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 These bills repealed various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.”