July 20, 2005, Introduced by Reps. Green, Gosselin, Nofs, Lemmons, Jr., Hansen, Newell, Gaffney, Mortimer, Stewart and Lemmons, III and referred to the Committee on Employment Relations, Training, and Safety.
A bill to amend 1976 PA 390, entitled
"Emergency management act,"
by amending section 6 (MCL 30.406), as amended by 1990 PA 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 this 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 in this act
are exceeded in a particular case and only if the claimant has not
volunteered his or her services or property without compensation.
(2) Unless specifically prohibited by the civil service
commission, a state employee skilled in emergency assistance may
take a leave of absence from his or her employment to provide
disaster or emergency relief assistance in this state. This state
shall not penalize or otherwise take adverse action against a state
employee who takes a leave of absence authorized under this section
to provide disaster or emergency relief assistance.
(3)
(2) Personal services may shall
not be compensated by
the
this state, or a subdivision
or agency of the this state,
except pursuant to statute, local law, or ordinance.
(4)
(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.
(5)
(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.
(6)
(5) If a claimant refuses to accept the amount of
compensation
offered by the this state, a claim may be filed in
the
state court of claims, which court shall have has
exclusive
jurisdiction to determine the amount of compensation due the owner.
(7)
(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.