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Ex. MI-086 Order Primary source read

2021 PA 87 (Enrolled Senate Bill 82), Article 6, Secs. 250 and 510

Budget boilerplate barring the MDHHS director and local health officers from issuing or enforcing mask orders for persons under 18 (Sec. 250) and masking directives for children under 5 (Sec. 510)

Michigan Legislature (2021 PA 87, approved by the Governor with a signing statement) · Michigan (State)

The COVID Project

The record

Jurisdiction
Michigan
Level
State
Authority
Omnibus appropriations act for fiscal year 2021-22, Article 6 (Department of Health and Human Services), Sec. 250 and Sec. 510
Issued
2021-09-29 Sept. 29, 2021
Effective
2021-09-29 (act's stated effective date); appropriations for the fiscal year beginning October 1, 2021 (read as 2021-09-29)
End
Fiscal year 2021-22 boilerplate; the Governor's signing statement declared Sec. 250 unenforceable, and local health departments' school mask orders continued (see Kalamazoo's October 1, 2021 statement in the archived index) (read as 2021-10-01)
In force
Sept. 29, 2021 to Oct. 1, 2021
Quarters
2021 Q3
Limitation types
Other
Addressees
  • MDHHS director
  • local health officers
Functions reached
  • preemption context for the fall 2021 local school mask orders
Collection
Michigan MI

Operative words

Sec. 250. The director or a local health officer shall not issue or enforce any orders or other directives that require an individual in this state who is under the age of 18 to wear a face mask or face covering.... Sec. 510. The department shall not enforce any directive requiring the masking of children less than 5 years of age...

Enforcement

Appropriations condition; declared unenforceable by the Governor

Notes

Michigan's only attempt at preempting local COVID-19 orders during the period; it came on September 29, 2021, and did not displace the county orders in force in Q3 2021.

Retrieval note

Legislature's enrolled act PDF (4.6 MB); Sec. 250 read in the text. In force in Q3 2021 on its last two days only: Sec. 250 effective Sept. 29, 2021; declared unenforceable by the Governor's signing statement.