On July 19, 2022, the Michigan Court of Claims concluded that the "adopt-and-amend" process that the Michigan Legislature used to enact the Improved Workforce Opportunity Wage Act (2018 PA 368) and the Paid Medical Leave Act (2018 PA 369) violated the Michigan Constitution. In doing so, the Court held that the original public acts remain in effect.
Background. The Michigan Constitution allows voters to initiate legislation via petitions. In the summer of 2018, two groups sponsored proposals and filed petitions with the Secretary of State: the Improved Workforce Opportunity Wage Act ("IWOWA") and the Earned Sick Time Act ("ESTA"). After the Board of State Canvassers confirmed that an adequate number of signatures were obtained, the proposals were submitted to the Legislature. On September 5, 2018, the Legislature adopted the two voter-initiated proposals without amendment. Because both proposals were enacted into laws, neither proposal was placed on the November 2018 ballot. Then, on December 5, 2018, the Legislature amended the laws, significantly reducing their scope and application.
In ruling against the December 2018 amendments, the Michigan Court of Claims held that the letter and spirit of the Michigan Constitution "support the conclusion that the Legislature has only three options to address voter-initiated legislation within the same legislative session—adopt it, reject it, or propose an alternative. Once the Legislature adopted the Earned Sick Time Act and the...
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