SENATE BILL NO. 250
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 2253a and 2453a.
the people of the state of michigan enact:
Sec. 2253. (1) If 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 people for any purpose and may establish procedures in the emergency order 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.
Sec. 2253a. (1) Subject to subsection (2), an emergency order issued under section 2253 to control an epidemic related to coronavirus that places a restriction on a qualified establishment is subject to all of the following:
(a) If this state has a test positivity rate of less than 3% for not less than 14 consecutive days, the emergency order must not place a limitation on indoor dining occupancy or on a meeting or event held at the qualified establishment.
(b) If this state has a test positivity rate of 3% to not more than 7% for not less than 7 consecutive days, the emergency order must do all of the following:
(i) Limit the indoor dining occupancy rate to 50%.
(ii) Limit the consumption of food and beverages in the qualified establishment to a designated dining area where an individual is seated.
(iii) Limit the occupancy of a meeting or event held at the qualified establishment to 50 individuals per 1,000 square feet with a maximum of 250 individuals if the meeting or event is held indoors and a maximum of 500 individuals if the meeting or event is held outdoors.
(c) If this state has a test positivity rate of greater than 7% to not more than 10% for not less than 7 consecutive days, the emergency order must do all of the following:
(i) Limit the indoor dining occupancy rate to 50%.
(ii) Limit the consumption of food and beverages in the qualified establishment to a designated dining area where an individual is seated.
(iii) Limit the occupancy of a meeting or event held at the qualified establishment to 25 individuals per 1,000 square feet with a maximum of 150 individuals if the meeting or event is held indoors and a maximum of 250 individuals if the meeting or event is held outdoors.
(iv) For the purposes of contact tracing, encourage the qualified establishment to maintain a record of the name and telephone number of each individual dining at the qualified establishment and the individual's date and time of entry into the qualified establishment.
(d) If this state has a test positivity rate of greater than 10% to not more than 15% for not less than 7 consecutive days, the emergency order must do all of the following:
(i) Limit the indoor dining occupancy rate to 25%.
(ii) Limit the consumption of food or beverages in the qualified establishment to a designated dining area where an individual is seated.
(iii) Limit the occupancy of a meeting or event held at the qualified establishment to 15 individuals per 1,000 square feet with a maximum of 50 individuals if the meeting or event is held indoors and a maximum of 150 individuals if the meeting or event is held outdoors.
(iv)For the purposes of contact tracing, encourage the qualified establishment to maintain a record of the name and telephone number of each individual dining at the qualified establishment and the individual's date and time of entry into the qualified establishment.
(e) If this state has a test positivity rate of greater than 15% to not more than 20% for not less than 7 consecutive days, the emergency order must close the qualified establishment to indoor dining and limit the occupancy of a meeting or event held at the qualified establishment to a maximum of 10 individuals from not more than 2 households.
(f) If this state has a test positivity rate of greater than 20% for not less than 14 consecutive days, the emergency order must close the qualified establishment to indoor dining and prohibit a meeting or event from being held at the qualified establishment.
(2) The test positivity rate described in subsection (1) must be calculated as follows:
(a) Divide the total number of positive test results for coronavirus in this state for a single day by the total number of tests performed for coronavirus in this state on that day.
(b) Calculate the daily 7-day average of the results under subdivision (a) for the prior 7 consecutive days.
(3) As used in this section:
(a) "Coronavirus" means that term as defined in section 5145.
(b) "Event venue" means an establishment other than a food service establishment that consists of an enclosed hall, building, or portion of a building, and that is regularly available for the purpose of holding a banquet, a dinner, entertainment, a luncheon, a sports event, or other similar activity or event.
(c) "Food service establishment" means that term as defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.
(d) "Household" means a group of individuals who live at the same dwelling.
(e) "Qualified establishment" means any of the following:
(i) A food service establishment.
(ii) An event venue.
Sec. 2453. (1) If Subject to section 2453a, 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 in the emergency order 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.
Sec. 2453a. (1) Subject to subsection (2), an emergency order issued under section 2453 to control an epidemic related to coronavirus that places a restriction on a qualified establishment is subject to all of the following:
(a) If the area served by the local health department has a test positivity rate of less than 3% for not less than 14 consecutive days, the emergency order must not place a limitation on indoor dining occupancy or on a meeting or event held at the qualified establishment.
(b) If the area served by the local health department has a test positivity rate of 3% to not more than 7% for not less than 7 consecutive days, the emergency order must do all of the following:
(i) Limit the indoor dining occupancy rate to 50%.
(ii) Limit the consumption of food and beverages in the qualified establishment to a designated dining area where an individual is seated.
(iii) Limit the occupancy of a meeting or event held at the qualified establishment to 50 individuals per 1,000 square feet with a maximum of 250 individuals if the meeting or event is held indoors and a maximum of 500 individuals if the meeting or event is held outdoors.
(c) If the area served by the local health department has a test positivity rate of greater than 7% to not more than 10% for not less than 7 consecutive days, the emergency order must do all of the following:
(i) Limit the indoor dining occupancy rate to 50%.
(ii) Limit the consumption of food and beverages in the qualified establishment to a designated dining area where an individual is seated.
(iii) Limit the occupancy of a meeting or event held at the qualified establishment to 25 individuals per 1,000 square feet with a maximum of 150 individuals if the meeting or event is held indoors and a maximum of 250 individuals if the meeting or event is held outdoors.
(iv) For the purposes of contact tracing, encourage the qualified establishment to maintain a record of the name and telephone number of each individual dining at the qualified establishment and the individual's date and time of entry into the qualified establishment.
(d) If the area served by the local health department has a test positivity rate of greater than 10% to not more than 15% for not less than 7 consecutive days, the emergency order must do all of the following:
(i) Limit the indoor dining occupancy rate to 25%.
(ii) Limit the consumption of food or beverages in the qualified establishment to a designated dining area where an individual is seated.
(iii) Limit the occupancy of a meeting or event held at the qualified establishment to 15 individuals per 1,000 square feet with a maximum of 50 individuals if the meeting or event is held indoors and a maximum of 150 individuals if the meeting or event is held outdoors.
(iv) For the purposes of contact tracing, encourage the qualified establishment to maintain a record of the name and telephone number of each individual dining at the qualified establishment and the individual's date and time of entry into the qualified establishment.
(e) If the area served by the local health department has a test positivity rate of greater than 15% to not more than 20% for not less than 7 consecutive days, the emergency order shall close the qualified establishment to indoor dining and limit the occupancy of a meeting or event held at the qualified establishment to a maximum of 10 individuals from not more than 2 households.
(f) If the area served by the local health department has a test positivity rate of greater than 20% for not less than 14 consecutive days, the emergency order shall close the qualified establishment to indoor dining and prohibit a meeting or event from being held at each qualified establishment.
(2) The test positivity rates described in subsection (1) must be calculated as follows:
(a) Divide the total number of positive test results for coronavirus in the area served by the local health department for a single day by the total number of tests performed for coronavirus in the area served by the local health department on that day.
(b) Calculate the daily 7-day average of the results under subdivision (a) for the prior 7 consecutive days.
(3) As used in this section:
(a) "Coronavirus" means that term as defined in section 5145.
(b) "Event venue" means that term as defined in section 2253a.
(c) "Food service establishment" means that term as defined in section 1107 of the food law, 2000 PA 92, MCL 289.1107.
(d) "Household" means that term as defined in section 2253a.
(e) "Qualified establishment" means any of the following:
(i) A food service establishment.
(ii) An event venue.