HOUSE BILL NO. 4268
February 18, 2021, Introduced by Reps. Meerman,
Steven Johnson, Fink, Slagh, Wozniak, Brann, Paquette, LaFave and Roth and
referred to the Committee on Government Operations.
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 sections 2254 and 2454.
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)
In an emergency order issued under this section, the director shall not do
either of the following:
(a)
Restrict the capacity of persons at a place of worship.
(b)
Prohibit the exercise of a religious practice, including, but not limited to,
the administration of a sacrament.
Sec. 2254. A
business that, because of an epidemic involving a communicable disease, is
required to cease its operations under an emergency order issued under section
2253 or a rule promulgated by the department and that continues to operate is not
in violation of the order or rule if the business complies with each health or safety
precaution that the order or rule requires of another business that is allowed
to operate under the order or rule.
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) In an
emergency order issued under this section, a local health officer shall not do
either of the following:
(a) Restrict the
capacity of persons at a place of worship.
(b) Prohibit the exercise of a religious practice, including, but not limited to, the administration of a sacrament.
Sec. 2454. A business that, because of
an epidemic involving a communicable disease, is required to cease its
operations under an emergency order issued under section 2453 or a regulation adopted
by a local health department and that continues to operate is not in violation
of the order or regulation if the business complies with each health or safety
precaution that the order or regulation requires of another business that is
allowed to operate under the order or regulation.