STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, May 12,
2020.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Jim Stamas of the 36th District offered the following invocation:
Dear
Lord, we thank You for this opportunity to come here today, to be in Your
presence, and to be in presence with family, Lord. While we fight and we
dispute and we discuss, on this floor each member is a family member who will
remain in history, Lord, and we just thank You for this opportunity.
We ask
that You be with one of our former family members, Lord—Morris Hood—as he’s now
joined You. We just ask that You be with his family to remember the amazing
things, the amazing passion that he represented and spoke so often on the
Senate floor.
Dear
Lord, we ask that You be with those who are in harm’s way. We ask that You be
with those who call out Your name. In Your name we pray. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
The motion prevailed.
The motion prevailed, a majority of the
members serving voting therefor.
Senator Dan Lauwers February 20-21 Tour and meeting $ 194.26
MISO
Energy
Carmel,
Ind.
Messages from the Governor
The following message from the Governor
was received on May 7, 2020, and read:
EXECUTIVE
ORDER
No.
2020-77
Temporary requirement to suspend
certain activities that
are not necessary to sustain or protect life
Rescission of Executive Order 2020-70
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, MCL 30.401 et
seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as
amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
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, to establish the public health infrastructure necessary to contain
the spread of infection, 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. To that end, on March 23, 2020, I issued
Executive Order 2020-21, ordering all people in Michigan to stay home and stay
safe. In Executive Orders 2020-42, 2020-59, and 2020-70, I extended that
initial order, modifying its scope as needed and appropriate to match the
ever-changing circumstances presented by this pandemic.
The measures put in place by Executive
Orders 2020-21, 2020-42, 2020-59, and 2020-70 have been effective: the number
of new confirmed cases each day has started to drop. Although the virus remains
aggressive and persistent—on May 6, 2020, Michigan reported 45,054 confirmed
cases and 4,250 deaths—the strain on our health care system has begun to relent,
even as our testing capacity has increased. We can now start the process of
gradually resuming in-person work and activities that were temporarily
suspended under my prior orders. In so doing, however, we must move with care,
patience, and vigilance, recognizing the grave harm that this virus continues
to inflict on our state and how quickly our progress in suppressing it can be
undone.
Accordingly, with this order, I find it
reasonable and necessary to reaffirm the measures set forth in Executive Order 2020-70
and amend their scope. With Executive Order 2020-70, I ordered that certain
previously suspended work and activities could resume, based on an evaluation
of public health metrics and an assessment of the statewide risks and benefits.
That evaluation remains ongoing, and based upon it, I find that we will soon be
positioned to allow another segment of previously suspended work to resume:
manufacturing work. This work, like the resumed activities allowed under
Executive Order 2020-70, will be subject to stringent precautionary measures.
This partial and incremental reopening will allow my public health team to
evaluate the effects of allowing these activities to resume, to assess the
capacity of the health care system to respond adequately to any increases in
infections, and to prepare for any increase in patients presenting to a
health-care facility or provider. With this order, Executive Order 2020-70 is
rescinded. This order will remain in effect until May 28, 2020.
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 of this
order, 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 (“CDC”), 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, to conduct minimum basic operations, or to perform a resumed
activity within the meaning of this order.
(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 of this order.
(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. Workers need not carry
copies of their designations when they leave the home or place of residence for
work.
Any in-person work necessary to
conduct minimum basic operations must be performed consistently with the social
distancing practices and other mitigation measures described in section 11 of
this order.
(c) Workers who perform resumed activities are
defined in section 10 of this order.
5. Businesses and operations that employ critical
infrastructure workers or workers who perform resumed activities may continue
in-person operations, subject to the following conditions:
(a) Consistent with sections 8, 9, and 10 of this
order, businesses and operations must determine which of their workers are
critical infrastructure workers or workers who perform resumed activities 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. Workers need not carry copies of their designations
when they leave the home or place of residence for work. 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 of this order.
(3) Workers and volunteers described in section
9(d) of this order.
(b) In-person activities that are not necessary to
sustain or protect life or to perform a resumed activity must be suspended.
(c) Businesses and operations maintaining in-person
activities must adopt social distancing practices and other mitigation measures
to protect workers and patrons, as described in section 11 of this order.
Stores that are open for in-person sales must also adhere to the rules
described in section 12 of this order.
(d) Any business or operation that employs workers
who perform resumed activities under section 10(a) of this order, but that does
not sell necessary supplies, may sell any goods through remote sales via
delivery or at the curbside. Such a business or operation, however, must otherwise
remain closed to the public.
6. All in-person government activities at whatever
level (state, county, or local) are suspended unless:
(a) They are performed by critical infrastructure
workers, including workers in law enforcement, public safety, and first
responders, as defined in sections 8 and 9 of this order.
(b) They are performed by workers who are permitted
to resume work under section 10 of this order.
(c) They are necessary to support the activities of
workers described in sections 8, 9, and 10 of this order, or to enable
transactions that support businesses or operations that employ such workers.
(d) They involve public transit, trash pick-up and
disposal (including recycling and composting), the management and oversight of
elections, and the maintenance of safe and sanitary public parks so as to allow
for outdoor activity permitted under this order.
(e) For purposes of this order, necessary
government activities include minimum basic operations, as described in section
4(b) of this order. Workers performing such activities need not be designated.
(f) 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 11 of
this order.
7. Exceptions.
(a) Individuals may leave their home or place of
residence, and travel as necessary:
(1) To engage in outdoor recreational activity,
consistent with remaining at least six feet from people from outside the
individual’s household. Outdoor recreational activity includes walking, hiking,
running, cycling, boating, golfing, or other similar activity, as well as any
comparable activity for those with limited mobility.
(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) of this
order may leave their home for work without being designated.)
(3) To conduct minimum basic operations, as
described in section 4(b) of this order, after being designated to perform such
work by their employers.
(4) To perform resumed activities, as described in
section 10 of this order, after being designated to perform such work by their
employers.
(5) To perform necessary government activities, as
described in section 6 of this order.
(6) 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 in-person procedures or veterinary
services that, in accordance with a duly implemented non-essential procedure or
veterinary services postponement plan, have not been postponed).
(7) To obtain necessary services or supplies for
themselves, their family or household members, their pets, and their motor
vehicles.
(A) 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 or motor vehicles.
(B) Individuals may also leave the home to pick up
or return a motor vehicle as permitted under section 9(i) of this order,
or to have a motor vehicle or bicycle repaired or maintained.
(C) Individuals should limit, to the maximum extent
that is safe and feasible, the number of household members who leave the home
for any errands.
(8) To pick up non-necessary supplies at the
curbside from a store that must otherwise remain closed to the public.
(9) To care for a family member or a family member’s
pet in another household.
(10) To care for minors, dependents, the elderly,
persons with disabilities, or other vulnerable persons.
(11) To visit an individual under the care of a
health care facility, residential care facility, or congregate care facility,
to the extent otherwise permitted.
(12) To visit a child in out-of-home care, or to
facilitate a visit between a parent and a child in out-of-home care, when there
is agreement between the child placing agency, the parent, and the caregiver
about a safe visitation plan, or when, failing such agreement, the individual
secures an exception from the executive director of the Children’s Services
Agency.
(13) To attend legal proceedings or hearings for
essential or emergency purposes as ordered by a court.
(14) To work or volunteer for businesses or
operations (including both 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.
(15) To attend a funeral, provided that no more than
10 people are in attendance.
(16) To attend a meeting of an addiction recovery
mutual aid society, provided that no more than 10 people are in attendance.
(17) To view a real-estate listing by appointment,
as permitted under section 10(g) of this order.
(18) To participate in training, credentialing, or
licensing activities permitted under section 10(i) of this order.
(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) Between two residences in this state, including
moving to a new residence.
(4) As required by law enforcement or a court
order, including the transportation of children pursuant to a custody
agreement.
(c) All other travel is prohibited, including all
travel to vacation rentals.
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). This order does not adopt any subsequent guidance document
released by this same agency.
Consistent
with the March 19, 2020 guidance document, critical infrastructure 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, workers who
conduct minimum basic operations, workers who perform necessary government
activities, or workers who perform resumed activities. This category includes
individuals (whether licensed or not) who have arranged to care for the
children or dependents of such workers.
(b) Workers at suppliers, distribution centers, or
service providers, as described below.
(1) Any suppliers, distribution centers, or service
providers whose continued operation is necessary to enable, support, or
facilitate another business’s or operation’s critical infrastructure work may
designate their workers as critical infrastructure workers, provided that only
those workers whose in-person presence is necessary to enable, support, or
facilitate such work may be so designated.
(2) Any suppliers, distribution centers, or service
providers whose continued operation is necessary to enable, support, or
facilitate the necessary work of suppliers, distribution centers, or service
providers described in subprovision (1) of this subsection may designate their
workers as critical infrastructure workers provided that only those workers
whose in-person presence is necessary to enable, support, or facilitate such
work may be so designated.
(3) Consistent with the scope of work permitted
under subprovision (2) of this subsection, any suppliers, distribution centers,
or service providers further down the supply chain whose continued operation is
necessary to enable, support, or facilitate the necessary work of other
suppliers, distribution centers, or service providers may likewise designate
their workers as critical infrastructure workers, provided that only those
workers whose in-person presence is necessary to enable, support, or facilitate
such work may be so designated.
(4) Suppliers, distribution centers, and service
providers that abuse their designation authority under this subsection 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 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.
(f) Workers at retail stores who sell groceries,
medical supplies, and products necessary to maintain the safety, sanitation,
and basic operation of residences or motor vehicles, including convenience
stores, pet supply stores, auto supplies and repair stores, hardware and home
maintenance stores, and home appliance retailers.
(g) Workers at laundromats, coin laundries, and dry
cleaners.
(h) Workers at hotels and motels, provided that the
hotels or motels do not offer additional in-house amenities such as gyms,
pools, spas, dining, entertainment facilities, meeting rooms, or like
facilities.
(i) Workers at motor vehicle dealerships who are
necessary to facilitate remote and electronic sales or leases, or to deliver
motor vehicles to customers, provided that showrooms remain closed to in-person
traffic.
10. For purposes of this order, workers who perform
resumed activities are defined as follows:
(a) Workers who process or fulfill remote orders
for goods for delivery or curbside pick-up.
(b) Workers who perform bicycle maintenance or
repair.
(c) Workers for garden stores, nurseries, and lawn
care, pest control, and landscaping operations, subject to the enhanced
social-distancing rules described in section 11(i) of this order.
(d) Workers for moving or storage operations,
subject to the enhanced social-distancing rules described in section 11(i) of
this order.
(e) Subject to the enhanced social-distancing rules
described in section 11(i) of this order, workers who perform work that is
traditionally and primarily performed outdoors, including but not limited to
forestry workers, outdoor power equipment technicians, parking enforcement
workers, and outdoor workers at places of outdoor recreation not otherwise
closed under Executive Order 2020-69 or any order that may follow from it.
(f) Workers in the construction industry, including
workers in the building trades (plumbers, electricians, HVAC technicians, and
similar workers), subject to the workplace safeguards described in section
11(j) of this order.
(g) Workers in the real-estate industry, including
agents, appraisers, brokers, inspectors, surveyors, and registers of deeds,
provided that:
(1) Any showings, inspections, appraisals,
photography or videography, or final walk-throughs must be performed by
appointment and must be limited to no more than four people on the premises at
any one time. No in-person open houses are permitted.
(2) Private showings may only be arranged for
owner-occupied homes, vacant homes, vacant land, commercial property, and
industrial property.
(h) Workers necessary to the manufacture of goods
that support workplace modification to forestall the spread of COVID-19 infections.
(i) Workers necessary to train, credential, and
license first responders (e.g., police officers, fire fighters, paramedics) and
health-care workers, including certified nursing assistants, provided that as
much instruction as possible is provided remotely.
(j) Workers necessary to perform start-up
activities at manufacturing facilities, including activities necessary to
prepare the facilities to follow the workplace safeguards described in section
11(k) of this order.
(k) Effective at 12:01 a.m. on May 11, 2020,
workers necessary to perform manufacturing activities, subject to the workplace
safeguards described in section 11(k) of this order. Manufacturing work may not
commence under this subsection until the facility at which the work will be performed
has been prepared to follow the workplace safeguards described in section 11(k)
of this order.
(l) Consistent
with section 9(b) of this order, workers at suppliers, distribution centers, or
service providers whose in-person presence is necessary to enable, support, or
facilitate another business’s or operation’s resumed activities, including
workers at suppliers, distribution centers, or service providers along the
supply chain whose in-person presence is necessary enable, support, or
facilitate the necessary work of another supplier, distribution center, or
service provider in enabling, supporting, or facilitating another business’s or
operation’s resumed activities. Suppliers, distribution centers, and service
providers that abuse their designation authority under this subsection shall be
subject to sanctions to the fullest extent of the law.
11. Businesses, operations, and government agencies
that remain open for in-person 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 and
available here. Such plan must be available at
company headquarters or the worksite.
(b) Restrict the number of workers present on
premises to no more than is strictly necessary to perform the in-person work
permitted under this order.
(c) Promote remote work to the fullest extent
possible.
(d) Keep workers and patrons who are on premises at
least six feet from one another to the maximum extent possible.
(e) Require masks to be worn when workers cannot
consistently maintain six feet of separation from other individuals in the
workplace, and consider face shields when workers cannot consistently maintain
three feet of separation from other individuals in the workplace.
(f) Increase 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.
(g) Adopt policies to prevent workers from entering
the premises if they display respiratory symptoms or have had contact with a
person with a confirmed diagnosis of COVID-19.
(h) Adopt any other social distancing practices and
mitigation measures recommended by the CDC.
(i) Businesses or operations whose in-person work
is permitted under sections 10(c) through 10(e) of this order must also:
(1) Prohibit gatherings of any size in which people
cannot maintain six feet of distance from one another.
(2) 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.
(3) Provide personal protective equipment such as
gloves, goggles, face shields, and face masks as appropriate for the activity
being performed.
(4) 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.
(j) Businesses or operations in the construction
industry must also:
(1) Adhere to all of the provisions in subsection
(i) of this section.
(2) Designate a site-specific supervisor to monitor
and oversee the implementation of COVID-19 control strategies developed under
subsection (a) of this section. The supervisor must remain on-site at all times
during activities. An on-site worker may be designated to perform the
supervisory role.
(3) Conduct a daily entry screening protocol for
workers, 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.
(4) Create dedicated entry point(s) at every
worksite, if possible, for daily screening as provided in subprovision (3) of
this subsection, or in the alternative issue stickers or other indicators to
workers to show that they received a screening before entering the worksite
that day.
(5) Provide instructions for the distribution of
personal protective equipment and designate on-site locations for soiled masks.
(6) Encourage or require the use of work gloves, as
appropriate, to prevent skin contact with contaminated surfaces.
(7) Identify choke points and high-risk areas where
workers 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.
(8) Ensure there are sufficient hand-washing or
hand-sanitizing stations at the worksite to enable easy access by workers.
(9) Notify contractors (if a subcontractor) or
owners (if a contractor) of any confirmed COVID-19 cases among workers at the
worksite.
(10) Restrict unnecessary movement between project
sites.
(11) Create protocols for minimizing personal
contact upon delivery of materials to the worksite.
(k) Manufacturing facilities must also:
(1) Conduct a daily entry screening protocol for
workers, 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 as soon as no-touch thermometers can be obtained.
(2) Create dedicated entry point(s) at every
facility for daily screening as provided in subprovision (1) of this
subsection, and ensure physical barriers are in place to prevent anyone from
bypassing the screening.
(3) Suspend all non-essential in-person visits,
including tours.
(4) Train workers on, at a minimum:
(A) Routes by which the virus causing COVID-19 is
transmitted from person to person.
(B) Distance that the virus can travel in the air,
as well as the time it remains viable in the air and on environmental surfaces.
(C) Symptoms of COVID-19.
(D) Steps the worker must take to notify the
business or operation of any symptoms of COVID-19 or a suspected or confirmed
diagnosis of COVID-19.
(E) Measures that the facility is taking to prevent
worker exposure to the virus, as described in the COVID‑19 preparedness
and response plan required under section 11(a) of this order.
(F) Rules that the worker must follow in order to
prevent exposure to and spread of the virus.
(G) The use of personal protective equipment,
including the proper steps for putting it on and taking it off.
(5) 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.
(6) Implement rotational shift schedules where
possible (e.g., increasing the number of shifts, alternating days or weeks) to
reduce the number of workers in the facility at the same time.
(7) Stagger start times and meal times.
(8) Install temporary physical barriers, where
practicable, between work stations and cafeteria tables.
(9) Create protocols for minimizing personal
contact upon delivery of materials to the facility.
(10) Adopt protocols to limit the sharing of tools
and equipment to the maximum extent possible.
(11) Frequently and thoroughly clean and disinfect
high-touch surfaces, paying special attention to parts, products, and shared
equipment (e.g., tools, machinery, vehicles).
(12) Ensure there are sufficient hand-washing or
hand-sanitizing stations at the worksite to enable easy access by workers, and
discontinue use of hand dryers.
(13) 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 workers or workers who
received a positive test for COVID-19.
(14) Send potentially exposed individuals home upon
identification of a positive case of COVID-19 in the facility.
(15) Encourage workers to self-report to plant
leaders as soon as possible after developing symptoms of COVID-19.
(16) Shut areas of the manufacturing facility for
cleaning and disinfection, as necessary, if a worker goes home because he or
she is displaying symptoms of COVID-19.
12. Any store that remains open for in-store sales
under section 9(f) or section 10(c) of this order:
(a) Must establish lines to regulate entry in
accordance with subsection (b) 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.
(b) Must adhere to the following restrictions:
(1) For 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) For 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 like 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.
(c) May continue to sell goods other than necessary
supplies if the sale of such goods is in the ordinary course of business.
(d) Must consider establishing curbside pick-up to
reduce in-store traffic and mitigate outdoor lines.
13. No one shall rent a short-term vacation
property except as necessary to assist in housing a health care professional
aiding in the response to the COVID-19 pandemic or a volunteer who is aiding
the same.
14. Michigan state parks remain open for day use,
subject to any reductions in services and specific closures that, in the
judgment of the director of the Department of Natural Resources, are necessary
to minimize large gatherings and to prevent the spread of COVID-19.
15. Rules governing face coverings.
(a) Except as provided in subsection (b) of this
section, any individual able to medically tolerate a face covering must wear a
covering over his or her nose and mouth—such as a homemade mask, scarf,
bandana, or handkerchief—when in any enclosed public space.
(b) An individual may be required to temporarily
remove a face covering upon entering an enclosed public space for
identification purposes.
(c) All businesses and operations whose workers
perform in-person work must, at a minimum, provide non-medical grade face
coverings to their workers.
(d) Supplies of N95 masks and surgical masks should
generally be reserved, for now, for health care professionals, first responders
(e.g., police officers, fire fighters, paramedics), and other critical workers
who interact with the public.
(e) The protections against discrimination in the
Elliott-Larsen Civil Rights Act, 1976 PA 453, as amended, MCL 37.2101 et seq., and any other protections
against discrimination in Michigan law, apply in full force to individuals who
wear a face covering under this order.
16. 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, neither a place
of religious worship nor its owner is subject to penalty under section 20 of
this order for allowing religious worship at such place. No individual is
subject to penalty under section 20 of this order for engaging in or traveling
to engage in religious worship at a place of religious worship, or for
violating section 15(a) of this order.
17. Nothing in this order should be taken to
interfere with or infringe on the powers of the legislative and judicial
branches to perform their constitutional duties or exercise their authority.
Similarly, nothing in this order shall be taken to abridge protections
guaranteed by the state or federal constitution under these emergency
circumstances.
18. This order takes effect immediately, unless
otherwise specified in this order, and continues through May 28, 2020 at 11:59
p.m. Executive Order 2020-70 is rescinded. All references to that order in
other executive orders, agency rules, letters of understanding, or other legal
authorities shall be taken to refer to this order.
19. I will evaluate the continuing need for this
order prior to its expiration. In determining whether to maintain, intensify,
or relax its restrictions, I 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.
20. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order is a misdemeanor.
Given under my hand and the Great Seal
of the State of Michigan.
Date: May 7, 2020
Time: 3:00 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 May 11, 2020, and read:
EXECUTIVE
ORDER
No.
2020-78
Temporary extension of the validity of
driver licenses, state identification cards,
and certain vehicle registrations
Rescission of Executive Order 2020-47
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, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
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).
On March 13, 2020, Michigan’s secretary
of state announced that Department of State branch offices would be open on
weekdays only for “critical services,” which do not include license and
registration renewals. This action was necessary and well designed to mitigate
the spread of COVID-19, protect the public health, and provide essential
protections to vulnerable Michiganders, but it has resulted in some individuals
being unable to timely renew their license or registration. In order to
facilitate the mobility necessary for survival during this crisis, and to
ensure commercial drivers carrying essential supplies could continue to do so
despite these temporary limitations on state operations, it was reasonable and
necessary to temporarily extend the validity of certain operator’s and
chauffeur’s licenses, state identifications, and vehicle registrations in this
state.
Executive Order 2020-47 provided such
relief. This order extends its duration and expands its scope to cover a
broader range of commercial vehicles and to ensure continuity of auto insurance
coverage, as it remains reasonable and necessary to facilitate the mobility
required for survival during this crisis, while maintaining appropriate social
distancing.
With this order, Executive Order
2020-47 is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Individuals must, to the best of their ability,
complete a vehicle registration or license renewal online at www.michigan.gov/sos/ during
the declared states of emergency and disaster.
2. Strict compliance with section 2 of 1972 PA 222
(state personal identification card), as amended, MCL 28.292, is temporarily
suspended to the extent necessary to extend until July 31, 2020 the validity of
a state personal identification card that expired or is set to expire between
February 1, 2020 and June 30, 2020.
3. Strict compliance with sections 309 and 314 of
the Michigan Vehicle Code, 1949 PA 300, as amended, MCL 257.309 and 257.314,
and Mich Admin R 257.853(10), is temporarily suspended to the extent necessary
to extend until July 31, 2020 the validity of an operator’s license or
chauffeur’s license that expired or is set to expire between February 1, 2020
and June 30, 2020.
4. Strict compliance with the requirements under
sections 303 and 312f of the Michigan Vehicle Code, MCL 257.303 and 257.312f,
is temporarily suspended to the extent necessary to suspend any applicable
medical certification requirement necessary for operator’s or chauffer’s
license holders with any commercial driver license (CDL) group designation or
endorsement until July 31, 2020. Persons who would otherwise have to carry a
valid medical certificate must carry a paper copy of an otherwise-valid medical
certificate that expired on or after March 1, 2020.
5. Strict compliance with rules and procedures
under section 216 of the Michigan Vehicle Code, MCL 257.216, is temporarily
suspended to the extent necessary to allow an operator’s or chauffeur’s license
holder with appropriate CDL group designations and endorsements to operate a
commercial vehicle as though it had a valid vehicle registration until July 31,
2020, so long as that commercial vehicle has an otherwise-valid vehicle
registration that expired on or after March 1, 2020.
6. Until July 31, 2020, driving with a vehicle
registration, operator’s license, or chauffeur’s license that expired on or
after February 1, 2020 does not constitute a violation of the Michigan Vehicle
Code. Law enforcement officials must not arrest any person nor impound any
vehicle for the sole reason that a vehicle registration, operator’s license,
chauffer’s license, or some combination thereof had expired on or after
February 1, 2020. The Department of State must not assess a late fee for the
renewal of a license or registration that expired between February 1, 2020 and
June 30, 2020, so long as renewal occurs by July 31, 2020. Nothing in this
order prevents the Secretary of State from suspending or revoking an operator’s
or chauffeur’s license, commercial learner’s permit, vehicle designations, or
endorsements on an operator’s or chauffeur’s license pursuant to the Michigan
Vehicle Code.
7. Consistent with sections 3 through 6,
automobile insurers must not take any adverse or negative actions against an
individual because the individual’s license or registration expired between
February 1, 2020 and June 30, 2020. A license that remains valid because of an
extension under section 3 is valid for all purposes. Adverse or negative
actions prohibited by this section include but are not limited to:
(a) Canceling, voiding, rescinding, or refusing to
issue or renew a policy of automobile insurance, or denying a claim.
(b) Increasing an automobile insurance premium
amount charged for a new policy or the renewal of an existing policy.
8. The relief afforded by sections 3 to 7 of this
order does not apply to:
(a) A person who had their driving privileges
suspended or revoked for traffic offenses.
(b) A person who, since their last medical
certificate was issued, has been diagnosed with a medical condition that would
disqualify them from operating a commercial vehicle.
(c) A person who, since their last medical
certificate was issued, has developed a condition that requires an exemption or
Skill Performance Evaluation from the Federal Motor Carrier Safety
Administration.
9. This order is effective immediately and
Executive order 2020-47 is rescinded.
10. 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: May 8, 2020
Time: 6:12 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 May 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-79
Temporary suspension of youth work
permit application requirements
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, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
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).
Every summer, many of our state’s young
residents seek employment in order to earn money, gain valuable work
experience, and contribute to the state economy. Compliance with certain
procedures related to obtaining work permits and supporting documentation from
school personnel has become prohibitively difficult with school buildings being
closed for instructional purposes. Young Michiganders constitute an important
part of the summer workforce, especially because the COVID-19 pandemic requires
that many workers stay home when experiencing symptoms or because they are part
of a vulnerable population. To ensure the availability of youth workforce, and
to continue to mitigate the spread of COVID-19, protect public health, and
provide protections to vulnerable Michiganders of all ages, it is reasonable
and necessary to temporarily suspend certain requirements related to obtaining
work permits for youth workers.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Strict compliance with section 5 of the Youth
Employment Standards Act, 1978 PA 90, MCL 409.105, is temporarily suspended to
the extent it requires an application of a work permit to be made in person. An
issuing officer may accept and examine a work permit application (including any
accompanying materials) submitted by alternative means including mail, e-mail,
fax, or web-based form. Issuing officers must make information on how such
application materials may be submitted publicly available.
2. Strict compliance with section 6 of the Youth
Employment Standards Act, MCL 409.106 is temporarily suspended such that the
color of work permits for minors under 16 years of age does not need to be
distinct from that of work permits for minors 16 years of age and over.
3. This order is effective immediately and
continues through June 8, 2020 at 11:59 p.m.
Given under my hand and the Great Seal
of the State of Michigan.
Date: May 11, 2020
Time: 9:43 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 May 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-80
Enhanced authorization of remote means
for carrying out state administrative
procedures
Rescission of Executive Order 2020-45
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, MCL 30.401 et
seq., and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as
amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
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, limit the number of people interacting at public
gatherings, encourage social distancing, and provide essential protections to
vulnerable Michiganders, it is reasonable and necessary to temporarily suspend
rules and procedures relating to service of process and provision of notice as
to certain administrative proceedings and the use of electronic signatures.
State administrative entities must be able to continue to conduct public
business during this emergency, including actions to respond to the COVID-19
pandemic, without unduly compromising public health, safety, and welfare.
Executive Order 2020-23 provided this
limited and temporary relief from certain rules and procedures. Executive Order
2020-45 extended the duration of that relief. This order extends that duration
further, because it remains reasonable and necessary to suppress the spread of
COVID-19 and protect the public health and safety of this state and its
residents. With this order, Executive Order 2020-45 is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Hearing officers or arbitrators may conduct
Michigan Employment Relations Commission hearings by electronic means,
including video conferencing. To the extent necessary, strict compliance with
the procedural requirements of 1939 PA 176, as amended, MCL 423.1 et seq. (employment relations
commission), 1947 PA 336, as amended, MCL 423.201 et seq. (public employment relations), and 1969 PA 312, as
amended, MCL 423.231 et seq.
(compulsory arbitration of labor disputes in police and fire departments), is
temporarily suspended.
2. Notice to MERC, as well as personal service of
notice, service of process, or written notice of a dispute relating to an
impending strike or an impending lockout, may be provided by mail or by
electronic means, including email. To the extent necessary, strict compliance
with rules and procedures under sections 9, 9a, 9d(3), 11, 23(2), and 27 of
1939 PA 176, as amended, MCL 423.9, 423.9a, 423.9d(3), 423.11, 423.23(2), and
423.27, and any other procedural statutes governing MERC, is temporarily
suspended.
3. The Unemployment Insurance Agency may permit
hearings to be held by telephone or electronic means, including video
conferencing. To the extent necessary, strict compliance with rules and
procedures under the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as
amended, MCL 421.1 et seq., is
temporarily suspended.
4. Notice to the Unemployment Insurance Agency and
written notice by the Unemployment Insurance Agency may be provided by mail or
by electronic means, including email. To the extent necessary, strict
compliance with rules and procedures under the Michigan Employment Security
Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.1 et seq., is temporarily suspended.
5. Hearings held under the Administrative Procedures
Act of 1969, 1969 PA 306, as amended, MCL 24.201 et seq., as well as under
the MARS Administrative Hearing Rules, R 792.10101 et seq., and any informal hearings required by statute, rule, or
regulation, may proceed by telephone or by electronic means, including video
conferencing. To the extent necessary, strict compliance with the rules and
procedures of the Administrative Procedures Act of 1969, 1969 PA 306, as
amended, MCL 24.201 et seq., and the
MARS Administrative Hearing Rules, R 792.10101 et seq., is temporarily suspended. This does not apply to hearings
by the Joint Committee on Administrative Rules.
6. Notice and service of process required by the
Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.201 et seq., and the MARS Administrative
Hearing Rules, R 792.10101 et seq.,
may be provided by mail or by electronic means, including email. To the extent
necessary, strict compliance with rules and procedures under the Administrative
Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.201 et seq., and the MARS Administrative
Hearing Rules, R 792.10101 et seq.,
is temporarily suspended.
7. Administrative rules or emergency rules may be
filed with the secretary of state electronically, including by email. To the
extent necessary, strict compliance with rules and procedures under the
Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.201 et seq., is temporarily suspended.
8. Pursuant to section 18 of the Uniform
Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.848, the
Department of Technology, Management and Budget is directed to authorize the
acceptance, use, and reliance upon electronic signatures for a signature
required by sections ll(b)(4), 32b(3), and 54f of the Michigan Employment Security
Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.11(b)(4), 421.32b(3), and
421.54f. Pursuant to section 7 of the Uniform Electronic Transactions Act, 2000
PA 305, as amended, MCL 450.837, a signature must not be denied legal effect or
enforceability solely because it is in electronic form, and if a law requires a
signature, an electronic signature satisfies the law.
9. Pursuant to section 18 of the Uniform
Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.848, the
Department of Technology, Management and Budget is directed to authorize the
acceptance, use, and reliance upon electronic signatures for a signature
required under the Administrative Procedures Act of 1969, 1969 PA 306, as
amended, MCL 24.201 et seq.,
including any requirement of a signature for filing administrative rules or
emergency rules with the secretary of state. Pursuant to section 7 of the
Uniform Electronic Transactions Act, 2000 PA 305, as amended, MCL 450.837, a
signature must not be denied legal effect or enforceability solely because it
is in electronic form, and if a law requires a signature, an electronic
signature satisfies the law.
10. This order is effective immediately and remains
in effect through June 8, 2020 at 11:59 pm.
11. Executive Order 2020-45 is rescinded.
12. 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: May 11, 2020
Time: 9:55 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 May 12, 2020, and read:
EXECUTIVE
ORDER
No.
2020-81
Enhanced support for deliveries
Rescission of Executive Order 2020-44
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, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
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 and
to provide essential protections to vulnerable Michiganders and this state’s
health care system and other critical infrastructure, it is reasonable and
necessary to provide limited and temporary relief from load and delivery
restrictions on motor carriers and drivers engaged in the transport of
essential supplies, equipment, and persons.
Executive Order 2020-12 provided this
limited and temporary relief. Executive Order 2020-44 extended the duration of
that relief. This order extends that duration further, because it remains
reasonable and necessary to suppress the spread of COVID-19 and protect the
public health and safety of this state and its residents. With this order,
Executive Order 2020-44 is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. All state and local road agencies must exercise
their authority on an expedited basis to issue permits that allow non-seasonal
load restrictions to be exceeded. These permits must reflect bridge weight
tolerances, and they must apply to deliveries that meet immediate needs for:
(1) medical supplies and equipment related to the testing, diagnosis, and
treatment of COVID-19; (2) supplies and equipment necessary for community
safety, sanitation, and the prevention of community transmission of COVID-19
such as masks, gloves, hand sanitizer, soap, and disinfectants; (3) food for
the emergency restocking of stores; (4) equipment, supplies, and persons
necessary to establish and manage temporary housing, quarantine, and isolation
facilities related to the COVID-19 pandemic; (5) persons designated by federal,
state, or local authorities for medical, isolation, or quarantine purposes; and
(6) persons necessary to provide other medical or emergency services, the
supply of which may be affected by the COVID-19 pandemic.
2. All state and local restrictions on the noise
and timing of loading and deliveries are suspended for loading and deliveries
that meet immediate needs for: (1) medical supplies and equipment related to
the testing, diagnosis, and treatment of COVlD-19; (2) supplies and equipment
necessary for community safety, sanitation, and the prevention of community
transmission of COVID-19 such as masks, gloves, hand sanitizer, soap, and
disinfectants; (3) food for the emergency restocking of stores; (4) equipment,
supplies, and persons necessary to establish and manage temporary housing,
quarantine, and isolation facilities related to the COVID-19 pandemic; (5)
persons designated by federal, state, or local authorities for medical,
isolation, or quarantine purposes; and (6) persons necessary to provide other
medical or emergency services, the supply of which may be affected by the
COVID-19.
3. This order is effective immediately and
continues through May 25, 2020 at 11:59 p.m.
4. Executive Order 2020-44 is rescinded.
5. 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: May 11, 2020
Time: 10:03 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.
Senators
Ananich and Geiss entered the Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to provide relief during certain
declared states of emergency for contractual obligations under residential
leases, mortgages, and land contracts; to provide for a moratorium on actions
to recover the possession of property and the foreclosure of mortgages or land
contracts during a declared state of emergency; and to provide for remedies.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senators Irwin, Geiss, Bullock,
Alexander, Chang, Wojno, Santana, Moss, Polehanki, Bayer, Ananich, McMorrow and
Hollier introduced
A bill to amend 1972 PA 348, entitled “An act
to regulate relationships between landlords and tenants relative to rental
agreements for rental units; to regulate the payment, repayment, use and
investment of security deposits; to provide for commencement and termination
inventories of rental units; to provide for termination arrangements relative
to rental units; to provide for legal remedies; and to provide penalties,” (MCL
554.601 to 554.616) by adding section 1c.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senators Alexander, Geiss, Chang,
Bullock, Irwin, Wojno, Santana, Moss, Polehanki, Bayer, Ananich and McMorrow
introduced
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 3102,
3202, 5740, and 5782.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator Santana entered the Senate
Chamber.
Senators Hollier, Geiss, Bullock,
Chang, Irwin, Wojno, Santana, Moss, Polehanki, Bayer, Ananich and McMorrow
introduced
A bill to amend 1966 PA 346, entitled “State
housing development authority act of 1966,” by amending sections 48a and 49
(MCL 125.1448a and 125.1449), section 48a as added by 1981 PA 173 and section
49 as amended by 1993 PA 221.
The bill was read a first and second time by title
and referred to the Committee on Finance.
Senators Chang, Geiss, Alexander,
Bullock, Hollier, Irwin, Wojno, Santana, Moss, Polehanki, Bayer, Ananich and
McMorrow introduced
A bill to amend 1893 PA 206, entitled “The general
property tax act,” (MCL 211.1 to 211.155) by adding section 78t.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator MacGregor introduced
A bill to amend 1973 PA 186, entitled “Tax
tribunal act,” (MCL 205.701 to 205.779) by adding section 37a.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senator
Hollier entered the Senate Chamber.
The
motion prevailed.
Senator Ananich’s statement is as
follows:
You probably have all heard the
very unfortunate news—the very sad news—about our former colleague Senator
Morris Hood passing away recently. I want to talk a little bit about Morris and
then let my colleague say a few words and then I’ll ask—if you don’t mind; if
you’d indulge me—in a moment of silence for him and his family.
I had the fortune of meeting
Morris Hood very early in my career here, like I met many of you. At the time,
Rick Hammel was the Minority Leader in the House of Representatives. Many of
you served with him. He had become very close friends with Senator Hood. And
like often happens when your colleagues who have been serving a little longer,
they offer to introduce you to one of their friends in the Legislature. This is
one of those times when I thank God that I took him up on getting to know
Morris.
These are not the kinds of
statements you want to have to make from this microphone. Many of you might
have heard that Morris contracted the virus and as some of you may know he has
some underlying health conditions related to a kidney transplant and diabetes.
He had spent some time in the intensive care unit and started to have a
recovery, and then unfortunately the condition got worse and he spent
significant time on a ventilator. That’s just the facts that I think people
need to know but I’m going to talk a little bit about the human being that I
got to know and the friend that I had the pleasure of spending time with over
the last decade.
One of the things that I think
many of you who served with him here with remember—maybe you saw it
otherwise—Mo was always the one that no matter what was going on; no matter how
heated the moment was, he pushed that white button and stood up to remind us to
hug our loved ones; that this was not personal. I think what’s going on right
now in this important debate that we’re having or should be having and are
having, I think we all should remember that probably more than ever. So I think
when we think or say things that may be a bit over the line, which all of us
have a tendency sometimes to do—whether it’s thoughts or words—I would request
that we remember Morris Hood. Whether you heard the statement here or you didn’t,
remember no matter what—it may be a virtual one now or an elbow bump—but let’s
remember that we’re all human beings; that we all have family that we love and
that we are in a stressful time and if we remember to go home and hug our loved
ones, to pray for each other at night if that’s what you believe in, and
remember the memory of Mo Hood before we do things, I think we’ll all be better
people for it. I just wanted to make sure I said a few words about the passing
of my good friend and many of yours.
Senator Hertel’s statement is as
follows:
My friend, Morris Hood, would
often stand at this podium and remind us all that tomorrow is never promised.
And for many people that can sound like a slogan—like something you’d see on a
poster somewhere—but for Morris, he lived that every single day. Part of the
reason is that he got a second chance at life with a kidney transplant and didn’t
just allow that to be a personal story that he told, but used that to promote
organ donation—I don’t know if guys remember, he’d have Reggie the puppet up
with him during organ donation week and he would talk about the second chance
that he got at life.
The story of why that was
important to Morris goes beyond that. I was at Morris’ father’s funeral. Morris’
father was one of my dad’s closest friends in the Legislature. It was one of
the most beautiful funerals I’ve ever been to in my entire life. It was at a
Catholic cathedral in Detroit—one of the first built. And Morris’ dad was
Catholic because they were the first integrated schools in Detroit. So he
converted to Catholicism because of that experience that he had of welcomeness
in the Catholic church. The rest of his family was Baptist so there was a
beautiful Baptist choir in this beautiful Catholic church with all the stained
glass and everything else. And I was trying to hold it together because Morris’
dad was one of my dad’s best friends and one of the legislators that I looked
most up to. And Pat Gagliardi, who was one of their friends from the Upper
Peninsula, stood up and told the story about Morris Sr. being down in Gulf
Shores, Alabama with us and watching my dad and my brothers and sisters and
myself on the beach playing with each other in the surf. And seeing that and
knowing that he was estranged from his family—he was estranged from his son,
Morris—and how he needed to fix things. And that was two years before he
passed. And they became close again through that.
And so “tomorrow is never
promised” was not just a slogan or a message, it was something that was so
important in his life because he didn’t always have those connections with his
loved ones; with his father. But he did at the end. Morris was a legend. He got
up and talked about workers’ rights and loved school teachers. When he was in
the hospital, the biggest thing that he lamented was that he couldn’t be in
session because we were talking about teacher pensions and how important that
was to him. He is so legendary that after today, he will be the first person in
Michigan’s Senate history to get two moments of silence. My good friend,
Coleman Young, stood up on the Senate floor while he was in surgery and gave
him a moment of silence then. We had to remind Coleman afterwards that that’s
not how that works, but he’ll be the first person to ever have that experience.
He was pretty surprised when we called him that night to tell him that story.
Morris and I were close for a lot
of reasons. I didn’t know him as a child. I think that we were close largely
because we both had a lot to live up to. We both had a legacy to live up to. I
remember hugging him that last day and telling him that he did his dad proud.
When Burt Leland died and I gave a speech on this floor about Burton and my dad
and Morris’ dad, at a tiki bar looking down at their sons and how proud they
were of the work they were doing and having a beer for us. And Morris never
made it to Gulf Shores, Alabama but I can tell you right now he’s up in heaven
at that tiki bar having a beer with my dad and his dad, giving him a hug for
the first time in a long time and remembering that tomorrow is never promised.
God bless my friend Morris Hood.
God bless this body. God bless all of you. And I ask for a moment of silence
for my friend, Morris Hood; the second one that he’ll receive in this body. May
God bless him and take him.
A moment of silence was observed
in memory of Morris Hood III, former member of the Senate and House of
Representatives.
By
unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator
MacGregor moved that the Senate proceed to consideration of the following bill:
Senate Bill No. 887
The
motion prevailed.
The
following bill was read a third time:
Senate Bill No. 887, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 301a and 681a.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
142 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: President
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
Senate Bill No. 888, entitled
A bill to amend 1941 PA 122, entitled “An act
to establish the revenue collection duties of the department of treasury; to
prescribe its powers and duties as the revenue collection agency of this state;
to prescribe certain powers and duties of the state treasurer; to establish the
collection duties of certain other state departments for money or accounts owed
to this state; to regulate the importation, stamping, and disposition of
certain tobacco products; to provide for the transfer of powers and duties now
vested in certain other state boards, commissions, departments, and offices; to
prescribe certain duties of and require certain reports from the department of
treasury; to provide procedures for the payment, administration, audit,
assessment, levy of interests or penalties on, and appeals of taxes and tax
liability; to prescribe its powers and duties if an agreement to act as agent
for a city to administer, collect, and enforce the city income tax act on
behalf of a city is entered into with any city; to provide an appropriation; to
abolish the state board of tax administration; to prescribe penalties and
provide remedies; and to declare the effect of this act,” by amending sections
24 and 30 (MCL 205.24 and 205.30), section 24 as amended by 2003 PA 201 and
section 30 as amended by 2016 PA 267.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
143 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: President
The
Senate agreed to the title of the bill.
The
following bill was read a third time:
Senate Bill No. 889, entitled
A bill to amend 1964 PA 284, entitled “City
income tax act,” (MCL 141.501 to 141.787) by adding sections 40 and 80 to
chapter 2.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No.
144 Yeas—38
Alexander Geiss MacGregor Santana
Ananich Hertel McBroom Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt VanderWall
Bullock LaSata Outman Victory
Bumstead Lauwers Polehanki Wojno
Chang Lucido Runestad Zorn
Daley MacDonald
Nays—0
Excused—0
Not
Voting—0
In The
Chair: President
The
Senate agreed to the title of the bill.
By
unanimous consent the Senate returned to the order of
Statements
The
motion prevailed.
Senator Horn’s statement is as follows:
I
wanted to stand up and talk about a friend, Senator Mo Hood. My comments won’t
be very long, Mr. President. I just wanted to kind of put an exclamation point
on the human being that he was. My friend from Genesee County began to talk
about him as a human being in this body. When I lost my little Zellie, he was
one of a few people who came up. He never said a word; just gave me a big hug.
He knew what it was like to lose somebody. He knew what it was like to be a
friend. Sometimes you don’t have to say a word; you just have to be there. When
he talked about tomorrows not being promised for us, it gave me pause to think
about that, and I grew that conversation just a little bit when I did my social
media posts about the grief my family was feeling, and it came to me that
yesterday is just a lesson to be learned and that today is a gift that we live,
and that tomorrows are never promised to us. I owe that thinking to Senator Mo
Hood and I thank him for that, and I do pray that God lifts him up and brings
him home.
Senator Shirkey’s first statement is as
follows:
I’d like to ask for some indulgence, I’m
going to speak about two topics, and I’d like both of them to be recorded in
the Journal.
First, I’d like to share with this body
my personal experience with Mo Hood. I was two weeks in the Senate, had a topic
that I was pretty passionate about, and I knew he was in the pathway of that
topic, getting it passed, and I needed some support. So I called his office and
I made an arrangement to go meet with him in his office. I went in, and the
first thing he said to me was, “Well, what are you doing here?” I said, “Well,
I’d kind of like your input on this idea, and ask for your support, ultimately.”
He proceeded to ask me more questions about me than anybody I’d ever
experienced. And after about 40 minutes, I ran out of time, he didn’t run out
of breath, and I said, “Senator, can I come back and talk with you about the
issue that I wanted to talk about in the first place?”, and he said, “Sure.”
But the point is this: he was
interested in people. He was interested in me. He was interested in all of us.
It’s not just about remembering that tomorrow is not promised. It’s about
active listening, and Mo was as good at that as anybody I can remember. I just
want to make those comments on a very important, somber day, before I move to
comments on something that’s also very important.
Mr. President, I rise today to condemn
the individuals who have populated a number of social media posts with crude, violent, and threatening messages
about our Governor. These folks are thugs, and their tactics are
despicable. It is never OK to threaten the safety or life of another person,
elected or otherwise, period. The moment an individual or group embraces the
threat of physical violence to make a point is the moment I stop listening.
There are a number of people in our
state who are confused, frustrated, and upset about what’s going on in Michigan.
They have called our offices, sent us e-mails, they have stopped at our
districts, and they’ve even shown up on the Capitol lawn and in the building to
protest the actions of government, but they have done so without threatening
the safety of others. And we are listening to those people.
To the families who are struggling to
help teach children while they work from home, we are listening. To the men and
women who are struggling to pay their bills, and navigate the perils of filing
for unemployment, we are listening. To the business owners who are worried
about when and how they will reopen their businesses, we are listening. To the
employees who are eager to regain their livelihoods, we are listening. To the
citizens in regions who are struggling under a one-size-fits-all government
mandate, we are listening. To the family members who cannot be with their loved
ones in their final moments, we are listening. We are listening to the many,
many voices who are questioning our Governor and the one-size-fits-all
heavy-handed blunt force instrument of government that has been used to stifle
our ability to make progress from living in fear, towards learning to live
with, this insidious virus. We are listening to the citizens who redress the
government in productive ways, and are seeking actions in response to their
calls. To those folks that I’ve just listed, we are listening, and we are
taking action.
Senator
Polehanki’s statement is as follows:
I rise
to ask my colleagues to support a Senate resolution which has been submitted to
the enrolling clerks today and which will be read into the record on Wednesday.
This resolution urges the Michigan Capitol Commission to prohibit firearms at
the Michigan State Capitol.
Yesterday,
despite the Capitol Commission asking for and receiving a formal ruling from
Attorney General Nessel stating that the commission has full legal
authority to prohibit firearms at the Capitol, the commission squandered this
opportunity. So here we are today, forced to give floor speeches and to vote on
behalf of our constituents with the potential of heavily-armed men looming just
feet above us, in that balcony right there while the commission studies the
issue.
Twelve
days ago, men in combat gear with rifles around their necks taunted us, and the
world saw it and the world was aghast. In the words of our colleague from the
3rd Senate District, “What kind of Michigan are we promoting?” Is this what we
want people from around the world to see in Michigan? We support both First and
Second Amendment rights here in Michigan, but intimidating legislators, staff,
and visitors—many of whom are children—intimidating with guns is an affront to
the democratic process.
Among
our Midwest neighbors, Michigan is the only state of 13 that does not place any
restrictions on firearms in capitol buildings. The state’s chief law
enforcement officer has weighed in on this issue, along with Michiganders and
concerned residents from across the nation. Even the United States Supreme
Court has had a say in this issue. Back in 2008, Justice Antonin Scalia
delivered the Court’s opinion in District
of Columbia v. Heller, that the Court also respected “laws forbidding the
carrying of firearms in sensitive places such as schools and government
buildings.” So, no more deliberation. There is nothing more to study. The
Capitol Commission must act now to prohibit guns in the Capitol to avoid a
catastrophic incident.
Before
I close, Mr. President, right now I would like to be working on supporting my
constituents, many of whom are suffering during this pandemic, by passing bills
to expand paid sick leave, support the unemployed, and providing PPE to local
governments and first responders, not having to give this floor speech begging
for the Capitol Commission to keep us safe from armed men in our workplace. It
is worth asking this again—what kind of Michigan is this?
Senator
Shirkey’s second statement is as follows:
Just a
couple of quick comments. I’ve been on very clear record calling out the
activities and the behaviors of a very small portion of protestors who have, in
my mind, misbehaved with their guns on this Capitol lawn and in this Capitol
Building. But I don’t think we should stand cowardly behind the Capitol
Commission, and right now, I’m calling upon our Governor and our Attorney
General in those situations where it appears that they’ve breached the line of
brandishing that those individuals be properly handcuffed, properly taken in,
fingerprinted, and given a very long-standing photo that they can frame at
home. This is not us standing cowardly behind the Capitol Commission. Law
enforcement needs to take this upon their own hands, and when those brandishing
activities occur, they need to be addressed. I’m calling on the Attorney
General and the Governor to do so, with the cooperation of the Michigan State
Police.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills were printed and filed on
Thursday, May 7, and are available on the Michigan Legislature website:
Senate
Bill Nos. 910 911
House
Bill No. 5766
Appropriations
- Wednesday, May 13, 11:00 a.m., Senate
Hearing Room, Boji Tower (517) 373-5307
Oversight -
Wednesday, May 13, 8:30 a.m., Room 403, Capitol Building (517) 373-5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:38 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, May 13, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate