Western Wayne Today

Michigan legislators want to repeal one of two laws that gives Gov. Gretchen Whitmer the authority to assume emergency powers, and they have introduced a pair of bills to that end, one in the House and one in the Senate.

Sen. Tom Barrett (R-Charlotte) and Rep. Jason Wentworth (R-Farwell) introduced Senate Bill 857 and House Bill 5713 to fully repeal Public Act 302 of 1945, which gives a governor the power to close buildings and public places and enforce a curfew, according to Michigan Capitol Confidential.

The 1945 act does not limit the length of time that a governor can retain emergency powers, and it is one that Whitmer has cited in her executive orders, as her authority to order people to stay in their homes and close businesses.

The second law that Whitmer has cited is Public Act 390 of 1976, which limits a governor’s emergency powers to 28 days and requires legislative approval to extend it. For example, an extension was granted on April 7 to extend Whitmer’s emergency powers until April 30, under this bill.

The repeal bills introduced by Barrett and Wentworth would have to be passed by a majority of both chambers and then signed by Whitmer herself. If the governor vetoes the bill, both houses would need a two-thirds supermajority to override.

Wentworth represents the people of the 97th District of Michigan and was elected in November 2016. His district includes Clare, Gladwin, Arenac, and part of Osceola County, including Evart City, and several townships: Evart, Hersey, Highland, Marion, Middle Branch, Orient, Osceola, Sherman and Sylvan. He is chair of the Select Committee on Reducing Car Insurance Rates, as well as the Legislative Council Committee.