2021 Senate Bill 1

Limit state health department epidemic orders without legislative approval

Introduced in the Senate

Jan. 13, 2021

Introduced by Sen. Lana Theis (R-22)

To restrict emergency orders the state health department (the Department of Health and Human Service) may impose in response to an epidemic to 28 days unless an extension is approved by the legislature. A state Public Health Code adopted by the legislature in 1978 gives the department the authority to issue such orders.

Referred to the Committee on Government Operations

March 2, 2021

Amendment offered

To clarify that not only must the legislature approve any extension of an emergency order after 28 days, it must also approve any renewals of an already-expired order.

The amendment passed by voice vote

Passed in the Senate 20 to 15 (details)

To restrict emergency orders the state health department (the Department of Health and Human Service) may impose in response to an epidemic to 28 days unless an extension is approved by the legislature. A state Public Health Code adopted by the legislature in 1978 gives the department the authority to issue such orders. The bill would also require officials to disclose in such orders how any restrictions on gatherings protects public health, and all the information used in deciding to issue the emergency order.

Received in the House

March 4, 2021

March 9, 2021

Passed in the House 59 to 50 (details)

Vetoed by Gov. Gretchen Whitmer

March 24, 2021