Bill Text: MI HB5709 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: State financing and management: other; penalties for violations of the emergency management act; modify. Amends sec. 5 of 1976 PA 390 (MCL 30.405).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2020-05-19 - Referred To Committee Of The Whole [HB5709 Detail]
Download: Michigan-2019-HB5709-Engrossed.html
HOUSE BILL NO. 5709
April 16, 2020, Introduced by Rep. Sheppard and
referred to the Committee on Government Operations.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending section 5 (MCL 30.405), as amended by 2006 PA 545.
the people of the state of michigan enact:
Sec. 5. (1) In addition to the general authority
granted to the governor by this act, the governor may, upon the declaration of
a state of disaster or a state of emergency, do 1 or more of the following:
(a) Suspend a regulatory
statute, order, or rule prescribing the procedures
for conduct of state business, when strict compliance with the statute, order,
or rule would prevent, hinder, or delay necessary action in coping with the
disaster or emergency. This power does not extend to the suspension of criminal
process and procedures.
(b) Utilize the available
resources of the this state and its political
subdivisions, and those of the federal government made available to the this state, as are reasonably necessary
to cope with the disaster or emergency.
(c) Transfer the
direction, personnel, or functions of state departments, agencies, or units
thereof for the purpose of performing or facilitating emergency management.
(d) Subject to
appropriate compensation, as authorized by the legislature, commandeer or
utilize private property necessary to cope with the disaster or emergency.
(e) Direct and compel the
evacuation of all or part of the population from a stricken or threatened area
within the this state if necessary for the
preservation of life or other mitigation, response, or recovery activities.
(f) Prescribe routes,
modes, and destination of transportation in connection with an evacuation.
(g) Control ingress and
egress to and from a stricken or threatened area, removal of persons within the
area, and the occupancy of premises within the area.
(h) Suspend or limit the
sale, dispensing, or transportation of alcoholic beverages, explosives, and
combustibles.
(i) Provide for the
availability and use of temporary emergency housing.
(j) Direct all other
actions which are necessary and appropriate under
the circumstances.
(2) Subsection (1) does
not authorize the seizure, taking, or confiscation of lawfully possessed
firearms or ammunition.
(3) A person who
willfully disobeys or interferes with the implementation of a rule, order, or
directive issued by the governor pursuant to under this section is guilty of a misdemeanorresponsible for a state civil infraction even if that rule, order, or directive states
that the violation constitutes a misdemeanor or state
civil infraction. An individual who is responsible for a state civil
infraction under this section may be ordered to pay a civil fine of not more than $100.00. A person other than an individual who is
responsible for a state civil infraction under this section may be ordered to
pay a civil fine of not more than $500.00.
