The COVID Project
The record
- Jurisdiction
- Michigan
- Level
- State
- Authority
- Const. 1963, art. 4, sec. 51; Public Health Code Part 24
- Issued
- 1978-09-30 Sept. 30, 1978
- Effective
- 1978-09-30
- End
- standing (read as 2021-09-30)
- In force
- Standing since Sept. 30, 1978 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Gathering capSchools and child careQuarantine and isolationStanding duty
- Addressees
- persons generally within the local health department's jurisdiction, including local governmental entities, businesses, schools and venues
- Character
- statutory authority
- Collection
- Standing duties: Michigan DUT-MI
Operative words
if a local health officer determines that control of an epidemic is necessary to protect the public health, the local health officer by emergency order may... prohibit the gathering of people for any purpose and establish procedures to be followed by persons... during the epidemic to ensure continuation of essential public health services and enforcement of health laws.
Penalty
MCL 333.2461 (local civil penalties up to $1,000 per violation or day, Ex. DUT-MI-008); MCL 333.2441-2442 misdemeanor for violating local health regulations; MCL 333.2261 where the officer enforces a department order
What it required
Gave every county and district health officer independent power to prohibit gatherings and to establish binding procedures during an epidemic, and (subsection (2)) to 'provide for the involuntary detention and treatment of individuals with hazardous communicable disease'; it is the source of the county school isolation, quarantine and masking orders of August 6 to September 29, 2021 (Exs. MI-081 to MI-085) and of local orders throughout the period. Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteMichigan never preempted local orders during the six quarters (DIGEST_states_midwest, Michigan sec. (e)); Sec. 250 of 2021 PA 87 (Sept. 29, 2021; Ex. MI-086) attempted to bar mask orders for persons under 18 and was declared unenforceable. The 2020-2021 text of subsection (1) lacked the 'Subject to subsections (3) and (4)' qualifier added in 2023.