Bill Text: MI HB4448 | 2021-2022 | 101st Legislature | Enrolled
Bill Title: State financing and management: other; suspension of freedom of information act requests in an executive order under the emergency management act; prohibit. Amends sec. 3 of 1976 PA 390 (MCL 30.403).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Vetoed) 2021-06-10 - Referred To Messages From Governor [HB4448 Detail]
Download: Michigan-2021-HB4448-Enrolled.html
state of michigan
101st Legislature
Regular session of 2021
Introduced by Reps. Steven Johnson, Slagh, Bezotte, Martin and LaFave
ENROLLED HOUSE BILL No. 4448
AN ACT to amend 1976 PA 390, entitled “An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,” by amending section 3 (MCL 30.403), as amended by 2002 PA 132.
The People of the State of Michigan enact:
Sec. 3. (1) The governor is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency.
(2) The governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this act. Except as provided in section 7(2), an executive order, proclamation, or directive may be amended or rescinded by the governor.
(3) The governor shall, by executive order or proclamation,
declare a state of disaster if he or she finds a disaster has occurred or the
threat of a disaster exists. The state of disaster shall continue until the
governor finds that the threat or danger has passed, the disaster has been
dealt with to the extent that disaster conditions no longer exist, or until the
declared state of disaster has been in effect for 28 days. After 28 days, the
governor shall issue an executive order or proclamation declaring the state of
disaster terminated, unless a request by the governor for an extension of the
state of disaster for a specific number of days is approved by resolution of
both houses of the legislature. An executive order or proclamation issued
pursuant to this subsection shall indicate the nature of the disaster, the area
or areas threatened, the conditions causing the disaster, and the conditions
permitting the termination of the state of disaster. However, an executive order, proclamation, or directive
issued under this act shall not extend any response time or otherwise limit the
scope of a public body’s duties under the freedom of information act, 1976 PA
442, MCL 15.231 to 15.246, unless the public body establishes, by clear and
convincing evidence, a physical inability to comply with those duties as a
direct result of the declared state of disaster or emergency. An executive order or proclamation shall be
disseminated promptly by means calculated to bring its contents to the
attention of the general public and shall be promptly filed with the emergency
management division of the department and the secretary of state, unless
circumstances attendant upon the disaster prevent or impede its prompt filing.
(4) The governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists. The state of emergency shall continue until the governor finds that the threat or danger has passed, the emergency has been dealt with to the extent that emergency conditions no longer exist, or until the declared state of emergency has been in effect for 28 days. After 28 days, the governor shall issue an executive order or proclamation declaring the state of emergency terminated, unless a request by the governor for an extension of the state of emergency for a specific number of days is approved by resolution of both houses of the legislature. An executive order or proclamation issued pursuant to this subsection shall indicate the nature of the emergency, the area or areas threatened, the conditions causing the emergency, and the conditions permitting the termination of the state of emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall be promptly filed with the emergency management division of the department and the secretary of state, unless circumstances attendant upon the emergency prevent or impede its prompt filing.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
