HB-6364, As Passed House, November 14, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6364

     A bill to amend 1945 PA 302, entitled

"An act authorizing the governor to proclaim a state of emergency,

and to prescribe the powers and duties of the governor with respect

thereto; and to prescribe penalties,"

by amending section 1 (MCL 10.31).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. (1) During times of great public crisis, disaster,

rioting, catastrophe, or similar public emergency within the state,

or reasonable apprehension of immediate danger  thereof  of a

public emergency of that kind, when public safety is imperiled,

either upon application of the mayor of a city, sheriff of a

county, or the commissioner of the Michigan state police  , or

upon his or her own volition, the governor may proclaim a state of

emergency and designate the area involved.  Following such  After

making the proclamation or declaration, the governor may promulgate

such reasonable orders, rules, and regulations as he  deems  or

she considers necessary to protect life and property  , or to

bring the emergency situation within the affected area under

control.  Without limiting the scope of the same, said  Those

orders, rules, and regulations may  provide  include, but are not

limited to, providing for the control of traffic, including public

and private transportation, within the area or any section  thereof

of the area; designation of specific zones within the area in which

occupancy and use of buildings and ingress and egress of persons

and vehicles may be prohibited or regulated; control of places of

amusement and assembly  , and of persons on public streets and

thoroughfares; establishment of a curfew; control of the sale,

transportation, and use of alcoholic beverages and liquors;

control of the possession, sale, carrying and use of firearms,

other dangerous weapons, and ammunition; and control of the

storage, use, and transportation of explosives or inflammable

materials or liquids deemed to be dangerous to public safety.  Such

     (2) The orders, rules, and regulations  shall be  promulgated

under subsection (1) are effective from the date and in the manner

prescribed in  such  the orders, rules, and regulations and shall

be made public as provided  therein  in the orders, rules, and

regulations.  Such  The orders, rules, and regulations may be

amended, modified, or rescinded, in  like  the manner in which they

were promulgated, from time to time by the governor during the

pendency of the emergency, but shall cease to be in effect upon

declaration by the governor that the emergency no longer exists.

     (3) Subsection (1) does not authorize the seizure, taking, or

confiscation of lawfully possessed firearms, ammunition, or other

weapons.