Bill Text: MI SR0114 | 2019-2020 | 100th Legislature | Enrolled

Michigan Senate Resolution 114 (Prior Session Legislation)

Bill Title: A resolution authorizing the Senate Majority Leader to commence legal action on behalf of the Senate challenging the Governor’s authority and actions during the COVID-19 pandemic.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Passed) 2020-04-30 - Adopted [SR0114 Detail]

Download: Michigan-2019-SR0114-Enrolled.html

AS ADOPTED BY SENATE, April 30, 2020

senate resolution no.114

Senators Stamas, Outman, Bumstead, LaSata, Victory, Barrett, Horn, Bizon, Theis, Johnson, Runestad, VanderWall and MacGregor offered the following resolution:

A resolution authorizing the Senate Majority Leader to commence legal action on behalf of the Senate challenging the Governor�s authority and actions during the COVID-19 pandemic.

Whereas, On March 10, 2020, Governor Whitmer issued Executive Order 2020-4 declaring a state of emergency across the state of Michigan to address the COVID-19 pandemic; and

Whereas, On April 1, 2020, Governor Whitmer issued Executive Order 2020-33 to replace Executive Order 2020-4 and expanded the initial March 10, 2020, order to include a state of disaster related to the COVID-19 pandemic; and

Whereas, On April 7, 2020, the Legislature adopted Senate Concurrent Resolution No. 24 of 2020 to extend the state of emergency and state of disaster declared by Governor Whitmer in Executive Order 2020-4 and Executive Order 2020-33 through April 30, 2020; and

Whereas, Without an additional legislative extension, Governor Whitmer has a statutory obligation, pursuant to MCL 30.403, to "issue an executive order or proclamation declaring" the states of emergency and disaster terminated on May 1, 2020; and

Whereas, Any attempt by Governor Whitmer to unilaterally extend the states of emergency and disaster past April 30, 2020, without legislative approval would be contrary to both law and Michigan�s constitutional system; and

Whereas, Members of the Michigan Senate must defend the Legislature�s role as the sole lawmaking body and as a co-equal branch of government in Michigan�s constitutional system; now, therefore, be it

Resolved by the Senate, That the Senate Majority Leader, in his official capacity, is authorized to commence legal action on behalf of the Senate, challenging the authority and actions of the Governor, and the executive branch generally, taken during the COVID-19 pandemic and take all necessary steps incidental thereto, including, but not limited to, pursuing or defending any appeals.