Bill Text: MI SB0001 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Health: diseases; time limits on emergency orders issued in response to an epidemic; provide for unless extension is approved by the legislature and require emergency order to include certain information. Amends sec. 2253 of 1978 PA 368 (MCL 333.2253) & adds sec. 2253a.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2021-03-25 - Postponed For The Day [SB0001 Detail]
Download: Michigan-2021-SB0001-Engrossed.html
Substitute For
SENATE BILL NO. 1
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 2253 (MCL 333.2253), as amended by 2006 PA 157, and by adding section 2253a.
the people of the state of michigan enact:
Sec. 2253. (1) If Subject
to section 2253a, 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.
An emergency order issued under this subsection must identify the epidemic that is the subject of the emergency order
and include both of the following:
(a)
A description of how any prohibition on the gathering of persons or procedures
to be followed in the emergency order protects the public health.
(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.
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, both of the following apply:
(a) 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.
(b) The director shall not issue a new emergency order based on the
same epidemic for which the emergency order was issued under section 2253
unless the order is approved by resolution of both houses of the legislature.
Enacting section 1. Section 2253a as added by this amendatory act 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.
