By Jessica Mathews & Jon King / news@whmi.com


Legislation sponsored by a local lawmaker that would limit emergency orders issued by the state Department of Health and Human Services has cleared the Senate.

Republican State Senator Lana Theis of Brighton Township sponsored legislation that would limit emergency orders issued by the state Department of Health and Human Services to 28 days and require that any extension of such orders receive legislative approval before taking effect. Senate Bill 1253 was approved by the Senate 22-16 on Thursday and would reform the state health code to stipulate that DHHS emergency health orders would only be valid for either the time indicated in the order or 28 days, whichever is less. After 28 days, such orders would be invalid unless a request from the department director to extend an order for a specified period is approved by resolution of both the Senate and House of Representatives.

There was heated partisan debate on the Senate floor over the measure with Senate Minority Leader Jim Ananich calling the measure an “unconstitutional legislative veto.” The Flint Democrat said the “bill would allow legislators to exercise authority reserved for the executive branch.” Democratic senators tried to amend the bill before the vote but those efforts failed, including one that would have codified a mask mandate.

Theis commented that the state Supreme Court made it clear that even after declaring an emergency, Governor Whitmer does not have the right to extend such orders without legislative approval, and neither should her employee, MDHHS Director Robert Gordon. Theis said her bill will ensure the people have a say in the matter, stating “Unelected and unaccountable DHHS bureaucrats should not be able to issue freedom-restricting emergency orders that disrupt lives and threaten livelihoods in perpetuity.”

Whitmer Spokeswoman Tiffany Brown told WHMI the Governor is unbothered and focused on doing everything in her power to protect the public’s health and save lives during this unprecedented pandemic. She says the “legislature has spent the greater part of the year trying to tie the governor’s hands and hamper the ability to respond to a public health crisis that has killed more than 10,000 Michiganders. All of our energy would be much better spent working together against the common enemy, COVID-19. The governor welcomes collaboration with the legislature on tackling this deadly virus, which starts with passing a mask mandate and a $100 million relief package to help individuals and small businesses hardest hit by this virus.”

The bill now advances to the GOP-led House of Representatives for consideration, which is scheduled to meet next week for the final three days of the lame duck session. If approved, it would still need to be signed by Governor Gretchen Whitmer, which is not likely.