SR-137, As Adopted by Senate, March 25, 2010

            Senators Kuipers, Kahn, Cropsey, Brown, Patterson, Bishop, Hardiman, Nofs, Gilbert, Richardville and McManus offered the following resolution:

            Senate Resolution No. 137.

A resolution to encourage and support the Attorney General of the state of Michigan in his efforts to represent the citizens of this state in all legal matters, regardless of the wishes or political views of the Governor.

            Whereas, The Attorney General is a constitutionally-created office that is elected by the citizens of Michigan to represent the state in all legal matters; and

            Whereas, MCL 14.28, as amended, specifically states that the Attorney General shall, when requested by the Governor, or either branch of the Legislature, and may, when in his own judgment the interests of the state require it, intervene in and appear for the people of this state in any other court or tribunal, in any cause or matter, civil or criminal, in which the people of this state may be a party or interested; and

            Whereas, The action by the Attorney General of the state of Florida regarding the Patient Protection and Affordable Care Act, H.R. 3590, reasserts the powers vested to the states as enumerated by the Tenth Amendment to the United States Constitution; and

            Whereas, The Attorney General of Michigan should at all times defend Michigan’s rights under the United States Constitution; and

            Whereas, The Michigan Senate is deeply concerned with the provisions of the Patient Protection and Affordable Care Act that require the state to expand its current Medicaid eligibility standards to accommodate approximately 500,000 additional enrollees. At a time when the state is under severe budget constraints, this coverage expansion will further strain the state’s ability to meet its fiscal responsibilities; now, therefore, be it

            Resolved by the Senate, That we request the Attorney General to pursue all legal avenues regarding the Patient Protection and Affordable Care Act; and be it further

            Resolved, That we hereby affirm the Attorney General’s role in representing the state and its citizens in all legal matters; and be it further

            Resolved, That copies of this resolution be transmitted to the Attorney General and the Governor.