HOUSE JOINT RESOLUTION B

May 16, 2023, Introduced by Reps. DeSana, Smit, Johnsen, Maddock, Rigas, DeBoyer, Aragona, Jaime Greene, Cavitt, Hoadley, Martin, Carra, DeBoer, Slagh, Paquette, Fox, Beeler, Bollin and Friske and referred to the Committee on Government Operations.

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 29 of article I to prohibit the wearing of face masks in certain facilities owned or operated by a governmental agency.

Resolved by the Senate and House of Representatives of the state of Michigan, That the following amendment to the state constitution of 1963, to prohibit the wearing of face masks in certain facilities owned or operated by a governmental agency, is proposed, agreed to, and submitted to the people of the state:

article I

Sec. 29. (1) Except as otherwise provided in this section, a governmental agency shall not require an individual to wear a face mask to enter a facility owned or operated by the governmental agency. A governmental agency may require an individual to wear a face mask to enter an assisted living facility, a hospital, or a long-term care facility, as provided by law.

(2) As used in this section:

(a) "Face mask" means a tightly woven cloth or other multilayer absorbent material that closely covers an individual's mouth and nose.

(b) "Governmental agency" means this state or a political subdivision of this state.

(c) "Long-term care facility" means all the following:

(i) A home for the aged.

(ii) An adult foster care facility.

(iii) A nursing home.

(iv) A county medical care facility.

(v) A hospital long-term care unit.

(d) "Municipal corporation" means a city, village, or township or a combination of 2 or more of these when acting jointly.

(e) "Political subdivision" means a municipal corporation, county, county road commission, school district, community college district, port district, metropolitan district, or transportation authority or a combination of 2 or more of these when acting jointly; a district or authority authorized by law or formed by 1 or more political subdivisions; or an agency, department, court, board, or council of a political subdivision.

(f) "State" means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. State includes a public university or college of this state, whether established as a constitutional corporation or otherwise.

(g) "Township" means a general law township or a charter township.

Resolved further, That the foregoing amendment shall be submitted to the people of the state at the next general election in the manner provided by law.