EMERGENCY ORDERS; MENACE TO PUBLIC HEALTH                                         H.B. 6195:

                                                                                 SUMMARY OF DISCHARGED BILL

House Bill 6195 (as discharged)

Sponsor:  Representative Mary Whiteford

House Committee:  Oversight

Senate Committee:  Oversight (discharged)

CONTENT

The bill would amend the Public Health Code to specify that the time period in which the Director of the Department of Health and Human Services (DHHS) may take full charge of the administration of applicable State and local health laws in response to a menace to the public health would be limited to 28 days unless a request from the Director to extend those powers for a specific number of days was approved by resolution of both houses of the Legislature.

Under the Code, if the Director determines that conditions anywhere in the 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. Under the bill, the Director could exercise these powers only for the time period that the conditions constituted a menace to the public health or for 28 days, whichever was sooner. After 28 days, the Director could not take charge of the administration of applicable State and local health laws, rules, regulations, and ordinances unless a request from the Director to continue to do so for a specific number of days was approved by resolution of both houses of the Legislature.

House Bill 6195 (H-1) is tie-barred to House Bill 6194, which would limit, to 28 days, the time period the Director could issue an order to avoid, correct, or remove an imminent danger to the health or lives unless an extension was approved by the Legislature.

MCL 333.2251                                                              Legislative Analyst:  Olivia Ponte

FISCAL IMPACT

The bill would have a minor negative fiscal impact on the DHHS and no fiscal impact on local units of government. Increased costs for the Department would stem from an increase in administrative responsibilities and coordination with the Legislature for monthly extension approvals.

Date Completed:  9-28-22                                               Fiscal Analyst:  Ellyn Ackerman

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.