state of michigan
100th Legislature
Regular session of 2020
Introduced by Senators
Barrett, Theis, Bumstead, Zorn,
Victory, Outman, Bizon and MacGregor
ENROLLED SENATE BILL No. 858
AN ACT to amend
1976 PA 390, entitled “An act to provide for planning, mitigation, response,
and recovery from natural and human-made disaster within and outside this
state; to create the Michigan emergency management advisory council and
prescribe its powers and duties; to prescribe the powers and duties of certain
state and local agencies and officials; to prescribe immunities and
liabilities; to provide for the acceptance of gifts; and to repeal acts and
parts of acts,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132.
The People of the
State of Michigan enact:
Sec.
3. (1) The governor is responsible for coping with dangers to this state or the
people of this state presented by a disaster or emergency.
(2)
The governor may issue executive orders, proclamations, and directives having
the force and effect of law to implement this act. Except as provided in
section 7(2), an executive order, proclamation, or directive may be amended or
rescinded by the governor.
(3)
The governor shall, by executive order or proclamation, declare a state of
disaster if he or she finds a disaster has occurred or the threat of a disaster
exists. The state of disaster shall continue until the governor finds that the
threat or danger has passed, the disaster has been dealt with to the extent
that disaster conditions no longer exist, or until the declared state of
disaster has been in effect for 28 days.
After 28 days, the governor shall
issue an executive order or proclamation declaring the state of disaster
terminated, unless a request by the governor for an extension of the state of
disaster for a specific number of days is approved by resolution of both houses
of the legislature. An executive order or proclamation issued pursuant to this
subsection shall indicate the nature of the disaster, the area or areas
threatened, the conditions causing the disaster, and the conditions permitting
the termination of the state of disaster. An executive order or proclamation
shall be disseminated promptly by means calculated to bring its contents to the
attention of the general public and shall be promptly filed with the emergency
management division of the department and the secretary of state, unless
circumstances attendant upon the disaster prevent or impede its prompt filing.
(4)
The governor shall, by executive order or proclamation, declare a state of
emergency if he or she finds that an emergency has occurred or that the threat
of an emergency exists. The state of emergency shall continue until the
governor finds that the threat or danger has passed, the emergency has been
dealt with to the extent that emergency conditions no longer exist, or until
the declared state of emergency has been in effect for 28 days. After 28 days, the governor shall issue an executive order or proclamation
declaring the state of emergency terminated, unless a request by the governor
for an extension of the state of emergency for a specific number of days is
approved by resolution of both houses of the legislature. An executive order or
proclamation issued pursuant to this subsection shall indicate the nature of
the emergency, the area or areas threatened, the conditions causing the
emergency, and the conditions permitting the termination of the state of
emergency. An executive order or proclamation shall be disseminated promptly by
means calculated to bring its contents to the attention of the general public
and shall be promptly filed with the emergency management division of the
department and the secretary of state, unless circumstances attendant upon the
emergency prevent or impede its prompt filing.
(5)
Notwithstanding the termination of the underlying state of disaster or state of
emergency declaration under this act, the following executive orders are
incorporated by reference and are hereby extended as follows:
(a) Executive
Order No. 2020-14, through May 30, 2020.
(b) Executive
Order No. 2020-22, through April 30, 2020.
(c) Executive
Order No. 2020-26, through July 31, 2020.
(d) Executive
Order No. 2020-27, through May 5, 2020.
(e) Executive
Order No. 2020-28, through July 30, 2020.
(f) Executive
Order No. 2020-31, through July 30, 2020.
(g) Executive
Order No. 2020-35, through July 30, 2020.
(h) Executive
Order No. 2020-36, through December 31, 2020.
(i) Executive
Order No. 2020-37, through May 30, 2020.
(j) Executive
Order No. 2020-39, through May 30, 2020.
(k) Executive
Order No. 2020-40, through May 30, 2020.
(l) Executive Order No. 2020-41, through June 30,
2020.
(m) Executive
Order No. 2020-43, through May 15, 2020.
(n) Executive
Order No. 2020-44, through June 30, 2020.
(o) Executive
Order No. 2020-46, through July 30, 2020.
(p) Executive
Order No. 2020-47, through May 30, 2020.
(q) Executive
Order No. 2020-49, through July 30, 2020.
(r) Executive
Order No. 2020-50, through July 30, 2020.
(s) Executive
Order No. 2020-51, through May 30, 2020.
(t) Executive
Order No. 2020-52, through June 29, 2020.
(u) Executive
Order No. 2020-53, through June 30, 2020.
(v) Executive
Order No. 2020-54, through June 30, 2020.
(w) Executive
Order No. 2020-56, through May 30, 2020.
(x) Executive
Order No. 2020-57, through July 30, 2020.
(y) Executive
Order No. 2020-58, through June 30, 2020.
(z) Executive
Order No. 2020-61, through June 30, 2020.
(aa) Executive
Order No. 2020-62, through July 30, 2020.
(bb) Executive
Order No. 2020-63, through June 30, 2020.
(6) Every
business, place of public accommodation, and place of public service that is
open to the public with face-to-face interaction must do all of the following
until May 30, 2020:
(a) Ensure adherence
to social distancing and mitigation measures recommended by the Centers for
Disease Control and Prevention, including the use of face coverings and
individuals remaining at least 6 feet from people from outside the individual’s
household to the extent feasible under the circumstances.
(b) Adopt
heightened standards of facility cleaning and disinfection to limit employee
and public exposure to COVID-19, as well as protocols to clean and disinfect in
the event of a positive COVID-19 case in the workplace.
(c) Provide
personal protective equipment for employees appropriate for the work activity
being performed, subject to the availability of personal protective equipment.
(d) Adopt
policies to limit the sharing of equipment and tools between individuals.
(e) Promote
remote work for employees to the fullest extent practicable.
(f) Adopt
policies to prevent workers from entering the premises if they display
respiratory symptoms or have had contact with a person with a confirmed
diagnosis of COVID-19.
(7) As used in
subsection (6):
(a) “Place of
public accommodation” means a business, or an educational, refreshment,
entertainment, recreation, health, or transportation facility, or institution
of any kind, whether licensed or not, whose goods, services, facilities,
privileges, advantages, or accommodations are extended, offered, sold, or
otherwise made available to the public. Place of public accommodation also
includes the facilities of the following private clubs:
(i) A country club or golf club.
(ii) A boating or yachting club.
(iii) A sports or athletic club.
(iv) A dining club.
(b) “Place of
public service” means a public facility, department, agency, board, or
commission, owned, operated, or managed by or on behalf of this state, a
political subdivision of this state, or an agency of this state or a political
subdivision of this state, or a tax-exempt private agency established to
provide service to the public, except that a place of public service does not
include a state or county correctional facility with respect to actions and
decisions regarding an individual serving a sentence of imprisonment.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor