STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, June 2, 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 Curtis Hertel, Jr. of the 23rd
District offered the following invocation:
God,
our nation is hurting. Our state is hurting. This body is hurting. I ask for
healing of both our hearts and our minds; that we remember that all of us were
created in Your image; of the overall message of Your Son and all the world’s
religions are a message of peace and understanding; that love of thy neighbor
is the Golden Rule. In these difficult times, grant us grace. Grant us the
heart of a servant. Grant us the humbleness to remember that we are not
important people, but have important jobs. Grant us the ability to forgive; to
remove the malice from our hearts. Give us the wisdom to realize we are not
always right and the courage to admit when we are wrong and to ask for
forgiveness. Lord, we remember our brothers and sisters who have gone to your
rest, especially George Floyd, Morris Hood, Isaac Robinson, and Waldis Johnson.
Lord, please provide their families with peace and justice. Let us remember,
the long arc of history bends towards justice. Lord, let that arc grow shorter.
Let our nation heal and give all of our leaders the wisdom and modesty to aid
that healing.
We ask
this and pray in the name of the Father, the Son, and the Holy Spirit. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
McBroom entered the Senate Chamber.
Senator
Chang moved that Senators Ananich and Hollier be temporarily excused from
today’s session.
The motion prevailed.
The motion prevailed, a majority of the
members serving voting therefor.
The following communication was
received:
Office of Senator Dayna Polehanki
May 29, 2020
Per Senate Rule (1.110(C)), I am
requesting that my name be added as a co-sponsor to Senate Bill 945, which was
introduced on May 29, 2020, by Senator Jeff Irwin, and has been referred to the
committee in Judiciary and Public Safety.
Sincerely,
Dayna
Polehanki
State
Senator
Senate
District 7
The communication was referred to
the Secretary for record.
The following communication was
received:
Office of Senator Jim Ananich
June 2, 2020
Pursuant to the Rule, please add
my name as a cosponsor to Senate Bill 945 (Sen. Irwin).
Please do not hesitate to contact
me if you have any questions.
Sincerely,
Jim
Ananich
Minority
Leader
27th
District
S-105
Capitol Building
Lansing,
Michigan
The communication was referred to
the Secretary for record.
The following message from the Governor
was received on May 29, 2020, and read:
EXECUTIVE ORDER
No. 2020-106
Establishing
deadline to redeem property for
nonpayment of delinquent property taxes
Rescission
of Executive Order 2020-14
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the 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.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are likely to be appealed.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
The home provides a key piece of
protection against the COVID-19 pandemic. In order to avoid losing their homes,
homeowners whose residences are subject to tax forfeiture must make redemption
payments with the county treasurer. Yet requiring county treasury employees to
report to work in person would increase the risks of COVID-19 transmission. In
order to limit in-person work and physical interactions, it is therefore
reasonable and necessary to temporarily suspend rules and procedures to extend
the deadline for redemption of property foreclosed for nonpayment of delinquent
property taxes.
Executive Order 2020-14 provided
this relief by extending the tax foreclosure redemption deadline to May 29,
2020. Because the risk of COVID-19 transmission via in-person work persists, it
has become reasonable and necessary to further extend this deadline.
With this order, Executive Order
2020-14 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. The deadline by which property forfeited to a
county treasurer may be redeemed is extended from March 31, 2020 to June 29,
2020. This extended deadline does not apply to property already subject to a
court order providing a deadline later than June 30, 2020.
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 courts to amend orders of foreclosure
issued in 2020 under subsection 5 of section 78k of the General Property Tax
Act, MCL 211.78k(5), in a manner consistent with this order. Strict compliance
with section 78k is temporarily suspended to the extent necessary to permit
circuit courts to amend orders of foreclosure consistent with this order.
3. Executive Order 2020-14 is rescinded.
4. This order is effective immediately upon
issuance.
Given under my hand and the Great
Seal of the State of Michigan.
Date: May 28, 2020
Time: 8:11 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 29, 2020, and read:
EXECUTIVE ORDER
No. 2020-107
Department
of Labor and Economic Opportunity
Michigan
Workforce Development Board
Rescission
of Executive Order 2015-11
To ensure Michigan workers can
acquire the skills and credentials they need to secure and advance in jobs with
family-sustaining wages, and to ensure Michigan’s job providers have access to
the skilled workers they need to succeed in a global economy, Michigan must
strengthen the quality and labor market relevance of its workforce through
investment, education, and economic development efforts. Achieving this requires
the alignment of these efforts to support a comprehensive, accessible, and
high-quality workforce development system.
Section 101 of chapter 1 of the
Workforce Innovation and Opportunity Act, Public Law 113-128, as amended, 29
USC 3101 to 3361 (the “WIOA”), requires the governor to establish a state
workforce development board. 29 USC 3111(a).
Executive Order 2015-11
established the former Governor’s Talent Investment Board within the Michigan
Talent Investment Agency as Michigan’s workforce development board. That order
was amended by Executive Order 2018-13, which renamed the board the Michigan
Future Talent Council, transferred the Council to the Department of Talent and
Economic Development, and altered the Council’s membership and responsibilities.
Under Executive Reorganization Order 2019-3, the Department of Talent and
Economic Development was renamed the Department of Labor and Economic
Opportunity.
Changes in the structure and
operation of Michigan’s workforce development board are necessary to reflect
the current organizational structure of the state government, to comply with
federal law, and to better address the employment and skill needs of Michigan’s
workers and job providers. The United States Department of Labor has approved
the composition of Michigan’s workforce development board as described in this
order.
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 8 of article 5 of the
Michigan Constitution of 1963 obligates the governor to take care that the laws
be faithfully executed.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creating
the Michigan Workforce Development Board
(a) The Michigan Workforce Development Board (the
“Board”) is created as an advisory body within the Department of Labor and
Economic Opportunity (the “Department”), and is designated as the state
workforce development board required by section 101 of the WIOA, 29 USC 3111,
and includes the following members:
(1) The governor, or the governor’s designee.
(2) One member of the Michigan House of
Representatives, appointed by the governor from a list of three candidates
submitted by the speaker.
(3) One member of the Michigan Senate, appointed by
the governor from a list of three candidates submitted by the majority leader.
(4) The director of the Department, or the
director’s designee from within that Department.
(5) The following members appointed by the
governor:
(A) Twelve
residents of this state representing businesses in Michigan. Each member must
be an owner of a business, a chief executive or operating officer of a
business, or other business executive or employer with optimum policy-making or
hiring authority. These members must include:
(i) A small business owner.
(ii) A member representing manufacturing business
enterprises.
(iii) A member representing mobility business
enterprises.
(iv) A member representing minority-owned business
enterprises.
(v) A member representing female-owned business
enterprises.
(vi) A member representing business enterprises
employing veterans, returning citizens, or persons with disabilities.
(vii) A member representing business who is also a
member of the Michigan Economic Development Corporation Board.
(viii) Five other members.
(B) Three
residents of this state representing the workforce and general labor in
Michigan.
(C) Five
other residents of this state, including all of the following:
(i) A director of a Michigan high school career and
technical education program, including high school instructional programs that
teach students skills in a specific career clusters and prepare students so
they have the necessary academic, technical, and work behavior skills to enter,
compete, and advance in education and in their careers.
(ii) An apprenticeship coordinator of a joint
labor-management apprenticeship program.
(iii) One chief elected official of a city or county
in this state, or the chief elected official’s designee.
(iv) One president of a community college district
organized under the Community College Act of 1966, 1966 PA 331, as amended, MCL
389.1 to 389.195.
(v) One president of an institution of higher
education described in or established pursuant to section 5 or 6 of article
8 of the Michigan Constitution of 1963.
(6) One non-voting member of the Michigan House of
Representatives, appointed by the governor from a list of three candidates
submitted by the house minority leader.
(7) One non-voting member of the Michigan Senate,
appointed by the governor from a list of three candidates submitted by the
senate minority leader.
(b) The members of the Board appointed under
section 1(a)(5) of this order must represent diverse geographic areas of this
state, including urban, rural, and suburban areas.
(c) No member of the Board may serve as a member
representing more than one of the following:
(1) The category described in section 1(a)(5)(A) of
this order.
(2) The category described in section 1(a)(5)(B) of
this order.
(3) The category described in section 1(a)(5)(C) of
this order.
(d) At least one of the members appointed under
section 1(a)(5)(A) of this order must represent a small business as defined by
the United States Small Business Administration.
(e) To encourage coordination and cooperation
between the Board and the Michigan Economic Development Corporation, and the
more effective alignment of workforce and economic development efforts in this
state, at least one of the Board members appointed under section 1(a)(5)(A) of
this order must also be a member of the executive committee of the Michigan
Economic Development Corporation.
(f) A member representing an organization described
in section 1(a)(5)(B) or 1(a)(5)(C) of this order must be an individual with
optimum policy-making authority in the organization or for the core program
that they represent. For purposes of this section 1, an individual with optimum
policy-making authority is an individual who can reasonably be expected to
speak affirmatively on behalf of the entity he or she represents and to commit
that entity to a chosen course of action.
(g) The Board members initially appointed under
section 1(a)(2) and 1(a)(6) of this order must be appointed for a term expiring
on January 1, 2021. After the initial appointment, the Board members appointed
under section 1(a)(2) and 1(a)(6) of this order must be appointed for a term of
two years, concurrent with the two-year term for a member of the Michigan House
of Representatives. The Board member initially appointed under section 1(a)(3)
and 1(a)(7) of this order must be appointed for a term expiring on January 1,
2023. After the initial appointment, the Board member appointed under section
1(a)(3) and 1(a)(7) of this order must be appointed for a term of four years,
concurrent with the four-year term for a member of the Michigan Senate.
(h) Of the Board members appointed under section
1(a)(5) of this order, five members must be appointed for a term of four years,
five members must be appointed for a term of three years, five members must be
appointed for a term of two years, and five members must be appointed for a
term of one year. After the initial appointments, a member of the Board
appointed under section 1(a)(5) of this order must be appointed for a term of four
years.
(i) The director of the Department must notify the
governor of a vacancy on the Board. A vacancy on the Board created other than
by the expiration of the term of a member of the Board will be filled in the
same manner as the original appointment, for the remainder of the unexpired
term. A member of the Board may be reappointed for additional terms.
(j) The governor must designate a member of the
Board appointed under section 1(a)(5)(A) of this order to serve as chairperson
of the Board at the pleasure of the governor. The Board must elect a
vice-chairperson from among its members. The vice-chairperson must act as
chairperson when the chairperson of the Board is absent.
2. Charge
to the Board
(a) The Board is an advisory body and must assist
the governor with all of the following:
(1) The development, implementation, and
modification of Michigan’s four-year unified state plan pursuant to the WIOA,
29 USC 3112.
(2) Consistent with section 2(a)(1) of this order,
the review of statewide policies, of statewide programs, and of recommendations
on actions that should be taken by this state to align workforce development
programs in Michigan in a manner that supports a comprehensive and streamlined
workforce development system in Michigan, including the review and provision of
comments on the state plans, if any, for programs and activities of one-stop
partners that are not core programs.
(3) The development and continuous improvement of
the workforce development system in Michigan, including all of the following:
(A) The
identification of barriers and means for removing barriers to better
coordinate, align, and avoid duplication among the programs and activities
carried out through the system.
(B) The
development of strategies to support the use of career pathways for the purpose
of providing individuals, including low-skilled adults, youth, and individuals
with barriers to employment (including individuals with disabilities), with
workforce investment activities, education, and supportive services to enter or
retain employment.
(C) The
development of strategies for providing effective outreach to and improved
access for individuals and employers who could benefit from services provided
through the workforce development system.
(D) The
development and expansion of strategies for meeting the needs of employers,
workers, and jobseekers, particularly through industry or sector partnerships
related to in-demand industry sectors and occupations.
(E) The
identification of regions, including planning regions, for the purposes of
section 106(a) of the WIOA, 29 USC 3121(a), and the designation of local areas
under section 106 of the WIOA, 29 US 3121, after consultation with
local boards and chief elected officials.
(F) The
development and continuous improvement of the one-stop delivery system in local
areas, including providing assistance to local boards, one-stop operators,
one-stop partners, and providers with planning and delivering services,
including training services and supportive services, to support effective
delivery of services to workers, jobseekers, and employers.
(G) The
development of strategies to support staff training and awareness across
programs supported under the workforce development system.
(4) The development and updating of comprehensive
performance accountability measures for this state, including state-adjusted
levels of performance, to assess the effectiveness of the core programs in
Michigan, as required under section 116(b) of the WIOA, 29 USC 3141(b).
(5) The identification and dissemination of
information of best practices, including best practices for all of the
following:
(A) The
effective operation of one-stop centers, relating to the use of business
outreach, partnerships, and service delivery strategies, including strategies
for serving individuals with barriers to employment.
(B) The
development of effective local boards, which may include information on factors
that contribute to enabling local boards to exceed negotiated local levels of
performance, sustain fiscal integrity, and achieve other measures of
effectiveness.
(C) Effective
training programs that respond to real-time labor market analysis that
effectively use direct assessment and prior learning assessment to measure an
individual’s prior knowledge, skills, competencies, and experiences, and that
evaluate the skills and competencies for adaptability to support efficient
placement into employment or career pathways.
(6) The development and review of statewide
policies affecting the coordinated provision of services through this state’s
one-stop delivery system described in section 121(e) of the WIOA, 29 USC
3151(e), including the development of all of the following:
(A) Objective
criteria and procedures for use by local boards in assessing the effectiveness
and continuous improvement of one-stop centers described in 121(g) of the WIOA,
29 USC 3151(g);
(B) Guidance
for the allocation of one-stop center infrastructure funds under section 121(h)
of the WIOA, 29 USC 3151(h).
(C) Policies
relating to the appropriate roles and contributions of entities carrying out
one-stop partner programs within the one-stop delivery system, including
approaches to facilitating equitable and efficient cost allocation in the
system.
(7) The development of strategies for technological
improvements to facilitate access to, and improve the quality of, services and
activities provided through the one-stop delivery system, including the
improvements to do all of the following:
(A) Enhance
digital literacy skills as defined in section 202 of the Museum and Library
Service Act, Public Law 94-462, as amended, 20 USC 9101.
(B) Accelerate
the acquisition of skills and recognized postsecondary credentials by
participants.
(C) Strengthen
the professional development of providers and workforce professionals.
(D) Ensure
technology is accessible to individuals with disabilities and individuals
residing in remote areas.
(8) The development of strategies for aligning
technology and data systems across one-stop partner programs to enhance service
delivery and improve efficiencies in reporting on performance accountability
measures, including the design and implementation of common intake, data
collection, case management information, and performance accountability
measurement and reporting processes and the incorporation of local input into
such design and implementation, to improve coordination of services across
one-stop partner programs.
(9) The development of allocation formulas for the
distribution of money for employment and training activities for adults, and
for youth workforce investment activities, to local areas as permitted under
sections 128(b)(3) and 133(b)(3) of the WIOA, 29 USC 3163(b)(3) and 29 USC
3173(b)(3).
(10) The development of strategies to ensure
engagement of stakeholders from the state’s vocational rehabilitation program
and activities under the Rehabilitation Act of 1973, as amended by title IV of
WIOA.
(11) The preparation of the annual reports described
in paragraphs (1) and (2) of section 116(d) of the WIOA, 29 USC 3141(d).
(12) The development of the statewide workforce and
labor market information system described in section 15(e) of the
Wagner-Peyser Act, Public Law 73-30, as amended, 29 USC 49l–2(e).
(13) The development of other policies to promote
statewide objectives for, and enhance the performance of, the workforce
development system in the state.
(b) The Board must perform other functions and
responsibilities required of the Board under WIOA.
(c) When exercising its duties under this order,
the Board may provide policy advice across workforce areas, including
traditional adult workforce development, community colleges, career and
technical education, and workforce elements of economic development.
(d) The Board must actively participate in convening
Michigan’s workforce development system’s stakeholders, brokering relations
with a diverse range of employers, and leveraging support for workforce
development activities.
(e) As requested by the governor or the director of
the Department, the Board must advise the governor and the director of the
Department regarding policies in workforce development, adult education, career
and technical education, community colleges, and the workforce elements of
economic development. When exercising its duties under this order, the Board
must endeavor to develop a unified state policy dialogue involving local
workforce development boards, universities, community colleges, K-12 schools
and other key stakeholders.
(f) The Board must provide other information,
advice, or assistance as requested by the governor or the director of the
Department.
3. Board
Operations
(a) The Department must assist the Board in the
performance its duties and provide personnel to staff the Board. The budgeting,
procurement, and related management functions of the Board will be performed
under the direction and supervision of the director of the Department.
(b) The director of the Department must ensure
adequate representation of all core programs within the Department by
consulting regularly with each lead administrator for a core program within the
Department and providing each lead administrator an opportunity for input into
Michigan’s state plan or other workforce development policy efforts.
(c) The Board must adopt procedures consistent with
the WIOA, Michigan law, and this order governing its organization and
operations.
(d) A member of the Board may not vote by proxy.
Except as otherwise expressly provided in this order, a member of the Board may
not designate an alternate to participate in Board meetings during the member’s
absence.
(e) A member of the Board must not vote on a matter
under consideration by the Board regarding the provision of services, or by an
entity the member represents, or on a matter that would provide direct financial
benefit to the member or the immediate family of the member. A member of the
Board must not engage in any other activity determined by the governor to
constitute a conflict of interest, as specified in Michigan’s state plan.
(f) The Board must comply with the Freedom of
Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(g) The Board must make available to the public on
a regular basis, through electronic means and open meetings information
regarding the activities of the Board, including information relating to
Michigan’s state plan, or a modification of Michigan’s state plan, before
submission of the state plan or modification, information regarding membership
of the Board, and upon request, minutes of the meetings of the Board.
(h) A majority of the members of the Board serving
constitutes a quorum for the transaction of the business of the Board. The
Board must act by a majority vote of its serving members.
(i) The Board must meet at the call of its
chairperson and as otherwise provided in procedures adopted by the Board.
(j) The Board must use technology, including
telecommunications and web-based meetings, to promote participation by Board
members.
(k) The Board may establish advisory workgroups
composed of individuals or entities participating in Board activities or other
members of the public as deemed necessary by the Board to assist the Board in
performing its duties and responsibilities. The Board may adopt, reject, or
modify any recommendations proposed by an advisory workgroup.
(l) The
Board may, as appropriate, make inquiries, studies, investigations, hold
hearings, and receive comments from the public. The Board may also consult with
outside experts in order to perform its duties, including, but not limited to,
experts in the private sector, organized labor, government agencies, and at
institutions of higher education.
(m) Members of the Board must not receive
additional compensation for participation on the Body. Members of the Board may
receive reimbursement for necessary travel and expenses consistent with
applicable law, rules, and procedures, subject to available funding.
(n) The Board may hire or retain contractors,
sub-contractors, advisors, consultants, and agents, and may make and enter into
contracts necessary or incidental to the exercise of the powers of the Board
and the performance of its duties as the Director deems advisable and
necessary, in accordance with this order and applicable law, rules, and
procedures, subject to available funding.
(o) The Board may hire a director (the “Workforce
Development Board Director”) or other staff to assist the Board in carrying out
the functions described in section 2(a) using money available as described in
section 129(b)(3) or 134(a)(3)(B)(i) of the WIOA, 29 USC 3164(b)(3) or
3174(a)(3)(B)(i). Subject to any applicable rules or regulations of the Civil
Service Commission, the Board must establish a set of objective qualifications
for the position of Workforce Development Board Director, to ensure that the
individual selected as the Workforce Development Board Director has the
requisite knowledge, skills, and abilities to meet identified benchmarks and to
assist the Board in effectively carrying out the functions of the Board. The
Workforce Development Board Director and other Board staff described in this
section 3(o) are subject to the limitations on the payment of salary and
bonuses described in section 194(15) of the WIOA, 29 USC 3254(15).
(p) The Board may be funded with money available
under sections 129(b)(3) or 134(a)(3)(B) of the WIOA, 29 USC 3164(b)(3) or
3174(a)(3)(B), and non-federal money as appropriated and available for that
use.
(q) The Board may accept donations of labor,
services, or other things of value from any public or private agency or person.
Any donations must be received and used in accordance with law.
(r) Members of the Board must refer all legal,
legislative, and media contacts to the Department.
4. Rescission
of Executive Order 2015-11
(a) Executive Order 2015-11, as amended by Executive
Order 2018-13, is rescinded. The Michigan Future Talent Council is abolished.
5. Definitions
(a) As used in this order:
(1) “Civil Service Commission” means the commission
provided for by section 5 of article 11 of the Michigan Constitution of 1963.
(2) “Department of Labor and Economic Opportunity”
means the principal department of state government created by Executive Order
2019-13, MCL 125.1998.
(3) “Michigan Economic Development Corporation”
means the public body corporate created pursuant to section 28 of article 7 of
the Michigan Constitution of 1963 and the Urban Cooperation Act of 1967, 1967
(Ex Sess) PA 7, as amended, MCL 124.501 to 124.512, between the Michigan
Strategic Fund and local participating economic development corporations formed
under the Economic Development Corporations Act, 1974 PA 338, as amended, MCL
125.1601 to 125.1636, dated April 5, 1999, as amended and restated.
(b) As used in this order, the following terms have
the meaning as defined in section 3 of the WIOA, 29 USC 3102: “adult”;
“adult education”; “career and technical education”; “career pathway”; “chief
elected official”; “core program”; “employment and training activity”;
“in-demand industry sector or occupation”; “individuals with disabilities”;
“industry or sector partnership”; “local area”; “local board”; “one-stop”;
“one-stop center”; “one-stop operator”; “one-stop partner”; “one-stop partner
program”; “planning region”; “recognized postsecondary credential”; “region”;
“state plan”; “supportive services”; “training services”; “veteran”; “workforce
development system”; “workforce investment activity”; and “youth workforce
investment activity.”
6. Implementation
(a) All departments, agencies, committees,
commissioners, or officers of this state, or of any political subdivision of
this state, must give to the Board, or to any member or representative of the
Board, any necessary assistance required by the Board, or any member or
representative of the Board, in the performance of the duties of the Board so
far as is compatible with its, his, or her duties. Free access also must be
given to any books, records, or documents in its, his, or her custody relating
to matters within the scope of inquiry, study, or review of the Board.
(b) This order is not intended to abate a
proceeding commenced by, against, or before an entity affected by this order. A
proceeding may be maintained by, against, or before the successor of any entity
affected under this order.
(c) If any portion of this order is found to be
unenforceable, the rest of the order remains in effect.
(d) This order is effective upon signing.
Given
under my hand and the great seal of the State of Michigan.
Date: May 29, 2020
Time: 12:00 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 June 1, 2020, and read:
EXECUTIVE ORDER
No. 2020-108
Temporary
restrictions on entry into health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities
Rescission
of Executive Order 2020-72
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in response
to the widespread and severe health, economic, and social harms posed by the
COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded on
Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the 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.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are likely to be appealed.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to preserve
the rights and protections provided by the EMA. The EMA vests the governor with
broad powers and duties to “cop[e] with dangers to this state or the people of
this state presented by a disaster or emergency,” which the governor may
implement through “executive orders, proclamations, and directives having the
force and effect of law.” MCL 30.403(1)–(2). This executive order falls within
the scope of those powers and duties, and to the extent the governor may
declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
has not granted an extension request, they too provide a sufficient legal basis
for this order.
To mitigate the spread of
COVID-19 and to provide essential protections to vulnerable Michiganders and to
this state’s health care system and other critical infrastructure, it is
reasonable and necessary to impose limited and temporary restrictions on the
entry of individuals into health care facilities, residential care facilities,
congregate care facilities, and juvenile justice facilities.
Executive Order 2020-72 imposed
such restrictions. In light of the ongoing risk to residents and employees of
those facilities, it is reasonable and necessary to extend the duration of
those restrictions, and empower the Director of the Department of Health and
Human Services to create exceptions to those restrictions as circumstances
permit. With this order, Executive Order 2020-72 is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Except as otherwise provided by the order of
the Director of the Department of Health and Human Services (DHHS), all health
care facilities, residential care facilities, congregate care facilities, and
juvenile justice facilities must prohibit from entering their facilities any
visitors that: are not necessary for the provision of medical care, the support
of activities of daily living, or the exercise of power of attorney or
court-appointed guardianship for an individual under the facility’s care; are
not a parent, foster parent, prospective adoptive parent, or guardian of an
individual who is 21 years of age or under and who is under the facility’s
care; are not visiting an individual under the facility’s care that is in
serious or critical condition or in hospice care; and are not visiting under
exigent circumstances or for the purpose of performing official governmental
functions.
2. All health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities must
perform a health evaluation of all individuals that are not under the care of
the facility each time the individual seeks to enter the facility, and must
deny entry to those individuals who do not meet the evaluation criteria. The
evaluation criteria must include, at a minimum, symptoms of a respiratory
infection, such as fever, cough, or shortness of breath; contact in the last 14
days with someone with a confirmed diagnosis of COVID-19; and other criteria
specified by the Director of DHHS.
3. Any staff member or visitor of a residential
care facility, congregate care facility, or juvenile justice facility must wear
a covering over his or her nose and mouth when indoors or within six feet of
another person.
4. While the restrictions of this order are in
place, all health care facilities, residential care facilities, congregate care
facilities, and juvenile justice facilities must make best efforts to
facilitate visitations with individuals under their care by phone or other
electronic communication platforms to the fullest extent possible, consistent
with normal visitation policies.
5. For purposes of this order, “residential care
facilities” includes, but is not limited to, homes for the aged, nursing homes,
adult foster care facilities, hospice facilities, substance abuse disorder
residential facilities, independent living facilities, and assisted living
facilities.
6. The Director of DHHS may issue orders and
directives to implement this order, including to specify exceptions to section
1 of this order, and to specify additional evaluation criteria under section 2
of this order.
7. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order shall constitute a misdemeanor.
8. Executive Order 2020-72 is rescinded.
9. This order is effective immediately and
continues through June 26, 2020 at 11:59 p.m.
Given under my hand and the Great
Seal of the State of Michigan.
Date: May 29, 2020
Time: 8:11 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 June 1, 2020, and read:
EXECUTIVE ORDER
No. 2020-109
Temporary
safety measures for food-selling establishments and pharmacies and
temporary relief from requirements applicable to the renewal of licenses
for the
food-service industry
Rescission
of Executive Order 2020-71
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the 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.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of authority
under the Emergency Powers of the Governor Act but that Executive Order 2020-68
is not a valid exercise of authority under the Emergency Management Act. Both
of those rulings are likely to be appealed.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the governor
may implement through “executive orders, proclamations, and directives having
the force and effect of law.” MCL 30.403(1)–(2). This executive order falls
within the scope of those powers and duties, and to the extent the governor may
declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
has not granted an extension request, they too provide a sufficient legal basis
for this order.
The COVID-19 pandemic has created
the risk of COVID-19 exposure in food-selling establishments and pharmacies.
Given the need to protect employees and the public from exposure to COVID-19,
it is necessary and reasonable to impose standards for food-selling
establishments and pharmacies to reduce the risk of COVID-19 exposure and
disease transmission. In addition, the COVID-19 pandemic has placed an
immediate and unprecedented strain on Michigan’s food service industries, local
health departments, and the Michigan Department of Agriculture and Rural
Development (MDARD). Given the additional workload of local health departments
and MDARD due to the COVID-19 pandemic, and given these agencies’ statutorily
defined role in the renewal of licenses for the food service industry, it is
also necessary and reasonable to provide limited and temporary relief from
certain licensing requirements and regulations.
Executive Order 2020-71 provided
the protections and relief described above. This order extends and modifies
those protections and relief in light of current conditions, as it remains
necessary and reasonable to limit exposure to COVID-19 in food-selling
establishments.
With this order, Executive Order
2020-71 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Any individual who enters a food-selling
establishment or pharmacy who is 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.
2. Grocery stores and pharmacies must 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 people, and those
with chronic conditions, including heart disease, diabetes, and lung disease.
3. Food-selling establishments and pharmacies must
deploy strategies to reduce COVID-19 exposure for their customers and employees
consistent with the strategies described in Executive Order 2020-97 or any
order that follows from it, as well as the following:
(a) Provide access to handwashing facilities,
including those available in public restrooms;
(b) Require checkout employees to wear coverings
over their noses and mouths, such as homemade masks, scarves, bandanas, or
handkerchiefs;
(c) Allow employees sufficient break time to wash
hands as needed;
(d) Use best efforts to ensure checkout employees
to disinfect their hands between orders to prevent cross-contamination;
(e) Use best efforts to provide employees and
customers access to an alcohol-based hand sanitizer that contains at least 60%
alcohol, as recommended by the Centers for Disease Control and Prevention
(CDC);
(f) Use best efforts to provide disinfecting wipes
at cash registers and entrance points for customers to disinfect carts and
baskets, as well as at other appropriate locations;
(g) Ensure that both employees and customers remain
at least six feet apart to the maximum extent possible, including during
employee breaks, for example by reviewing floor plans, creating temporary
barriers, designating aisles as one-way only, and demarcating queueing
distances;
(h) Close self-serve prepared food stations such as
salad bars;
(i) Eliminate free samples and tasting stations;
(j) Adopt procedures to meet the environmental
cleaning guidelines set by the CDC, including by cleaning and disinfecting
frequent touchpoints throughout the day such as point of sale terminals at
registers, shopping carts, and shopping baskets;
(k) Prohibit employees who are sick from reporting
to work and send employees home if they display symptoms of COVID-19. Employees
who test positive for COVID-19 or who display one or more of the principal
symptoms of COVID-19 should follow the procedures of Executive Order 2020-36 or
any order that follows from it;
(l) Accommodate
employees who fall within a vulnerable population by providing lower-exposure
work assignments or giving them the option to take an unpaid leave of absence
with a return date coinciding with the end of the declared states of emergency
and disaster, or May 21, 2020, whichever is later. Nothing in this executive
order abrogates any right to disability benefits. Employees who take an unpaid
leave of absence as described in this subsection are encouraged to apply for
unemployment benefits;
(m) Close to the public for sufficient time each
night to allow stores to be properly sanitized;
(n) Encourage cash transactions to be processed at
self-checkout kiosks when possible; and
(o) Develop and implement a daily screening
program, as described herein, for all staff upon or just prior to reporting to
work sites.
(1) The
screening procedures must include the following questions:
(A) Do
you have any of the following symptoms?
(i) Fever of 100.4 degrees or higher (as measured
by a touchless thermometer if available, but a verbal confirmation of lack of
fever is sufficient if a touchless thermometer is not available);
(ii) Cough (excluding chronic cough due to a known
medical reason other than COVID-19);
(iii) Shortness of breath or difficulty breathing; or
(iv) Sore throat.
(B) Have
you travelled internationally or outside of Michigan in the last 14 days,
excluding commuting from a home location outside of Michigan? For purposes of
this order, commuting is defined as traveling between one’s home and work on a
regular basis.
(C) Have
you had any close contact in the last 14 days with someone with a diagnosis of
COVID-19?
(2) Any
affirmative response to screening questions (1)(A) or (B) above requires the
individual to be excluded:
(A) For
at least 72 hours with no fever (three full days of no fever without use of
medicine that reduces fever) and other symptoms have improved (for example,
when cough and shortness of breath have improved) and at least seven days have
passed since symptoms first appeared.
(B) Except
for necessary workers engaged in travel related to supply chain and critical
infrastructure, for 14 days following travel unless that travel was due to
commuting from a home location outside of Michigan.
(3) An
employee who provides an affirmative response to screening question (1)(C) may
be allowed to continue work at the employer’s discretion provided they remain
asymptomatic and the employer implements the following additional precautions
to protect the employee and the community:
(A) Employers
should measure the employee’s temperature and assess symptoms each day before
they start work. Ideally, temperature checks should happen before the
individual enters the facility. A touchless thermometer, or a dedicated
thermometer for the employee if not touchless, should be used. Sharing of any
thermometer other than a touchless thermometer is strictly prohibited.
(B) As
long as the employee does not have a fever or other symptoms, they should
self-monitor under the supervision of their employer’s occupational health
program or other programs in place to protect employee health and safety.
(C) If
the employee begins to experience symptoms during the day, they should be sent
home immediately.
(D) The
employee should wear a face mask at all times while in the workplace for 14
days after last exposure. Employers can issue facemasks or can approve
employees’ supplied cloth face coverings in the event of shortages.
(E) The
employee should maintain at least six feet of distance from other people as
work duties permit.
(F) Beyond
standard cleaning protocol, clean and disinfect all areas such as offices,
bathrooms, common areas, and shared electronic equipment routinely known to be
impacted by the exposed employee for 14 days after last exposure.
(4) Nothing
in this section limits the operations of first responders, health care
institutions, public health functions, pharmacies, and other entities that are
involved in the mitigation of risk during this pandemic.
4. Vendors moving between food-selling
establishments must frequently clean and disinfect frequent touch points.
5. If an employee at a food-selling establishment
tests positive for COVID-19, the establishment must notify food vendors and
other employees of the positive test result as soon as possible and in no case
later than 12 hours after receiving the test result, without revealing the
personal health-related information of any employee.
6. Strict compliance with sections 3119, 4109,
4113, and 4115 of the Food Law, 92 PA 2000, as amended, MCL 289.3119, MCL
289.4109, MCL 289.4113, and MCL 289.4115, is temporarily suspended to the
extent necessary to extend the deadline for local health departments to submit
fees under section 3119, and to extend the license and registration expiration
dates under sections 4109 and 4115, until 60 days after the end of the declared
states of emergency and disaster. Furthermore, late fees shall not be assessed
under sections 4113 or 4115 during the 2020–2021 license year.
7. Strict compliance with subsection 6137 of the
Food Law, MCL 289.6137, is suspended to the extent necessary to make a license
holder eligible for a special transitory temporary food unit for the 2020–2021
licensing year, even if the license holder received only 1 evaluation during
the 2019–2020 licensing year.
8. For the purposes of this order, “food-selling
establishments” means grocery stores, convenience stores, restaurants that sell
groceries or food available for takeout, and any other business that sells
food.
9. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order, excepting section 1 of this order, is a
misdemeanor.
10. This order is effective immediately and
continues through June 12, 2020.
11. Executive Order 2020-71 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: May 29, 2020
Time: 8:12 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 June 1, 2020, and read:
EXECUTIVE ORDER
No. 2020-110
Temporary
restrictions on certain events, gatherings, and businesses
Rescission
of Executive Orders 2020-69 and 2020-96
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that
COVID-19 had created emergency and disaster conditions across the State of
Michigan, I issued Executive Order 2020-67 to continue the emergency
declaration under the 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.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are being challenged on appeal.
On May 22, 2020, I issued
Executive Order 2020-99, again finding that the COVID-19 pandemic constitutes a
disaster and emergency throughout the State of Michigan. That order constituted
a state of emergency declaration under the Emergency Powers of the Governor Act
of 1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of emergency,
“the governor may promulgate reasonable orders, rules, and regulations as he or
she considers necessary to protect life and property or to bring the emergency
situation within the affected area under control.” MCL 10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the governor
may declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
has not granted an extension request, they too provide a sufficient legal basis
for this order.
To suppress the spread of
COVID-19, to prevent the state’s health care system from being overwhelmed, to
allow time for the production of critical test kits, ventilators, and personal
protective equipment, to establish the public health infrastructure necessary
to contain the spread of infection, and to avoid needless deaths, it was
reasonable and necessary to direct residents to remain at home or in their
place of residence to the maximum extent feasible. To that end, on March 23,
2020, I issued Executive Order 2020-21, ordering all people in Michigan to stay
home and stay safe. In Executive Orders 2020-42, 2020-59, 2020-70, 2020‑77,
2020-92, and 2020-96, I extended that initial order, modifying its scope as
needed and appropriate to match the ever-changing circumstances presented by
this pandemic.
The measures put in place by
these executive orders have been effective: the number of new confirmed cases
each day continues to drop. Although the virus remains aggressive and
persistent—on May 31, 2020, Michigan reported 57,397 confirmed cases and 5,491
deaths—the strain on our health care system has begun to relent, even as our
testing capacity has increased. We are now in the process of gradually resuming
in‑person work and activities. 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.
With this order, I find it
reasonable and necessary to move the state to Stage 4 of the Michigan Safe
Start Plan. As a result, Michiganders are no longer required to stay home.
Instead, certain businesses will remain closed and specific activities that
present a heightened risk of infection will remain prohibited. Any work that is
capable of being performed remotely must be performed remotely.
Under this order, retailers will
be allowed to resume operations on June 4. Restaurants and bars may reopen
fully on June 8. Swimming pools and day camps for kids will also be permitted
to reopen on the same day. Those businesses and activities will be subject to
safety guidance to mitigate the risk of infection. Other businesses and
activities that necessarily involve close contact and shared surfaces,
including gyms, hair salons, indoor theaters, tattoo parlors, casinos, and
similar establishments, will remain closed for the time being.
Michiganders must continue to
wear face coverings when in enclosed public spaces and should continue to take
all reasonable precautions to protect themselves, their co-workers, their loved
ones, and their communities. Indoor social gatherings and events of more than
10 people are prohibited. Outdoor social gatherings and events are permitted so
long as people maintain six feet of distance from one another and the
assemblage consists of no more than 100 people.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. For purposes of this order, Michigan comprises
eight separate regions.
(a) Region 1 includes the following counties:
Monroe, Washtenaw, Livingston, Genesee, Lapeer, Saint Clair, Oakland,
Macomb, and Wayne.
(b) Region 2 includes the following counties:
Mason, Lake, Osceola, Clare, Oceana, Newaygo, Mecosta, Isabella, Muskegon,
Montcalm, Ottawa, Kent, and Ionia.
(c) Region 3 includes the following counties:
Allegan, Barry, Van Buren, Kalamazoo, Calhoun, Berrien, Cass, Saint Joseph, and
Branch.
(d) Region 4 includes the following counties:
Oscoda, Alcona, Ogemaw, Iosco, Gladwin, Arenac, Midland, Bay, Saginaw, Tuscola,
Sanilac, and Huron.
(e) Region 5 includes the following counties:
Gratiot, Clinton, Shiawassee, Eaton, and Ingham.
(f) Region 6 includes the following counties:
Manistee, Wexford, Missaukee, Roscommon, Benzie, Grand Traverse, Kalkaska,
Crawford, Leelanau, Antrim, Otsego, Montmorency, Alpena, Charlevoix, Cheboygan,
Presque Isle, and Emmet.
(g) Region 7 includes the following counties:
Hillsdale, Lenawee, and Jackson.
(h) Region 8 includes the following counties:
Gogebic, Ontonagon, Houghton, Keweenaw, Iron, Baraga, Dickinson, Marquette,
Menominee, Delta, Alger, Schoolcraft, Luce, Mackinac, and Chippewa.
2. Any work that is capable of being performed
remotely (i.e., without the worker leaving his or her home or place of
residence) must be performed remotely.
3. Any business or operation that requires its
employees to leave their home or place of residence for work is subject to the
rules on workplace safeguards in Executive Order 2020-97 or any order that may
follow from it.
4. Any individual who leaves his or her home or
place of residence must:
(a) Follow social distancing measures recommended
by the Centers for Disease Control and Prevention (“CDC”), including remaining
at least six feet from people from outside the individual’s household to the
extent feasible under the circumstances.
(b) Wear a face covering over his or her nose and
mouth—such as a homemade mask, scarf, bandana, or handkerchief—when in any
enclosed public space, unless the individual is unable medically to tolerate a
face covering.
(1) An
individual may be required to temporarily remove a face covering upon entering
an enclosed public space for identification purposes. An individual may also
remove a face covering to eat or drink when seated at a restaurant or bar.
(2) Businesses
and building owners, and those authorized to act on their behalf, are permitted
to deny entry or access to any individual who refuses to comply with the rule
in this subsection (b). Businesses and building owners will not be subject to a
claim that they have violated the covenant of quiet enjoyment, to a claim of
frustration of purpose, or to similar claims for denying entry or access to a
person who refuses to comply with this subsection (b).
(3) 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.
(4) 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.
5. Indoor social gatherings and events among persons
not part of a single household are permitted, but may not exceed 10 people.
6. Outdoor social gatherings and events among
persons not part of a single household are permitted, but only to the extent
that:
(a) The gathering or event does not exceed 100
people, and
(b) People not part of the same household maintain
six feet of distance from one another.
7. Unless otherwise prohibited by local
regulation, outdoor parks and recreational facilities may be open, provided
that they make any reasonable modifications necessary to enable employees and
patrons not part of the same household to maintain six feet of distance from
one another, and provided that areas in which social distancing cannot be
maintained be closed, subject to guidance issued by the Department of Health
and Human Services.
8. Unless otherwise prohibited by local
regulation, public swimming pools, as defined by MCL 333.12521(d), may open as
of June 8, 2020, provided that they are outdoors and limit capacity to 50% of
the bather capacity limits described in Rule 325.2193 of the Michigan
Administrative Code, and subject to guidance issued by the Department of Health
and Human Services. Indoor public swimming pools must remain closed.
9. Day camps for children, as defined by Rule
400.11101(i) of the Michigan Administrative Code, may open as of June 8, 2020,
subject to guidance issued by the Department of Licensing and Regulatory
Affairs. Residential, travel, and troop camps within the meaning of Rule
400.11101(n), (p), or (q) of the Michigan Administrative Code must remain
closed for the time being.
10. Unless otherwise prohibited by local
regulation, libraries and museums may open as of June 8, 2020, subject to the
rules governing retail stores described in Executive Order 2020-97 or any order
that may follow from it.
11. Stores that were closed under Executive Order
2020-96 (or that were open only by appointment under the same order) must
remain closed to the public (or open only by appointment) until June 4 at 12:01
a.m. Such stores may then resume normal operations, subject to local regulation
and to the capacity constraints and workplace standards described in Executive
Order 2020-97 or any order that may follow from it.
12. Subject to the exceptions in section 14, the
following places are closed to ingress, egress, use, and occupancy by members
of the public:
(a) Indoor theaters, cinemas, and performance
venues.
(b) Indoor gymnasiums, fitness centers, recreation
centers, sports facilities, exercise facilities, exercise studios, and the
like.
(c) Facilities offering non-essential personal care
services, including hair, nail, tanning, massage, traditional spa, tattoo, body
art, and piercing services, and similar personal care services that involve
close contact of persons.
(d) 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.
(e) Indoor services or facilities, or outdoor
services or facilities involving close contact of persons, for amusement or
other recreational or entertainment purposes, such as amusement parks, arcades,
bingo halls, bowling alleys, indoor climbing facilities, indoor dance areas,
skating rinks, trampoline parks, and other similar recreational or
entertainment facilities.
13. Unless otherwise prohibited by local
regulation, restaurants, food courts, cafes, coffeehouses, bars, taverns, brew
pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special
licensees, clubs, and like places may be open to the public as follows:
(a) For delivery service, window service, walk-up
service, drive-through service, or drive-up service, and may permit up to five
members of the public at one time 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.
(b) In Regions 1, 2, 3, 4, 5, and 7, beginning at
12:01 a.m. on June 8, 2020, for outdoor and indoor seating, subject to the
capacity constraints and workplace standards described in Executive Order
2020-97 or any order that may follow from it.
(c) In Regions 6 and 8, for outdoor and indoor
seating, subject to the capacity constraints and workplace standards described
in Executive Order 2020-97 or any order that may follow from it.
14. The restrictions imposed by sections 12 and 13
of this order do not apply to any of the following:
(a) Outdoor fitness classes, athletic practices,
training sessions, or games, provided that coaches, spectators, and
participants not from the same household maintain six feet of distance from one
another at all times during such activities, and that equipment and supplies
are shared to the minimum extent possible and are subject to frequent and
thorough disinfection and cleaning.
(b) Services necessary for medical treatment as
determined by a licensed medical provider.
(c) Health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities.
(d) Crisis shelters or similar institutions.
(e) Food courts inside the secured zones of
airports.
(f) Employees, contractors, vendors, or suppliers
who enter, use, or occupy the places described in section 12 of this order
in their professional capacity.
15. 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.
16. Consistent with prior guidance, neither a place
of religious worship nor its owner is subject to penalty under section 19 of
this order for allowing religious worship at such place. No individual is
subject to penalty under section 19 of this order for engaging in religious
worship at a place of religious worship, or for violating the face covering
requirement of section 4(b) of this order.
17. Executive Orders 2020-69 and 2020-96 are
rescinded. Except as specified, nothing in this order supersedes any other
executive order. This order takes effect immediately unless otherwise
specified.
18. In determining whether to maintain, intensify,
or relax the restrictions in this order, 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.
19. 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: June 1, 2020
Time: 2:27 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 June 2, 2020, and read:
EXECUTIVE ORDER
No. 2020-111
Protecting
the Food Supply and Migrant and Seasonal Agricultural Workers from
the effects of COVID-19
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department
of Health and Human Services identified the first two presumptive-positive
cases of COVID-19 in Michigan. On that same day, I issued Executive Order
2020-4. This order declared a state of emergency across the state of Michigan
under section 1 of article 5 of the Michigan Constitution of 1963, the
Emergency Management Act, 1976 PA 390, as amended (EMA), MCL 30.401 et seq., and the Emergency Powers
of the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since then, the virus spread
across Michigan, bringing deaths in the thousands, confirmed cases in the tens
of thousands, and deep disruption to this state’s economy, homes, and
educational, civic, social, and religious institutions. On April 1, 2020, in
response to the widespread and severe health, economic, and social harms posed
by the COVID-19 pandemic, I issued Executive Order 2020-33. This order expanded
on Executive Order 2020-4 and declared both a state of emergency and a state of
disaster across the State of Michigan under section 1 of article 5 of the
Michigan Constitution of 1963, the Emergency Management Act, and the Emergency
Powers of the Governor Act of 1945. And on April 30, 2020, finding that COVID-19
had created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
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.
Those executive orders have been
challenged in Michigan House of
Representatives and Michigan Senate v Whitmer. On May 21, 2020, the
Court of Claims ruled that Executive Order 2020-67 is a valid exercise of
authority under the Emergency Powers of the Governor Act but that Executive
Order 2020-68 is not a valid exercise of authority under the Emergency
Management Act. Both of those rulings are likely to be appealed.
On May 22, 2020, I issued Executive
Order 2020-99, again finding that the COVID-19 pandemic constitutes a disaster
and emergency throughout the State of Michigan. That order constituted a state
of emergency declaration under the Emergency Powers of the Governor Act of
1945. And, to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act when emergency and
disaster conditions exist yet the legislature has declined to grant an
extension request, that order also constituted a state of emergency and state
of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
COVID-19 can spread easily in
setting when many people live in close proximity, such as the migrant housing
camps that house thousands of migrant agricultural workers in Michigan each
year. Migrant agricultural workers are an essential workforce in Michigan and securing
their health and well-being will ensure that Michigan’s food supply chain is
not disrupted.
Taking preventive measures now
will save lives and keep the state’s agricultural sector running smoothly and
consistently. Those who provide housing for Michigan’s migrant agricultural
workers must implement plans to prevent exposure to the novel coronavirus that
causes COVID-19, care for individuals with COVID‑19, and prevent the
spread of disease among their workers based on this directive. The state must
take proactive, preventive measures to create safer living conditions for
migrant workers.
Thus, to ensure the safety of
migrant workers as well as the sustainability of Michigan’s food supply, it is
reasonable and necessary to create temporary new requirements relating to the
housing and working conditions of migrant and seasonal agricultural workers in
the state during the COVID-19 pandemic.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. All owners and operators of employer-provided
migrant housing camps licensed by the Michigan Department of Agriculture and
Rural Development (“camps”) must comply with section 1 of Executive Order
2020-97 or any order that follows it, providing camp residents with the same
safeguards as businesses are required to provide their workers while at work.
Within two weeks of the effective date of this order, a camp must post its
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 at https://www.osha.gov/Publications/OSHA3990.pdf.
2. In addition to section 1, all camp owners and
operators must, at a minimum:
(a) Separate beds by at least six feet or more in
all directions wherever possible, and encourage camp residents to sleep
head-to-toe.
(b) Provide isolation housing for
COVID-19-suspected residents who have not received a positive result from a
COVID-19 test, unless the COVID-19-suspected resident resides in a one-family
housing unit or in a family living unit that is part of a multifamily unit and
can effectively isolate themselves within the unit.
(c) Provide housing, dining, and bathroom
facilities for COVID-19-confirmed residents separate from residents who are not
COVID-19-confirmed. Such facilities may be shared with other COVID-19-confirmed
residents.
(d) Ensure regular ventilation of rooms where
COVID-19-suspected residents are housed (e.g., by opening screened windows to
the outside to let fresh air circulate).
(e) Ensure that anyone who delivers food and water
to isolated residents is equipped with appropriate PPE.
(f) Arrange for COVID-19-suspected and
COVID-19-confirmed residents to be evaluated by a medical provider through the
local health department or federally qualified health center.
(g) Attempt to collect emergency contact numbers
for each worker.
(h) Ensure that camp employees and residents have
access to the phone number of the local health department. MiOSHA requires
“camp superintendents” (or those providing the housing) to report immediately
to the local health officer the name and address of any individual in the camp known
to have or suspected of having a communicable disease. (29 CFR 1910.142(l)(1)). Additionally, camp owners and
operators must ensure that the name, phone number, and email address of the
camp superintendents is posted prominently in a central location.
(i) Conspicuously post workers’ housing address in
a central location to ensure that workers will be able to call a 911 operator
if needed.
(j) Conspicuously post the phone number for the
Michigan Coronavirus hotline, 888- 535-6136, and include on the posting a
statement that if workers would like to make a CONFIDENTIAL complaint about
unsafe working or employer provided living conditions, they may call the
hotline number.
(k) Adopt any additional infection control measures
consistent with guidance issued by the Department of Health and Human Services
(“DHHS”).
3. MDARD must use best efforts to conduct outreach
visits to each migrant labor housing camp licensed under Part 124 of the Public
Health Code within 20 working days of occupant arrival to review the rules
issued pursuant to this order and any relevant DHHS guidance. MDARD may
contract with third-party providers to provide these services.
4. Definitions.
(a) “COVID-19-suspected resident” includes a camp
resident who has symptoms of COVID-19 (e.g., fever, cough, shortness of breath)
but has not yet received a COVID-19 diagnostic test result.
(b) “COVID-19-confirmed resident” includes a camp
resident who has received a positive result from a COVID-19 diagnostic test and
has not subsequently discontinued transmission-based precautions based on a
strategy outlined by the CDC. A description of the CDC recommendations for
discontinuation of transmission-based precautions may be accessed at https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-hospitalized-patients.html.
5. The rules described in sections 1 and 2 have
the status of regulations adopted by the Michigan Department of Agriculture and
Rural Development (“MDARD”). Any challenge to civil or criminal penalties
imposed by MDARD for violating any of the rules described in sections 1 and 2
will proceed through the same administrative review process as any challenge to
a civil or criminal penalty imposed by the department or agency for a violation
of its own rules.
6. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order is a misdemeanor.
7. This order is effective upon issuance and
remains effective through June 29, 2020 at 11:59 p.m.
Given under my hand and the Great
Seal of the State of Michigan
Date: June 1, 2020
Time: 8:53 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 messages from the
Governor were received and read:
May 29, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 368 of 1978,
MCL 333.16521, 333.16121 and 333.16122:
Michigan
Board of Acupuncture
Ms. Carey Ryan of 102 Longman
Lane, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding Anne Biris
whose term expires June 30, 2020, appointed to represent acupuncturists, for a
term commencing July 1, 2020 and expiring June 30, 2024.
May 29, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Executive Order No. 2014-9,
MCL 400.1081:
Commission
on Community Action and Economic Opportunity
Ms. Carolyn A. Bloodworth of 5002
Rimers Drive, Jackson, Michigan 49201, county of Jackson, succeeding Fran Amos
whose term expires June 21, 2020, appointed to represent the private sector,
for a term commencing June 22, 2020 and expiring June 21, 2023.
Ms. Jill L. Edwards-Sutton of
8500 E. Chippewa Trail, Mt. Pleasant, Michigan 48858, county of Isabella,
reappointed to represent community action agencies, for a term commencing June
22, 2020 and expiring June 21, 2023.
Ms. Tiffany Mayers of 2841
Stonegate Drive, Flint, Michigan 48507, county of Genesee, succeeding LaTarro
Traylor whose term expires June 21, 2020, appointed to represent low-income
persons, for a term commencing June 22, 2020 and expiring June 21, 2023.
Ms. Milinda Ysasi of 1345
Columbia Avenue, N.E., Grand Rapids, Michigan 49546, county of Kent, succeeding
James Borchard whose term expires June 21, 2020, appointed to represent elected
public officials, for a term commencing June 22, 2020 and expiring June 21,
2023.
May 29, 2020
I respectfully submit to the Senate
the following appointments to office pursuant to Public Act 232 of 1965, MCL
290.657:
Michigan
Wheat Promotion Committee
Mr. Jeffery R. Krohn of 3232
Hartsell Road, Owendale, Michigan 48754, county of Huron, succeeding David
Milligan whose term expires May 31, 2020, appointed to represent District 7
growers, for a term commencing June 1, 2020 and expiring May 31, 2023.
Mrs. Sally M. McConnachie of 2820
Forester Road, Deckerville, Michigan 48427, county of Sanilac, reappointed to
represent District 5 growers, for a term commencing June 1, 2020 and expiring
May 31, 2023.
Mr. Carl R. Wagner, III of 11025
M-140, Niles, Michigan 49120, county of Berrien, succeeding Marc Hasenick whose
term expires May 31, 2020, appointed to represent District 2 growers, for a
term commencing June 1, 2020 and expiring May 31, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:07 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
During the recess, Senators Ananich and
Hollier entered the Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
A bill to provide for the exemption of certain
property from certain taxes; to levy and collect a specific tax upon the owners
of certain property; to provide for the disposition of that specific tax; to
provide for the powers and duties of certain state and local governmental
officers and entities; and to provide penalties.
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 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
The bill was read a first and second time by
title and referred to the Committee on Finance.
Senators Chang, Geiss, Brinks,
McMorrow, Bayer, Ananich, Wojno and Irwin introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding part 343.
The bill was read a first and second time by
title and referred to the Committee on Environmental Quality.
Senators Bayer, Geiss, Brinks,
Chang, McMorrow, Ananich, Wojno and Irwin introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” (MCL 324.101 to 324.90106) by
adding sections 34301, 34305, 34307, 34309, 34311, and 34313.
The bill was read a first and second time by
title and referred to the Committee on Environmental Quality.
Senators Geiss, Chang, Brinks,
McMorrow, Bayer, Ananich, Wojno and Irwin introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 3111b and
3115 (MCL 324.3111b and 324.3115), section 3111b as added by 2004 PA 142 and
section 3115 as amended by 2004 PA 143.
The bill was read a first and second time by
title and referred to the Committee on Environmental Quality.
By
unanimous consent the Senate returned to the order of
Motions and Communications
Senate Bill No. 940
The motion prevailed, a majority of the
members serving voting therefor.
By
unanimous consent the Senate proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator Hollier as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 940, entitled
A bill
to amend 1893 PA 206, entitled “The general property tax act,” by amending
section 7cc (MCL 211.7cc), as amended by 2018 PA 633.
Substitute
(S-1)
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. 417
The
motion prevailed.
The
following bill was read a third time:
Senate Bill No. 417, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 17744a and 17744d (MCL 333.17744a and
333.17744d), section 17744a as amended and section 17744d as added by 2015 PA 221.
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. 154 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. 418, entitled
A bill to allow certain law enforcement
officers and firefighters to administer auto-injectable epinephrine in certain
circumstances; to provide access to auto-injectable epinephrine by eligible
entities, law enforcement officers, and firefighters; and to limit civil and
criminal liability of certain entities and individuals.
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. 155 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. 843, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1178 (MCL 380.1178), as amended by
2019 PA 38.
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. 156 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. 844, entitled
A bill to amend 2019 PA 39, entitled
“Administration of opioid antagonists act,” by amending section 107 (MCL
15.677).
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. 157 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 proceeded to the order of
Statements
The
motion prevailed.
Senator Bullock’s statement is as
follows:
I rise again just to say what’s
on my spirit; my heart. I’m really just tired of being sick and tired, right?
And I do not have all the answers for black America so I know it’s a burden
that I carry being one of three African Americans in this chamber, but I don’t.
2020 has been a Shakespearean
tragedy. The commander-in-chief has been inept in his leadership. My colleagues
across the aisle, I put this on you here in the state of Michigan. Politics
aside, I understand politics. I understand the banter. I understand when we go
back and forth. But the politricks, I don’t understand. What I don’t understand
is condoning, supporting, excusing, and justifying racist antics, insensitive
behavior, and police brutality; and the real crux for me is silence. Silence about
racism; silence about police brutality; silence about insensitive conduct and
the implicit biases make you guilty.
Racism is an issue you cannot be
silent on. You cannot say ‘I’m not a racist’ and sit on the sidelines. When you
get up and you speak and preach about leadership, honesty, honor, and
communication and if you are unwilling to speak up for those who are subjugated
to these injustices, how can you in good conscience say you speak for the
people? We are all the people. Black people are people. The last few months
have been filled with injustice. Arbery down in Georgia, Shatina Diggins in
Washtenaw County, and of course George Floyd’s death in Minnesota. Here in this
chamber we have had insensitive symbols, AK-47s and AR-15s in the Capitol—in the
Gallery—while folks spewed hate and terrible rhetoric from their lips. We have
had a modern-day minstrel blackface show on the steps of the Capitol, and not
one word from my 22 colleagues across the aisle.
Yes, we had an op-ed this
weekend. We had someone speak out about the thugs at the Governor’s residence.
We even had someone call them names. But yet, many of you went to frolic with
them while they were spitting these racial epithets. Folks drove to their
communities and hung out. These things I cannot accept. Racism is exhausting
and for those of us who deal with it daily, this weekend you saw it come to a
head; a culmination of frustration and racial oppression, implicit biases,
unacceptable leadership, racial profiling, and overall anger at how little the
worth of black life plays into the American agenda. While I support the right
and freedom to assemble peacefully, I support the right and freedom to be
angry—we have every right to be angry when black and brown people are being
persecuted by citizens, but especially the law.
Good people are venting in the
right way, in the right manner, and the only way they know how. What I don’t
accept are the agitators who have infiltrated a righteous cause with mercenary
motives. I don’t accept, yet I completely understand because we are not being
heard or valued. So you get an explosion and outlet to destroy something or
someone. To those individuals I say it’s okay to be angry. But let’s be angry
with a strategy. Tearing up our own communities has never been the answer. I’m
angry. I’m frustrated. This is not a new issue. It’s just magnified by
real-time imagery. Since the day Honorable Coleman Young sat in this chamber
and ventured to be the Detroit Mayor, he hired the first African American
police chief, William Hart, and they dismantled STRESS—for those of you who
know what STRESS is, the Big Four—they came in the community and they kicked
butt.
So sometimes we have to look back
and take some of that advice. We’ve been lucky in Detroit. We haven’t had a
major incident since Malice Green, and they were persecuted. They went to jail,
so as we look back, we need you to help us address these issues and silence is
not the answer. Silence is not an option. I took a look at a positive protest.
I took my 15-year-old son out this weekend to a protest.
Senator Hollier’s statement is as
follows:
I just want to share some news.
As we started a week talking about COVID-19, as we continue to grapple with all
the things going on, I just ask that we would continue to recognize the
importance of getting tested and having good information. On Friday, as part of
Detroit’s increase of coronavirus testing, there was both the antibody and the
regular COVID-19 testing just a couple blocks from my home. As the guidance has
changed and as people are getting back out, because the city and the mayor have
asked people to get tested and the Governor has encouraged people to get
tested, I got tested. Thank God, I tested both negative but unfortunately also
tested negative for the antibodies.
I know many of us are starting to
feel comfortable that we got sick in November or January or February and feel
like maybe we do have some antibodies but I just want to remind everybody that
not only is the threat still high but potentially higher now than it has ever
been because people are going to be back out. People are going to be continuing
to do those kinds of things. As you saw people peacefully protesting,
peacefully navigating, and moving about to deal with injustice and deal with
all those kinds of things, you saw them gathering closely. You are seeing
people going back to stores, you’re seeing people going back to work.
Please continue to encourage
yourselves and your family, friends, and constituents to get tested because we
cannot continue to make decisions without good information. I’d ask that
everyone get tested, I’d ask that you encourage your residents to do so, and
that we continue to support testing efforts throughout the state.
Senator Stamas’ statement is as
follows:
As we’ve watched what’s happened
over these last few days over something that truly should never have occurred
and listening to my good colleague from the 4th District, I cannot sit in the
chair and not say, Senator, I stand with you. Silence must stop. We must work
together to stop the injustice. I thank you for your comments.
Senator Ananich’s statement is as
follows:
I have something on a little
more, very heavy and important discussion that the Senator from the 4th District,
echoed by the Senator from the 36th District mentioned today, but I want to
take a moment—I’m sure the Majority Leader has done this in his caucus with his
member, and I know Senator Lucido did a nice job—of welcoming the newest family
member of one of our colleagues, the Senator from the 10th District. We
traded phone messages back and forth. I just wanted to send my congratulations
directly to Senator MacDonald. Being the father of a four-year-old, just
wanted to hope you can fondly remember what sleep was like because you’re not
going to have it for a while. It’s the best blessing you’re ever going to have,
and congratulations. Mazel tov.
Announcements of Printing and
Enrollment
The
Secretary announced that the following bills and resolution were printed and
filed on Thursday, May 28 and are available on the Michigan Legislature
website:
Senate
Bill Nos. 942 943 944 945
Senate
Resolution No. 121
House
Bill Nos. 5811 5812 5813 5814 5815 5816 5817 5818 5819 5820 5821 5822 5823
Committee Reports
The Committee on Finance reported
Senate
Bill No. 940, entitled
A bill
to amend 1893 PA 206, entitled “The general property tax act,” by amending
section 7cc (MCL 211.7cc), as amended by 2018 PA 633.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Jim
Runestad
Chairperson
To
Report Out:
Yeas:
Senators Runestad, Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander
Nays:
None
The
bill and the substitute recommended by the committee were referred to the
Committee of the Whole.
COMMITTEE
ATTENDANCE REPORT
The
Committee on Finance submitted the following:
Meeting
held on Thursday, May 28, 2020, at 8:30 a.m., Harry T. Gast Appropriations Room,
3rd Floor, Capitol Building
Present:
Senators Runestad (C), Nesbitt, Daley, Bumstead, VanderWall, Chang and
Alexander
The Committee on Regulatory Reform
reported
House
Bill No. 5164, entitled
A bill
to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending
sections 907, 943, 945, and 947 (MCL 339.5907, 339.5943, 339.5945, and
339.5947) and by adding section 946.
With
the recommendation that the bill pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill was referred to the Committee of the Whole.
The
Committee on Regulatory Reform reported
House
Bill No. 5315, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 513 (MCL 436.1513), as amended by 2018 PA 479.
With
the recommendation that the substitute (S-1) be adopted and that the bill then
pass.
The
committee further recommends that the bill be given immediate effect.
Aric
Nesbitt
Chairperson
To
Report Out:
Yeas:
Senators Nesbitt, Theis, Johnson, Lauwers, VanderWall, Zorn, Moss, Polehanki
and Wojno
Nays:
None
The
bill and the substitute recommended by the committee were referred to the Committee
of the Whole.
COMMITTEE
ATTENDANCE REPORT
The
Committee on Regulatory Reform submitted the following:
Meeting
held on Thursday, May 28, 2020, at 2:30 p.m., Senate Hearing Room, Ground
Floor, Boji Tower
Present:
Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall, Zorn, Moss,
Polehanki and Wojno
Appropriations
-
Wednesday, June 3, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
(517) 373-5307
Finance -
Wednesday, June 3, 12:30 p.m., Room S403, 4th Floor, Capitol Building (517)
373-5312
Health Policy and Human Services - Thursday, June 4, 1:30 p.m., Senate Hearing Room,
Ground Floor, Boji Tower (517) 373-5323
Regulatory Reform - Thursday, June
4, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building
(517) 373-5314
Transportation
and Infrastructure - Wednesday, June 3, 12:30 p.m., Harry
T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-5323
Senator MacGregor moved that the Senate
adjourn.
The
motion prevailed, the time being 11:39 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, June 3, 2020, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate