Updates About Legislation

The Michigan Senate has passed a bipartisan bill, SB 8, that will gradually raise the tipped minimum wage to 50% of the regular minimum wage by 2031, rather than completely phasing it out as originally planned. The bill, introduced by Democratic Senator Kevin Hertel (D-Saint Clair Shores), received more support from Republicans than Democrats, with a 20-12 vote in favor. Under the bill, the tipped wage will remain at 38% for the rest of 2025, then increase by 2% annually until it reaches 50%. This compromise comes as the Legislature faces a February 21 deadline to amend the minimum wage and Earned Sick Time Act (ESTA) before they take effect.

SB 8 is tie-barred to HB 4002, the ESTA bill, which remains in a Senate committee. As a result, the minimum wage changes cannot be signed into law without also changing the paid sick time bill. While many businesses and Republicans view the bill as a necessary adjustment to avoid job losses in the restaurant industry, some Democrats and labor advocates criticize it for rolling back worker protections originally mandated by a court order.

Despite the mixed response, legislative leaders view the bill as a step toward a bipartisan solution. Senate Majority Leader Winnie Brinks (D-Grand Rapids) and Hertel expressed optimism about continued negotiations, while Republican leaders emphasized the need to balance business interests with wage increases. House Speaker Matt Hall (R-Richland Township) highlighted the importance of compromise, stating that the deal should benefit workers rather than just businesses or labor unions. With the deadline approaching, both parties acknowledge more work is needed to finalize a consensus on the state’s wage and sick leave laws.

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.