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Wednesday, December 25, 2024

Law Whitmer used for indefinite emergency powers rarely used in the past

Gretchen

Gov. Gretchen Whitmer | stock photo

Gov. Gretchen Whitmer | stock photo

In the ongoing debate around the appropriate use of emergency powers, Michigan Capitol Confidential recently discovered that the 1945 law Gov. Gretchen Whitmer cited in declaring emergency powers has only been used once before in the last 43 years.

A Michigan State Police analysis of emergency laws reveals that the last time the law was called into effect was 1985, when then-Gov. James Blanchard declared a state of emergency that only affected 13 of the state’s 83 counties in response to a winter ice storm.

While the 1945 law, the Emergency Power Of Governor Act, Public Act 302 of 1945, places no limit on the length of time a governor can maintain a state of emergency, the Michigan Legislature passed another law in 1976 that does have limitations.

The Emergency Management Act, 1976 PA 390, requires legislative approval to extend a state of emergency past 28 days, and has been used by governors 83 times in its history, according to Michigan Capitol Confidential.

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