Mich. Comp. Laws » Michigan Compiled Laws / Chapter 30 / Act 390 of 1976
Michigan Compiled Laws

Mich. Comp. Laws § 30.401 (2026)

Short title.

✓ current as of July 2026
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EMERGENCY MANAGEMENT ACT


Act 390 of 1976


30.401 Short title.

Sec. 1.

    This act shall be known and may be cited as the "emergency management act".

History: 1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990

Compiler's Notes:

    For transfer of authority, powers, duties, functions, and responsibilities of the Michigan Emergency Management Advisory Council from the Department of State Police to the Director of State Police, as head of the Department of State Police, and the abolishment of the Michigan Emergency Management Advisory Council, see E.R.O. No. 1993-15, compiled at MCL 28.702 of the Michigan Compiled Laws.

Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 2020–2025 · leading case: in Re Certified Question (Midwest Inst of Health V (Mich. 2020).
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in Re Certified Question (Midwest Inst of Health V (Mich. 2020). · cites it 6× “, and the Emergency Management Act of 1976 (the EMA), MCL 30.401 et seq. On April 1, 2020, she issued EO 2020-33, which declared a “state of emergency” under the EPGA and a “state of emergency” and “state of disaster” under the EMA.”
House of Representatives v. Governor (Mich. 2020). · cites it 5× “403(3) and (4) of the Emergency Management Act (EMA), MCL 30.401 et seq., that the Legislature approve disaster and emergency declarations after 28 days; invalidating EO 2020-68 falls within the terms of MCR 7.”
Bormuth v. Whitmer (E.D. Mich. 2021). · cites it 4× “In the instant motion, Plaintiff claims that the Michigan Supreme Court’s October 2, 2020 decision – which concerned the EMA ( Mich. Comp. Laws §§ 30.401 , et seq.) and the EPGA ( Mich.”
Midwest Inst. of Health, PLLC v. Whitmer (W.D. Mich. 2020). · cites it 2× “31, , or the Emergency Management Act, MCL § 30.401, , Governor Whitmer has the authority after April 30, 2020 to issue or renew any executive orders related to the COVID-19 pandemic.”
Skatemore, Inc. v. Whitmer (W.D. Mich. 2021). · cites it 2× “The Michigan Supreme Court ultimately determined that the EPGA was “an unlawful delegation of legislative power to the executive branch in violation of the Michigan Constitution.” In re Certified Questions, 958 N.”
House of Representatives v. Governor (Mich. Ct. App. 2020). “The Court of Claims additionally concluded, however, that actions taken by the Governor under the Emergency Management Act (EMA), MCL 30.401 et seq., were ultra vires. The Governor has filed a cross-appeal in regard to that ruling and also takes issue with the determination by…”
The Gym 24/7 Fitness LLC v. State of Michigan (Mich. Ct. App. 2022). “We hereby respond to the federal court in the affirmative by choosing to answer the questions the federal court has certified, concluding as follows: first, the Governor did not possess the authority under the Emergency Management Act of 1976 (the EMA), MCL 30.401 et seq., to…”
Matthew Poniewierski v. William Beaumont Hosp. Royal Oak (Mich. Ct. App. 2022). “2020-4, declaring a state of emergency across the state pursuant to the Emergency Management Act, MCL 30.401 et seq., the Emergency Powers of the Governor Act, MCL 10.”
T & v. Assocs. Inc v. Dir. of Health & Human Servs. (Mich. Ct. App. 2023). “The executive orders were issued by the Governor pursuant to the Emergency Management Act of 1976 (the EMA), MCL 30.401 et seq., and the Emergency Powers of the Governor Act of 1945 (the EPGA), MCL 10.”
Bormuth v. Whitmer (E.D. Mich. 2021). “On October 2, 2020, the Michigan Supreme Court determined the following: [F]irst, the Governor did not possess the authority under the Emergency Management Act of 1976 (the EMA), MCL 30.401 et seq., to declare a “state of emergency” or “state of disaster” based on the COVID-19…”
Robert Monroe v. St Joseph Mercy Hosp. Pontiac (Mich. Ct. App. 2025). “-2- Management Act (EMS), MCL 30.401, et seq.3 On March 29, 2020, Governor Whitmer issued Executive Order 2020-30, which included the following provision: Consistent with MCL 30.”
Est. of John Edward Rogers v. McLaren MacOmb (Mich. Ct. App. 2025). “411(4),[1] any licensed health care professional or designated health care facility that provides medical services in support of this state’s response to the COVID-19 pandemic is not liable for an injury sustained by a person by reason of those services, regardless of how or…”
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