The COVID Project
The record
- Jurisdiction
- Michigan
- Level
- State
- Authority
- Const. 1963, art. 5, sec. 1 (executive power); Emergency Management Act, MCL 30.401-30.421
- Issued
- 1976-12-30 Dec. 30, 1976
- Effective
- 1976-12-30
- End
- standing (read as 2021-09-30)
- In force
- Standing since Dec. 30, 1976 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationBusiness closureTravel and quarantineStanding duty
- Addressees
- persons generally, including businesses and operators of premises
- Character
- order penalty
- Collection
- Standing duties: Michigan DUT-MI
Operative words
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.
Penalty
Misdemeanor (MCL 30.405(3)); the general misdemeanor penalty of MCL 750.504 (imprisonment up to 90 days, fine up to $500) applies where no other penalty is provided
What it required
Made willful disobedience of any gubernatorial rule, order or directive issued under the Act a crime, and authorized the Governor, upon a declared disaster or emergency, to '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' (subsection (1)(g)) and to 'direct all other actions which are necessary and appropriate under the circumstances' (subsection (1)(j)); every 2020 executive order recited 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor' (Exs. MI-017 sec. 17; MI-031 sec. 19).
Retrieval noteIn re Certified Questions (Ex. MI-049) held that the EMA did not authorize the Governor to redeclare or continue the COVID-19 emergency after April 30, 2020 without legislative extension; the Act and its penalty section remain in force.