2021 Senate Resolution 26

Authorize Senate lawsuit against Governor for unlawful expenditures

Offered in the Senate

March 11, 2021

Offered by Sen. Jim Stamas (R-36)

To authorize the Senate Majority Leader to commence legal action on behalf of the Senate, challenging any action by the Governor to spend money that has not been authorized in appropriation bills passed by the House and Senate. This relates to vetoes of provisions in House Bills 4047 and 4048 that would prohibit spending part of the state’s federal stimulus and coronavirus relief money unless two provision of two other bills are also signed into law (Senate Bill 1 and House Bill 4049). Those bills would transfer the authority of the state health department to close schools in an emergency to county health departments, and require legislative consent after 28 days to a governor's authority to maintain a state of emergency and issue executive orders. Under this resolution, Senate Majority Leader Mike Shirkey would be authorized to sue the Governor if the administration spends money without the legislative authorization required by the Michigan Constitution of 1963.

Amendment offered by Sen. Jim Ananich (D-27)

To limit spending on any lawsuit authorized by the resolution to $10,000.

The amendment failed 14 to 20 (details)

Adopted in the Senate 20 to 14 (details)