No. 71

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

100th  Legislature

REGULAR  SESSION  OF  2020

 

 

 

 

House Chamber, Lansing, Thursday, September 10, 2020.

 

12:00 Noon.

 

The House was called to order by Associate Speaker Pro Tempore Lilly.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Afendoulis—present       Filler—present              Jones—present             Rabhi—present

Albert—present             Frederick—present        Kahle—present             Reilly—present

Alexander—present        Garrett—e/d/s               Kennedy—present        Rendon—present

Allor—present               Garza—excused            Koleszar—present         Sabo—present

Anthony—present          Gay-Dagnogo—present Kuppa—present            Schroeder—present

Bellino—present            Glenn—present             LaFave—present           Shannon—present

Berman—present           Green—present             LaGrand—present         Sheppard—present

Bolden—present            Greig—present             Lasinski—present         Slagh—present

Bollin—present              Griffin—present           Leutheuser—present     Sneller—present

Brann—present              Guerra—present           Liberati—present          Sowerby—present

Brixie—present              Haadsma—present        Lightner—present         Stone—present

Byrd—present               Hall—present               Lilly—present              Tate—present

Calley—present             Hammoud—present      Love—present              VanSingel—present

Cambensy—present        Hauck—present            Lower—present            VanWoerkom—present

Camilleri—present         Hernandez—present      Maddock—present        Vaupel—present

Carter, B.—present         Hertel—present            Manoogian—present     Wakeman—present

Carter, T.—present         Hoadley—present         Marino—excused          Warren—present

Chatfield—present         Hoitenga—present        Markkanen—present     Webber—present

Cherry—present             Hood—present             Meerman—present        Wendzel—present

Chirkun—present           Hope—present             Miller—present            Wentworth—present

Clemente—present         Hornberger—present     Mueller—present          Whiteford—present

Cole—present                Howell—present           Neeley, C.—present      Whitsett—present

Coleman—present          Huizenga—present        O’Malley—present       Wittenberg—present

Crawford—present         Iden—present               Pagan—present             Witwer—present

Eisen—present               Inman—present            Paquette—present         Wozniak—present

Elder—present               Johnson, C.—present     Peterson—present         Yancey—present

Ellison—present            Johnson, S.—present     Pohutsky—present        Yaroch—present

Farrington—present                                                                               

 

 

e/d/s = entered during session

Rep. Steven Johnson, from the 72nd District, offered the following invocation:

 

“Heavenly Father, today is the day You have made. We should rejoice and be glad in it.

We have so much to be thankful for, Lord. We thank You for the opportunity to live in this wonderful country. We thank You for the freedoms we can enjoy, Lord. We thank You for all that You have provided for us.

As we approach the anniversary of 9/11, Lord we thank You for those first responders, who are willing to put their lives on the line for us. Lord, we ask You to protect them and keep them safe. We ask You to look out for our military, our soldiers, airman, sailors, marines. Help keep them safe as they are around the world in dangerous parts, putting their lives on the line for us.

Lord, we thank You for the sergeants here. Keep them safe and protect them as they help us do our work.

Lord, thank You for Clerk Randall and the clerk’s staff; keep their minds sharp, give them perseverance to keep working with us.

Lord, most important I want to thank You for sending Your one and only son to die for our sins to give us salvation.

Lord, today help our work be honoring and glorifying to You, not our will be done, but Your will be done.

In Jesus name, Amen.”

 

 

______

 

 

Rep. Rabhi moved that Rep. Garza be excused from today’s session.

The motion prevailed.

 

Rep. Cole moved that Rep. Marino be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Schroeder, Allor, Calley, Clemente, Crawford, Gay-Dagnogo, Cynthia Johnson, Koleszar, Liberati, Pagan, Sneller, Warren, Wittenberg and Witwer offered the following resolution:

House Resolution No. 310.

A resolution to declare September 10, 2020, as Suicide Prevention Day in the state of Michigan.

Whereas, Suicide is the 10th leading cause of death in Michigan; and

Whereas, Suicide touches people of all ages and walks of life. The highest rates of suicide are among those aged 25 to 50, those rates peaking for those nearer to 50; and

Whereas, In this state, suicide is the second leading cause of death for 15- to 24-year-olds and a leading cause of death among those individuals enrolled in college; and

Whereas, In 2018, more than 1,500 people in Michigan died as a result of suicide; and

Whereas, Suicide’s impact in the nation and in our state is enormous, whether measured in numbers of deaths, attempts, economic and medical benefit costs, or the devastation to survivors. The cost per year has been estimated at over $90 billion nationally; and

Whereas, The causes of suicide are complex and multifaceted, involving psychological, biological, and sociological factors. Suicide is often the result of untreated mental illness, especially depressive illnesses. Research indicates that many suicides could have been prevented with immediate and appropriate intervention and treatment; and

Whereas, Suicide prevention opportunities continue to increase due to advances in clinical research pertaining to the diagnosis and effective treatment of mental illness, along with advances in neuroscience and in the development of community-based suicide prevention initiatives; and

Whereas, Much more can and must be done to reduce the stigma associated with seeking help for emotional or mental health problems or help for suicidal thoughts and behavior. Research demonstrates that increased public awareness of the warning signs of suicide and awareness of appropriate and effective intervention strategies would reduce suicide deaths; and

Whereas, Greater public consciousness of suicide as a major public health problem will help keep our citizens safe and healthy and is part of the greater efforts of the Michigan House of Representatives to raise awareness of mental health issues and prevent suicides; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 10, 2020, as Suicide Prevention Day in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Association of Community Mental Health Boards and mental health and suicide prevention advocates throughout the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Berman, Maddock, Wakeman, LaFave, Markkanen, Allor, Calley, Crawford, Rendon and Warren offered the following resolution:

House Resolution No. 311.

A resolution to declare September 11-17, 2020, as Patriot Week in the state of Michigan.

Whereas, We recognize that understanding American history and America’s first principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the attacks on September 11, 2001, we acknowledge that American citizens must take time to honor the first principles, founders, documents, and symbols of their history; and

Whereas, The events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American. This historical occasion is honored in public schools across the nation on September 17 of each year as Constitution Day; and

Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the first principles upon which America was founded and flourishes; and

Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Cesar Chavez, Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States; and

Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, Brown v. Board of Education, the Civil Rights Act of 1964, and the “I Have a Dream” speech are key documents that embody America’s first principles and have advanced American liberty; and

Whereas, The Bennington Flag, the original Betsy Ross American flag, the current American Flag, the Suffragist Flag, the Fort Sumter Flag, the Gadsden Flag, and the flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare September 11-17, 2020, as Patriot Week in the state of Michigan. We recognize that each generation needs to renew the spirit of America based on America’s first principles, historical figures, founding documents, and symbols of America. The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week by honoring and celebrating so that all may offer the reverence that is due to our free republic.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL 51.76.

 

Reps. Miller, Leutheuser and Coleman offered the following concurrent resolution:

House Concurrent Resolution No. 30.

A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.

Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides funding for county secondary road patrol services pursuant to an agreement with the Office of Criminal Justice, which, pursuant to Executive Order No. 1989 – 4, is now the Office of Highway Safety Planning within the Department of State Police. An agreement also provides a maintenance of law enforcement effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was due to cuts in general services due to economic conditions; and

Whereas, Section 76 of 1846 RS 14, MCL 51.76, permits road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and

Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides a formula for funding county secondary road patrol services. This formula permits road patrol services provided by county sheriff departments to cities and villages to be eligible for secondary road patrol funding as long as the city or village complies with the MCL 51.76 law enforcement maintenance of effort requirement, unless any reduction is recognized to be due to cuts in general services due to economic conditions; and

Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That, for Fiscal Year 2021, counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in Section 76 or 77 of 1846 RS 14; and be it further

Resolved, That counties, cities, and villages have met the necessary terms of their agreements for road patrol services and secondary road patrol funding as they relate to maintenance of effort.

The concurrent resolution was referred to the Committee on Appropriations.

 

 

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 302.

A resolution to declare September 24, 2020, as a Day of Prayer, Fasting, and Humiliation in the state of Michigan.

(For text of resolution, see House Journal No. 65, p. 1476.)

(The resolution was reported by the Committee on Government Operations on September 9.)

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Afendoulis, Allor, Bellino, Bollin, Brann, Byrd, Calley, Cambensy, Cole, Crawford, Eisen, Frederick, Green, Greig, Griffin, Hauck, Hoadley, Hoitenga, Huizenga, Cynthia Johnson, Jones, Kahle, Kennedy, LaFave, Leutheuser, Lightner, Lilly, Lower, Maddock, Markkanen, Meerman, Miller, Mueller, Cynthia Neeley, O’Malley, Paquette, Peterson, Rendon, Schroeder, Slagh, Sneller, VanSingel, Vaupel, Wakeman, Webber, Whiteford, Whitsett, Witwer, Wozniak, and Yancey were named co-sponsors of the resolution.

 

 

Third Reading of Bills

 

 

House Bill No. 5699, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 311 and 907 (MCL 257.311 and 257.907), section 311 as amended by 1983 PA 63 and section 907 as amended by 2015 PA 126.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 363                                   Yeas—106

 

 

Afendoulis                         Farrington                Kahle                                     Reilly

Albert                                Filler                        Kennedy                                Rendon

Alexander                          Frederick                 Koleszar                                Sabo

Allor                                 Gay-Dagnogo           Kuppa                                    Schroeder

Anthony                            Glenn                      LaFave                                   Shannon

Bellino                              Green                      LaGrand                                Sheppard

Berman                             Greig                       Lasinski                                 Slagh

Bolden                              Griffin                     Leutheuser                             Sneller

Bollin                                Guerra                     Liberati                                  Sowerby

Brann                                Haadsma                 Lightner                                 Stone

Brixie                                Hall                         Lilly                                       Tate

Byrd                                  Hammoud                Love                                      VanSingel

Calley                                Hauck                      Lower                                    VanWoerkom

Cambensy                         Hernandez               Maddock                                Vaupel

Camilleri                           Hertel                      Manoogian                             Wakeman

Carter, B.                           Hoadley                   Markkanen                             Warren

Carter, T.                           Hoitenga                  Meerman                               Webber

Chatfield                           Hood                       Miller                                     Wendzel

Cherry                               Hope                       Mueller                                  Wentworth

Chirkun                             Hornberger              Neeley, C.                              Whiteford

Clemente                           Howell                     O’Malley                               Whitsett

Cole                                  Huizenga                 Pagan                                     Wittenberg

Coleman                            Iden                         Paquette                                 Witwer

Crawford                           Inman                      Peterson                                 Wozniak

Eisen                                 Johnson, C.              Pohutsky                                Yancey

Elder                                 Johnson, S.              Rabhi                                     Yaroch

Ellison                              Jones                                                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Cole moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4483, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164c.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 364                                   Yeas—106

 

 

Afendoulis                         Farrington                Kahle                                     Reilly

Albert                                Filler                        Kennedy                                Rendon

Alexander                          Frederick                 Koleszar                                Sabo

Allor                                 Gay-Dagnogo           Kuppa                                    Schroeder

Anthony                            Glenn                      LaFave                                   Shannon

Bellino                              Green                      LaGrand                                Sheppard

Berman                             Greig                       Lasinski                                 Slagh

Bolden                              Griffin                     Leutheuser                             Sneller

Bollin                                Guerra                     Liberati                                  Sowerby

Brann                                Haadsma                 Lightner                                 Stone

Brixie                                Hall                         Lilly                                       Tate

Byrd                                  Hammoud                Love                                      VanSingel

Calley                                Hauck                      Lower                                    VanWoerkom

Cambensy                         Hernandez               Maddock                                Vaupel

Camilleri                           Hertel                      Manoogian                             Wakeman

Carter, B.                           Hoadley                   Markkanen                             Warren

Carter, T.                           Hoitenga                  Meerman                               Webber

Chatfield                           Hood                       Miller                                     Wendzel

Cherry                               Hope                       Mueller                                  Wentworth

Chirkun                             Hornberger              Neeley, C.                              Whiteford

Clemente                           Howell                     O’Malley                               Whitsett

Cole                                  Huizenga                 Pagan                                     Wittenberg

Coleman                            Iden                         Paquette                                 Witwer

Crawford                           Inman                      Peterson                                 Wozniak

Eisen                                 Johnson, C.              Pohutsky                                Yancey

Elder                                 Johnson, S.              Rabhi                                     Yaroch

Ellison                              Jones                                                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Cole moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4488, entitled

A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 7 (MCL 338.41, 338.42, 338.43, 338.44, 338.45, 338.46, and 338.47), section 2 as amended by 2014 PA 361.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 365                                   Yeas—106

 

 

Afendoulis                         Farrington                Kahle                                     Reilly

Albert                                Filler                        Kennedy                                Rendon

Alexander                          Frederick                 Koleszar                                Sabo

Allor                                 Gay-Dagnogo           Kuppa                                    Schroeder

Anthony                            Glenn                      LaFave                                   Shannon

Bellino                              Green                      LaGrand                                Sheppard

Berman                             Greig                       Lasinski                                 Slagh

Bolden                              Griffin                     Leutheuser                             Sneller

Bollin                                Guerra                     Liberati                                  Sowerby

Brann                                Haadsma                 Lightner                                 Stone

Brixie                                Hall                         Lilly                                       Tate

Byrd                                  Hammoud                Love                                      VanSingel

Calley                                Hauck                      Lower                                    VanWoerkom

Cambensy                         Hernandez               Maddock                                Vaupel

Camilleri                           Hertel                      Manoogian                             Wakeman

Carter, B.                           Hoadley                   Markkanen                             Warren

Carter, T.                           Hoitenga                  Meerman                               Webber

Chatfield                           Hood                       Miller                                     Wendzel

Cherry                               Hope                       Mueller                                  Wentworth

Chirkun                             Hornberger              Neeley, C.                              Whiteford

Clemente                           Howell                     O’Malley                               Whitsett

Cole                                  Huizenga                 Pagan                                     Wittenberg

Coleman                            Iden                         Paquette                                 Witwer

Crawford                           Inman                      Peterson                                 Wozniak

Eisen                                 Johnson, C.              Pohutsky                                Yancey

Elder                                 Johnson, S.              Rabhi                                     Yaroch

Ellison                              Jones                                                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

______

 

 

Rep. Garrett entered the House Chambers.

 

 

House Bill No. 4489, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 934 (MCL 600.934), as amended by 2004 PA 558.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 366                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4490, entitled

A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 105 (MCL 339.5105).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 367                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4491, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16104 and 21755 (MCL 333.16104 and 333.21755), section 16104 as amended by 2011 PA 210.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 368                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4492, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 104 (MCL 339.104), as amended by 2016 PA 412.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 369                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4493, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2014 PA 265.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 370                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 5085, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18817.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 371                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 5611, entitled

A bill to amend 1945 PA 200, entitled “An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,” by amending section 3 (MCL 565.103), as amended by 2018 PA 572.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 372                                   Yeas—107

 

 

Afendoulis                         Farrington                Jones                                     Reilly

Albert                                Filler                        Kahle                                     Rendon

Alexander                          Frederick                 Kennedy                                Sabo

Allor                                 Garrett                     Koleszar                                Schroeder

Anthony                            Gay-Dagnogo           Kuppa                                    Shannon

Bellino                              Glenn                      LaFave                                   Sheppard

Berman                             Green                      LaGrand                                Slagh

Bolden                              Greig                       Lasinski                                 Sneller

Bollin                                Griffin                     Leutheuser                             Sowerby

Brann                                Guerra                     Liberati                                  Stone

Brixie                                Haadsma                 Lightner                                 Tate

Byrd                                  Hall                         Lilly                                       VanSingel

Calley                                Hammoud                Love                                      VanWoerkom

Cambensy                         Hauck                      Lower                                    Vaupel

Camilleri                           Hernandez               Maddock                                Wakeman

Carter, B.                           Hertel                      Manoogian                             Warren

Carter, T.                           Hoadley                   Markkanen                             Webber

Chatfield                           Hoitenga                  Meerman                               Wendzel

Cherry                               Hood                       Miller                                     Wentworth

Chirkun                             Hope                       Mueller                                  Whiteford

Clemente                           Hornberger              Neeley, C.                              Whitsett

Cole                                  Howell                     O’Malley                               Wittenberg

Coleman                            Huizenga                 Pagan                                     Witwer

Crawford                           Iden                         Paquette                                 Wozniak

Eisen                                 Inman                      Peterson                                 Yancey

Elder                                 Johnson, C.              Pohutsky                                Yaroch

Ellison                              Johnson, S.              Rabhi                                    

 

 

                                                               Nays—0

 

 

In The Chair: Lilly

 

 

The House agreed to the title of the bill.

Rep. Webber moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

Second Reading of Bills

 

 

Senate Bill No. 432, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 74 (MCL 125.2074), as amended by 2006 PA 616.

The bill was read a second time.

Rep. Webber moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

______

 

 

Rep. Webber moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, September 9:

House Bill Nos.     6188   6189   6190   6191 6192

 

The Clerk announced that the following bills had been reproduced and made available electronically on Thursday, September 10:

Senate Bill Nos.    1095   1096   1097   1098  1099   1100   1101   1102   1103  1104   1105  1106

 

The Clerk announced that the following Senate bills had been received on Thursday, September 10:

Senate Bill Nos.      892   1066   1067   1068  1069   1070  1071

 

 

Reports of Standing Committees

 

 

The Committee on Regulatory Reform, by Rep. Webber, Chair, referred

House Bill No. 5902, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 3 (MCL 432.103), as amended by 2019 PA 159.

to the Committee on Ways and Means.

Favorable Roll Call

 

To Refer:

Yeas: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Cambensy, Jones and Cynthia Neeley

Nays: Rep. Liberati

The bill was referred to the Committee on Ways and Means.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Webber, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Thursday, September 10, 2020

Present: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Liberati, Cambensy, Jones and Cynthia Neeley

Absent: Rep. Garza

Excused: Rep. Garza

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, referred

House Bill No. 5204, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 226 (MCL 257.226), as amended by 2018 PA 342.

to the Committee on Ways and Means with the recommendation that the substitute (H-2) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon

Nays: None

The bill and substitute were referred to the Committee on Ways and Means.

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, referred

House Bill No. 5205, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as amended by 2013 PA 82.

to the Committee on Ways and Means with the recommendation that the substitute (H-1) be adopted.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon

Nays: None

The bill and substitute were referred to the Committee on Ways and Means.

 

 

The Committee on Transportation, by Rep. O’Malley, Chair, referred

House Bill No. 6192, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 306 and 321c (MCL 257.306 and 257.321c), as amended by 2020 PA 127.

to the Committee on Ways and Means.

Favorable Roll Call

 

To Refer:

Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon

Nays: None

The bill was referred to the Committee on Ways and Means.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. O’Malley, Chair, of the Committee on Transportation, was received and read:

Meeting held on: Thursday, September 10, 2020

Present: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Crawford, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Thursday, September 10, 2020

Present: Reps. Crawford, Rendon, Farrington, Wozniak, Garrett, Liberati, Brenda Carter and Cynthia Johnson

Absent: Rep. Hoitenga

Excused: Rep. Hoitenga

 

 

Messages from the Senate

 

 

House Bill No. 4965, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11h, 12, 14, and 15 (MCL 247.661h, 247.662, 247.664, and 247.665), section 11h as amended by 2018 PA 471, sections 12 and 14 as amended by 2015 PA 175, and section 15 as amended by 1999 PA 50.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4966, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 13 (MCL 247.663), as amended by 2015 PA 175.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4971, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 9a (MCL 247.659a), as amended by 2018 PA 325.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 892, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 33, 35a, 36, 605, 649, 657, 660, and 662 (MCL 257.33, 257.35a, 257.36, 257.605, 257.649, 257.657, 257.660, and 257.662), section 33 as amended by 2018 PA 391, sections 35a and 36 as amended by 2013 PA 231, section 605 as amended by 2011 PA 159, section 649 as amended by 2018 PA 109, sections 657 and 662 as amended by 2018 PA 204, and section 660 as amended by 2018 PA 394, and by adding sections 2c, 612a, and 657b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Transportation.

 

 

Senate Bill No. 1066, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29d (MCL 125.2029d), as amended by 2011 PA 291.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Senate Bill No. 1067, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 303a (MCL 436.1303a), as added by 2018 PA 155.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Senate Bill No. 1068, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11550 and 16908 (MCL 324.11550 and 324.16908), section 11550 as amended by 2018 PA 640 and section 16908 as amended by 2014 PA 543.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Senate Bill No. 1069, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 5b (MCL 28.725b), as amended by 2011 PA 17.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Senate Bill No. 1070, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2016 PA 280.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Senate Bill No. 1071, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2018 PA 473.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Messages from the Governor

 

 

The following message from the Governor was received September 9, 2020 and read:

 

EXECUTIVE ORDER

 

No. 2020-180

 

Amendment to the Safe Start order

 

The most recent version of the Safe Start order (Executive Order 2020-176) created a path for organized sports in Michigan to resume play, subject to COVID-19 safety precautions, including a requirement to wear a facial covering. This order clarifies that, in order to participate in organized sports, athletes must either wear a facial covering or consistently maintain six feet of social distance.

Acting under the Michigan Constitution of 1963 and Michigan law, I find it reasonable and necessary, for the reasons outlined above, to order:

        1.  Notwithstanding sections 2(b) and 2(d) of the Masks order (Executive Order 2020-153), section 13(c) of the Workplace Safeguards order (Executive Order 2020-175), or sections 2(a) and 6(a)(1) of the Safe Start order (Executive Order 2020-176), athletes training for, practicing for, or competing in an organized sport must wear a facial covering (except when swimming) or consistently maintain 6 feet of social distance (except for occasional and fleeting moments). For example, an athlete participating in a football, soccer, or volleyball game would not be able to consistently maintain 6 feet of distance, and therefore would need to wear a facial covering. Sports organizers must ensure that athletes comply with this section for each organized sporting event.

        2.  Section 7(b) of the Safe Start order (Executive Order 2020-176) is rescinded.

Given under my hand and the Great Seal of the State of Michigan.

Date:  September 9, 2020

Time: 6:15 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 September 10, 2020 and read:

 

(CORRECTED)

EXECUTIVE ORDER

 

No. 2020-175

 

Safeguards to protect Michigan’s workers from COVID-19

 

Rescission of Executive Order 2020-161

 

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, 2020-145, and 2020-161, 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 new safeguards for sports and exercise facilities.

 

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 August 21, 2020, the Court of Appeals ruled that the Governor’s declaration of a state of emergency, her extensions of the state of emergency, and her issuance of related EOs clearly fell within the scope of the Governor’s authority under the EPGA.

On August 7, 2020, I issued Executive Order 2020-165, 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 find it reasonable and necessary, for the reasons outlined above, to order:

        1.  Workplace safeguards for all businesses. 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)  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.  Outdoor work. 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.  Construction. 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 subsection (a) 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. 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 workstations 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 labs. 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, libraries, and museums. 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. 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 workstations 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. 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.  Health care. Outpatient health-care facilities, including clinics, primary care physician offices, dental offices, and 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. In-home services. 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. Personal-care services. 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. Public accommodations. 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. Sports and exercise facilities. Gymnasiums, fitness centers, recreation centers, exercise facilities, exercise studios, bowling alleys, roller rinks, ice rinks, and like facilities must:

             (a)  Use best efforts to provide opportunities for patrons to exercise outdoors.

             (b)  Maintain accurate records, including date and time of entry and exit, names of patrons, and contact information, to aid with contact tracing; and deny entry to any visitor who does not provide at a minimum their name and phone number.

             (c)  Mandate wearing of facial coverings at all times except when swimming.

             (d)  Limit capacity in the facility to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal.

             (e)  Configure workout stations or implement protocols to enable six feet of distance between individuals during exercise sessions.

             (f)   Reduce class sizes, as necessary, to enable at least six feet of separation between individuals, and comply with relevant restrictions on social gatherings and organized events in the Michigan Safe Start Order.

             (g)  Provide equipment-cleaning products throughout the facility for use on equipment.

             (h)  Make hand sanitizer, disinfecting wipes, soap and water, or similar disinfectant readily available.

             (i)   Regularly disinfect exercise equipment, including immediately after use. If patrons are expected to disinfect, post signs encouraging patrons to disinfect equipment.

             (j)   Ensure that ventilation systems operate properly.

             (k)  Increase introduction and circulation of outdoor air as much as possible by opening windows and doors, using fans, or other methods.

             (l)   Regularly clean and disinfect public areas, locker rooms, and restrooms.

             (m) Close steam rooms, saunas, jacuzzis, and cold plunge pools.

             (n)  Post signs outside of entrances instructing individuals not to enter if they are or have recently been sick.

        14. Pools. Swimming pools must:

             (a)  If they are outdoors, limit capacity to 50% of the bather capacity limits described in Rule 325.2193 of the Michigan Administrative Code;

             (b)  If they are indoors, limit capacity to 25% of the bather capacity limits described in Rule 325.2193 of the Michigan Administrative Code;

             (c)  Limit capacity on the pool deck to ensure that persons not part of the same household maintain six feet of distance from one another.

        15. Meat and poultry processing. 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.

        16. Casinos. 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.

        17. Racetracks. In addition to following any other applicable rules, including the gathering restrictions of the Safe Start order (Executive Order 2020-160 or any order that may follow from it), 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.

        18. Recordkeeping. Employers must maintain a record of the requirements set forth in subsections 1(c) (training), 1(f) (screening protocol), and 1(n) (required notifications).

        19. Effective date and effect on other orders. This order is effective immediately upon issuance. Executive Order 2020-161 is rescinded, except that nothing in this order shall be construed to affect any prosecution based on conduct that occurred before the effective date of this order. This order rescinds section 2(d) of Executive Order 2020-153, Masks. Except as otherwise specified, nothing in this order supersedes any other executive order.

        20. Non-exclusivity. Nothing in this order shall be taken to limit or affect any rights or remedies otherwise available under law.

        21. 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:  September 3, 2020

Time: 2:30 pm

                                         [SEAL]                                   GRETCHEN WHITMER

                                                                                       GOVERNOR

                                                                                       By the Governor:

                                                                                       JOCELYN BENSON

                                                                                       SECRETARY OF STATE

The message was referred to the clerk.

 

 

Explanation of “No” Votes

 

 

Rep. Clemente, having reserved the right to explain her nay vote pertaining to House Bill Nos. 5911-5913, made the following statement:

“Mr. Speaker and members of the House:

Since the beginning of this unprecedented COVID-19 pandemic, Michigan’s public school teachers and administrators have been asking the Legislature to work with them on a plan for the academic year that provides the guidance and flexibility necessary to keep students, parents and teachers safe. Unfortunately, the package before us today fell short of offering our schools the certainty and security they need during this crisis.

While no compromise is perfect, the benchmark testing and attendance requirements outlined in this legislation create additional challenges for students and teachers as they adjust to new instructional methods during an already extremely stressful time. Additionally, requiring school boards to reauthorize their extended learning plan every month places an additional burden on local school boards, administrators and teachers when their most important priority must be ensuring students receive the instructional support they deserve.

I voted no on HB 5911 – 5913 because this legislation creates high stakes testing, places an undue administrative burden when our students, teachers, administrators and parents must focus on our students’ safety and educational needs.”

 

Rep. Kuppa, having reserved the right to explain her nay vote pertaining to House Bill Nos. 5911-5913, made the following statement:

“Mr. Speaker and members of the House:

Since the beginning of this unprecedented COVID-19 pandemic, Michigan’s public school teachers and administrators have been asking the Legislature to work with them on a plan for the academic year that provides the guidance and flexibility necessary to keep students, parents and teachers safe. While the package before us today is much much better than what came to the chambers for a vote on July 22, it still fell short of offering our schools the certainty and security they need during this crisis.

While no compromise is perfect, the benchmark testing and attendance requirements outlined in this legislation create additional challenges for students, families and educators as they adjust to new instructional methods during an already extremely stressful time. Additionally, requiring school boards to reauthorize their extended learning plan every month creates additional strain and tension for local school boards, administrators, teachers and community members, when their most important priority must be ensuring students receive the instructional support they deserve.

I heard these concerns raised by constituents, educators and leaders across the district, and voted no on HB 5911 – 5913 because this legislation creates high stakes testing, places an undue administrative burden when our students, teachers, administrators and parents must focus on the safety and educational needs of our children.”

 

 

Introduction of Bills

 

 

Rep. O’Malley introduced

House Bill No. 6193, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2017 PA 217.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Rep. Brann introduced

House Bill No. 6194, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 706.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

 

 

Rep. Vaupel introduced

House Bill No. 6195, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16215, 16284, 18802, 18805, 18811, 18812, and 18814 (MCL 333.16215, 333.16284, 333.18802, 333.18805, 333.18811, 333.18812, and 333.18814), section 16215 as amended by 2019 PA 140, section 16284 as added by 2016 PA 359, section 18802 as amended by 2000 PA 22, section 18805 as amended by 1982 PA 353, section 18811 as amended by 2006 PA 406, and section 18812 as amended by 1982 PA 337, and by adding sections 18811a, 18817, 18819, and 18829.

The bill was read a first time by its title and referred to the Committee on Health Policy.

 

 

Rep. Sheppard introduced

House Bill No. 6196, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4gg.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Rep. Tate introduced

House Bill No. 6197, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4gg.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Rep. Huizenga introduced

House Bill No. 6198, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9h.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Reps. Elder, Kuppa, Love, Liberati, Cherry, Sabo, Garrett, Haadsma, Chirkun, Garza, Wittenberg, Pagan and Sowerby introduced

House Bill No. 6199, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 764a (MCL 168.764a), as amended by 2012 PA 128, and by adding section 761c.

The bill was read a first time by its title and referred to the Committee on Elections and Ethics.

Reps. Elder, Kuppa, Love, Liberati, Cherry, Sabo, Garrett, Haadsma, Chirkun, Garza, Wittenberg and Pagan introduced

House Bill No. 6200, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 767a.

The bill was read a first time by its title and referred to the Committee on Elections and Ethics.

 

 

______

 

 

Rep. Reilly moved that the House adjourn.

The motion prevailed, the time being 1:50 p.m.

 

Associate Speaker Pro Tempore Lilly declared the House adjourned until Tuesday, September 15, at 1:30 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives