Bill Text: MI SB1253 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Health: diseases; emergency orders issued in response to an epidemic; provide for time limits on unless extension is approved by the legislature and prohibit restricting certain religious practices in and exempt business from certain violations of the emergency orders. Amends secs. 2253 and 2453 of 1978 PA 368 (MCL 333.2253 and 333.2453) & adds secs. 2253a, 2254 & 2454.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Vetoed) 2020-12-30 - Vetoed By Governor 12/30/2020 [SB1253 Detail]
Download: Michigan-2019-SB1253-Engrossed.html
HOUSE Substitute For
SENATE BILL NO. 1253
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 2253 and 2453 (MCL 333.2253 and 333.2453), section 2253 as amended by 2006 PA 157, and by adding sections 2253a, 2254, and 2454.
the people of the state of michigan enact:
Sec. 2253. (1) If Subject
to section 2253a and except as otherwise provided in subsection (4), if the
director determines that control of an epidemic is necessary to protect the
public health, the director by emergency order may prohibit the gathering of people persons
for any purpose and may establish procedures to be followed
during the epidemic to insure ensure continuation of essential public health
services and enforcement of health laws. Emergency procedures shall are
not be limited to
this code.
(2) If an epidemic described in subsection (1) involves avian
influenza or another virus or disease that is or may be spread by contact with
animals, the department of agriculture and
rural development shall cooperate with and assist the director in
the director's response to the epidemic.
(3) Upon On request from the director, the department of
agriculture and rural development shall
assist the department in any review or update of the department's pandemic
influenza plan under section 5112.
(4) In an
emergency order issued under this section, the director shall not do either of
the following:
(a) Restrict the
capacity of persons at a place of worship.
(b) Prohibit the
exercise of a religious practice, including, but not limited to, the
administration of a sacrament.
Sec. 2253a. Beginning November 15,
2020, an emergency order issued under section 2253 is valid for the time period
specified in the order or until the order has been in effect for 28 days,
whichever is sooner. After 28 days, an emergency order issued under section 2253
is not valid unless a request from the director to extend the order for a
specific number of days is approved by resolution of both houses of the
legislature.
Sec. 2254. A business that, because of
an epidemic involving a communicable disease, is required to cease its
operations under an emergency order issued under section 2253 or a rule
promulgated by the department and that continues to operate is not in violation
of the order or rule if the business complies with each health or safety
precaution that the order or rule requires of another business that is allowed
to operate under the order or rule.
Sec. 2453. (1) If Except
as otherwise provided in subsection (3), if a local health
officer determines that control of an epidemic is necessary to protect the
public health, the local health officer may issue an emergency order to
prohibit the gathering of people persons for any purpose and may establish procedures
to be followed by persons, including a local governmental entity, during the
epidemic to insure ensure
continuation of essential public health services and enforcement
of health laws. Emergency procedures shall
are not be
limited to this code.
(2) A local health department or the department may provide
for the involuntary detention and treatment of individuals with hazardous
communicable disease in the manner prescribed in sections 5201 to 52385210.
(3) In an
emergency order issued under this section, a local health officer shall not do
either of the following:
(a) Restrict the capacity
of persons at a place of worship.
(b) Prohibit the
exercise of a religious practice, including, but not limited to, the
administration of a sacrament.
Sec. 2454. A business that, because of an epidemic involving a communicable disease, is required to cease its operations under an emergency order issued under section 2453 or a regulation adopted by a local health department and that continues to operate is not in violation of the order or regulation if the business complies with each health or safety precaution that the order or regulation requires of another business that is allowed to operate under the order or regulation.
Enacting section 1. Section 2253a of the public health code, 1978 PA 368, MCL 333.2253a, is intended to be retroactive and applies to emergency orders issued under section 2253 of the public health code, 1978 PA 368, MCL 333.2253, on or after November 15, 2020.
