MICHIGAN HOUSE BILL NO. 5709
| 2020-04-30 | House | Passed; Given Immediate Effect Roll Call # 192 Yeas 62 Nays 38 Excused 0 Not Voting 9 |
To revise the penalties in one of the two laws that authorize a governor to assume extraordinary powers during an emergency, including the statewide “lockdowns” ordered under the 2020 coronavirus epidemic. The current law makes violations “a misdemeanor,” and the bill would add a “civil infraction” provision and specify fines of either $250 for individuals, and up to $5,000 for businesses or other entities. This bill amends the state’s 1945 emergency declarations law; House Bill 5710 amends a 1976 law to make the same change.
A bill to amend 1976 PA 390, entitled
“Emergency management act,”
by amending section 5 (MCL 30.405), as amended by 2006 PA 545.
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 this state and its political subdivisions, and those of the federal government made available to the this 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 this 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 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 misdemeanorresponsible for a state civil infraction even if that rule, order, or directive states that the violation constitutes a misdemeanor or state civil infraction. An individual who is responsible for a state civil infraction under this section may be ordered to pay a civil fine of not more than $100.00. A person other than an individual who is responsible for a state civil infraction under this section may be ordered to pay a civil fine of not more than $500.00.
Sponsor
Jason Sheppard (district 56)
Categories
State financing and management: other; State financing and management: authorities; Crimes: penalties;
State financing and management; other; penalties for violations of the emergency management act; modify. Amends sec. 5 of 1976 PA 390 (MCL 30.405).
History
(House actions in lowercase, Senate actions in UPPERCASE)
| Date | Journal | Action |
| 4/16/2020 | HJ 32 Pg. 651 | introduced by Representative Jason Sheppard |
| 4/16/2020 | HJ 32 Pg. 651 | read a first time |
| 4/16/2020 | HJ 32 Pg. 651 | referred to Committee on Government Operations |
| 4/24/2020 | HJ 33 Pg. 679 | bill electronically reproduced 04/30/2020 |
| 4/30/2020 | Expected in HJ 36 | rule suspended |
| 4/30/2020 | Expected in HJ 36 | motion to discharge committee approved |
| 4/30/2020 | Expected in HJ 36 | placed on second reading |
| 4/30/2020 | HJ 36 Pg. 698 | read a second time |
| 4/30/2020 | HJ 36 Pg. 698 | amended |
| 4/30/2020 | HJ 36 Pg. 698 | placed on third reading |
| 4/30/2020 | HJ 36 Pg. 698 | placed on immediate passage |
| 4/30/2020 | Expected in HJ 36 | read a third time |
| 4/30/2020 | Expected in HJ 36 | passed; given immediate effect Roll Call # 192 Yeas 62 Nays 38 Excused 0 Not Voting 9 |
| 4/30/2020 | Expected in HJ 36 | transmitted |
- HB5709
- Emergency-Powers-of-Governor-Act-302-of-1945
- The Governor’s Power Under The Emergency Management Act
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