EPIDEMIC CONTROL ORDER; TIME LIMIT                                                       S.B. 1253:

                                                                                 SUMMARY OF DISCHARGED BILL










Senate Bill 1253 (as discharged)

Sponsor:  Senator Lana Theis

Committee:  Government Operations (discharged)




The bill would amend the Public Health Code to specify that an emergency order issued to control an epidemic would be valid for up to 28 days unless a request from the Director of the Department of Health and Human Services (DHHS) to extend the order was approved by resolution of both houses of the Legislature.


Under Section 2253, if the Director of the DHHS determines that control of an epidemic is necessary to protect the public health, he or she by emergency order may prohibit the gathering of people for any purpose and may establish procedures to be followed during the epidemic to ensure continuation of essential public health services and enforcement of health laws. Emergency procedures are not limited to the Code.


Under the bill, beginning November 15, 2020, an emergency order issued under Section 2253, would be valid for the time period specified in the order or until the order had been in effect for 28 days, whichever was sooner. After 28 days, an emergency order issued under Section 2253 would not be valid unless a request from the Director to extend the order for a specific number of days was approved by both houses of the Legislature.


The bill states that is intended to be retroactive and would apply to emergency orders issued under Section 2253 on or after November 15, 2020.


MCL 333.2253 et al.                                                         Legislative Analyst:  Jeff Mann




The bill would have no fiscal impact on State or local government.


Date Completed:  12-10-20                                              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.