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
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
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.
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.
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.
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
“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
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.
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.
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.
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.
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.
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.
GARY L. RANDALL
Clerk of the House of
Representatives