After months of telling Gov. Gretchen Whitmer she was choosing to “go it alone,” a proposed bill would force the administration to receive legislative approval for any emergency order extending beyond 28 days.
Currently, the Michigan Department of Health and Human Services (MDHHS) has jurisdiction under the state’s public health code to enforce the current dine-in service ban and other restrictions recently extended through Dec. 20.
State Sen. Lana Theis, R-Brighton, introduced SB 1253 last week to amend the code. It’s expected to be taken up for a vote during Senate session Thursday afternoon.
“Beginning November 15, 2020, an emergency order issued under section 2253 is valid for the time period specified in the order or until the order has been in effect for 28 days, whichever is sooner. After 28 days, an emergency order issued under section 2253 is no valid unless a request from the director to extend the order for a specific number of days is approved by resolution of both houses of the legislature,” the bill reads.
The legislation would still need to pass the Senate and House before going to the governor for a signature. It’s unlikely she would sign off on anything that would undermine the administration’s current approach to combatting COVID-19 in Michigan.
Previously, Whitmer has asked the legislature to codify the mask mandate currently enacted under the MDHHS order. They have not moved to do so.
Instead, Senate Majority Leader Mike Shirkey, R-Clarklake, has rolled out public service announcements on social media to encourage people to follow health guidelines to slow the spread, including masking up.
Shirkey and Speaker of the House Lee Chatfield, R-Levering, have both been critical of the governor leaning on MDHHS after the state Supreme Court ruled a law used to enact executive orders during the pandemic was unconstitutional.
They argue her office has not been transparent enough about data being used to determine how long restrictions remain in place.
Earlier this week, former Lt. Gov. and current head of the Small Business Association of Michigan Brian Calley told News 8 the partial shutdown extension is adding to the devastation already felt by small businesses.
If the bill is not taken up before the end of the day Thursday, Senators will be back in session Tuesday.
