The legislature was formally in session one day this week, during which the only actions were a few new bill introductions. This Roll Call Report describes a package of bicameral Republican bills to amend the laws that authorize assumption by a governor of extraordinary powers during a declared emergency.
Senate Bill 857 and House Bill 5713: Repeal one of two declared emergency powers lawsIntroduced by Sen. Tom Barrett (R) and Rep. Jason Wentworth (R), respectively, 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. This law puts no limit on the duration of a declared emergency; the state’s other emergency powers law (Public Act 390 of 1976) puts a 28 deadline on a governor’s assumption of emergency powers, after which the legislature must vote to extend it or not. Referred to committee, no further action at this time.
Senate Bill 858 and House Bill 5708: Reduce time limit on governor’s emergency powers Introduced by Sen. Tom Barrett (R) and Rep. Jason Sheppard (R), to reduce from 28 days to 14 days the duration of state of disaster or emergency declaration by a governor, at which time the legislature may vote to extend it for a specific number of days. This (Public Act 390 of 1976) is one of two laws that give the governor the authority to assume extraordinary powers during an emergency, including the statewide “lockdowns” ordered under the 2020 coronavirus epidemic.
Senate Bill 859: Prohibit ban on gun and ammo sales during state of emergency Introduced by Sen. Tom Barrett (R), to amend 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. The bill would prohibit a governor from using this law (Public Act 302 of 1945) to ban the sale or purchase of lawfully possessed firearms, ammunition, or other weapons during a declared emergency or disaster. Senate Bill 860 would make the same change in the state’s other emergency powers law (Public Act 390 of 1976). Referred to committee, no further action at this time.
House Bill 5705: Authorize cottage and second-home property tax “holiday” during emergency travel banIntroduced by Rep. Jeff Yaroch (R), to cut property taxes imposed on a cottage or second home that an owner has been barred from visiting by due to travel restrictions issued by Gov. Gretchen Whitmer in Executive Order No. 2020-42. Specifically, the bill would repeal property tax liability for these properties for as long as the travel ban remains in effect. The bill states as the “intent of the legislature” that the state would reimburse local governments for the foregone tax collections. Referred to committee, no further action at this time.
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By Jack McHugh
