Each month, The Michigan Daily publishes a compilation of bills in the Michigan legislature for students at the University of Michigan to know about.
The following article explains five bills that have been introduced, passed or signed into law by the Michigan legislature or Gov. Gretchen Whitmer throughout the month of April.
1. Implementation of “red flag” laws
Status: Passed by both chambers
First introduced on Feb. 16 by state Sen. Mallory McMorrow, D-Royal Oak, Senate Bill 0083, formally known as the Extreme Risk Protection Order Act, would allow a court to temporarily confiscate an individual’s guns if there is a reasonable risk that they may seriously harm themselves or others with the firearms in their possession. The bill was passed by the House on April 19th. Gov. Gretchen Whitmer has said she plans to sign the bill in the coming weeks.
When the bill is signed, Michigan will join 19 other states with “red flag laws.” . A study by the Violence Prevention Research Program at the University of California-Davis credits California’s red flag law with preventing 58 instances of gun violence and suicide since its enactment in 2016, concluding that the law is an effective means to prevent gun violence.
The bill follows other gun control measures signed by Whitmer in recent weeks, including universal background checks and secure storage laws. In a press release following the legislature’s passage of the bill, Michigan Attorney General Dana Nessel expressed her support for the policy.
“What is clear, after years of witnessing horrific gun violence across school campuses, places of worship, and elsewhere, is that some people simply should not have firearms,” Nessel said. “This law will allow concerned friends, family, and law enforcement to act in a way that prevents senseless gun violence and deaths in our state.”
2. Removal of A-F ranking system for public schools
Status: Introduced in the Senate
Introduced by state Rep. Matt Koleszar, D-Plymouth, House Bill 4166 would revise 1976 PA 451 to eliminate the requirement for the Michigan Department of Education to assign letter grades to public schools based on student performance. Under the current law, the MDOE is required to annually rank Michigan public schools by Sept. 1 on a variety of metrics and implement accountability measures for schools ranked in the bottom 5%. If the bill is signed into law, the MDOE would rank schools on a list of individual metrics instead of assigning an overall letter grade.
When introducing the bill, Koleszar said the current law too heavily generalizes school performance across the state.
“The A through F system has also been criticized by many school officials, citing that it is too simplistic and could unfairly hit schools with a bad grade overall when the school is improving in some areas,” Koleszar said. “It is also argued that the system is overly general.”
The bill passed the House and was assigned to the Senate Committee on Education for review.
3. Ban on using mobile devices when driving
Status: Introduced in the House
First introduced March 9 by state Rep. Matt Koleszar, House Bill 4250, which is part of a package alongside House Bill 4251 and House Bill 4252, would prohibit the use of mobile devices when operating a motor vehicle.
The bill amends the current law, which only prohibits texting and driving, to ban all uses of mobile devices while driving including phone calls and social media. The bill also prohibits using a mobile device when in a running vehicle, not just while actively driving.
State Rep. Tyrone Carter, D-Detroit, who co-sponsored H.B. 4251, said he believes the current law is not up to date with current technology.
“Michigan’s distracted driving laws need to be updated to ensure the safety of our drivers,” Carter said. “Simply banning texting is not enough with the evolution of technology and the convenience of smartphones. I am hopeful these laws will help to protect our loved ones and get them home safely each day.”
The bill has been referred to a second reading in the House.
4. Cursive instruction in Michigan public schools
Status: Introduced in the Senate
First introduced in February by state Rep. Brenda Carter, D-Pontiac, House Bill 4064 would allow the MDOE to develop and implement cursive instruction coursework for public schools. As passed by the House on April 13, the bill would not require the department to implement a cursive program, but would strongly encourage it in addition to making the program available by the 2024-2025 school year.
If signed into law, the bill would make Michigan the 22nd state to mandate cursive writing instruction in public schools. While cursive is not included in Michigan’s most recent education standards, the MDOE has said it already has a model program for instruction which can be immediately implemented once the bill is signed.
In a statement issued after the bill’s passage by the House, Carter said cursive was key to improving cognitive skills in the state’s elementary students.
“The benefits of ensuring our kids are taught cursive in school are far more than just teaching them how to sign their names,” Carter wrote. “By passing this bill, we will help children develop better memories and improve their cognitive function. It is a well-known fact among the scientific community that children and adults alike need to learn and develop handwriting skills.”
The bill has been delivered to the Senate and referred to the Committee on Education.
5. Repeal Michigan’s law criminalizing sodomy
Status: Introduced in the House
Introduced on April 19 by state Rep. Noah Arbit, D-West Bloomfield, House Bill 4431 would amend the Michigan Penal Code to repeal the state ban on sodomy. While Michigan’s sodomy law was deemed unconstitutional by the United States Supreme Court in the 2003 case Lawrence v. Texas, the ban is still in the penal code, and some activists have expressed concern over Justice Clarence Thomas’ comment that the court should reconsider the Lawrence case. If Lawrence v. Texas was overturned, Michigan’s sodomy ban would immediately go back into effect.
The bill, alongside House Bill 4432 and House Bill 4433, would remove references to sodomy in the penal code and add in penalties for bestiality. Under the current law, sodomy is a Class E felony that could result in up to 15 years in prison.
Daily Staff Reporter Joshua Nicholson can be reached at joshuni@umich.edu.