Legislative Analysis
Phone: (517) 373-8080
EMERGENCY PUBLIC HEALTH ORDERS
http://www.house.mi.gov/hfa
House Bill 4268 (H-2) as reported from committee
Analysis available at
Sponsor: Rep. Luke Meerman http://www.legislature.mi.gov
Committee: Government Operations
Complete to 5-4-21
SUMMARY:
House Bill 4268 would amend the Public Health Code to limit the duration and content of
certain emergency public health orders.
Under the code, if the director of the Department of Health and Human Services (DHHS) or a
local health officer determines that it is necessary to control an epidemic to protect the public
health, he or she can issue an emergency order to limit the size of gatherings and establish
emergency procedures that must be followed during the epidemic.
The bill would provide that such an emergency order is valid for 28 days. An initial order could
place one or more different restrictions on different businesses. When the initial order expires,
if the director of DHHS or the local health officer (as applicable) determines that control of the
epidemic is still necessary to protect the public health, he or she could issue a subsequent order
to control the epidemic. Any subsequent emergency order issued in response to the same
epidemic would have to impose uniform restrictions across all businesses unless an emergency
order imposing different restrictions is approved by resolution of both houses of the legislature.
MCL 333.2253 and 333.2453 and proposed MCL 333.2254 and 333.2454
FISCAL IMPACT:
House Bill 4268 would have indeterminate fiscal implications for DHHS and for local public
health departments. Health department costs related to pandemic events include monitoring,
contact tracing, collaborating with other public and private entities for pandemic infrastructure
and response, and many others. In the current pandemic many of these costs are supported by
state and local funds, and some of these costs have been supported by federal appropriations
in FY 2019-20 and FY 2020-21.
POSITIONS:
A representative of NFIB Michigan testified in support of the bill. (3-11-21)
The Michigan Family Forum indicated support for the bill. (3-11-21)
The Department of Health and Human Services indicated opposition to the bill. (3-11-21)
Legislative Analyst: Rick Yuille
Fiscal Analyst: Susan Frey
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations, and does not constitute an official statement of legislative intent.
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Statutes affected:
House Introduced Bill: 333.2253, 333.2453