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Ex. DUT-MI-011 Standing duty Primary source read

MCL 30.403, Responsibility of governor; executive orders having the force and effect of law; declaration of state of disaster or emergency

Emergency Management Act sec. 3: the Governor's executive orders, proclamations and directives have 'the force and effect of law'; 28-day declarations

Michigan Legislature (Emergency Management Act, 1976 PA 390) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
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
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally (as addressees of orders having the force of law)
Character
statutory authority
Collection
Standing duties: Michigan DUT-MI

Operative words

The governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this act.

Penalty

MCL 30.405(3) misdemeanor (Ex. DUT-MI-010)

What it required

Gave the Governor's emergency executive orders the force and effect of law and charged the Governor with 'coping with dangers to this state or the people of this state presented by a disaster or emergency' (subsection (1)); a declaration continues 28 days and thereafter only with legislative extension (subsections (3), (4)), the limit the Supreme Court enforced on October 2, 2020 (Ex. MI-049). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

The Legislature extended the EMA declaration once, to April 30, 2020 (SCR 24 of April 7, 2020; see Ex. MI-013). The executive orders of March 10 to April 30, 2020 rested on both Acts; those of May 1 to October 2, 2020 rested on the EPGA and on the Governor's redeclarations under the EMA that the Supreme Court held unauthorized.