STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2020
Senate Chamber, Lansing, Thursday, May 7, 2020.
10:00
a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
The roll was called by the Secretary of the Senate, who
announced that a quorum was present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator
Tom Barrett of the 24th District offered the following invocation:
Grant
me, O Lord, good digestion, and something to digest. Grant me a healthy body,
and the necessary good humor to maintain it. Grant me a simple soul that knows
to treasure all that is good and that doesn’t frighten easily at the sight of
evil, but rather finds the means to put things back in their place.
Give me
a soul that knows not boredom, grumbles, sighs, and laments, nor excess of
stress, because of that obstructing thing called ‘I.’ Grant me, O Lord, a sense
of good humor. Allow me the grace to be able to take a joke to discover in life
a bit of joy, and to be able to share it with others. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator McBroom entered the
Senate Chamber.
Senator Chang moved that Senator
Santana 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 May 7, 2020, and read:
EXECUTIVE
ORDER
No.
2020-75
Temporary authorization of remote participation
in public meetings
and hearings and temporary relief from monthly meeting
requirements for school boards
Rescission of Executive Order 2020-48
The novel coronavirus (COVID-19) is a
respiratory disease that can result in serious illness or death. It is caused
by a new strain of coronavirus not previously identified in humans and easily
spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department of
Health and Human Services identified the first two presumptive-positive cases
of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4.
This order declared a state of emergency across the state of Michigan under
section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
The Emergency Management Act vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)-(2). Similarly, the
Emergency Powers of the Governor Act of 1945 provides that, after declaring a
state of emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL
10.31(1).
To mitigate the spread of COVID-19,
protect the public health, and provide essential protections to vulnerable
Michiganders, it is crucial that all Michiganders take steps to limit in-person
contact. These critical mitigation measures include social distancing and
limiting the number of people interacting at public gatherings.
To that end, it is reasonable and
necessary to temporarily suspend rules and procedures relating to physical
presence at meetings and hearings of public bodies and other governmental
entities in Michigan. These public bodies and entities must continue to conduct
public business during this emergency, including actions to respond to
COVID-19, and the general public must be able to continue to participate in
government decision-making without unduly compromising public health, safety,
and welfare.
Executive Order 2020-15 provided this
limited and temporary relief from certain rules and procedures. Executive Order
2020-48 clarified and extended the duration of that relief. This order extends
the duration of that relief further, as it remains reasonable and necessary to
suppress the spread of COVID-19 and protect the public health and safety of
this state and its residents. With this order, Executive Order 2020-48 is
rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. To the extent that the Open Meetings Act (“OMA”),
1976 PA 267, as amended, MCL 15.261 to 15.272, requires that a meeting of a
public body be held in a physical place available to the general public or
requires the physical presence of one or more members of a public body, strict
compliance with section 3 of the OMA, MCL 15.263, is temporarily suspended in
order to alleviate any such physical-place or physical-presence requirements,
as follows:
(a) A meeting of a public body may be held
electronically, including by telephonic conferencing or video conferencing, in
a manner in which both the general public and the members of the public body
may participate by electronic means.
(b) A meeting of a public body held electronically
must be conducted in a manner that permits two-way communication so that
members of the public body can hear and be heard by other members of the public
body and so that general public participants can hear members of the public
body and can be heard by members of the public body and other participants
during a public comment period. The public body may use technology to
facilitate typed public comments that may be read to or shared with members of
the public body and other participants to satisfy the requirement that members
of the public can be heard by others during the meeting.
(c) Members of a public body and of the general
public participating electronically will be considered present and in
attendance at the meeting and may participate in the meeting as if physically
present at the meeting.
(d) All persons must be permitted to participate in
any meeting of a public body held electronically, except as otherwise provided
in the OMA.
(e) If a public body directly or indirectly
maintains an official internet presence, the public body must, consistent with
and in addition to any other applicable notice requirements under the OMA, post
advance notice of a meeting held electronically on a portion of the public body’s
website that is fully accessible to the public. The public notice on the
website must be included on either the homepage or on a separate webpage
dedicated to public notices for non-regularly scheduled public meetings or
electronic meetings and accessible through a prominent and conspicuous link on
the website’s homepage that clearly describes its purpose for public notification
of those non-regularly scheduled or electronic public meetings. Notice of a
meeting of a public body that will be held electronically must include all of
the following:
(i) An
explanation of the reason why the public body is meeting electronically.
(ii) Detailed
procedures by which the public may participate in the meeting remotely,
including a telephone number, internet address, or both.
(iii) Procedures
by which persons may contact members of the public body to provide input or ask
questions on any business that will come before the public body at the meeting.
(iv) Procedures
by which persons with disabilities may participate in the meeting.
(f) The right of a person to participate in a
meeting of a public body held electronically includes the right to tape-record,
to videotape, to broadcast live on radio, and to telecast live on television
the proceedings of the public body at a public meeting. The exercise of this
right does not depend on the prior approval of the public body. However, a public
body may establish reasonable rules and regulations to minimize the possibility
of disrupting the meeting.
(g) A public body may not require a person as a
condition of participating in a meeting of the public body held electronically
to register or otherwise provide his or her name or other information or
otherwise to fulfill a condition precedent to attendance, other than mechanisms
necessary to permit the person to participate in a public comment period of the
meeting.
(h) A person must be permitted to address a meeting
of a public body held electronically under rules established and recorded by
the public body. A person must not be excluded from a meeting held
electronically otherwise open to the public except for a breach of the peace
actually committed during the meeting.
(i) During a meeting of a public body held
electronically, members of the public body are urged to take all votes by roll
call to avoid any questions about how each member of the public body votes.
(j) If a public body holding a meeting
electronically directly or indirectly maintains an official internet presence,
the public body is encouraged to make available to the general public through
the public body’s website homepage an agenda and other materials relating to
the meeting.
(k) Members of the general public otherwise
participating in a meeting of a public body held electronically may be excluded
from participation in a closed session of the public body held electronically
during that meeting if the closed session is convened and held in compliance
with the requirements of the OMA applicable to a closed session.
2. A public body holding a meeting electronically
as provided under this order is encouraged to do so in a manner that
effectuates as fully as possible the purposes of the OMA, which include
promoting government accountability and fostering openness in government to
enhance responsible decision-making. Discussions or deliberations at an open
meeting that cannot at a minimum be heard by the general public participating in
the meeting are contrary to these purposes. Accordingly, members of a public
body must avoid using email, texting, instant messaging, and other such
electronic forms of communication to make a decision or deliberate toward a
decision, and must avoid “round-the-horn” decision-making in a manner not
accessible to the public at an open meeting.
3. If a decision or other action of a public body
is in compliance with the requirements of this order and the other requirements
of the OMA, it is in compliance with the OMA.
4. If a statute or rule other than the OMA
requires that public comments be permitted or a public hearing be held,
including in conjunction with the issuance of a permit or a hearing required
under the Uniform Budgeting and Accounting Act, 1968 PA 2, as amended, MCL
141.421 to 141.440a, a public body or department or agency may provide a means
for remote public comment or participation through the use of any technology
that would facilitate a member of the general public’s ability to participate
remotely to the same extent as if the member of the general public appeared in
person. If not expressly authorized by statute or rule, written comment,
including by electronic means, also is permitted.
5. Strict compliance with subsection 6 of section
11a, subsection 7 of section 384, and subsection 1 of section 418a of the
Revised School Code, 1976 PA 451, as amended, MCL 380.11a(6), MCL 380.384(7),
and MCL 380.418a(1), is temporarily suspended so as not to require school
district boards to hold meetings at least once each month.
6. Nothing in this order permits a public body to
limit or restrict the rights of the press or other news media. Members of
public bodies are encouraged to facilitate access by members of the press and
other news media both to meetings held electronically and to members of public
bodies.
7. As used in this order, the terms “decision,” “meeting,”
and “public body” mean those terms as defined under section 2 of the OMA, MCL
15.262, except this order does not apply to state legislative bodies.
8. A provision of this order will prevail over any
conflicting provision of a local charter, ordinance, or rule.
9. This order supersedes sections 2 and 3 of
Executive Directive 2020-2.
10. This order is effective immediately and
continues through June 30, 2020.
11. Executive Order 2020-48 is rescinded.
Given under my hand and the Great Seal
of the State of Michigan.
Date: May 6, 2020
Time: 7:25 p.m.
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
The following message from the Governor
was received on May 7, 2020, and read:
EXECUTIVE
ORDER
No.
2020-76
Temporary expansions in unemployment
eligibility and cost-sharing
Rescission of Executive Order 2020-57
The novel coronavirus (COVID-19) is a
respiratory disease that can result in serious illness or death. It is caused
by a new strain of coronavirus not previously identified in humans and easily
spread from person to person. There is currently no approved vaccine or
antiviral treatment for this disease.
On March 10, 2020, the Department of
Health and Human Services identified the first two presumptive-positive cases
of COVID-19 in Michigan. On that same day, I issued Executive Order 2020-4.
This order declared a state of emergency across the state of Michigan under
section 1 of article 5 of the Michigan Constitution of 1963, the Emergency
Management Act, 1976 PA 390, as amended, MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945, 1945
PA 302, as amended, MCL 10.31 et seq.
Since then, the virus spread across
Michigan, bringing deaths in the thousands, confirmed cases in the tens of
thousands, and deep disruption to this state’s economy, homes, and educational,
civic, social, and religious institutions. On April 1, 2020, in response to the
widespread and severe health, economic, and social harms posed by the COVID-19
pandemic, I issued Executive Order 2020-33. This order expanded on Executive
Order 2020-4 and declared both a state of emergency and a state of disaster
across the State of Michigan under section 1 of article 5 of the Michigan
Constitution of 1963, the Emergency Management Act, and the Emergency Powers of
the Governor Act of 1945. And on April 30, 2020, finding that COVID-19 had
created emergency and disaster conditions across the State of Michigan, I
issued Executive Order 2020-67 to continue the emergency declaration under the
Emergency Powers of the Governor Act, as well as Executive Order 2020-68 to
issue new emergency and disaster declarations under the Emergency Management
Act.
The Emergency Management Act vests the
governor with broad powers and duties to “cop[e] with dangers to this state or
the people of this state presented by a disaster or emergency,” which the
governor may implement through “executive orders, proclamations, and directives
having the force and effect of law.” MCL 30.403(1)-(2). Similarly, the
Emergency Powers of the Governor Act of 1945 provides that, after declaring a
state of emergency, “the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control.” MCL 10.31(1).
To mitigate the spread of COVID-19,
protect the public health, and provide essential protections to vulnerable
Michiganders, it is reasonable and necessary to temporarily suspend rules and
procedures to expand eligibility for unemployment benefits and cost-sharing
with employers.
Executive Order 2020-10 took such
action. Executive Order 2020-24 reaffirmed that action and clarified and
strengthened its expansion of eligibility for unemployment benefits and
cost-sharing with employers. Executive Order 2020-57 continued those provisions
and added additional provisions to make it easier for employers and workers to
implement and use shared-work plans, in order to avoid layoffs, and to allow
certain retired state employees to return to service without losing access to
pension payments. This order continues those provisions and relaxes certain
other requirements in order to allow the Unemployment Insurance Agency to more
quickly process unemployment claims. With this order, Executive Order 2020‑57
is rescinded.
Acting under the Michigan Constitution
of 1963 and Michigan law, I order the following:
1. Strict compliance with subdivision (a) of
subsection (1) of section 29 of the Michigan Employment Security Act, 1936 (Ex
Sess) PA 1, as amended (“Employment Security Act”), MCL 421.29(1)(a), is
temporarily suspended as follows:
(a) An individual must be considered to have left
work involuntarily for medical reasons if that individual leaves work for any
of the following reasons:
(1) The individual is under self-isolation or
self-quarantine in response to elevated risk from COVID-19 due to being
immuno-compromised.
(2) The individual has displayed at least one of
the principal symptoms of COVID-19, which are a fever, atypical cough, and
atypical shortness of breath.
(3) The individual has had contact in the last 14
days with someone with a confirmed diagnosis of COVID‑19. Contact for the
purposes of healthcare exposures is defined as follows: a) being within
approximately 6 feet (2 meters) of a person with COVID-19 for a prolonged
period of time, without appropriate personal protective equipment consistent
with Department of Health and Human Services recommendations; or b) having
unprotected direct contact with infectious secretions or excretions of the
patient (e.g., being coughed on, touching used tissues with a bare hand).
(4) The individual is required to care for someone
with a confirmed diagnosis of COVID-19.
(5) The individual has a family care responsibility
as a result of a government directive.
(b) An individual may be deemed laid off if that
individual became unemployed for any of the reasons identified in section
1(a)(1)-(5) of this order.
2. Strict compliance with subsection (3) of
section 48 of the Employment Security Act, MCL 421.48(3), is temporarily
suspended to allow an individual who is on a leave of absence for any of the
reasons identified in paragraph 1(a)1–5 of this order to be considered to be
unemployed unless that individual is already on sick leave or receives a
disability benefit.
3. Strict compliance with subsections (4) through
(7) of Rule 421.210 of the Michigan Administrative Code is temporarily
suspended to allow a new or additional claim for unemployment benefits filed
within 28 days of the last day the claimant worked to be considered to have
been filed on time, and a continued claim filed within 28 days of the last day
of the period for which the claimant is instructed to report and has continued
to report in a claim series to be considered to have been filed on time.
4. Strict compliance with subsection (d) of
section 27 of the Employment Security Act, MCL 421.27(d), is temporarily
suspended such that each eligible individual who files a claim or has an active
claim as of the effective date of this order will receive not more than 26
weeks of benefits payable in a benefit year.
5. In order to allow employers and workers more
flexibility in the use of shared-work plans, strict compliance with several
sections of the Employment Security Act are temporarily suspended, as follows:
(a) Strict compliance with subsections (1) and
(2)(b) of section 28c, MCL 421.28c(1) and (2)(b), is temporarily suspended to
the extent necessary to allow the Unemployment Insurance Agency to approve an
employer’s participation in a shared-work plan upon application by the
employer, regardless of whether the employer has met the requirements of MCL
421.28c(1) and (2)(b).
(b) Strict compliance with subsection (2)(f) of
section 28c, MCL 421.28c(2)(f), is temporarily suspended to allow an
application for a shared-work plan to be approved without the employer’s
certification that implementation is in lieu of layoffs that would affect at
least 15% of the employees in the affected unit and would result in an
equivalent reduction in workers, provided that the application must contain a
certification that it is in lieu of layoffs that would affect at least 10% of
the employees and result in an equivalent reduction in work hours.
(c) Strict compliance with subsection (1)(b)(i) of
section 28d, MCL 421.28d(1)(b)(i), is temporarily suspended to allow a
shared-work plan to be approved whether or not it includes as a participating
employee an employee who has been employed in the affected unit for less than
three months before the date the employer applies for approval of the
shared-work plan.
(d) Strict compliance with subsection (2)(a) of
section 28d, MCL 421.28d(2)(a), is temporarily suspended to allow the reduction
percentage of a shared-work plan to be less than 15% and more than 45%,
provided that it shall be no less than 10% and no more than 60%
6. Any benefit paid to a claimant who is laid off
or placed on a leave of absence must not be charged to the account of the
employer or employers that otherwise would have been charged but instead must
be charged to the Unemployment Insurance Agency’s non-chargeable account.
Effective March 25, 2020 at 11:59 p.m., the benefits conferred on employers by
this section are not available to employers determined to have misclassified
workers.
7. Strict compliance with subdivision (a) of
subsection (1) of section 28 of the Employment Security Act, MCL 421.28(1)(a),
is temporarily suspended to the extent necessary to allow an unemployed
individual to be eligible to receive benefits without a finding by the
Unemployment Insurance Agency that the individual is actively engaged in
seeking work.
8. Strict compliance with section 68c of the State
Employees’ Retirement Act, 1943 PA 240, as amended, MCL 38.68c, is temporarily
suspended to the extent necessary to provide that the provisions of that
section do not apply to a retirant who becomes employed by the Unemployment
Insurance Agency or by the Michigan Occupational Safety and Health
Administration on or after the date of this order. If such retirant remains
employed by either of these agencies after the expiration of this order,
section 68c will again apply.
9. Strict compliance with subsection (5) of
section 29 of the Employment Security Act, MCL 421.29(5), is temporarily
suspended to the extent necessary to allow an individual to be considered to
have met the requirements of MCL 421.29(5) regardless of whether the individual
performed services for the new employer and regardless of whether the new
employment was for permanent, full-time work. That individual is not
disqualified from receiving unemployment benefits and any benefits payable are
charged to the Unemployment Insurance Agency’s non-chargeable benefits account.
10. Strict compliance with subsection (c) of
section 32 of the Employment Security Act, MCL 421.32(c), is temporarily
suspended as follows: in determining an individual’s nonmonetary eligibility to
qualify for benefits, the Unemployment Insurance Agency shall not issue a
determination with respect to an individual’s separation from a base period
employer other than the separating employer, and the individual shall not be
required to have satisfied the requirements of subsections (2) and (3) of
section 29 of the Employment Security Act, MCL 421.29, as it relates to base
period employer separations other than the most recent separation from the
separating employer.
11. Unless otherwise specified in this order, this
order is effective retroactive to March 16, 2020. This order is effective
immediately upon issuance and remains in effect during the declared states of
emergency and disaster.
12. Executive Order 2020-57 is rescinded.
13. Consistent with MCL 10.33 and MCL 30.405(3), a
willful violation of this order is a misdemeanor.
Given under my hand and the Great Seal
of the State of Michigan.
Date: May 6, 2020
Time: 7:26 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 and read:
STATE
FINANCING AND MANAGEMENT; DURATION OF
EXECUTIVE ORDERS, PROCLAMATIONS, AND DIRECTIVES
May 4,
2020
Today I
am returning Enrolled Senate Bill 858 to you without my approval, for several
reasons.
First,
the provisions of the bill run contrary to the recommendations of public health
experts. I remind you that section 51 of article 4 of the Michigan Constitution
of 1963 declares that the public health and general welfare of the People of
the State of Michigan are matters of primary public concern.
Second,
proposed subsections (5) to (7) are inconsistent with subsection 1 of section 3
of the Emergency Management, 1976 PA 390, as amended, MCL 30.403(1), which
vests responsibility in the governor for coping with dangers to this state or
to the People of the State of Michigan presented by a disaster or emergency. I
will not sign any bills that constrain my ability to protect the people of
Michigan from a deadly pandemic in a timely manner.
Third,
the bill does not comply with constitutional requirements, and even if it were
constitutional, would be ineffective as it was not given immediate effect.
I will
continue to execute the laws consistent with the Michigan Constitution of 1963,
and in accord with the best interests of the health, safety, and welfare of the
People of the State of Michigan to whom I express my gratitude for taking the
difficult steps necessary to mitigate the impact of COVID-19.
In
light of these considerations, I am vetoing Enrolled Senate Bill 858.
Respectfully,
Gretchen
Whitmer
Governor
This
bill was returned from the Governor on May 4, 2020, at 9:22 a.m.
Senator MacGregor moved that the
veto message be referred to the Committee on Government Operations.
The motion prevailed.
The
following message from the Governor was received and read:
APPROPRIATIONS;
SUPPLEMENTAL
March
30, 2020
Today I
have signed Enrolled Senate Bill 151, which provides supplemental
appropriations for the fiscal year ending September 30, 2020. In the time since
this supplemental budget was agreed to, Michigan has embarked on an all-out
fight against the COVID-19 pandemic, requiring an enormous commitment of
resources. I have therefore reached agreement with legislative leaders to veto
nearly $80 million worth of items contained in this budget so that funding can
be reprioritized for stopping the spread of COVID-19. The specific item vetoes
are detailed in the attached copy of the bill that has been filed with the
Secretary of State.
Thank
you for your hard work on behalf of the people of Michigan.
Sincerely,
Gretchen
Whitmer
Governor
This
bill was signed by the Governor on March 30, 2020, at 8:20 a.m. (Filed with the
Secretary of State on March 30, 2020, at 9:30 a.m.) and assigned Public Act No.
66.
Senator MacGregor moved that the
veto message be referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
A bill to amend 1978 PA 90, entitled “Youth employment
standards act,” by amending sections 5 and 6 (MCL 409.105 and 409.106).
The bill was read a first and second time by title and
referred to the Committee on Economic and Small Business Development.
Senator Horn introduced
A bill to amend 1943 PA 240, entitled “State employees’
retirement act,” by amending section 68c (MCL 38.68c), as amended by 2020 PA
18.
The bill was read a first and second time by title and
referred to the Committee on Economic and Small Business Development.
By unanimous consent the Senate
returned to the order of
Third Reading of Bills
Senator MacGregor moved that the
Senate proceed to consideration of the following bill:
Senate Bill No. 899
The
motion prevailed.
The following bill was read a
third time:
Senate Bill No. 899, entitled
A bill to amend 1976 PA 390, entitled “Emergency
management act,” by amending section 11 (MCL 30.411), as amended by 2005 PA
321.
The
question being on the passage of the bill,
Recess
Senator
MacGregor moved that the Senate recess subject to the call of the Chair.
The
motion prevailed, the time being 10:09 a.m.
The
Senate was called to order by the President, Lieutenant Governor Gilchrist.
During
the recess, Senator Santana entered the Senate Chamber.
The
question being on the passage of the bill,
Senator Irwin offered the following amendments:
1. Amend page 8, line 4, after “provider” by inserting “that
relate to the treatment, diagnosis, prevention, or mitigation of COVID-19 or
the assessment or care of an individual with a confirmed case or a suspected
case of COVID-19,”.
2. Amend page 8, line 5, after “of” by striking out “health care”
and inserting “those”.
The question being on the
adoption of the amendments,
Senator Chang requested the yeas
and nays.
The
yeas and nays were ordered, 1/5 of the members present voting therefor.
The
amendments were not adopted, a majority of the members serving not voting
therefor, as follows:
Roll Call No.
137 Yeas—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not
Voting—0
In The
Chair: President
Senator Irwin offered the following amendment:
1. Amend page 4, line 19, after “services.” by
inserting “The immunity granted under
this subsection does not apply to conduct with an intent to harm or
discriminate based on race, ethnicity, national origin, religion, disability,
sexual orientation, or gender identity by a health care facility or a health
care provider providing health care services. A health care facility or a
health care provider shall not deny health care services to any individual
based on race, ethnicity, national origin, religion, disability, sexual
orientation, or gender identity.”.
The question being on the
adoption of the amendment,
Senator Chang requested the yeas
and nays.
The
yeas and nays were ordered, 1/5 of the members present voting therefor.
The
amendment was not adopted, a majority of the members serving not voting
therefor, as follows:
Roll Call No.
138 Yeas—16
Alexander Bullock Hollier Moss
Ananich Chang Irwin Polehanki
Bayer Geiss McCann Santana
Brinks Hertel McMorrow Wojno
Nays—22
Barrett LaSata Nesbitt Stamas
Bizon Lauwers Outman Theis
Bumstead Lucido Runestad VanderWall
Daley MacDonald Schmidt Victory
Horn MacGregor Shirkey Zorn
Johnson McBroom
Excused—0
Not
Voting—0
In The
Chair: President
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.
139 Yeas—24
Barrett LaSata McMorrow Shirkey
Bizon Lucido Nesbitt Stamas
Bumstead MacDonald Outman Theis
Daley MacGregor Polehanki VanderWall
Horn McBroom Runestad Victory
Johnson McCann Schmidt Zorn
Nays—14
Alexander Bullock Hollier Moss
Ananich Chang Irwin Santana
Bayer Geiss Lauwers Wojno
Brinks Hertel
Excused—0
Not
Voting—0
In The
Chair: President
The Senate agreed to the title of
the bill.
Protests
Senators
Bayer, Hollier, Santana, Wojno, Alexander and Moss, under their constitutional
right of protest (Art. 4, Sec. 18), protested against the passage of Senate
Bill No. 899.
Senator
Bayer moved that the statement she made during the discussion of the bill be
printed as her reasons for voting “no.”
The
motion prevailed.
The three branches of our
government each have specific duties and responsibilities. Our legislative
branch is responsible for budgets and laws. Creating a law impacts the entire
state and, by design, law is difficult to change. It should be. It’s meant to
last a long time. We are meant to take our time and do it right. That’s why it’s
appropriate that we are, by design, a deliberative body—deliberative body. We
are, by design, tasked to fully examine, research, and deliberate over
legislation with hearings and public input. It should take a minimum of ten
days for a bill to pass. Even when we bend the rules like we are doing today
with this bill, it takes more than a week just to get to this stage.
This is no way to govern when
lives are at stake. This is no way to govern when over 4,250 Michiganders have
died in just a few months and more are dying every day. I’m sure that’s why, in
1945, the Legislature designed the law that gives our executive branch the
power to act quickly in an emergency—the power to make immediate decisions and
save lives. The executive branch has the power, the resources, the legal
authority, and the responsibility to act quickly—immediately—to protect the
people of Michigan.
The Legislature and the way we
work is not designed for that. The Governor has shown her capability to execute
quickly and effectively to protect seniors, families, communities, and all our
lives. In fact, the Governor already issued Executive Order No. 2020-30 and now
No. 2020-61 that protects our health care workers from liability. It says, “Any
licensed health care professional or designated health care facility that provides
medical services in support of this state’s response to the COVID-19 pandemic
is not liable for an injury sustained by a person by reason of those services,
regardless of how or under what circumstances or by what cause those injuries
are sustained, unless it is established that such injury or death was caused by
the gross negligence.” Clearly, Governor Whitmer has shown that she can create
executive orders quickly, and can extend them as needed as we go through this
emergency.
We should do our job and work
deliberatively to solve the longer-term issues such as paid sick leave, safe
workplaces, affordable and safe childcare, and equitable education for our
children. In this urgent situation, while we are still in an emergency, we need
to let the Governor do her legally-mandated job.
The
motion prevailed.
Senator Irwin’s first statement
is as follows:
I rise
to offer a couple of remarks in support of this amendment. In general what this
legislation is doing is removing accountability for healthcare professionals.
As it’s currently written, it does so very broadly, and if this legislation
were passed and signed into law it would mean that if an individual went into a
hospital—let’s say they went into a hospital for an amputation and for some
reason the doctors amputate the wrong leg—the doctors and the hospitals could
simply explain that mistake away and have a full shield from any liability by
describing the fact that there happened to be some COVID-19 patients somewhere
in the hospital system, there was additional strain in the hospital system
because of COVID-19, and therefore they’re not going to take responsibility;
they’re not going to make our citizens whole if there are mistakes or errors or
gross misdiagnoses.
What my
amendment does is it adds language to the definition of a provider by making it
clear that this protection from liability only applies when mistakes were made related
to the treatment, diagnosis, prevention, or mitigation of COVID-19, or the
assessment or care of an individual with a confirmed case, or suspected case,
of COVID-19. If we do not narrowly tailor this language to COVID-19, my concern
is that this liability shield will be used to protect folks who have engaged in
gross misdiagnoses, errors in judgement, and errors in procedures that normally
they would and should be accountable for.
Senator
Irwin’s second statement, in which Senator Bullock concurred, is as follows:
My
amendment seeks to provide some clarity and assurance to a large portion of our
citizens who have a lack of trust in the health care industry. Many of our
citizens, particularly black Americans, feel that in the health care system,
they don’t always get a fair shake. We can see that with the dollars that are
put into health care research and how those dollars are spent, and we can see
that from time to time in facilities right here in Michigan.
I want
to direct you all to the story of Mr. Fowler. Mr. Fowler was a Detroiter who
recently passed from COVID-19 and this gentleman visited three emergency rooms
and was turned away from all three of those emergency rooms, not admitted, and
not tested. In the wake of this, his son said in the media, “I honestly believe
it was because my father was black. They didn’t honestly take his symptoms
serious enough to give him a test.”
What I’m
asking for my colleagues to do is to support this amendment—provide some
reassurance to our citizens who know that there is racial bias in pain
assessment, who know that there is racial bias in treatment, who know that
there is racial bias in diagnosis and prescriptions. I urge my colleagues to
Google racial bias and pain assessment. See what’s happening with doctors
post-training here in the United States of America who believe falsely that
there are biological differences between black Americans and white Americans,
and it affects the way that they diagnose and it affects the way that they
prescribe treatment for individuals.
What I’m
asking for you to do today is to adopt this amendment to add clearly to this
bill that wipes away liability and accountability for our health care
professionals during this COVID-19 crisis to say that no, that does not apply
if our citizens can show that you’ve discriminated against them based on their
race or based on their ethnicity or based on who they love.
That’s
wrong, we should stand against it here in this Legislature, and particularly in
this moment when we’ve been challenged here in this Capitol and on these
grounds with the racism in our society. I think now is an especially-important
time for this body to stand up and say we do not support discrimination in
health care and we are not going to pass a bill that wipes away liability in an
environment where we know our citizens are being discriminated against.
The following bill was read a
third time:
House Bill No. 5496, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 11503 and
11504 (MCL 324.11503 and 324.11504), as amended by 2018 PA 640.
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.
140 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 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.
By unanimous consent the Senate
proceeded to the order of
General Orders
The
motion prevailed, and the President, Lieutenant Governor Gilchrist, designated
Senator Schmidt as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 887, entitled
A bill
to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713)
by adding sections 301a and 681a.
Substitute
(S-1)
Senate Bill No. 888, entitled
A bill
to amend 1941 PA 122, entitled “An act to establish the revenue collection
duties of the department of treasury; to prescribe its powers and duties as the
revenue collection agency of this state; to prescribe certain powers and duties
of the state treasurer; to establish the collection duties of certain other
state departments for money or accounts owed to this state; to regulate the
importation, stamping, and disposition of certain tobacco products; to provide
for the transfer of powers and duties now vested in certain other state boards,
commissions, departments, and offices; to prescribe certain duties of and
require certain reports from the department of treasury; to provide procedures
for the payment, administration, audit, assessment, levy of interests or
penalties on, and appeals of taxes and tax liability; to prescribe its powers
and duties if an agreement to act as agent for a city to administer, collect,
and enforce the city income tax act on behalf of a city is entered into with
any city; to provide an appropriation; to abolish the state board of tax
administration; to prescribe penalties and provide remedies; and to declare the
effect of this act,” by amending sections 24 and 30 (MCL 205.24 and 205.30),
section 24 as amended by 2003 PA 201 and section 30 as amended by 2016 PA 267.
Substitute
(S-1)
Senate Bill No. 889, entitled
A bill
to amend 1964 PA 284, entitled “City income tax act,” (MCL 141.501 to 141.787)
by adding sections 40 and 80 to chapter 2.
Substitute
(S-1)
By unanimous consent the Senate
returned to the order of
Third Reading of Bills
Senator MacGregor moved to
reconsider the vote by which the following bill was passed:
Senate Bill No. 899, entitled
A bill
to amend 1976 PA 390, entitled “Emergency management act,” by amending section
11 (MCL 30.411), as amended by 2005 PA 321.
The motion prevailed, a majority of the
members serving voting therefor.
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.
141 Yeas—25
Barrett Lauwers McMorrow Shirkey
Bizon Lucido Nesbitt Stamas
Bumstead MacDonald Outman Theis
Daley MacGregor Polehanki VanderWall
Horn McBroom Runestad Victory
Johnson McCann Schmidt Zorn
LaSata
Nays—13
Alexander Bullock Hertel Moss
Ananich Chang Hollier Santana
Bayer Geiss Irwin Wojno
Brinks
Excused—0
Not
Voting—0
In The
Chair: President
Announcements of Printing and
Enrollment
The
Secretary announced that the following bill and resolutions were printed and
filed on Wednesday, May 6, and are available on the Michigan Legislature
website:
Senate
Bill No. 909
Senate
Concurrent Resolution No. 25
Senate
Resolution Nos. 113 115
Scheduled Meetings
State
Capitol Commission - Monday,
May 11, 11:00 a.m., Room H-65, Capitol Building (517) 373-0184 Public
Attendance by Zoom Only – Computer: https://us02web.zoom.us//j/84590109458 Meeting ID 84590109458#;
Phone (312) 626-6799, meeting ID 84590109458#
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:04 a.m.
The
President, Lieutenant Governor Gilchrist, declared the Senate adjourned until
Tuesday, May 12, 2020, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate