Honigman Capitol Report

Governor Whitmer Signs 17 Bills into Law

Governor Whitmer signed 17 bills into law earlier this week including legislation to enshrine Home Care Workers’ bargaining rights and expand access to healthcare in rural areas. Governor Whitmer said, “these bills will make a real difference in people’s lives by expanding access to healthcare, protecting workers’ rights, and putting money back in Michiganders’ pockets…from ensuring 35,000 home care workers can bargain for better pay and benefits to ensuring every Michigander can access quality healthcare regardless of their zip code, let’s keep working together to make sure that everyone can make it in Michigan.” Senate Bill 790 and SB 791, sponsored by state Senators Kevin Hertel (D-St. Clair Shores) and Sylvia A. Santana (D-Detroit), allow Home Care Workers in Michigan to unionize and participate in collective bargaining. To achieve this end, the bills categorize individual home help caregivers as public employees of the director of the Department of Health and Human Services, specifically for the purpose of collective bargaining. Senator Santana opined, “with the signing of Senate Bill 791 and its companion SB 790, we’re providing essential support to our homecare workers. These caregivers are a vital part of the safety net for our most vulnerable residents, and their contributions to our communities cannot be overstated.” The bills passed on party lines in both the House and Senate. Senate Bill 701, sponsored by state Senator Sam Singh (D-East Lansing), amends restrictions on the funding hospitals can receive, eliminates the definition of “critical access hospital” and amends the definition of “rural hospital” to include counties with 195,000 people or less. The change will add Livingston, Muskegon and Saginaw counties to the rural hospital pool. Senate Bill 701 passed with bipartisan support in both the House and Senate.

Upcoming House Elections

Going into the 2024 election, Michigan Democrats currently control the Governor’s office and both the House and Senate. However, as November, approaches, it is unclear whether Democrats will be able to maintain their two-seat majority in the House. There are a handful of hotly contested Districts which, were they to flip, could result in shifting the majority to the Republicans. Current Representative Nate Shannon (D-Sterling Heights) and Republican Ron Robinson of Utica are battling for the 58^th District, which includes part of Macomb County. Republicans are hoping that the 2022 election was a wave year for Democrats and that the district will swing back to the right, allowing a Republican to pick up the seat. In the 190^th District, which covers Marquette, Alger, Baraga and parts of Dickinson and Houghton Counties, Republicans are hoping to convince voters that first-term lawmaker Representative Jenn Hill (D-Marquette) is too liberal to maintain her seat. Republican television meteorologist Karl Bohnak of Negaunee is a challenger with local name recognition, however Republicans have not won this seat since the early 1950s. Finally, Republicans have spent more money on advertising against 103^rd District incumbent Representative Betsy Coffia (D-Traverse City) than any other Democratic incumbent. Republicans believe their candidate, Lisa Trombley of Traverse City, is well connected to voters.

U.S. Senate Candidates Debate

With the legislature adjourned for summer recess, the major political focus will shift to the fight for control of the House of Representatives. While we may soon see how judicial activity related to Michigan’s Senate districts may shake things up in that chamber, Senate elections will not be held until 2026. For now, all eyes fall on the House. Most recent polling shows tepid support in Michigan for both parties’ likely presidential nominees. Recent history suggests it is nearly impossible to predict what twists and turns the race may take at the top of the ticket over the coming months. We expect an expensive and hard fought campaign for the House. This seems particularly likely for two reasons: the current slim two-member House majority; and the present uncertainty over voter turnout. Legislative activity will slow to a near halt over the next month until after August primary elections.

Looking Ahead

Fall 2024 is on track to be among the least active legislative periods in recent memory. Similar to fall 2022, however, with the added twist that the House of Representatives spent much of the winter through April special elections deadlocked in a 54-54 partisan tie. This lull in legislative activity could continue through the close of the session, or it could be turned on its head after the election. Between an uncertain battle for majority in the House, juxtaposed with the total uncertainty in the Presidential and federal legislative races, we are simply going to have to wait a month to see how these dynamics unfold. 

Conventional wisdom says post-election "lame duck" session will be restrained if the Democrats keep control of the House, while a Republican takeover could lead to a last charge for Democrats holding the three legs of the lawmaking stool- House, Senate, and Governor. Regardless, there remain several budget implementation issues to complete work on the '24-25 fiscal year, plus a few hundred million dollars in cash for a potential supplemental spending bill. Whether and how much of this gets done remains both a political and practical open question. 

Among the larger outstanding legislative issues, how the state will fund and support economic development has become a major negotiation- not just across party lines, but within them as well. Reform to the deal closing SOAR fund, investment in community infrastructure (transit, internet, housing), and state investment in venture capital funding and strategy are all among the topics that have become woven together in this conversation. At Honigman, we are participating in meetings to discuss the best strategies the state may pursue. On top of the policy discourse, there is a real challenge to blend these elements into a deal that could receive the requisite passing votes.