Bill Text: MI HB5916 | 2019-2020 | 100th Legislature | Introduced
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: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2020-06-25 - Bill Electronically Reproduced 06/24/2020 [HB5916 Detail]
Download: Michigan-2019-HB5916-Introduced.html
HOUSE BILL NO. 5916
June 24, 2020, Introduced by Reps. Steven
Johnson, Hornberger, Slagh, Haadsma and Yaroch and referred to the
Committee on Government Operations.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
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executive order, proclamation, or directive may be amended or rescinded by the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. 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.
