STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, March 25, 2020
10:00 a.m.
Pursuant to
rule 1.101, in the absence of the Presiding Officers, the Senate was called to
order by the Secretary of the Senate.
Motions and Communications
The following communication was
received and read:
Office
of the Auditor General
March 18, 2020
Enclosed is a copy of the
following report:
• Performance
audit report on the Office of Land Survey and Remonumentation, Department of
Licensing and Regulatory Affairs (641-0991-19).
Sincerely,
Doug
Ringler
Auditor
General
The audit report was referred to
the Committee on Oversight.
Messages from the Governor
The
following messages from the Governor were received:
Date: March 17, 2020
Time: 1:32 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 253 (Public Act No. 63), being
An act to amend 1846 RS 81,
entitled “Of fraudulent conveyances and contracts, relative to goods, chattels,
and things in action,” by amending section 2 (MCL 566.132), as amended by 1992
PA 245.
(Filed with the Secretary of
State on March 17, 2020, at 1:56 p.m.)
Time: 1:34 p.m.
To the
President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 762 (Public Act No. 64), being
An
act to amend 1951 PA 33, entitled “An act to provide police and fire protection
for townships and for certain areas in townships, certain incorporated
villages, and certain cities; to authorize contracting for fire and police
protection; to authorize the purchase of fire and police equipment, and the
maintenance and operation of the equipment; to provide for defraying the cost
of the equipment; to authorize the creation of special assessment districts and
the levying and collecting of special assessments; to authorize the issuance of
special assessment bonds in anticipation of the collection of special
assessments and the advancement of the amount necessary to pay such bonds, and
to provide for reimbursement for such advances by reassessment if necessary; to
authorize the collection of fees for certain emergency services in townships
and other municipalities; to authorize the creation of administrative boards
and to prescribe their powers and duties; to provide for the appointment of
traffic officers and to prescribe their powers and duties; and to repeal acts
and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2004 PA
463.
(Filed
with the Secretary of State on March 17, 2020, at 1:58 p.m.)
Respectfully,
Gretchen
Whitmer
Governor
The following message from the Governor
was received on March 18, 2020, and read:
EXECUTIVE
ORDER
No.
2020-13
Temporary enhancements to operational
capacity
and efficiency of health care 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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act
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). Similarly,
the Emergency Powers of the Governor Act of 1945, 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).
To provide necessary protections
against the dangers to this state posed by the COVID-19 emergency, the state
must ensure that there is an adequate supply of health care providers and
facilities. To this end, it is reasonable and necessary to provide limited and
temporary relief from certain regulatory requirements to enhance the
operational capacity and efficiency of health care facilities.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Effective immediately and continuing through April 14, 2020 at
11:59 p.m., the Department of Health and Human Services (“DHHS”) may issue an
emergency certificate of need to an applicant and defer strict compliance with
the procedural requirements of section 22235 of the Public Health Code, 1978 PA
368, as amended, MCL 333.22235, until the termination of the state of emergency
under section 3 of Executive Order 2020-4.
2. Effective immediately and
continuing through April 14, 2020 at 11:59 p.m., the Department of Licensing
and Regulatory Affairs (“LARA”) may grant a waiver under section 21564 of the
Public Health Code, 1978 PA 368, as amended, MCL 333.21564, to any licensed
hospital in this state, regardless of number of beds or location, for the
purpose of providing care during the COVID-19 emergency, to construct, acquire,
or operate a temporary or mobile facility for any health care purpose,
regardless of where the facility is located.
3. Effective immediately and continuing through April 14, 2020 at
11:59 p.m., LARA may issue a temporary registration as a certified nurse aide
to an applicant, regardless of whether the applicant demonstrates to LARA that
they have successfully completed the examination requirements of sections 21911
and 21913 of the Public Health Code, 1978 PA 368, as amended, MCL 333.21911 and
MCL 333.21913. A temporary registration issued under this section shall be
valid for 28 days and may be renewed by LARA until the termination of the state
of emergency under section 3 of Executive Order 2020-4.
4. Effective immediately and continuing through April 14, 2020 at
11:59 p.m., LARA may renew a license to practice under Part 170, 172, 175, 177,
or 187 of the Public Health Code, 1978 PA 368, as amended, regardless of
whether the licensee has satisfied the continuing education requirement
applicable to their license.
5. Effective immediately and
continuing through April 14, 2020 at 11:59 p.m., LARA may recognize hours
worked responding to the COVID-19 emergency as hours toward continuing
education courses or programs required for licensure.
6. Effective immediately and continuing through April 14, 2020 at
11:59 p.m., LARA may allow a non‑nursing assistant such as an activity
coordinator, social worker, or volunteer to help feed or transport a patient or
resident in a manner consistent with the patient’s or resident’s care plan.
Given under my hand and the Great
Seal of the State of Michigan.
Date: March 17, 2020
Time: 5:59 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 19, 2020, and read:
EXECUTIVE
ORDER
No.
2020-14
Temporary extension of deadline to
redeem property for
nonpayment of delinquent property taxes
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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act
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). Similarly,
the Emergency Powers of the Governor Act of 1945, 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).
In response to COVID-19, some
county offices have closed or limited access to county buildings. As a result,
many county treasurers are unable to process redemption payments or enter into
payment plans with property owners to avoid foreclosure.
To mitigate the spread of
COVID-19, protect the public health, and provide essential protections to
vulnerable Michiganders, it is reasonable and necessary to temporarily suspend
rules and procedures so as to extend the deadline for redemption of property
foreclosed for nonpayment of delinquent property taxes.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Strict compliance with subsection (3) of section 78g of the General
Property Tax Act (“GPTA”), 1893 PA 206, as amended, MCL 211.78g(3), is
temporarily suspended. As a result, the deadline by which property forfeited to
a county treasurer must be redeemed is extended from March 31, 2020 until the
later of (a) May 29, 2020, or (b) 30 days after the termination of the
state of emergency under section 3 of Executive Order 2020-4.
2. A copy of this order will be transmitted to the State Court
Administrative Office. The State Court Administrative Office is encouraged to
urge judges of the circuit court to amend orders of foreclosure issued in 2020
under subsection (5) of section 78k of the GPTA, MCL 211.78k(5), in a manner
consistent with the deadline extension under section 1.
3. Unless rescinded earlier, this order is effective upon issuance
until the later of (a) May 29, 2020, or (b) the date 30 days after the
termination of the state of emergency under section 3 of Executive Order
2020-4.
Given under my hand and the Great
Seal of the State of Michigan.
Date: March 18, 2020
Time: 3:39 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 19, 2020, and read:
EXECUTIVE
ORDER
No.
2020-15
Temporary authorization of remote
participation in public meetings
and hearings and temporary relief from monthly meeting
requirements for school boards
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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act
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). Similarly,
the Emergency Powers of the Governor Act of 1945, 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).
To mitigate the spread of
COVID-19, protect the public health, and provide essential protections to
vulnerable Michiganders, it is crucial that all Michiganders take steps to
limit in-person contact. These critical mitigation measures include social
distancing and limiting the number of people interacting at public gatherings.
To that end, it is reasonable and
necessary to temporarily suspend rules and procedures relating to physical
presence at meetings and hearings of public bodies and other governmental
entities in Michigan. These public bodies and entities must continue to conduct
public business during this emergency, including actions to respond to
COVID-19, and the general public must be able to continue to participate in
government decision-making without unduly compromising public health, safety,
and welfare.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Effective immediately and continuing until April 15, 2020 at 11:59
p.m., to the extent that the Open Meetings Act, 1976 PA 267, as amended, MCL
15.261 to 15.272 (“OMA”) requires that a meeting of a public body be held in a
physical place available to the general public or requires the physical
presence of one or more members of a public body, strict compliance with
section 3 of the OMA, MCL 15.263, is temporarily suspended in order to
alleviate any such physical-place or physical-presence requirements, as
follows:
(a) A meeting of a public body may be held electronically, including by
telephonic conferencing or video conferencing, in a manner in which both the
general public and the members of the public body may participate by electronic
means.
(b) A meeting of a public body held electronically must be conducted in
a manner that permits two-way communication so that members of the public body
can hear and be heard by other members of the public body and so that general
public participants can hear members of the public body and can be heard by
members of the public body and other participants during a public comment
period. The public body also may use technology to facilitate typed public
comments that may be read to or shared with members of the public body and
other participants.
(c) Members of a public body and of the general public participating
electronically will be considered present and in attendance at the meeting and
may participate in the meeting as if physically present at the meeting.
(d) All persons must be permitted to participate in any meeting of a
public body held electronically, except as otherwise provided in the OMA.
(e) If a public body directly or indirectly maintains an official
internet presence, the public body must, consistent with and in addition to any
other applicable notice requirements under the OMA, post advance notice of a
meeting held electronically on a portion of the public body’s website that is
fully accessible to the public. The public notice on the website must be
included on either the homepage or on a separate webpage dedicated to public
notices for non-regularly scheduled public meetings or electronic meetings and
accessible through a prominent and conspicuous link on the website’s homepage
that clearly describes its purpose for public notification of those
non-regularly scheduled or electronic public meetings. Notice of a meeting of a
public body that will be held electronically must include all of the following:
(i) An explanation of the reason why the public body is meeting
electronically.
(ii) Detailed procedures by which the public may participate in the
meeting electronically, including a telephone number, internet address, or
both.
(iii) Procedures by which persons may contact members of the public
body to provide input or ask questions on any business that will come before
the public body at the meeting.
(iv) Procedures by which persons with disabilities may participate
in the meeting.
(f) The right of a person to participate in a meeting of a public body
held electronically includes the right to tape-record, to videotape, to
broadcast live on radio, and to telecast live on television the proceedings of
the public body at a public meeting. The exercise of this right does not depend
on the prior approval of the public body. However, a public body may establish
reasonable rules and regulations to minimize the possibility of disrupting the
meeting.
(g) A public body may not require a person as a condition of
participating in a meeting of the public body held electronically to register
or otherwise provide his or her name or other information or otherwise to
fulfill a condition precedent to attendance, other than mechanisms necessary to
permit the person to participate in a public comment period of the meeting.
(h) A person must be permitted to address a meeting of a public body
held electronically under rules established and recorded by the public body. A
person must not be excluded from a meeting held electronically otherwise open
to the public except for a breach of the peace actually committed during the
meeting.
(i) During a meeting of a public body held electronically, members of
the public body are urged to take all votes by roll call to avoid any questions
about how each member of the public body votes.
(j) If a public body holding a meeting electronically directly or
indirectly maintains an official internet presence, the public body is
encouraged to make available to the general public through the public body’s
website homepage an agenda and other materials relating to the meeting.
(k) Members of the general public otherwise participating in a meeting
of a public body held electronically may be excluded from participation in a
closed session of the public body held electronically during that meeting if
the closed session is convened and held in compliance with the requirements of
the OMA applicable to a closed session.
2. A public body holding a meeting electronically as provided under
this order is encouraged to do so in a manner that effectuates as fully as
possible the purposes of the OMA, which include promoting government
accountability and fostering openness in government to enhance responsible
decision-making. Discussions or deliberations at an open meeting that cannot at
a minimum be heard by the general public participating in the meeting are
contrary to these purposes. Accordingly, members of a public body must avoid
using email, texting, instant messaging, and other such electronic forms of
communication to make a decision or deliberate toward a decision, and must
avoid “round-the-horn” decision-making in a manner not accessible to the public
at an open meeting.
3. If a decision or other action of a public body is in compliance
with the requirements of this order and the other requirements of the OMA, it
is in compliance with the OMA.
4. Effective immediately and continuing until April 15, 2020 at 11:59
p.m., if a statute or rule other than the OMA requires that public comments be
permitted or a public hearing be held, including in conjunction with the
issuance of a permit or a hearing required under the Uniform Budgeting and
Accounting Act, 1968 PA 2, as amended, MCL 141.421 to 141.440a, a public body
or department or agency may provide a means for remote public comment or
participation through the use of any technology that would facilitate a member
of the general public’s ability to participate remotely to the same extent as
if the member of the general public appeared in person. If not expressly
authorized by statute or rule, written comment, including by electronic means,
also is permitted.
5. Effective immediately and continuing until April 15, 2020 at 11:59
p.m., strict compliance with subsection 6 of section 11a, subsection 7 of
section 384, and subsection 1 of section 418a of the Revised School Code, 1976
PA 451, as amended, MCL 380.11a(6), MCL 380.384(7), and MCL 380.418a(1), is
temporarily suspended so as not to require school district boards to hold meetings
at least once each month.
6. Nothing in this order permits a public body to limit or restrict
the rights of the press or other news media. Members of public bodies are
encouraged to facilitate access by members of the press and other news media both
to meetings held electronically and to members of public bodies.
7. As used in this order, the terms “decision,” “meeting,” and “public
body” mean those terms as defined under section 2 of the OMA, MCL 15.262,
except this order does not apply to state legislative bodies.
8. A provision of this order will prevail over any conflicting
provision of a local charter, ordinance, or rule.
9. This order supersedes sections 2 and 3 of Executive Directive
2020-2.
Given under my hand and the Great
Seal of the State of Michigan.
Date: March 18, 2020
Time: 4:46 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 19, 2020, and read:
EXECUTIVE
ORDER
No.
2020-16
Expanding child care access during the
COVID-19 emergency
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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act
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). Similarly,
the Emergency Powers of the Governor Act of 1945 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).
To respond effectively to the
urgent and steep demands created by this emergency, providers of health care,
emergency medical services, law enforcement, and other essential services
require child care services for their children, particularly when schools are
closed. The general public needs expanded access to child care during this
emergency as well. Meeting this critical need requires swiftly but safely
expanding access to child care services. To that end, it is reasonable and
necessary to provide temporary and limited relief from certain regulatory
restrictions regarding child care services, and to facilitate the use of
certain property for those services.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Effective immediately and continuing through April 15, 2020 at
11:59 p.m., strict compliance with section 7a of the Child Care Organizations
Act, 1973 PA 116, as amended, MCL 722.117a, is suspended as follows:
(a) A provisional license may be issued without submission to the
Department of Licensing and Regulatory Affairs (“LARA”) of an acceptable plan
to overcome the deficiency present in the child care organization within the
time limitations of the provisional licensing period.
(b) A provisional license may be issued with an expiration date no
earlier than one month after the date of issuance and no later than six months
after the date of issuance, and may be renewed at the discretion of LARA until
the termination of the state of emergency under section 3 of Executive Order
2020-4.
2. Effective immediately and continuing through April 15, 2020 at
11:59 p.m., strict compliance with subsection (2) of section 5m of the Child
Care Organizations Act, 1973 PA 116, as amended, MCL 722.115m(2), is suspended,
as follows:
(a) An employer may establish and maintain a disaster relief child care
center without a license from LARA.
(b) A school district or a nonpublic school may establish and maintain a
disaster relief child care center in a school building without a license from
LARA.
3. LARA must issue rules and/or orders governing disaster relief child
care centers.
(a) A disaster relief child care center must comply with the
requirements imposed by any LARA rules and orders governing disaster relief
child care centers.
(b) Such rules and/or orders must, at a minimum, require that disaster
relief child care centers follow the safe sleep guidelines, including
appropriate sleeping equipment for children under 12 months of age; follow
applicable guidelines for diapering, handwashing, and sanitizing; provide
porta-cribs, cots, or mats for children older than twelve months to sleep or
rest; and solicit information about, and communicate with parents and guardians
regarding, a child’s medicine, allergies, including food allergies; and other
special needs.
4. Effective immediately and continuing through April 15, 2020 at
11:59 p.m., disaster relief child care centers may operate in any school
facilities operated by a school district or nonpublic school that are closed
and are approved for student use. Early childhood staff, student teachers,
teachers, and individuals who provide before and after care may provide child
care in these settings. The Michigan Department of Education (“MDE”) is
authorized to credit the hours that student teachers work toward teacher
preparation graduation requirements and MDE licensure requirements.
5. Effective immediately and continuing through April 15, 2020 at
11:59 p.m., Rule 400.8110(5) of the Michigan Administrative Code is suspended
for disaster relief child care centers. Notice of any change in capacity and
age groups must be provided to LARA.
6. A disaster relief child care center operated by a school district
in accordance with section 2(b) of this order, including its employees, is
designated as a disaster relief force under subsection (f) of section 2 of the
Emergency Management Act, 1976 PA 390, as amended (“EMA”), MCL 30.402(f), and
is entitled to the immunities set forth in subsections (1) through (3) of
section 11 of the EMA, MCL 30.411(1)-(3).
7. Disaster relief child care centers operated by school districts
constitute a pilot program under the Public Employment Relations Act, 1947 PA
336, MCL 423.201 et seq., and they
have authority to charge for reasonable and customary services.
8. School districts and nonpublic schools should first identify
employees who voluntarily elect to become a disaster relief child care center
participant before reassigning other employees to work in these centers, to the
extent authorized under applicable contracts and laws. School districts and
nonpublic schools may not require an employee to work in a disaster relief
child care center if the employee: has a confirmed diagnosis of COVID-19; is
displaying the symptoms of COVID-19; is 60 years or older; has an underlying
condition that places the employee at an elevated risk of serious illness from
COVID-19; or has been in contact with someone with a confirmed diagnosis of
COVID-19 in the last 14 days.
9. A disaster relief child care center must perform a health
evaluation of all individuals who enter the center each time the individual
seeks to enter the center, and must deny entry to those individuals who do not
meet the evaluation criteria. The evaluation criteria must include: symptoms of
a respiratory infection, such as fever, cough, shortness of breath, or sore
throat; and contact in the last 14 days with someone with a confirmed diagnosis
of COVID-19.
10. For purposes of this order:
(a) “Disaster relief child care center” means a child center offering
child care pursuant to this order. A disaster relief child care center must
give priority for its services to the essential workforce, but may also provide
child care services to the general public as space and governing rules and/or
orders permit.
(b) “Essential workforce” includes health care workers, home health
workers, direct care workers, emergency medical service providers, first
responders, law enforcement personnel, sanitation workers, child care workers
(including any employees acting as child care workers in essential workforce
child care centers), personnel providing correctional services, postal workers,
public health employees, key government employees, court personnel, and others
providing critical infrastructure to Michiganders.
(c) “Critical infrastructure” includes utilities, manufacturing, mass
transit, and groceries or other essential supplies, goods, or equipment.
(d) “Key government employees” includes child protective services
workers, child welfare workers, foster care workers including those from
contracted agencies, recipient rights workers, employees of the Executive
Office of the governor, cabinet officers and their designees, Department of
Health and Human Services field office staff, Unemployment Insurance Agency
employees, and other employees identified by the Department of Technology,
Management, and Budget.
11. 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: March 18, 2020
Time: 9:27 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 20, 2020, and read:
EXECUTIVE
ORDER
No.
2020-17
Temporary restrictions on non-essential
medical and dental procedures
The novel coronavirus (COVID-19) is a
respiratory disease that can result in serious illness or death. It is caused
by a new strain of coronavirus not previously identified in humans and easily
spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act 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). Similarly, the
Emergency Powers of the Governor Act of 1945 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).
To mitigate the spread of COVID-19,
protect the public health, provide essential protections to vulnerable Michiganders,
and ensure the availability of health care resources, it is reasonable and
necessary to impose temporary restrictions on non-essential medical and dental
procedures.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Beginning
as soon as possible but no later than March 21, 2020 at 5:00 p.m., and
continuing while the state of emergency declared in Executive 2020-4 is in
effect, all hospitals, freestanding surgical outpatient facilities, and dental
facilities, and all state-operated outpatient facilities (collectively, “covered
facilities”), must implement a plan to temporarily postpone, until the
termination of the state of emergency under section 3 of Executive Order
2020-4, all non-essential procedures (“non-essential procedure postponement
plan” or “plan”). For purposes of this order, “non-essential procedure” means a
medical or dental procedure that is not necessary to address a medical
emergency or to preserve the health and safety of a patient, as determined by a
licensed medical provider.
2. A
plan for a covered facility that performs medical procedures, including any
medical center or office that performs elective surgery or cosmetic plastic
surgery, must postpone, at a minimum, joint replacement, bariatric surgery, and
cosmetic surgery, except for emergency or trauma-related surgery where
postponement would significantly impact the health, safety, and welfare of the
patient. A plan for a covered facility that performs medical procedures should
exclude from postponement: surgeries related to advanced cardiovascular disease
(including coronary artery disease, heart failure, and arrhythmias) that would
prolong life; oncological testing, treatment, and related procedures;
pregnancy-related visits and procedures; labor and delivery; organ
transplantation; and procedures related to dialysis. A plan for a covered facility
that performs medical procedures must exclude from postponement emergency or
trauma-related procedures where postponement would significantly impact the
health, safety, and welfare of the patient.
3. A
plan for a covered facility that performs dental procedures must postpone, at a
minimum: any cosmetic or aesthetic procedures (such as veneers, teeth
bleaching, or cosmetic bonding); any routine hygiene appointments; any
orthodontic procedures that do not relieve pain or infection, do not restore oral
function, or are not trauma-related; initiation of any crowns, bridges, or
dentures that do not relieve pain or infection, do not restore oral function,
or are not trauma-related; any periodontal plastic surgery; any extractions of
asymptomatic non-carious teeth; and any recall visits for periodontally healthy
patients. If a covered facility that performs dental procedures chooses to
remain open, its plan must exclude from postponement emergency or
trauma-related procedures where postponement would significantly impact the
health, safety, and welfare of the patient.
4. A
covered facility must comply with the restrictions contained in its
non-essential procedure postponement plan.
5. This
order does not alter any of the obligations under law of an affected health
care facility to its employees or to the employees of another employer.
6. The
director of the Department of Licensing and Regulatory Affairs shall issue
orders or directives pursuant to law as necessary to enforce this order.
7. 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: March 20, 2020
Time: 12:28 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 23, 2020, and read:
EXECUTIVE
ORDER
No.
2020-18
Enhanced restrictions on price gouging
Rescission of Executive Order 2020-8
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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act 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). Similarly, the
Emergency Powers of the Governor Act of 1945 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).
Since the onset of this emergency, it
has become apparent that some businesses and individuals are selling face
masks, hand sanitizers, cleaning supplies, paper products, and other products
that people might seek to purchase due to the threat of COVID-19 at
unjustified, exceptionally high prices. To prevent such price gouging and help
all Michiganders access necessary products during the COVID-19 emergency, it is
reasonable and necessary to temporarily impose enhanced restrictions on the
excessive pricing of goods, materials, emergency supplies, and consumer food
items.
Executive Order 2020-8 imposed such
enhanced restrictions. With this order, Executive Order 2020-8 is rescinded.
This order imposes substantially similar restrictions, with certain adjustments
made to their scope.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Effective
immediately and continuing until April 17, 2020 at 11:59 p.m., if a person has
acquired any product from a retailer, the person must not resell that product in
this state at a price that is grossly in excess of the purchase price at which
the person acquired the product.
2. Effective immediately and continuing until April
17, 2020 at 11:59 p.m., a person must not offer for sale or sell any
product in this state at a price that is more than 20% higher than what the
person offered or charged for that product as of March 9, 2020, unless the
person demonstrates that the price increase is attributable to an increase in
the cost of bringing the product to market or to an extraordinary discount in
effect as of March 9, 2020.
3. For
purposes of this order:
a. “Person”
means an individual, business, or other legal entity.
b. “Product”
means any good, material, or consumer food item with a fair market value of
less than $1,000.00, or any emergency supply.
4. This
order does not limit or impair the ability of the attorney general to
investigate, determine, or impose liability under the Michigan consumer
protection act, 1976 PA 331, as amended, MCL 445.901-.922, or any other law of
this state.
5. Consistent
with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a
misdemeanor.
6. Executive
Order 2020-8 is rescinded.
Given under my hand and the Great Seal
of the State of Michigan.
Date: March 20, 2020
Time: 3:37 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 23, 2020, and read:
EXECUTIVE
ORDER
No.
2020-19
Temporary prohibition against entry to
premises for the purpose of
removing or excluding a tenant or mobile home owner from their home
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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act 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). Similarly, the
Emergency Powers of the Governor Act of 1945 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).
The current state of emergency would be
exacerbated by the additional threats to the public health related to removing
or excluding people from their residences during the COVID-19 pandemic. To
reduce the spread of COVID-19, protect the public health, and provide essential
protections to vulnerable Michiganders, it is reasonable and necessary to
provide temporary relief from certain eviction-related requirements and to
temporarily prohibit the removal or exclusion of a tenant or mobile home owner
from their residential premises, except in extreme circumstances.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, no person shall remove or exclude from leased residential
premises or residential premises held under a forfeited executory contract a
tenant, a vendee of a forfeited executory contract, or a person holding under a
tenant or vendee, except when the tenant, vendee, or person holding under them
poses a substantial risk to another person or an imminent and severe risk to
property. This order should be broadly construed to effectuate that purpose.
This section is effective immediately and continues until April 17, 2020 at 11:59
p.m.
2. Nothing
in this order is intended to abrogate the judicial power, which is vested
exclusively in this state’s one court of justice by section 1 of article 6 of
the Michigan Constitution of 1963. This order does not affect the inherent
power of a judge to order equitable relief.
3. Nothing
in this order shall be construed to abrogate the obligation to pay or right to
receive payment due under a lease, nor the obligations and duties prescribed by
sections 5716 and 5718 of the Revised Judicature Act (“RJA”), MCL 600.5716 and
600.5718. Effective immediately and continuing until April 17, 2020 at 11:59
p.m., demand for payment may not be served by personal delivery.
4. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, no person may enter residential property in order to remove
or exclude from the premises a tenant, a vendee of a forfeited executory
contract, a person holding under a tenant or vendee, or the personal property
of a tenant, vendee, or person holding under them, including pursuant to a writ
authorizing restoration of a plaintiff to full, peaceful possession of premises
under section 5744 of the RJA, MCL 600.5744, except when the tenant, vendee, or
person holding under them poses a substantial risk to another person or an
imminent and severe risk to property. This section is effective immediately and
continues until April 17, 2020 at 11:59 p.m.
5. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, a sheriff, under-sheriff or constable, deputy, or other
officer must not serve process requiring forfeiture of leased residential
premises or residential premises held under a forfeited executory contract. Any
requirements to that effect imposed by the RJA are suspended. This section is
effective immediately and continues until April 17, 2020 at 11:59 p.m.
6. Due
to the protection that a residential home provides from the COVID-19 pandemic,
and the need to contain self-quarantined and self-isolated individuals within a
residential home, no person may deny a mobile home owner access to their mobile
home, except when the mobile home owner’s tenancy has been terminated because
the mobile home owner poses a substantial risk to another person or an imminent
and severe risk to property. This section is effective immediately and
continues until April 17, 2020 at 11:59 p.m.
7. Until
thirty (30) days after the restrictions on eviction provided by sections 1
through 6 expire, any statutory limits on the court of this state to adjourn
any proceedings, toll any redemption periods or limitations periods, or extend
any deadlines are suspended.
8. As
used in this order, all terms have the meaning provided by the Revised
Judicature Act of 1961, 1961 PA 236, as amended.
9. Consistent
with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a
misdemeanor.
10. A
copy of this order will be transmitted to the State Court Administrative
Office.
Given under my hand and the Great Seal
of the State of Michigan.
Date: March 20, 2020
Time: 4:09 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 23, 2020, and read:
EXECUTIVE
ORDER
No.
2020-20
Temporary
restrictions on the use of places of public accommodation
Rescission
of Executive Order 2020-9
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 Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act 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). Similarly, the
Emergency Powers of the Governor Act of 1945, 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).
To mitigate the spread of COVID-19,
protect the public health, and provide essential protections to vulnerable
Michiganders, it is reasonable and necessary to impose limited and temporary
restrictions on the use of places of public accommodation.
Executive Order 2020-9 imposed such
restrictions. This order changes those restrictions by clarifying their
application to facilities offering non-essential personal care services. When
the restrictions in this order take effect, Executive Order 2020-9 is
rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Beginning
as soon as possible but no later than March 22, 2020 at 9:00 a.m., and
continuing until April 13, 2020 at 11:59 p.m., the following places of
public accommodation are closed to ingress, egress, use, and occupancy by
members of the public:
(a) Restaurants,
food courts, cafes, coffeehouses, and other places of public accommodation
offering food or beverage for on-premises consumption;
(b) Bars,
taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting
rooms, special licensees, clubs, and other places of public accommodation
offering alcoholic beverages for on-premises consumption;
(c) Hookah
bars, cigar bars, and vaping lounges offering their products for on-premises
consumption;
(d) Theaters,
cinemas, and indoor and outdoor performance venues;
(e) Libraries
and museums;
(f) Gymnasiums,
fitness centers, recreation centers, indoor sports facilities, indoor exercise
facilities, exercise studios, and facilities offering non-essential personal
care services;
(g) Casinos
licensed by the Michigan Gaming Control Board, racetracks licensed by the
Michigan Gaming Control Board, and Millionaire Parties licensed by the Michigan
Gaming Control Board; and
(h) Places
of public amusement not otherwise listed above.
Places of public accommodation subject
to this section are encouraged to offer food and beverage using delivery
service, window service, walk-up service, drive-through service, or drive-up
service, and to use precautions in doing so to mitigate the potential
transmission of COVID-19, including social distancing. In offering food or
beverage, a place of public accommodation subject to this section may permit up
to five members of the public at one time in the place of public accommodation
for the purpose of picking up their food or beverage orders, so long as those
individuals are at least six feet apart from one another while on premises.
This section does not prohibit an employee,
contractor, vendor, or supplier of a place of public accommodation from
entering, exiting, using, or occupying that place of public accommodation in
their professional capacity.
2. The
restrictions imposed by this order do not apply to any of the following:
(a) Places
of public accommodation that offer food and beverage not for on-premises
consumption, including grocery stores, markets, convenience stores, pharmacies,
drug stores, and food pantries, other than those portions of the place of
public accommodation subject to the requirements of section 1;
(b) Health
care facilities, residential care facilities, congregate care facilities, and
juvenile justice facilities;
(c) Crisis
shelters or similar institutions; and
(d) Food
courts inside the secured zones of airports.
3. For
purposes of this order:
(a) “Non-essential
personal care services” includes but is not limited to hair, nail, tanning,
massage, traditional spa, tattoo, body art, and piercing services, and similar
personal care services that require individuals to be within six feet of each
other. This does not include services necessary for medical treatment as
determined by a licensed medical provider.
(b) “Place
of public accommodation” means a business, or an educational, refreshment, entertainment,
or recreation facility, or an institution of any kind, whether licensed or not,
whose goods, services, facilities, privileges, advantages, or accommodations
are extended, offered, sold, or otherwise made available to the public. Place
of public accommodation also includes the facilities of private clubs,
including country clubs, golf clubs, boating or yachting clubs, sports or
athletic clubs, and dining clubs.
(c) “Place
of public amusement” means a place of public accommodation that offers indoor
services or facilities, or outdoor services or facilities involving close
contact of persons, for amusement or other recreational or entertainment
purposes. A place of public amusement includes an amusement park, arcade, bingo
hall, bowling alley, indoor climbing facility, skating rink, trampoline park,
and other similar recreational or entertainment facilities.
4. The
director of the Department of Health and Human Services, the Michigan Liquor
Control Commission, and the executive director of the Michigan Gaming Control
Board must issue orders and directives and take other actions pursuant to law
as necessary to implement this order.
5. This
order does not alter any of the obligations under law of an employer affected
by this order to its employees or to the employees of another employer.
6. Consistent
with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a
misdemeanor.
7. On
March 22, 2020 at 9:00 a.m., Executive Order 2020-9 is rescinded.
Given under my hand and the Great Seal
of the State of Michigan.
Date: March
21, 2020
Time: 4:14 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on March 23, 2020, and read:
EXECUTIVE
ORDER
No.
2020-21
Temporary
requirement to suspend activities that
are
not necessary to sustain or protect life
The novel coronavirus (COVID-19) is a
respiratory disease that can result in serious illness or death. It is caused
by a new strain of coronavirus not previously identified in humans and easily
spread from person to person. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. There is
currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the Michigan
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, MCL 30.401‑.421,
and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended,
MCL 10.31-.33.
The Emergency Management Act 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). Similarly, the
Emergency Powers of the Governor Act of 1945, 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).
To suppress the spread of COVID-19, to
prevent the state’s health care system from being overwhelmed, to allow time
for the production of critical test kits, ventilators, and personal protective
equipment, and to avoid needless deaths, it is reasonable and necessary to
direct residents to remain at home or in their place of residence to the
maximum extent feasible.
This order takes
effect on March 24, 2020 at 12:01 a.m., and continues through April 13, 2020 at
11:59 p.m.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. This
order must be construed broadly to prohibit in-person work that is not
necessary to sustain or protect life.
2. Subject
to the exceptions in section 7, all individuals currently living within the
State of Michigan are ordered to stay at home or at their place of residence.
Subject to the same exceptions, all public and private gatherings of any number
of people occurring among persons not part of a single household are
prohibited.
3. All
individuals who leave their home or place of residence must adhere to social
distancing measures recommended by the Centers for Disease Control and
Prevention, including remaining at least six feet from people from outside the
individual’s household to the extent feasible under the circumstances.
4. No
person or entity shall operate a business or conduct operations that require
workers to leave their homes or places of residence except to the extent that
those workers are necessary to sustain or protect life or to conduct minimum
basic operations.
(a) For
purposes of this order, workers who are necessary to sustain or protect life
are defined as “critical infrastructure workers,” as described in sections 8
and 9.
(b) For
purposes of this order, workers who are necessary to conduct minimum basic
operations are those whose in-person presence is strictly necessary to allow
the business or operation to maintain the value of inventory and equipment,
care for animals, ensure security, process transactions (including payroll and
employee benefits), or facilitate the ability of other workers to work
remotely.
Businesses and operations must
determine which of their workers are necessary to conduct minimum basic
operations and inform such workers of that designation. Businesses and
operations must make such designations in writing, whether by electronic
message, public website, or other appropriate means. Such designations,
however, may be made orally until March 31, 2020 at 11:59 p.m.
5. Businesses
and operations that employ critical infrastructure workers may continue
in-person operations, subject to the following conditions:
(a) Consistent
with sections 8 and 9, businesses and operations must determine which of their
workers are critical infrastructure workers and inform such workers of that
designation. Businesses and operations must make such designations in writing,
whether by electronic message, public website, or other appropriate means. Such
designations, however, may be made orally until March 31, 2020 at 11:59 p.m.
Businesses and operations need not designate:
(1) Workers in health care and public health.
(2) Workers who perform necessary government activities, as described in
section 6.
(3) Workers and volunteers described in section 9(d).
(b) In-person
activities that are not necessary to sustain or protect life must be suspended
until normal operations resume.
(c) Businesses
and operations maintaining in-person activities must adopt social distancing
practices and other mitigation measures to protect workers and patrons. Those
practices and measures include, but are not limited to:
(1) Restricting the number of workers present on premises to no more
than is strictly necessary to perform the business’s or operation’s critical
infrastructure functions.
(2) Promoting remote work to the fullest extent possible.
(3) Keeping workers and patrons who are on premises at least six feet
from one another to the maximum extent possible, including for customers who
are standing in line.
(4) Increasing standards of facility cleaning and disinfection to limit
worker and patron exposure to COVID-19, as well as adopting protocols to clean
and disinfect in the event of a positive COVID-19 case in the workplace.
(5) Adopting policies to prevent workers from entering the premises if
they display respiratory symptoms or have had contact with a person who is
known or suspected to have COVID-19.
(6) Any other social distancing practices and mitigation measures
recommended by the Centers for Disease Control.
6. All
in-person government activities at whatever level (state, county, or local)
that are not necessary to sustain or protect life, or to supporting those
businesses and operations that are necessary to sustain or protect life, are suspended.
(a) For
purposes of this order, necessary government activities include activities
performed by critical infrastructure workers, including workers in law
enforcement, public safety, and first responders.
(b) Such
activities also include, but are not limited to, public transit, trash pick-up
and disposal, activities necessary to manage and oversee elections, operations
necessary to enable transactions that support the work of a business’s or
operation’s critical infrastructure workers, and the maintenance of safe and
sanitary public parks so as to allow for outdoor recreation.
(c) For
purposes of this order, necessary government activities include minimum basic
operations, as described in section 4(b). Workers performing such activities
need not be designated.
(d) Any
in-person government activities must be performed consistently with the social
distancing practices and other mitigation measures to protect workers and
patrons described in section 5(c).
7. Exceptions.
(a) Individuals
may leave their home or place of residence, and travel as necessary:
(1) To engage in outdoor activity, including walking, hiking, running,
cycling, or any other recreational activity consistent with remaining at least
six feet from people from outside the individual’s household.
(2) To perform their jobs as critical infrastructure workers after being
so designated by their employers. (Critical infrastructure workers who need not
be designated under section 5(a) may leave their home for work without a
designation.)
(3) To conduct minimum basic operations, as described in section 4(b),
after being designated to perform such work by their employers.
(4) To perform necessary government activities, as described in section
6.
(5) To perform tasks that are necessary to their health and safety, or
to the health and safety of their family or household members (including pets).
Individuals may, for example, leave the home or place of residence to secure
medication or to seek medical or dental care that is necessary to address a
medical emergency or to preserve the health and safety of a household or family
member (including procedures that, in accordance with a duly implemented
nonessential procedures postponement plan, have not been postponed).
(6) To obtain necessary services or supplies for themselves, their
family or household members, and their vehicles. Individuals must secure such services or supplies via delivery to the
maximum extent possible. As needed, however, individuals may leave the home
or place of residence to purchase groceries, take-out food, gasoline, needed
medical supplies, and any other products necessary to maintain the safety,
sanitation, and basic operation of their residences.
(7) To care for a family member or a family member’s pet in another
household.
(8) To care for minors, dependents, the elderly, persons with
disabilities, or other vulnerable persons.
(9) To visit an individual under the care of a health care facility,
residential care facility, or congregate care facility, to the extent otherwise
permitted.
(10) To attend legal proceedings
or hearings for essential or emergency purposes as ordered by a court.
(11) To work or volunteer for
businesses or operations (including both and religious and secular nonprofit
organizations) that provide food, shelter, and other necessities of life for
economically disadvantaged or otherwise needy individuals, individuals who need
assistance as a result of this emergency, and people with disabilities.
(b) Individuals
may also travel:
(1) To return to a home or place of residence from outside this state.
(2) To leave this state for a home or residence elsewhere.
(3) To travel between two residences in this state.
(4) As required by law enforcement or a court order, including the
transportation of children pursuant to a custody agreement.
8. For
purposes of this order, critical infrastructure workers are those workers
described by the Director of the U.S. Cybersecurity and Infrastructure Security
Agency in his guidance of March 19, 2020 on the COVID-19 response (available here). Such workers include some
workers in each of the following sectors:
(a) Health
care and public health.
(b) Law
enforcement, public safety, and first responders.
(c) Food
and agriculture.
(d) Energy.
(e) Water
and wastewater.
(f) Transportation
and logistics.
(g) Public
works.
(h) Communications
and information technology, including news media.
(i) Other
community-based government operations and essential functions.
(j) Critical
manufacturing.
(k) Hazardous
materials.
(l) Financial services.
(m) Chemical
supply chains and safety.
(n) Defense
industrial base.
9. For
purposes of this order, critical infrastructure workers also include:
(a) Child
care workers (including workers at disaster relief child care centers), but
only to the extent necessary to serve the children or dependents of critical
infrastructure workers as defined in this order. This category includes
individuals (whether licensed or not) who have arranged to care for the
children or dependents of critical infrastructure workers.
(b) Workers
at designated suppliers and distribution centers, as described below.
(1) A business or operation that employs critical infrastructure workers
may designate suppliers, distribution centers, or service providers whose
continued operation is necessary to enable, support, or facilitate the work of
its critical infrastructure workers.
(2) Such suppliers, distribution centers, or service providers may
designate workers as critical infrastructure workers only to the extent those workers are necessary to enable, support,
or facilitate the work of the original operation’s or business’s critical
infrastructure workers.
(3) Designated suppliers, distribution centers, and service providers
may in turn designate additional suppliers, distribution centers, and service
providers whose continued operation is necessary to enable, support, or
facilitate the work of their critical infrastructure workers.
(4) Such additional suppliers, distribution centers, and service providers
may designate workers as critical infrastructure workers only to the extent that those workers are necessary to enable,
support, or facilitate the work of the critical infrastructure workers at the
supplier, distribution center, or service provider that has designated them.
(5) Businesses, operations, suppliers, distribution centers, and service
providers must make all designations in writing to the entities they are
designating, whether by electronic message, public website, or other
appropriate means. Such designations may be made orally until March 31, 2020 at
11:59 p.m.
(6) Businesses, operations, suppliers, distribution centers, and service
providers that abuse their designation authority shall be subject to sanctions
to the fullest extent of the law.
(c) Workers
in the insurance industry, but only to the extent that their work cannot be
done by telephone or remotely.
(d) Workers
and volunteers for businesses or operations (including both and religious and
secular nonprofit organizations) that provide food, shelter, and other
necessities of life for economically disadvantaged or otherwise needy
individuals, individuals who need assistance as a result of this emergency, and
people with disabilities.
(e) Workers
who perform critical labor union functions, including those who administer
health and welfare funds and those who monitor the well-being and safety of
union members who are critical infrastructure workers, provided that any
administration or monitoring should be done by telephone or remotely where
possible.
10. Nothing
in this order should be taken to supersede another executive order or directive
that is in effect, except to the extent this order imposes more stringent
limitations on in-person work, activities, and interactions. Consistent with
prior guidance, a place of religious worship, when used for religious worship,
is not subject to penalty under section 14.
11. Nothing
in this order should be taken to interfere with or infringe on the powers of
the legislative and judicial branches to perform their constitutional duties or
exercise their authority.
12. This
order takes effect on March 24, 2020 at 12:01 a.m., and continues through April
13, 2020 at 11:59 p.m.
13. The
governor will evaluate the continuing need for this order prior to its
expiration. In determining whether to maintain, intensify, or relax its
restrictions, she will consider, among other things, (1) data on COVID-19
infections and the disease’s rate of spread; (2) whether sufficient medical
personnel, hospital beds, and ventilators exist to meet anticipated medical
need; (3) the availability of personal protective equipment for the health-care
workforce; (4) the state’s capacity to test for COVID-19 cases and isolate
infected people; and (5) economic conditions in the state.
14. 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: March 23, 2020
Time: 10:39 a.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following messages from the
Governor were received and read:
March 18, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 299 of 1980,
MCL 339.303 and 339.2002:
Michigan
Board of Architects
Mr. Allan Machielse of 1211 Glynn
Court, Detroit, Michigan 48202, county of Wayne, succeeding Dan Lamble whose
term expires March 31, 2020, appointed to represent licensed architects, for a
term commencing April 1, 2020 and expiring March 31, 2024.
March 18, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 250 of 1982,
MCL 722.604:
Child
Abuse and Neglect Prevention Board (“Children’s Trust Fund”)
Ms. Amy Tattrie Loepp of 3787 W.
Maple Road, Bloomfield Hills, Michigan 48301, county of Oakland, succeeding
Krista Beach whose term has expired, appointed to represent the general public,
for a term commencing March 18, 2020 and expiring December 19, 2022.
March 18, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 227 of 1967,
MCL 408.807:
Elevator
Safety Board
Mr. Nicholas W. Ottney of 2466
Ingalls Road, Leslie, Michigan 49251, county of Ingham, succeeding Mike Nelson
who has resigned, appointed to represent insurance companies authorized to
insure elevators in this state, for a term commencing March 18, 2020 and
expiring July 22, 2021.
March 18, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 299 of 1980,
MCL 339.303 and 339.2002:
Michigan
Board of Professional Engineers
Mr. Brett A. Dodge of 11553 Sara
Ann Drive, DeWitt, Michigan 48820, county of Clinton, succeeding Michael
Drewyor whose term expires March 31, 2020, appointed to represent a
professional surveyor who is a member of the Board of Professional Surveyors,
for a term commencing April 1, 2020 and expiring March 31, 2024.
Mr. Steven L. Warren of 4456
Bradford Drive, Saginaw, Michigan 48603, county of Saginaw, succeeding James
Stevens whose term expires March 31, 2020, appointed to represent licensed
professional engineers, for a term commencing April 1, 2020 and expiring March
31, 2024.
March 18, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 299 of 1980,
MCL 339.303 and 339.2002:
Michigan
Board of Professional Surveyors
Mr. Brett A. Dodge of 11553 Sara
Ann Drive, DeWitt, Michigan 48820, county of Clinton, succeeding Ginger
Michalski-Wallace whose term expires March 31, 2020, appointed to represent
professional surveyors, for a term commencing April 1, 2020 and expiring March
31, 2024.
Mr. Steven L. Warren of 4456
Bradford Drive, Saginaw, Michigan 48603, county of Saginaw, succeeding Michael
Drewyor whose term expires March 31, 2020, appointed to represent a
professional engineer who is a member of the Board of Professional Engineers,
for a term commencing April 1, 2020 and expiring March 31, 2024.
March 18, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 51 of 1951,
MCL 247.675:
Michigan
Truck Safety Commission
Mr. Randy L. Coplin of 11260
Anderson Road, Litchfield, Michigan 49252, county of Hillsdale, succeeding
James Shea who has resigned, appointed to represent the general public, for a
term commencing March 18, 2020 and expiring August 4, 2021.
March 18, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 560 of 2016,
MCL 36.105:
Michigan
Veterans’ Facility Authority Board of Directors
Mr. Kenneth D. Robbins of 960 E.
Wedgewood Drive, Muskegon, Michigan 49445, county of Muskegon, succeeding
Spencer Hoover who has resigned, appointed to represent members with
professional knowledge, skill, or experience in long-term care, health care
licensure or finance, or medicine, for a term commencing March 18, 2020 and
expiring April 15, 2021.
Mr. Bradford J. Slagle of 106
Weiland Drive, Marquette, Michigan 49855, county of Marquette, reappointed to
represent members with professional knowledge, skill, or experience in
long-term care, health care licensure or finance, or medicine and a resident of
the Upper Peninsula, for a term commencing April 16, 2020 and expiring
April 15, 2024.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
Announcements of Printing and
Enrollment
The Secretary announced the
enrollment printing and presentation to the Governor on Thursday, March 19 for
her approval the following bills:
Enrolled
Senate Bill No. 415 at 12:52 p.m.
Enrolled
Senate Bill No. 269 at 12:54 p.m.
Enrolled
Senate Bill No. 543 at 12:56 p.m.
Enrolled
Senate Bill No. 125 at 12:58 p.m.
Enrolled
Senate Bill No. 711 at 1:00 p.m.
Enrolled
Senate Bill No. 712 at 1:02 p.m.
Enrolled
Senate Bill No. 754 at 1:04 p.m.
Enrolled
Senate Bill No. 812 at 1:06 p.m.
Enrolled
Senate Bill No. 268 at 1:08 p.m.
The
Secretary announced that the following bills and resolutions were printed and
filed on Tuesday, March 17, and are available on the Michigan Legislature
website:
Senate
Bill Nos. 845 846 847 848 849 850 851 852 853
Senate
Resolution Nos. 108 109
House
Bill Nos. 5659 5660 5661 5662 5663 5664 5665 5666 5667 5668 5669 5670 5671 5672 5673 5674 5675 5676 5677 5678 5679 5680 5681 5682 5683 5684 5685 5686 5687 5688 5689 5690 5691 5692 5693 5694 5695 5696 5697 5698 5699 5700 5701
Appropriations -
Subcommittee -
Justice and Public Safety - Thursday, March 26, 1:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768 (CANCELED)
In
pursuance of the order previously made, the Secretary of the Senate declared
the Senate adjourned until Wednesday, April 1, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate