Vetoed by Governor Gretchen Whitmer

Vote Smart's Synopsis:

Vote to pass a bill that repeals the governors emergency powers act of 1945.

Highlights:

• Establishes that 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 persons for any purpose and may establish procedures to be followed during the epidemic to ensure the continuation of essential public health services and enforcement of health laws (Sec. 2253).

• Specifies that 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 (Sec. 2253):

• A description of how any prohibition on the gathering of persons or procedures to be followed in the emergency order protects the public health; and

• All information that the director used when determining to issue the emergency order, including, but not limited to, data or statistics used by the director in determining that the control of the epidemic through emergency order is necessary to protect the public health.

• Establishes that if an epidemic 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 (Sec. 2253).

• Specifies that on request from the director, the department of agriculture and rural development is to assist the department in any review or update of the department’s pandemic influenza plan under section 5112 (Sec. 2253).

• Establishes that beginning November 15, 2020, an emergency order issued under section 2253 is valid for the time specified in the order or until the order has been in effect for 28 days, whichever is sooner; however, after 28 days, both of the following apply (Sec. 2253a):

• 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; and

• 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 the resolution of both houses of the legislature.

• Specifies that 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 (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that repeals the governors emergency powers act of 1945.

Highlights:

• Establishes that 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 persons for any purpose and may establish procedures to be followed during the epidemic to ensure the continuation of essential public health services and enforcement of health laws (Sec. 2253).

• Specifies that 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 (Sec. 2253):

• A description of how any prohibition on the gathering of persons or procedures to be followed in the emergency order protects the public health; and

• All information that the director used when determining to issue the emergency order, including, but not limited to, data or statistics used by the director in determining that the control of the epidemic through emergency order is necessary to protect the public health.

• Establishes that if an epidemic 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 (Sec. 2253).

• Specifies that on request from the director, the department of agriculture and rural development is to assist the department in any review or update of the department’s pandemic influenza plan under section 5112 (Sec. 2253).

• Establishes that beginning November 15, 2020, an emergency order issued under section 2253 is valid for the time specified in the order or until the order has been in effect for 28 days, whichever is sooner; however, after 28 days, both of the following apply (Sec. 2253a):

• 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; and

• 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 the resolution of both houses of the legislature.

• Specifies that 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 (Sec. 1).

Full Bill Text