STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Tuesday, June 23,
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—excused 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
Kevin Daley of the 31st District offered the following invocation:
Lord, when we see how the world is changing, sometimes we
begin to feel unsure. Please give us the strength to do what You would expect
from us as we go about our daily duties as State Senators. Help us to make
decisions with Your word as our standard-bearer. Please let us follow only Your
way. Let us hear all voices, especially those who believe in Your teachings.
Let us celebrate and rejoice with those who do believe in You.
Help us
to stand firm always as we gain our strength through faith, prayer, and study
of Your word. Let us turn our heads from the things that destroy or weaken us.
Let us say “no” to the forbidden that lasts for a short moment in time, looking
ahead to the pleasures You have waiting for all who follow Your path to eternal
glory. Thank You, Lord, for the wisdom to do what’s right for the people of the
great state of Michigan, while keeping our eyes fixed on You.
I ask
this in the name of Your Son, Jesus Christ, our Lord. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator
Hertel entered the Senate Chamber.
The motion prevailed.
Senator
Chang moved that Senators Ananich and Hollier be temporarily excused from today’s
session.
The motion prevailed.
Senator
Chang moved that Senator Bullock be excused from today’s session.
The motion prevailed.
The motion prevailed, a majority of the
members serving voting therefor.
Senate Bill No. 943, entitled
A bill
to amend 1893 PA 206, entitled “The general property tax act,” by amending
section 78a (MCL 211.78a), as amended by 2014 PA 499, and by adding section
44e.
The motion prevailed, a majority of the
members serving voting therefor, and the bill was placed on the order of
General Orders.
Senator
MacGregor moved that the bill be referred to the Committee on Appropriations.
The motion prevailed.
Senate Bill No. 956
The motion prevailed, a majority of the
members serving voting therefor.
Messages from the Governor
The following message from the Governor
was received on June 18, 2020, and read:
EXECUTIVE
ORDER
No.
2020-127
Declaration
of state of emergency and state of disaster related to
the
COVID-19 pandemic
Rescission
of Executive Order 2020-99
On March 10, 2020, I issued
Executive Order 2020-4, which declared a state of emergency in Michigan to
address the COVID-19 pandemic. This disease, caused by a novel coronavirus not
previously identified in humans, can easily spread from person to person and
can result in serious illness or death. There is currently no approved vaccine
or antiviral treatment.
Scarcely three weeks later, the
virus had spread across Michigan. As of April 1, 2020, the state had 9,334
confirmed cases of COVID-19 and 337 deaths from the disease, with many
thousands more infected but not yet tested. Exactly one month later, this
number had ballooned to 42,356 confirmed cases and 3,866 deaths from the
disease—a tenfold increase in deaths. The virus’s rapid spread threatened to
overwhelm the state’s health care system: hospitals in multiple counties were
reportedly at or near capacity; medical personnel, supplies, and resources
necessary to treat COVID-19 patients were in high demand but short supply;
dormitories and a convention center were being converted to temporary field
hospitals.
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. Like Executive Order 2020-4,
this declaration was based on multiple independent authorities: section 1 of
article 5 of the Michigan Constitution of 1963; the Emergency Management Act,
1976 PA 390, as amended, MCL 30.401 et
seq.; and the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as
amended, MCL 10.31 et seq. On April
7, 2020, the Michigan legislature adopted a concurrent resolution to extend the
states of emergency and disaster declared under the Emergency Management Act
until April 30, 2020.
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 have been appealed; the Court of Appeals has ordered
oral argument to be held in August.
Since I first declared an
emergency in response to this pandemic, my administration has taken aggressive
measures to fight the spread of COVID-19, prevent the rapid depletion of this
state’s critical health care resources, and avoid needless deaths. The best way
to slow the spread of the virus is for people to stay home and keep their
distance from others. To that end, and in keeping with the recommendations of
public health experts, I issued orders restricting access to places of public
accommodation and school buildings, limiting gatherings and travel, and requiring
workers who are not necessary to sustain or protect life to remain at home. I
also issued orders enhancing the operational capacity and efficiency of health
care facilities and operations, allowing health care professionals to practice
to the full extent of their training regardless of licensure, and facilitating
the delivery of goods, supplies, equipment, and personnel that are needed to
combat this pandemic. And I took steps to build the public health
infrastructure in this state that is necessary to contain the spread of
infection.
My administration also moved to
mitigate the economic and social harms of this pandemic. Through my orders, we
placed strict rules on businesses to prevent price gouging, put a temporary
hold on evictions, expanded eligibility for unemployment benefits, provided
protections to workers who stay home when they or their close contacts are
sick, and created a structure through which our schools can continue to provide
their students with the highest level of educational opportunities possible
under the difficult circumstances now before us.
These statewide measures have
been effective. A report released by the Imperial College COVID-19 Response
Team, for example, shows that my actions have significantly lowered the number
of cases and deaths that would have occurred had the state done nothing.
With the steep reduction in our
case counts, I have moved progressively in recent weeks to relax restrictions
on business activities and daily life. On June 1, I announced that most of the
state would move to Phase 4 of my Safe Start plan, thereby allowing retailers
and restaurants to resume operations. Hair salons and other personal care
services followed two weeks later. And on June 10, I moved the Upper Peninsula
and the region surrounding Traverse City to Phase 5, allowing for the reopening
of movie theaters, gyms, bowling alleys, and other businesses. If current
trends persist, I hope to move the rest of the state to Phase 5 by July 4.
But this global pandemic is far
from over. Though its pace of growth has slowed, the virus remains aggressive
and persistent: to date, there have been 60,393 confirmed cases of COVID-19 in
Michigan, and 5,792 deaths from the disease. There is still no treatment for
the virus and it remains easy to transmit. A second wave poses an ongoing
threat. States in the South and West are already seeing sharp upticks in cases;
just two days ago, Arizona, Florida, and Texas all reported record highs in
their daily case counts. Michigan could easily join them if we relax our
vigilance.
The concern is especially acute
because Michigan’s more rural counties will see an increasing number of
out-of-town visitors this summer. The residents of these rural counties are
among the most vulnerable to COVID-19, with older populations and rates of
chronic illness among the highest in the state. Twenty-one of Michigan’s
eighty-three counties—all rural—have a median age over 50, and nearly 30% of
Michigan’s rural population is 65 or older. These rural areas tend to be miles
away from larger hospitals with the personnel, beds, and equipment to fight
this virus.
Whatever happens with COVID-19 in
the future, the state has already suffered immense economic damage. Between
March 15 and May 30, Michigan received 2.2 million initial unemployment
claims—the fifth‑highest nationally, amounting to more than a third of
the Michigan workforce. During this crisis, Michigan has often processed more
unemployment claims in a single day than in the most painful week of the Great
Recession, and the state already saw its highest unemployment rate since the
Great Depression (22.7% in April). Between March 15 and May 21, Michigan paid
out over $7 billion in benefits to eligible Michiganders. The Michigan
Department of Treasury predicts that this year the state will lose between $1 and
$3 billion in revenue. As a result, local governments will be hard-pressed to
provide essential services to their communities and many families in Michigan
will struggle to pay their bills or even put food on the table.
So too will the pandemic continue
to disrupt our homes and our educational, civic, social, and religious
institutions. Transitioning almost overnight to a distance-learning environment
has placed strain on educators, students, and parents alike. Performance and indoor
sporting venues remain closed across most of the state, limiting people’s
ability to enrich themselves or interact with their community. And curtailing
gatherings has left many seeking new ways to connect with their friends and
families. Life will not be back to normal for some time to come.
The health, economic, and social
harms of the COVID-19 pandemic thus remain widespread and severe, and they
continue to constitute a statewide emergency and disaster. Though local health
departments have some limited capacity to respond to cases as they arise within
their jurisdictions, state emergency operations are necessary to bring this
pandemic under control in Michigan and to build and maintain infrastructure to
stop the spread of COVID-19, trace infections, and quickly direct additional
resources to hot-spots as they emerge. State assistance to bolster health care
capacity and flexibility also has been, and will continue to be, critical to
saving lives, protecting public health and safety, and averting catastrophe.
Moreover, state disaster and emergency recovery efforts remain necessary not
only to support Michiganders in need due to the economic effects of this
pandemic, but also to ensure that the prospect of lost income does not impel
workers who may be infected to report to work.
Statewide coordination of these
efforts is crucial to creating a stable path to recovery. Until that recovery
is underway, the economic and fiscal harms from this pandemic have been
contained, and the threats posed by COVID-19 to life and the public health,
safety, and welfare of this state have been neutralized, statewide disaster and
emergency conditions will exist.
With this order, Executive Order
2020-99 is rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. The COVID-19 pandemic constitutes a disaster and emergency
throughout the State of Michigan.
2 This
order constitutes a state of emergency declaration under the Emergency Powers
of the Governor Act of 1945. Subject to the ongoing litigation and the
possibility that current rulings may be overturned or otherwise altered on
appeal, and to the extent the governor may declare a state of emergency and a
state of disaster under the Emergency Management Act of 1976 when emergency and
disaster conditions exist yet the legislature has not granted an extension
request, this order constitutes a state of emergency and state of disaster
declaration under that act.
3. This order is effective immediately and continues through July 16,
2020 at 11:59 p.m. I will evaluate the continuing need for this order.
4. Executive Order 2020-99 is rescinded. All previous orders that
rested on that order now rest on this order.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 18, 2020
Time: 1:55 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on June 18, 2020, and read:
EXECUTIVE
ORDER
No.
2020-128
Clarifying
WDCA Eligibility for Workplace Exposure to COVID-19
Rescission
of Executive Order 2020-125
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.
These 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 June 18, 2020, I issued
Executive Order 2020-127, again finding that the COVID-19 pandemic constitutes
a disaster and emergency throughout the State of Michigan. That order
constituted a state of emergency declaration under the Emergency Powers of the
Governor Act of 1945. And, to the extent the governor may declare a state of
emergency and a state of disaster under the Emergency Management Act when
emergency and disaster conditions exist yet the legislature had declined to
grant an extension request, that order also constituted a state of emergency
and state of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
has not granted an extension request, they too provide a sufficient legal basis
for this order.
Michigan’s COVID-19-response
workers face regular exposure to a deadly and highly contagious virus. They do
so to ensure that Michiganders have access to emergency medical care; that
Michigan’s laws are enforced; that prisoners and pretrial detainees in state
and local custody receive their constitutionally guaranteed rights; and that
the safety and security of the State and its citizens remains protected.
The Workers’ Disability
Compensation Act of 1969 (WDCA), MCL 418.101 et seq., affords important protections to Michigan’s workers and
employers. In effectuating these protections, section 418.401 of the WDCA
requires an employee seeking entitlement to wage-loss benefits to demonstrate,
in part, the existence of a work-related injury that prevents the employee from
performing his or her job duties. But due to the possibility of asymptomatic
transfer of COVID-19, requiring a COVID-19-response employee to affirmatively
demonstrate that they contracted COVID-19 in the course of their employment
unduly shifts risk to the worker, and may therefore hinder Michigan’s emergency
response by undermining confidence in the worker’s compensation system among
the most critical members of the workforce.
Executive Order 2020-125 assured
COVID-19-response employees of their eligibility for WDCA coverage when injured
or disabled by COVID-19 infection at work. This order clarifies the scope of
that order. With this order, Executive Order 2020-125 is rescinded.
Accordingly, acting under the
Michigan Constitution of 1963 and Michigan law, I order the following:
1. “COVID-19-response employee” means an employee whose job
responsibilities require them to have regular or prolonged contact with
COVID-19 in the course of their employment. For purposes of this order, the
following individuals are COVID-19-response employees:
(a) A person who is required to report to work in one of the following
workplaces:
(1) An ambulance operation, as that term is defined in section 20902(5)
of the Public Health Code, 1978 PA 368, as amended, MCL 333.20902(5), including
advanced mobile emergency care services;
(2) A county medical care facility, as that term is defined in section
20104(3) of the Public Health Code, MCL 333.20104(3);
(3) An emergency response service, as that term is defined in section
102(m) of the Emergency 9-1-1 Service Enabling Act, 1986 PA 32, as amended, MCL
484.1102(m);
(4) A home for the aged, as that term is defined in section 20106(3) of
the Public Health Code, MCL 333.20106(3);
(5) A hospice, as that term is defined in section 20106(4) of the Public
Health Code, MCL 333.20106(4);
(6) A hospital, as that term is defined in section 20106(5) of the
Public Health Code, MCL 333.20106(5); or
(7) A nursing home, as that term is defined in section 20109(1) of the
Public Health Code, MCL 333.20109(1).
(b) A person working in a home health agency, as that term is defined in
section 20173a(15)(f) of the Public Health Code, MCL 333.20173a(15)(f), or a
visiting nurse association, who is required to provide in‑person medical
care to patients.
(c) A person working as a physician, physician assistant, licensed
practical nurse, registered professional nurse, medical first responder, nurse,
emergency medical technician, emergency medical technician specialist,
paramedic, or respiratory therapist who is required to provide in-person
medical care to patients.
(d) A law enforcement officer, as that term is defined in section 2(f)
of the Michigan Commission on Law Enforcement Standards Act, 1965 PA 203, as
amended, MCL 28.602(f), to the extent the law enforcement officer is required
to report to work and interact with the general public.
(e) A motor carrier officer within the Michigan Department of State
Police as described in section 6d of the Michigan State Police Act, 1935 PA 59,
as amended, MCL 28.6d.
(f) A firefighter, as that term is defined in section 1(n) of the Fire
Prevention Code, 1941 PA 207, as amended, MCL 29.1(n).
(g) A member of an emergency rescue team, as described in section 161(j)
of the WDCA, MCL 418.161(j), to the extent that the member is required to
report to work and interact with the general public.
(h) A volunteer civil defense worker, as described in section 161(g) of
the WDCA, MCL 418.161(g), to the extent that the worker is required to report
to work.
(i) An on-call member of a life support agency, as described in section
161(h) and (i) of the WDCA, MCL 418.161(h) and (i), to the extent the member is
required to report to work.
(j) A state or local government employee that is required to work
within the secured perimeter of a penal institution, including but not limited
to correctional facilities, jails, and detention centers.
2. For purposes of the WDCA, and subject to rebuttal by specific facts
to the contrary, a COVID-19-response employee who is confirmed as COVID-19
positive on or after March 18, 2020, either by physician or by test, shall be
presumed to have suffered a “personal injury,” as that term is defined by
section 401(2)(b) of the WDCA, MCL 418.401(2)(b).
3. The Director of the Department of Labor and Economic Opportunity
(LEO) is authorized to issue orders and directives necessary to implement this
executive order.
4. This order replaces the emergency rules that LEO filed with the
Secretary of State on March 30, 2020; those rules are hereby suspended.
5. If any portion of this order is finally adjudicated invalid,
section 4 is void.
6. This order is effective immediately and does not terminate until
the end of the states of emergency and disaster declared in Executive Order
2020-127 or the end of any subsequently declared states of disaster or emergency
arising out of the COVID-19 pandemic, whichever comes later.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 18, 2020
Time: 3:16 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 19, 2020, and read:
EXECUTIVE
ORDER
No.
2020-129
Temporary
authorization of remote participation in public meetings
and
hearings and temporary relief from monthly meeting
requirements
for school boards
Rescission
of Executive Order 2020-75
The novel coronavirus (COVID-19)
is a respiratory disease that can result in serious illness or death. It is
caused by a new strain of coronavirus not previously identified in humans and
easily spread from person to person. Older adults and those with chronic health
conditions are at particular risk, and there is an increased risk of rapid
spread of COVID-19 among persons in close proximity to one another. There is
currently no approved vaccine or antiviral treatment for this disease.
On March 10, 2020, the 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 EPGA, as well as Executive Order 2020-68 to issue new
emergency and disaster declarations under the EMA.
Those
executive orders have been challenged in Michigan
House of Representatives and Michigan Senate v.
Whitmer. On
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 June 18, 2020, I issued
Executive Order 2020-127, again finding that the COVID-19 pandemic constitutes
a disaster and emergency throughout the State of Michigan. That order
constituted a state of emergency declaration under the Emergency Powers of the
Governor Act of 1945. And, to the extent the governor may declare a state of
emergency and a state of disaster under the Emergency Management Act when
emergency and disaster conditions exist yet the legislature had declined to grant
an extension request, that order also constituted a state of emergency and
state of disaster declaration under that act.
The Emergency Powers of the
Governor Act provides a sufficient legal basis for issuing this executive
order. In relevant part, it provides that, after declaring a state of
emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
Nevertheless, subject to the
ongoing litigation and the possibility that current rulings may be overturned
or otherwise altered on appeal, I also invoke the Emergency Management Act as a
basis for executive action to combat the spread of COVID-19 and mitigate the
effects of this emergency on the people of Michigan, with the intent to
preserve the rights and protections provided by the EMA. The EMA vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)–(2). This executive order
falls within the scope of those powers and duties, and to the extent the
governor may declare a state of emergency and a state of disaster under the
Emergency Management Act when emergency and disaster conditions exist yet the
legislature has not granted an extension request, they too provide a sufficient
legal basis for this order.
To mitigate the spread of
COVID-19, protect the public health, and provide essential protections to
vulnerable Michiganders, it is crucial that all Michiganders take steps to
limit in-person contact. These critical mitigation measures include social
distancing and limiting the number of people interacting at public gatherings.
To that end, it is reasonable and
necessary to temporarily suspend rules and procedures relating to physical
presence at meetings and hearings of public bodies and other governmental
entities in Michigan. These public bodies and entities must continue to conduct
public business during this emergency, including actions to respond to
COVID-19, and the general public must be able to continue to participate in
government decision-making without unduly compromising public health, safety,
and welfare.
Executive Order 2020-75 provided
this limited and temporary relief from certain rules and procedures. This order
extends the duration of that relief, as it remains reasonable and necessary to
suppress the spread of COVID-19 and protect the public health and safety of
this state and its residents. With this order, Executive Order 2020-75 is
rescinded.
Acting under the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. To the extent that the Open Meetings Act (“OMA”), 1976 PA 267, as
amended, MCL 15.261 to 15.272, requires that a meeting of a public body be held
in a physical place available to the general public or requires the physical
presence of one or more members of a public body, strict compliance with
section 3 of the OMA, MCL 15.263, is temporarily suspended in order to
alleviate any such physical-place or physical-presence requirements, as
follows:
(a) A meeting of a public body may be held electronically, including by
telephonic conferencing or video conferencing, in a manner in which both the
general public and the members of the public body may participate by electronic
means.
(b) A meeting of a public body held electronically must be conducted in
a manner that permits two-way communication so that members of the public body
can hear and be heard by other members of the public body and so that general
public participants can hear members of the public body and can be heard by
members of the public body and other participants during a public comment
period. The public body may use technology to facilitate typed public comments
that may be read to or shared with members of the public body and other
participants to satisfy the requirement that members of the public can be heard
by others during the meeting.
(c) Members of a public body and of the general public participating
electronically will be considered present and in attendance at the meeting and
may participate in the meeting as if physically present at the meeting.
(d) All persons must be permitted to participate in any meeting of a
public body held electronically, except as otherwise provided in the OMA.
(e) If a public body directly or indirectly maintains an official
internet presence, the public body must, consistent with and in addition to any
other applicable notice requirements under the OMA, post advance notice of a
meeting held electronically on a portion of the public body’s website that is
fully accessible to the public. The public notice on the website must be
included on either the homepage or on a separate webpage dedicated to public
notices for non-regularly scheduled public meetings or electronic meetings and
accessible through a prominent and conspicuous link on the website’s homepage
that clearly describes its purpose for public notification of those
non-regularly scheduled or electronic public meetings. Notice of a meeting of a
public body that will be held electronically must include all of the following:
(1) An explanation of the reason why the public body is meeting
electronically.
(2) Detailed procedures by which the public may participate in the
meeting remotely, including a telephone number, internet address, or both.
(3) Procedures by which persons may contact members of the public body
to provide input or ask questions on any business that will come before the
public body at the meeting.
(4) Procedures by which persons with disabilities may participate in the
meeting.
(f) The right of a person to participate in a meeting of a public body
held electronically includes the right to tape-record, to videotape, to
broadcast live on radio, and to telecast live on television the proceedings of
the public body at a public meeting. The exercise of this right does not depend
on the prior approval of the public body. However, a public body may establish
reasonable rules and regulations to minimize the possibility of disrupting the
meeting.
(g) A public body may not require a person as a condition of
participating in a meeting of the public body held electronically to register
or otherwise provide his or her name or other information or otherwise to
fulfill a condition precedent to attendance, other than mechanisms necessary to
permit the person to participate in a public comment period of the meeting.
(h) A person must be permitted to address a meeting of a public body
held electronically under rules established and recorded by the public body. A
person must not be excluded from a meeting held electronically otherwise open
to the public except for a breach of the peace actually committed during the
meeting.
(i) During a meeting of a public body held electronically, members of
the public body are urged to take all votes by roll call to avoid any questions
about how each member of the public body votes.
(j) If a public body holding a meeting electronically directly or
indirectly maintains an official internet presence, the public body is
encouraged to make available to the general public through the public body’s
website homepage an agenda and other materials relating to the meeting.
(k) Members of the general public otherwise participating in a meeting
of a public body held electronically may be excluded from participation in a
closed session of the public body held electronically during that meeting if
the closed session is convened and held in compliance with the requirements of
the OMA applicable to a closed session.
2. A public body holding a meeting electronically as provided under
this order is encouraged to do so in a manner that effectuates as fully as
possible the purposes of the OMA, which include promoting government
accountability and fostering openness in government to enhance responsible
decision-making. Discussions or deliberations at an open meeting that cannot at
a minimum be heard by the general public participating in the meeting are
contrary to these purposes. Accordingly, members of a public body must avoid
using email, texting, instant messaging, and other such electronic forms of
communication to make a decision or deliberate toward a decision, and must
avoid “round-the-horn” decision-making in a manner not accessible to the public
at an open meeting.
3. If a decision or other action of a public body complies with the requirements
of this order and the other requirements of the OMA, it must be considered to
comply with the OMA.
4. If a statute or rule other than the OMA requires that public
comments be permitted or a public hearing be held, including in conjunction
with the issuance of a permit or a hearing required under the Uniform Budgeting
and Accounting Act, 1968 PA 2, as amended, MCL 141.421 to 141.440a, a public
body or department or agency may provide a means for remote public comment or
participation through the use of any technology that would facilitate a member
of the general public’s ability to participate remotely to the same extent as
if the member of the general public appeared in person. If not expressly
authorized by statute or rule, written comment, including by electronic means,
also is permitted.
5. Strict compliance with subsection 6 of section 11a, subsection 7 of
section 384, and subsection 1 of section 418a of the Revised School Code, 1976
PA 451, as amended, MCL 380.11a(6), MCL 380.384(7), and MCL 380.418a(1), is
temporarily suspended so as not to require school district boards to hold
meetings at least once each month.
6. Nothing in this order permits a public body to limit or restrict
the rights of the press or other news media. Members of public bodies are
encouraged to facilitate access by members of the press and other news media
both to meetings held electronically and to members of public bodies.
7. As used in this order, the terms “decision,” “meeting,” and “public
body” mean those terms as defined under section 2 of the OMA, MCL 15.262,
except this order does not apply to state legislative bodies.
8. A provision of this order will prevail over any conflicting
provision of a local charter, ordinance, or rule.
9. This order supersedes sections 2 and 3 of Executive Directive
2020-2.
10. This order is effective immediately and continues through July 31,
2020.
11. Executive Order 2020-75 is rescinded.
Given under my hand and the Great
Seal of the State of Michigan.
Date: June 18, 2020
Time: 7:44 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 19, 2020, and read:
EXECUTIVE
ORDER
No.
2020-130
Executive
Office of the Governor
Michigan
Statewide Independent Living Council
Rescission
of Executive Order 2016-11
Many Michigan residents have one
or more disabilities. Disability in no way diminishes the right to live
independently, enjoy self-determination, make choices, contribute to society,
pursue a meaningful career, and enjoy full inclusion and integration in the
economic, political, social, cultural, and educational institutions of our
society.
The State of Michigan shares the
federal government’s goal of providing persons with disabilities the tools
necessary to make informed choices and decisions and to achieve equality of
opportunity, full inclusion and integration in society, employment, independent
living, and economic and social self-sufficiency.
To be eligible to receive federal
assistance under Title VII of the Rehabilitation Act of 1973, Public Law 93-112,
as amended, 29 USC 796 et seq., a
state must establish and maintain a statewide independent living council,
consistent with the requirements set forth in 29 USC 796d.
The Michigan Statewide
Independent Living Council has been periodically reestablished over the years,
most recently under Executive Order 2016-11. Reestablishment of this Council at
this time is necessary to ensure compliance with current requirements under
federal law and to further strengthen working relationships among the Council
and entities providing services to individuals with disabilities, centers for
independent living, and other programs.
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 Statewide Independent
Living Council
(a) The Michigan Statewide Independent Living Council (the “Council”) is
created within the Executive Office of the Governor.
(b) The Council must be composed of members who provide statewide
representation, represent a broad range of individuals with disabilities from
diverse backgrounds, and are knowledgeable about centers for independent living
and independent living services. A majority of the members of the Council must
be individuals with disabilities who are not employed by a center for
independent living or any agency of the State of Michigan.
(c) The Council must include the following 11 voting members appointed
by the governor after soliciting recommendations from representatives of
organizations representing a broad range of individuals with disabilities and
organizations interested in individuals with disabilities:
(1) One director of a center for independent living chosen by the
directors of centers for independent living within this state.
(2) One individual representing parents or guardians of individuals with
disabilities.
(3) One individual representing advocates of, and for, individuals with
disabilities.
(4) One individual representing organizations that provide services for
individuals with disabilities, including, but not limited to, private
businesses.
(5) Seven other residents of this state, including residents who
represent the underserved or tribal communities.
A majority of the voting members of the Council
must be individuals with disabilities who are not employed by a center for
independent living or any agency of the State of Michigan.
(d) In addition to the voting members of the Council appointed under
section 1(c) of this order, the Council must include the following 5 non-voting
ex officio members appointed by the governor, representing the designated state
entity and representatives from agencies of the State of Michigan providing
services for individuals with disabilities:
(1) The director of Michigan Rehabilitation Services, or the director’s
designee.
(2) The director of the Bureau of Services for Blind Persons, or the
director’s designee.
(3) A representative from the Michigan Department of Civil Rights,
designated by the director of that department, who works in that department’s
Division on Deaf, Blind and Hard of Hearing.
(4) A representative from the Michigan Department of Education,
designated by the Superintendent of Public Instruction, who works in that
department’s Office of Special Education.
(5) A representative from the Department of Health and Human Services,
designated by the director of that department, with knowledge of all programs
within that department impacting individuals with disabilities.
(e) Of the voting members of the Council initially appointed under
section 1(c) of this order, three members must be appointed for a term expiring
on December 31, 2021, four members must be appointed for a term expiring on
December 31, 2022, and four members must be appointed for a term expiring on
December 31, 2023. After the initial appointments, a member of the Council
appointed under section 1(c) of this order must be appointed for a term of
three years.
(f) A vacancy on the Council must be filled in the same manner as the
original appointment. An appointment to fill a vacancy created other than by
the expiration of the term of a member of the Council shall be for the
remainder of the unexpired term. A vacancy on the Council shall not affect the
power of the remaining members to execute the duties of the Council.
(g) Except as provided in subsections (e) and (f) of this section, an
appointment to the Council must be for a term of three years. A member of the
Council may be reappointed, but no member of the Council may serve more than
two consecutive full terms.
2. Charge to the Council
(a) The Council must do all of the following:
(1) Develop the state plan as provided in Section 704(a)(2) of the
Rehabilitation Act of 1973, 29 USC 796c(a)(2).
(2) Monitor, review, and evaluate the implementation of the state plan.
(3) Meet regularly and ensure that meetings of the Council are open to
the public and that sufficient advance notice of such meetings is provided.
(4) Submit reports to the United States Department of Health and Human
Services, as that department’s Administrator of the Administration for
Community Living may reasonably request. The Council must also keep such
records, and provide the Administrator access to such records, that the
Administrator finds necessary to verify the reports. Copies of any reports
submitted under this subsection must be transmitted to the governor and the
members of the Council.
(5) Coordinate activities, as appropriate, with other entities in this
state that provide services similar or complementary to independent living
services, such as entities providing long-term community-based services and
support or entities facilitating the provision of such services and support.
(b) Consistent with the state plan, the Council may do the following,
unless prohibited by the laws of this state:
(1) Work with centers for independent living to coordinate services with
public and private entities to improve services provided to individuals with
disabilities.
(2) Conduct resource development activities to support the Council and
the provision of independent living services by centers for independent living.
(3) Perform other comparable functions the Council deems appropriate,
consistent with the purpose set forth in Section 701 of the Rehabilitation Act
of 1973, 29 USC 796.
(c) The Council shall not provide independent living services directly
to individuals with significant disabilities or manage such services.
3. Council Operations
(a) The Council must adopt procedures consistent with this order and
applicable law governing its organization and operations.
(b) The Council must select from among the voting members of the Council
a member to serve as chairperson of the Council, and may select from among the
voting members of the Council other officers as the Council deems necessary.
(c) A majority of the voting members of the Council serving constitutes
a quorum for the transaction of the business of the Council. The Council must
act by a majority vote of its voting members serving.
(d) The Council must meet at the call of its chairperson and as
otherwise provided in procedures adopted by the Council.
(e) The Council may establish advisory workgroups composed of
individuals or entities participating in Council activities or other members of
the public as deemed necessary by the Council to assist the Council in performing
its duties and responsibilities. The Council may adopt, reject, or modify any
recommendations proposed by an advisory workgroup.
(f) The Council may, as appropriate, make inquiries, studies,
investigations, hold hearings and forums, and receive comments from the public.
The Council 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.
(g) The Council must prepare, in conjunction with the designated state
entity, a resource plan for the provision of resources, including staff and
personnel, as may be necessary and sufficient to carry out the state plan, with
funds made available under Title VII of the Rehabilitation Act of 1973, 29 USC
796 et seq., and under Section 110 of
the Rehabilitation Act of 1973, 29 USC 730, consistent with Section 101(a)(18)
of the Rehabilitation Act of 1973, 29 USC 721(a)(18), and from other public and
private sources. The resource plan must, to the maximum extent possible, rely
on the use of resources in existence during the period of implementation of the
resource plan.
(h) The Council must supervise and evaluate staff and personnel
performing duties for the Council under the resource plan adopted under section
3(g) of this order, as may be necessary to carry out the functions of the
Council under this order.
(i) While assisting the Council in carrying out its duties, staff and
other personnel performing duties pursuant to the resource plan adopted under
section 3(g) of this order must not be assigned duties by the designated state
entity or any other State agency or office that would create a conflict of
interest.
(j) In accordance with federal law, the Council may use resources
available under the resource plan adopted under section 3(g) of this order to
reimburse members of the Council for reasonable and necessary expenses of
attending Council meetings, and to pay reasonable compensation to a member of
the Council, if such member is not employed or must forfeit wages from other
employment, for each day the member is engaged in performing Council duties.
(k) The Council may enter into agreements with departments and agencies
of this State to assist the Council in the performance of its duties and
responsibilities under this order.
(l) The Council 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 Council and the performance of its duties as the Governor deems
advisable and necessary, in accordance with this order and applicable law,
rules, and procedures, subject to available funding.
(m) The Council 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.
(n) The Council must comply with the Freedom of Information Act (FOIA),
1976 PA 442, as amended, MCL 15.231 to 15.246. In so doing, the Council must,
among other things, designate a FOIA coordinator for the Council and develop
and implement the processes, procedures, and guidelines required of public
bodies under the FOIA. Moreover, the Council will not receive any services or
resources of any kind from any private agency that pays for staff who support
the Council, unless the private agency agrees to comply with FOIA as if the
private agency were a public body and as to all writings otherwise subject to
FOIA that are created or modified on or after the effective date of this order.
The Council may designate a person employed by a private agency that pays for
staff who support the Council to serve as the FOIA coordinator for both the
Council and the private agency.
(o) Members of the Council must refer all legal, legislative, and media
contacts relating to Council actions or activities to the Executive Office of
the Governor.
4. Rescission of Executive Order 2016-11
(a) Executive Order 2016-11 is rescinded. The Michigan Statewide Living
Council established under Executive Order 2016-11 is abolished.
5. Definitions
(a) As used in this order:
(1) “Center for independent living” means that phrase as defined under
Section 702(2) of the Rehabilitation Act of 1973, 29 USC 796a(2).
(2) “Disability” means that term as defined under Section 7(9) of the
Rehabilitation Act of 1973, 29 USC 705(9).
(3) “Designated state entity” means that entity described in Section
704(c) of the Rehabilitation Act of 1973, 29 USC 796c(c).
(4) “Independent living services” means that phrase as defined under
Section 7(18) of the Rehabilitation Act of 1973, 29 USC 705(18).
(5) “Individual with a disability” means that phrase as defined under
Section 7(20)(B) of the Rehabilitation Act of 1973, 29 USC 705(20)(B).
(6) “State plan” means the state plan for independent living required by
Section 704 of the Rehabilitation Act of 1973, 29 USC 796c.
6. Implementation
(a) All state departments and agencies shall cooperate, to their best
ability, with the Council in the performance of its duties and responsibilities
under this order. The Council may request of state departments and agencies
information and assistance as the Council requires in the performance of its
duties and responsibilities under this order.
(b) Any rules, orders, contracts, and agreements related to the Council
lawfully in effect prior to the effective date of this order shall continue to
be effective until revised, amended, or repealed.
(c) 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.
(d) If any portion of this order is found to be unenforceable, the rest
of the order remains in effect.
(e) This order takes effect on July 15, 2020 at 12:01 a.m.
Given under my hand and the great
seal of the State of Michigan.
Date: June 19, 2020
Time: 10:50 a.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
Senator
Shirkey entered the Senate Chamber.
The following messages from the
Governor were received and read:
June 19, 2020
I respectfully submit to the
Senate the following appointments to office pursuant to Public Act 368 of 1978,
MCL 333.16121, 333.16122 and 333.16907:
Michigan
Board of Marriage and Family Therapy
Ms. Tiffany Bush of 10664
Fitzgerald Boulevard, Ferndale, Michigan 48220, county of Oakland, succeeding
Madeline Timmer whose term expires June 30, 2020, appointed to represent public
members, for a term commencing July 1, 2020 and expiring June 30, 2024.
Dr. Kendal N. Holtrop of 3798
Crooked Creek, Okemos, Michigan 48864, county of Ingham, reappointed to
represent licensed marriage and family therapists, for a term commencing July
1, 2020 and expiring June 30, 2024.
June 19, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Executive Order No. 2019-13,
MCL 125.1998:
Unemployment
Insurance Appeals Commission
Mr. William J. Runco of 100 N.
Brady Road, Dearborn, Michigan 48124, county of Wayne, reappointed for a term
commencing August 1, 2020 and expiring July 31, 2024.
June 19, 2020
I respectfully submit to the
Senate the following appointment to office pursuant to Public Act 317 of 1969,
MCL 418.511:
Workers’
Disability Compensation Agency Funds Administration Board of Trustees
Mr. Jerome K. Hooper, Jr. of
16925 Martin Road, Roseville, Michigan 48066, county of Macomb, reappointed to
represent employers who have been authorized to act as self-insurers, for a
term commencing June 19, 2020 and expiring April 30, 2024.
Respectfully,
Gretchen
Whitmer
Governor
The appointments were referred to
the Committee on Advice and Consent.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators
Schmidt and Ananich entered the Senate Chamber.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 9208 and 9227 (MCL 333.9208 and 333.9227),
section 9208 as amended by 2013 PA 120 and section 9227 as amended by 2006 PA
91.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators Hertel, Horn, Polehanki, Wojno, Geiss,
MacGregor, Chang, Alexander, Bullock, Ananich, Brinks, Bizon, Hollier, Zorn and
Bayer introduced
A bill to amend 1979 PA 94, entitled “The
state school aid act of 1979,” by amending section 167 (MCL 388.1767), as
amended by 2013 PA 122.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators Hertel, Polehanki, Wojno, Geiss,
Horn, MacGregor, Chang, Alexander, Bullock, Ananich, Brinks, Bizon, Zorn,
Hollier and Bayer introduced
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1177 (MCL 380.1177), as amended by
2013 PA 121.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
A bill to provide for certain requirements
regarding suicide prevention for schools; to prescribe the rights, powers, duties,
and privileges of schools, school districts, public school academies,
intermediate school districts, and other public school entities; to provide for
and prescribe the powers and duties of certain state departments; and to
provide for the regulation of certain school employees.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
A bill to amend 1893 PA 206, entitled “The
general property tax act,” by amending section 78a (MCL 211.78a), as amended by
2014 PA 499, and by adding section 44e.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Appropriations.
A bill to amend 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding section 44f.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Appropriations.
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section
537a.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title.
Senator MacGregor moved that rule 3.203 be
suspended and that the bill be referred to the Committee of the Whole and
placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16651 (MCL 333.16651), as added by 2018 PA
463.
The House of Representatives has passed the
bill and ordered that it be given immediate effect.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
By
unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was received:
Office
of Senator Kimberly A. LaSata
June 18, 2020
I respectfully request to be
added as a co-sponsor of Senate Bill 976, sponsored by Senator Sylvia Santana.
Sincerely,
Kim
LaSata
State
Senator
21st
District
The communication was referred to
the Secretary for record.
The following communication was
received:
Office
of Senator Jim Ananich
June 23, 2020
I respectfully request that my
name be added as a cosponsor to Senate Bills 954 and 955.
Thank you.
Sincerely,
Jim
Ananich
Senate
Minority Leader
District
27
The communication was referred to
the Secretary for record.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:10 a.m.
The Senate
was called to order by the President, Lieutenant Governor Gilchrist.
During
the recess, Senator Hollier entered the Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Resolutions
Senator
MacGregor moved that the Senate proceed to consideration of the following
resolution:
Senate Resolution No. 128
The
motion prevailed.
Senate Resolution No. 128.
A
resolution to express support for a bi-partisan discussion on renaming military
installations currently named after Confederate generals.
Whereas,
The United States Civil War pitted northern states against southern states over
a range of issues, but the primary division arose due to differences in
ideologies regarding state’s rights and slavery. The Confederate Army was
created to fight the United States government and preserve southern states
rights to own human beings as property. Several military officers resigned
their U.S. Army commissions to join the Confederacy; and
Whereas,
Michigan had a strong presence in the Civil War and significantly contributed to
the success of the Union Army. More than 90,000 Michigan men and 30 regiments
of infantry served in the Union Army, engaging Confederate soldiers on more
than 800 occasions; and
Whereas,
Ten federal military installations in the U.S. are named after Confederate
generals, men who led the rebellion against the United States government. The
choice of these generals does not reflect military prowess, principles, or
inspiration. Several of these men were not only ineffective military leaders
but were the living embodiment of the Confederacy; and
Whereas,
These installations are home to our service members who have pledged their
lives to support and defend the U.S. Constitution. Men and women who live and
work at bases named for those who took up arms against the very United States
the soldiers pledge to protect; and
Whereas,
While the installations are named after individuals, it is impossible to
disentangle the racist ideology embedded in Confederate symbols. Similar to the
way Confederate flags continue to be touted by white supremacists to incite
racial tensions, using names of Confederate soldiers acts as a symbol of the
Confederate cause. Continuing to use these names amounts to the same expression
of allegiance to the Confederacy as the use of any other Confederate symbol;
and
Whereas,
Active duty enlistment draws more heavily from the African American population
in the U.S. than their makeup in the general population. African American
soldiers are assigned to military installations named after men who not only
rebelled against the United States government but did so to preserve a
tradition of slavery. It is horrific that we ask brave men and women who
protect this country to do so under the names of individuals who fought to
oppress and enslave them because of their race; and
Whereas,
Allowing the names of Confederate generals to remain on federal military
installations suggests that the United States supports the Confederacy and all
that it stood for: racism, bigotry, and hatred. The names of military installations
should not honor a legacy of treason and slavery that embodies the Civil War;
and
Whereas,
The Army’s current naming policy provides that memorializations will honor
deceased heroes and distinguished individuals of all races who serve as
inspirations to their fellow soldiers. The Chief of Staff of the U.S. Army is
open to talking about renaming of military installations; now, therefore, be it
Resolved
by the Senate, That we support a bi-partisan discussion on renaming military
installations currently named after Confederate generals; and be it further
Resolved,
That copies of this resolution be transmitted to the President of the United
States, the United States Secretary of Defense, the Chief of Staff of the
U.S. Army, the President of the United States Senate, the Speaker of the
Michigan House of Representatives, and the members of the Michigan
congressional delegation.
Senator
MacGregor moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
The
question being on the adoption of the resolution,
Senator
MacGregor moved that the resolution be referred to the Committee on Families, Seniors,
and Veterans.
The motion prevailed.
Senator
MacGregor moved that the Senate proceed to consideration of the following
concurrent resolution:
Senate Concurrent Resolution No. 28
The
motion prevailed.
Senate Concurrent Resolution No. 28.
A
concurrent resolution to express support for a bi-partisan discussion on
renaming military installations currently named after Confederate generals.
Whereas,
The United States Civil War pitted northern states against southern states over
a range of issues, but the primary division arose due to differences in
ideologies regarding state’s rights and slavery. The Confederate Army was
created to fight the United States government and preserve southern states
rights to own human beings as property. Several military officers resigned
their U.S. Army commissions to join the Confederacy; and
Whereas,
Michigan had a strong presence in the Civil War and significantly contributed
to the success of the Union Army. More than 90,000 Michigan men and 30
regiments of infantry served in the Union Army, engaging Confederate soldiers
on more than 800 occasions; and
Whereas,
Ten federal military installations in the U.S. are named after Confederate
generals, men who led the rebellion against the United States government. The
choice of these generals does not reflect military prowess, principles, or
inspiration. Several of these men were not only ineffective military leaders
but were the living embodiment of the Confederacy; and
Whereas,
These installations are home to our service members who have pledged their lives
to support and defend the U.S. Constitution. Men and women who live and work at
bases named for those who took up arms against the very United States the
soldiers pledge to protect; and
Whereas,
While the installations are named after individuals, it is impossible to
disentangle the racist ideology embedded in Confederate symbols. Similar to the
way Confederate flags continue to be touted by white supremacists to incite
racial tensions, using names of Confederate soldiers acts as a symbol of the
Confederate cause. Continuing to use these names amounts to the same expression
of allegiance to the Confederacy as the use of any other Confederate symbol;
and
Whereas,
Active duty enlistment draws more heavily from the African American population
in the U.S. than their makeup in the general population. African American
soldiers are assigned to military installations named after men who not only
rebelled against the United States government but did so to preserve a
tradition of slavery. It is horrific that we ask brave men and women who
protect this country to do so under the names of individuals who fought to
oppress and enslave them because of their race; and
Whereas,
Allowing the names of Confederate generals to remain on federal military
installations suggests that the United States supports the Confederacy and all
that it stood for: racism, bigotry, and hatred. The names of military
installations should not honor a legacy of treason and slavery that embodies
the Civil War; and
Whereas,
The Army’s current naming policy provides that memorializations will honor
deceased heroes and distinguished individuals of all races who serve as
inspirations to their fellow soldiers. The Chief of Staff of the U.S. Army is
open to talking about renaming of military installations; now, therefore, be it
Resolved
by the Senate (the House of Representatives concurring), That we support a
bi-partisan discussion on renaming military installations currently named after
Confederate generals; and be it further
Resolved,
That copies of this resolution be transmitted to the President of the United
States, the United States Secretary of Defense, the Chief of Staff of the
U.S. Army, the President of the United States Senate, the Speaker of the
Michigan House of Representatives, and the members of the Michigan
congressional delegation.
Senator
MacGregor moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
The
question being on the adoption of the concurrent resolution,
Senator
MacGregor moved that the concurrent resolution be referred to the Committee on
Families, Seniors, and Veterans.
The motion prevailed.
House Concurrent Resolution No. 24
The
motion prevailed.
House Concurrent
Resolution No. 24.
A
concurrent resolution to demand that the Governor compile and make publicly
available certain data, to encourage medical professionals to provide elective
medical procedures, and to encourage the people of Michigan to continue to
practice safe social distancing.
Whereas, COVID-19 is a
respiratory disease that can result in serious illness and death; and
Whereas, In Executive Order
2020-17, Governor Whitmer prohibited hospitals, clinics, and medical
professionals from conducting elective medical procedures, including
non-essential preventive care, even in cases where hospitals and medical
professionals have the capacity to safely do so; and
Whereas, Governor Whitmer has not
provided and made available to the public, daily, county-level data on COVID-19
hospitalizations, hospital occupancy rates, emergency room visits, or medical
staffing numbers. Providing these and other data would improve government
transparency and accountability and would allow Michigan residents to learn
more about the state of the COVID-19 Pandemic in their area; now, therefore, be
it
Resolved by the House of
Representatives (the Senate concurring), That we demand that the Governor
compile and make available within seven days from the date of this concurrent
resolution, in a manner easily accessible by the public, detailed data
summarized by county on:
1. The
daily number of available hospital beds occupied by all patients since January
1, 2020, segregated by in-patient beds, negative air flow beds, and intensive
care unit (ICU) beds, as provided by the hospitals.
2. The daily number of available hospital beds occupied by
confirmed COVID-19 patients since January 1, 2020, segregated by in-patient
beds, negative air flow beds, and ICU beds, as provided by the hospitals.
3. The
daily number of emergency room visits in total and the daily number of
emergency room visits by patients testing positive for COVID-19 since January
1, 2020.
4. The
daily number of confirmed COVID-19 hospitalizations and confirmed COVID-19
deaths that are related to retirement homes or nursing homes since January 1,
2020.
5. The
daily number of confirmed COVID-19 hospitalizations and confirmed COVID-19
deaths of individuals who have had other pre-existing or underlying health
conditions since January 1, 2020, with segregation of those health conditions
and a breakdown of confirmed COVID-19 hospitalizations and confirmed COVID-19
deaths by age, gender, and race.
6. The
daily number of ventilators available and daily inventories of hospital
personal protective equipment (PPE) since March 10, 2020.
7. The
daily quantities of PPE possessed by the state government and the quantities
distributed to each hospital since March 10, 2020.
8. The
number of medical professionals who have been furloughed, had work hours
reduced, or received a cut in pay since March 10, 2020.
9. The
daily number of COVID-19 tests conducted since March 10, 2020, including
positive and negative results.
; and
be it further
Resolved, That we demand that all
data related to emergency room visits, hospitalizations, and deaths related to
COVID-19 patients be confirmed to be COVID-19 positive patients, and the date
of the emergency visit, hospitalization, or death be recorded as the actual
date of occurrence, not the date of any data adjustments being made
subsequently; and be it further
Resolved, That we encourage the
people of Michigan to continue to follow national guidelines for safe social
distancing and take steps to protect the populations most at risk, including
those residing in nursing homes and retirement homes; and be it further
Resolved, That if the Governor issues
any new executive orders pertaining to elective and preventive care procedures,
hospitals, clinics, and medical professionals should have the freedom to
provide elective procedures and preventive care where it is deemed appropriate
based on staffing capacity, hospital capacity, and availability of PPE and as
medical professionals in those facilities determine the best approach to
implement national guidelines for safe social distancing; and be it further
Resolved, That copies of this
resolution be transmitted to the Governor.
The
House of Representatives has adopted the concurrent resolution.
Senator
MacGregor moved that the rule be suspended.
The motion prevailed, a majority of the
members serving voting therefor.
The
question being on the adoption of the concurrent resolution,
Senator
MacGregor moved that consideration of the concurrent resolution be postponed
for today.
The motion prevailed.
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 11:26 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
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. 779
The
motion prevailed.
The
following bill was read a third time:
Senate Bill No. 779, entitled
A bill to amend 1976 IL 1, entitled “A
petition to initiate legislation to provide for the use of returnable
containers for soft drinks, soda water, carbonated natural or mineral water,
other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of
whatever alcoholic content, and for certain other beverage containers; to
provide for the use of unredeemed bottle deposits; to prescribe the powers and
duties of certain state agencies and officials; and to prescribe penalties and
provide remedies,” by amending sections 3a, 3b, and 3c (MCL 445.573a, 445.573b,
and 445.573c), section 3a as added by 1989 PA 148, section 3b as amended by
1998 PA 473, and section 3c as amended by 1996 PA 384.
The
question being on the passage of the bill,
The bill was passed, 3/4 of the members serving voting therefor, as
follows:
Roll Call No.
224 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Bizon Johnson Moss Theis
Brinks LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—0
Excused—1
Bullock
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 Hollier’s statement is as
follows:
I’d like to share a quick story
that my father shared at my ceremonial swearing-in. Today, Dr. Martin Luther
King started with a march. He gave the speech that we all know as the I Have a
Dream speech. For all of you who have been around Detroit, you know how
important that speech was in D.C., but the movement was really kicking off in
Detroit, and my dad went to a baseball game. At that moment, he was
deciding—should he go to this march or should he go to a baseball game—and he
chose the baseball game. The entire rest of his life, he’d always say to me, “When
things are happening, you should be there. When there’s an opportunity to make
a difference, you should make a difference. When there’s a chance to stand, you
should stand.”
As a new father, I recognize
particularly how when you tell your kids something and they learn a lesson,
sometimes they learn that lesson too good. When I was ten years old, I wanted
to go to the Million Man March—a march where Black people, particularly Black
men, from all across the country descended upon D.C. in a similar vein to talk
about the same things we’re talking about today. Not just police brutality, but
systemic racism, systemic inequities, to talk about what we need to do as a
community. It was a magical experience. It was an experience that I can’t
share—I can’t tell you how amazing it was—but I can tell you what a difference
it made in my life. While we were there, they were talking about people and so much
of the march was about the Million Man March; it was saying, Were there a
million people there? As I did that, my dad explained the crowd size and we
took a photo from the Washington Monument to look down on it. We gave that
photo to Mayor Archer, and Mayor Archer told me it’s rare that when you find
something, you see a problem, that you want to fix it. He said, You should
think about doing this.
The reason I stand here before
you is because when Dr. King came to Detroit, my dad went to a baseball game.
And because he went to a baseball game, he told me not to miss my opportunity
to make a difference. He told me that you couldn’t stand by and let history
happen because we made the difference—because you make the difference—and that’s
what happened in Detroit. That’s what you saw. You saw a movement and you saw
magic. You all know the speech. You all learn it during Black History Month.
But as a student in the Detroit Public Schools, you hear about how Dr. King
gave that speech here first. You hear about what that means, and the reason I
bring that up in this chamber is because all of us have an opportunity—an
opportunity to stand up and say that we think what’s going on is unacceptable,
and I know many of you do.
I appreciate all my colleagues
who are stepping up to do those kinds of things because we still have so far
left to go, but that was the point of the speech. That is the point of the
movement. That’s why we all ran for office. That’s why we are all here
today—because we know in our heart of hearts that we want to be on the field,
that we want to make a difference, and that we can. As you think about today,
as you think about the movements, and you think about the marches, and you
think about change, remember—you’re in this seat because you wanted to make a
difference and now is your chance. When you look back in history and you say,
Where was I 50 years ago when things changed? Did you go to a baseball game?
Were you sitting at home? Were you on the fence? Or were you, like I expect,
the people in the vanguard, the people at the front, the ones who were saying
that what has been happening will never happen again, and I made a difference.
That’s what I expect out of my colleagues. That’s what I know you can be and
those are the conversations we have been having—that today and every day, we
are going to make a change.
Colleagues, I look forward to
working with you on this. I look forward to making a difference with you.
Today, I will have a bill on my desk to make that difference, to talk about how
we make sustainable change, and I look forward to working with you on this.
Senator Geiss’ statement is as follows:
I rise before you today to add to
what our good friend from the 2nd Senate District had to say. And one of the
things that is so powerful about today’s anniversary, which was 57 years ago,
is that while everyone knows the words that were said in Washington, D.C.,
almost two months afterwards, on August 28, 1963. You know, we all know the
phrase ‘I Have a Dream.’ We all know the phrases that came after that. The
scripture that was cited and we cited in the very pivotal speech. But what most
people forget is how that speech started. That that speech was about the
urgency of now. And that speech was about looking at the fact that people were
fed up. People were using the power of their voices—the power of protest.
To quote Dr. King, that the
events that were “taking place in our nation tell us something else.” And I’m
going to paraphrase. They tell us that the Black people and his allies in the
white community now recognize the urgency of the moment. Another statement that
he made was that:
Now, more than ever before, America is
forced to grapple with this problem, for the shape of the world today does not
afford us the luxury of an anemic democracy. The price that this nation must
pay for the continued oppression and exploitation of [Black people] or any
other minority group is the price of its own destruction. For the hour is late,
the clock of destiny is ticking out, and we must act now before it is too late.
Were he still alive today I
imagine that he could say some of those very same words about the issues that
we are experiencing today, in real time. And while a year later, July 2,
1964—and we won’t be here to recognize this anniversary—is the date that
President Johnson signed the Civil Rights Act. The very bill that Dr. King, the
Freedom Riders, SNCC—all of the other groups who were fighting for civil
rights; who were fighting for desegregation specifically—not just in the South
where it was still legal, but also in the North where it wasn’t legal but where
is was still de facto. That social revolution that was occurring, while we have
made much progress and many changes, it is still incomplete. So I urge us all
to continue taking up that mantle of the urgency of now and to take Dr. King’s
words to heart that he gave here in Michigan first before going to D.C. and
that we use that as the core of our values when it comes to addressing systemic
racism, when it comes to recognizing that racism is still a public health
crisis, and in doing much better when it comes to addressing these ills that
still plague our communities and our state every day.
By
unanimous consent the Senate returned to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator McBroom 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 without amendment, the following bills:
House Bill No. 5781, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by
amending section 1021 (MCL 436.2021), as amended by 2013 PA 235, and by adding
section 551.
House Bill No. 5811, entitled
A bill
to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL
436.1101 to 436.2303) by adding section 537a.
The
bills were placed on the order of Third Reading of Bills.
Senate Bill No. 956, entitled
A bill
to amend 1978 PA 368, entitled “Public health code,” by amending section 21717
(MCL 333.21717), as amended by 2014 PA 66, and by adding section 5145.
Substitute
(S-3)
Announcements of Printing and
Enrollment
The
Secretary announced that the following House bills were received in the Senate
and filed on Thursday, June 18:
House
Bill Nos. 5482 5761 5810 5811 5827
The
Secretary announced that the following bills and resolutions were printed and
filed on Thursday, June 18, and are available on the Michigan Legislature
website:
Senate
Bill Nos. 973 974 975 976 977 978
Senate
Resolution Nos. 125 126 127
House
Bill Nos. 5865 5866 5867 5868 5869 5870 5871 5872 5873 5874 5875
The Committee on Health Policy and
Human Services reported
Senate Bill No. 826, entitled
A bill to amend 1974 PA 258,
entitled “Mental health code,” by amending sections 100a, 100b, 100c, 281b,
400, 420, 423, 425, 426, 427, 429, 430, 434, 435, 438, 452, 461, 463, 498o,
517, 532, 700, 740, and 742 (MCL 330.1100a, 330.1100b, 330.1100c, 330.1281b,
330.1400, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1430,
330.1434, 330.1435, 330.1438, 330.1452, 330.1461, 330.1463, 330.1498o,
330.1517, 330.1532, 330.1700, 330.1740, and 330.1742), sections 100a, 400, and
420 as amended by 2018 PA 595, section 100b as amended and section 281b as
added by 2014 PA 200, sections 100c, 423, 425, 426, 427, 429, and 463 as
amended by 2016 PA 320, sections 430, 498o, 700, and 740 as amended by 1995 PA 290,
sections 434, 435, 438, 452, and 461 as amended by 2018 PA 593, sections 517
and 532 as amended by 2018 PA 596, and section 742 as amended by 2004 PA 527.
With the recommendation that the bill
pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas: Senators VanderWall, Bizon,
Johnson, LaSata, Theis, Brinks, Hertel, Santana and Wojno
Nays: None
The bill was referred to the Committee
of the Whole.
The Committee on Health Policy
and Human Services reported
House Bill No. 4217, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending sections 7333, 16221, 16221b, 16226,
17744, 17751, and 17754 (MCL 333.7333, 333.16221, 333.16221b, 333.16226,
333.17744, 333.17751, and 333.17754), section 7333 as amended by 2018 PA 34,
sections 16221 and 16226 as amended by 2018 PA 463, section 16221b as added by
2017 PA 249, section 17744 as added by 2012 PA 209, section 17751 as
amended by 2017 PA 165, and section 17754 as amended by 2014 PA 525, and by
adding section 17754a.
With the recommendation that the
substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas: Senators VanderWall, Bizon,
Johnson, LaSata, Theis, Brinks, Hertel, Santana 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 Health Policy
and Human Services submitted the following:
Meeting held on Thursday, June
18, 2020, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators VanderWall (C),
Bizon, Johnson, LaSata, Theis, Brinks, Hertel, Santana and Wojno
Excused: Senator MacDonald
The Committee on Health Policy
and Human Services reported
Senate Bill No. 956, entitled
A bill to amend 1978 PA 368,
entitled “Public health code,” by amending section 21717 (MCL 333.21717), as
amended by 2014 PA 66, and by adding section 5145.
With the recommendation that the
substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that
the bill be given immediate effect.
Curtis
S. VanderWall
Chairperson
To
Report Out:
Yeas: Senators VanderWall, Bizon,
Johnson, LaSata, MacDonald and Theis
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 Health Policy
and Human Services submitted the following:
Meeting held on Tuesday, June 23, 2020,
at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators VanderWall (C),
Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel, Santana and Wojno
Agriculture
- Thursday,
June 25, 8:30 a.m., Room 403, 4th Floor, Capitol Building (517) 373-1721
Appropriations
-
Wednesday, June 24, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower
(517) 373-5307
COVID-19 Pandemic, Joint Select - Wednesday, June 24, 8:15 a.m., Room 519, Anderson
House Office Building, (517) 373-5795
Elections -
Wednesday, June 24, 1:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor,
Capitol Building (517) 373-5323
Energy and Technology - Wednesday, July 22, 3:00 p.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-1721
Finance -
Wednesday, June 24, 12:00 noon, Room 403, 4th Floor, Capitol Building (517)
373-5312
Government Operations - Thursday, June 25, 9:00 a.m., Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-5307
Judiciary and Public Safety -
Wednesday, June 24, 3:00 p.m., Room 403, 4th Floor, Capitol Building; and
Thursday, June 25, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
(517) 373-5312
Natural Resources - Wednesday, June 24, 8:00 a.m., Room 403, 4th Floor, Capitol Building
(517) 373‑5312
Transportation
and Infrastructure - Wednesday, June 24, 12:00 noon, Senate
Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Senator MacGregor moved that the
Senate adjourn.
The
motion prevailed, the time being 12:00 noon.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Wednesday, June 24, 2020, at 10:00 a.m.
MARGARET
O’BRIEN
Secretary
of the Senate