August 29, 2006, Introduced by Rep. Hummel 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 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.
However, this subdivision does not authorize the seizure, taking,
or confiscation of firearms that are lawfully possessed.
(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) 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.