Bill Text: MI HB5187 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: State financing and management: other; emergency powers relating to firearms when a state of emergency is declared; modify. Amends secs. 3 & 5 of 1976 PA 390 (MCL 30.403 & 30.405).
Spectrum: Partisan Bill (Republican 23-0)
Status: (Engrossed - Dead) 2022-03-15 - Referred To Committee On Government Operations [HB5187 Detail]
Download: Michigan-2021-HB5187-Engrossed.html
HOUSE BILL NO. 5187
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 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 Except as provided in section 7(2), an executive order, proclamation, or directive may be amended or rescinded by the governor.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. 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.
(5) Except as otherwise provided in this section, an executive order, proclamation, or directive issued under this act shall not do any of the following:
(a) Prohibit, regulate, or curtail the otherwise lawful possession, carrying, display, sale, transportation, transfer, defensive use, or other lawful use of any of the following:
(i) A firearm, including any component or accessory of a firearm.
(ii) Ammunition, including any component or accessory of ammunition.
(iii) Ammunition-reloading equipment and supplies.
(iv) A deadly weapon other than a firearm.
(b) Require registration of firearm owners, or of any firearm, including any component or accessory, or ammunition.
(c) Seize, commandeer, or confiscate in any manner, any of the following privately owned items that are possessed, carried, displayed, sold, transferred, transported, stored, or used in connection with otherwise lawful conduct:
(i) A firearm, including any component or accessory of a firearm.
(ii) Ammunition, including any component or accessory of ammunition.
(iii) Ammunition-reloading equipment and supplies.
(iv) A deadly weapon other than a firearm.
(d) Prohibit, suspend, or limit the business operations of any entity engaged in the lawful selling or servicing of a firearm or ammunition, including any components or accessories, ammunition-reloading equipment and supplies, or personal weapons other than firearms.
(e) Prohibit, suspend, or limit the business operations of any indoor or outdoor shooting range, whether located on state lands or not, or any entity engaged in providing firearms safety, firearms training, firearms license qualification or requalification, firearms safety instructor courses, or any similar class, course, or program.
(f) Place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any of the following:
(i) A firearm, including any component or accessory of a firearm.
(ii) Ammunition, including any component or accessory of ammunition.
(iii) Ammunition-reloading equipment and supplies.
(iv) A deadly weapon other than a firearm.
(g) Suspend, restrict, or prohibit otherwise lawful hunting, fishing, or trapping activities or business entities conducting or directly facilitating lawful hunting, trapping, or fishing activities, whether conducted on state lands and waters or not.
(6) A person, group, or entity adversely affected by an executive order, proclamation, directive, or other action enacted or enforced in violation of this section may file an action for damages, injunctive relief, declaratory relief, or other appropriate redress in the court having appropriate subject matter jurisdiction.
(7) In addition to any actual damages awarded against the governor, state agency, political subdivision, or any other elected or appointed official or employee of this state or of a political subdivision, and other relief provided with respect to such an action, the court shall award reasonable court costs and expenses, including litigation costs and attorney fees, to any person, group, or entity that brings the action, regardless of whether the executive order, proclamation, directive, or other action enacted or the manner of its enforcement is repealed or rescinded or expires after the civil action was filed but prior to a final court determination of the action.
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 Except as provided in section 3(5), 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 misdemeanor.
