senate Resolution No.26

Senator Stamas offered the following resolution:

A resolution to authorize the Senate Majority Leader to commence legal action, on behalf of the Senate, defending the enforceability and constitutionality of Public Act 2 of 2021 and Public Act 3 of 2021.

Whereas, The power to appropriate moneys is solely vested in the Legislature; and

Whereas, On March 9, 2021, Governor Gretchen Whitmer approved Enrolled House Bill No. 4047 (Public Act 2 of 2021) and Enrolled House Bill No. 4048 (Public Act 3 of 2021), appropriating supplemental funds for Fiscal Year 2021, but vetoed certain line items; and

Whereas, The appropriation of certain funds within Public Act 2 and Public Act 3 of 2021 are conditioned on the enactment of Senate Bill No. 1 and House Bill No. 4049; and

Whereas, On March 9, 2021, Governor Whitmer vetoed Enrolled House Bill No. 4049. Governor Whitmer has indicated that she will veto Senate Bill No. 1 as well; and

Whereas, Any attempt by Governor Whitmer to expend moneys that she vetoed without further legislative approval or expend certain funds without the enactment of Senate Bill No. 1 or House Bill No. 4049 would be contrary to both law and Michiganís constitutional system; and

Whereas, Members of the Michigan Senate must defend the Legislature's role to appropriate moneys and as a co-equal branch of government in Michiganís 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, defending the enforceability and constitutionality of Public Act 2 of 2021 and Public Act 3 of 2021, and to take all necessary steps incidental thereto, including, but not limited to, the pursuing or defending any appeals.