102nd Legislature: Lame Duck
This is your one-stop shop for all legislative actions related to transit and safe streets between the November 2024 election and the final day of the 102nd Michigan Legislature. Bills are organized by date of first action during this timeframe.
As always: This is independent policy coverage and does not imply endorsement of legislation by any public agency, association, or advocacy organization unless otherwise noted.
Last updated: Tuesday, December 31st upon adjournment sine die
Lame Duck Week 7: Dec 31
The final House session day was held on Tuesday, December 31st at 1:30pm. This session day was dedicated to final enrollment, printing, and presentation of House bills which passed the Senate to the Governor and adjournment sine die to mark the formal end of the 102nd Legislature.
Lame Duck Week 6: Dec 18-23
Following the abrupt adjournment of House session after extensive struggles to meet quorum, all remaining bills in the 102nd Legislature died with the exception of those which originated in and had already passed the House.
The Senate could not make any further changes to these bills, but remained in marathon session for 29 hours from December 19th at 10:00am until December 20th at 3:00pm to pass however many of them could garner the 20-vote majority needed to reach the Governor's desk.
Well, this wasn't the ending any of us hoped for.
To the legislators who continued to introduce aggressive policy and platform the voices of Michiganders pushing for better transit, housing affordability, clean water and energy, and other essential reforms, and to all the staffers doing their absolute best to keep constituents in the loop until the bitter end: Thank you for keeping the lights on through this final act. I hope you know you're all appreciated in what must be an incredibly difficult moment.
I'll still be following your efforts in the 103rd Legislature, and I know others will be too.
Lame Duck Week 5: Dec 10-12
Sustainable Transit Operations Funding
🔴 Bill package died in the House
Not to be confused with the SOAR Reform package , a separate effort which also died in the House.
House Bill 6269 and House Bill 6270 , both introduced on Tuesday, December 10th by co-sponsors Rep. Morgan (D-Ann Arbor) and Rep. McFall (D-Hazel Park) , would have significantly and permanently increased the Local Bus Operations (LBO) funding requirement for transit agencies across the state. This requirement would have been met through an increase in funds allocated to the Comprehensive Transportation Fund (CTF) from the 4% automotive sales tax levied on vehicles, vehicle parts, and gasoline.
This bill package did not receive a committee hearing.
Currently, public transit authorities serving an urbanized area of 100K+ residents receive up to 50% of eligible operating expenses in state funding, and smaller agencies receive up to 60%. This bill would have set 50% and 60% as the minimum funding levels in FY2025-26. If CTF formula dollars were insufficient to reach these levels, the balance would have been pulled from the General Fund.
I've described this bill package as serving a larger pie so our urban transit agencies don't have to keep taking bigger and bigger slices out of a little pie that can't feed everyone, which is what the current CTF formula funding model forces them to do. All transit agencies in Michigan share approximately two-thirds of this fund for operations assistance, and if one agency dramatically expands bus service, they leave less of the pie on the table for smaller agencies to share. It's a known flaw in our state funding model which means significant transit expansions in our major cities have the potential to jeopardize the financial stability of our smaller, rural providers, more than a few of whom are in danger of bankruptcy as federal relief funds dry up. HB 6270 would have effectively made the pie four times larger beginning in FY2025-26, with a full 25% of the automotive sales tax going to the CTF rather than the current "27.9% of 25%".
The Michigan Public Transit Association has long been fighting for a legislative package similar to this as it stands to drastically increase transit operating funds in a sustainable fashion, rather than as a year-to-year supplemental, which would enable planners to propose more long-term service enhancements.
In March 2023, Clark Harder, immediate past director of the MPTA, presented to the House Appropriations Subcommittee on Transportation on the long-term goal of reaching the statutory LBO ceiling of 50% funding for urban agencies and 60% funding for rural agencies by FY2027. This bill package would have gotten us there.
Lame Duck Week 4: Dec 3-5
Toll Road Enabling Legislation
🔴 Bill died in the House
House Bill 6256 , introduced on Thursday, December 5th by Rep. Martus (D-Flushing), would have laid a framework for a tolling authority as previously discussed by both chambers of the legislature . The bill did not receive a committee hearing.
Lame Duck Week 3: Nov 26-27
Electric Vehicle Charging at Rest Areas
🔴 Bill package died in the House
House Bills 6177, 6178, and 6179, introduced on Tuesday, November 26th by Rep. Skaggs (D-East Grand Rapids) , would have allowed for, funded, and required permits for the construction and maintenance of electric vehicle charging ports, respectively, at MDOT rest areas, welcome centers, and Park and Ride lots. The package did not receive a committee hearing.
Lame Duck Week 2: Nov 12-14
Peer-to-Peer Car Sharing
🟢 Bill package has passed the House and Senate
House Bills 5949, 5950, and 5951 passed the House on Thursday, November 14th by a vote of 101-1 after being favorably reported from the House Committee on Regulatory Reform on Tuesday, October 15th.
The package was favorably reported from the Senate Committee on Regulatory Affairs on Wednesday, December 11th and passed the full Senate 33-2 on Thursday, December 19th.
Read my previous coverage from the end of Week 64.
Road and Bridge Disaster Relief Fund
🔴 Bill died in the Senate
Testimony on House Bill 5945 , introduced by Rep. Shannon (D-Sterling Heights) and Rep. Conlin (D-Ann Arbor), was heard during a dedicated meeting of the House Committee on Transportation, Mobility, and Infrastructure on Thursday, November 14th following the regularly scheduled meeting on November 12th. This bill would allocate $5M in annual gas tax revenue, up to a limit of $50M, for repairs to roadways and bridges should a state of emergency be declared. A new board comprised of various state and local officials would be established to oversee distribution of these funds.
The bill passed the House 56-53 on Wednesday, December 11th.
Wayne County Transit
🟢 Bill has passed the House and Senate
House Bill 6088 , introduced on Wednesday, November 13th by lead sponsor Rep. Farhat (D-Dearborn), would amend Public Act 196 of 1986 (the Public Transportation Authority Act) to remove provisions which currently allow individual municipalities to withdraw from a local public transportation authority that levies an operating millage. As introduced, the bill was written such that the changes apply only to a county with a population of 1.5 million or more; Substitute H-1 lowered this threshold to 1.1 million. Therefore, Wayne County and Oakland County are both subject to this legislation.
The WCTA is the pass-through organization which levies the SMART operating millage. The ultimate effect of this bill will be the elimination of opt-out communities in Wayne County. See the House Fiscal Agency analysis for the complete summary.
Disclosure: I assisted with the sourcing of historical data and background information that informed portions of this analysis. The House Fiscal Agency maintained independent editorial control over the final publication.
Testimony was heard in the House Committee on Local Government and Municipal Finance on Thursday, November 14th. The bill was then favorably reported from committee by a vote of 8-3. The recording is available on House TV .
The bill passed the House on Tuesday, December 10th by a vote of 56-52. Watch the vote starting at timecode 3:23:00.
The bill passed the Senate on Friday, December 20th by a vote of 20-18 following a number of floor speeches, which are available on Senate TV starting at timecode 1:38:48 (10:23:18 AM).
Vulnerable Roadway Users
🔴 Bill package died in the House
Senate Bills 617 and 618, part of a package which creates and enforces stricter penalties for harming Vulnerable Roadway Users , were reported favorably from the House Committee on Transportation, Mobility, and Infrastructure on Tuesday, November 12th, but were never placed on third reading.
E-Bike Incentive
🔴 Bill died in the Senate
House Bill 4491 , the statewide e-bike incentive, was placed on third reading on Wednesday, November 13th and, following additional amendments, passed the House on party lines one month later on Friday, December 13th.
The version of HB 4491 that passed the House is Substitute H-5, which modified the incentive to $500 or 90% for income-qualified residents, whichever is less. General eligibility for other Michigan residents was stricken from the bill. Concessions had to be made to get the 56 votes in the House; Rep. Rogers , the bill sponsor, said so herself in this Twitter thread .
I fully understand the Senate could only salvage so much from the collapse of the House, but seeing this bill on the cutting room floor still stings.
I stand ready to continue educating legislators along with the League of Michigan Bicyclists and other organizations which support this bill should it be reintroduced.
Two-Person Crews for Freight Train Operations
🔴 Bill died in the House
Senate Bill 100, previously shelved due to federal enforcement of this policy , was reported favorably from the Senate Committee on Transportation and Infrastructure on Tuesday, November 12th at 10:30am in advance of the new presidential administration taking office. It was discharged from consideration by the House committee, but was never placed on third reading.
Jared Cassity of the SMART Union (Sheet Metal, Air, Rail and Transportation Workers) shared a powerful example of why more than one crew member on a freight train is necessary during last April's testimony on Senate Bill 100.
Lame Duck Week 1: Nov 5-7
Speed Cameras in Construction Zones
🟢 Bill package was signed into law on December 10th
House Bills 4132 and 4133 , which passed the House in June 2023 and were reported from the Senate Committee on Transportation and Infrastructure this past May, passed the Senate on Thursday, November 7th and await Governor Whitmer's signature. These bills will “prescribe penalties, including written warnings and civil fines, for exceeding the posted speed limit in a work zone by 10 miles per hour, as evidenced by an automated speed enforcement system.”
Stop-Arm Cameras on School Buses
🟢 Bill package was signed into law on December 10th
House Bills 4928, 4929, and 4930 , which passed the House last November, passed the Senate on Thursday, November 7th, 2024 and await Governor Whitmer's signature. These bills would create and enforce fines for motorists who fail to stop for a school bus as required by law. HB 4928 in particular would newly require motorists to stop even when physical barriers separate traffic, such as on a divided highway, if a crosswalk or pedestrian walkway is present.
Remote Participation for Members of Public Bodies
🔴 Bill died in the House
Senate Bill 870 , introduced in May 2024, passed the Senate on Thursday, November 7th and now awaits a hearing in the House Committee on Government Operations. This bill would allow disabled members of a public body to request remote participation as an accommodation.
This isn't strictly transportation-related, but as an advocate who attends and documents various public bodies, I'm happy to see this legislation move forward.
Important to note: This bill pertains only to those who wish to sit on a public body, not members of the public who wish to attend said meetings. Public bodies, of course, can (and often do) allow the public to participate remotely, but they are not legally required to do so.
I would love to see future legislation go further. Civic engagement should be virtually accessible to all, and disabled individuals should be included by default, not by exception.
The Advocates' Wishlist
🔴 Update 12/20: Unfortunately, all of the bills mentioned below have died and will need to be reintroduced in the 103rd Legislature.
First thing's first: Everybody breathe.
Transit advocates are in for a rough four years at the federal level. There's no denying that. I focus mainly on state-level policy when writing here, so I'll say this: Remember that only the State House majority will flip when the 103rd Legislature takes office. The Senate and Governor Whitmer will still have the capacity to keep its power in check until at least 2026, which means it's unlikely we'll see any full reversals of the policy reforms the current legislature has enacted up to this point.
That said: When the 102nd Legislature adjourns sine die in December, any bills that haven't reached the Governor's desk will be lost. Legislation can always be reintroduced under a new number and sponsor, but unless extraordinary compromise deals are reached next year, the most progressive policies advocates are fighting for will be dead. This includes but is not limited to:
- Sustainable public transit funding through SOAR reform or other means
- Public power and community solar
- Tenants' rights and rent control
- Water affordability and polluter pay
- Driver's licenses for undocumented immigrants
- Single payer healthcare
I'm locked in on covering transit as it's my area of expertise, but freedom of movement and access to opportunity is just one piece of a larger social fabric. All of these priorities are connected and of equal importance, and I support my fellow advocates who've been fighting for action on them for the better part of two years.
Our goal is to push legislators to act on as many of these priorities as possible over the next month. It's a tall order, and we might not get everything, but we must try. Organizers: Now's the time to arm yourself with those spreadsheets and plan those action days on the Capitol lawn. Ask your legislators and their staff when their last few coffee hours of the year will be, and take those opportunities to get in front of them. And as always, send emails and make calls. Personal messages are always better than using action alert forms, but use whichever method is most accessible to you: What's most important is that your lawmakers hear your voice.
The House and Senate both have four scheduled weeks – eleven session days – remaining on the 2024 calendar. While subject to change at the discretion of chamber leadership, Thursday, December 19th is the tentative final session day of the 102nd Legislature.
Good luck, advocates. We are on the clock.