Congressman Paul Mitchell Sues Michigan Governor Whitmer over "Unreasonable Emergency Actions"

Congressman Paul Mitchell sues Michigan Governor Whitmer as a private citizen over "unreasonable emergency actions". Currently executive orders can be issued without legislative oversight. It is argued on one side that the power to issue executive orders is not extendable past 28 days and on the other side it is believed that EO's can continue to be issued without legislative approval. The video states there are lot of things in the lawsuit of which most won't stick but that some of the essential pieces may (I haven't seen the lawsuit to know anything about it). The legislature also approved taking legal action but hasn't done so yet. According to the video, legislature doesn't plan on filing anything in the next couple of weeks (I suspect that may change).

This is part of a broader defining of where executives order power (essential to protect the health and safety of people) is needed and when it should end (executive overreach that limits constitutional rights). At present the law doesn't appear to clearly define for all involved parties involved when an emergency actually ends and elected officials are part of the process again. It is suspected that there will be increasing pressure to curb executive powers as immediate risks to health and safety subside. While this seems extraordinary, the balance between legislative, executive and judicial has always been in flux. Novel situations seem to bring up a lot of unanswered questions and in turn challenges.

Michigan Court of Appeals indicated in a previous case that the state was within its rights at that time. Continued challenges and risk abatement may end up changing some of those rulings. HERE
 

Governor Whitmer Briefing (May 5th, 2020) "Non-Essential" Medical Care and Budget Accountability

There were two main points to today's public briefing by Governor Whitmer.

1. The new guidance indicates that the Executive Order 2020-17 is not fundamentally changed but is redefined (further defined) to include preserve health and safety of participants. "For purposes of this order, “non-essential procedure” means a medical or dental procedure that is not necessary to address a medical emergency or to preserve the health and safety of a patient, as determined by a licensed medical provider." You may find additional guidance HERE. 

2. Executive Directive 2020-5, creating the Michigan COVID-19 Office of Accountability within the State Budget Office. The Accountability Office will provide oversight of all spending to address this crisis, and must report regularly on its work to the governor and the state budget director. 

What we see is that there is an office that will look at the State Budget, ensure money is being spent appropriately and there is oversite on this money. Questions can arise on how money is being spent because serious questions will rise if/when the budget is drained, employees are laid off, or at risk people are not able to be helped. Not saying that these things will or will not happen but we do know that lack of tax revenue will have a significant impact on the state budget and resources that are available. 

Furthermore, there is additional guidance being provided on health care. It was believe by many that healthcare was very much limited to essential life saving surgeries (i.e. emergency room visits). There appears to be some confusion so there was additional details that further defined the concepts to health and safety as defined by the doctor and patient. 

Notes from Governor Whitmer, Dr. Khaldoun, Office of State Secretary Benson

-The plan is to open deliberately and slowly to better ensure we don't have a flare up that overwhelms our healthcare providers.
-#doingmipart on social media to show businesses we are helping out.
-Monies came from state budget, philanthropic, and federal.
-Michigan Covid 19 Office of Accountability. Will provide oversite of all spending to address this crisis, and must report regularly on its work to the governor and the state budget director. The Department of Technology, Management and Budget will designate a Chief COVID-19 Accountability Officer to lead the Accountability Office.
-Former President Bush called for an end to partisanship  with empathy and simple kindness.
-Numbers are going the right way.
-A letter was mailed to each clinician to show how to keep their areas safe and protect themselves and others. Furthermore, each clinician can reach out to those with chronic issues and in need of immunizations to determine how to see patients.
-Physicians that believe there is urgent need for medical care can now provide care because as time goes on things that were not urgent a month ago become more urgent now.
-13,000 families that had problem were contacted in a proactive measure. If you know of children that are being abused contact 855-444-3911
-Crisis text line type  "restore" to 741741 Since Friday 400 people have been helped.
-Michigan.gov/vote
-Dr. Khaldoun issued new guidance to explain Executive Order 2020-17. Emergency care workers should not be managed by Lansing. Thus, the directions provide additional guidance but doesn't change the order.

Executive Directives (ED) are different than Executive Orders. ED are internal policy and procedures. I did not know that before.

May 4th, 2020 Press Release Below

May 4, 2020 

Media Contact: Press@Michigan.gov 

Governor Whitmer Creates the Michigan COVID-19 Office of Accountability 

Accountability Office will provide oversight of all spending to address the COVID-19 pandemic 

LANSING, Mich. -- Today, Governor Gretchen Whitmer signed Executive Directive 2020-5, creating the Michigan COVID-19 Office of Accountability within the State Budget Office. The Accountability Office will provide oversight of all spending to address this crisis, and must report regularly on its work to the governor and the state budget director. 

“Protecting the people of Michigan and lowering the chance of a second wave has demanded flexibility and decisiveness, and has also required funds from the state treasury, philanthropic sources, and the federal government,” said Governor Whitmer. “Michiganders have the right to expect that state government will be responsible stewards of their resources, especially in a time of crisis. I will continue to work around the clock to ensure these resources are spent wisely, in compliance with the law, and in a transparent and accountable manner.” 

The Department of Technology, Management and Budget will designate a Chief COVID-19 Accountability Officer to lead the Accountability Office. 

All departments, agencies, committees, commissioners, and officers of this state must give to the Accountability Office any necessary assistance they require. Departments, agencies, committees, and officers must also provide free access to any books, records, or documents in their custody relating to matters within the scope of inquiry, study, or review of the Accountability Office. 

To view Executive Directive 2020-5, click the link below: 

• ED 2020-05

The prior order can be found HERE.

President Town Hall Meeting with A Little Bit of Everything (May 3rd 2020)

The Town Hall was a nice twist from the traditional White House backdrop. I know this really isn't the point but wouldn't it be nice to have these town halls in different national monuments that help teach a little bit about our history and background (hypothetical question mark). Sorry for the digress....I can say that there was a lot of information covered.

It appears that the meeting was a direct connect to the average person and business. Average people asked the questions directly through the use of Zoom. Very interesting. Likely pre-recorded but people were still able to send the questions in so it really makes little difference. Some of the questions were tough and some where not......so it wasn't all roses.

There was too much information to comment on so I will say that you should watch the video and then draw your own conclusions. One key point is that are moving toward the decline of this virus and as states open up I would like to see how their economies start to power back up. This is the first time in history would could collect so much economic data. There will likely be lots of secondary (and maybe a few primary) studies come out.  Some notes below......

President Trump, VP Pence and Steven Mnuchin:

-30 million jobs were saved.
-3-6 Trillion in Stimulus
-Discussion on Vets and Military.
-We have a lot of ventilators so we are helping other countries.
-Fielded questions on minorities and how the virus impacted them. A report will come out in 2 weeks.
-Money went to farmers and ranchers because they were targeted by China.
-Borders, Trade and Military are his primary reason for elected.
-150 billion up to 400 billion for NATO
-We expect our country to super strong when this crisis is over.
-Pharmaceuticals should be produced in the U.S.
-The supply chain is coming back.
-We need a vaccine.
-Expect to have 94% of drugs in the U.S.
-Infrastructure is so important. Both parties agree on infrastructure.
-Want payroll tax cut.
-Expect our economy to pick up.
-Putting Americans to work is our highest priority.
-120 million direct deposits.
-Next round will go back to Congress to protect workers and enhance production.
-Creating a level playing field with China is important. Tariffs are an important tool.
-Investigation into how the virus spread.
-Countries could have helped to put it out if China would have said something right away.
-Not looking to bail out poorly managed states.
-States can use money for police, first responders, fire fighters, etc.....
-Infection rate and death rate going down.
-Lowest level of predictions for death.
-Would like to get people back to work and get back to a strong economy.
-Transition 3rd Q, excellent 4thQ and an awesome next year.
-Expect a bigger, stronger, and better economy than before.

U.S. Desires to Further Protect Key Electric Infrastructure with New Executive Order

As we move into the cyber world more nations will use virtual systems to create risks to our power grid and other infrastructure pieces. That creates an essential problem as our power grid impacts just about everything else. Shutting down that grid creates a lot of problems that snow ball throughout our economic chain. It is imperative that we do what we can to protect it. 

It wasn't that long ago a single downed station from trees impacted huge swaths of society (See History article Blackout Hits Northeast United States). That means we must build a sense of redundancy in the lines but also within the system itself. One way to do this beyond protecting the production of such equipment is to also encourage local/regional power sources. 

Local/regional power sources, that are still connected to the main grid, allow us to switch between the two systems when needed. Those areas that had their own power were less impacted. It also allows us to consider selling unused electricity back into the larger system creating an additional layer of protection. 

We may also think of the possibility of alternative energy sources and their benefits to the environment, individual consumption (i.e. solar power in our homes) and also as an additional sources of grid re-powering. While there isn't a single system that works here, and much of that technology is still developing, we can say that it creates additional protections for the household and the local grid. 

The Presidential Order isn't so much about that but you can see from the highlighted sections below what the main points are. 

1. Our power sources has been targeted and damaging "economy, human health and safety".

2. We want to produce, and monitor, the production of key components. 

3. New rules/procedures will come out within 150 days of the order. 

4. The creation of a Task Force on Federal Energy Infrastructure Procurement Policies Related to National Security that will help coordinate to information to lessen risks and improve energy procurement. 

....additional research helps highlight how this would work and function on the ground.

Executive Order on Securing the United States Bulk-Power System

The information is quoted from the White House Executive Orders Page.  Highlights were added to help emphasis key pieces of the order. 

"By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States of America, find that foreign adversaries are increasingly creating and exploiting vulnerabilities in the United States bulk-power system, which provides the electricity that supports our national defense, vital emergency services, critical infrastructure, economy, and way of life.  The bulk-power system is a target of those seeking to commit malicious acts against the United States and its people, including malicious cyber activities, because a successful attack on our bulk-power system would present significant risks to our economy, human health and safety, and would render the United States less capable of acting in defense of itself and its allies.

I further find that the unrestricted acquisition or use in the United States of bulk-power system electric equipment designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries augments the ability of foreign adversaries to create and exploit vulnerabilities in bulk-power system electric equipment, with potentially catastrophic effects.

I therefore determine that the unrestricted foreign supply of bulk-power system electric equipment constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, which has its source in whole or in substantial part outside the United States.  This threat exists both in the case of individual acquisitions and when acquisitions are considered as a class.  Although maintaining an open investment climate in bulk-power system electric equipment, and in the United States economy more generally, is important for the overall growth and prosperity of the United States, such openness must be balanced with the need to protect our Nation against a critical national security threat.  To address this threat, additional steps are required to protect the security, integrity, and reliability of bulk-power system electric equipment used in the United States.  In light of these findings, I hereby declare a national emergency with respect to the threat to the United States bulk-power system.

Accordingly, I hereby order:

Section 1.  Prohibitions and Implementation.  (a)  The following actions are prohibited:  any acquisition, importation, transfer, or installation of any bulk-power system electric equipment (transaction) by any person, or with respect to any property, subject to the jurisdiction of the United States, where the transaction involves any property in which any foreign country or a national thereof has any interest (including through an interest in a contract for the provision of the equipment), where the transaction was initiated after the date of this order, and where the Secretary of Energy (Secretary), in coordination with the Director of the Office of Management and Budget and in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and, as appropriate, the heads of other executive departments and agencies (agencies), has determined that:

(i)   the transaction involves bulk-power system electric equipment designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary; and

(ii)  the transaction:

(A)  poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of the bulk-power system in the United States;

(B)  poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the economy of the United States; or

(C)  otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.

(b)  The Secretary, in consultation with the heads of other agencies as appropriate, may at the Secretary’s discretion design or negotiate measures to mitigate concerns identified under section 1(a) of this order.  Such measures may serve as a precondition to the approval by the Secretary of a transaction or of a class of transactions that would otherwise be prohibited pursuant to this order.

(c)  The prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the date of this order.

(d)  The Secretary, in consultation with the heads of other agencies as appropriate, may establish and publish criteria for recognizing particular equipment and particular vendors in the bulk-power system electric equipment market as pre-qualified for future transactions; and may apply these criteria to establish and publish a list of pre-qualified equipment and vendors.  Nothing in this provision limits the Secretary’s authority under this section to prohibit or otherwise regulate any transaction involving pre-qualified equipment or vendors.

Sec. 2.  Authorities.  (a)  The Secretary is hereby authorized to take such actions, including directing the timing and manner of the cessation of pending and future transactions prohibited pursuant to section 1 of this order, adopting appropriate rules and regulations, and employing all other powers granted to the President by IEEPA as may be necessary to implement this order.  The heads of all agencies, including the Board of Directors of the Tennessee Valley Authority, shall take all appropriate measures within their authority as appropriate and consistent with applicable law, to implement this order.

(b)  Rules and regulations issued pursuant to this order may, among other things, determine that particular countries or persons are foreign adversaries exclusively for the purposes of this order; identify persons owned by, controlled by, or subject to the jurisdiction or direction of foreign adversaries exclusively for the purposes of this order; identify particular equipment or countries with respect to which transactions involving bulk-power system electric equipment warrant particular scrutiny under the provisions of this order; establish procedures to license transactions otherwise prohibited pursuant to this order; and identify a mechanism and relevant factors for the negotiation of agreements to mitigate concerns raised in connection with subsection 1(a) of this order.  Within 150 days of the date of this order, the Secretary, in consultation with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, and, as appropriate, the heads of other agencies, shall publish rules or regulations implementing the authorities delegated to the Secretary by this order.

(c)  The Secretary may, consistent with applicable law, redelegate any of the authorities conferred on the Secretary pursuant to this section within the Department of Energy.

(d)  As soon as practicable, the Secretary, in consultation with the Secretary of Defense, the Secretary of the Interior, the Secretary of Homeland Security, the Director of National Intelligence, the Board of Directors of the Tennessee Valley Authority, and the heads of such other agencies as the Secretary considers appropriate, shall:

(i)   identify bulk-power system electric equipment designed, developed, manufactured, or supplied, by persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary that poses an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of the bulk-power system in the United States, poses an undue risk of catastrophic effects on the security or resiliency of United States critical infrastructure or the economy of the United States, or otherwise poses an unacceptable risk to the national security of the United States or the security and safety of United States persons; and

(ii)  develop recommendations on ways to identify, isolate, monitor, or replace such items as soon as practicable, taking into consideration overall risk to the bulk-power system.

Sec. 3.  Task Force on Federal Energy Infrastructure Procurement Policies Related to National Security.  (a)  There is hereby established a Task Force on Federal Energy Infrastructure Procurement Policies Related to National Security (Task Force), which shall work to protect the Nation from national security threats through the coordination of Federal Government procurement of energy infrastructure and the sharing of risk information and risk management practices to inform such procurement.  The Task Force shall be chaired by the Secretary or the Secretary’s designee.

(b)  In addition to the Chair of the Task Force (Chair), the Task Force membership shall include the following heads of agencies, or their designees:

(i)    the Secretary of Defense;

(ii)   the Secretary of the Interior;

(iii)  the Secretary of Commerce;

(iv)   the Secretary of Homeland Security;

(v)    the Director of National Intelligence;

(vi)   the Director of the Office of Management and Budget; and

(vii)  the head of any other agency that the Chair may designate in consultation with the Secretary of Defense and the Secretary of the Interior.

(c)  The Task Force shall:

(i)    develop a recommended consistent set of energy infrastructure procurement policies and procedures for agencies, to the extent consistent with law, to ensure that national security considerations are fully integrated across the Federal Government, and submit such recommendations to the Federal Acquisition Regulatory Council (FAR Council);

(ii)   evaluate the methods and criteria used to incorporate national security considerations into energy security and cybersecurity policymaking;

(iii)  consult with the Electricity Subsector Coordinating Council and the Oil and Natural Gas Subsector Coordinating Council in developing the recommendations and evaluation described in subsections (c)(i) through (ii) of this section; and

(iv)   conduct any other studies, develop any other recommendations, and submit any such studies and recommendations to the President, as appropriate and as directed by the Secretary.

(d)  The Department of Energy shall provide administrative support and funding for the Task Force, to the extent consistent with applicable law.

(e)  The Task Force shall meet as required by the Chair and, unless extended by the Chair, shall terminate once it has accomplished the objectives set forth in subsection (c) of this section, as determined by the Chair, and completed the reports described in subsection (f) of this section.

(f)  The Task Force shall submit to the President, through the Chair and the Director of the Office of Management and Budget:

(i)    a report within 1 year from the date of this order;

(ii)   a subsequent report at least once annually thereafter while the Task Force remains in existence; and

(iii)  such other reports as appropriate and as directed by the Chair.

(g)  In the reports submitted under subsection (f) of this section, the Task Force shall summarize its progress, findings, and recommendations described in subsection (c) of this section.

(h)  Because attacks on the bulk-power system can originate through the distribution system, the Task Force shall engage with distribution system industry groups, to the extent consistent with law and national security.  Within 180 days of receiving the recommendations pursuant to subsection (c)(i) of this section, the FAR Council shall consider proposing for notice and public comment an amendment to the applicable provisions in the Federal Acquisition Regulation to implement the recommendations provided pursuant to subsection (c)(i) of this section.

Sec. 4.  Definitions.  For purposes of this order, the following definitions shall apply:

(a)  The term “bulk-power system” means (i) facilities and control systems necessary for operating an interconnected electric energy transmission network (or any portion thereof); and (ii) electric energy from generation facilities needed to maintain transmission reliability.  For the purpose of this order, this definition includes transmission lines rated at 69,000 volts (69 kV) or more, but does not include facilities used in the local distribution of electric energy.

(b)  The term “bulk-power system electric equipment” means items used in bulk-power system substations, control rooms, or power generating stations, including reactors, capacitors, substation transformers, current coupling capacitors, large generators, backup generators, substation voltage regulators, shunt capacitor equipment, automatic circuit reclosers, instrument transformers, coupling capacity voltage transformers, protective relaying, metering equipment, high voltage circuit breakers, generation turbines, industrial control systems, distributed control systems, and safety instrumented systems.  Items not included in the preceding list and that have broader application of use beyond the bulk-power system are outside the scope of this order.

(c)  The term “entity” means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization.

(d)  The term “foreign adversary” means any foreign government or foreign non-government person engaged in a long‑term pattern or serious instances of conduct significantly adverse to the national security of the United States or its allies or the security and safety of United States persons.

(e)  The term “person” means an individual or entity.

(f)  The term “procurement” means the acquiring by contract with appropriated funds of supplies or services, including installation services, by and for the use of the Federal Government, through purchase, whether the supplies or services are already in existence or must be created, developed, demonstrated, and evaluated.

(g)  The term “United States person” means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States.

Sec. 5.  Recurring and Final Reports to the Congress.  The Secretary is hereby authorized to submit recurring and final reports to the Congress regarding the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)).
Sec. 6.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)    the authority granted by law to an executive department or agency, or the head thereof; or

(ii)   the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

DONALD J. TRUMP

THE WHITE HOUSE,
May 1, 2020."

What is Michigan Senate Resolution 111? Science or Judgement?

Michigan Senate Resolution 111 seeks to allow elective medical procedures and activities. It encourages an adjustment to Executive Order 2020-17 that states only emergency medical or procedures that are needed for the health and safety of the patient are allowed. You can read the Michigan Senate Resolution 111 adopted by the Senate April 28th, 2020 HERE.

Senate Resolutions are not law but express the sentiments of legislature. It is not a bill but does indicate a growing need and solidifies that need into documentation. Bills are a little different. You can read How Does a Bill Become A Law (Michigan)?

Thus Michigan Senate Resolution 111 claims an intent to push for opening of non-emergency type medical procedures and activities. Executive Order 2020-17 require, "hospitals, freestanding surgical outpatient facilities, dental facilities and all state-operated outpatient facilities to postpone all nonessential procedures."

The essential arguments relate around health and safety of patients. On one side of the argument it is believed we are not ready to open them but on the other side of the argument it is believed that keeping them closed can cause other issues (i.e. lack of monitoring health issues, depression, etc....)

I guess much of it depends on the intent of Republicans and Democrats and what the data says (and of course whats available and how it is measured). One could make an argument that unnecessary doctors visits can spread the disease farther but one could also flip that argument and say people who can't get mental health services, regular check-ups, etc.. has a cost that could exceed COVID-19 risk factors.

To make a case from a logical standpoint someone would have to run some numbers as they relate to risk factors of spreading and potential outcomes of not obtaining medical care for issues deemed non-essential. Science takes a while to catch up but pulling whats available (scientific and non-scientific but credible) together for a comparison may make a difference in how we see this problem (even from a non-scientific but reasonable judgement standpoint).

When making decisions from ambiguous information there will always be room for guessing and second guessing. There are risks and there are other risks no matter what we do. However, a review on this situation would likely allow for some medical facilities/activities to open up as they relate to reasonable health maintenance. We do know they will eventually need to open but the timing is of debate. Some new procedures for doctors visits could help mitigate some of the risks.

The State of Michigan has a system in place that allows the monitoring of cases based on risk metrics drawn from sources such as hospital capacity, health, spreading, etc... Those metrics can be used to determine which areas may start opening back up with lower risk levels. If this change causes the virus to grow then adjust accordingly. The virus is a moving and adjusting organisms and we can also be so our systems should have some fluid capacity when needed. As long as decisions are reasonable and supported by logic, science and credible evidence it is hard to place blame. This is one reason why stakeholders should contribute to decision making.
 

First White House Press Briefing by Kayleigh McEnany

Notes:
-$12 billion going to hospitals. A focus on low income participants.
-100 Airflights completed.
-$320 billion PPP loans
-President upset that China didn't let people know there was COVID until a professor leaked it and his laboratory was shut down.
-Intelligence suggests there was a mutation from an animal or lab but as of right now it is not yet fully defined.
-Pledge to not lie.
-Phase one on trial of vaccine.
-Buy 75 million barrels of oil
-Comments on Michigan on the right to protest and to do so lawfully.
-You can see some clinical trials HERE.
-China is blocking U.S. investigators from coming in to investigating. WHO has concerns.
-Ultimately decisions are of the state and the President engaged in Federalism.
-Task force is still meeting regularly.
-No one is pressuring the intelligence community to come to a particular conclusion.
-Undefined Phase 4. Sanctuary cities came up.

May 1st, 2020 Governor Whitmer Issues Executive Orders Opening Construction

-Stay Home and Stay Safe Orders are still in effect until May 15th.
-New Protections for Workers Returning to Work.
-Construction will be opening next week.
-The slides from the meeting are available for people to see and open. HERE.
-Data on COVID released HERE.


The Press Release and Orders:

• Executive Order 2020-66, which terminates the existing state of emergency and disaster declarations issued under the Emergency Management Act in Executive Order 2020-33.
• 1. The state of emergency declared under the Emergency Management Act in Executive Order 2020-33 is terminated. 
• 2. The state of disaster declared under the Emergency Management Act in Executive Order 2020-33 is terminated.   
• Executive Order 2020-67, which clarifies that a state of emergency remains in effect under the Emergency Powers of the Governor Act of 1945. The order is effective immediately and continues through May 28, 2020 at 11:59pm. The governor will evaluate the continuing need for this order prior to its expiration, and if she determines that an emergency no longer exists, will terminate or extend the state of emergency declared in this order. 
• 1. A state of emergency remains declared across the State of Michigan under the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31 et seq. 
• 2. This order is effective immediately and continues through May 28, 2020 at 11:59 pm.
• 3. I will evaluate the continuing need for this order prior to its expiration. 4 4. Executive Order 2020-33 is rescinded and replaced. All previous orders that rested on Executive Order 2020-33 now rest on this order.
• Executive Order 2020-68, which declares a state of emergency and a state of disaster across the State of Michigan under the Emergency Management Act of 1976. The state of emergency and state of disaster declared by this order will be effective through May 28, 2020 at 11:59pm, and the governor will evaluate the continuing need for the order prior to its expiration, terminate the states of emergency and disaster if the threat or danger has passed.
• I now declare a state of emergency and a state of disaster across the State of Michigan under the Emergency Management Act. 
• 2. The Emergency Management and Homeland Security Division of the Department of State Police must coordinate and maximize all state efforts that may be activated to state service to assist local governments and officials and may call upon all state departments to utilize available resources to assist. 
• 3. This order is effective immediately and continues through May 28, 2020 at 11:59 pm.
•  4. I will evaluate the continuing need for this order prior to its expiration. 
• 5. All previous orders that rested on Executive Order 2020-33 now rest on this order.