A Michigan Court of Claims judge has ruled the Republican-controlled Michigan House should send nine bills being held in the clerk’s office to Governor Gretchen Whitmer for her to sign or veto. But the judge stopped short of issuing a court order to comply with the decision.
Judge Sima Patel was reluctant in her opinion to issue an order to a separate branch of government, but held the Michigan Constitution is clear that all bills adopted by the House and the Senate must go to the governor.
The ruling says the bills should be presented to the governor in time to give her 14 days to review the bills and sign or veto them before the provisions would take effect. That would set a deadline of March 19 for the bills to be presented to her. Perhaps significantly, the opinion does not designate a House official responsible for ensuring compliance.
The bills include measures to exempt public assistance payments from debt collection, allow Detroit historical museums to seek voter approval of a millage and place corrections officers in the same pension system as Michigan State Police officers.
Senate Majority Leader Winnie Brinks (D-Grand Rapids) told Michigan Public Radio the judge’s determination that the bills should go to the governor should not require a court order to be enforced.
‘It is my hope that Speaker (Matt) Hall will understand the assignment and get those bills over to the governor,” she said. “If he does not, we certainly can evaluate our legal options, but that’s certainly not my first choice. My first choice is that we see the House follow the Constitution and get those bills over to the governor’s desk.”
The bills were adopted by the Legislature last year, while Democrats were in charge of the House. But the bills were not sent to the governor before the session ended and the bills were still in the House Clerk’s office when Republicans took control of the House this year.
Hall (R-Richland Twp.) said in an emailed statement that he was pleased the judge excluded him personally from being served with a lawsuit on the grounds he could not be served while he is a sitting legislator. But he did not make any commitment to comply with the rest of the decision.
“I also appreciate the judge acknowledging the House is responsible for conducting its own business,” he said. “We will include the judge’s ruling into our ongoing thorough legal review of this situation.”
Hall could decide to appeal the decision.
