, and 552.37), section 23 as amended by 2009 PA 234,
section 27 as amended by 1998 PA 96, section 34 as amended by 1983 PA 211, and
section 36 as amended by 2001 PA 107.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Lasinski, Warren, Hood, Hoadley, Sowerby
and Rabhi introduced
House Bill No. 6059, entitled
A bill to amend 1917 PA 72, entitled “Uniform
partnership act,” by amending section 6 (MCL 449.6).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6060, entitled
A bill to amend 1981 PA 216, entitled “An act
to provide for the rights and liabilities of married women with respect to
certain real and personal property; to abrogate the common law disabilities of
married women with respect to certain contracts; to prescribe the payment and
satisfaction of judgments rendered upon certain written contracts; and to
repeal certain acts and parts of acts,” by amending sections 1, 4, 5, and 6 (MCL
557.21, 557.24, 557.25, and 557.26).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6061, entitled
A bill to amend 1969 PA 317, entitled “Worker’s
disability compensation act of 1969,” by amending sections 118, 335, and 353
(MCL 418.118, 418.335, and 418.353), section 335 as amended by 1994 PA 271 and
section 353 as amended by 2011 PA 266.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Ellison, Hoadley, Brixie, Kuppa, Hood,
Koleszar, Warren, Sowerby and Rabhi introduced
House Bill No. 6062, entitled
A bill to amend 1976 PA 225, entitled “An act
to defer the collection of special assessments on homestead properties; to
provide for conditions of eligibility for such a deferment; to prescribe the
powers and duties of the department of treasury, local assessing officers, and
local collecting officers; to provide for the advancement of moneys by the
state to indemnify special assessment districts for losses from deferment of
collections; to provide for the advancement of money by the state to an owner
for the repayment of loans used by the owner to pay special assessments; to
provide for the collection of deferred special assessments and interest
thereon, and the disposition of these collections; to make an appropriation;
and to prescribe penalties,” by amending sections 2 and 4 (MCL 211.762 and
211.764), as amended by 1980 PA 403.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Bolden, Hoadley, Brixie, Ellison, Tyrone
Carter, Warren, Hood, Sowerby and Rabhi introduced
House Bill No. 6063, entitled
A bill to amend 1975 PA 288, entitled “An act
to equalize income rights of husband and wife in real estate and other
property, held as tenants by the entirety,” by amending the title and section 1
(MCL 557.71).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6064, entitled
A bill to amend 2004 PA 46, entitled “Public
safety officers benefit act,” by amending section 2 (MCL 28.632), as amended by
2016 PA 284.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6065, entitled
A bill to amend 1947 PA 12, entitled “Veterans’
military pay act,” by amending sections 2, 4, 4a, and 5 (MCL 35.922, 35.924,
35.924a, and 35.925), section 2 as amended by 2016 PA 200.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Pohutsky, Hoadley, Brixie, Ellison,
Tyrone Carter, Warren, Sowerby and Rabhi introduced
House Bill No. 6066, entitled
A bill to amend 1887 PA 128, entitled “An act
establishing the minimum ages for contracting marriages; to require a civil
license in order to marry and its registration; to provide for the implementation
of federal law; and to provide a penalty for the violation of this act,” by
amending section 1 (MCL 551.101).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6067, entitled
A bill to amend 1925 PA 126, entitled “An act
to provide for the payment to the survivor of husband and wife, of land
contracts, and of notes and other obligations secured by a mortgage, given as
part of the purchase price of lands held as a tenancy by the entirety, and the
vesting of the title of the mortgage or land contract in the survivor,” by
amending the title and section 1 (MCL 557.81).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6068, entitled
A bill to amend 1965 PA 232, entitled “Agricultural
commodities marketing act,” by amending section 12 (MCL 290.662).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6069, entitled
A bill to amend 1929 PA 137, entitled “An act
to authorize the formation of corporations by summer resort owners; to
authorize the purchase, improvement, sale, and lease of lands; to authorize the
exercise of certain police powers over the lands owned by said corporation and
within its jurisdiction; to impose certain duties on the department of
commerce; and to provide penalties for the violation of by-laws established under
police powers,” by amending section 8 (MCL 455.208).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6070, entitled
A bill to amend 1993 PA 23, entitled “Michigan
limited liability company act,” by amending section 504 (MCL 450.4504), as
amended by 2002 PA 686.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6071, entitled
A bill to amend 1899 PA 214, entitled “An act
to provide relief outside of the soldiers’ home for honorably discharged
indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries
and the indigent wives, widows and minor children of such indigent or deceased
soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to
repeal certain acts and parts of acts,” by amending the title and section 1
(MCL 35.21), section 1 as amended by 2016 PA 218.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Hope, Hoadley, Brixie, Ellison, Tyrone
Carter, Warren, Hood, Sowerby and Rabhi introduced
House Bill No. 6072, entitled
A bill to amend 1899 PA 188, entitled “Michigan
estate tax act,” by amending section 21 (MCL 205.221), as amended by 1996 PA
54.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Clemente, Sneller, Hoadley, Sowerby,
Brixie, Koleszar, Hood, Warren and Rabhi introduced
House Bill No. 6073, entitled
A bill to amend 1905 PA 299, entitled “An act
to provide for changing and determining the names of divorced women,” by
amending the title and section 1 (MCL 552.391).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Stone and Rabhi introduced
House Bill No. 6074, entitled
A bill to amend 1937 PA 321, entitled “Uniform
veterans’ guardianship act,” by amending section 13 (MCL 35.83).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Sowerby, Hoadley, Brixie, Ellison, Tyrone
Carter, Warren, Hood and Rabhi introduced
House Bill No. 6075, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending sections 311, 504, and 522 (MCL 206.311, 206.504,
and 206.522), section 311 as amended by 2011 PA 38, section 504 as amended by
1993 PA 328, and section 522 as amended by 2015 PA 179.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6076, entitled
A bill to amend 1952 PA 8, entitled “Revised
uniform reciprocal enforcement of support act,” by amending sections 9a and 19
(MCL 780.159a and 780.169), section 9a as added and section 19 as amended by
1985 PA 172.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6077, entitled
A bill to amend 1927 PA 210, entitled “An act
to provide for the termination of tenancies by the entirety and the conveyance
of interests therein,” by amending section 1 (MCL 557.101).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6078, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” by amending sections 2207, 2209, 3110, and 3402 (MCL
500.2207, 500.2209, 500.3110, and 500.3402), section 3402 as amended by 2016 PA 276.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6079, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending sections 1410, 2005, 2162, 2807, 3344,
5451, 6023a, and 6131 (MCL 600.1410, 600.2005, 600.2162, 600.2807, 600.3344,
600.5451, 600.6023a, and 600.6131), section 2162 as amended by 2001 PA 11,
section 2807 as added by 2004 PA 136, section 5451 as amended by 2012 PA 451,
and section 6023a as added by 2004 PA 575.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6080, entitled
A bill to amend 1935 PA 85, entitled “An act
to abrogate the common law rule raising a presumption that a married woman
committing an offense does so under coercion because she commits it in the
presence of her husband,” by amending the title and section 1 (MCL 780.401), as
amended by 1990 PA 220.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6081, entitled
A bill to amend 1846 RS 1, entitled “Of the
statutes,” by amending section 45 (MCL 554.45).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Brixie, Hoadley, Ellison, Tyrone Carter,
Warren, Hood, Sowerby and Rabhi introduced
House Bill No. 6082, entitled
A bill to amend 1937 PA 329, entitled “An act
providing for compensation to certain peace officers injured in active duty,
and payment to surviving spouses and dependents in case of death arising from
active duty; and to make an appropriation therefor,” by amending section 2 (MCL
419.102), as amended by 1983 PA 210.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Brixie, Hoadley, Ellison, Tyrone Carter,
Warren, Hood, Sowerby and Rabhi introduced
House Bill No. 6083, entitled
A bill to amend 1942 (1st Ex Sess) PA 9,
entitled “An act providing for compensation to certain fire fighters injured in
the safeguarding of life and property, and payment to the surviving spouse and
dependents in case of death; and to make an appropriation therefor,” by
amending section 3 (MCL 419.203), as amended by 1983 PA 207.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Warren, Hoadley, Brixie, Kennedy,
Koleszar, Hood, Sowerby and Rabhi introduced
House Bill No. 6084, entitled
A bill to amend 1988 PA 199, entitled “Surrogate
parenting act,” by amending section 3 (MCL 722.853), as amended by 2014 PA 69.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Hope, Hoadley, Brixie, Ellison, Tyrone
Carter, Warren, Hood, Sowerby and Rabhi introduced
House Bill No. 6085, entitled
A bill to amend 1966 PA 134, entitled “An act
to impose a tax upon written instruments which transfer any interest in real
property; to provide for the administration of this act; and to provide
penalties for violations of this act,” by amending section 5 (MCL 207.505).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6086, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending sections 30, 90, 166, and 335 (MCL 750.30,
750.90, 750.166, and 750.335), section 335 as amended by 2002 PA 672.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6087, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 800 (MCL 330.1800), as amended by 1995 PA 290.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6088, entitled
A bill to amend 1994 PA 295, entitled “Sex
offenders registration act,” by amending section 2 (MCL 28.722), as amended by
2014 PA 328.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6089, entitled
A bill to amend 1941 PA 178, entitled “An act
defining the rights of cotenants, joint owners, tenants in common and
coparceners in lands; to provide for the development and operation of such
lands for oil and gas mining purposes; to grant jurisdiction to the circuit
court to authorize the exploration, development and operation of such lands for
oil and gas mining purposes; to determine and quiet the title to said lands and
to repeal all acts in conflict herewith,” by amending section 4 (MCL 319.104).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6090, entitled
A bill to amend 1970 PA 29, entitled “An act
relating to potatoes; to create a potato commission; to prescribe its powers
and duties and authority; to impose an assessment on the privilege of
introducing potatoes into the channels of trade and commerce; to provide for
the collection of the assessment; to provide for penalties; and to repeal
certain acts and parts of acts,” by amending section 8 (MCL 290.428), as
amended by 2013 PA 202.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6091, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” by amending section 32 (MCL 400.32), as amended by 1995 PA
223.
The bill was read a first time by its title and
referred to the Committee on Government Operations.
House Bill No. 6092, entitled
A bill to amend 1927 PA 212, entitled “An act
to provide for the joint ownership by husband and wife in joint tenancy of
certain classes of personal property with right of survivorship,” by amending
the title and section 1 (MCL 557.151).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6093, entitled
A bill to amend 2001 PA 195, entitled “Uniform
child-custody jurisdiction and enforcement act,” by amending section 309 (MCL
722.1309).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6094, entitled
A bill to amend 1911 PA 52, entitled “An act
to allow the bringing of “An action at law on a decree for alimony of a court
of another state and regulating the practice in such cases,” by amending
section 2 (MCL 552.122).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6095, entitled
A bill to amend 1861 PA 21, entitled “An act
to confirm deeds and instruments intended for the conveyance of real estate in
certain cases,” by amending section 2 (MCL 565.602).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6096, entitled
A bill to amend 1948 (1st Ex Sess) PA 39,
entitled “An act to repeal Act No. 317 of the Public Acts of 1947, entitled “An
act to provide for the creation of a community estate between husband and wife
in real and personal property as defined herein; to prescribe the effect of such
community estate; to define and prescribe certain rights and liabilities of
parties affected hereby; to eliminate curtesy and dower in such community
estate; to preserve the right of dower in the separate property of the husband,
and to repeal all acts and parts of acts inconsistent herewith,”“ by amending
sections 3 and 4 (MCL 557.253 and 557.254).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6097, entitled
A bill to amend 1998 PA 386, entitled “Estates
and protected individuals code,” by amending sections 2114 and 2806 (MCL
700.2114 and 700.2806), section 2114 as amended by 2012 PA 160.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6098, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 801 (MCL 436.1801), as
amended by 2019 PA 131.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 6099, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding section 5140.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 6100, entitled
A bill to amend 2016 PA 235, entitled “Public
threat alert system act,” by amending sections 2 and 3 (MCL 28.672 and 28.673).
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Byrd and Filler introduced
House Bill No. 6101, entitled
A bill to amend 1974 PA 154, entitled “Michigan
occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding
sections 85 and 85a.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Hoadley, Manoogian, Hope, Brixie,
Sowerby, Pohutsky, Bolden, Clemente, Koleszar, Lasinski, Kuppa, Tyrone Carter,
Hood, Wittenberg, Rabhi, Greig, Stone, Brenda Carter, Cynthia Neeley and Warren
introduced
House Joint Resolution T, entitled
A joint resolution proposing an amendment to
the state constitution of 1963, by amending section 1 of article X; and
repealing section 25 of article I, to remove gender limitations.
The joint resolution was read a first time by
its title and referred to the Committee on Government Operations.
Announcements by the Clerk
Received from the State 911
Committee (SNC) the Annual Report to the Michigan Legislature consistent with
Section 412 of P.A. 32 of 1986, as amended.
Gary
L. Randall
Clerk
of the House
The Clerk
declared the House adjourned until Wednesday, August 12, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of
Representatives