2025 House Resolution 41

Whereas, Article IV, Section 13 of the Michigan Constitution states, in part, that “The legislature shall meet at the seat of government on the second Wednesday in January of each year at twelve o’clock noon. Each regular session shall adjourn without day, on a day determined by concurrent resolution, at twelve o’clock noon”; and

Whereas, The second regular session of the One Hundred Second Legislature adjourned for the last time on January 1, 2025; and

Whereas, Pursuant to the requirements of Article IV, Section 13 of the Michigan Constitution, the Representatives-elect to the House of Representatives for the One Hundred Third Legislature assembled in Representative Hall in the Capitol at Lansing on Wednesday, January 8, 2025, at 12 o’clock noon for the purpose of taking and subscribing to the constitutional oath of office and organizing and proceeding with the business of the first regular session of the One Hundred Third Legislature; and

Whereas, Article IV, Section 13 of the Michigan Constitution also states that “Any business, bill or joint resolution pending at the final adjournment of a regular session held in an odd numbered year shall carry over with the same status to the next regular session”; and

Whereas, The implication of this final sentence of Article IV, Section 13 of the Michigan Constitution is that any business pending at the final adjournment of a regular session held in an even-numbered year does not carry over to the next regular session of a new Legislature; and

Whereas, The business of a Legislature includes the presentation to the Governor of enrolled bills that have passed both houses of that Legislature; and

Whereas, The business of the One Hundred Second Legislature pending at the final adjournment of that Legislature on January 1, 2025, did not carry over to the first regular session of the One Hundred Third Legislature; and

Whereas, Until the House of Representatives for the One Hundred Third Legislature was organized, under Section 4 of 1877 PA 67, MCL 4.44, it was the duty of the Clerk of the House of Representatives for the preceding House of Representatives, being the House of Representatives of the One Hundred Second Legislature, to “call to order and preside over the house until a speaker, or speaker pro tempore, is elected,” and to “act as clerk of the house until his successor is elected”; and

Whereas, By unanimously adopting House Resolution 3 of 2025 on January 8, 2025, the House of Representatives elected Scott E. Starr to the office of Clerk of the House of Representatives for the One Hundred Third Legislature, ending the duties of the Clerk of the House of Representatives for the One Hundred Second Legislature; and

Whereas, Article IV, Section 16 of the Michigan Constitution provides, in part, that “Each house . . . shall choose its own officers and determine the rules of its proceedings”; and

Whereas, By adopting House Resolution 1 of 2025 on January 8, 2025, the House of Representatives prescribed the Standing Rules of the House of Representatives for the One Hundred Third Legislature, in accordance with Article IV, Section 16 of the Michigan Constitution; and

Whereas, In the One Hundred Third Legislature, the House of Representatives and the Senate have not adopted any joint rules; and

Whereas, Rule 19 of the Standing Rules of the House of Representatives for the One Hundred Third Legislature provides, in part, that “When a House bill has been finally passed by the two houses, the Clerk shall present to the Governor an enrolled copy thereof.” Because these rules were adopted for the One Hundred Third Legislature, this provision of Rule 19 only applies to House bills finally passed by both houses of the One Hundred Third Legislature; and

Whereas, Nothing in the Standing Rules of the House of Representatives for the One Hundred Third Legislature permits the Clerk of the House of Representatives for the One Hundred Third Legislature or any other officer of the House of Representatives for the One Hundred Third Legislature to conduct the business of the One Hundred Second Legislature or any other prior Legislature by presenting to the Governor a bill that passed both houses of a prior Legislature but that has not passed both houses of the One Hundred Third Legislature; and

Whereas, After the convening of the One Hundred Third Legislature, presentation to the Governor of any bills passed by both houses of the One Hundred Second Legislature, or the conduct of any other business relating to the One Hundred Second Legislature or its bills, would not be in compliance with the Standing Rules of the House of Representatives for the One Hundred Third Legislature; and

Whereas, Given the accountability of this House of Representatives to the voters who elected its members, it is imperative that its rules of procedure be adopted by a majority of its members and that those rules be administered in a manner that reflects the will of a majority of the members of this House of Representatives; now, therefore, be it

Resolved by the House of Representatives, That the Clerk of the House of Representatives is hereby directed to only present to the Governor enrolled House bills finally passed by both houses of the One Hundred Third Legislature; and be it further

Resolved, That copies of this resolution be transmitted to the Clerk of the House of Representatives, the Governor, and the President of the Senate.