2020 Senate Bill 857

Repeal one of two state emergency powers laws

Introduced in the Senate

April 16, 2020

Introduced by Sen. Tom Barrett (R-24)

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.

Referred to the Committee on Government Operations

April 24, 2020

Passed in the Senate 22 to 15 (details)

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.

Received in the House

April 28, 2020

Referred to the Committee on Government Operations

Oct. 13, 2020

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Dec. 18, 2020

Passed in the House 57 to 43 (details)

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.

Vetoed by Gov. Gretchen Whitmer

Dec. 30, 2020