Updates About Legislation

Senate Democrats have filed a lawsuit in the Court of Claims against House Speaker Matt Hall (R-Richland Township), alleging that he is unconstitutionally withholding nine bills passed in the 2023-2024 session from being presented to Governor Whitmer for signature.

Senate Majority Leader Winnie Brinks (D-Grand Rapids) announced the lawsuit, emphasizing that legislative leadership cannot override constitutional requirements. The bills in question cover various issues, including increasing public employer contributions to employee health insurance, allowing Detroit history museums to seek a property tax millage, adjusting corrections officers’ pensions, and protecting certain public benefits from debt garnishment.

Hall’s office has cited legal and technical concerns as the reason for the delay, but Democrats argue that the governor has the sole authority to review legislation once passed.

As a final twist in this year’s unconventional lame duck season, the Michigan House of Representatives may violate Article IV, Section 13 of the state Constitution, which requires both chambers to set a concurrent resolution for sine die adjournment at noon. On December 19, the House adjourned without a quorum, leaving the sine die resolution (HCR 16) unresolved and referred to committee. This unprecedented situation has raised questions about the session’s official end date and the effective date of legislation without immediate effect.

This news follows a “Call to the House” during session in which Rep. Karen Whitsett (D-Detroit) and all 54 House Republicans failed to return to the chamber. Session was abruptly adjourned until December 31 with only 54 members present on the floor, leaving legal experts scratching their heads about the possible implications. Since the Constitution ties the effective date of some bills to the end of session, lawmakers question whether the implementation of these bills could be delayed until April 1, 90 days after sine die.

The Michigan Senate broke records during lame duck with a 29-hour session that ran from 10 a.m. Thursday to 3:01 p.m. Friday, passing over 90 bills before adjourning. Senate Democrats prioritized salvaging as much legislation as possible after House Democrats were unable to maintain a quorum due to a missing Democratic member and a Republican walkout. While most bills were passed in their original form and are now headed to the Governor’s desk, some were amended and sent back to the House, where they are unlikely to advance unless the House reconvenes earlier than December 31.

¶Key Bills Passed by the Senate:

• Requirement for Michigan schools to supply information to parents on firearm storage rules each year
• Allowing pharmacists to prescribe contraceptives and to require coverage of pharmacist-prescribed birth control methods
• Maternal Health bills designed to address the state’s high maternal mortality rates
• Lifting medical benefit plan caps to raise the amount public employers can contribute towards staff healthcare plans
• Prohibiting law enforcement from selling firearms obtained in gun buyback programs and requiring firearms obtained through buyback programs to be destroyed
• School Safety and Mental Health bill package intended to standardize school safety requirements