Bill Text: MI HB6194 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health: diseases; time limits on certain orders issued in response to imminent dangers; provide for unless extension is approved by the legislature. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 2251a.
Spectrum: Partisan Bill (Republican 15-0)
Status: (Vetoed) 2022-11-10 - Re-referred To Committee On Oversight [HB6194 Detail]
Download: Michigan-2021-HB6194-Introduced.html
HOUSE BILL NO. 6194
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2251 (MCL 333.2251), as amended by 2012 PA 180, and by adding section 2251a.
the people of the state of michigan enact:
Sec. 2251. (1) Upon On a determination that an imminent danger to the health or lives of individuals exists in this state, the director immediately shall inform the individuals affected by the imminent danger and, subject to section 2251a, issue an order that shall must be delivered to a person authorized to avoid, correct, or remove the imminent danger or be posted at or near the imminent danger. The order shall must incorporate the director's findings and require immediate action necessary to avoid, correct, or remove the imminent danger. The order may specify action to be taken or prohibit the presence of individuals in locations or under conditions where the imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove the imminent danger.
(2) Upon On the failure of a person to comply promptly with a department order issued under this section, the department may petition the circuit court having jurisdiction to restrain a condition or practice which that the director determines causes the imminent danger or to require action to avoid, correct, or remove the imminent danger.
(3) If the director determines that conditions anywhere in this state constitute a menace to the public health, the director may take full charge of the administration of applicable state and local health laws, rules, regulations, and ordinances in addressing that menace.
(4) If the director determines that an imminent danger to the health or lives of individuals in this state can be prevented or controlled by the promulgation of an emergency rule under section 48(2) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.248, to schedule or reschedule a substance as a controlled substance as provided in part 72, the director shall notify the director of the department of licensing and regulatory affairs and the administrator of his or her determination in writing. The notification shall must include a description of the substance to be scheduled or rescheduled and the grounds for his or her determination. The director may provide copies of police, hospital, and laboratory reports and other information to the director of the department of licensing and regulatory affairs and the administrator as considered appropriate by the director.
(5) As used in this section:
(a) "Administrator" means that term as defined in section 7103.
(b) "Imminent danger" means a condition or practice exists that could reasonably be expected to cause death, disease, or serious physical harm immediately or before the imminence of the danger can be eliminated through enforcement procedures otherwise provided.
(c) "Person" means a person as defined in section 1106 or a governmental entity.
Sec. 2251a. An order issued under section 2251 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 order issued under section 2251 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.
