State Executive Orders & Related Regulatory Guidance

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Michigan Safe Start Plan

A Plan to re-engage Michigan's Economy

Executive Orders and How They Affect Credit Unions

Executive Order 2020—96

Executive Order 2020—96 creates temporary requirements to suspend certain activities that are not necessary to sustain or protect; rescinds 2020-17, 2020-34 and 2020-92. Generally, this order allows for the re-opening of Regions 6 and 8 for retail business, office work that cannot be done remotely, and restaurants and bars (with limited seating). The order also allows for social gatherings statewide of 10 or less people, opens up auto sales showrooms by appointment only, and retail to open by appointment only and with limited capacity among other sectors opening in limited capacity statewide. The “Safer at Home” order is still in place through May 28th despite some of the restrictions being lifted. Some of the key takeaways are below:

Paragraph 1 (a)-(h): Defines the regions that the State of Michigan are broken up into for purposes of reengaging and reopening the state.
Paragraph 3: Board meetings or member meetings are still prohibited in regions 1-5 and 7. Under the current order there can be no private gatherings of people who are not a part of a single household in those regions. In regions 6 and 8 meetings of 10 or less are permitted as long as other CDC guidelines are observed. The re-engaging of regions 6 and 8 does not take effect until May 22, 2020 at 11:59 p.m.
Paragraph 5(b): Continue to make clear that credit unions should only have employees on site that are necessary to conduct minimum operations. The credit union should designate these employees in writing.
Paragraph 6: Credit unions need to adopt social distancing practice and other mitigation measures to protect employees and those who come in the facility as set forth in Executive Order 2020-97.
Paragraph 8: Provides exceptions to the “Safer at Home” restrictions.8(19) allows individuals in Regions 6 and 8 to go to retail stores and restaurants (limited seating). 8(20) states that retails stores can now be open by appointment. 8(21) states that social gatherings of no more than 10 people are now permitted.
Paragraph 9 (l): Declares that financial institutions are included under the definition of “Critical Infrastructure Workers.”
Paragraph 15: Is a catch-all provision that seems to apply to everyone. 15(a) says that anyone that can tolerate a mask or face covering should wear one in any enclosed, public space. This is somewhat unclear for credit unions as when open, a credit union is certainly a public place, but some may argue when closed for business, it is not. However, Paragraph 15(c) says that all businesses with workers that perform in-person work must, at a minimum, provide employees with non-medical-grade face coverings for their workers. This order also in Paragraph 15(b) mentions that individuals who are wearing a mask may be required to remove their masks for identification purposes. The order also provides protection against discrimination under the Elliott-Larsen Civil Rights Act as it relates to individuals who wear a face covering under this order.
Paragraph 20: A willful violation of this Executive Order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—97
Executive Order 2020—97 creates safeguards to protect Michigan’s workers from COVID-19 as we re-engage and re-open sectors of the economy; rescinds 2020--91. Some of the key takeaways from this order are below:

Paragraph 1: Provides requirements placed on businesses or operations that require employees to leave their homes to perform their jobs. Key takeaways from this paragraph are below:
- (a): Develop a COVID-19 preparedness and response plan that is consistent with the recommendations developed by the Occupational Health and Safety Administration linked here.
- (b): Designate one or more worksite supervisors to implement, monitor and report on the COVID-19 control strategies developed under subsection (a).
- (c): Provide COVID-19 training for employees which at a minimum covers: (1) workplace infection-control practices; (2) The proper use of PPE; (3) steps employees must take to notify employer of any symptoms they have related to COVID-19 or if they have a confirmed COVID-19 diagnosis; and (4) how to report unsafe working conditions.
- (d): Conduct daily entry screenings on employees. This at a minimum should be a questionnaire covering symptoms and potential or confirmed exposure to someone with COVID-19.
- (e): Keep employees and everyone on the premises at least six feet apart.
- (f) & (g): Provide non-medical-grade face coverings to employees and require that they be worn by employees who cannot maintain six feet of separation from others.
- (h): Increase facility cleaning and disinfection to limit exposure to COVID-19.
- (k): When an employee is identified as having a confirmed case of COVID-19 within 24 hours, the employer must notify both the local public health department and any coworkers, contractors or supplies who may have come into contact with the infected employee.
- (p): Promote remote work to the fullest extent possible.
Paragraph 7: Provides a list of what offices must do under this order to ensure a safe workplace for employees and patrons.
- (a): Assign dedicated entry point(s) for all employees to reduce congestion at the main entrance.
- (d): Require face covering in shared spaces, including during in-person meetings and in restrooms and hallways.
- (e): Increasing distancing between employees by spreading out workspaces, staggering workspace usage, restricting non-essential common space, providing visual cues to guide movement and activity.
- (h): Provide disinfecting supplies and require employees wipe down their workstations at least twice daily.
- (m): Suspend all nonessential visitors.
Paragraph 9: Employers must maintain a record of the requirements set forth in Sections 1(c), (d) and (k).

For the full text of this Executive Order, please visit this link.

Executive Order 2020—85

Executive Order 2020—85 temporarily prohibits against entry to premises for the purpose of removing or excluding a tenant or mobile homeowner from their home; rescinds 2020-54.

Paragraph 1: Extends out the timeline for which a tenant, lessee or vendee may not be removed from a residential home amid the COVID-19 pandemic until June 11, 2020 at 11:59 pm. The only exception to this provision is if the person poses a substantial risk to another person or an imminent and severe risk to property.
Paragraph 3: During this time, however, the tenant, lessee or vendee is still under the obligation to pay under a lease or executory contract. This also does not prohibit a landlord or vendor from making a demand of payment either.
Paragraph 6: Extends out the timeline for which an owner may not deny a mobile homeowner access to their mobile home amid the COVID-19 pandemic until June 11, 2020 at 11:59 pm. The only exception to this provision is if the person poses a substantial risk to another person or an imminent and severe risk to property.
Paragraph 7: 30 days following the expiration of the state of emergency, restrictions on eviction are lifted and the courts can resume any proceedings as they pertain to the property.
Paragraph 10: A willful violation of this order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—78

Executive Order 2020—78 temporarily extends the validity of driver’s licenses, state identification cards and certain vehicle registrations; rescinds 2020-47.

Paragraph 1: Individuals must make an effort to complete vehicle registration or license renewal online via the Michigan SOS website during the declared states of emergency and disaster.
Paragraph 2-3: Extends the validity of driver’s licenses, state identification cards and certain vehicle registrations that are set to expire between February 1, 2020 and June 30, 2020 to July 31, 2020.
Paragraph 6: Until July 31, 2020, driving with an invalid driver’s license, vehicle registration, chauffer’s license or operator’s license will not be a violation of the Michigan Vehicle.
Paragraph 7: Requires automobile insurers to not take any adverse actions against individuals whose identification or registration is lapsed as a result of COVID-19 for the period starting on February 1, 2020 ending June 30, 2020.
Paragraph 8 (a)-(c): This new extension of validity does not apply to anyone who currently has their license revoked or suspended for traffic offenses or someone who has a medical condition that disqualifies them from operating a commercial vehicle or requires a Skill Performance Evaluation from the Federal Motor Carrier Safety Administration.
Paragraph 10: A violation of this Executive Order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—76

Executive Order 2020—76 temporarily expands unemployment eligibility and cost-sharing; rescinds Executive Order 2020—57. A couple key takeaways from this order:

Paragraph 1: Allows individuals that have left work involuntarily for medical reasons to be deemed laid off if they leave as a result of any of the following:
- The individual who is self-quarantining or in self-isolation in response to their heightened risk to contract COVID-19 as a result of being immuno-compromised.
- The individual has at least one of the symptoms of COVID-19, including fever, a typical cough and/or atypical shortness of breath.
- The individual has been in contact with someone in the last 14 days who has tested positive for COVID-19.
- The individual is required to care for someone with a confirmed COVID-19 diagnosis.
- The individual has a family care responsibility as a result of a government directive.
Paragraph 5 (a)-(d): Provides employers and workers more flexibility in the use of shared-work plans.
Paragraph 6: Provides that any benefits paid to a claimant that is laid off or placed on leave of absence are not be charged to the account of the employer or employers but instead is being charged to the Unemployment Insurance Agency’s non-chargeable account.
Paragraph 7: Removes the requirement that the employee must be actively seeking work in order to receive these unemployment benefits.
Paragraph 11: Makes this Executive Order retroactive to March 16, 2020. The directives in this order remain in effect during the states of emergency and disaster.
Paragraph 13: Willful violation of this order is a misdemeanor.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—74

Executive Order 2020—74 encourages the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic; rescinds 2020—41. A couple of key takeaways from this order are below:

Paragraph 1 & 2: Suspends some of the rules and procedures in place under the Uniform Electronic Transactions Act (UETA) and the Uniform Real Property Electronic Recording Act (URPERA.) These paragraphs provide for electronic signatures to replace the need for physical signatures unless the law specifically mandates a physical signature. Also states that if a law requires a signature an electronic signature satisfies the law.
Paragraph 3: Suspends the requirement in the Michigan Law on Notarial Act that a person must be in the physical presence of a notary. It also suspends the in-person witnessing requirement.
Paragraph 4 (a): Encourages government agencies and officials to use and/or permit the use of electronic records. This would include the register of deeds office.
Paragraph 9: Removes the in-person requirements as it pertains to individuals, witnesses, and the notary to the extent that the parties can communicate via two-way real-time audiovisual technology and the notary can see and hear both the individual and witness(es) at the same time.
Paragraph 10: Requires that financial institutions and registers of deeds 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 as long as the tangible copy is an accurate copy of the electronic record.

For the full text of this Executive Order, please visit this link.

Executive Order 2020—58

Executive Order 2020-58 temporarily suspends certain timing requirements relating to the commencement of civil and probate actions and proceedings. This order is consistent with the Michigan Supreme Court Administrative Order No. 2020-3 and states that all deadlines applicable to the commencing of all civil and probate actions and proceedings, including but not limited to any deadline for filing of an initial pleading and any statutory notice provisions are suspended as of March 10, 2020. These deadlines are tolled until the end of the declared states of disaster and emergency. However, the order does not prohibit or restrict a litigant from commencing an action or proceeding.

For the full text of this Executive Order, please visit this link.

Executive Order—38

Executive Order 2020-38 provides a temporary extension of certain FOIA deadlines to facilitate COVID-19 emergency response efforts. Certain in-person efforts in connection with public records request under sections 3 and 4 of FOIA are temporarily suspended. If a public record request requires in-person efforts, such as an in-person search, inspection, examination, preparation, or production of public records, by the requestor or the public body, a public body may defer that portion of the request until the expiration of this order or any subsequent orders.

For the full text of this Executive Order please visit this link.

Executive Order—36

Executive Order 2020-36 provides protection for workers who stay home, stay safe when they or their close contacts are sick. This Executive Order states the protections that are put in place for workers who decide to stay home after they have come in close contact with someone who is sick including that an employer must not discharge, discipline or retaliate against an employee who decides to take advantage of the protections that this Executive Order provides. It also mandates that people infected with the coronavirus stay home as to not infect others.

For the full text of this Executive Order, visit this link.

Executive Order—26

Executive Order 2020-26 provides for an extension of the April 2020 Michigan income tax filing deadlines. This order extends the April 15, 2020 deadline for state and local (city) filings to July 15, 2020 to coincide with the extension provided at the federal level. The order also extends the April 30, 2020 deadline for filing to July 31^st, 2020.

For the full text of this Executive Order, please visit this link.