The non-education of the state budget for the fiscal year that begins Oct. 1, 2021. The bill appropriates $50.706 billion for all non-education state spending, of which $10.378 billion is federal money, including unprecedented amounts enacted by Congress as part of epidemic "stimulus" and relief bills.
When the state education spending authorized in House Bill 4400 is added (see below), the combined budgets propose spending a grand total of $68.9 billion in the 2021-22 fiscal year, which is $10.4 billion more than the state has ever spent prior to the pandemic. That includes $3.6 billion more in state spending, a 10.4% increase, and $6.7 billion more in federal spending, a 28.4% increase.
The legislature did not appropriate the total amount available for the year, leaving about $11 billion in federal grants and higher-than expected state revenue collections to be allocated later.
The House vote on the budget bill described above.
The state education budget for the fiscal year that begins Oct. 1, 2021. The bill appropriates $19.218 billion for all state education spending. This includes $431.9 million for community colleges, $1.808 billion for the state's four-year colleges and universities, and $1.978 billion for K-12 public schools.
The House vote on the budget bill described above.
To prohibit officials including the governor from using an official “Integrated Public Alert Warning System” to transmit an announcement of a new law or change in government policy, and instead limit its use to emergencies involving immediate or imminent loss of life or property. Gov. Gretchen Whitmer received criticism for using this system during a 2020 state of emergency to make announcements that did not meet this standard. The system is described as a “secure network connecting all of the public alert and warning systems in the United States into a single system.” In the House six Democrats supported the bill, but the Senate vote was a party line vote.
To establish that portable fuel containers that are completely made in Michigan and sold here only are not subject to federal regulations, notwithstanding court judgments that hold federal rules to be controlling under the U.S. Constitution’s interstate commerce clause.
To expand a law that requires a school-aged minor to get a work permit from a school district official in order to get a job (with a number of exceptions). The bill would extend to home-schooled students a requirement that their parent or guardian issue the required permit.
To restrict access to the state's qualified voter file (QVF) database to the Secretary of State office, other election officials it authorizes, local and county election clerks, and state employees or vendors who do maintenance and security work on the QVF. The bill would remove a provision authorizing access by a “designated voter registration agency.” Twenty Democrats joined all Republicans in voting 'yes' on this and House Bill 4838.
To prohibit the electronic poll book at each election precinct from being connected to the internet on election day until its votes have been tabulated. It would also prohibit connecting an electronic voting system to the internet until after the votes are counted, and then only to upload the results to the appropriate clerk.
To require the Department of Transportation to “develop parameters for prioritizing the funding of grant applications for grade separation projects" (road and street railroad crossing improvements) from a segregated state account proposed for this by House Bill 4524, which also passed. House Bill 4522 proposes allocating $30 million for this but has not advanced.
To retroactively make a particular developer’s project eligible for “refundable” state business tax credits under a suspended program that authorized actual cash payments from the state treasury to a relative handful of companies and developers approved by state officials. The bill would also allow the developer to "shuffle" the credits/subsidies that granted between two separate projects in a way that maximizes the subsidy. The House Fiscal Agency estimates this will result in $12.8 million in either state revenue, or in actual cash disbursements to this developer. The 17 Republicans opposing the bill were joined by four Democrats.
To approve an “initiated law” that would repeal one of the two Michigan statutes that authorize a governor to assume extraordinary powers during an emergency, including statewide “lockdowns” like those ordered under the 2020 coronavirus epidemic.
Enacted in 1945, this law places no limit on the duration of a declared emergency. The state’s other emergency powers law adopted in 1976 puts a 28 day deadline on a governor’s assumption of emergency powers, with legislative approval required for any extensions.
Approval by the governor is not required for an initiated law approved by both the House and Senate. The Senate approved the proposal a week earlier, which means with this vote the 1945 law is officially repealed.
To authorize voter initiatives to place term limits on elected officials of “general law” villages. A petition signed by 10% of registered voters would place a measure on the local ballot limiting future elected officials to four two-year terms or two four-year terms.
To approve an “initiated law” that would repeal one of the two state laws that authorize a governor to assume extraordinary powers during an emergency, including statewide “lockdowns” like those ordered under the 2020 coronavirus epidemic.
Enacted in 1945, this law places no limit on the duration of a declared emergency. The state’s other emergency powers law adopted in 1976 puts a 28 day deadline on a governor’s assumption of emergency powers, with legislative approval required for any extensions.
A state Supreme Court ruling in Oct. 2020 held that a law authorizing what amounts to unilateral governance for the duration of a governor’s term violates the constitution’s separation of powers provisions.
Approval by the governor is not required for an initiated law, which is placed before the legislature by petition. If the legislature does not approve the measure it is placed on the next general election ballot.
To make an exception to the state law banning drag racing for “an activity at Silver Lake State Park authorized by the Department of Natural Resources.” This would apply to a 450-acre section of sand dunes park managers have set aside as a "scramble area" for ORVs.
To appropriate $25 million for grants to certain rehab clinics said to be aggrieved by fee caps in the 2019 auto insurance reform law. This law eliminated a requirement for all policies to include unlimited lifetime medical and personal care benefits for crash victims, which was said to generate of fraud and abuse, and was cited as a major reason for the state's very high insurance costs.
To prohibit the Secretary of State from charging late fees on drivers license or licenses and document renewals until all its branch offices are open for walk-in service that allow same-day transactions to be completed without the requirement of an advance appointment.
To appropriate $1.25 million for county prosecutors to investigate "the long-term care and residential care facility policies implemented by the governor" in response to the coronavirus epidemic and "data on infection and transmission rates, tracking, tracing, and number of deaths associated with these facilities"
To end further state participation in the $300 weekly "supplemental" unemployment benefits authorized by a federal "stimulus" spending bill. News reports indicate 25 other states have refused the benefits due to concerns they incentivize people not to work while jobs are plentiful. The bill would also require the state unemployment agency to use clear and concise plain language in its communications and determinations.
To prohibit a governor from adding to the state’s long term debt by borrowing money for road repairs (“bonding”) without consent from two-thirds of the House and Senate. The bill comes after the legislature refused to enact a 45 cent per gallon gas tax proposed by Gov. Gretchen Whitmer, who then authorized $800 million in new road debt in 2020, and eventually up to $3.5 billion. Money to service these debts comes out of future gas taxes and other transportation tax revenue.
To permit school districts to install cameras on school buses the purpose of prosecuting motorists who illegally pass a stopped school bus.
To permit members of the agricultural commodity marketing boards to meet electronically. The bill would permit this on a permanent basis, not just in epidemics. These entities allocate money collected through mandatory assessments levied on growers; examples include commissions for growers of apples, asparagus, potatoes, cherries, beans, beef and others.
To appropriate $16.742 billion for K-12 public schools in the 2021-22 fiscal year, of which $1.943 billion is federal money. The budget would raise the per-pupil state "foundation allowance" target to $8,700. This would be the first year since voters authorized this complex distribution formula in the 1994 Proposal A school funding initiative that its goal was reached of equalizing this amount between all of Michigan's 537 conventional public school districts.
To impose a binding arbitration mandate on local governments in union labor negotiations with corrections officers (jail guards). A similar mandate has long applied to local police agencies, and more recently fire departments, and reportedly increases costs and complicates contract negotiations.
To require a person to show an original or a copy of identification when requesting an absentee ballot in person or by mail, with those unable to do so getting a "provisional" ballot. Also passed were Senate Bills 303 and 304 to authorize the provisional ballots, which require a voter to show documents within six days that verify his or her identity and address for the vote to be counted.
To authorize a new form of property tax break for developers who refurbish or build rental housing and rent out at least 30% of the proposed units at below-market prices to households with incomes less than 120% of the median for their county (dubbed “attainable housing”). The bill would authorize a 50% property tax cut on the structures. Also passed was the related Senate Bill 360, to grant income tax breaks to these developers, which the Senate Fiscal Agency reports would bring "unknown and potentially significant" costs.
To create another type of selective property tax break that local elected officials can give to certain developers, this one granting a 50% cut for up to 12 years for residential developments.
To preempt local governments or authorities from enacting any ordinance, rule, or tax relating to the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of a knife or knife making components that is more restrictive than state law.
To make restaurants and other food service establishments and vendors afflicted by government epidemic lockdowns eligible for refunds on the fees they under various state license regimes. The House also passed related bills applying similar provisions to other occupational or business licensing regimes.
To end further state participation in the $300 per week "supplemental" federal unemployment benefits authorized by congress in epidemic "stimuulus" bills. News reports indicate 25 other states have refused the benefits as of the date of this vote, due to concerns they incentivize people not to work when jobs are plentiful. The bill would also require the state unemployment agency to use clear and concise plain language in communications to employers and benefit claimants, with vocabulary based on a fourth-grade reading level.
To authorize tax relief for a business that was forced to close for at least six weeks due to an executive or emergency order that cost the company 25% of its gross receipts for the year. The bill would authorize a business income tax credit equal to the firm’s property tax liability for the year. Businesses that rent would get a comparable credit based on lease costs. This applies to restaurants, taverns, hotels and motels, health clubs, entertainment facilities and other such “public facing” enterprises.
To prohibit the Secretary of State from charging drivers license renewal late fees until all its branch offices are open “on a consistent basis” for a minimum of 25 hours per week for in-person services with no appointment or preregistration requirement. Also, to require the department to submit to the legislature a detailed report on how it plans to get caught up on renewals delayed by branch office closures and open-hour limitations in response to the coronavirus epidemic.
To require that members of a state wolf management advisory council all be Upper Peninsula residents, unless and until winter tracking surveys and genetic testing show wolves are present in the Lower Peninsula, at which time a majority of the members of the council would have to be residents of the Lower Peninsula.
To impose a mandate on state legislators to file detailed annual personal financial disclosure reports, called "conflict of interest reports." The reports would go to a legislative ethics committees proposed by House Bill 4680, and would not be public records subject to disclosure under the state's Freedom of Information Act law.
To impose a personal financial disclosure mandate on state officers, defined as the governor and lieutenant governor, the Secretary of State, Attorney General, state treasurer, Superintendent of Public Instruction, members of the liquor control and civil service commissions, members of the State Board of Education and of state university governing boards.
To place before voters in the next general election a constitutional amendment that would to empower a two-thirds majority of the state House or Senate to suspend part or all of the salary and expense allowances of a member who acts unethically or is excessively absent from regular sessions. Also, to require record roll call votes on giving a new law "immediate effect" when it is passed. The state Constitution requires a two-thirds House and Senate majority vote for a new bill to go into effect immediately rather than after a specified period, and in the House this is usually done by "hammering through" the requirement using a voice vote only, not a record roll call vote.
To require that when leaving the state and on return, the governor must notify the lieutenant governor, and require this person to notify legislative leaders in writing within 12 hours.
To add an exception to SB 458, waiving the "governor has left the state" reporting requirement for a legislative leader believed to present "a security risk to this state because of his or her affiliations with a domestic terrorist organization." This was proposed by Sen. Jeff Irwin, D-Ann Arbor.
To impose a state permit mandate on "aggregates" mining (sand and gravel), which are needed for road repair and reconstruction projects. The bill would preempt locally imposed restrictions and permit requirements (with exceptions), and authorize a $5,000 permit application fee.
To create an exception to a 2019 law that prohibited government “civil asset forfeitures,” which are takings of property that may be associated with a suspected drug-related crime, unless the individual is actually convicted or accepts a plea bargain. That only applies to police seizures of property worth $50,000 or more, and the bill would lower this to $20,000 for property seized by public airport authority police.
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Contact my lawmakers
Sen. Curtis Hertel, Jr., D-East Lansing, District 23. 517-373-1734. senchertel@senate.michigan.gov
Rep. Sarah Anthony, D-Lansing, District 68. (517) 373-0826. sarahanthony@house.mi.gov
SOURCE: MichiganVotes.org, a free, non-partisan website created by the Mackinac Center for Public Policy, providing concise, non-partisan, plain-English descriptions of every bill and vote in the Michigan House and Senate. Please visit www.MichiganVotes.org.
Permission to reprint this legislative summary in whole or in part is hereby granted, provided that www.MichiganVotes.org is properly cited.
