Michigan 2023-2024 Regular Session

Michigan House Bill HB5545 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE BILL NO. 5545 A bill to provide remedies for the issuance of emergency orders that affect the conduct of worship services by religious organizations. the people of the state of michigan enact: Sec. 1. This act may be cited as the "religious services maintenance act". Sec. 2. As used in this act: (a) "Director" means that term as defined in section 1104 of the public health code, 1978 PA 368, MCL 333.1104. (b) "Emergency order" means any of the following: (i) An order, proclamation, or directive issued under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. (ii) An order entered under section 2253 or 2453 of the public health code, 1978 PA 368, MCL 333.2253 and 333.2453. Sec. 3. (1) If an emergency order is issued that prohibits, suspends, or limits a church or religious organization from conducting worship services, the church or religious organization may bring an action against the governor, director, or local health officer, as applicable, requesting the court to award any equitable or declaratory relief that the court determines is appropriate to prevent the enforcement of the emergency order. (2) If a church or religious organization prevails in an action under this section, in addition to any equitable or declaratory relief awarded, the court shall award the church or religious organization both of the following: (a) Compensatory damages. (b) Actual attorney fees and costs. Sec. 4. (1) The court in which an action is filed under section 3 shall render a decision in the action not later than 14 days after the action is filed. (2) If an order or judgment of the court in an action under section 3 is appealed, the appellate court shall render a decision on the appeal not later than 14 days after the appeal is filed. (3) An appellate court shall not stay an order or judgment entered in an action under section 3 pending an appeal or while an action is appealed.
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23	23	HOUSE BILL NO. 5545
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27	27	A bill to provide remedies for the issuance of emergency orders that affect the conduct of worship services by religious organizations.
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29	29	the people of the state of michigan enact:
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31	31	Sec. 1. This act may be cited as the "religious services maintenance act".
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33	33	Sec. 2. As used in this act:
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35	35	(a) "Director" means that term as defined in section 1104 of the public health code, 1978 PA 368, MCL 333.1104.
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37	37	(b) "Emergency order" means any of the following:
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39	39	(i) An order, proclamation, or directive issued under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421.
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41	41	(ii) An order entered under section 2253 or 2453 of the public health code, 1978 PA 368, MCL 333.2253 and 333.2453.
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43	43	Sec. 3. (1) If an emergency order is issued that prohibits, suspends, or limits a church or religious organization from conducting worship services, the church or religious organization may bring an action against the governor, director, or local health officer, as applicable, requesting the court to award any equitable or declaratory relief that the court determines is appropriate to prevent the enforcement of the emergency order.
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45	45	(2) If a church or religious organization prevails in an action under this section, in addition to any equitable or declaratory relief awarded, the court shall award the church or religious organization both of the following:
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47	47	(a) Compensatory damages.
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49	49	(b) Actual attorney fees and costs.
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51	51	Sec. 4. (1) The court in which an action is filed under section 3 shall render a decision in the action not later than 14 days after the action is filed.
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53	53	(2) If an order or judgment of the court in an action under section 3 is appealed, the appellate court shall render a decision on the appeal not later than 14 days after the appeal is filed.
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55	55	(3) An appellate court shall not stay an order or judgment entered in an action under section 3 pending an appeal or while an action is appealed.