Obituary Of 10 Big Bills That Didn't Survive Lame Duck

12/16/24 09:37 AM - By Team MIRS

(Source: MIRS.news, Published 12/13/2024) Friday night, the House ended a high-intensity lame duck week at 10:44 p.m. Because of the Legislature's five-day rule, this week was essentially the last week for the Senate and House to move their bills into the other chamber in time to have them voted on next week.

 

Now, any bill to first get voted on in the Senate or House next week, could not be voted on until the week of the Christmas holidays.

 

Lobbyists filled the Capitol halls with "what are you hearing?" inquiries.

 

Meanwhile, hundreds of tipped employees marched through the hallways on Tuesday, demanding lawmakers block the gradual elimination of Michigan's tipped wage structure. But with bills not voted on today, Michigan Restaurant and Lodging Association (MRLA) President Justin Winslow ended his week tweeting "Ope" in frustration.

 

Of the numerous bills voted on this week, here are some reforms that were talked about immensely, but have essentially reached the grave by not being voted on this week.

 

1. More Road Funding

 

High-level discussions about steering more state funding to the roads blew a flat after none of the vehicle bills that could have moved money around or raised more money for roads made it off first base.

 

Whether it was a mile-driven user fee and re-purposing Michigan's corporate income tax, neither chamber left this week without a notable road funding proposal, resulting in no committee meetings or floor debates about how Michigan should address the estimated $3.9 billion road funding shortfall.

 

2. Paid Family Leave Benefits

 

Once legislation the Governor called for in summer 2023, Senate Democrats left the chamber early Friday morning without moving paid family leave legislation.

 

On Dec. 10, the Senate Housing and Human Services Committee moved SB 332 and SB 333, by party-line. Under the bills, a portion of employees' payrolls – not including U.S. government workers – would go toward a Family Leave Optimal Coverage Fund, which would also collect direct, non-payroll employer contributions from businesses with 25 or more workers.

 

In exchange, employees would access guaranteed payments for up to 12 weeks while off work, welcoming new children or caring for ailing loved ones. Neither bill was put on the Senate's Thursday and Friday agendas.

 

"I'm really adamant that the people who are supporting this are (not fully) understanding what they're supporting, because while it sounds good, I just want to express this is coming out of your paycheck," said Sen. Michele Hoitenga (R-Manton) as the bills were being taken up in committee. "I can assure you, the people that are living paycheck to paycheck cannot be taxed again."

 

She said every committee she's been in, Democrats were talking about "taxing everything."

 

3.'Phantom Wages' For Workers' Comp

 

Senate Labor Chair John Cherry (D-Flint)'s SB 1079 looked to keep injured employees from having their workers' compensation benefits reduced based on future jobs they could conceivably hold.

 

The Michigan Manufacturers Association (MMA) described SB 1079 as including a lot more than “phantom wagers”. Instead, they referred to the bill as "some of the scariest legislation (they've) ever seen." SB 1079, as well as SB 1080 to increase employer's funeral and burial payments from $6,000 to $12,000 after a worksite death, likely will not survive the 2024-25 term.

 

4. New Utility Fees For Stormwater Management

 

Sen. Rosemary Bayer (D-Keego Harbor)'s SB 660, allowing local governments to adopt utility fees for stormwater management, appears to have drowned this lame duck season. The fees would have been used to address blocked transportation corridors and overflowed wastewater treatment plants following intense rainfall and stormwater surges.

 

5. Bottle Bill Expansion Ballot Question

 

Sen. Sean McCann (D-Kalamazoo) – the Senate Energy and Environment chair – wanted to ask voters in 2026 if they want to expand Michigan's 10-cent "Bottle Bill."

 

Outside of milk and half gallons of fruit and vegetable juices, SB 1112 proposed allowing any bottle container – up to one gallon – to qualify for 10-cent recycling refunds. Additionally, it requires any vendor selling contained beverages to accept bottles and distribute refunds, regardless of whether they sold that specific brand or not.

 

If SB 1112 were signed, the reforms would be voted on by voters in the next election cycle. However, the Governor will not be taking a sip of "Bottle Bill" reform this winter.

 

6. Hitting the Breaks On Drive SAFE Bills

 

A Drive SAFE activist cried outside the House gallery this evening as Democrats adjourned for the evening. Some advocates for the reform truly believed that after the November elections, Democrats would put the bills up because the political debate around immigration would have calmed down.

 

The bills consisted of SB 265, SB 266 and SB 267, as well as HB 4410, HB 4411 and HB 4412. The legislation would make non-commercial state ID cards and driver's licenses available to applicants without proof of U.S. citizenship or immigration status. In years past, while serving in the minority, now-Senate Majority Leader Winnie Brinks (D-Grand Rapids) was one of the lead sponsors behind Drive SAFE (Safety, Access, Freedom and the Economy) reform, touting in fall 2019 that immigrants contribute $3.3 billion to Kent County's economy alone. 

 

7. Water Affordability Flushed Away

 

A statewide "Low-Income Water Affordability Fund," delivering water bill assistance and debt relief to low-income households, seems to have been flushed away amid this week's high tide of lame duck season.

 

The bills' controversy was centered on a $2 monthly charge on customers' water utilities, which had been negotiated down to $1. The legislation, which also included higher notification standards and red tape around water service shut-offs, consisted of SB 552, SB 553, SB 554, SB 551, SB 550 and SB 549, as well as HB 5092, HB 5093, HB 5091, HB 5090, HB 5089 and HB 5088.

 

One of the legislation's most notable opponents was Candice MILLER, Macomb County's popular public works commissioner. While she doesn't get into political fights, she was willing to fight the $2 monthly fee.

 

Were Sens. Kevin Hertel (D-St. Clair Shores) and Veronica Klinefelt (D-Eastpointe), who will likely face competitive and highly expensive re-election races, willing to challenge Miller on something she's so intensely against?

 

8. Community Solar Bills Get Unplugged

 

Under "community solar" bills, residents could receive cost-saving credits on their electricity bills if they subscribed to a local solar project owned by a third party. Eligible solar sources would include operations with at least three subscribers and a generation capacity of under five megawatts.

 

However, SB 152 and SB 153, and HB 4464 mandating the Michigan Public Services Commission to expedite community solar reviews and approvals, did not reach the floors of their respective chambers.

 

Essentially, the plug seems to be pulled on these bills, regardless of how Rep. Rachel Hood (D-Grand Rapids) argued that failure to move them represented Michigan's utility companies receiving "every single thing that they wanted this term."

 

9. Homeless Bill Of Rights

 

Bridge Magazine reported flyers plastered in Downtown Lansing this evening, reading "These People Don't Care If You're Homeless," with photos of House Speaker Joe Tate (D-Detroit), Senate Majority Leader Winnie Brinks (D-Grand Rapids) and Gov. Gretchen Whitmer below.

 

House Democrats attempted to put HB 4919 up for a vote, but were unable to deliver 56 yes-votes while their caucus was the only caucus in the chamber at the time. The legislation would formally outlaw discrimination based on someone being homeless, ensuring homeless Michiganders can move freely in public spaces, have the right to property over their belongings and could not be denied employment because they're homeless.

 

The bill's lead sponsor, Rep. Emily E. Dievendorf (D-Lansing) said Rep. Karen Whitsett (D-Detroit) chose to hold up the bill, adding "we took it off the board when we saw that we weren't going to get her support."

 

10. Bigger Payouts For Medical Malpractice

 

Bills authorizing residents to sue for up to $3 million in death and permanent injury-causing medical malpractice did not survive lame duck this week.

 

HB 6085 and HB 6086 would raise the payout caps for Michiganders suing for "non-economic damages" after medical malpractice injuries. Right now, the payout for death and permanent injury can be no more than $500,000, and no more than $280,000 in less severe incidents.

 

The cap for less severe incidents would have gone up to $1 million.

 

"We're talking about taking Michigan back to the 1980s where you couldn't get insurance as an OB-GYN, where your premiums were high for everything, and where it was just a trial lawyer's dream," said Rep. Graham Filler (R-St. Johns) on the bills. "You should be able to sue, but you shouldn't be able to just destroy businesses with every lawsuit, and with the insurance premiums, no one will write insurance in the state of Michigan."

 

Other bills not making it this year included: Carbon capture, nurse-patient ratios, National Popular Vote, second look, short-term rental reform and dark stores.


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