Attorney General Opinion Sought for ‘Adopt and Amend’ Strategy

Liz Gullett

Attorney General Opinion Sought for ‘Adopt and Amend’ Strategy

Feb 15, 2019

Can the legislature adopt a citizen’s initiative, only to amend it shortly thereafter? The legality of the strategy has been put into question by Senator Stephanie Chang (D-Detroit) who requested Attorney General Dana Nessel to issue an official opinion on the matter. Specifically, the Senator is questioning the legality of the actions taken last term when the legislature adopted citizens initiatives dealing with paid sick time and increasing the minimum wage, only to amend the new laws. This issue has been brought up by past Attorneys General. Former Attorney General Bill Schuette issued an official opinion, which contradicted former Attorney General Frank Kelly’s opinion stating the legislature can’t pass and amend citizens petitions during the same legislative session.

Senator Chang has asked the Attorney General to issue her formal opinion on whether:

Article II, Section 9 of the Michigan Constitution of 1963 prohibits the legislature from enacting a voter-initiated law and subsequently amending it during the same legislative session.
If the enactment and amending of Public Acts 337 and 338 of 2018 in the same legislative session are violations of Article II, Section 9.

To read the full request from Senator Chang, please click here.

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