Updates About Legislation

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.

Governor Whitmer signed 17 bills into law aimed at expanding healthcare access, supporting workers’ rights, assisting Michigan families, and investing in outdoor recreation. Key initiatives include unionization rights for home care workers, rural healthcare funding, and anti-discrimination protections. Below is a summary of each bill:

• SB 790 and SB 791: Allows 35,000 home help workers in Michigan to unionize, enabling them to negotiate for better wages, benefits, and professional development opportunities.
• SB 701: Expands healthcare access by redefining “rural hospital” to include counties with populations up to 195,000, allowing more hospitals to qualify for funding.
• SB 817: Allocates funds from the Michigan Natural Resources Trust Fund (MNRTF) for 18 land acquisition projects and 35 development projects, supporting outdoor recreation.
• SB 351: Expands anti-discrimination protections for breastfeeding parents, allowing them to pump in public settings.
• SB 150: Permits the Michigan Tax Tribunal’s small claims division to conduct virtual hearings, improving access by reducing travel-related costs and time for participants.
• SB 366: Aligns Michigan’s natural gas safety violation fines with federal standards, increasing accountability for gas providers and enhancing public safety.
• SB 744: Modifies requirements for teachers to complete their probationary employment period successfully.
• SB’s 926, 931, 933, and 934: Increases funding by $4 million per year for Michigan’s gaming and gambling prevention programs, with a focus on youth intervention and responsible gaming.
• SB 928: Removes a clause in Medicaid to ensure full coverage of birth expenses for approximately 66,000 unwed births, reducing costs for single mothers.
• SB 929: Redirects Medicaid funds to broaden access to a range of care centers, increasing healthcare access for low-income Michiganders and supporting healthcare workforce development.
• SB 932: Extends access to cash assistance under the Family Independence Program (FIP) from 48 to 60 months, providing additional support to Michigan families.
• SB 935: Sunsets the Raise the Age Fund, part of a broader initiative to keep minors under 17 in juvenile facilities rather than adult correctional facilities.
• SB 716: Allows owners of historical vehicles to obtain personalized license plates, celebrating Michigan’s automotive heritage.

Senate Bill 911 passed in the Senate along party lines (20-16) in favor of permanently reducing the retirement contribution cap for Michigan schools to reallocate more funds toward operations and education. Originally appearing as a one-time change in the fiscal year 2024-2025 budget beginning on October 1, SB 911 would cement the retirement reduction into law. The bill also accelerates the timeline for decreasing the unfunded actuarial accrued liability cap to 15.21% by the 2025-26 fiscal year for K-12 schools, faster than the House’s proposed 2027-28 timeline.

The legislation would also eliminate the 3% contribution to retirement health care benefits that is currently considered mandatory for Michigan Public School Employees’ Retirement System (MPSERS) members hired prior to September 2012. Supportive stakeholders consider the vote a significant win for public school classrooms, while opponents saw the bill as a destabilizer to the teacher pension fund. The bill now awaits further action in the House.