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

Mich. Comp. Laws § 30.403 (2026)

Responsibility of governor; executive orders, proclamations, and directives; declaration, duration, and termination of state of disaster or state of emergency; contents and dissemination of executive order or proclamation.

✓ current as of July 2026
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EMERGENCY MANAGEMENT ACT


Act 390 of 1976


30.403 Responsibility of governor; executive orders, proclamations, and directives; declaration, duration, and termination of state of disaster or state of emergency; contents and dissemination of executive order or proclamation.

Sec. 3.

    (1) The governor is responsible for coping with dangers to this state or the people of this state presented by a disaster or emergency.

    (2) The governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this act. Except as provided in section 7(2), an executive order, proclamation, or directive may be amended or rescinded by the governor.

    (3) The governor shall, by executive order or proclamation, declare a state of disaster if he or she finds a disaster has occurred or the threat of a disaster exists. The state of disaster shall continue until the governor finds that the threat or danger has passed, the disaster has been dealt with to the extent that disaster conditions no longer exist, or until the declared state of disaster has been in effect for 28 days. After 28 days, the governor shall issue an executive order or proclamation declaring the state of disaster terminated, unless a request by the governor for an extension of the state of disaster for a specific number of days is approved by resolution of both houses of the legislature. An executive order or proclamation issued pursuant to this subsection shall indicate the nature of the disaster, the area or areas threatened, the conditions causing the disaster, and the conditions permitting the termination of the state of disaster. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall be promptly filed with the emergency management division of the department and the secretary of state, unless circumstances attendant upon the disaster prevent or impede its prompt filing.

    (4) The governor shall, by executive order or proclamation, declare a state of emergency if he or she finds that an emergency has occurred or that the threat of an emergency exists. The state of emergency shall continue until the governor finds that the threat or danger has passed, the emergency has been dealt with to the extent that emergency conditions no longer exist, or until the declared state of emergency has been in effect for 28 days. After 28 days, the governor shall issue an executive order or proclamation declaring the state of emergency terminated, unless a request by the governor for an extension of the state of emergency for a specific number of days is approved by resolution of both houses of the legislature. An executive order or proclamation issued pursuant to this subsection shall indicate the nature of the emergency, the area or areas threatened, the conditions causing the emergency, and the conditions permitting the termination of the state of emergency. An executive order or proclamation shall be disseminated promptly by means calculated to bring its contents to the attention of the general public and shall be promptly filed with the emergency management division of the department and the secretary of state, unless circumstances attendant upon the emergency prevent or impede its prompt filing.

History: 1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990 ;-- Am. 2002, Act 132, Eff. May 1, 2002

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2020–2024 · leading case: House of Representatives v. Governor (Mich. Ct. App. 2020).
Sort: Relevance Newest Treatment
House of Representatives v. Governor (Mich. Ct. App. 2020). · cites it 9× “” Thus, the text is clear that the governor’s authority to take certain actions has as a prerequisite the declaration of a state of disaster or emergency, but that those powers are distinct from, although they are triggered by, the declaration itself.”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). · cites it 7× “6 MCL 30.403 of the EMA provides, in pertinent part: (3) The governor shall, by executive order or proclamation, declare a state of disaster if he or she finds a disaster has occurred or the threat of a disaster exists.”
House of Representatives v. Governor (Mich. Ct. App. 2020). · cites it 4× “[MCL 30.403 (emphasis added).] As reflected in MCL 30.”
House of Representatives v. Governor (Mich. 2020). · cites it 2× “On the one hand, the Court of Claims ruled that EO 2020-68 was an invalid evasion of the requirement under MCL 30.403(3) and (4) of the Emergency Management Act (EMA), MCL 30.”
Kenneth Thompson v. Gretchen Whitmer (6th Cir. 2022). “Management Act of 1976, see Mich. Comp. Laws § 30.403 (3)–(4), and the Emergency Powers of the Governor Act of 1945, see id.”
Drake Snell v. Tim Walz, Governor of Minnesota, in his Off. capacity, ..., 6 N.W.3d 458 (Minn. 2024). “§ 48-924 (2023) (Kansas); Mich. Comp. Laws § 30.403 (2023) (Michigan); S.”
— Mich. Comp. Laws § 30.403(3) — 4 cases
House of Representatives v. Governor (Mich. Ct. App. 2020). “” Thus, the text is clear that the governor’s authority to take certain actions has as a prerequisite the declaration of a state of disaster or emergency, but that those powers are distinct from, although they are triggered by, the declaration itself.”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “6 MCL 30.403 of the EMA provides, in pertinent part: (3) The governor shall, by executive order or proclamation, declare a state of disaster if he or she finds a disaster has occurred or the threat of a disaster exists.”
House of Representatives v. Governor (Mich. 2020). “On the one hand, the Court of Claims ruled that EO 2020-68 was an invalid evasion of the requirement under MCL 30.403(3) and (4) of the Emergency Management Act (EMA), MCL 30.”
House of Representatives v. Governor (Mich. Ct. App. 2020). “[MCL 30.403 (emphasis added).] As reflected in MCL 30.”
— Mich. Comp. Laws § 30.403(4) — 2 cases
House of Representatives v. Governor (Mich. Ct. App. 2020). “” Thus, the text is clear that the governor’s authority to take certain actions has as a prerequisite the declaration of a state of disaster or emergency, but that those powers are distinct from, although they are triggered by, the declaration itself.”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “6 MCL 30.403 of the EMA provides, in pertinent part: (3) The governor shall, by executive order or proclamation, declare a state of disaster if he or she finds a disaster has occurred or the threat of a disaster exists.”
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