Whitmer declares disaster and seeks 70-day extension of emergency

Apr. 2--LANSING -- Gov. Gretchen Whitmer declared a state of disaster in Michigan on Wednesday and asked the Legislature to extend Michigan's existing state of emergency and new state of disaster by 70 days.

But one Republican legislative leader said 70 days is too long.

Whitmer's original emergency declaration in the state's fight against the coronavirus pandemic was for 28 days and was set to expire next Tuesday. The Legislature, which is expected to meet Tuesday before the original order expires, can pass a resolution extending the state of emergency.

Wednesday's order does not extend Michigan's "stay home" order, which is set to expire April 13. But it lays the groundwork for the governor to extend that order and other emergency orders now in place, for up to 70 days, should the Legislature approve the resolution.

Michigan now has nearly 10,000 cases of COVID-19, with at least 337 deaths.

Senate Majority Leader Mike Shirkey, R-Clarklake, said he supports approving an extension but believes 70 days is too long.

Also, "we feel it is important to point out that our support for a reasonable extension of the emergency declaration does not transfer to support for a lengthy extension of the current 'Stay Home, Stay Safe' order," Shirkey said in a news release. He did not say how long he believes the "stay home" order should be extended.

"The Legislature will be back on the 7th to legislatively extend the state of emergency," said Gideon D'Assandro, a spokesman for House Speaker Lee Chatfield, R-Levering. He did not comment on the proposed length of the extension.

Even if the Legislature did not pass such a resolution, Whitmer could continue to exercise emergency powers using the Emergency Powers of the Governor Act. Unlike the Emergency Management Act, it does not require legislative approval if an emergency extends beyond 28 days. However, the Emergency Powers of the Governor Act gives the governor a narrower range of powers and is more focused on control of public safety, buildings and transportation than on the full range of state government services.

In a letter to Chatfield and Shirkey, Whitmer referenced her power to continue to act unilaterally, but said the powers set out in the Emergency Management Act "provide important protections to the people of Michigan, and they should remain a part our state's ongoing efforts to combat this pandemic throughout the full course of that fight."

Whitmer's actions followed President Donald Trump's Saturday disaster declaration for the state at Whitmer's request. That declaration made the state eligible for statewide crisis counseling and provides funding for state, tribal, and eligible local governments and certain private nonprofit organizations for emergency protective measures, including direct federal assistance.

"To meet the steep, varied, and ongoing demands created by the COVID-19 pandemic, my administration must continue to use the full range of tools available to protect the health, safety, and welfare of our state and its residents," Whitmer said in the letter to Shirkey and Chatfield.

"I welcome your and your colleagues' continued partnership in fighting this pandemic. In that vein, and in shared recognition of what this fight will require from us, I request a concurrent resolution extending the state of emergency and disaster declared in EO 2020-33 by 70 days from the date of the resolution."

Shirkey said the circumstances surrounding the outbreak of the virus change rapidly and often.

"As such, we feel a much shorter extension is logical to help protect our citizens and support our health systems," he said. "We will pursue a reasonable extension of the emergency declaration and look forward to working with the governor."

Whitmer signed an executive order declaring the disaster and recognizing "the expanded scope of economic, educational, and civic dislocation caused by COVID-19," she said in a news release.

"Since Michigan announced our first confirmed cases of COVID-19 three weeks ago, we have taken some of the most aggressive measures in the country to mitigate the spread of the virus and protect Michigan families," Whitmer said.

"Today's action will allow my administration to respond more effectively to every facet of this crisis. During this time, it's crucial that Michiganders continue to stay home and keep their distance from others. We will get through this together."

Whitmer said the new order would "provide important protections and should remain a part of the state's ongoing efforts to combat this pandemic.'

Rich Studley, president and CEO of the Michigan Chamber of Commerce, backed Shirkey's position.

"The current emergency order is broad and restrictive," Studley said on Twitter. "Any expansion is unwarranted and a 70-day extension would be far too long."

Contact Paul Egan: 517-372-8660 or pegan@freepress.com. Follow him on Twitter @paulegan4. Read more on Michigan politics and sign up for our elections newsletter.

___

(c)2020 the Detroit Free Press

Visit the Detroit Free Press at www.freep.com

Distributed by Tribune Content Agency, LLC.