EMA VIOLATION; CIVIL INFRACTION                                                             H.B. 5709:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

House Bill 5709 (as reported without amendment)

Sponsor:  Representative Jason Sheppard

House Committee:  Government Operations (discharged)

Senate Committee:  Judiciary and Public Safety

CONTENT

The bill would amend the Emergency Management Act to specify that a person who willfully disobeyed or interfered with a rule, order, or directive issued by the Governor during a declared state or emergency or state of disaster would be responsible for a civil infraction, instead of being guilty of a misdemeanor.

The Act allows the Governor to declare a state of disaster or a state of emergency. The Act also allows the Governor to take certain actions specified in the Act after declaring a state of disaster or a state of emergency.

A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the Governor under the Act is guilty of a misdemeanor. Instead, under the bill, a person who willfully disobeyed or interfered with the implementation of a rule, order, or directive would be responsible for a civil infraction even if that rule, order, or directive stated that the violation constituted a misdemeanor or a civil infraction. An individual responsible for a civil infraction could be ordered to pay a maximum civil fine of $100. A person other than an individual who was responsible for a civil infraction could be ordered to pay a maximum civil fine of $500. (Currently, a violation is punishable by a maximum fine of $500 or up to 90 days in jail, or both.)

(The Act defines "person" as an individual, partnership, corporation, association, governmental entity, or any other entity.)

MCL 30.405                                                          Legislative Analyst:  Stephen Jackson

FISCAL IMPACT

New civil infractions under the bill's provisions could increase resource demands on law enforcement to issue citations for those infractions; however, it is unknown how many people would be cited. Any additional revenue from imposed civil fines would go to local libraries. Also, costs for local units of government could be reduced as a result of fewer incarcerations. The estimated savings is indeterminate and would depend on the actual number of reductions in incarcerations that occurred as a result of this change.

Date Completed:  5-19-20                                                   Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.