MichiganVotes

June 14, 2013 Weekly Roll Call Report

admin5 — Fri, 14 Jun 2013 17:25:00 GMT

House Bill 4714, Accept federal health care law Medicaid expansion: Passed 76 to 31 in the House
To expand Medicaid eligibility to families and childless adults up to 138 percent of the federal poverty level, which implements a key component of the federal health care law (aka “Obamacare”). Under that law, the feds are supposed to pay 100 percent of the expansion’s cost during the first three years, with the state responsible for not more than 10 percent of the costs starting in 2020. The House-passed version of the bill does not contain a provision in the original requiring the federal government to approve certain cost-saving state Medicaid reforms before the expansion may proceed. All but one Democrat voted "yes," and a majority of Republicans (30 out of 59) in the Republican-controlled House voted "no."

House Bill 4813, Create process for dissolving fiscally-failed school districts: Passed 58 to 49 in the House
To establish criteria and procedures for dissolving a school district that has become so financially unviable that it can no longer educate students, and for attaching the failed district’s territory to one or more nearby school districts. The bill was introduced after the Buena Vista and Inkster school districts reached this state shortly before the end of the 2012-2013 school year.

Senate Bill 284, Authorize electric bill surcharge for low income heating subsidies: Passed 86 to 21 in the House
To authorize imposing a $1 per month surcharge on customer electric utility bills, and use the money to provide up to $50 million annually in low income home heating subsidies.

Senate Bill 163, Revise wetland use permit details: Passed 66 to 42 in the House
To expand certain exemptions to a state wetland permit mandate, increase some wetland permit fees and reduce others, require permit denials to document their rationale and authority, authorize grants to local governments to create “wetland mitigation banks,” slightly reduce wetland regulatory burdens imposed on county drain commission projects, slightly increase the state's burden to justify restrictions on an owner's use of his or her property, prohibit the Department of Environmental Quality from imposing regulations that are beyond the scope of those required by federal law, and make other changes to these land use restrictions.

House Bill 4743, Allow local holiday fireworks regulations: Passed 37 to 0 in the Senate
To allow local governments to ban the use of "consumer fireworks" between midnight and 8:00 a.m. on the day before, day of, and day after a national holiday (in larger communities the allowable deadline would be 1:00 a.m. on New Years). The 2012 law legalizing these fireworks (which include firecrackers, bottle rockets, aerial spinners, Roman candles, etc.) essentially preempted local bans on their use at all hours during these holiday periods.

House Bill 4328, Final 2013-14 state budget: Passed 63 to 46 in the House
The final House-Senate compromise version of the non-education portion of the state government budget for the fiscal year that begins on Oct. 1, 2013. This would appropriate $34.392 billion, compared to $34.355 billion the previous year. (When interdepartmental transfers are deducted the amounts are slightly lower.)
When amounts appropriated for education are added (see House Bill 4228), the state budget for the next fiscal year will be $49.520 billion, of which $19.331 billion is federal money. Total state spending from state taxes, fees, fines, etc. will be $30.189 billion, a 4.0 percent increase over the previous year.

House Bill 4328, Final 2013-2014 state budget: Passed 24 to 14 in the Senate
The final House-Senate compromise version of the non-education portion of the state government budget for the fiscal year that begins on Oct. 1, 2013. See description above.

House Bill 4459, Prohibit TIFA “capture” of Detroit Zoo or Arts tax money: Passed 38 to 0 in the Senate
To prohibit the “capture” by a local Tax Increment Finance Authority (such as a Downtown Development Authority) of regional property taxes imposed to subsidize the Detroit Zoo and the Detroit Institute for the Arts.

Senate Bill 300, Establish and impose minimum indigent defense standards: Passed 32 to 6 in the Senate
To establish statewide standards and accountability measures for court-appointed attorneys who represent indigent criminal defendants, and establish a process by which all counties in the state would be required to conform with the standards. If a local government failed to adopt them, a state commission could take over its indigent defense administration, and impose a gradually increasing portion of the state’s costs for this, up to 40 percent. Locals would be responsible for maintaining funding at current levels, and all this would be subject to a detailed appeals process. The bill authorizes but does not fund state grants to cover increased costs.

Senate Bill 271, Revise corporate and developer subsidy regime: Passed 36 to 2 in the Senate
To increase the maximum amount of state “community revitalization” subsidies that can be awarded to a particular developer, corporation or other special interest, from $1 million to $2.5 million. The bill would also eliminate various statutory prescriptions and restrictions on how the political appointees on the Michigan Strategic Fund board may spend state revenues allocated to this subsidy program, and delete certain disclosure and reporting requirements.

Senate Bill 272, Authorize corporate and developer “port facility” subsidies: Passed 37 to 1 in the Senate
To expand the mission of the "Michigan Strategic Fund" agency to include providing undefined subsidies for corporations, developers and other entities involved in port facilities.

June 7, 2013 Weekly Roll Call Report

admin5 — Fri, 07 Jun 2013 19:42:00 GMT

Senate Bill 173, Ban local mandates that private employers must grant employee leave: Passed 25 to 13 in the Senate
To preempt local governments from adopting ordinances or policies that require private sector employers to provide paid or unpaid employee leave that is not required under state or federal law. This is related to a nationwide campaign promoted by left-of-center groups and unions to lobby for such local mandates.

House Bill 4664, Allow pension double-dipping by some “retired” prison workers:
To repeal a Sept. 30, 2013 sunset on a 2012 law that “temporarily” allowed retired prison employees to simultaneously collect pension benefits and a regular paycheck for going back to work in a prison. Under current law, prison guards can retire and begin collecting pension checks as young as age 51 in some cases.

House Bill 4465, Reduce rigor of high school graduation standards: Passed 81 to 26 in the House
To revise wording in the state's high school graduation curriculum requirements in ways that generally reduce the rigor of foreign language and math standards; and which also revises details of physical education and arts standards.
Under current law (and subject to many exceptions), to get a diploma a student must complete four credits in "English language arts," three in science including biology and either chemistry or physics; four in math including at least algebra I, geometry, and algebra II; three in social science including U.S. and world history and geography; one health and physical education credit; and one credit in visual, performing, or applied arts.

House Bill 4234, Vehicle trade-in “sales tax on the difference”: Passed 100 to 7 in the House
To exempt from sales tax the value of a trade-in on the purchase of a new vehicle, recreational vehicle or titled watercraft. The buyer would only pay sales tax on the difference between the value of the trade-in and the purchase price of the new item. This vehicle part of this would eventually save new car buyers (and/or dealers) some $220 million annually when fully phased-in after six years. The bill does not specify what spending items would be cut or other taxes raised to make up this foregone revenue.

House Bill 4669, Increase annual ORV tax: Passed 70 to 39 in the House
To increase the annual off road vehicle license tax from $16.25 to $26.25 for a license that does not authorize operation on state ORV trails, and $36.25 for one that does.

House Bill 4665, Increase landfill tipping fees: Passed 62 to 47 in the House
To extend until Sept. 30, 2015 a “temporary” increase from 7 cents to 12 cents on the per-cubic yard state “tipping fee” tax imposed on dumping in landfills, which was authorized by a 2011 law.

House Bill 4668, Revise, increase hunting and fishing license fees: Passed 77 to 32 in the House
To revise the structure of hunting and fishing license fees in a manner that would increase license fees for most sportsmen. For example, the cost for a resident to hunt deer would go from $15 to $31, and the minimum fishing license cost would increase from $15 to $26. The House Fiscal Agency reports this would extract an additional $19.7 million annually from sportsmen.

Senate Bill 175, Undo National Guard pension reform: Passed 91 to 14 in the House
To largely reverse a 2010 reform that eliminated "defined benefit" pensions for future state Adjutant Generals and Assistant Adjutant Generals, and instead provided 401k benefits. The bill would mostly restore the conventional pension benefits. It would also revise various other Michigan National Guard organizational details. The 2010 reform was adopted following reports of AGs being granted generous state pensions based on limited state service ($78,000 to $133,000 for 1.5 years to 13 years service). The House version slightly limits eligibility for these benefits compared to the pre-2010 system (but also contains several exceptions to the new limits).

May 31, 2013 Weekly Roll Call Report

admin5 — Fri, 31 May 2013 17:45:00 GMT

House Bill 4228, Final 2013-14 state education budget: Passed 25 to 12 in the Senate
The final House-Senate compromise version of the K-12 school aid, community college and university budgets for the fiscal year that begins Oct. 1, 2013. This authorizes $13.361 billion for K-12 public schools (a record high in nominal terms), compared to $12.944 billion the previous year; $1.430 billion will go to state universities, compared to $1.399 billion the previous year; and $335 million to community colleges, up from $294 million. Of these amounts, $1.861 billion is federal money.
Some highlights include: A $30 per pupil "foundation allowance" increase for school districts, and $60 for ones whose spending is at the lower end. Spending on preschool programs will increase by $65.0 million to $174.6 million. Students in grades 5 to 12 will be allowed to take up to two online courses per term. Universities would get less money if they raise tuition more than 3.75 percent.

House Bill 4705, Refund excess property tax collected by school district on retired debt: Passed 36 to 0 in the Senate
To require a school district (Stephenson in the Upper Peninsula) that collected a property tax millage for bonds that were already paid off (retired) to transfer the excess revenue it collected to the state. The overcharge would then be given back to local taxpayers by reducing the amount of state education property tax on their next tax bill.

House Bill 4743, Allow local holiday fireworks regulations: Passed 107 to 1 in the House
To allow local governments to ban the use of "consumer fireworks" between midnight and 8:00 a.m. on the day before, day of, and day after a national holiday (in larger communities the allowable deadline would be 1:00 a.m. on New Years). The 2012 law legalizing these fireworks (which include firecrackers, bottle rockets, aerial spinners, Roman candles, etc.) essentially preempted local bans on their use at all hours during these holiday periods.

House Bill 4681, Repeal auctioneer registration mandate: Passed 84 to 21 in the House
To repeal a law that imposes a registration (licensure) mandate on auctioneers, which requires two years experience in the field and passing a test. A recent state report on occupational licensing recommended repeal, noting there have been no auctioneer-related public complaints to the state in the past three years. Nevertheless, existing auctioneers testified against the repeal, which among other things would remove an obstacle to new competitors entering the field.

House Bill 4228, Final 2013-14 state education budget: Passed 65 to 43 in the House
The final House-Senate compromise version of the K-12 school aid, community college and university budgets for the fiscal year that begins Oct. 1, 2013. See description and Senate vote above.

May 17, 2013 Weekly Roll Call Report

admin5 — Fri, 17 May 2013 17:35:00 GMT

Senate Bill 198, Amendment to accept federal health care law Medicaid expansion: Failed 13 to 25 in the Senate
To accept $1.53 billion in federal money to expand Medicaid eligibility under the terms of the federal health care law ("Obamacare"). The amendment offered by Democratic Sen. Vincent Gregory would also shift $181 million in current state health care spending onto the federal budget, making those funds available for other purposes in the short-term, but the terms of the expansion would require more money from State of Michigan taxpayers in a few years. Republican Sen. Roger Kahn joined all Democrats in voting "yes." This vote is not necessarily the final answer on this issue.

Senate Bill 347, Expand state housing subsidy agency powers: Passed 36 to 2 in the Senate
To empower the Michigan State Housing Development Authority (MSHDA) to use money in reserve funds to “invest” (buy ownership interest) in companies or nonprofits whose “primary purpose is to acquire ownership interests in multifamily housing projects” (and not necessarily build new ones).

Senate Bill 345, Authorize more state government housing subsidy debt: Passed 34 to 4 in the Senate
To repeal a requirement that the Michigan State Housing Development Authority (MSHDA) must scale back its debt from a “temporary” maximum of $4.2 billion authorized in 2012, to $3.4 billion after Nov. 1, 2014, subject to some exceptions. The borrowed money is used to provide taxpayer-backed mortgage loan guarantees, subsidies and more.

Senate Bill 335, Extend Medicaid "gamesmanship" insurance tax: Passed 25 to 13 in the Senate
To extend from 2014 to 2018 the sunset on a 1 percent health insurance claims tax intended to “game” the federal Medicaid system in ways that result in higher federal payments to Michigan’s medical welfare system. As introduced the bill would have eliminated the sunset and empowered the Department of Treasury to raise the tax without any further authorization by the legislature.

House Bill 4283, Expand allowable deer hunting guns south of “rifle line”: Passed 106 to 0 in the House
To expand the types of firearms allowed for deer hunting south of the “rifle line” in the Lower Peninsula. In addition to shotguns and muzzle-loading rifles, hunters could also use .35 caliber or larger repeating pistols, and certain .35 caliber or larger straight-walled rifle cartridges (but not modern "high-power" rifle rounds that carry for very long distances). Long-range rifles have traditionally not been allowed for deer hunting in the more densely-populated part of the state south of an uneven boundary located at roughly the same latitude as Mount Pleasant.

House Bill 4705, Refund excess property tax collected by school district on retired debt: Passed 108 to 0 in the House
To require a school district (Stephenson in the Upper Peninsula) that collected a property tax millage for bonds that were already paid off (retired) to transfer the excess revenue it collected to the state. The overcharge would then be given back to local taxpayers by reducing the amount of state education property tax on their next tax bill.

House Bill 4168, Repeal mandate for sheriffs to kill unlicensed dogs: Passed 106 to 0 in the House
To repeal a 1919 law that requires county sheriffs to locate and kill all unlicensed dogs, and which defines failure to do so as nonfeasance in office.

House Bill 4363, Ban local governmental body “phone-in” voting: Passed 92 to 14 in the House
To establish that if a member of a public body is allowed to cast a vote on a decision by the body without being physically present, it is a violation of the state Open Meetings Act.

May 3, 2013 Weekly Roll Call Report

admin5 — Fri, 03 May 2013 16:11:00 GMT

House Bill 4118, Require drug testing of welfare applicants: Passed 77 to 33 in the House
To require drug testing of state welfare benefit recipients or applicants if an "empirical screening tool" indicates a reasonable suspicion, and prohibit benefits for six months if a person tests positive a second time (or refuses "treatment" the first time). This would begin as a one-year pilot program in three counties.

House Bill 4388, Ban welfare benefits for truancy scofflaws: Passed 78 to 32 in the House
To require welfare recipients who have school age children to ensure the children attend school or else lose benefits, and require the state welfare agency to promulgate rules to make it so. If the child is age 16 or 17 he or she would be "removed" from the welfare "program group," meaning the family and/or household.

House Bill 4291, Require full tax audit details be given to audit target: Passed 110 to 0 in the House
To require the Department of Treasury to provide a person or business who has been audited with a complete copy of the auditors' working papers, findings, and all the correspondence and documentation which formed a basis for audit determinations. Also, to require such audits to conform with standards the department would have to establish within one year, covering audit evidence, understanding of the audited entity, documentation and much more. The bill is part of a package of reforms related to business complaints regarding state audit procedures.

House Bill 4458, Prohibit TIFA “capture” of Detroit Zoo or Arts tax money: Passed 104 to 4 in the House
To prohibit the “capture” by a local Tax Increment Finance Authority (such as a Downtown Development Authority) of regional property taxes imposed to subsidize the Detroit Zoo and the Detroit Institute for the Arts.

Senate Bill 97, Repeal child car seat penalty waiver provision: Passed 92 to 16 in the House
To repeal a provision of the law mandating child car seats that waives penalties for a violation if the driver gets a car seat and brings the receipts to court. The bill would allow a court to waive this fine, but unlike current law, does not require it to.

Senate Bill 288, Give NRC duty of designating huntable game species: Passed 72 to 38 in the House
To give the state Natural Resources Commission (in addition to the Legislature) the power to designate a species as a huntable game species. The commission could not designate mourning doves as a game species, but potentially could designate wolves. Also, to allow members of the military to obtain hunting and fishing licenses for free.

Senate Bill 29, Mandate “bittering agents” in antifreeze: Passed 36 to 1 in the Senate
To mandate that antifreeze engine coolant sold at retail in Michigan must have a “bittering agent” added to make it unpalatable to children, dogs and other animals (who are attracted by the sweet taste of antifreeze, a deadly poison).

April 26, 2013, Weekly Roll Call

VotingMan — Mon, 29 Apr 2013 21:28:00 GMT

Senate Bill 182, Senate K-12 school aid budget: Passed 21 to 15 in the Senate
The Senate version of the K-12 school aid budget for the fiscal year that begins Oct 1, 2013. It would appropriate $13.225 billion for K-12 public schools, compared to $12.944 billion this year.

Senate Bill 193, Senate higher education budget: Passed 21 to 15 in the Senate
The Senate version of the higher education budget for the fiscal year beginning Oct. 1, 2013. This would appropriate $1.430 billion in gross spending, compared to $1.399 billion this year.

Senate Bill 199, Senate community colleges budget: Passed 21 to 15 in the Senate
The Senate version of the community colleges budget for the fiscal year that begins Oct. 1, 2013. This would appropriate $335.0 million in gross spending, compared to $294.1 million this year.

House Bill 4093, Make permanent a federally-imposed drunk driving standard: Passed 36 to 0 in the Senate
To make permanent the 2003 decrease in the drunk driving intoxication threshold (from .10 to .08 grams of alcohol per 100 milliliters of blood) that was mandated by the federal government as a condition of federal road funding

Senate Joint Resolution S, Place right to fish, hunt and trap in Constitution: Passed 25 to 11 in the Senate
To place before voters in the next general election a constitutional amendment to establish that the people have the right to fish, hunt and trap, and to harvest game and fish. The measure fell one vote short of the two-thirds majority needed to place an amendment on the ballot.

Senate Bill 288, Give NRC duty of designating huntable game species: Passed 25 to 11 in the Senate
To give the state Natural Resources Commission (in addition to the Legislature) the power to designate a species as a huntable game species. Also, to allow members of the military to obtain hunting and fishing licenses for free. The bill was changed on the floor to prohibit the commission from designating mourning doves as a game species, and to remove a modest appropriation intended to make it "referendum-proof."

Senate Bill 182, Prohibit funding higher education with "School Aid Fund" money: Failed 18 to 18 in the Senate
To not use tax revenues earmarked to the state School Aid Fund in the university and community college budgets, but instead use non-earmarked (general fund) revenue. Although the state constitution explicitly authorizes using SAF money for higher education, the public school establishment contends that the 1994 Proposal A initiative earmarking a sales tax increase to the SAF means it can only be used for K-12 schools. The same amendment failed in the House on a voice vote.

House Bill 4328, House budget for all non-education spending: Passed 59 to 51 in the House
The House version of the non-education portion of the state government budget for the fiscal year that begins on Oct. 1, 2013. This would appropriate $33.918 billion, compared to $34.018 billion this fiscal year. Of this, $15.802 billion comes from state tax, fee and other revenue, compared to $16.149 billion the previous year. The rest of this budget is federal money ($18.116 billion, compared to $17.869 billion the previous year).
The House budget does not include spending requested by the Governor from $1.2 billion in higher transportation taxes he has proposed, or $1.5 billion from the federal health care law’s expansion of Medicaid (which would supplant state money with federal in the short term but require more from Michigan taxpayers in future years).

House Bill 4228, House education budget: Passed 58 to 52 in the House
The House version of the K-12 school aid, community college and university budgets for the fiscal year that begins Oct 1, 2013. This bill would appropriate $13.235 billion for K-12 public schools, compared to $12.944 billion this year. It also appropriates $1.430 billion for state universities, compared to $1.399 billion this year. Community colleges would get $334 million, vs. $294 million this year.

April 19, 2013 Weekly Roll Call Report

admin5 — Fri, 19 Apr 2013 22:07:00 GMT

Senate Bill 35, Authorize criminal penalties for nonpayment of “administrative hearing bureau” fines: Passed 35 to 1 in the Senate
To authorize additional penalties for failing to pay fines imposed by “administrative hearing bureaus” that most cities are allowed to create for enforcing "blight violations" under a 2003 law. Under that law, cities already have the power to place a lien against the property. The bill would authorize additional fines of $500, 93 days in jail for a second offense, and up to a year for a third offense.

Senate Bill 38, Authorize wage garnishment for nonpayment of “administrative hearing bureau” fines: Passed 35 to 1 in the Senate
To allow a local government to garnish the wages of a property owner who has failed to pay fines imposed by “administrative hearing bureaus” that most cities are allowed to create for enforcing "blight violations" under a 2003 law.

Senate Bill 39, Authorize foreclosure for nonpayment of “administrative hearing bureau” fines: Passed 35 to 1 in the Senate
To allow a local government to foreclose on property owned by a person who has failed to pay fines imposed by “administrative hearing bureaus” that most cities are allowed to create for enforcing "blight violations" under a 2003 law.

Senate Bill 218, Repeal sunset on borrow-and-spend "water resource improvement authorities": Passed 92 to 16 in the House
To eliminate the sunset on local governments creating new "water resource improvement authorities," which use extra property tax levies and “tax increment financing” schemes to divert other taxing units' property tax revenue to cover debt service payments on debt they incur for various recreation and development projects. The bill would also expand the scope of activities and geographic limits of these entities, letting them borrow and spend for dredging among other things.

House Bill 4126, Revise horseback riding liability waiver: Passed 59 to 48 in the House
To revise a law limiting the liability of stables and equine event organizers for injury, death or property damage resulting from an inherent risk of an equine activity, by changing an exception allowing suits for “negligence” so that it instead only allows suits for “willful and wanton disregard” for participants' safety.

House Bill 4002, Increase interest to taxpayers owed refunds: Passed 107 to 0 in the House
To require the state to pay 3 percent in interest (annual rate) to a taxpayer who is due a tax refund because of an overpayment (including excessive "withholding"), starting 60 days after the claim is filed.

House Bill 4147, Revise basis of public-safety “special assessment” levies: Passed 57 to 50 in the House
To allow local police and fire "special assessment" levies that are imposed on top of regular property taxes to also be imposed on a flat-rate per parcel basis, rather than just on the assessed taxable value of each parcel (which is called “ad valorem” in the tax laws). Special assessments were originally intended to only fund improvements that especially benefit properties within a certain "district," but today are often imposed for core government services like public safety, and differ little from regular property taxes, except they are not subject to a vote of the people and other constitutional restrictions.

House Bill 4138, Ban Mich. National Guard or police from executing federal “indefinite detention”: Passed 109 to 0 in the House
To prohibit members of the Michigan National Guard or other state and local government employees and police from participating in the investigation, prosecution, or detention of any person under a recent federal law giving the President the power to order the indefinite detention of persons arrested on U.S. soil, without charge or trial (“section 1021 of the National Defense Authorization Act for 2012”).

April 12, 2013 Weekly Roll Call Report

admin5 — Fri, 12 Apr 2013 20:00:00 GMT

Y = Yes, N = No, X = Not Voting

Senate Bill 257, Expand “Business Improvement Zone” tax-and-spend entities: Passed 35 to 2 in the Senate
To expand the items that a “Business Improvement Zone” can spend money on, reduce the number of property owners in the district able to impose a zone's tax and spending powers and increase the number needed to dissolve them, increase the duration of the zones' powers to 10 years, reduce certain notification requirements required to establish one of these zones, allow the entity to sell services to particular property owners in the district, increase penalties for not paying the "special assessments" it imposes, and make other changes. These zones may be created by owners of a majority of the property in a certain area (not the same as the majority of owners), and have the power to impose property taxes (special assessments) to pay the debt the zone incurs to pay for projects that are supposed to benefit property owners in the zone.

Senate Bill 165, Require disclosure of medical futility policies: Passed 36 to 0 in the Senate
To require a hospital, health facility or agency that maintains a written policy that encourages or allows a health care professional to withhold or discontinue treatment on the grounds of "medical futility" to provide a copy of the policy to a patient or resident upon request.

Senate Bill 92, Impose licensure on pharmacy assistants: Passed 35 to 1 in the Senate
To impose licensure and regulation on "pharmacy technicians" (assistants), with license fees, continuing education requirements, test-taking mandates and more.

House Bill 4139, Eliminate “peace bonds”: Passed 88 to 22 in the House
To repeal a section of criminal law that authorizes a judge to order a “peace bond” from an individual who has threatened to commit an offense against the person or property of another. This is not the same as the much more common "personal protection orders" used in domestic violence, stalking and similar cases, and there are concerns that peace bonds have been used to abridge individuals' free speech rights.

House Bill 4262, Revise ban on carrying dangerous weapons details: Passed 107 to 2 in the House
To revise details of the law prohibiting carrying concealed edged weapons “with unlawful intent.” The new language would replace references to specific types of blades with language that prohibits carrying an “object designed, manufactured, or intended to be used to cause death or injury.” The bill also clarifies that the prohibition does not apply to weapons being transported to the field if they are securely encased and not readily accessible for immediate use.

Senate Bill 123, Expand local convention facility authorities: Passed 100 to 10 in the House
To allow the Grand Rapids and Kent County convention facility authorities to borrow and spend more to build or buy a second facility, including a "market" or a sports facility (which could include an arena or stadium). The bill would also eliminate the 12 year term limits on members of these entities' boards.

House Bill 4026, Require review and posting of inter-government agreements: Passed 109 to 0 in the House
To require that before a state agency or a local government enters a cross-border memorandum of understanding, agreement, compact, or similar binding agreement with the federal government or another state, it must do a review to determine it does not exceed its authority or violate the state constitution. Information on each agreement would also be forwarded to the Attorney General (who would not be required to do anything with it) and posted on a state web site. Existing agreements that are legally binding would also have to be posted on this state website. In 2012, Gov. Rick Snyder vetoed a nearly identical bill that passed the legislature with no votes in opposition.

March 22, 2013 Weekly Roll Call Report

admin5 — Fri, 22 Mar 2013 18:24:00 GMT

Y = Yes, N = No, X = Not Voting

House Bill 4369, Codify “education achievement authority” for failed schools: Passed 57 to 53 in the House
To codify in statute the powers and structure of a state “education achievement authority” (already created by means of an administrative “interlocal agreement”), which is an office in the Department of Education tasked with managing, overseeing or contracting-out the operations of public schools deemed to have failed academically.

House Bill 4093, Make permanent a federally-imposed drunk driving standard: Passed 110 to 0 in the House
To make permanent the 2003 decrease in the drunk driving intoxication threshold (from .10 to .08 grams of alcohol per 100 milliliters of blood) that was mandated by the federal government as a condition of federal road funding.

House Bill 4378, Repeal interior designer registration: Passed 110 to 0 in the House
To repeal a law that establishes a government interior designer registry and makes it available to state or local government agencies. To be included on the registry a designer must have passed a test created by a national organization of incumbent interior designers. This organization has sought repeatedly in this state to impose a full licensure and regulatory regime on interior designers, with several bills introduced in previous legislatures. The bill was amended to leave in place a peculiar provision "allowing" interior designers provide design services (explicit government permission is generally not required to practice a non-licensed occupation in this country).

House Bill 4320, Expand forest property tax breaks: Passed 94 to 16 in the House
To expand the eligibility for property tax breaks granted to owners of smaller forest property parcels (a separate program gives breaks to large "industrial" forest tracts and requires those owners to allow public recreational access). The bill would also double the number of acres eligible for these smaller "qualified forest" tax breaks from 1.2 million to 2.4 million statewide, authorize a new 2 mill property tax on property in this program that would go to proposed "Private Forestland Enhancement Fund" to subsidize private forestland management activities, and revise other details of this program.

Senate Bill 252, Authorize state subsidies for marina dredging projects: Passed 106 to 4 in the House
To appropriate $1 million for state subsidies to private marinas for harbor dredging. The state would pay 5 percent of bank loans of up to $500,000 per marina.

Noteworthy Committee Hearings and Action

Perhaps the most newsworthy committee events this week involved “non-actions” by appropriations subcommittees related to next year's budget. Specifically, budget bills advanced by these committees did not include plans to spend $1.2 billion from new road money taxes Gov. Snyder has requested. Also, they did not include plans to spend money the state would get from the federal government for an optional Medicaid medical welfare program expansion that is part of the federal health care law (widely referred to as “Obamacare”), meaning that majorities on these committees are not prepared to commit the state to that expansion.

These are the very first steps in a budget process that will not be completed before June, and during which these items may be revived. A related “non-event” was the Senate choosing not to vote on House Bill 4111, passed by the House on Feb. 28, which would appropriate $30.5 million in federal grant money to set up a consumer assistance call center associated with insurance subsidies provided by the federal health care law.

In the previous week, House committees advanced several bills of interest:
-- House Bill 4026, the reintroduction of a unanimously-passed bill vetoed by Gov. Snyder last year to require to require state agencies local governments to review the constitutionality of cross-border agreements with the federal government or another state.
-- House Bill 4249, to preempt local governments from adopting ordinances or policies that require private sector employers to provide paid or unpaid employee leave that is not required under state or federal law.

Thursday was the last session day before the Legislature retires for a two-week spring break.

March 15, 2013 Weekly Roll Call Report

admin5 — Fri, 15 Mar 2013 19:30:00 GMT

Y = Yes, N = No, X = Not Voting

Senate Bill 96, Do NOT vote on right-to-work repeal "discharge motion": Passed 26 to 11 in the Senate on March 14
To NOT hold a vote on a motion to discharge from committee a bill repealing the Michigan right-to-work law passed last December, which if a approved would bring the bill directly to the full Senate for consideration. The motion to discharge was brought by Democratic Sen. Tupac Hunter of Detroit; the actual vote was on "postponing the motion for the day."

Senate Bill 252, Spend $1 million on marina dredging subsidies: Passed 37 to 0 in the Senate
To appropriate $1 million for state subsidies to private marinas for harbor dredging. The state would pay 5 percent of bank loans of up to $500,000 per marina.

Senate Bill 234, Ducks Unlimited fundraising plate: Passed 37 to 0 in the Senate
To require the Secretary of State to develop a Ducks Unlimited fundraising license plate, with most of the fees collected for the plate going to the Michigan Chapter of Ducks Unlimited, and some spent on wetland conservation "education and outreach" campaigns.

House Bill 4337, Authorize Ducks Unlimited fundraising plate: Passed 110 to 0 in the House
To create a state fund to hold and disburse the Ducks Unlimited fundraising license plate proceeds that Senate Bill 234 would generate.

House Bill 4254, Exempt “electric carriages” from motor vehicle regulations: Passed 109 to 0 in the House
To exempt “electric carriages” from regulations and taxes authorized under the Michigan vehicle code. These are defined as “a horse-drawn carriage that has been retrofitted to be propelled by an electric motor instead of by a horse and that is used to provide taxi service.” The bill would benefit a Detroit operation called "Andre's Carriage Tours" by letting it operate statewide.

House Bill 4307, Revise county commission vacancy detail: Passed 75 to 35 in the House
To eliminate a requirement that a special election must be held when a county commissioner vacancy occurs during an odd numbered year. This would mean an appointee selected by the county board would fill the seat until the next regular election.

House Bill 4042, Require match of welfare applicants against incarceration lists: Passed 109 to 1 in the House
To require the Department of Human Services to perform a monthly jail and prison “incarceration match” and Social Security “death match” to help determine eligibility for a welfare and food stamp benefit “bridge cards,” and revoke the card of a person on those lists. This would codify in statute what is reportedly current department practice.

March 8, 2013 Weekly Roll Call Report

admin5 — Fri, 08 Mar 2013 20:16:00 GMT

Y = Yes, N = No, X = Not Voting

Senate Bill 94, Prohibit Michigan National Guard executing federal “indefinite detention”: Passed 37 to 0 in the Senate
To prohibit members of the Michigan National Guard or other state and local government employees from participating in the investigation, prosecution, or detention of any person under a recent federal law giving the current or a future President the power to order the indefinite detention of persons arrested on U.S. soil, without charge or trial (“Section 1021 of the National Defense Authorization Act for Year 2012”).

Senate Bill 123, Expand local convention facility authorities: Passed 37 to 0 in the Senate
To allow the Grand Rapids and Kent County convention facility authorities to borrow and spend more to build or buy a second facility, including a "market," or a sports facility (which could mean an arena or stadium). The bill would also eliminate the 12 year term limits on members of these entities' boards.

Senate Bill 78, Restrict setting aside state land for “biological diversity”: Passed 26 to 11 in the Senate
To prohibit the Department of Natural Resources from designating an area of state land specifically for the purpose of achieving “biological diversity;" no longer require the DNR to manage forests in a manner that promotes "restoration;" and remove from statute a legislative "finding" that most losses of biological diversity result from human activity.

Senate Bill 48, "Grandfather" bear cub petting zoos; ban new ones: Passed 56 to 52 in the House
To exempt current operations that permit the public to come into contact with bear cubs less than 36 weeks old and 90 pounds, but ban new ones. Reportedly the bill was introduced after Oswald's Bear Ranch in Newberry was ordered to halt this activity.

Noteworthy Committee Hearings and Action

The Senate Judiciary Committee advanced to the full body a package of bills (Senate Bills 35 to 39) that would add criminal penalties and other sanctions (including wage garnishment) for failing to pay fines imposed by “administrative hearing bureaus” that some cities are allowed to create to enforce "blight violations."

The House Commerce Committee heard testimony on a bill that would preempt local governments from adopting ordinances or policies that require private sector employers to provide paid or unpaid employee leave that is not required under state or federal law (House Bill 4249).

The House Education Committee held a hearing a bill on House Bill 4369, which would to codify in statute the powers and structure of a state “education achievement authority” (already created by means of an administrative “interlocal agreement”), which is an office in the Department of Education tasked with managing, overseeing or contracting-out the operations of public schools deemed to have failed academically.

February 22, 2013 Weekly Roll Call Report

admin5 — Fri, 22 Feb 2013 17:51:00 GMT

Y = Yes, N = No, X = Not Voting

Senate Bill 97, Repeal child car seat penalty waiver provision: Passed 35 to 1 in the Senate
To repeal a provision of the law mandating car seats for children under age four that waives penalties for a violation if the driver subsequently obtains a car seat and brings it or the receipts to court.

Senate Bill 135, Increase age of consent for teacher-student sex: Passed 32 to 4 in the Senate
To revise a law that defines sex between a teacher or school employee and a student age 16 or 17 as third degree criminal sexual contact (sex with a younger student is a more serious offense). The bill would raise that upper limit to include students age 18, 19 and 20 in the prohibition.

Senate Bill 44, Add more crimes to sex offender registry: Passed 106 to 3 in the House
To place on the state’s public sexual offender registry individuals who commit certain crimes deemed insufficiently serious to warrant this consequence, except that the victim is a minor. This would include indecent exposure, knowingly possessing child sexually abusive material, surveillance of an undressed individual, and knowingly restraining another person. The additions would be retroactive, so that individuals convicted of these offenses in the past now would have to place themselves on the sex offender registry. An amendment to remove the retroactivity was defeated on a voice-vote.

Senate Bill 60, Clarify legality of certain pistol sales: Passed 75 to 34 in the House
To make a technical change to a statutory reference to federal firearms dealers. Reportedly this is necessary because under current state law, many licensed dealers could be considered in violation every time they sell a pistol.

Noteworthy Committee Hearings and Action

A House committee voted to advance Senate-passed bills to overhaul the regulatory structure governing Blue Cross Blue Shield, without adding a controversial provision banning the insurer from providing elective abortion coverage except by an optional rider. This provision caused Gov. Rick Snyder to veto almost-identical bills late last year. The legislation, Senate Bills 61 and 62, would reduce restrictions on the nonprofit insurer's ability to own for-profit subsidiaries, and it would no longer be subject to close oversight by the state Attorney General. Reportedly, BCBS controls as much as 70 percent of the statewide health insurance market.

Another committee advanced House Bill 4093, which would make permanent the 2003 increase in the drunk driving intoxication threshold (from .06 to .08 blood alcohol level) mandated then as a condition of federal road funding.

A Senate committee heard testimony but did not vote on Senate Bill 123, which would expand the number of local governments allowed to borrow and spend for convention facilities, and let current convention authorities borrow and spend more to build a second facility.

A number of House and Senate appropriations subcommittees took testimony on various elements of Gov. Rick Snyder's budget recommendation for next year.

February 15, 2013 Weekly Roll Call Report

admin5 — Mon, 18 Feb 2013 13:32:00 GMT

Y = Yes, N = No, X = Not Voting

Senate Bill 51, Expand forest property tax breaks: Passed 35 to 0 in the Senate
To expand the eligibility for certain forest property tax breaks, increase their value, double the number of acres eligible for the tax breaks from 1.2 million to 2.4 million statewide, authorize a new 2 mill property tax on property in this program that would go to a proposed "Private Forestland Enhancement Fund" to subsidize private forestland management activities, and revise many other details of this program.

Senate Bill 48, Ease bear cub "petting zoo" restriction: Passed 26 to 9 in the Senate
To exempt bear cubs up to 36 weeks old from restrictions on the possession and handling of large carnivores older than 20 weeks. This would allow "petting zoos" and similar operations to let members of the public have contact with bear cubs. Reportedly the bill was introduced after Oswald's Bear Ranch in Newberry was ordered to halt this activity.

Noteworthy Committee Hearings

House and Senate appropriations subcommittees held informational hearings on Gov. Snyder’s request that they appropriate $30.5 million in federal grant money for a so-called “partnership exchange” under the federal “Patient Protection and Affordable Care Act,” a.k.a. Obamacare. This would be a federal health insurance subsidy and eligibility operation in which the state performs certain ancillary functions, as determined through negotiations with the U.S. Department of Health and Human Services, possibly including customer assistance. According to the Gongwer and MIRS news services, lawmakers had more questions than executive branch officials were able to answer at this time.

Recently Introduced Bills of Interest

Senate Bill 99: Expand school “sinking fund” uses to include security
Introduced by Sen. Howard Walker (R), to allow school districts to use “sinking fund” taxes for “school security.” Under current law, school sinking funds are permanent funds that may be used only for infrastructure-related spending including buying land, construction and major repairs. Schools can levy up to five mills for sinking funds. Since new operating expense millages were prohibited by a vote of the people in the 1994 Proposal A initiative, it is likely that the bill would require a 3/4 majority vote in the House and Senate, as required by the Constitution on any bill amending an initiative adopted by popular vote. Referred to committee, no further action at this time.

Senate Bill 128: Increase state Earned Income Tax Credit
Introduced by Sen. Bert Johnson (D), to increase the state earned income tax credit from an amount equal to 6 percent of the federal EITC, to 20 percent. This is a “refundable” credit for low income workers (meaning that a check is sent to the taxpayer for the balance of the credit exceeding taxes owed). According to a House Fiscal Agency analysis, this increase would cost $261 million annually. Referred to committee, no further action at this time.

Senate Bill 137: Ban abortion coverage in state "Obamacare“ exchange
Introduced by Sen. Mark Jansen (R), to prohibit the insurance “exchange” created under the federal health care law from providing policies that include coverage for abortion. A person could use their own money to buy an optional insurance policy rider that reimburses the costs of an abortion. Referred to committee, no further action at this time.

Senate Bill 169: Allow driverless car testing
Introduced by Sen. Mike Kowall (R), to allow the operation on highways of an automated “driverless” vehicle for testing purposes, subject to narrow conditions. A human operator would have to be present to monitor performance and intervene if necessary. Gov. Rick Snyder called for this in his 2013 State of the State address, and the bill was the subject of an informational hearing this week.

House Bill 4148: Authorize more community college bachelors degrees
Introduced by Rep. Mike Shirkey (R), to allow community colleges to grant bachelor degrees in nursing, “ski area management,” wastewater treatment technology, “allied health,” information technology, and manufacturing technology. This would be in addition to community college bachelor degrees authorized by a 2012 law, which included cement technology, maritime technology, energy production technology and culinary arts. Referred to committee, no further action at this time.

House Bill 4202: Impose “Amazon tax” on internet purchases
Introduced by Rep. Eileen Kowall (R), to impose the state sales tax on catalog or internet purchases made from a seller outside the state if the seller has an “affiliate” located in Michigan, in the manner pioneered by internet retailer Amazon**.*com. The bill has 17 cosponsors from both parties, and is the reintroduction of a 2011 bill that appeared to be part of a national lobbying campaign by “big box” retail stores. Referred to committee, no further action at this time.

February 1, 2013 Weekly Roll Call Report

admin5 — Fri, 01 Feb 2013 20:50:00 GMT

Y = Yes, N = No, X = Not Voting

Senate Bill 61, Convert Blue Cross to non-profit "regular" insurance company: Passed 36 to 0 in the Senate
To convert Blue Cross Blue Shield into a “mutual insurance company” and make it subject to the same regulations as regular health insurers. Although it would remain a non-profit, current restrictions on the entity's ability to own for-profit subsidiaries would be reduced, and it would no longer be subject to close oversight by the state Attorney General. In return for being granted this conversion, BCBS would pay "up to" $1.56 billion over 18 years (meaning it could be less) into a fund that would supplement various health-related government programs, with specific spending items selected by a board of political appointees. The bill does not include abortion restrictions that caused Gov. Snyder to veto the same measure when passed late last year.

Newly Introduced Transportation Funding Bills of Interest

In his annual State of the State address, Gov. Rick Snyder called on the Legislature to explore ways to find an additional $1.2 billion annually to spend on road repairs. This week the Senate responded with a package of tax hike bills.

Senate Joint Resolution J: Replace gas tax with higher sales tax
Introduced by Sen. Randy Richardville (R), to place before voters in the next general election a Constitutional amendment to impose a 2 percent sales tax increase, with at least 90 percent of the new revenue going to road projects, and most of the rest to municipal bus system subsidies. This would replace the state gas and diesel tax (see Senate Bill 85). At the proposed new 8 percent rate, Michigan would have the nation’s highest state sales tax (although higher rates are imposed in some local jurisdictions). Reportedly the measure is offered as a “Plan B” alternative to the large fuel and/or vehicle registration tax increases proposed by Senate Bills 87 and 88. Referred to committee.

Senate Bill 87: Replace current fuel taxes with higher wholesale tax
Introduced by Sen. Roger Kahn (R), to replace the current 19 cent per gallon gas tax and 15 cent diesel tax with a new tax based on the wholesale price of fuel, initially levied at a rate of 37 cents per gallon. This would also become the minimum gas tax rate even if wholesale prices fell. If wholesale prices rose the maximum tax would be 50 cents per gallon, but the rate could not rise more than a penny a year.

When added to current federal fuel taxes and the 6 percent state sales tax also imposed on fuel (revenue from which does not go to roads), this would give Michigan the nation’s highest total gasoline tax levy at nearly 74 cents per gallon, assuming current wholesale and after-tax pump price levels of around $2.74 and $3.50, respectively. (New York is currently number 1 at 67.4 cents per gallon.) See also Senate Joint Resolution J, a “Plan B” alternative that would instead hike the state sales tax to 8 percent and use the extra revenue to replace current fuel taxes. Referred to committee.

Senate Bill 88: Increase vehicle registration taxes by 80 percent
Introduced by Sen. Roger Kahn (R), to increase the annual vehicle registration (license plate) tax by approximately 80 percent, with comparable increases for trucks and trailers. As an example, the annual tax on a car with a $20,000 list price would increase from $98 to $176, and under Senate Bill 86, remain at this level until the vehicle is 10 years old (when it would drop to 50 percent). See also Senate Bills 84 to 87 and Senate Joint Resolution J. Referred to committee.

Senate Bill 86: Revise, increase vehicle registration taxes
Introduced by Sen. John Pappageorge (R), to revise various vehicle registration tax details. Among other things, the bill would change the basis on which the car and pickup tax is assessed. Instead of the basis gradually dropping to 70 percent of the list price and staying there from the fourth year on, the basis would become 100 percent of the value when new until the car is 10 years old, when it would drop to 50 percent, a change that would extract approximately $64 million more annually from owners. The bill would also end the current one-time $75 trailer registration tax, returning to an annual tax on trailers; those who had already paid the one-time tax would be “grandfathered.” Referred to committee.

January 25, 2013 Weekly Roll Call Report

admin5 — Fri, 25 Jan 2013 17:24:00 GMT

The state House and Senate finalized their organizational details for the new session this week. There was just one final-passage floor vote on a substantive measure, a gun bill, see roll call information below. This report therefore includes several other newly-introduced firearms-related bills of interest.

Y = Yes, N = No, X = Not Voting

Senate Bill 60, Clarify statutory gun dealer reference: Passed 31 to 5 in the Senate
To make a technical change to a statutory reference to federal firearms dealers. Reportedly this is necessary because under current state law, many licensed firearms dealers could be considered in violation of every time they sell a pistol.

Newly Introduced Firearms Bills of Interest

Senate Bill 63 and House Bill 4099: Assert immunity of "Michigan-made" firearms from federal gun bans (“Firearms Freedom Act”)
Introduced by Sen. Phil Pavlov (R) and Rep. Greg MacMaster, respectively to establish that firearms which are completely made in Michigan and remain within its borders may be possessed and sold in this state, notwithstanding any potential federal gun bans that claim authority based on the U.S. constitution’s interstate commerce clause.
The Senate version was approved 3-1 by the Judiciary Committee and sent to the full body for consideration. Republican Sens. Jones, Schuitmaker and Rocca voted “yes” and Democrat Sen. Bieda voted “no.” Meanwhile, House Speaker Jase Bolger told Mirs News the House will go slow on taking up gun bills given that emotions are still raw after the horrific Newtown school shooting in December.

House Bill 4098: Authorize school employee concealed pistols with appropriate training
Introduced by Rep. Greg MacMaster (R) on January 24, 2013, to make an exception to the “gun free school” provision of the state concealed pistol permit law, and explicitly allow a teacher, administrator, or other school employee to carry a concealed pistol if the school’s chief executive officer authorizes this and the individual has received whatever additional training is considered appropriate by the chief executive. Referred to committee, no further action at this time.

House Bill 4104: Expand concealed pistol law “gun free zone” to libraries
Introduced by Rep. Andy Schor (D) on January 24, 2013, to expand the “gun free zone” provision of the concealed pistol permit law to include public libraries. The bill would also prohibit carrying firearms openly (unconcealed) in a library. Some gun owners have protested local library gun bans recently by openly carrying firearms in the library; nothing in state law explicitly prohibits the open carry of firearms. Referred to committee, no further action at this time.