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Ex. DUT-MI-012 Standing duty Primary source read

MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler's notes

Emergency Powers of the Governor Act, 1945 PA 302: the statutory basis and misdemeanor penalty of the Governor's 2020 orders; held an unconstitutional delegation Oct. 2, 2020; repealed effective Mar. 30, 2022

Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77) · Michigan (State)

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The record

Jurisdiction
Michigan
Level
State
Authority
Const. 1963, art. 2, sec. 9 (initiative petition adopted by the Legislature July 15 and 21, 2021)
Issued
2021-07-21 July 21, 2021
Effective
1945 (read as 2021-07-21)
End
Held an unconstitutional delegation of legislative power by the Michigan Supreme Court on October 2, 2020 (Ex. MI-049), with immediate effect (Ex. MI-053); repealed effective March 30, 2022
In force
July 21, 2021 (no end date recorded; counted as in force for 120 days)
Quarters
2020 Q22020 Q32020 Q4
Limitation types
Emergency declarationStanding duty
Addressees
  • persons generally
Character
statutory framework
Collection
Standing duties: Michigan DUT-MI

Operative words

10.31-10.33 Repealed. 2021, Act 77, Eff. Mar. 30, 2022.

Penalty

Misdemeanor (MCL 10.33), recited in every executive order of March 10 to October 2, 2020

What it required

Until October 2, 2020, authorized the Governor to 'promulgate reasonable orders, rules, and regulations as he or she considers necessary to protect life and property,' including 'designation of specific zones within the area in which occupancy and use of buildings and ingress and egress of persons and vehicles may be prohibited or regulated' (MCL 10.31(1), as quoted in Ex. MI-049 at 14), and made 'the violation of any such orders, rules and regulations made in conformity with this act... punishable as a misdemeanor, where such order, rule or regulation states that the violation thereof shall constitute a misdemeanor' (MCL 10.33, as quoted in Ex. MI-049 at 14 n.10); every 2020 executive order so stated. Character as recorded: statutory_framework (Emergency Powers of the Governor Act, repealed 2021 PA 77; 2020 text verified via Ex. MI-049; order_penalty layer).

Retrieval note

The exhibit is the official compiled-laws entry recording the repeal and the initiative's adoption dates; the operative 2020 text of MCL 10.31 and 10.33 is verified from the Supreme Court's quotation of it in Ex. MI-049 at 14 and n.10 (verified_primary for the quoted words). The in_force_quarters entry records the quarters in which the Act was the recited basis of orders in force (through October 2, 2020, in 2020 Q4); the Act remained in the compiled laws through 2021 Q3 but supported no order after October 2, 2020. The 2020 orders' compulsory force in 2020 Q2 and Q3 is a historical fact independent of the later holding: they were enforced, and both 2020 liability shields measure compliance by instruments 'that had not been denied legal effect at the time of the conduct' (Exs. MI-056 sec. 5; DUT-MI-015).