Substitute For
SENATE BILL NO. 603
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.
the people of the state of michigan enact:
Sec. 2253. (1) If 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 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) An emergency order issued under this section shall not do any of the following:
(a) Require an individual who is a student to wear a face mask or, if the student is asymptomatic for COVID-19, be tested for COVID-19, to do any of the following:
(i) Enter or attend school.
(ii) Ride a school bus or other school-related vehicle.
(iii) Participate in or attend a school-sponsored activity or event, whether or not it is held on school premises. A school-sponsored activity or event described in this subparagraph includes, but is not limited to, participation in or attendance at school-sponsored sports, band, theater, educational trips, or other extracurricular activities.
(b) Require an individual to wear a face mask or, if the individual is asymptomatic for COVID-19, be tested for COVID-19, to attend a meeting of a school board.
(c) Require an individual to receive an EUA vaccination to do any of the activities described in subdivisions (a) and (b).
(d) Require an individual to receive a vaccination for COVID-19 to do any of the activities described in subdivisions (a) and (b).
(5) As used in this section:
(a) "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(b) "EUA vaccination" means a vaccine authorized by the United States Food and Drug Administration solely for emergency use.
(c) "Face mask" means a tightly woven cloth or other multilayer absorbent material that closely covers an individual's mouth and nose.
(d) "Intermediate school board" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(e) "Public school academy" means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(g) "School board" means the board, as that term is defined in section 3 of the revised school code, 1976 PA 451, MCL 380.3, of a school district, the intermediate school board, the governing body of a nonpublic school, or the board of directors of a public school academy.
(h) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.
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 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 5238.5210.
(3) An emergency order issued under this section shall not do any of the following:
(a) Require an individual who is a student to wear a face mask or, if the student is asymptomatic for COVID-19, be tested for COVID-19, to do any of the following:
(i) Enter or attend school.
(ii) Ride a school bus or other school-related vehicle.
(iii) Participate in or attend a school-sponsored activity or event, whether or not it is held on school premises. A school-sponsored activity or event described in this subparagraph includes, but is not limited to, participation in or attendance at school-sponsored sports, band, theater, educational trips, or other extracurricular activities.
(b) Require an individual to wear a face mask or, if the individual is asymptomatic for COVID-19, be tested for COVID-19, to attend a meeting of a school board.
(c) Require an individual to receive an EUA vaccination to do any of the activities described in subdivisions (a) and (b).
(d) Require an individual to receive a vaccination for COVID-19 to do any of the activities described in subdivisions (a) and (b).
(4) As used in this section:
(a) "COVID-19" means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
(b) "EUA vaccination" means a vaccine authorized by the United States Food and Drug Administration solely for emergency use.
(c) "Face mask" means a tightly woven cloth or other multilayer absorbent material that closely covers an individual's mouth and nose.
(d) "Intermediate school board" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(e) "Public school academy" means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(f) "School" means a public school or a nonpublic school as those terms are defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(g) "School board" means the board, as that term is defined in section 3 of the revised school code, 1976 PA 451, MCL 380.3, of a school district, the intermediate school board, the governing body of a nonpublic school, or the board of directors of a public school academy.
(h) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 601 of the 101st Legislature is enacted into law.