HOUSE BILL NO. 4049
January 27, 2021, Introduced by Reps.
Hornberger, Albert and Yaroch and referred to the Committee on
Appropriations.
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 section 2453a.
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 in
the emergency order 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)
The director shall not issue an order under this section that does any of the
following during an epidemic involving coronavirus:
(a)
Closes a school to in-person instruction.
(b)
Prohibits a qualified sporting event.
(5)
As used in this section:
(a)
"Coronavirus" means severe acute respiratory syndrome coronavirus 2
(SARS-CoV-2).
(b)
"Qualified sporting event" means 1 or more of the following:
(i) A sporting event carried on between 2 or more
schools.
(ii) A collegiate sporting event sanctioned by a
nationally recognized body.
(iii) A sporting event recognized by a local
organization that is engaged in the development and active promotion of an athletic
activity.
(iv) A practice held to prepare for a sporting event
described in subparagraph (i), (ii), or (iii).
(c)
"School" means a public school or nonpublic school as those terms are
defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
Sec. 2453. (1) If Subject
to section 2453a, 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
in the emergency order 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.
Sec. 2453a. (1)
A local health officer may issue an emergency order under section 2453 that
closes a school located in the area served by the local health department to
in-person instruction or prohibits a qualified sporting event occurring in the
area served by the local health department, if the local health officer
determines that control of an epidemic related to coronavirus is necessary to
protect the public health and that all of the following are met:
(a)
The number of confirmed cases of coronavirus within the area served by the
local health department is above 55 per 1,000,000 within a 14-day period.
(b)
The percentage of positive tests for coronavirus within the area served by the
local health department is above 10% within a 14-day period.
(c)
Each health facility located in the area served by the local health department
maintains a surge capacity below 20% in admissions or patient transfers.
(d)
Hospitalizations for coronavirus within the area served by the local health
department have increased by 25% or more within a 14-day period.
(2)
If an area served by a local health department includes more than 1 county, the
calculations described in subsection (1) must be performed for each county
separately. A calculation performed for purposes of subsection (1) must not
include individuals who are housed in any of the following:
(a)
A state or federal correctional facility.
(b)
A county jail.
(c)
A congregate care setting.
(3)
As used in this section:
(a)
"Congregate care setting" means a residential environment where a
group of individuals reside, meet, or gather in close proximity for a limited
or extended period of time.
(b)
"Coronavirus" means that term as defined in section 2253.
(c)
"County jail" means a facility operated by a county for the physical
detention and correction of individuals charged with, or convicted of, criminal
offenses or ordinance violations or individuals found guilty of civil or
criminal contempt.
(d)
"Health facility" means a health facility or agency as that term is
defined in section 20106.
(e)
"Qualified sporting event" means that term as defined in section
2253.
(f)
"School" means that term as defined in section 2253.
Enacting section
1. This amendatory act does not take effect unless Senate Bill No.____ or House
Bill No. 4048 (request no. 01527'21) of the 101st Legislature is enacted into
law.