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Ex. DUT-MI-010 Standing duty Primary source read

MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor

Emergency Management Act sec. 5: control of ingress, egress and 'the occupancy of premises'; misdemeanor for willful disobedience of a gubernatorial rule, order or directive

Michigan Legislature (Emergency Management Act, 1976 PA 390) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Const. 1963, art. 5, sec. 1 (executive power); Emergency Management Act, MCL 30.401-30.421
Issued
1976-12-30 Dec. 30, 1976
Effective
1976-12-30
End
standing (read as 2021-09-30)
In force
Standing since Dec. 30, 1976 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationBusiness closureTravel and quarantineStanding duty
Addressees
  • persons generally, including businesses and operators of premises
Character
order penalty
Collection
Standing duties: Michigan DUT-MI

Operative words

A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.

Penalty

Misdemeanor (MCL 30.405(3)); the general misdemeanor penalty of MCL 750.504 (imprisonment up to 90 days, fine up to $500) applies where no other penalty is provided

What it required

Made willful disobedience of any gubernatorial rule, order or directive issued under the Act a crime, and authorized the Governor, upon a declared disaster or emergency, to 'control ingress and egress to and from a stricken or threatened area, removal of persons within the area, and the occupancy of premises within the area' (subsection (1)(g)) and to 'direct all other actions which are necessary and appropriate under the circumstances' (subsection (1)(j)); every 2020 executive order recited 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor' (Exs. MI-017 sec. 17; MI-031 sec. 19).

Retrieval note

In re Certified Questions (Ex. MI-049) held that the EMA did not authorize the Governor to redeclare or continue the COVID-19 emergency after April 30, 2020 without legislative extension; the Act and its penalty section remain in force.