Citing the Michigan Supreme Court’s ruling last fall that Governor Gretchen Whitmer’s executive orders restricting and closing businesses were unconstitutional, the Michigan State Senate has moved to tie budget appropriations to legislation that would place limits on emergency orders issued by the Michigan Department of Health & Human Services as well. That move is drawing the applause of one of the state’s leading small business advocates, the National Federation of Independent Business (NFIB).
Senate Republicans last night passed SB 1, sponsored by Senator Lana Theis, that would limit MDHHS’ ability to issue emergency orders for more than 28 days without legislative approval. They then tied that legislation to $350 million of federal funding in the budget supplemental bill, HB 4047, which was also passed.
NFIB Michigan State Director, Charlie Owens says, “Since the Michigan Supreme Court declared Governor Whitmer’s issuance of executive orders to restrict and close businesses unconstitutional last fall, she has been issuing similar emergency orders through the MDHHS,” and adds, “We fully support efforts by the Senate and House to condition budget appropriations on a return to democracy in the governance of our state and putting an end to the governor’s unilateral and endless emergency orders.”
House and Senate Republicans have introduced two bills which would limit MDHHS’ authority. SB 1, sponsored by Senator Lana Theis, and HB 4267, sponsored by Rep. John Roth, would limit MDHHS’ ability to issue emergency orders for more than 28 days without legislative approval. HB 4268, sponsored by Rep. Luke Meerman, would prohibit MDHHS from closing “non-essential” businesses if they are complying with the same safety standards as businesses who have been deemed “essential” by the government.
NFIB’s Owens says, “Between the Governor’s unconstitutional Executive Orders and now the Emergency Orders from the Department of Health and Human Services, the citizens of Michigan are left without a voice,” and concludes, “Our legislators who were duly elected to represent us have no authority or power to challenge or change these orders and regulations, which have harmed countless small businesses in Michigan.”
The legislation now heads to the House for further action.
