Volume XXXI - Issue 41 October 11, 2019

SUPPLEMENTAL PROCESS BEGINS – And the beat goes on…

Following a somewhat brief cooling off period between the Executive Office and the Legislature, conversations regarding the restoration of various priorities axed via veto or administrative transfer during the 2019-20 Fiscal Year budget resumed this week. Supplemental appropriation bills were introduced by both Republicans and Democrats, with each including the restoration of line items eliminated by the other during negotiations, vetoes, or passage of the budgets.

Republicans in both chambers submitted 23 bills restoring $256 million in funds, including $8.7 million to local governments; a $35 million charter school funding increase; $13.1 million in road funding grants; and $7 million to small, isolated school districts (this was named as a bipartisan priority). Of note, members did not include any of the projects Governor Whitmer proposed last week following her line-item veto announcement.

As expected, Senator Curtis Hertel, Jr. (D-East Lansing) introduced a supplemental highlighting priorities of the Executive Office, or at least identifying a starting point for negotiations with Republicans. Republican legislative leaders met with Governor Whitmer Thursday morning, following which she said “good progress” had been made.

Senate Bills 576 and 577 seek roughly $475 million in funds, including the restoration of: $34.3 million for critical access hospitals; $2.1 million for veterans’ services; $11.1 million for secondary road patrols, and $2.1 million for a partial restoration of funding for the centers of independent living.

It seems both Republican leaders and the Governor felt Thursday morning’s meeting allowed for a productive and positive conversation regarding how to move forward on the budgetary issues. Commenting on the meeting, House Speaker Lee Chatfield (R-Levering) noted another meeting has already been set, stating, “I think we had a very productive conversation today and I look forward to continuing the progress on Tuesday.”

Governor Whitmer echoed that sentiment telling media representatives following the meeting it is “good news” communication lines are open.

DEMS WANT LOWER COSTS FOR HEALTH CARE/PRESCRIPTIONS – A multiple bill package, coined the Health Over Profits for Everyone (H.O.P.E.) by its sponsors, was announced by a group of House Democrats recently and seeks to lower out-of-pocket costs for prescriptions and medical visits for Michigan residents.

The bills, currently in the drafting stage, also aim to increase accountability for pharmaceutical companies that engage in price gouging, something that has become a national issue as of late and is crucial to Michigan as the state ranks fifth highest in the nation for prescription drug costs.

The package includes the following proposals:

• Implementing insurance coverage for medically necessary epinephrine injectors (EpiPens) • Setting a $100 co-pay on insulin • Giving the Attorney General power to investigate the price of insulin and make recommendations on consumer protections • Setting a $5 limit on co-pays for primary care visits • Setting a $5 co-pay limit for behavioral health visits • Strengthening consumer protection statute to prevent price gouging • Allowing the importation of drugs from Canada that have been approved by the Federal Food and Drug Administration (FDA) • Introducing two resolutions urging Congress and the FDA to address drug shortages and allow Medicare to negotiate prescription drug costs (which is currently federally banned)

Groups on both sides of the issue expressed concerns about the package, but all agreed the conversation on lowering patient costs is necessary. Governor Gretchen Whitmer is currently reviewing the bills and has yet to express support or opposition.

RAISE THE AGE MOVES TO FULL SENATE – Members of the Senate Judiciary and Public Safety Committee reported legislation on Thursday that ends the current practice of automatically charging 17-year-old offenders as adults within the criminal justice system.

The package of bills, House Bills 4133-4146, 4443, and 4452, puts the change into effect October 1, 2021 and has been a bipartisan effort from its inception. The main issue holding up the package from moving has been the funding mechanism for the change and the effect it would take on local governments.

Working with the Michigan Association of Counties, legislators were able to find a solution that works for all: 100 percent reimbursement would be allowed for counties for 17-year-olds until October 1, 2025. After that date, the Legislature would reevaluate the funding formula using data from the counties.

The move for juvenile offenders has been years in the making and pushes Michigan out of the group of four remaining states charging 17-year-olds as adults. Remaining in that group are Wisconsin, Texas and Georgia. Multiple organizations representing the issues of social justice, criminal justice reform, and youth health issues support the legislation as does Attorney General Dana Nessel.

The package of bills has now moved to the Senate floor for consideration by the full chamber.

ELECTIONS

• Representative (R-Port Huron) announced his campaign for the 10th Congressional District on Thursday, with the seat currently held by retiring U.S. Representative Paul Mitchell (R-Dryden Twp) • Republican attorney Kristina Lyke announced her campaign for the 8th U.S. House District recently, with the seat currently held by U.S. Representative Elissa Slotkin (D-Holly) • Republican member of the Michigan State Board of Education Nikki Snyder announced her campaign for the 8th Congressional District, with the seat currently held by U.S. Representative Elissa Slotkin (D-Holly) • Republican real estate agent and car dealership manager Mike Detmer announced he is no longer running to replace term-limited Representative Hank Vaupel (R-Handy Twp) in State House District 47, but instead will challenge U.S. Representative Elissa Slotkin (D-Holly) in the race for the 8th U.S. House District • Democrat Julia Pulver announced her campaign for the 39th House District recently, with the seat currently held by freshman Representative Ryan Berman (R-Commerce Twp) • Worth Township Republican Richard Piwko announced his campaign for the 10th Congressional District recently, with the seat currently held by retiring U.S. Representative Paul Mitchell (R- Dryden Twp) • Patrick Outman, son of Senator Rick Outman (R-Six Lakes), announced his campaign for the 70th House District, with the seat currently held by Representative (R-Cedar Lake)

ODDS & ENDS

• Governor Gretchen Whitmer recently declared whistleblower protection language in 13 budget bills as unenforceable, stating the language violates the separation of powers • Republicans filed a motion in U.S. District Court recently against the state’s voter approved redistricting commission, arguing they have been injured by the proposal and that it violates their First Amendment rights. The group spearheading the commission effort filed a brief urging the Court to dismiss the suit • Aerial spraying throughout parts of Michigan to combat Eastern Equine Encephalitis has been completed, though a fourth death caused by the disease was reported late last week by the Michigan Department of Health and Human Services (DHHS) • The Michigan Marijuana Regulatory Agency released the application for recreational marijuana facilities last week, roughly one month before the Agency is set to begin accepting the applications for consideration • Attorney General Dana Nessel announced late last week Michigan will receive $2.6 million in a settlement against opioid addiction treatment drug manufacturer Reckitt Benckiser Group. The case against the company alleged it improperly marketed Suboxone, which resulted in the improper use of Medicaid funds • According to the Michigan Community College Association, by the end of 2019, Michigan’s universities and community colleges plan to sign an agreement allowing community college graduates to apply every credit earned to four-year universities in biology, business, criminal justice, and psychology • According to a study from Michigan State University’s Education Policy Innovation Collaborative, Michigan’s Partnership Model (launched in 2017) appears to have had a “largely positive impact” on the participating schools’ test scores. The Model brings multiple entities (school board members, the district itself, education councils, local businesses, etc.) to draft a unique plan for the district to ensure academic success • A lead advisory has been issued for the City of Birmingham following testing in September showing 32 of the 8,870 drinking water sites as having lead levels exceeding the state’s action level • House and Senate members released their 2020 session schedules recently • The Michigan Public Service Commission (MPSC) is accepting nominations for the Unmanned Aircraft Systems Task Force for two vacancies with terms expiring July 31, 2021 • The telecommunications industry will be exempt from the codification of current Michigan Department of Treasury policies requiring the collection of sales and use tax from a remote seller, under House Bills 4540-4543. The bills we reported to the full House by members of the House Ways and Means Committee on Tuesday • House Bills 4486, 4775 and 4776, discussed in the House Transportation Committee on Tuesday, call for the state’s recreation passport program to be an opt-out program instead of its current opt- in status, and would increase the percentage of funding from the program to local parks from 10 percent to 15 percent • House Transportation Committee members, road agency representatives, and private sector representatives discussed House Bill 4476 on Tuesday, with the bill calling for an increase to the threshold for which construction and preservation projects local agencies can perform themselves from $100,000 to $500,000 • House Bills 4549 and 4550 passed the Senate on votes of 37-0 on Tuesday, expanding criminal background check requirements for secondary guardians of children and allowing more organizations to gain access to confidential child care records • Beginning October 1, 2020, anyone 18 years of age or older will be required to have a REAL ID to board an airplane instead of a driver’s license, according to Secretary of State Jocelyn Benson • Senate Bill 47 passed the full House on a 107-1 vote on Tuesday, preventing an immediate property tax increase on the biannual bill for businesses and homeowners installing solar panels on their roof • Governor Gretchen Whitmer announced on Tuesday Michigan has joined Complete College America, an organization seeking to increase college completion rates • Representatives Hank Vaupel (R-Handy Twp) and LaTanya Garrett (D-Detroit) introduced House Bills 5043 and 5044, allowing mental health patients disputing with a Community Mental Health service provider to go to mediation before resolution of the dispute (HB 5043) and for foster children in the health system to do the same (HB 5044) • Governor Gretchen Whitmer signed House Bills 4189-4891 and 4446 into law, with the bills calling for the allowance of businesses established following the merger of Tenneco and Federal Mogul to use Federal Mogul’s $100 million Michigan Economic Growth Authority (MEGA) Tax Credits against the 2000s era Michigan Business Tax • Representative (D-Sterling Heights) introduced House Bill 4628 on Thursday, with the bill allowing for the removal of violations of three points or less from Michigan drivers’ records in four years instead of the current seven