Bill Text: MI HB5646 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Economic development: Michigan strategic fund; emergency powers under the emergency management act; modify to limit the shutdown of food or drink establishments under certain circumstances. Amends secs. 3 & 5 of 1976 PA 390 (MCL 30.403 & 30.405). TIE BAR WITH: HB 5647'24
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-04-24 - Bill Electronically Reproduced 04/23/2024 [HB5646 Detail]
Download: Michigan-2023-HB5646-Introduced.html
HOUSE BILL NO. 5646
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending sections 3 and 5 (MCL 30.403 and 30.405), section 3 as amended by 2002 PA 132 and section 5 as amended by 2006 PA 545.
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 Subject to subsection (5), 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 Except as provided in section 7(2), an executive order, proclamation, or directive may be amended or rescinded by the governor.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 Subject to subsection (5), the governor shall, by executive order or proclamation, declare a state of disaster if he or she the governor finds a disaster has occurred or the threat of a disaster exists. The state of disaster shall continue continues 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 under this subsection shall must 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. An executive order or proclamation shall must be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall must be promptly filed with the emergency management and homeland security division of the department and the secretary of state, unless circumstances attendant upon the disaster prevent or impede its prompt filing.
(4) The Subject to subsection (5), the governor shall, by executive order or proclamation, declare a state of emergency if he or she the governor finds that an emergency has occurred or that the threat of an emergency exists. The state of emergency shall continue continues 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 under this subsection shall must 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 must be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall must be promptly filed with the emergency management and homeland security division of the department and the secretary of state, unless circumstances attendant upon the emergency prevent or impede its prompt filing.
(5) An executive order, proclamation, or directive issued under this act must not shut down a food or drink establishment unless the food or drink establishment is fully reimbursed under the shutdown reimbursement act for revenue lost as a result of the executive order, proclamation, or directive.
(6) As used in this subsection:
(a) "Food or drink establishment" means that term as defined in section 3 of the shutdown reimbursement act.
(b) "Revenue lost" means that term as defined in section 5 of the shutdown reimbursement act.
(c) "Shut down" means that term as defined in section 5 of the shutdown reimbursement act.
Sec. 5. (1) In addition to the general authority granted to the governor by this act, and subject to section 3(5), 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 authorize the suspension of criminal any of the following:
(i) A statute, order, or rule related to criminal process and procedures.
(ii) The shutdown reimbursement act.
(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, explosives, and combustibles.
(i) Provide for the availability and use of temporary emergency housing.
(j) Direct all other actions which that 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) A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to under this section is guilty of a misdemeanor.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5647 (request no. 04356'23) of the 102nd Legislature is enacted into law.
