This week, the Michigan Court of Appeals (COA) agreed with a lower court that legislation that passes both chambers is required to be presented to the governor.
Background:
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- Nine bills passed both the House and Senate at the end of 2024 but weren’t presented to the governor before the end of the previous Speaker of the House’s term. Typically, all legislation passed by both chambers would have been presented before a change in House leadership.
- When Speaker Matt Hall (R-Kalamazoo) assumed his leadership role in January 2025, he declined to present them to Governor Whitmer until a legal review was completed.
- On behalf of the Michigan Senate, Senate Majority Leader Winnie Brinks (D-Grand Rapids) filed a legal challenge in the Michigan Court of Claims.
- The legislation in question deals with health care costs for teachers and first responders and retirement benefits for corrections officers. Additionally, it allows property tax millages for historical museums.
Ruling:
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- Earlier this year, the Michigan Court of Claims ruled that the House must present the bills to the governor, but declined to enact a timeframe for which they must comply.
- Despite that ruling, Speaker Hall hasn’t yet presented them to the governor.
- The COA agreed with the court, finding that the Michigan Constitution requires that after a bill passes both chambers, it must be presented to the governor for final consideration.
- The court remanded the case to the Court of Claims for issuance of a writ of mandamus ordering the House to present the bills to the governor.
The House could appeal the ruling to the Michigan Supreme Court; however, the court has a 6-1 Democratic majority.
