Michigan House Bill HB5646

Michigan 2023-2024 Regular Session

• Introduced: 4/23/24
• Refer: 4/23/24

Caption

Economic development: Michigan strategic fund; emergency powers under the emergency management act; modify to limit the shutdown of food or drink establishments under certain circumstances. Amends secs. 3 & 5 of 1976 PA 390 (MCL 30.403 & 30.405). TIE BAR WITH: HB 5647'24

Impact

The proposed changes in HB 5646 signify an important shift in how emergency management strategies are implemented at the state level. By enforcing reimbursement requirements for food establishments, the bill acknowledges the substantial economic burden that shutdowns can impose. It ensures that while the governor maintains broad emergency powers to act swiftly in crisis situations, the financial repercussions for businesses, particularly within the food service sector, must be addressed as part of the emergency management process. This presents a new dynamic for businesses facing operational constraints during emergencies.

Summary

House Bill 5646 proposes amendments to the Emergency Management Act for the state of Michigan, primarily impacting the powers of the governor during declared states of emergency or disaster. The bill allows the governor to suspend regulatory statutes and issue executive orders with the force of law to manage emergencies effectively. However, it modifies existing regulations to limit the shutdown of food or drink establishments, stipulating that such establishments must be reimbursed for any revenue lost as a result of a shutdown directive. This provision aims to protect the food service industry during emergencies, which can often face significant operational hurdles.

Contention

Key points of contention surrounding HB 5646 revolve around the expansion of executive powers. Critics may argue that while the bill offers necessary protections for food establishments, it simultaneously reinforces the governor's authority in a way that could lead to overreach during emergencies. The measures ensuring reimbursement come amidst broader concerns about the balance between executive power and legislative oversight. As such, stakeholders may debate whether the bill appropriately outlines the limitations of executive actions or if it could pave the way for expansive executive control over economic activities in times of crisis.