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Office of Attorney General is again weighing if changes to voter-initiated laws were constitutional

Pkay Chelle
/
https://flic.kr/p/jMCjmX

Attorney General Dana Nessel is reviewing whether it was legal for the Michigan legislature to adopt and amend two ballot proposals that change Michigan’s minimum wage and paid sick time laws.

Michigan Republicans adopted the two voter-initiated proposals last year, a move which kept them from going to the 2018 ballot where they may have passed into law.

Then Republicans altered those proposals before passing them out of the legislature. Critics say the changes gutted those proposals. Supporters say the alterations were to ensure Michigan businesses would be able to provide the benefits the laws require.

Democratic State Senator Stephanie Chang has asked the Attorney General whether or not it was legal for Michigan Republicans to make those changes at all.

“This is unprecedented and that’s for a reason. Hopefully, this opinion will provide further clarity because I think residents deserve to know what the process should be.”

In her letter to the Attorney General, Senator Chang points to Article II of the state constitution which says “any law proposed by initiative petition shall be either enacted or rejected by the legislature without change or amendment.”

“We asked for this opinion because we have heard obviously from a number of Michiganders who are concerned about the process that was used to basically change policies that were enormously popular in our state.”

Former Attorney General Bill Schuette has already ruled that there is nothing in Article II that limits the legislature “substantively” amending petitions.

Chang said she is asking for the opinion now before the laws are slated to go into effect in March.

You can read her full letter here:

https://www.michigan.gov/documents/ag/20190214081754_646243_7.pdf