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2020 Senate Bill 857: Repeal one of two state emergency powers laws
Introduced by Sen. Tom Barrett (R) on April 16, 2020
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, however; 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. See also Senate Bill 858 and House Bill 5708, which would reduce that to 14 days.   Official Text and Analysis.
Referred to the Senate Government Operations Committee on April 16, 2020
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, however; 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. See also Senate Bill 858, which would reduce that to 14 days.
Received in the House on April 28, 2020
Referred to the House Government Operations Committee on April 28, 2020
Reported in the House on October 13, 2020
Without amendment and with the recommendation that the bill pass.

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