Bill Text: MI SB0958 | 2019-2020 | 100th Legislature | Introduced
Bill Title: State financing and management; other; request to open during a state of emergency closure; allow county to submit. Amends sec. 1 of 1945 PA 302 (MCL 10.31).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-04 - Referred To Committee On Government Operations [SB0958 Detail]
Download: Michigan-2019-SB0958-Introduced.html
SENATE BILL NO. 958
June 04, 2020, Introduced by Senator LASATA and
referred to the Committee on Government Operations.
A bill to amend 1945 PA 302, entitled
"An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties,"
by amending section 1 (MCL 10.31), as amended by 2006 PA 546.
the people of the state of michigan enact:
Sec. 1. (1) During times of great public crisis,
disaster, rioting, catastrophe, or similar public emergency within the state,
or reasonable apprehension of immediate danger of a public emergency of that
kind, when public safety is imperiled, either upon application of the mayor of
a city, the sheriff of a
county, or the commissioner of the Michigan director of the department of state
police or upon his or her own volition, the governor may proclaim a state of
emergency and designate the area involved. After making the proclamation or
declaration, the governor may promulgate reasonable orders, rules, and
regulations as he or she considers necessary to protect life and property or to
bring the emergency situation within the affected area under control. Those
orders, rules, and regulations may include, but are not limited to, providing 1 or more of the following:
(a)
Providing for the control of
traffic, including public and private transportation, within the area or any
section of the area. ; designation
(b)
Designation of specific zones
within the area in which occupancy and use of buildings and ingress and egress
of persons and vehicles may be prohibited or regulated. ; control
(c)
Control of places of amusement and
assembly and of persons on public streets and thoroughfares. ; establishment
(d)
Establishment of a curfew. ; control
(e)
Control of the sale,
transportation, and use of alcoholic beverages and liquors. ; and control
(f)
Control of the storage, use, and
transportation of explosives or inflammable materials or liquids deemed considered to be dangerous to public
safety.
(2) The Except as otherwise provided in this section, the orders,
rules, and regulations promulgated under subsection (1) are effective from the
date and in the manner prescribed in the orders, rules, and regulations and
shall be made public as provided in the orders, rules, and regulations. The
orders, rules, and regulations may be amended, modified, or rescinded, in the
manner in which they were promulgated, from time to time by the governor during
the pendency of the emergency, but shall cease to be in effect upon declaration
by the governor that the emergency no longer exists.
(3) Subsection (1) does
not authorize the seizure, taking, or confiscation of lawfully possessed
firearms, ammunition, or other weapons.
(4) If the governor declares a state of emergency under this section and intends to issue any orders, rules, or regulations under that declaration, the governor shall consider how different counties in this state will be affected and shall consult with public officials and community leaders in each of those counties before issuing that order, rule, or regulation. If any order, rule, or regulation includes a stay-at-home requirement, then a county may petition the governor to release that county from the stay-at-home requirement if the county details in its petition how it will protect the public health in that county.
