August 29, 2006, Introduced by Rep. Hummel and referred to the Committee on Government Operations.
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; subject
to subsection (3), 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modified, or rescinded, in like the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 firearms that are lawfully possessed.