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

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 These bills repealed various aspects of the right-to-work legislation, originally passed by a Republican-controlled legislature and signed in 2012 by former Gov.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.

Daily Staff Reporter Luke Jacobson can be reached at lukejac@umich.edu.

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.

Daily Staff Reporter Luke Jacobson can be reached at lukejac@umich.edu.

​​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.”

Daily Staff Reporter Ji Hoon Choi can be reached at jicho@umich.edu

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.”

Daily Staff Reporter Ji Hoon Choi can be reached at jicho@umich.edu

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.”

Daily News Editor Samantha Rich can be reached at sammrich@umich.edu

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.

Gov. Gretchen Whitmer has made gun safety a central part of her platform going into her second term. In her January State of the State address, Whitmer advocated for the gun reform measures laid out in all three of these bills. If signed into law, these bills would be a major change to Michigan’s gun policy.

Daily Staff Reporter Levi Herron can be reached at llherron@umich.edu

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.

Daily Staff Reporter Levi Herron can be reached at llherron@umich.edu