Film credits, SOAR renaming, other bills likely in lame duck session

When lawmakers show up for this year’s lame duck session, it will be the last chance for the Michigan Democratic trifecta to enact policy before the new Legislature takes power in January.

​​November 12-14 and the eight session days in December are called a lame duck session because many lawmakers have voluntarily chosen not to serve again, were termed out of office or were defeated at the polls and will be leaving office next month. This can be a frantic period of legislative activity as lawmakers and special interest groups make a last-ditch effort to enact priorities before the newly elected Legislature comes into office. 

Lawmakers will take a break after this week for deer hunting season and Thanksgiving before resuming business in December. The House and the Senate have set eight session days between the December 3 and the December 19 to finish business for the term. The outgoing Democratic House majority is expected to take rapid action on a variety of bills before party control of the chamber switches in January.

Several high-profile bills — including a bid to join the so-called National Popular Vote interstate compact that the House will vote on this week — are expected to come up during the lame duck session. Senate Bills 170 and 171 would repeal the Fair and Open Competition in Governmental Construction Act and the Local Government Labor Regulatory Limitation Act, replacing the state’s uniform standard on wage and benefit regulations with a patchwork of rules. House Bills 4907 and 4908 would authorize more than $2 billion in tax credits over the next decade for film production in Michigan. House Bills 5104 through 5107, along with Senate Bills 559, 560, 562 and 569, would rename the Strategic Outreach and Attraction Reserve Fund to the Make it in Michigan Fund. The renamed program would continue to give out subsidies to favored businesses.

Other pending legislation would deal with regulation of mandated employee benefits, re-litigation of settled pollution cases, and “price gouging.”

There are also bills in the Senate that would increase transparency in the state. Senate Bills 669 and 670 would expand the Freedom of Information Act to include the legislative and executive branches of government.

Lawmakers often jam through controversial policy items while Michiganders are celebrating holidays — frequently with no notice or in the middle of the night.

The legislative session is finished only after lawmakers vote to adjourn sine die, which is Latin for “without day.” When the Legislature adjourns sine die in even-numbered years, any bill that has not been sent to the governor’s desk dies. Legislators must restart the process next year.

The lame duck session allows lawmakers to complete final business and departing legislators to give farewell speeches thanking staffers, colleagues, and constituents.

Any bill that has been introduced and been active for five days is eligible for a floor vote in either chamber.

Bills that have laid dormant in committees for more than a year can suddenly be set for a last-minute committee hearing and vote, or even discharged from committee straight to the floor with an instant procedural motion. Legislators may not know what bills will move until it’s on the floor, meaning bills can pass without meaningful debate.

CapCon will watch bills passed during the lame duck session.