Updates About Legislation

On April 19, the Michigan state Senate passed Extreme Risk Protection Order (ERPO) legislation. This red flag law package would enable courts to issue ERPOs towards individuals who pose a significant risk of personal injury to themselves or others by possessing a firearm. The ERPO would then prohibit the individual from possessing or purchasing a firearm.

In separate but related news, the Court of Claims Judge Thomas Cameron denied a motion for Michigan Open Carry, et al v Michigan House of Representatives, et al. Michigan Open Carry and Great Lakes Gun Rights filed suit against the Michigan House of Representatives and Senate stating they were denied the opportunity to address the state legislature during committee hearings on the larger gun reform package. Judge Cameron ruled that the plaintiffs failed to identify the specific rules and how they were violated under the Open Meetings Act, among other items.

On April 5, Governor Gretchen Whitmer signed legislation repealing Michigan’s 1931 abortion ban. The 1931 Michigan penal code prohibited the sharing or publishing information regarding contraception and abortion and prohibited administration of miscarriage procuring drugs or a surgical abortion procedure. Senate Bill 2 and House Bills 4006 and 4032 revokes the felonies of the 1931 penal code. These bills ensure that individuals who administer or receive an abortion are not criminalized.

On Friday March 24, Governor Whitmer also signed bills repealing the Michigan right to work law and restoring the prevailing wage for public construction projects. These bills include Senate Bill 34 and House Bills 4004 and 4007.

The legislature continued with its busy policy schedule prior to spring break by moving a number of high-profile bills, including the repeal of the current state right to work law and restoring the prevailing wage for public construction projects in Michigan.

The House of Representatives passed their version of bills with the Senate quickly moving them from committee to the full Senate floor on March 14. Both chambers passed SB 34, SB 6, HB 4004, and HB 4005 along party lines. With the passage of these bills, the state moves one step closer to reversing laws that have been in place since 2012 and 2018.

Late changes were made to both HB 4004 and HB 4005, which now include a $1 million appropriation substitution for the Department of Labor and Economic Opportunity to use for educational outreach. The Right to Work bills are now referendum-proof, a practice that has not previously been supported by Governor Whitmer under a Republican-led legislature. However, Governor Whitmer has stated that she intends on signing the legislation.