For the first time since 1984, 
the state of Michigan’s House, 
Senate and governorship are 
all controlled by Democrats 
following the 2022 midterm 
elections. In January 2023, 
lawmakers 
laid 
out 
their 

plans 
and 
priorities 
for 
this 
Democratic 
trifecta, 
including protecting civil and 
reproductive rights, lowering 
costs for Michigan families, 
protecting the environment 
and building out the state’s 
infrastructure. One hundred 
days 
in, 
The 
Michigan 
Daily’s Government beat is 
highlighting 
major 
policy 
proposals and changes that 
have been spearheaded by 
Democratic lawmakers in the 
state so far.

Repealing Michigan’s right-
to-work law
Gov. 
Gretchen 
Whitmer 
signed a repeal to of Michigan’s 
right-to-work law on March 
24, reversing a bill that had 
previously allowed unionized 
employees to opt out of paying 
union fees and dues. House 
Bill 4005 was introduced to 
the legislature by state Rep. 
Regina Weiss, D-Oak Park, 
and Senate Bills 5 and 34 were 
introduced by state Sen. Darrin 
Camilleri, D-Trenton, on Jan. 
12. These bills repealed various 
aspects of the right-to-work 
legislation, originally passed 
by 
a 
Republican-controlled 
legislature and signed in 2012 
by former Gov. Rick Snyder.
The 2012 bill, known as 
the 
“Freedom 
to 
Work” 
law, 
amended 
the 
Labor 
Mediation 
Act, 
which 
controls the private sector, 
and the Public Employment 
Relations Act, which applies 
to the public sector to end 
required union fees and dues. 
The 2012 bill also prohibited 
agreements between labor 
unions and employers that 
require 
all 
employees 
to 
provide a certain degree 
of aid to the union as a 
prerequisite for employment. 
When Whitmer’s signed of 
the repeal, Michigan became 
the first state in 58 years to 
repeal a right-to-work law — 
the last time being in 1965 when 
Indiana reversed its right-to-
work law, which remained in 
place until it was reinstated by 
a Republican-controlled state 
government in 2012.
Some 
proposed 
right-to-
work 
laws 
have 
received 
backlash 
in 
other 
states 
for its potential to lower 
wages for union workers. In 
2017, a Republican-majority 
legislature 
in 
Missouri 
attempted to pass a right-
to-work 
law, 
prompting 
labor unions in the state to 
gather signatures for a public 
referendum on the proposal in 
which Missouri voters struck 
down the law before it could go 
into effect. 
In 
contrast 
with 
the 
disapproval 
for 
right-to-
work in Missouri, a recent 
poll conducted in Michigan 
by Target Point Consulting 
indicated 
popular 
support 
for a right-to-work law in the 
state. Among the participants 
of the poll, 58% of voters are 
in favor while only 29% oppose 
it. Within the population of 
people who voted for Whitmer 
in 2022, 46% are in favor of 
the right-to-work law and 40% 
percent oppose it. 
The 
decision 
to 
repeal 
Michigan’s right-to-work law 
will only affect private-sector 
employees. The 2018 Supreme 
Court case Janus v. American 
Federation of State, County, 
and 
Municipal 
Employees 
asserted that no public sector 
employee could be forced to 
pay union dues to support non-
political union activities like 
collective bargaining.
Michigan Republicans have 
argued the repeal will be a 
major blow to the state’s ability 
to attract business investment, 
saying 
companies 
will 
be 
disincentivized to bring their 
business to a state where their 
employees could lose their jobs 
for not paying union fees. 
On the other hand, advocates 
for 
the 
repeal 
note 
that 
laborers in states with right-
to-work laws often earn lower 
wages on average, regardless 
of union status. Advocates also 
argue there tend to be lower-
quality health and retirement 
benefits in states with right-to-
work laws in place.

Expanding the Elliott-Larsen 
Civil Rights Act to include 
protections for gender identity 
and sexual orientation
Senate Bill 4 was introduced 
by 
state 
Sen. 
Jeremy 
Moss, 
D-Southfield, on Jan. 12 to amend 
the Elliott-Larsen Civil Rights 
Act, expanding its protections to 
include gender identity and sexual 
orientation. Whitmer signed the 
amendment into law on March 16.
Since its passage in 1977, the 
ELCRA has served to protect 
Michigan 
residents 
from 
discrimination based on their 
religion, 
race, 
color, 
national 
origin, age, sex, height, weight, 
familial status and marital status. 
The expanded protections codify 
a 2022 Michigan Supreme Court 
decision, for which Whitmer 
wrote an amicus brief, ruling that 
ELCRA applied to gender identity 
and sexual orientation.
The new provision specifically 
prohibits 
firing, 
evicting 
or 
otherwise discriminating against 
another person based on their 
sexual 
orientation 
or 
gender 
identity. 
Former 
state 
Rep. 
Melvin 
Larsen, R-Macomb, co-sponsor 
of the original ELCRA along with 
former state Rep. Daisy Elliott, 
D-Detroit, attended the signing 
event in Lansing on March 16. 
Larsen spoke in support of the 
act’s expansion, noting the original 
sentiment of ELCRA was to 
protect each and every citizen.
“If you go back to the original 
Civil Rights Act, between (Elliott) 
and myself, the original intent was 

and still is that every citizen has 
the right to be protected under the 
Elliott-Larsen Civil Rights Act,” 
Larsen said.
Critics of the bill argue its 
implementation interferes with 
certain religious freedoms, while 
simultaneously 
creating 
an 
elevated level of legal protection, 
or a “super-right,” for individuals 
in the LGBTQ+ community. This 
critique, in part, is a response 
to the legislature’s rejection of 
another proposed amendment to 
ELCRA from Sen. Jim Runestad, 
R-White Lake, which would have 
adopted protections for “religious 
orientation.” The original wording 
of the ELCRA enumerates religion 
as a protected right.
Another amendment to ELCRA 
was proposed in the Senate by state 
Sen. Sarah Anthony, D-Lansing, on 
Feb. 21. This amendment, known 
as the Creating a Respectful and 
Open World for Natural Hair Act, 
would add expanding protections 
against 
racial 
discrimination 
under the ELCRA to include 
certain hairstyles and textures, 
such as locks, twists and braids.
This is not the first time such 
legislation has been proposed, 
both in Michigan and at the 
federal level. In 2022, a federal 
version of the CROWN Act passed 
successfully through the U.S. 
House of Representatives with 
bipartisan support, though it did 
not make it through the U.S. Senate. 
Should the legislation be approved, 
Michigan would become one of 14 
states safeguarding against hair-
based discrimination.

Officially repealing Michigan’s 
1931 abortion ban
 
Gov. 
Gretchen 
Whitmer 
signed into law an official 
repeal of Michigan’s 1931 law 
criminalizing 
all 
abortions 
except 
to 
save 
a 
pregnant 
person’s life. Though the passage 
of Proposal 3 in the November 
2022 midterm elections enacted 
a 
constitutional 
amendment 
to 
protect 
abortion 
access 
statewide, it did not officially 
repeal the law. This bill, initially 
introduced 
by 
state 
Rep. 
Laurie 
Pohutsky, 
D-Livonia, 
completely removes the original 
law from the Michigan penal 
code.
The 
Michigan 
legislature 
passed the bill on March 8. 
In a press release following 
the passage of the bill in the 
legislature, Michigan Attorney 
General Dana Nessel praised 
the repeal and said it reflects 
the 
beliefs 
and 
values 
of 
Michiganders. 
“Today’s 
repeal 
of 
this 
antiquated law is a victory for 
millions of Michigan residents 
who, 
like 
myself, 
value 
bodily integrity and personal 
freedom,” Nessel said. “I am 
grateful that our legislators are 
listening to the will of the voters 
who passed Proposition 3 this 
past fall with overwhelming 
support.”
Whitmer signed the bill into 
law April 5. In a press release 
after 
the 
signing, 
Pohutsky 
said repealing the 1931 ban is 
a critical piece of protecting 

access to abortion in Michigan. 
“Last 
year 
Michiganders 
made it clear that they want 
abortion to remain safe and 
legal,” Pohutsky said. “While 
there is still much work to 
be done to ensure abortion 
is accessible to everyone in 
our state, repealing the 1931 
criminal abortion ban once and 
for all is the first step in that 
process, and one I am grateful is 
complete as of today,”
Following the leaked draft 
of the decision overturning 
Roe v. Wade in May 2022, 
Whitmer took a number of 
actions to protect access to 
abortion statewide, including 
filing a lawsuit resulting in a 
preliminary injunction blocking 
the 
1931 
law 
from 
taking 
effect. Following the passage 
of Proposal 3, Whitmer signed 
an executive order to enforce 
the amendment through state 
government agencies.
In the same press release, 
Whitmer said repealing the ban 
will also serve to retain and 
attract people to Michigan. 
“Today, 
we 
are 
coming 
together to repeal the extreme 
1931 
law 
banning 
abortion 
without exceptions for rape or 
incest and criminalizing nurses 
and doctors for doing their 
jobs,” Whitmer said. “Standing 
up for people’s fundamental 
freedoms is the right thing 
to do and it’s also just good 
economics. By getting this done, 
we will help attract talent and 
business investment too.”

Expanding Michigan’s Earned 
Income Tax Credit
The Michigan legislature passed 
bills expanding the state’s earned 
income tax credit on Jan. 26, which 
Gov. Gretchen Whitmer signed 
into law on March 7 as part of 
the Lowering MI Costs Plan. In 
addition to expanding the EITC, the 
Lowering MI Costs Plan also repeals 
the state’s retirement tax, reportedly 
saving 500,000 Michigan families 
an average of $1,000 annually, and 
sends a $180 refund check to every 

taxpayer in the state.
The federal Earned Income Tax 
Credit for Working Families program 
lowers the amount of taxes owed by 
eligible families — or U.S. citizens 
who are currently working and 
earn below a certain income level, 
based on the number of dependents. 
Families eligible for the federal EITC 
program can also receive Michigan’s 
EITC if they are residents of the 
state. Previously, eligible families 
received an additional 6% of the 
federal amount from the state of 

Michigan. With the expansion, they 
will now receive 30% of that amount, 
on top of the federal contribution.
While the exact amount of the tax 
credit varies based on income and 
household size, the expansion of the 
Michigan EITC program is expected 
to provide an average refund of 
$3,150 to 700,000 families across 
the state. This could impact almost 1 
million children, or half of the kids in 
Michigan.
EITC programs have been shown 
to reduce poverty and improve 

health outcomes, especially among 
children. The Center on Budget 
and Policy Priorities estimated that 
the federal EITC program was 
responsible for keeping 5.6 million 
people out of poverty in 2018 — 
half of them children. There is also 
evidence that EITC programs can 
increase economic activity and add 
jobs. Expansion of the tax credit 
program received bipartisan support 
in Michigan and was championed 
by many business and community 
organizations.

Repealing 
the 
read-or-flunk 
provision of Michigan’s Read by 
Grade Three requirement
Gov. Gretchen Whitmer signed 
a law repealing the “read-or-flunk” 
provision of Michigan’s Read by 
Grade Three law March 24, which 
sets statewide reading comprehension 
standards for public school students. 
The “read-or-flunk” provision of the 
legislation had required students to 
repeat third grade if they did not meet 
established reading benchmarks by 
the end of the year. The bill repealing 
this aspect of the law, Senate Bill 12, 

was introduced by state Sen. Dayna 
Polehanki, D-Livonia, on Jan. 12. 
Enacted by former Gov. Rick Snyder, 
the 
“read-or-flunk” 
requirement 
remains 
controversial. 
While 
supporters argue the provision was an 
important tool, especially in the wake 
of learning loss from the COVID-19 
pandemic, opponents point to negative 
mental health effects and racial bias as 
fundamental flaws in the program. A 
2022 report from the Education Policy 
Innovation Collaborative documented 
these racial disparities in retention 
rates, finding that Black students were 

held back at 2.4 times the rate of white 
students in the 2021-22 school year. 
In a press release following the 
repeal, Polehanki said she believes this 
change will allow for more flexibility 
in educational decision-making. 
“Parents and schools should be 
trusted to make decisions about grade 
retention—the state shouldn’t mass-
flunk third graders without parent 
input based on one test,” Polehanki 
said. “It’s a great day for educational 
freedom for Michigan’s parents and 
students.” 
In the same press release, state Rep. 

Nate Shannon, D-Sterling Heights, 
said he hopes the funds previously 
used to enforce the “read-or-flunk” 
provision will be reallocated to more 
equitable and effective educational 
practices. 
“Rather than being reactive, let’s 
be proactive in our approach to kids 
and literacy,” Shannon said. “We 
could use the resources that are 
spent on retaining students and put 
that towards more literacy coaches, 
reading intervention specialists and 
provide afterschool and summer 
school programs to address the issue.”

Introducing 
safe 
storage, 
background check and red 
flag laws into the Michigan 
legislature
In the wake of the February 
mass shooting at Michigan State 
University, 
which 
left 
three 
students dead and five others 
injured, and an ongoing gun 
violence crisis across the country, 
the state legislature has begun the 
process of tightening the state’s 
firearms laws. The state Senate 
passed three bills on March 
16 that addressed gun safety 
by 
implementing 
safe-storage 
laws, red-flag laws and universal 
background checks in the state. 
The safe storage and background 
check bills have been passed by 
the House and Senate, and the 
red flag law has been passed by 
the Senate. According to a recent 
Impact Research study, the bills 
are supported by 73% of Michigan 
voters. Each of the three bills 
addresses different issues in 
Michigan.
One of the bills would require 
gun owners to store firearms 
in locked containers if there 
is a reasonable belief that a 
minor may be present. It also 
lays out additional penalties for 
individuals who do not secure 
their firearms if a minor gains 
access and shoots another person. 
The 
bill 
was 
drafted 
in 
response to the 2021 shooting at 
Oxford High School, in which 
the 15-year-old perpetrator used 
a gun that was bought for him by 
his father — and was not secured 
in the home — to commit gun 
violence resulting in the death 
of three students. Eight states 
including 
Massachusetts 
and 
Connecticut, in addition to the 
District of Columbia already 
have safe storage laws in place. 
Fifteen states have laws that hold 
the owner of a gun liable for any 
violence or accidents that a minor 
perpetrates with that weapon.
Another bill would establish 
universal 
background 
checks 
for gun purchases. Michigan 
law currently does not require 
individuals to obtain a license or 
complete a background check 
to obtain a rifle or shotgun, 
provided the sale is between 
private individuals. To purchase 
a rifle or shotgun from a firearms 
dealer, in accordance with federal 
law, a background check must 
be conducted. Michigan does 
require a license and background 
check for all handgun purchases, 
including sales between private 
individuals. This bill, however, 
would 
close 
this 
loophole, 
establishing 
a 
licensure 
and 
background check process for all 
gun sales — including rifles and 
shotguns.
The final gun safety bill would 
establish Extreme Risk Protection 
Orders, often called red-flag laws, 
in Michigan. ERPOs, which exist 
in 19 states and in D.C., allow 
judges to temporarily remove 
firearms from the possession of 
individuals who are considered 
to pose a significant risk of harm 
to themself or others. Under red 
flag laws, if law enforcement 
confiscates a weapon for this 
reason, the individual is also 
prevented from purchasing any 
additional firearms until the order 
expires. The time frame for that 
emergency restriction varies from 
state to state, from days to up to a 
year in some cases.
In order for an ERPO to be 
issued, a state resident must 
petition the court and provide 
information as to why they believe 
that 
the 
subject’s 
continued 
firearm possession would pose 
a risk. The amount of time this 
process takes can vary, but 
emergency orders can be granted 
by an on-call judge after hours in 
some states.

The Michigan Daily — michigandaily.com
News

What Democratic lawmakers have done with their trifecta in the first 100 days

NEWS

The Michigan Daily’s Government beat is highlighting the major policy proposals 
Democratic lawmakers have spearheaded for Michigan so far

Wednesday, April 19, 2023 — 3

ALUM DOMINICK SOKOTOFF/Daily

Read more at MichiganDaily.com

SAMANTHA RICH,
LUKE JACOBSON, 
JI HOON CHOI, 
& LEVI HERRON
Daily News Editor & Daily 
Staff Reporters

Repealing Michigan’s retirement 
tax
Gov. Gretchen Whitmer signed 
House Bill 4001 into law March 7, 
repealing the state’s retirement tax. 
The bill was sponsored by state Rep. 
Angela Witwer, D-Delta Township, 
and amended the state’s Income 
Tax Act to phase out the tax on 
pensions and equalize retirement 
subtractions for public and private 
pensions.
In a press release after signing the 

law, Whitmer said this change will 
allow families in the state to spend 
more money on essential items.
“Getting this done will help 
people pay the bills, put food on 
the table and afford essentials like 
groceries and school supplies,” 
Whitmer said. “I will continue to 
work with our legislative partners 
to build on this progress, grow our 
economy and lower costs for every 
Michigander.”
The retirement tax was initially 

enacted under former Gov. Rick 
Snyder in 2011 and applied a 4.25% 
income tax on pensions. 
The repeal of the tax is a part 
of Whitmer’s Lower MI Cost plan 
first announced in her 2023 State 
of the State Address. According 
to the press release, this change is 
estimated to save 500,000 Michigan 
households an average of $1,000 
annually.
In the same press release, Witwer 
said she has been working toward 

this repeal throughout her time 
in office and was excited to see it 
accomplished.
“I’ve held office in the House 
for three terms, and each term, 
I introduced a bill to repeal the 
retirement tax: I’m so happy for 
Michiganders that we finally got 
it across the finish line,” Witwer 
said. “I’m grateful that members on 
both sides of the aisle could come 
together, set aside our differences, 
and do the right thing for our state.”

