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2021 House Bill 4433: Repeal one of two state emergency powers laws
Introduced by Rep. Brad Paquette R-Niles on March 4, 2021
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.   Official Text and Analysis.
Referred to the House Government Operations Committee on March 4, 2021