HB-6363, As Passed Senate, December 12, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6363

     A bill to amend 1976 PA 390, entitled

"Emergency management act,"

by amending section 5 (MCL 30.405), as amended by 1990 PA 50.

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 state and its

political subdivisions, and those of the federal government made

available to the 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 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,  firearms, 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)  (2) A person who willfully disobeys or interferes with

the implementation of a rule, order, or directive issued by the

governor pursuant to this section is guilty of a misdemeanor.