HOUSE BILL No. 5488


     December 11, 2001, Introduced by Rep. DeWeese 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:

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           Sec. 6.  (1) All persons within this state shall conduct

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      themselves and manage their affairs and property in ways that

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      will reasonably assist and will not unreasonably detract from the

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      ability of  the  THIS state and the public to cope with the

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      effects of a disaster or an emergency.  This obligation includes

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      appropriate personal service and the use or restriction of the

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      use of property in time of a disaster or an emergency.  This act

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      neither increases nor decreases these obligations but recognizes

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      their existence under the state constitution of 1963, the

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      statutes, and the common law.  Compensation for services or for

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      the taking or use of property shall be paid only if obligations


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      recognized  herein  IN THIS ACT are exceeded in a particular case

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      and only if the claimant has not volunteered his or her services

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      or property without compensation.

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           (2) UNLESS SPECIFICALLY PROHIBITED BY THE CIVIL SERVICE COM-

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      MISSION, A STATE EMPLOYEE SKILLED IN EMERGENCY ASSISTANCE MAY

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      TAKE A LEAVE OF ABSENCE FROM HIS OR HER EMPLOYMENT TO PROVIDE

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      DISASTER OR EMERGENCY RELIEF ASSISTANCE IN THIS STATE.  THIS

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      STATE SHALL NOT PENALIZE OR OTHERWISE TAKE ADVERSE ACTION AGAINST

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      A STATE EMPLOYEE WHO TAKES A LEAVE OF ABSENCE AUTHORIZED UNDER

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      THIS SECTION TO PROVIDE DISASTER OR EMERGENCY RELIEF ASSISTANCE.

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           (3)  (2)  Personal services may not be compensated by 
   the

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      THIS state, or a subdivision or agency of  the  THIS state,

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      except pursuant to statute, local law, or ordinance.

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           (4)  (3)  Compensation for property shall be paid only if

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      the property is taken or otherwise used in coping with a disaster

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      or emergency and its use or destruction is ordered by the gover-

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      nor or the director.  A record of all property taken or otherwise

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      used under this act shall be made and promptly transmitted to the

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      office of the governor.

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           (5)  (4)  A person claiming compensation for the use,

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      damage, loss, or destruction of property under this act shall

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      file a claim with the emergency management division of the

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      department in the form and manner prescribed by the division.

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           (6)  (5)  If a claimant refuses to accept the amount of com-

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      pensation offered by  the  THIS state, a claim may be filed in

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      the state court of claims, which  court shall have  HAS exclusive





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      jurisdiction to determine the amount of compensation due the

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      owner.

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           (7)  (6)  This section does not apply to or authorize com-

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      pensation for either of the following:

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           (a) The destruction or damaging of standing timber or other

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      property to provide a firebreak.

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           (b) The release of waters or the breach of impoundments to

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      reduce pressure or other danger from actual or threatened flood.








































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