Michigan Compiled Laws
Act 390 of 1976 - Emergency Management Act (30.401 - 30.421)
Section 30.405 - Additional Powers of Governor; Prohibition; Disobeying or Interfering With Rule, Order, or Directive as Misdemeanor.

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 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 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 this section is guilty of a misdemeanor.
History: 1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990 ;-- Am. 2006, Act 545, Imd. Eff. Dec. 29, 2006

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 30 - Civilian Defense

Act 390 of 1976 - Emergency Management Act (30.401 - 30.421)

Section 30.401 - Short Title.

Section 30.402 - Definitions.

Section 30.403 - Responsibility of Governor; Executive Orders, Proclamations, and Directives; Declaration, Duration, and Termination of State of Disaster or State of Emergency; Contents and Dissemination of Executive Order or Proclamation.

Section 30.404 - Effect of Executive Order or Proclamation of State of Disaster or State of Emergency; Federal Assistance; Reciprocal Aid Agreement or Compact; Appropriation.

Section 30.405 - Additional Powers of Governor; Prohibition; Disobeying or Interfering With Rule, Order, or Directive as Misdemeanor.

Section 30.406 - Obligation of Person Within State; Compensation for Services or Property; Record; Claims; Exceptions.

Section 30.407 - Powers and Duties of Director.

Section 30.407a - Emergency Management Division; Establishment; Purpose; Employees; Emergency Management Plan; Grants; Powers of Division; Definition.

Section 30.407b - Stockpiling of Medical Supplies by Department of Health and Human Services; Coordination and Distribution During State of Disaster or State of Emergency; Inventory List; Use of Appropriations; Definitions.

Section 30.408 - Emergency Management Coordinator; Employment or Appointment; Duties; Annexes to Emergency Management Plan; Cooperation of State Agencies.

Section 30.409 - Emergency Management Coordinator; Appointment; Duties; Eligibility.

Section 30.410 - Powers of County and Municipality; Mutual Aid or Reciprocal Aid Agreements or Compacts; Assistance of Emergency Management Coordinator.

Section 30.411 - Powers and Duties of Personnel of Disaster Relief Forces; Liability for Personal Injury or Property Damage; Right to Benefits or Compensation; Disaster Relief Workers; Immunity; Liability and Legal Obligation of Persons Owning or Con...

Section 30.411a - Disaster or Emergency Relief Assistance Provided by State Employee; Unpaid Leave of Absence; Leave of Absence With Pay; Conditions; Limitation.

Section 30.412 - Disaster or Emergency Occurring in County or Municipality; Procedure; Ordinances or Rules.

Section 30.413 - Repealed. 1990, Act 50, Imd. Eff. Apr. 6, 1990.

Section 30.414 - Assessment of Disaster or Emergency; Findings and Recommendations; Notice; Temporary Assistance; Action by Governor.

Section 30.415 - Repealed. 2002, Act 132, Eff. May 1, 2002.

Section 30.416 - Declaration of Emergency or Major Disaster by President; Federal Grants; Agreement Pledging State's Share.

Section 30.417 - Construction of Act.

Section 30.418 - Disaster and Emergency Contingency Fund; Creation; Administration; Accounting; Appropriation; Carrying Forward Unexpended and Unencumbered Funds; Expenditures; Reimbursement; Declaration; Investment.

Section 30.419 - Disaster and Emergency Contingency Fund; Expenditures When Federal Assistance Unavailable; Application for Grant; Resolution; Rules.

Section 30.420 - Repeal of MCL 30.221 to 30.233.

Section 30.421 - Heightened State of Alert; Cause; Powers of Governor; Violation as Misdemeanor; Penalty; Civil Action; Definitions.