reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 138 of 1998 - Hazardous Materials Transportation Act (29.471 - 29.480) › Section 29.477 - Inspection or Examination of Motor Vehicle or Facility; Reproduction of Evidentiary Material; Enforcement; Compliance; Violation; Penalty; Deposit of Collected Fines.

29.477 Inspection or examination of motor vehicle or facility; reproduction of evidentiary material; enforcement; compliance; violation; penalty; deposit of collected fines.
Sec. 7.
(1) The department or the department of state police may inspect or examine any motor vehicle or facility operated by a motor carrier, or conduct investigations, audits, or compliance reviews as necessary to determine compliance with this act and the uniform program, or to determine eligibility for registration or permitting under this act and the uniform program.
(2) The department or the department of state police may inspect and electronically reproduce any papers, books, records, documents, or other evidentiary material necessary to determine if a motor carrier is complying with this act and the uniform program, or to determine eligibility for registration or permitting under this act and the uniform program.
(3) The department, the department of state police, a local law enforcement agency, or the department of natural resources may enforce this act.
(4) Motor carriers under the jurisdiction of this act shall comply with all applicable provisions of the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22, and all applicable provisions of the natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to 324.90106, as well as any other applicable requirements of law.
(5) A person who violates this act is responsible for a state civil infraction and shall be fined not more than $2,500.00. Fines collected pursuant to this act shall be deposited into the fund.
History:
1998, Act 138, Eff. Sept. 1, 1998
Compiler's Notes:
For transfer of powers and duties of department of natural resources to department of natural resources and environment, and abolishment of department of natural resources, see E.R.O. No. 2009-31, compiled at MCL 324.99919.
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 138 of 1998 - Hazardous Materials Transportation Act (29.471 - 29.480) › Section 29.478 - Validity of Registration; Application for Renewal; Fee; Annual Certification of Compliance; Notice of Change in Name, Principal Place of Business, or Business Telephone Number.

29.478 Validity of registration; application for renewal; fee; annual certification of compliance; notice of change in name, principal place of business, or business telephone number.
Sec. 8.
(1) A registration issued under this act is valid for 1 year from the date a notice of registration form is issued and a permit issued under this act is valid for 3 years from the date issued or until a motor carrier fails to renew its registration, whichever occurs first. Application for renewal of a registration or permit shall be made at least 90 days prior to expiration. The fee for renewal shall be the same for an original registration or permit.
(2) A motor carrier with a valid permit shall annually certify that its current operations are not substantially different from its operations on the date the motor carrier obtained its permit and shall annually certify its compliance with all applicable laws and regulations in its application for renewal. Failure to comply with the certifications in part II of the uniform program is prohibited.
(3) A motor carrier whose name, principal place of business, or business telephone number has changed during the time a notice of registration or permit is effective shall notify the department of the change by submitting an amended registration or permit statement no later than 30 days after the change. Upon receipt, the department shall issue an amended notice of registration form or permit. The department shall not charge a fee for a change made under this subsection.
History:
1998, Act 138, Eff. Sept. 1, 1998
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 138 of 1998 - Hazardous Materials Transportation Act (29.471 - 29.480) › Section 29.480 - Preemption of Local Programs; Motor Vehicles Not Subject to Act; Completion of Uniform Application; Information as Private Data; Release of Information.

29.480 Preemption of local programs; motor vehicles not subject to act; completion of uniform application; information as private data; release of information.
Sec. 10.
(1) This act preempts and supersedes hazardous materials transportation registration or permitting programs administered by any city, village, township, county, or other political subdivision of this state.
(2) Motor vehicles owned and operated by a local, state, or federal government, or any other political subdivision, are not subject to this act.
(3) A motor carrier that holds a valid permit in compliance with part 111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11101 to 324.11152, on the effective date of this act, shall, upon expiration of that permit, submit a completed uniform application to the department.
(4) The following data submitted on a uniform application pursuant to this act are private data and not subject to the provisions of the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246:
(a) Information related to a motor carrier's customers and service provided to specific customers.
(b) Financial balance sheet and income statement data.
(c) Ownership and debt liability data.
(d) Information related to a motor carrier's parent companies, affiliates, and subsidiaries.
(5) Notwithstanding subsection (4), for the purposes of administering the uniform program, the department may release any information on individuals or motor carriers to the United States department of transportation, any other participating state or state agency, or to the national repository established under the uniform program.
History:
1998, Act 138, Eff. Sept. 1, 1998
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.491 - Short Title.

***** 29.491 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.491 Short title.
Sec. 1.
This act shall be known and may be cited as the "fire safety standard and firefighter protection act".
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.493 - Definitions.

***** 29.493 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.493 Definitions.
Sec. 3.
As used in this act:
(a) "Agent" means a stamping agent, as defined in section 2 of the tobacco products tax act, MCL 205.422.
(b) "ASTM" means ASTM international, formerly the American society for testing and materials.
(c) "Cigarette" means that term as defined in section 2 of the tobacco products tax act, MCL 205.422.
(d) "Department" means the department of energy, labor, and economic growth.
(e) "Director" means the director of the department.
(f) "Manufacturer" means any of the following:
(i) A manufacturer as defined in section 2 of the tobacco products tax act, MCL 205.422.
(ii) The first purchaser of gray market cigarettes, as that term is defined in section 2 of the tobacco products tax act, MCL 205.422, if that purchaser intends to resell the cigarettes in the United States.
(iii) A successor to a person described in subparagraph (i) or (ii).
(g) "New York fire safety standards for cigarettes" means the New York executive law, section 156-c, and the New York fire safety standards for cigarettes, New York compilation of codes, rules, and regulations, title 19, sections 429.1 to 429.10.
(h) "Quality control and quality assurance program" means laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing of cigarettes and ensure that testing repeatability remains within the required repeatability values stated in section 5(2)(g) for all test trials used to certify cigarettes under this act.
(i) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95% of the time.
(j) "Retail dealer" means a retailer, as that term is defined in section 2 of the tobacco products tax act, MCL 205.422.
(k) "Sale" means that term as defined in section 2 of the tobacco products tax act, MCL 205.422.
(l) "Secondary wholesaler" means that term as defined in section 2 of the tobacco products tax act, MCL 205.422.
(m) "Sell" means to sell or to offer or agree to sell.
(n) "Tobacco products tax act" means the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436.
(o) "Unclassified acquirer" means that term as defined in section 2 of the tobacco products tax act, MCL 205.422.
(p) "Wholesale dealer" means a wholesaler, as that term is defined in section 2 of the tobacco products tax act, MCL 205.422.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.497 - Certification or Recertification.

***** 29.497 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.497 Certification or recertification.
Sec. 7.
(1) A manufacturer shall certify cigarettes for the purposes of this act by submitting a written certification to the department attesting that each cigarette listed in the certification has been tested in compliance with section 5 and that each cigarette listed in the certification meets the performance standard described in section 5(3).
(2) A manufacturer shall include in the certification described in subsection (1) all of the following information for each cigarette listed in the certification:
(a) Its brand or the trade name on the package.
(b) Its style, such as light or ultra light.
(c) Its length in millimeters.
(d) Its circumference in millimeters.
(e) Its flavor, such as menthol or chocolate, if applicable.
(f) Whether it is a filter or nonfilter cigarette.
(g) A package description, such as soft pack or box.
(h) The package markings under section 11.
(i) If it is a person other than the manufacturer, the name, address, and telephone number of the laboratory that conducted the test of the cigarette.
(j) The date that the testing of the cigarette occurred.
(3) The department shall make the certifications submitted to it under subsection (1) available to the attorney general and the department of treasury for the purpose of ensuring compliance with this act or any other purpose consistent with this act.
(4) A manufacturer must recertify any cigarette certified under this section every 3 years.
(5) If a manufacturer makes a change to a cigarette certified pursuant to this section that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this act, a person shall not sell that cigarette in this state until the manufacturer retests the cigarette under section 5 and maintains records of that retesting as required under section 5(8). A person shall not sell in this state an altered cigarette that does not meet the performance standard described in section 5(3).
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.499 - Fees; Fire Safety Standard and Firefighter Protection Act Enforcement Fund.

***** 29.499 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.499 Fees; fire safety standard and firefighter protection act enforcement fund.
Sec. 9.
(1) At the time it submits a written certification or recertification under section 7, a manufacturer shall pay to the department a fee of $1,250.00 for each brand family of cigarette listed in the certification. A fee paid for a brand family under this subsection applies to all cigarettes within the brand family listed in the certification and to any new cigarette in that brand family certified during the 3-year certification period for which the fee is paid.
(2) The fire safety standard and firefighter protection act enforcement fund is created within the state treasury. The department shall deposit fees paid under this section into the fund. The state treasurer may receive money or other assets from any other source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The department shall be the administrator of the fund for auditing purposes. The department shall expend money from the fund, upon appropriation, only for processing, testing, enforcement, and oversight activities under this act.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.505 - Rules.

***** 29.505 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.505 Rules.
Sec. 15.
The department may promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, necessary to implement and enforce this act.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.507 - Examination of Books, Papers, Invoices, and Other Records.

***** 29.507 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.507 Examination of books, papers, invoices, and other records.
Sec. 17.
To enforce the provisions of this act, the attorney general, the department of treasury, the department, or their duly authorized representatives; the state fire marshal; the commanding officer, or a uniformed firefighter acting under the orders and direction of the commanding officer, of the fire department of a city, village, township, or county; or any law enforcement personnel may examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale and the stock of cigarettes on the premises. Every person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale must give the attorney general, the department of treasury, the department, or their duly authorized representatives; the state fire marshal; the commanding officer, or a uniformed firefighter acting under the orders and direction of the commanding officer, of the fire department of a city, village, township, or county; or any law enforcement personnel the means, facilities, and opportunity to conduct the examinations authorized under this section.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.509 - Exception.

***** 29.509 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.509 Exception.
Sec. 19.
This act does not prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of section 5 if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person has taken reasonable steps to ensure that those cigarettes will not be sold or offered for sale to persons located in this state.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.511 - Repeal of Act; Conditions.

***** 29.511 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.511 Repeal of act; conditions.
Sec. 21.
This act is repealed on the date that the director notifies the secretary of state in writing that a federal reduced cigarette ignition propensity standard that preempts this act has been adopted and is in effect.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 29 - Fire Prevention › Act 56 of 2009 - Fire Safety Standard and Firefighter Protection Act (29.491 - 29.513) › Section 29.513 - Adoption or Enforcement of Local Law, Ordinance, Resolution, or Rule; Conflict.

***** 29.513 THIS SECTION IS REPEALED BY ACT 56 OF 2009 ON THE DATE THAT THE DIRECTOR NOTIFIES THE SECRETARY OF STATE IN WRITING THAT A FEDERAL REDUCED CIGARETTE IGNITION PROPENSITY STANDARD THAT PREEMPTS THIS ACT HAS BEEN ADOPTED AND IS IN EFFECT: See 29.511 *****
29.513 Adoption or enforcement of local law, ordinance, resolution, or rule; conflict.
Sec. 23.
A city, county, township, or village may not adopt or enforce a local law, ordinance, resolution, or rule that duplicates, extends, revises, or conflicts with any provision of this act or purports to regulate the subject matter of this act.
History:
2009, Act 56, Eff. Jan. 1, 2010
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - Act 83 of 1943 - Michigan Civil Defense Act (30.1 - 30.19)

MICHIGAN CIVIL DEFENSE ACT
Act 83 of 1943
30.1-30.19 Repealed. 1952, Act 201, Imd. Eff. Apr. 29, 1952;—1953, Act 154, Imd. Eff. June 2, 1953.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - Act 10 of 1942 (1st Ex. Sess.) - Blackouts and Air Raid Protection (30.21 - 30.23)

BLACKOUTS AND AIR RAID PROTECTION
Act 10 of 1942 (1st Ex. Sess.)
30.21-30.23 Repealed. 1962, Act 81, Eff. Mar. 28, 1963.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - Act 13 of 1942 (1st Ex. Sess.) - Traffic, Blackouts, and Air Raids (30.31 - 30.41)

TRAFFIC, BLACKOUTS, AND AIR RAIDS
Act 13 of 1942 (1st Ex. Sess.)
30.31-30.41 Repealed. 1962, Act 81, Eff. Mar. 28, 1963.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - Act 14 of 1942 (1st Ex. Sess.) - Protection of State Property (30.71 - 30.73)

PROTECTION OF STATE PROPERTY
Act 14 of 1942 (1st Ex. Sess.)
30.71-30.73 Repealed. 1962, Act 81, Eff. Mar. 28, 1963.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - Act 39 of 1950 (Ex. Sess.) - Security Investigation Division (30.101 - 30.105)

SECURITY INVESTIGATION DIVISION
Act 39 of 1950 (Ex. Sess.)
30.101-30.105 Repealed. 1978, Act 571, Imd. Eff. Jan. 2, 1979.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - Act 43 of 1950 (Ex. Sess.) - Blood Typing Program (30.151 - 30.153)

BLOOD TYPING PROGRAM
Act 43 of 1950 (Ex. Sess.)
30.151-30.153 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 203 of 1951 - Civilian Defense (30.201 - 30.204) › Section 30.201-30.203 - Repealed. 1953, Act 154, Imd. Eff. June 2, 1953.

30.201-30.203 Repealed. 1953, Act 154, Imd. Eff. June 2, 1953.
Compiler's Notes:
The repealed sections authorized regional defense areas and acceptance by the governor of grants, services, and equipment for civil defense.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 203 of 1951 - Civilian Defense (30.201 - 30.204) › Section 30.204 - Civilian Defense Organization; Persons Prohibited From Employment; Loyalty Oath, Form.

30.204 Civilian defense organization; persons prohibited from employment; loyalty oath, form.
Sec. 4.
No person shall be employed or associated in any capacity in any civilian defense organization established under this act who advocates a change by force or violence in the constitutional form of the government of the United States or in this state or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization for civilian defense shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this state, which oath shall be substantially as follows:
"I, ............................., do solemnly swear (or affirm) that I will support and defend the constitution of the United States and the constitution of the state of Michigan, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
"And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the (name of civilian defense organization) I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence."
History:
1951, Act 203, Imd. Eff. June 14, 1951
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 236 of 1962 - Gifts or Grants for Civilian Defense; Transfer of Powers and Duties (30.309 - 30.310a) › Section 30.309 - Gift or Grant for Civil Defense; Control of Fund, Appropriation.

30.309 Gift or grant for civil defense; control of fund, appropriation.
Sec. 9.
The governor of the state of Michigan is hereby authorized to accept on behalf of the state any gift or grant offered to it by a county, city, village or from any local civilian defense council and to take appropriate action to the end that such funds shall be used in accordance with the terms and conditions of the gift or grant.
A gift or grant which may be made for the purpose of providing a fund with which to match contributions of federal funds available for the acquisition of civilian defense organizational equipment and protective facilities shall constitute a fund which is hereby declared to be the source which the state of Michigan may lawfully devote to the purpose of matching said federal contributions. All gifts or grants so received shall be promptly forwarded to the state treasurer and credited to the general fund and shall be deposited by him in the state treasury, to be disbursed in accordance with the provisions of this act upon approval of release of the appropriation by the state director of civil defense, subject to the approval of the state administrative board.
The state director of civil defense is designated as the official responsible for the general supervisory control of the fund herein established and is authorized to take such steps, subject to the approval of the administrative board, as may be necessary to make federal funds available for the acquisition of civilian defense organizational equipment and for shelters and other protective facilities.
The fund hereby created is hereby appropriated, subject to the approval of the state administrative board for the purposes stipulated in the several gifts or grants whereby the same was accumulated and such federal contributions as may be received are hereby appropriated for the purposes for which granted.
History:
1962, Act 236, Imd. Eff. July 17, 1962
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 236 of 1962 - Gifts or Grants for Civilian Defense; Transfer of Powers and Duties (30.309 - 30.310a) › Section 30.310a - Civil Defense Appropriation; Allotment Prior to Executive Reorganization.

30.310a Civil defense appropriation; allotment prior to executive reorganization.
Sec. 10a.
Notwithstanding the provisions of Act No. 125 of the Public Acts of 1958, executive reorganization plan No. 1 of 1962 may be effective by executive order not later than August 1, 1962 and until that date the controller of the department of administration is authorized to allot from the appropriations made in section 1 of this act to the Michigan state police for civil defense purposes such amount as is necessary to operate the Michigan office of civil defense.
History:
1962, Act 236, Imd. Eff. July 17, 1962
Compiler's Notes:
Act 125 of 1958, referred to in this section, was repealed by Act 237 of 1968.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Repealed - E.R.O. No. 1962-1 - Executive Reorganization Order (30.321 - 30.326)

EXECUTIVE REORGANIZATION ORDER
E.R.O. No. 1962-1
30.321-30.326 Repealed. 1964, Act 257, Imd. Eff. June 1, 1964.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.401 - Short Title.

30.401 Short title.
Sec. 1.
This act shall be known and may be cited as the "emergency management act".
History:
1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Michigan Emergency Management Advisory Council from the Department of State Police to the Director of State Police, as head of the Department of State Police, and the abolishment of the Michigan Emergency Management Advisory Council, see E.R.O. No. 1993-15, compiled at MCL 28.702 of the Michigan Compiled Laws.
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › 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.

30.404 Effect of executive order or proclamation of state of disaster or state of emergency; federal assistance; reciprocal aid agreement or compact; appropriation.
Sec. 4.
(1) An executive order or proclamation of a state of disaster or a state of emergency shall serve to authorize the deployment and use of any forces to which the plan or plans apply and the use or distribution of supplies, equipment, materials, or facilities assembled or stockpiled pursuant to this act.
(2) Upon declaring a state of disaster or a state of emergency, the governor may seek and accept assistance, either financial or otherwise, from the federal government, pursuant to federal law or regulation.
(3) The governor may, with the approval of the state administrative board, enter into a reciprocal aid agreement or compact with another state, the federal government, or a neighboring state or province of a foreign country. A reciprocal aid agreement shall be limited to the furnishing or exchange of food, clothing, medicine, and other supplies; engineering services; emergency housing; police services; the services of the national guard when not mobilized for federal service or state defense force as authorized by the Michigan military act, Act No. 150 of the Public Acts of 1967, as amended, being sections 32.501 to 32.851 of the Michigan Compiled Laws, and subject to federal limitations on the crossing of national boundaries by organized military forces; health, medical, and related services; fire fighting, rescue, transportation, and construction services and equipment; personnel necessary to provide or conduct these services; and other necessary equipment, facilities, and services. A reciprocal aid agreement shall specify terms for the reimbursement of costs and expenses and conditions necessary for activating the agreement. The legislature shall appropriate funds to implement a reciprocal aid agreement.
History:
1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › 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.

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
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.406 - Obligation of Person Within State; Compensation for Services or Property; Record; Claims; Exceptions.

30.406 Obligation of person within state; compensation for services or property; record; claims; exceptions.
Sec. 6.
(1) All persons within this state shall conduct themselves and manage their affairs and property in ways that will reasonably assist and will not unreasonably detract from the ability of the state and the public to cope with the effects of a disaster or an emergency. This obligation includes appropriate personal service and the use or restriction of the use of property in time of a disaster or an emergency. This act neither increases nor decreases these obligations but recognizes their existence under the state constitution of 1963, the statutes, and the common law. Compensation for services or for the taking or use of property shall be paid only if obligations recognized herein are exceeded in a particular case and only if the claimant has not volunteered his or her services or property without compensation.
(2) Personal services may not be compensated by the state, or a subdivision or agency of the state, except pursuant to statute, local law, or ordinance.
(3) Compensation for property shall be paid only if the property is taken or otherwise used in coping with a disaster or emergency and its use or destruction is ordered by the governor or the director. A record of all property taken or otherwise used under this act shall be made and promptly transmitted to the office of the governor.
(4) A person claiming compensation for the use, damage, loss, or destruction of property under this act shall file a claim with the emergency management division of the department in the form and manner prescribed by the division.
(5) If a claimant refuses to accept the amount of compensation offered by the state, a claim may be filed in the state court of claims which court shall have exclusive jurisdiction to determine the amount of compensation due the owner.
(6) This section does not apply to or authorize compensation for either of the following:
(a) The destruction or damaging of standing timber or other property to provide a firebreak.
(b) The release of waters or the breach of impoundments to reduce pressure or other danger from actual or threatened flood.
History:
1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.407 - Powers and Duties of Director.

30.407 Powers and duties of director.
Sec. 7.
(1) The director shall implement the orders and directives of the governor in the event of a disaster or an emergency and shall coordinate all federal, state, county, and municipal disaster prevention, mitigation, relief, and recovery operations within this state. At the specific direction of the governor, the director shall assume complete command of all disaster relief, mitigation, and recovery forces, except the national guard or state defense force, if it appears that this action is absolutely necessary for an effective effort.
(2) If the governor has issued a proclamation, executive order, or directive under section 3 regarding state of disaster or state of emergency declarations, section 5 regarding actions directed by the governor, or section 21 regarding heightened state of alert, the director may, with the concurrence of the governor, amend the proclamation or directive by adding additional counties or municipalities or terminating the orders and restrictions as considered necessary.
(3) The director shall comply with the applicable provisions of the Michigan emergency management plan in the performance of the director's duties under this act.
(4) The director's powers and duties shall include the administration of state and federal disaster relief funds and money; the mobilization and direction of state disaster relief forces; the assignment of general missions to the national guard or state defense force activated for active state duty to assist the disaster relief operations; the receipt, screening, and investigation of requests for assistance from county and municipal governmental entities; making recommendations to the governor; and other appropriate actions within the general authority of the director.
(5) In carrying out the director's responsibilities under this act, the director may plan for and utilize the assistance of any volunteer group or person having a pertinent service to render.
(6) The director may issue a directive relieving the donor or supplier of voluntary or private assistance from liability for other than gross negligence in the performance of the assistance.
History:
1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990 ;-- Am. 2002, Act 132, Eff. May 1, 2002
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.407a - Emergency Management Division; Establishment; Purpose; Employees; Emergency Management Plan; Grants; Powers of Division; Definition.

30.407a Emergency management division; establishment; purpose; employees; emergency management plan; grants; powers of division; definition.
Sec. 7a.
(1) The department shall establish an emergency management division for the purpose of coordinating within this state the emergency management activities of county, municipal, state, and federal governments. The department shall provide the division with professional and support employees as necessary for the performance of its functions.
(2) The division shall prepare and maintain a Michigan emergency management plan that is a comprehensive plan that encompasses mitigation, preparedness, response, and recovery for this state.
(3) The division shall receive available state and federal emergency management and disaster related grants-in-aid and shall administer and apportion the grants according to appropriately established guidelines to the agencies of this state and local political subdivisions.
(4) The division may do 1 or more of the following:
(a) Promulgate rules that establish standards and requirements for the appointment, training, and professional development of emergency management coordinators.
(b) Promulgate rules that establish standards and requirements for local and interjurisdictional emergency management programs.
(c) Periodically review local and interjurisdictional emergency operations plans.
(d) Promulgate rules that establish standards and requirements for emergency training and exercising programs and public information programs.
(e) Make surveys of industries, resources, and facilities within this state, both public and private, necessary to carry out the purposes of this act.
(f) Prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters and emergencies.
(g) Provide for 1 or more state emergency operations centers to provide for the coordination of emergency response and disaster recovery in this state.
(h) Provide for the coordination and cooperation of state agencies and departments with federal and local government agencies and departments in emergency management activities.
(i) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this act and in implementing programs for disaster mitigation, preparation, response, and recovery.
(j) Propose and administer statewide mutual aid compacts and agreements.
(k) Do other activities necessary, incidental, or appropriate for the implementation of this act.
(5) For purposes of this section, the judicial branch of this state is considered a department of state government.
(6) As used in this section, "division" means the emergency management division of the department.
History:
Add. 1990, Act 50, Imd. Eff. Apr. 6, 1990 ;-- Am. 2002, Act 132, Eff. May 1, 2002
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.408 - Emergency Management Coordinator; Employment or Appointment; Duties; Annexes to Emergency Management Plan; Cooperation of State Agencies.

30.408 Emergency management coordinator; employment or appointment; duties; annexes to emergency management plan; cooperation of state agencies.
Sec. 8.
(1) The director of each department of state government, and those agencies of state government required by the Michigan emergency management plan to provide an annex to that plan, shall serve as emergency management coordinator for their respective departments or agencies. Each director may appoint or employ a designated representative as emergency management coordinator, provided that the representative shall act for and at the direction of that director while functioning in the capacity of emergency management coordinator upon the activation of the state emergency operations center, or the declaration of a state of disaster or emergency. Each department or agency emergency management coordinator shall act as liaison between his or her department or agency and the emergency management division of the department in all matters of emergency management, including the activation of the Michigan emergency management plan. Each department or agency of state government specified in the Michigan emergency management plan shall prepare and continuously update an annex to the plan providing for the delivery of emergency management activities by that agency or the department. The annexes shall be in a form prescribed by the director. The emergency management coordinator shall represent the agency or department head in the drafting and updating of the respective agency's or the department's emergency management annex and in coordinating the agency's or department's emergency management efforts with those of the other state agencies as well as with county and municipal governments.
(2) Upon the declaration of a state of disaster or a state of emergency by the governor, each state agency shall cooperate to the fullest possible extent with the director in the performance of the services that it is suited to perform, and as described in the Michigan emergency management plan, in the prevention, mitigation, response to, or recovery from the disaster or emergency. For purposes of this section, the judicial branch of this state is considered a department of state government and the chief justice of the Michigan supreme court is considered the director of that department.
History:
1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990 ;-- Am. 2002, Act 132, Eff. May 1, 2002
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.411a - Disaster or Emergency Relief Assistance Provided by State Employee; Unpaid Leave of Absence; Leave of Absence With Pay; Conditions; Limitation.

30.411a Disaster or emergency relief assistance provided by state employee; unpaid leave of absence; leave of absence with pay; conditions; limitation.
Sec. 11a.
(1) A state employee who is not in the state classified civil service and who is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross may be granted an unpaid leave of absence from his or her state employment to provide disaster or emergency relief assistance in this state.
(2) A state employee in the state classified civil service who is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross may be granted a leave of absence from his or her classified employment to provide disaster or emergency relief assistance in this state as authorized by the civil service commission.
(3) In addition to unpaid leave under subsection (1) or (2), an employee of an agency in any branch of state government who is skilled in emergency relief assistance and certified as a disaster services volunteer by the American Red Cross may be granted leave from work with pay for not more than 10 days in any 12-month period to participate in specialized disaster relief services within or outside of this state if all of the following circumstances are present:
(a) The governor or the president of the United States has declared the disaster.
(b) The American Red Cross has requested the services of the employee.
(c) The employee's department head has approved the leave.
(d) If the services are rendered outside the state by an employee in the executive branch, the governor has approved the leave.
(e) If the employee is in the state classified civil service, the civil service commission has approved the leave.
(4) Not more than 50 state employees shall be granted paid leave under subsection (3) during the fiscal year. The governor may increase the limit on the number of state employees who may be granted paid disaster leave during the fiscal year by executive order.
(5) This state shall not penalize or otherwise take adverse employment action against a state employee because the employee takes a leave of absence authorized under this section to provide disaster or emergency relief assistance. However, the state shall recover payment for paid disaster leave from an employee who is granted paid leave under subsection (3) if the employee does not use the leave time for the approved purpose.
History:
Add. 2006, Act 267, Imd. Eff. July 7, 2006
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.412 - Disaster or Emergency Occurring in County or Municipality; Procedure; Ordinances or Rules.

30.412 Disaster or emergency occurring in county or municipality; procedure; ordinances or rules.
Sec. 12.
(1) If a disaster or an emergency occurs in a county or municipality and is beyond the control of local public or private agencies, the chief executive official of the county or municipality may request the governor to declare that a state of disaster or state of emergency exists in the county or municipality, utilizing the procedure set forth in section 14. The director may order the disaster relief forces of a county or municipality to aid the community. The chief executive official of the municipality or the governing body of the county shall comply with the order of the director and cooperate with the director in matters of emergency management.
(2) A county, municipality, or other agency designated or appointed by the governor may make, amend, and rescind ordinances or rules necessary for emergency management purposes and supplementary to a rule, order, or directive issued by the governor or a state agency exercising a power delegated to it by the governor. The ordinance or rule shall be temporary and, upon the governor's declaration that a state of disaster or state of emergency is terminated, shall no longer be in effect.
History:
1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990
2023 Michigan Compiled Laws › Chapter 30 - Civilian Defense › Act 390 of 1976 - Emergency Management Act (30.401 - 30.421) › Section 30.413 - Repealed. 1990, Act 50, Imd. Eff. Apr. 6, 1990.

30.413 Repealed. 1990, Act 50, Imd. Eff. Apr. 6, 1990.
Compiler's Notes:
The repealed section pertained to foreign attack on state.