STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Wednesday, September
30, 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
Assistant 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 Lana Theis of the 22nd District
offered the following invocation:
Lord, we pray for our fellow members of the
Senate and House. Reveal Yourself to us and bring us closer to You that we may
hear Your voice clearly and distinctly. Speak to us of truth and integrity.
Return us, we pray, to the good and lofty aspirations we had when we ran for
office in the first place. Give each one of us strength to reach out to those
across the aisle and work together to help the citizens of Michigan absent
political gamesmanship. We boldly pray that You would bind our hearts together
in ways we would not have imagined. Let us declare as King David did, “How good
and pleasant it is when God’s people live together in unity.” Jesus, we believe
what you said, “What is impossible with man is possible with God.”
Let us see the good works done by people of
faith across our state and our districts. Let our eyes be opened to what You
are doing through our church and the precious believers across the country.
Give us a desire to promote things that honor You. Cut through the clutter of
politics as usual. Let us hear Your voice. Speak to them of honor, sacrifice,
and truth.
In Jesus’ name. Amen
The President, Lieutenant Governor Gilchrist,
led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator MacGregor moved that Senator Stamas be
temporarily excused from today’s session.
The motion prevailed.
The motion prevailed, a majority of the
members serving voting therefor.
Messages from the Governor
The
following message from the Governor was received on September 30, 2020, and
read:
EXECUTIVE ORDER
No. 2020-186
Declaration of state of
emergency and state of disaster
related to the COVID-19 pandemic
Rescission of Executive Order
2020-177
Where
Michigan was once among the states most heavily hit by COVID-19, our per-capita
rate of new daily cases has plateaued at a level well below the national
average. Despite gradually reopening our economy, Michigan’s seven-day case
positivity rate has remained between 3.0% and 3.7% since early July. Over the
same time period, case growth has also remained within a narrow band of 61 to
71 daily new cases per million population, by date of symptom onset. As
Michigan students have returned to in-person learning, schools and colleges
have become the leading source of outbreaks in our state, surpassing nursing
homes for the first time. Moreover, the number of counties experiencing severe
outbreaks (in excess of 100 cases per million per day) appears to be on the
rise, raising the possibility that hospital systems could become overwhelmed if
such flareups are not quickly extinguished.
There
is much we do not know about this novel virus, but we know at least three
things for certain: it is widespread, it is easily transmitted by airborne
particles, and its effects can be fatal. That lethal combination, combined with
ongoing uncertainty about how to defeat it, means that the health, economic,
and social harms of the COVID-19 pandemic remain severe and affect every corner
of this state. The COVID-19 pandemic therefore constitutes a statewide
emergency and disaster.
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.
Once
detected, the virus quickly 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 August 21, 2020, the Court of Appeals
ruled that my declaration of a state of emergency, my extensions of the state
of emergency, and my issuance of related executive orders clearly fell within
the scope of the governor’s authority under the Emergency Powers of the
Governor Act.
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.
These
statewide measures were effective. For example, a report released by the
Imperial College COVID‑19 Response Team showed that my actions
significantly lowered the number of cases and deaths that would have occurred
had the state done nothing. And while the virus remains aggressive and
persistent—on September 28, Michigan reported a total of 122,735 confirmed
cases and 6,729 deaths—the strain on our health care system has relented, even
as our testing capacity has increased.
In the
meantime, the economic toll continues to mount. 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).
The Michigan Department of Treasury projects that the pandemic will cost the
state $1 billion in revenue this fiscal year. Even as Michigan experiences
unemployment rates not seen in decades, federal unemployment assistance has
dwindled from $600 per week to $300. Without further action by Congress, even
this limited federal assistance will run out.
In
addition to these challenges, many Michigan students have returned to in-person
instruction. Meanwhile, the state has seen schools and colleges become the
leading source of outbreaks, even ahead of nursing homes. In addition to the
risk of fatalities among our younger age groups, we are still learning about
the long-term health consequences of this, including impacts on the heart,
lungs, kidneys, and brain, which could impact generations for years 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 to 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.
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 October 27, 2020 at 11:59 p.m. I will evaluate the continuing need for
this order.
4. Executive Order 2020-177 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:
September 29, 2020
Time:
6:15 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 September 30, 2020, and read:
EXECUTIVE ORDER
No. 2020-187
Encouraging the use of
electronic signatures and remote notarization,
witnessing, and visitation during the COVID-19 pandemic
Rescission of Executive Order
2020-173
To
reduce in-person interactions that may lead to the spread of COVID-19, this
order continues until October 31, 2020 the suspension of certain requirements
related to notarizations, witnessing of signatures, and in-person visitation
previously permitted by Executive Order 2020-158.
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.
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 August 21,
2020, the Court of Appeals ruled that the Governor’s declaration of a state of
emergency, her extensions of the state of emergency, and her issuance of
related EOs clearly fell within the scope of the Governor’s authority under the
EPGA.
On
September 29, 2020, I issued Executive Order 2020-186, again finding that the
COVID-19 pandemic constitutes a disaster and emergency throughout the State of
Michigan. That order constituted a state of emergency declaration under the
Emergency Powers of the Governor Act of 1945. And, to the extent the governor
may declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
had declined to grant an extension request, that order also constituted a state
of emergency and state of disaster declaration under that act.
The
Emergency Powers of the Governor Act provides a sufficient legal basis for
issuing this executive order. In relevant part, it provides that, after
declaring a state of emergency, “the governor may promulgate reasonable orders,
rules, and regulations as he or she considers necessary to protect life and
property or to bring the emergency situation within the affected area under
control.” MCL 10.31(1).
Nevertheless,
subject to the ongoing litigation and the possibility that current rulings may
be overturned or otherwise altered on appeal, I also invoke the Emergency Management
Act as a basis for executive action to combat the spread of COVID-19 and
mitigate the effects of this emergency on the people of Michigan, with the
intent to preserve the rights and protections provided by the EMA. The EMA
vests the governor with broad powers and duties to “cop[e] with dangers to this
state or the people of this state presented by a disaster or emergency,” which
the governor may implement through “executive orders, proclamations, and
directives having the force and effect of law.” MCL 30.403(1)–(2). This
executive order falls within the scope of those powers and duties, and to the
extent the governor may declare a state of emergency and a state of disaster
under the Emergency Management Act when emergency and disaster conditions exist
yet the legislature has not granted an extension request, they too provide a
sufficient legal basis for this order.
Acting
under the Michigan Constitution of 1963 and Michigan law, I order the
following:
1. Strict compliance with rules and procedures under
the Uniform Electronic Transactions Act (“UETA”), 2000 PA 305, as amended, MCL
450.831 et seq., and the Uniform Real
Property Electronic Recording Act (“URPERA”), 2010 PA 123, as amended, MCL
565.841 et seq., is temporarily
suspended to the extent necessary to permit the use of an electronic signature
for a transaction whenever a signature is required under Michigan law, unless
the law specifically mandates a physical signature. As provided in section 7 of
the UETA, MCL 450.837, a signature will not be denied legal effect or
enforceability solely because it is in electronic form and if a law requires a
signature, an electronic signature satisfies the law.
2. Strict compliance with rules and procedures
under section 18 of the UETA, MCL 450.848, is temporarily suspended so as to
permit each state department to send and accept electronic records and
electronic signatures to and from other persons without a determination from or
approval by the Department of Technology, Management and Budget.
3. Strict compliance the Michigan Law on Notarial
Acts, 2003 PA 238, as amended, MCL 55.261 et
seq., is temporarily suspended, to the extent it requires a notary to be in
the physical presence of an individual seeking the notary’s services or of any
required witnesses.
4. To minimize in-person interaction and
facilitate remote work during the declared states of emergency and disaster:
(a) Governmental agencies and officials of this
state are encouraged to use or permit the use of electronic records and
electronic signatures for transaction of business, processing of applications,
and recognition of the validity of legal instruments, and, when a notarized
signature is mandated by law, to use a remote electronic notary pursuant to the
Michigan Law on Notarial Acts, MCL 55.261 et
seq.
(b) Persons and entities engaged in transactions
are encouraged to use electronic records and electronic signatures and, when a
notarized signature is mandated by law, to use a remote electronic notary
pursuant to the Michigan Law on Notarial Acts, MCL 55.261 et seq.
5. In addition to other means available by law,
any notarial act that is required under Michigan law may be performed by a
notary who currently holds a valid notarial commission in this state (“notary”)
utilizing two-way real-time audiovisual technology, provided that all of the
following conditions are met:
(a) The two-way real-time audiovisual technology
must allow direct interaction between the individual seeking the notary’s
services, any witnesses, and the notary, wherein each can communicate
simultaneously by sight and sound through an electronic device or process at
the time of the notarization.
(b) The two-way real-time audiovisual technology
must be capable of creating an audio and visual recording of the complete notarial
act and such recording must be made and retained as a notarial record in
accordance with sections 26b(7) to 26b(9) of the Michigan Law on Notarial Acts,
MCL 55.286b(7) to 55.286b(9).
(c) The individual seeking the notary’s services
and any required witnesses, if not personally known to the notary, must present
satisfactory evidence of identity (e.g., a valid state-issued photo
identification) to the notary during the video conference, not merely transmit
it prior to or after the transaction, to satisfy the requirements of the
Michigan Law on Notarial Acts, MCL 55.261 et
seq., and any other applicable law.
(d) The individual seeking the notary’s services
must affirmatively represent either that the individual is physically situated
in this state, or that the individual is physically located outside the
geographic boundaries of this state and that either:
(1) The document is intended for filing with or relates to a matter
before a court, governmental entity, public official, or other entity subject
to the jurisdiction of this state; or
(2) The document involves property located in the territorial
jurisdiction of this state or a transaction substantially connected to this
state.
If an
individual is physically located outside of the geographic boundaries of this
state, the notary must have no actual knowledge that the individual’s act of
making the statement or signing the document is prohibited by the laws of the
jurisdiction in which the individual is physically located.
(e) The individual seeking the notary’s services,
any required witnesses, and the notary must be able to affix their signatures
to the document in a manner that renders any subsequent change or modification
of the remote online notarial act to be tamper evident.
(f) The individual seeking the notary’s services or
the individual’s designee must transmit by fax, mail, or electronic means a
legible copy of the entire signed document directly to the notary on the same
date it was signed. This requirement shall apply regardless of the manner in
which the document is signed.
(g) Once the notary has received a legible copy of
the document with all necessary signatures, the notary may notarize the
document and transmit the notarized document back to the individual seeking the
notary’s services.
(h) The official date and time of the notarization
shall be the date and time when the notary witnesses the signature via two-way
real-time audiovisual technology as required under this section.
6. Any requirement under Michigan law that an
in-person witness attest to or acknowledge an instrument, document, or deed may
be satisfied by the use of two-way real-time audiovisual technology, provided
that all of the following conditions are met:
(a) The two-way real-time audiovisual technology
must allow direct, contemporaneous interaction by sight and sound between the
individual signing the document (the “signatory”) and the witness(es).
(b) The interaction between the signatory and the
witness(es) must be recorded and preserved by the signatory or the signatory’s
designee for a period of at least three years, unless a law of this state
requires a different period of retention.
(c) The signatory must affirmatively represent
either that the signatory is physically situated in this state, or that the
signatory is physically located outside the geographic boundaries of this state
and that either of the following apply:
(1) The document is intended for filing with or relates to a matter
before a court, governmental entity, public official, or other entity subject
to the jurisdiction of this state; or
(2) The document involves property located in the territorial jurisdiction
of this state or a transaction substantially connected to this state.
(d) The signatory must affirmatively state during
their interaction with the witness(es) on the two-way real-time audiovisual
technology what document they are executing.
(e) Each title page and signature page of the
document being witnessed must be shown to the witness(es) on the two-way
real-time audiovisual technology in a manner clearly legible to the
witness(es), and every page of the document must be numbered to reflect both
the page number of the document and the total number of pages of the document.
(f) Each act of signing the document must be
captured sufficiently up close on the two-way real-time audiovisual technology
for the witness(es) to observe.
(g) The signatory or the signatory’s designee must
transmit by fax, mail, or electronic means a legible copy of the entire signed
document directly to the witness(es) within 72 hours of when it is executed.
(h) Within 72 hours of receipt, the witness(es)
must sign the transmitted copy of the document as a witness and return the
signed copy of the document to the signatory or the signatory’s designee by
fax, mail, or electronic means.
7. Notwithstanding any law or regulation of this
state to the contrary, absent an express prohibition in the document against
signing in counterparts, any document signed under this order may be signed in
counterparts.
8. A guardian, guardian ad litem, or visitor may
satisfy any requirement concerning a visit with a person, including but not
limited to a visit in the physical presence of a person under the Estates and
Protected Individuals Code, 1998 PA 386, as amended, MCL 700.1101 et seq., by instead conferring with that
person via two-way real-time audiovisual technology that allows direct,
contemporaneous interaction by sight and sound between the person being visited
and the guardian, guardian ad litem, or visitor.
9. Any law of this state requiring an individual
to appear personally before or be in the presence of either a notary at the
time of a notarization or a witness at the time of attestation or
acknowledgment shall be satisfied if the individual, the witness(es), and/or
the notary are not in the physical presence of each other but can communicate
simultaneously by sight and sound via two-way real-time audiovisual technology
at the time of the notarization, attestation, or acknowledgment.
10. For the duration of this order and any order
that may follow from it, financial institutions and registers of deeds must not
refuse to record a tangible copy of an electronic record on the ground that it
does not bear the original signature of a person, witness, or notary, if the
notary before whom it was executed certifies that the tangible copy is an
accurate copy of the electronic record.
11. Strict compliance with section 9(2) of the
Michigan Law on Notarial Acts, as amended, MCL 55.269(2), is temporarily
suspended to the extent necessary to extend until October 31, 2020 the validity
of a notarial commission that expired or is set to expire between March 1, 2020
and October 31, 2020.
12. For purposes of the “verified user agreement”
requirement of section 4 of the URPERA, MCL 565.844(4), a county recording
office must deem all financial institutions and all licensed title insurers or
their employed or contracted settlement agents as covered by a verified user
agreement for the duration of this order and any order that may follow from it.
The recorder may ask the financial institution or title insurance company for
verification of a notary’s employment or contractual association.
13. As used in this order:
(a) “Electronic,” “electronic record,” “electronic
signature,” “governmental agency,” “person,” and “transaction” mean those terms
as defined under section 2 of the UETA, MCL 450.832.
(b) “Financial institution” means that term as
defined in section 4(c) of the Michigan Strategic Fund Act, 1984 PA 270, as
amended, MCL 125.2004(c).
14. Executive Order 2020-173 is rescinded.
15. This order is effective immediately and
continues through October 31, 2020 at 11:59 p.m.
Given
under my hand and the Great Seal of the State of Michigan.
Date:
September 29, 2020
Time:
6:17 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 September 30, 2020, and
read:
EXECUTIVE ORDER
No. 2020-188
Temporary restrictions on entry
into health care facilities, residential care
facilities, congregate care facilities, and juvenile justice facilities
Rescission of Executive Order
2020-174
This
executive order extends the visitation restrictions of Executive Order 2020-174
to protect Michigan’s most vulnerable populations living in congregate
settings. The Michigan Department of Health and Human Services remains
empowered to specify exceptions to these restrictions.
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.
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 August 21,
2020, the Court of Appeals ruled that the Governor’s declaration of a state of
emergency, her extensions of the state of emergency, and her issuance of
related EOs clearly fell within the scope of the Governor’s authority under the
EPGA.
On September
29, 2020, I issued Executive Order 2020-186, again finding that the COVID-19
pandemic constitutes a disaster and emergency throughout the State of Michigan.
That order constituted a state of emergency declaration under the Emergency
Powers of the Governor Act of 1945. And, to the extent the governor may declare
a state of emergency and a state of disaster under the Emergency Management Act
when emergency and disaster conditions exist yet the legislature had declined
to grant an extension request, that order also constituted a state of emergency
and state of disaster declaration under that act.
The
Emergency Powers of the Governor Act provides a sufficient legal basis for
issuing this executive order. In relevant part, it provides that, after declaring
a state of emergency, “the governor may promulgate reasonable orders, rules,
and regulations as he or she considers necessary to protect life and property
or to bring the emergency situation within the affected area under control.”
MCL 10.31(1).
Nevertheless,
subject to the ongoing litigation and the possibility that current rulings may
be overturned or otherwise altered on appeal, I also invoke the Emergency
Management Act as a basis for executive action to combat the spread of COVID-19
and mitigate the effects of this emergency on the people of Michigan, with the
intent to preserve the rights and protections provided by the EMA. The EMA
vests the governor with broad powers and duties to “cop[e] with dangers to this
state or the people of this state presented by a disaster or emergency,” which
the governor may implement through “executive orders, proclamations, and
directives having the force and effect of law.” MCL 30.403(1)–(2). This
executive order falls within the scope of those powers and duties, and to the
extent the governor may declare a state of emergency and a state of disaster
under the Emergency Management Act when emergency and disaster conditions exist
yet the legislature has not granted an extension request, they too provide a
sufficient legal basis for this order.
Acting
under the Michigan Constitution of 1963 and Michigan law, I 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 2020-174 is rescinded.
9. This order is effective immediately.
Given
under my hand and the Great Seal of the State of Michigan.
Date:
September 29, 2020
Time:
6:19 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 September 30, 2020, and
read:
EXECUTIVE ORDER
No. 2020-189
Temporary COVID-19 protocols for
entry into Michigan Department of
Corrections facilities and transfers to and from Department custody; temporary
recommended COVID-19 protocols and enhanced early-release authorization for
county jails, local lockups, and juvenile detention centers
Rescission of Executive Order
2020-170
The
novel coronavirus presents an unusually deadly threat to people living in
congregate settings like jails and prisons. In order to protect these
vulnerable people, I took swift action in March 2020 to stem the tide of
COVID-19 in prisons and jails by ordering a suspension of transfers from jails
to prisons, and requiring the Department of Corrections to implement certain
risk reduction protocols. Under this order, jails were allowed to resume
transfers only upon demonstrating that they had implemented comparable risk
reduction protocols.
Michigan
continues to be a leader in testing for COVID-19. Our state now conducts the
eighth-highest number of daily tests and requires testing in congregate
settings like nursing homes and agricultural worker housing. In light of the
ongoing threat of COVID-19 to jail and prison populations, and the increased
availability of testing in our state, it is now reasonable and necessary to
require entry, transfer, and release testing of inmates in Michigan prisons,
and to allow transfers only from jails that implement comparable testing
protocols.
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.
On
March 10, 2020, the Department of Health and Human Services identified the
first two presumptive-positive cases of COVID-19 in Michigan. On that same day,
I issued Executive Order 2020-4. This order declared a state of emergency
across the state of Michigan under section 1 of article 5 of the Michigan Constitution
of 1963, the Emergency Management Act, 1976 PA 390, as amended (EMA), MCL
30.401
et seq., and the Emergency Powers of
the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since
then, the virus spread across Michigan, bringing deaths in the thousands,
confirmed cases in the tens of thousands, and deep disruption to this state’s
economy, homes, and educational, civic, social, and religious institutions. On
April 1, 2020, in response to the widespread and severe health, economic, and
social harms posed by the COVID-19 pandemic, I issued Executive Order 2020-33.
This order expanded on Executive Order 2020-4 and declared both a state of
emergency and a state of disaster across the State of Michigan under section 1
of article 5 of the Michigan Constitution of 1963, the Emergency Management
Act, and the Emergency Powers of the Governor Act of 1945. And on April 30,
2020, finding that COVID-19 had created emergency and disaster conditions
across the State of Michigan, I issued Executive Order 2020-67 to continue the
emergency declaration under the EPA, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the EMA.
Those
executive orders have been challenged in Michigan
House of Representatives and Michigan Senate v. Whitmer. On August 21,
2020, the Court of Appeals ruled that the Governor’s declaration of a state of
emergency, her extensions of the state of emergency, and her issuance of
related EOs clearly fell within the scope of the Governor’s authority under the
EPGA.
On
September 29, 2020, I issued Executive Order 2020-186, again finding that the
COVID-19 pandemic constitutes a disaster and emergency throughout the State of
Michigan. That order constituted a state of emergency declaration under the
Emergency Powers of the Governor Act of 1945. And, to the extent the governor
may declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
had declined to grant an extension request, that order also constituted a state
of emergency and state of disaster declaration under that act.
The
Emergency Powers of the Governor Act provides a sufficient legal basis for
issuing this executive order. In relevant part, it provides that, after
declaring a state of emergency, “the governor may promulgate reasonable orders,
rules, and regulations as he or she considers necessary to protect life and
property or to bring the emergency situation within the affected area under
control.” MCL 10.31(1).
Nevertheless,
subject to the ongoing litigation and the possibility that current rulings may
be overturned or otherwise altered on appeal, I also invoke the Emergency
Management Act as a basis for executive action to combat the spread of COVID-19
and mitigate the effects of this emergency on the people of Michigan, with the
intent to preserve the rights and protections provided by the EMA. The EMA
vests the governor with broad powers and duties to “cop[e] with dangers to this
state or the people of this state presented by a disaster or emergency,” which
the governor may implement through “executive orders, proclamations, and
directives having the force and effect of law.” MCL 30.403(1)–(2). This
executive order falls within the scope of those powers and duties, and to the
extent the governor may declare a state of emergency and a state of disaster
under the Emergency Management Act when emergency and disaster conditions exist
yet the legislature has not granted an extension request, they too provide a
sufficient legal basis for this order.
Acting
under the Michigan Constitution of 1963 and Michigan law, I find it reasonable
and necessary, for the reasons outlined above, to order:
1. Transfers
from jails to prisons. All transfers into the custody of the Department of
Corrections (“Department”) are temporarily suspended unless the transferring
jail or local lockup satisfactorily implements both the risk reduction
protocols described in section 2 and the testing protocols described in section
3.
(a) Beginning seven days from the effective date of
this order, and no more than once every seven days, a jail or local lockup may
request that the Director of the Department (“Director”) determine that the
jail or lockup has satisfactorily implemented both the risk reduction protocols
described in section 2 and the testing protocols described in section 3.
(b) Upon inspection, if the Director determines
that a jail or local lockup has satisfactorily implemented risk reduction
protocols and testing protocols, transfers from that jail or lockup will resume
in accordance with those protocols.
(c) Jails and local lockups must provide
documentation of each transferee’s testing history upon transfer. The Director
may reject transfers that do not pass the screening protocol for entry into a
facility operated by the Department.
(d) Parole violators in the Department’s custody
must not be transported to or lodged in a county jail or local lockup unless
the Director has determined that such county jail or local lockup has
satisfactorily implemented both the risk reduction protocols described in
section 2 and the testing protocols described in section 3.
2. Risk
reduction protocols. The Department must implement risk reduction protocols
to address COVID-19, including the following:
(a) Screening all persons arriving at or departing
from a facility, including staff, inmates, vendors, and any other person
entering the facility, in a manner consistent with guidelines issued by the
Centers for Disease Control and Prevention (“CDC”). Such screening includes a
temperature reading and obtaining information about travel and any contact with
persons under investigation for COVID-19 infection.
(b) Isolating and testing any inmate who has one or
more of the principal symptoms of COVID-19, including fever, sore throat, a new
uncontrolled cough that causes difficulty breathing, diarrhea, vomiting,
abdominal pain, new onset of a severe headache, and new loss of taste or smell.
(c) Restricting all indoor inmate visitation,
except for service providers (including but not limited to educational, legal,
and medical professionals), conducting any visitation without physical contact
to the extent feasible.
(d) Coordinating with local public health departments
on isolation plans and outbreak response.
(e) Notifying the local public health department of
any suspected or confirmed case of COVID-19.
(f) Providing, to the fullest extent possible,
appropriate personal protective equipment to all staff as recommended by the
CDC.
(g) To the extent feasible, opening windows and
doors, and using fans, to increase air circulation; considering taking
additional steps to improve ventilation in the facility, in consultation with
an HVAC professional, based on local environmental conditions.
(h) Conducting routine
cleaning and sanitizing consistent with CDC guidance, as provided at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/index.html.
(i) Ensuring access to personal hygiene products
for inmates and correctional staff, including soap and water sufficient for
regular handwashing.
(j) Ensuring that protective laundering protocols
are in place.
(k) Posting signage and continually educating on
the importance of social distancing, handwashing, and personal hygiene.
(l) Requiring
inmates and staff to practice social distancing to the fullest extent feasible,
and to wear facial coverings when maintaining six feet of social distance from
persons housed separately is not possible.
(m) Minimizing crowding, which may include
scheduling more times for meal and recreation to reduce person-to-person
contact.
(n) During transport, ensuring that staff and
inmates wear facial coverings and maintain appropriate social distance,
including by reducing vehicle capacity.
3. Testing
protocols. Consistent with guidance issued by the Michigan Department of
Health and Human Services, the Department must conduct COVID-19 diagnostic
testing in all of its facilities as follows (obtaining consent of the
individual or other person legally authorized to make medical care decisions
for the individual):
(a) Except as otherwise provided in this
subsection, test all inmates entering a facility at least once, and no more
than 48 hours after entry, or in the 72 hours prior to intake. Although testing
is recommended for all inmates entering a facility, this requirement does not
apply to inmates held outside general population, housed in single cells (i.e.
without other inmates), released within 24 hours, and provided with educational
materials on the importance of testing and contact tracing.
(b) Test any inmate scheduled to be transferred to
another facility, including a Department facility, within 72 hours prior to
transfer. The test conducted pursuant to subsection (a) satisfies the
requirements of this subsection if conducted within the 72 hours prior to
transfer.
(c) Test any inmate scheduled for release within 72
hours prior to release. The test conducted pursuant to subsection (a) satisfies
the requirements of this subsection if conducted within the 72 hours prior to
transfer. An inmate must not be detained solely because they refuse consent for
a COVID-19 test or because of positive COVID-19 status, but the Department must
not release an inmate into any other congregate setting if that inmate is in isolation
protocol.
(d) In case of a sustained outbreak (any confirmed
positive case identified within the last 14 days epidemiologically linked to
another positive case within the same facility) or other high-risk situation,
conduct ongoing testing coupled with contact tracing, in coordination with the
local public health department.
(e) Isolate and medically manage any inmate who
tests positive for COVID-19 as appropriate. Except for transfers to isolation
units, to manage medical needs, or for exigent security reasons, inmates
testing positive should not be transferred to another corrections facility or
other congregate setting, unless they meet the following criteria:
(1) At least 10 days have passed since symptom onset, except in cases in
which infection-control experts recommend longer isolation (e.g., up to 20 days
in severely immunocompromised persons), and;
(2) At least 24 hours have passed since resolution of fever without the
use of fever-reducing medications and;
(3) Other symptoms have improved.
(f) Isolate any inmate who refuses a test for
COVID-19 when required to be tested for 14 days. Except for transfers to
isolation units (including isolation units at another correctional facility),
to manage medical needs, or for exigent security reasons, inmates held in
isolation under this subsection should not be transferred to another
corrections facility or other congregate setting during this 14-day isolation
period.
(g) In the event that a former inmate who has been
released tests positive for COVID-19, the Department must make reasonable
efforts to notify that individual of their tests (such as calling the number
provided by that individual) or arrange for an alternative notification method.
4. State
assistance for expanded testing.
(a) The Department of Health and Human Services
must provide direct assistance with testing supplies, specimen collection, and
laboratory processing to jails and local lockups that request assistance, as
resources permit. Jails and local lockups may submit requests for assistance to
MDHHS-cjtestingrequests@michigan.gov.
(b) A jail or local lockup
that receives assistance yet still cannot comply with the testing protocols described in section 3 due to delays in test processing time may request
adjustments to the timing requirements of section 3, which the Director may
grant in her sole discretion.
5. Priority
release. To mitigate the risk of COVID-19 spreading in county jails, strict
compliance with the capacity and procedural requirements regarding county jail
overcrowding states of emergency in the County Jail Overcrowding Act (“CJOA”),
1982 PA 325, MCL 801.51 et seq., is
temporarily suspended. While this order is in effect, all actions that would be
authorized under the CJOA in the event of a declaration of a county jail
overcrowding state of emergency are authorized and shall remain authorized
without regard to any reduction in jail population or any other such
limitations on the duration of authorization imposed by the CJOA. Anyone
authorized to act under this section is strongly encouraged to consider early
release for all of the following, so long as they do not pose a public safety
risk:
(a) Older people, people who have chronic
conditions or are otherwise medically frail, people who are pregnant, and
people nearing their release date.
(b) Anyone who is incarcerated for a traffic
violation.
(c) Anyone who is incarcerated for failure to
appear or failure to pay.
(d) Anyone with behavioral health problems who can
safely be diverted for treatment.
6. Reimbursement
to counties. The State Budget Office must ensure that counties are
reimbursed for lodging inmates who would have been transferred into the
Department’s custody if not for the suspension of transfers.
7. Juvenile
detention centers. Juvenile detention centers are strongly encouraged to
reduce the risk that those at their facilities will be exposed to COVID-19 by
implementing as feasible the following measures:
(a) Adopting the risk reduction protocols and
testing protocols described in sections 1 and 2.
(b) Removing from the general population any
juveniles who have COVID-19 symptoms.
(c) Eliminating any form of juvenile detention or
residential facility placement except for juveniles who are determined to be a
substantial and immediate safety risk to themselves or others.
(d) Providing written and verbal communications to
all juveniles at such facilities regarding COVID-19, access to medical care,
and community-based support.
(e) To the fullest extent possible, facilitating
access to family, education, and legal counsel through electronic means (such
as telephone calls or video conferencing) at no cost, rather than through
in-person meetings.
8. Juveniles
on court-ordered probation. Unless otherwise directed by court order, for
juveniles on court-ordered probation, the use of out-of-home confinement for
technical violations of probation and any requirements for in-person meetings
with probation officers are temporarily suspended.
9. Effective
Date. This order is effective immediately and continues through October 30,
2020 at 11:59 p.m.
10. Effects
on prior orders. Executive Order 2020-170 is rescinded.
Given
under my hand and the Great Seal of the State of Michigan.
Date: September
29, 2020
Time:
6:21 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 September 30, 2020, and
read:
EXECUTIVE ORDER
No. 2020-190
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
2020-178
Beginning
in May 2020, I put in place special protocols to minimize the risk of COVID-19
transmission in food-selling establishments and pharmacies, as well as provide
temporary relief to Michigan’s food-service industry, local health departments,
and the Michigan Department of Agriculture and Rural Development (MDARD).
Because buying food and medicine remains an unavoidable source of infection
risk for many Michiganders, and the COVID-19 pandemic remains a serious and
deadly threat, it is reasonable and necessary to again extend these policies.
Given that most restaurants have resumed service, it is also reasonable and
necessary to provide a date by which normal licensing requirements will resume.
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.
On
March 10, 2020, the Department of Health and Human Services identified the
first two presumptive-positive cases of COVID-19 in Michigan. On that same day,
I issued Executive Order 2020-4. This order declared a state of emergency
across the state of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, 1976 PA 390, as amended
(EMA), MCL 30.401
et seq., and the Emergency Powers of
the Governor Act of 1945, 1945 PA 302, as amended (EPGA), MCL 10.31 et seq.
Since
then, the virus spread across Michigan, bringing deaths in the thousands,
confirmed cases in the tens of thousands, and deep disruption to this state’s
economy, homes, and educational, civic, social, and religious institutions. On
April 1, 2020, in response to the widespread and severe health, economic, and
social harms posed by the COVID-19 pandemic, I issued Executive Order 2020-33.
This order expanded on Executive Order 2020-4 and declared both a state of
emergency and a state of disaster across the State of Michigan under section 1
of article 5 of the Michigan Constitution of 1963, the Emergency Management
Act, and the Emergency Powers of the Governor Act of 1945. And on April 30,
2020, finding that COVID-19 had created emergency and disaster conditions
across the State of Michigan, I issued Executive Order 2020-67 to continue the
emergency declaration under the EPA, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the EMA.
Those
executive orders have been challenged in Michigan
House of Representatives and Michigan Senate v. Whitmer. On August 21,
2020, the Court of Appeals ruled that the Governor’s declaration of a state of
emergency, her extensions of the state of emergency, and her issuance of related
EOs clearly fell within the scope of the Governor’s authority under the EPGA.
On
September 29, 2020, I issued Executive Order 2020-186, again finding that the
COVID-19 pandemic constitutes a disaster and emergency throughout the State of
Michigan. That order constituted a state of emergency declaration under the
Emergency Powers of the Governor Act of 1945. And, to the extent the governor
may declare a state of emergency and a state of disaster under the Emergency
Management Act when emergency and disaster conditions exist yet the legislature
had declined to grant an extension request, that order also constituted a state
of emergency and state of disaster declaration under that act.
The
Emergency Powers of the Governor Act provides a sufficient legal basis for
issuing this executive order. In relevant part, it provides that, after
declaring a state of emergency, “the governor may promulgate reasonable orders,
rules, and regulations as he or she considers necessary to protect life and
property or to bring the emergency situation within the affected area under
control.” MCL 10.31(1).
Nevertheless,
subject to the ongoing litigation and the possibility that current rulings may
be overturned or otherwise altered on appeal, I also invoke the Emergency
Management Act as a basis for executive action to combat the spread of COVID-19
and mitigate the effects of this emergency on the people of Michigan, with the
intent to preserve the rights and protections provided by the EMA. The EMA
vests the governor with broad powers and duties to “cop[e] with dangers to this
state or the people of this state presented by a disaster or emergency,” which
the governor may implement through “executive orders, proclamations, and
directives having the force and effect of law.” MCL 30.403(1)–(2). This
executive order falls within the scope of those powers and duties, and to the
extent the governor may declare a state of emergency and a state of disaster
under the Emergency Management Act when emergency and disaster conditions exist
yet the legislature has not granted an extension request, they too provide a
sufficient legal basis for this order.
Acting
under the Michigan Constitution of 1963 and Michigan law, I order the
following:
1. Until November 30, 2020, 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.
2. Late fees shall not be assessed under sections
4113 or 4115 during the 2020–2021 license year.
3. 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.
4. Executive Order 2020-184, Workplace Safeguards,
is amended to add section 22, which provides: “22. Food-selling
establishments and pharmacies. Food-selling establishments and pharmacies
(meaning grocery stores, convenience stores, restaurants that sell groceries or
food available for takeout, and any other business that sells food) must:
(a) Provide access to handwashing facilities,
including those available in public restrooms;
(b) Allow employees sufficient break time to wash
hands as needed;
(c) Use best efforts to ensure checkout employees
disinfect their hands between orders to prevent cross-contamination;
(d) 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);
(e) 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;
(f) 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;
(g) Close self-serve prepared food stations such as
salad bars;
(h) Eliminate free samples and tasting stations;
(i) 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;
(j) Prohibit employees who are sick from reporting
to work and send employees home if they display symptoms of COVID-19;
(k) 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 of
October 31, 2020 or 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;
(l) Close
to the public for sufficient time each night to allow stores to be properly
sanitized;
(m) Encourage cash transactions to be processed at
self-checkout kiosks when possible;
(n) 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;
and
(o) Require vendors moving between food-selling
establishments to frequently clean and disinfect frequent touch points.”
5. Executive Order 2020-178 is rescinded.
6. This order is effective immediately.
Given
under my hand and the Great Seal of the State of Michigan.
Date:
September 29, 2020
Time:
6:23 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.
Senator Stamas entered the Senate Chamber.
By unanimous consent the Senate proceeded to
the order of
Messages from the House
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending section 759 (MCL 168.759), as amended by 2018 PA
603.
(This bill was returned from the House on
September 29 with a House substitute (H-5), immediate effect and full title,
and was laid over under the rules. See Senate Journal No. 74, p. 2008.)
The question being on concurring in the
substitute made to the bill by the House,
The substitute was concurred in, a majority of
the members serving voting therefor, as follows:
Roll Call No.
357 Yeas—32
Ananich Hertel McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Johnson McMorrow Stamas
Bizon LaSata Moss Theis
Brinks Lauwers Nesbitt VanderWall
Bumstead Lucido Outman Victory
Daley MacDonald Polehanki Wojno
Geiss MacGregor Runestad Zorn
Nays—6
Alexander Chang Irwin Santana
Bullock Hollier
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and
presentation to the Governor.
By unanimous consent the Senate proceeded to
the order of
General Orders
The motion prevailed, and the President,
Lieutenant Governor Gilchrist, designated Senator Barrett 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. 5334, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2084) by adding section 16d.
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 11d (MCL 777.11d), as amended
by 2018 PA 661.
The bills were placed on the order of Third
Reading of Bills.
House Bill No. 4476, entitled
A bill to amend 1951 PA 51, entitled “An act
to provide for the classification of all public roads, streets, and highways in
this state, and for the revision of that classification and for additions to
and deletions from each classification; to set up and establish the Michigan
transportation fund; to provide for the deposits in the Michigan transportation
fund of specific taxes on motor vehicles and motor vehicle fuels; to provide
for the allocation of funds from the Michigan transportation fund and the use
and administration of the fund for transportation purposes; to promote safe and
efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other
legal users of roads, streets, and highways; to set up and establish the truck
safety fund; to provide for the allocation of funds from the truck safety fund and
administration of the fund for truck safety purposes; to set up and establish
the Michigan truck safety commission; to establish certain standards for road
contracts for certain businesses; to provide for the continuing review of
transportation needs within the state; to authorize the state transportation
commission, counties, cities, and villages to borrow money, issue bonds, and
make pledges of funds for transportation purposes; to authorize counties to
advance funds for the payment of deficiencies necessary for the payment of
bonds issued under this act; to provide for the limitations, payment,
retirement, and security of the bonds and pledges; to provide for
appropriations and tax levies by counties and townships for county roads; to
authorize contributions by townships for county roads; to provide for the
establishment and administration of the state trunk line fund, local bridge
fund, comprehensive transportation fund, and certain other funds; to provide
for the deposits in the state trunk line fund, critical bridge fund,
comprehensive transportation fund, and certain other funds of money raised by
specific taxes and fees; to provide for definitions of public transportation
functions and criteria; to define the purposes for which Michigan transportation
funds may be allocated; to provide for Michigan transportation fund grants; to
provide for review and approval of transportation programs; to provide for
submission of annual legislative requests and reports; to provide for the
establishment and functions of certain advisory entities; to provide for
conditions for grants; to provide for the issuance of bonds and notes for
transportation purposes; to provide for the powers and duties of certain state
and local agencies and officials; to provide for the making of loans for
transportation purposes by the state transportation department and for the
receipt and repayment by local units and agencies of those loans from certain
specified sources; and to repeal acts and parts of acts,” by amending section
11c (MCL 247.661c), as amended by 2015 PA 182.
Substitute (S-1)
The following are the amendments to the substitute recommended by the
Committee of the Whole:
1. Amend page 3, line 7, after “signal” by
striking out “utilities” and inserting “systems”.
2. Amend page 3, line 16, after “signal”
by striking out “utilities” and inserting “systems”.
Senate Bill No. 82, entitled
A bill to amend 1998 PA 58, entitled “Michigan
liquor control code of 1998,” by amending section 533 (MCL 436.1533), as
amended by 2018 PA 386.
Substitute (S-1)
Senate Bill No. 991, entitled
A bill to amend 2019 PA 152, entitled “Lawful
internet gaming act,” by amending sections 3, 5, 7, and 11 (MCL 432.303,
432.305, 432.307, and 432.311).
Substitute (S-1)
House Bill No. 4460, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding section 24509 to article
18.
Substitute (S-6)
House Bill No. 4990, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16221 (MCL 333.16221), as amended by 2018 PA
463.
Substitute (S-1)
House Bill No. 4991, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16226 (MCL 333.16226), as amended by 2018 PA
463.
Substitute (S-1)
Senate Bill No. 77, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 20199 (MCL 333.20199) and by adding section
21788.
Substitute (S-3)
House Bill No. 4459, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding article 18.
Substitute (S-7)
By unanimous consent the Senate returned to
the order of
Motions and Communications
The
following communication was received:
Office of Senator Dayna Polehanki
September 22, 2020
Per Senate Rule (1.110(C)), I am requesting that my name be added as a
co-sponsor to Senate Bill 1006. It was introduced on June 25, 2020 by Senator
Jim Ananich and has been referred to the committee on Families, Seniors, and
Veterans.
Sincerely,
Dayna
Polehanki
State
Senator
Senate
District 7
The communication was referred to the Secretary for record.
The motion prevailed.
Senator
Shirkey’s statement is as follows:
I would ask you to help me invite our colleagues and guests on the
Senate floor to join me for a moment as we pay tribute to, and bid a heartfelt
ado to, a very special colleague that has served with and amongst us—most of
us—for a long, long time, over 30 years.
I was told that this fella—maybe I shouldn’t mention his name because he
asked for no farewell address—but to heck with that, we’re going to mention his
name anyways. I was told that Terry Marquardt didn’t want anyone to give a
floor speech. What the heck are you going to do Terry, just quit? We’re going
to do something to acknowledge your leaving. Terry, we couldn’t let this
occasion go without recognizing you for the many, many decades of service that
you’ve provided this legislative branch, the executive branch, and pretty much
every branch in between those two, including the tree branches out in the front
yard.
This tribute recognizes Terry’s many roles in Lansing, including working
in many Majority Leader offices, working for Governors, working for a Secretary
of State, and who knows who else in this chamber and beyond. If you ask me, or
Senator Johnson, or any of the others that were privileged enough to work
closely with Terry and ask them for one word that might describe Terry, I think
we could all agree to land on a word—confidant. Terry has the unique skillset
to deliver good news and bad in a gentle way that causes people to pay
attention, take action, and appreciate the advice—the thoughtful advice—that he
always provides. And like all best advisors, that skillset of knowing how to
deliver a message is a skillset that few own, Terry, and that you command, and
is one of the things we’ve all come to appreciate about you the most.
Terry, your wise council and friendship to so many inside and outside
this Capitol will be greatly, greatly missed. The hole that you’re creating by
exiting is not going to be easy to fill. But this retirement is well deserved,
both for you and for Deb. And your priorities are absolutely properly aligned. Terry
and Deb will be relocating to Arizona. I don’t think so much for the weather,
but maybe to be close to a couple of current grandkids and I’m hearing rumor, a
couple more on the way. What a blessing.
So please join me in a very hearty sendoff recognition of somebody who
is dear and special to this entire institution. And God bless you Terry and
Deb.
House
Bill No. 4459
House
Bill No. 4460
House
Bill No. 4990
House
Bill No. 4991
The motion prevailed, a majority of the
members serving voting therefor.
By unanimous consent the Senate proceeded to
the order of
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bills:
Senate
Bill No. 758
Senate Bill No. 983
House Bill No. 4332
House Bill No. 4459
House Bill No. 4460
House Bill No. 4990
House Bill No. 4991
Senate Bill No. 1054
Senate Bill No. 1097
Senate Bill No. 1006
Senate Bill No. 827
Senate Bill No. 1057
Senate Bill No. 1058
Senate Bill No. 1090
Senate Bill No. 1091
Senate Bill No. 293
Senate Bill No. 20
Senate Bill No. 21
Senate Bill No. 1021
Senate Bill No. 813
Senate Bill No. 1035
House Bill No. 4686
House Bill No. 5602
House Bill No. 5194
House Bill No. 5267
Senate Bill No. 986
Senate Bill No. 970
Senate Bill No. 761
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 758, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16101 and 18201 (MCL 333.16101 and
333.18201) and by adding sections 16190 and 18211a.
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.
358 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. 983, entitled
A bill to amend 1994 PA 204, entitled “The
children’s ombudsman act,” by amending section 3 (MCL 722.923), as amended by
2004 PA 560.
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.
359 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
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:
House Bill No. 4332, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 40102, 40103,
and 40114 (MCL 324.40102, 324.40103, and 324.40114), section 40102 as amended
by 2015 PA 24, section 40103 as amended by 2016 PA 382, and section 40114 as
amended by 2018 PA 390, and by adding section 40111d.
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.
360 Yeas—23
Barrett Johnson McBroom Stamas
Bizon LaSata Nesbitt Theis
Bumstead Lauwers Outman VanderWall
Daley Lucido Runestad Victory
Horn MacDonald Schmidt Zorn
Irwin MacGregor Shirkey
Nays—15
Alexander Bullock Hollier Polehanki
Ananich Chang McCann Santana
Bayer Geiss McMorrow Wojno
Brinks Hertel Moss
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3
of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect the environment and natural
resources of the state; to codify, revise, consolidate, and classify laws
relating to the environment and natural resources of the state; to regulate the
discharge of certain substances into the environment; to regulate the use of
certain lands, waters, and other natural resources of the state; to protect the
people’s right to hunt and fish; to prescribe the powers and duties of certain
state and local agencies and officials; to provide for certain charges, fees,
assessments, and donations; to provide certain appropriations; to prescribe
penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4459, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding article 18.
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.
361 Yeas—32
Alexander Geiss MacDonald Schmidt
Ananich Hertel MacGregor Shirkey
Barrett Hollier McCann Stamas
Bayer Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock LaSata Outman Victory
Chang Lauwers Polehanki Wojno
Daley Lucido Santana Zorn
Nays—6
Bizon Johnson Nesbitt Runestad
Bumstead McBroom
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or
consolidation of hospitals or services; to provide for the collection and use
of data and information; to provide for the transfer of property; to provide
certain immunity from liability; to regulate and prohibit the sale and offering
for sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4460, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding section 24509 to article
18.
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.
362 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bizon
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or consolidation
of hospitals or services; to provide for the collection and use of data and
information; to provide for the transfer of property; to provide certain
immunity from liability; to regulate and prohibit the sale and offering for
sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4990, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16221 (MCL 333.16221), as amended by 2020 PA
135.
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.
363 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bizon
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or consolidation
of hospitals or services; to provide for the collection and use of data and
information; to provide for the transfer of property; to provide certain
immunity from liability; to regulate and prohibit the sale and offering for
sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4991, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16226 (MCL 333.16226), as amended by 2020 PA
136.
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.
364 Yeas—37
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Barrett Horn McCann Shirkey
Bayer Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Bumstead Lauwers Outman Victory
Chang Lucido Polehanki Wojno
Daley MacDonald Runestad Zorn
Geiss
Nays—1
Bizon
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to protect and promote the public
health; to codify, revise, consolidate, classify, and add to the laws relating
to public health; to provide for the prevention and control of diseases and
disabilities; to provide for the classification, administration, regulation,
financing, and maintenance of personal, environmental, and other health
services and activities; to create or continue, and prescribe the powers and
duties of, departments, boards, commissions, councils, committees, task forces,
and other agencies; to prescribe the powers and duties of governmental entities
and officials; to regulate occupations, facilities, and agencies affecting the
public health; to regulate health maintenance organizations and certain third
party administrators and insurers; to provide for the imposition of a
regulatory fee; to provide for the levy of taxes against certain health
facilities or agencies; to promote the efficient and economical delivery of
health care services, to provide for the appropriate utilization of health care
facilities and services, and to provide for the closure of hospitals or consolidation
of hospitals or services; to provide for the collection and use of data and
information; to provide for the transfer of property; to provide certain
immunity from liability; to regulate and prohibit the sale and offering for
sale of drug paraphernalia under certain circumstances; to provide for the
implementation of federal law; to provide for penalties and remedies; to
provide for sanctions for violations of this act and local ordinances; to
provide for an appropriation and supplements; to repeal certain acts and parts
of acts; to repeal certain parts of this act; and to repeal certain parts of
this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 1054, entitled
A bill to amend 1897 PA 230, entitled “An act
to provide for the formation of corporations for the purpose of owning,
maintaining and improving lands and other property kept for the purposes of
summer resorts or for ornament, recreation or amusement, and to repeal all laws
or parts of laws in conflict herewith; and to impose certain duties on the
department of commerce,” by amending the title and sections 3, 9, 10, and 23
(MCL 455.3, 455.9, 455.10, and 455.23), the title and section 3 as amended by
1982 PA 117.
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.
365 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. 1097, entitled
A bill to amend 2007 PA 36, entitled “Michigan
business tax act,” by amending section 437 (MCL 208.1437), as amended by 2017 PA
217.
The
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.
366 Yeas—36
Alexander Hertel MacGregor Santana
Ananich Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt VanderWall
Chang Lauwers Outman Victory
Daley Lucido Polehanki Wojno
Geiss MacDonald Runestad Zorn
Nays—2
Barrett Bumstead
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. 1006, entitled
A bill to amend 1939 PA 280, entitled “The
social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2017
PA 13, and by adding section 14m.
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.
367 Yeas—32
Alexander Geiss MacDonald Schmidt
Ananich Hertel MacGregor Shirkey
Bayer Hollier McCann Stamas
Bizon Horn McMorrow Theis
Brinks Irwin Moss VanderWall
Bullock LaSata Outman Victory
Chang Lauwers Polehanki Wojno
Daley Lucido Santana Zorn
Nays—6
Barrett Johnson Nesbitt Runestad
Bumstead McBroom
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. 827, entitled
A bill to amend 2016 PA 407, entitled “Skilled
trades regulation act,” by amending section 807 (MCL 339.5807).
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.
368 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. 1057, entitled
A bill to amend 2016 PA 281, entitled “Medical
marihuana facilities licensing act,” by amending section 408 (MCL
333.27408).
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.
369 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. 1058, entitled
A bill to amend 2016 PA 281, entitled “Medical
marihuana facilities licensing act,” by amending section 102 (MCL
333.27102), as amended by 2019 PA 3.
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.
370 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. 1090, entitled
A bill to amend 1982 PA 295, entitled “Support
and parenting time enforcement act,” by amending section 5d (MCL
552.605d), as amended by 2014 PA 380.
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.
371 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. 1091, entitled
A bill to amend 1982 PA 294, entitled “Friend
of the court act,” by amending section 17 (MCL 552.517), as amended by 2019 PA
27, and by adding section 17f.
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.
372 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. 293, entitled
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending section 411 (MCL 339.411), as amended by 2014 PA 265.
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.
373 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 motion prevailed.
Senator
Moss’ statement is as follows:
This is a part of our ongoing efforts to reform our criminal justice
system and think about who this system is serving. When someone commits a
crime, they should face the appropriate consequences. It may be incarceration,
probation, and fines, but there are defined consequences. And when someone
faces that punishment and then fully repays their debt to society, what do we
want to happen to them next?
Right now, regardless of the severity of the crime, the length of the
punishment, and the work toward reformed behavior, people with a criminal
conviction face a life sentence of unemployability. Because, as they work to
put their life in order—as we want them to—should they apply for an occupation
license from the state to hold a job in Michigan, they must first pass a “good
moral character” test. And that criminal conviction, in and of itself, can be
used to deny someone an occupation license.
Let’s unpack that paradox here. We have a new Vocational Village in the
Department of Corrections—a “first-of-its-kind skilled trades training program
that aims to provide a positive learning community for prisoners who are
serious about completing career and technical education”—that’s right from the
Department of Corrections’ website. The state is actually training prisoners
who seek rehabilitation for jobs that the state knows they won’t be able to
hold.
Last session, we heard testimony in the House of Representatives from
Gary Wozniak who founded Recovery Park in Detroit, an urban non-profit farm
that employs people who have difficulty finding work, including those with
criminal records or recovering from drug addictions. The same difficulties Gary
encountered after he completed a sentence for financial crimes 30 years ago but
wouldn’t even be able to get a license from the state to mop the floor in a
nursing home.
I have been working for years with bipartisan partners—first in the
House last session and now in the Senate this session—to reform that definition
of “good moral character.” Under my bill here and several House bills that will
be coming before us in the next few weeks, state licensing boards and agencies
would have to consider an applicant’s overall employability, such as how long
ago the offense occurred, other evidence of rehabilitation, testimonials,
employment history, and employment aspirations.
The current system fails when the state encourages returning citizens to
continue on their path toward reform, yet gives them few opportunities to
fairly compete in our economy. A lot of these employment hurdles
disproportionately impact people of color because the criminal justice system
disproportionately adjudicates against people of color. These bills also
represent a part of the solution needed to address racial disparities while
giving everyone a chance to overcome their past mistakes.
We formed an impressive coalition to get this done of Democratic and
Republican House members joining me on this package, the American Civil
Liberties Union, the Mackinac Center, and Americans for Prosperity. Yes, this
is the Moss bill backed by Americans for Prosperity—and truly demonstrates the
bipartisan need to give people a second chance to become productive, tax-paying
citizens of our state, and keep them out of the criminal justice system.
The following bill was read a third time:
Senate Bill No. 20, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 317a (MCL 750.317a), as added by 2005
PA 167.
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.
374 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
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. 21, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 5a to
chapter II.
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.
375 Yeas—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Nays—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
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. 1021, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 16186 (MCL 333.16186), as amended by 2006 PA
398.
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.
376 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. 813, entitled
A bill to amend 1974 PA 258, entitled “Mental
health code,” by amending section 720 (MCL 330.1720), as added by 1995 PA 290,
and by adding section 721.
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.
377 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. 1035, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending sections 325, 687, and 701 (MCL 206.325, 206.687,
and 206.701), section 325 as amended by 2011 PA 38, section 687 as added by
2011 PA 38, and section 701 as amended by 2011 PA 311, and by adding chapter
18.
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.
378 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:
House Bill No. 4686, entitled
A bill to amend 1996 IL 1, entitled “Michigan
Gaming Control and Revenue Act,” by amending section 25 (MCL 432.225), as
amended by 2019 PA 158.
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.
379 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 question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to provide for the licensing,
regulation, and control of casino gaming operations, manufacturers and
distributors of gaming devices and gaming related equipment and supplies, and
persons who participate in gaming; to provide the distribution of revenue for
public education, public safety and economic development; authorizing limited
casino operations within the state of Michigan; to vest authority for the
licensing, regulation, and control of casino gaming in the Michigan gaming
control board; to restrict certain political contributions; to establish a code
of ethics for certain persons involved in gaming; to create certain funds; to
impose and authorize certain taxes and fees; to impose penalties; to authorize
conservators under certain circumstances; and to make an appropriation,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5602, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale
single state construction code act,” by amending section 28a (MCL 125.1528a),
as amended by 2018 PA 332.
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.
380 Yeas—27
Ananich Horn McBroom Shirkey
Barrett Johnson McMorrow Stamas
Bizon LaSata Moss Theis
Brinks Lauwers Nesbitt VanderWall
Bumstead Lucido Outman Victory
Daley MacDonald Runestad Zorn
Hertel MacGregor Schmidt
Nays—11
Alexander Chang Irwin Santana
Bayer Geiss McCann Wojno
Bullock Hollier Polehanki
Excused—0
Not
Voting—0
In The Chair: President
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to create a construction code
commission and prescribe its functions; to authorize the director to promulgate
rules with recommendations from each affected board relating to the
construction, alteration, demolition, occupancy, and use of buildings and
structures; to prescribe energy conservation standards for the construction of
certain buildings; to provide for statewide approval of premanufactured units;
to provide for the testing of new devices, materials, and techniques for the
construction of buildings and structures; to define the classes of buildings
and structures affected by the act; to provide for administration and
enforcement of the act; to create a state construction code fund; to prohibit
certain conduct; to establish penalties, remedies, and sanctions for violations
of the act; to repeal acts and parts of acts; and to provide an appropriation,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5194, entitled
A bill to amend 1974 PA 300, entitled “Motor
vehicle service and repair act,” by amending section 2 (MCL 257.1302), as
amended by 2016 PA 430.
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.
381 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 question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to regulate the practice of servicing
and repairing motor vehicles; to proscribe unfair and deceptive practices; to
provide for training and certification of mechanics; to provide for the
registration of motor vehicle repair facilities; to provide for enforcement;
and to prescribe penalties,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5267, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2084) by adding section 1050.
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.
382 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 question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of
the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of
the act shall be inserted to read as follows:
“An act to consolidate prior acts naming
certain Michigan highways; to provide for the naming of certain highways; to
prescribe certain duties of the state transportation department; and to repeal
acts and parts of acts and certain resolutions,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 986, entitled
A bill to amend 1980 PA 299, entitled “Occupational
code,” by amending sections 2401 and 2411 (MCL 339.2401 and 339.2411), section
2401 as amended by 1991 PA 166 and section 2411 as amended by 2010 PA 151.
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.
383 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. 970, entitled
A bill to amend 1993 PA 327, entitled “Tobacco
products tax act,” by amending sections 2 and 11 (MCL 205.422 and 205.431),
section 2 as amended by 2012 PA 188 and section 11 as amended by 2016 PA 86.
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.
384 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. 761, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 7521a and 7523a (MCL 333.7521a and
333.7523a), section 7521a as added by 2019 PA 7 and section 7523a as added by
2019 PA 8.
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.
385 Yeas—30
Ananich Hertel McCann Shirkey
Barrett Hollier Moss Stamas
Bizon Horn Nesbitt Theis
Brinks Johnson Outman VanderWall
Bullock LaSata Polehanki Victory
Chang Lauwers Runestad Wojno
Daley MacDonald Schmidt Zorn
Geiss MacGregor
Nays—8
Alexander Bumstead Lucido McMorrow
Bayer Irwin McBroom Santana
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
Introduction and Referral of Bills
Senate Bill No. 1151, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 17703, 17708, 17751, and 17757 (MCL
333.17703, 333.17708, 333.17751, and 333.17757), section 17703 as amended by
2016 PA 528, section 17708 as amended by 2020 PA 4, section 17751 as amended by
2020 PA 136, and section 17757 as amended by 2016 PA 383, and by adding
section 17751a.
The bill was read a first and second time by
title and referred to the Committee on Health Policy and Human Services.
Senators Geiss and Chang introduced
Senate Bill No. 1152, entitled
A bill to regulate the treatment of incarcerated
individuals in a jail or lockup who are pregnant or are in a postpartum period;
and to provide for the powers and duties of certain local governmental officers
and entities.
The bill was read a first and second time by
title and referred to the Committee on Judiciary and Public Safety.
Senator MacGregor introduced
Senate Bill No. 1153, entitled
A bill to amend 1893 PA 206, entitled “The
general property tax act,” (MCL 211.1 to 211.155) by adding section 9h.
The bill was read a first and second time by
title and referred to the Committee on Economic and Small Business Development.
Senators Irwin, Moss, Santana,
Chang and Hollier introduced
Senate Bill No. 1154, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 20101,
20114d, 20114e, 20120a, and 20120b (MCL 324.20101, 324.20114d, 324.20114e,
324.20120a, and 324.20120b), as amended by 2018 PA 581; and to repeal acts and
parts of acts.
The bill was read a first and second time by
title and referred to the Committee on Environmental Quality.
Senators Irwin, Moss, Chang,
Santana and Hollier introduced
Senate Bill No. 1155, entitled
A bill to create a marihuana business grant
program; to provide for the powers and duties of certain state governmental
officers and entities; and to provide for the promulgation of rules.
The bill was read a first and second time by
title and referred to the Committee on Regulatory Reform.
Senators Irwin, Chang and McMorrow introduced
Senate Bill No. 1156, entitled
A bill to amend 2016 PA 436, entitled “Unmanned
aircraft systems act,” by amending section 21 (MCL 259.321), as amended by 2018
PA 468.
The bill was read a first and second time by
title and referred to the Committee on Transportation and Infrastructure.
Senators Irwin, Chang, Moss and
Hollier introduced
Senate Bill No. 1157, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406v.
The bill was read a first and second time by
title and referred to the Committee on Insurance and Banking.
Senators Bayer, Polehanki, Wojno,
Geiss, McCann, Moss, McMorrow, Bullock, Santana, Hertel, Brinks, Chang and
Hollier introduced
Senate Bill No. 1158, entitled
A bill to amend 1927 PA 372, entitled “An act
to regulate and license the selling, purchasing, possessing, and carrying of
certain firearms, gas ejecting devices, and electro-muscular disruption
devices; to prohibit the buying, selling, or carrying of certain firearms, gas
ejecting devices, and electro-muscular disruption devices without a license or
other authorization; to provide for the forfeiture of firearms and
electro-muscular disruption devices under certain circumstances; to provide for
penalties and remedies; to provide immunity from civil liability under certain
circumstances; to prescribe the powers and duties of certain state and local
agencies; to prohibit certain conduct against individuals who apply for or
receive a license to carry a concealed pistol; to make appropriations; to
prescribe certain conditions for the appropriations; and to repeal all acts and
parts of acts inconsistent with this act,” by amending section 5o (MCL
28.425o), as amended by 2017 PA 95.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
Senators Polehanki, Bayer, Wojno,
Moss, Geiss, McCann, McMorrow, Bullock, Santana, Hertel, Brinks, Chang and
Hollier introduced
Senate Bill No. 1159, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by amending section 234d (MCL 750.234d), as amended by
1994 PA 158.
The bill was read a first and second time by
title and referred to the Committee on Government Operations.
By unanimous consent the Senate returned to
the order of
Resolutions
Senator Stamas offered the following
resolution:
Senate
Resolution No. 144.
A
resolution to designate October 2020 as Michigan Library Appreciation Month.
Whereas,
The Michigan Library Association (MLA) annually designates the month of October
as a statewide observance to celebrate the contributions of Michigan’s
libraries, librarians, and library staff; and
Whereas,
Michigan’s libraries, including school, public, academic, tribal, and special
libraries, are vital institutions and dynamic centers of discovery, lifelong
learning, and serve as cornerstones in healthy communities; and
Whereas,
Librarians and library workers play key roles in helping people explore,
imagine, and discover new horizons in the vast world of information, knowledge,
and entertainment; and
Whereas,
Today’s libraries are less about what they have on the shelves and more about
what they can do with and for their communities, whether it’s through virtual
services or in-person visits; and
Whereas,
Libraries and librarians work to create an equitable society by providing free
access to accurate information to all people; and
Whereas,
In times of crisis, libraries and library staff play a critical role in
continuing to support their communities when they need it the most; and
Whereas,
Libraries bring together diverse populations and are a resource for all members
within their communities regardless of race, ethnicity, creed, ability, sexual
orientation, gender identity, or socio-economic status; and
Whereas,
The development and maintenance of programs and collections in libraries are as
diverse as the populations they serve; and
Whereas,
Libraries serve as a vital connection to the people, places, and ideas of the
world through books, magazines, videos, and the Internet and are the primary
point of online access for people without computers at home, school, or work;
and
Whereas,
Indispensable educational resources for children and teenagers are provided by
libraries, which are on the front lines in the battle against illiteracy, offer
plenty of free activities, as well as safe, enriching entertainment for the
whole family; and
Whereas,
Half of all Michiganders hold library cards and visit their local libraries
in-person more than 43 million times annually, online nearly 50 million
times annually, and borrow nearly 40 million items each year; and
Whereas,
Hundreds of libraries and millions of library supporters across Michigan are
celebrating Michigan Library Appreciation Month this October; now, therefore,
be it
Resolved
by the Senate, That members of this legislative body designate October 2020 as
Michigan Library Appreciation Month. During this time, we encourage all
residents to visit their library’s website to explore and discover its wide
variety of services, resources, and collections.
Senator MacGregor moved that the rule be
suspended.
The motion prevailed, a majority of the
members serving voting therefor.
Senate
Resolution No. 145.
A
resolution to urge the Department of Homeland Security to conduct a swift
investigation into allegations of invasive medical procedures or hysterectomies
performed on immigrant detainees without informed consent, ensure impacted
individuals may freely participate in the investigation, and provide immediate
medical treatment to any affected individuals, and to memorialize the Congress
of the United States to pass measures requiring greater oversight of
immigration detention centers and increased protections for detainees.
Whereas,
The number of individuals detained by Immigration and Customs Enforcement (ICE)
has increased significantly in recent years. In fiscal year 2015, the average
daily population of immigrant detention centers was approximately 28,000. As of
fiscal year 2019, the daily population grew to more than 50,000 in detention
centers across the United States; and
Whereas,
On March 7, 2017, the Office of Detention Oversight, a division within the
Department of Homeland Security (DHS), and ICE conducted a compliance
inspection of the Irwin County Detention Center (ICDC) in Ocilla, Georgia and
reported 26 deficiencies at the facility, including severe deficiencies in
medical care. Inspectors noted missing informed consent documentation for any
treatments outside of general medical treatment. Informed consent documentation
is required by ICE’s Performance-Based National Detention Standards (PBNDS).
According to the report, the facility has demonstrated a pattern of inadequate
medical care, mistreatment of detainees, and an inability to produce supporting
documentation of informed consent for medical procedures; and
Whereas,
On September 14, 2020, a whistleblower complaint was filed by a nurse, Dawn
Wooten, alleging that detainees at ICDC have been subjected to unwanted medical
procedures and poor medical care at the privately-owned facility. According to
the complaint, Ms. Wooten spoke with multiple women detained at ICDC that have
undergone hysterectomies that stated they were confused afterwards about why
they had undergone the procedure. Other detained women reported that they felt
misled about the nature of the medical procedures or did not fully understand
what was being done to them. Ms. Wooten also stated that one surgeon was
referred to as “the uterus collector” because of the high number of
hysterectomies he performed. The details of the complaint suggest that many of
these procedures occurred without informed consent; and
Whereas,
In September 2020, Mexican authorities reported that at least six women have
potentially been subjected to the procedure, and they have opened their own
investigation as a result. The Mexican government has threatened to impose
sanctions against the United States if the claims are confirmed. The exact
number of forced sterilizations performed without informed consent at ICDC or
other ICE facilities is unknown. Such a determination requires an extensive
investigation into the claims reported by multiple parties; and
Whereas,
Sterilization without informed consent or medical necessity is unacceptable by
medical standards, American legal standards, international law, and is a gross
violation of basic human rights that women in the United States should be
guaranteed. The American College of Obstetricians and Gynecologists (ACOG) has
provided guidance stating that, “only rarely should incarcerated women undergo
sterilization,” and the procedure should only occur when “excellent
documentation of prior (pre-incarceration) request for sterilization is
available.” The ACOG prescribes procedural safeguards and oversight of the
procedure due to “the likelihood that the coercive environment impedes true
informed consent”; and
Whereas,
A thorough and immediate investigation by the Office of Inspector General at
DHS, as well as stronger congressional oversight, is critical to address the
serious whistleblower complaints regarding forced hysterectomies performed on
women at the ICDC. If federal action is not taken, the health and lives of
women detained at ICE facilities across the United States will be at risk of
irreparable harm; now, therefore, be it
Resolved
by the Senate, That we urge the Department of Homeland Security to conduct a
swift investigation into allegations of forced hysterectomies performed on
immigrant detainees without informed consent; ensure impacted individuals are
able to freely participate in any investigation and share their stories without
fear or reprisal; and immediately allow individuals who may have experienced an
unnecessary or nonconsensual procedure to have access to adequate, safe, and
consensual medical treatment or to seek a second opinion from an independent
medical professional; and be it further
Resolved,
That we memorialize the Congress of the United States to pass measures
requiring greater oversight of immigration detention centers and increased
protections for detainees; and be it further
Resolved,
That copies of this resolution be transmitted to the United States Secretary of
Homeland Security, the President of the United States Senate, the Speaker of
the United States House of Representatives, and the members of the Michigan
congressional delegation.
Pursuant to rule 3.204, the resolution was
referred to the Committee on Government Operations.
Senator Lucido offered the following
concurrent resolution:
Senate
Concurrent Resolution No. 32.
A
concurrent resolution to memorialize the Congress of the United States to enact
legislation to allow employees to disenroll from dependent care flexible
spending accounts and withdraw unused funds.
Whereas,
Dependent care flexible spending accounts (FSAs) allow employees to set aside a
portion of their income to be used pre-tax for certain expenses. Contributions
to these plans can be used for various dependent care expenses, including, but
not limited to, preschool, summer day camp, and before and after school
programs; and
Whereas,
Dependent care FSAs are subject to strict federal regulation. Participants must
estimate future expenses at the beginning of each plan year and cannot change
their monthly contribution, except in limited circumstances. Plans are also
subject to a “use-or-lose” rule, meaning that unused funds are forfeited by the
employee at the end of each plan year; and
Whereas,
The COVID-19 Pandemic has significantly altered the dependent care landscape and
has put millions of Americans at risk of forfeiting unused balances. In order
to mitigate the virus’s spread, many childcare facilities in Michigan and
around the country have temporarily closed or reduced operations. In addition,
many employees are working fewer hours or working from home, reducing dependent
care needs. These families are at risk of losing thousands of dollars due to
circumstances completely beyond their control; and
Whereas,
Congress should enact legislation to temporarily allow dependent care FSA
participants to disenroll from these plans and withdraw funds from these
accounts. While the Internal Revenue Service (IRS) has already taken steps to
allow mid-year amendments to reduce or end monthly contributions, funds that
had already been deposited are still subject to the “use-or-lose” rule; and
Whereas,
During the deepest economic recession in nearly a century, allowing American
families to needlessly forfeit income would be counterproductive to the nation’s
recovery. In contrast, allowing families to withdraw these funds would help
them to meet necessary expenses and increase their spending power to support
businesses during this crisis; now, therefore, be it
Resolved
by the Senate (the House of Representatives concurring), That we memorialize
the Congress of the United States to enact legislation to allow employees to
disenroll from dependent care flexible spending accounts and withdraw unused
funds; and be it further
Resolved,
That copies of this resolution be transmitted to the Speaker of the United
States House of Representatives, the President of the United States Senate, 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 Health Policy and Human Services.
The motion prevailed
By unanimous consent the Senate proceeded to
the order of
Statements
Protest
Senator McBroom, under his constitutional
right of protest (Art. 4, Sec. 18), protested against the passage of Senate
Bill No. 761.
Senator
McBroom’s statement is as follows:
I was really pleased to be part of a package of bills during my time in
the House of Representatives and then here in the Senate that dealt with asset
forfeiture, and I’m really grateful to see how hard this body and others have
worked to end what is clearly very unjust and, in my opinion, blatantly
unconstitutional.
Our Constitution specifically says, in article VIII, that monies
forfeited because of a crime—penalties—are to go to the library fund, and the
reason we do that is so that the part of the government that has enforcement
powers does not suffer with the perverse incentive to profit from its work. In
other words, we don’t give the body that has the power of the sword the ability
to make money by using that sword.
It’s really with a great deal of frustration that I had to deal with
this particular bill which comes after the asset forfeiture issue. It shows a
circumstance in airports that’s certainly notable and worthy of consideration,
but due to the way the monies are collected and handled and who gets them, I
was not able to support this and I think we could have done a lot better to
make sure that that money was not going to those who collected it. It should go
to the library fund as the Constitution says in article VIII.
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Committee Reports
COMMITTEE
ATTENDANCE REPORT
The Committee on Judiciary and Public Safety
submitted the following:
Meeting held on Tuesday, September 29, 2020,
at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building
Present: Senators Lucido (C), VanderWall,
Barrett, Johnson, Runestad, Chang and Irwin
COMMITTEE
ATTENDANCE REPORT
The Committee on Oversight submitted the
following:
Meeting held on Tuesday, September 29, 2020,
at 2:00 p.m., Room 403, 4th Floor, Capitol Building
Present: Senators McBroom (C), Lucido, Theis,
MacDonald and Irwin
Advice and Consent – Thursday, October 1, 8:30 a.m., Room 1100, Binsfeld Office Building
(517) 373-5314
Economic and Small Business Development – Thursday, October 1, 12:00 noon, Harry T. Gast
Appropriations Room, 3rd Floor, Capitol Building (517) 373-1721
Education and Career
Readiness – Tuesday, October 6, 12:00
noon, Room 403, 4th Floor, Capitol Building (517) 373-5314
Health Policy and Human Services
– Thursday, October 1, 1:00 p.m.,
Senate Hearing Room, Ground Floor, Boji Tower (517) 373-5323
Judiciary and Public Safety
– Thursday, October 1, 8:30 a.m.,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517)
373-5312
Local Government – Thursday,
October 1, 1:30 p.m., Room 1200, Binsfeld Office Building
(517) 373-5312
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being 11:35
a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Thursday, October 1, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate