HOUSE BILL NO. 5188

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.

the people of the state of michigan enact:

Sec. 2253. (1) If Except as otherwise provided in subsection (4), 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 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.

(4) An emergency order issued under this section must not do any of the following:

(a) Prohibit, suspend, or limit the business operations of any entity engaged in the lawful selling or servicing of a firearm or ammunition, including any components or accessories, ammunition-reloading equipment and supplies, or personal weapons other than firearms.

(b) Prohibit, suspend, or limit the business operations of any indoor or outdoor shooting range, whether located on state lands or not, or any entity engaged in providing firearms safety, firearms training, firearms license qualification or requalification, firearms safety instructor courses, or any similar class, course, or program.

(c) Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any of the following:

(i) A firearm, including any component or accessory of a firearm.

(ii) Ammunition, including any component or accessory of ammunition.

(iii) Ammunition-reloading equipment and supplies.

(iv) A deadly weapon other than a firearm.

(d) Suspend, restrict, or prohibit otherwise lawful hunting, fishing, or trapping activities or business entities conducting or directly facilitating lawful hunting, trapping, or fishing activities, whether conducted on state lands and waters or not.

(5) A person adversely affected by an emergency order issued or enforced in violation of this section may file an action for damages, injunctive relief, declaratory relief, or other appropriate redress in the court having appropriate subject matter jurisdiction. In addition to any actual damages and other relief provided with respect to an action described in this subsection, the court shall award reasonable court costs and expenses, including litigation costs and attorney fees, to any person that brings the action, regardless of whether the emergency order is rescinded or expires after the civil action was filed but before a final court determination of the action.

Sec. 2453. (1) If Except as otherwise provided in subsection (3), 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 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.

(3) An emergency order issued under this section must not do any of the following:

(a) Prohibit, suspend, or limit the business operations of any entity engaged in the lawful selling or servicing of a firearm or ammunition, including any components or accessories, ammunition-reloading equipment and supplies, or personal weapons other than firearms.

(b) Prohibit, suspend, or limit the business operations of any indoor or outdoor shooting range, whether located on state lands or not, or any entity engaged in providing firearms safety, firearms training, firearms license qualification or requalification, firearms safety instructor courses, or any similar class, course, or program.

(c) Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any of the following:

(i) A firearm, including any component or accessory of a firearm.

(ii) Ammunition, including any component or accessory of ammunition.

(iii) Ammunition-reloading equipment and supplies.

(iv) A deadly weapon other than a firearm.

(d) Suspend, restrict, or prohibit otherwise lawful hunting, fishing, or trapping activities or business entities conducting or directly facilitating lawful hunting, trapping, or fishing activities, whether conducted on state lands and waters or not.

(4) A person adversely affected by an emergency order issued or enforced in violation of this section may file an action for damages, injunctive relief, declaratory relief, or other appropriate redress in the court having appropriate subject matter jurisdiction. In addition to any actual damages and other relief provided with respect to an action described in this subsection, the court shall award reasonable court costs and expenses, including litigation costs and attorney fees, to any person that brings the action, regardless of whether the emergency order is rescinded or expires after the civil action was filed but before a final court determination of the action.