Michigan Compiled Laws

Mich. Comp. Laws § 30.405 (2026)

Additional powers of governor; prohibition; disobeying or interfering with rule, order, or directive as misdemeanor.

✓ current as of July 2026
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EMERGENCY MANAGEMENT ACT


Act 390 of 1976


30.405 Additional powers of governor; prohibition; disobeying or interfering with rule, order, or directive as misdemeanor.

Sec. 5.

    (1) In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or a state of emergency do 1 or more of the following:

    (a) Suspend a regulatory statute, order, or rule prescribing the procedures for conduct of state business, when strict compliance with the statute, order, or rule would prevent, hinder, or delay necessary action in coping with the disaster or emergency. This power does not extend to the suspension of criminal process and procedures.

    (b) Utilize the available resources of the state and its political subdivisions, and those of the federal government made available to the state, as are reasonably necessary to cope with the disaster or emergency.

    (c) Transfer the direction, personnel, or functions of state departments, agencies, or units thereof for the purpose of performing or facilitating emergency management.

    (d) Subject to appropriate compensation, as authorized by the legislature, commandeer or utilize private property necessary to cope with the disaster or emergency.

    (e) Direct and compel the evacuation of all or part of the population from a stricken or threatened area within the state if necessary for the preservation of life or other mitigation, response, or recovery activities.

    (f) Prescribe routes, modes, and destination of transportation in connection with an evacuation.

    (g) Control ingress and egress to and from a stricken or threatened area, removal of persons within the area, and the occupancy of premises within the area.

    (h) Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, explosives, and combustibles.

    (i) Provide for the availability and use of temporary emergency housing.

    (j) Direct all other actions which are necessary and appropriate under the circumstances.

    (2) Subsection (1) does not authorize the seizure, taking, or confiscation of lawfully possessed firearms or ammunition.

    (3) A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.

History: 1976, Act 390, Imd. Eff. Dec. 30, 1976 ;-- Am. 1990, Act 50, Imd. Eff. Apr. 6, 1990 ;-- Am. 2006, Act 545, Imd. Eff. Dec. 29, 2006

Notes of Decisions
Cited in 2 cases, 2020–2020 · leading case: House of Representatives v. Governor (Mich. Ct. App. 2020).
House of Representatives v. Governor (Mich. Ct. App. 2020). · cites it 4× “MCL 30.405 provides that “In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or state of emergency do 1 or more of the following: .”
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “403(3) and (4); MCL 30.405(1)(e) and (g). And that the Governor may promulgate rules that pertain to the “affected area,” to a “section” of the affected area, or to a “specific zone” within the affected area does not indicate that the Governor cannot declare a statewide…”
— Mich. Comp. Laws § 30.405(1)(e) — 1 case
in Re Certified Question (Midwest Inst of Health V (Mich. 2020). “403(3) and (4); MCL 30.405(1)(e) and (g). And that the Governor may promulgate rules that pertain to the “affected area,” to a “section” of the affected area, or to a “specific zone” within the affected area does not indicate that the Governor cannot declare a statewide…”
— Mich. Comp. Laws § 30.405(1)(j) — 1 case
House of Representatives v. Governor (Mich. Ct. App. 2020). “MCL 30.405 provides that “In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or state of emergency do 1 or more of the following: .”
— Mich. Comp. Laws § 30.405(2) — 1 case
House of Representatives v. Governor (Mich. Ct. App. 2020). “MCL 30.405 provides that “In addition to the general authority granted to the governor by this act, the governor may, upon the declaration of a state of disaster or state of emergency do 1 or more of the following: .”
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