Introduced
by
To repeal one of the two laws that authorize a governor to assume extraordinary powers during an emergency, including the statewide “lockdowns” ordered under the 2020 coronavirus epidemic. This law (Public Act 302 of 1945) authorizes the governor to impose a curfew, prohibit or regulate occupancy and use of buildings and more. The law places no limit on the duration of a declared emergency. The state’s other emergency powers law (Public Act 390 of 1976) puts a 28 day deadline on a governor’s assumption of emergency powers, after which the legislature must vote to extend it or not. Note: A state Supreme Court ruling in 2020 held that a law authorizing what amounts to unilateral governance for the duration of a governor’s term violates the constitution’s separation of powers three branches of government, the executive, legislature and judiciary.
Referred to the Committee on Government Operations
