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In the Ongoing JUDGE BLOCKS GOVERNOR's VAPING Volume XXXI - Issue 42 October 18, 2019 REASON FOR STALLED SUPPLEMENTAL? AD BOARD MANEUVER – In the ongoing saga of “will they, won’t they” regarding adjustments in funding for the 2019-20 Fiscal Year budget, Republican legislative leaders have now cited Governor Gretchen Whitmer’s choice to use the Administrative Board to move funds as the reason for not moving a supplemental thus far. Noting it was the first time in almost 30 years that a Governor used the Board to move funds, leaders did not appreciate changes in funding being made without their input. Considering neither party was willing to concede on their proposals, forcing an almost shutdown of the state government, governmental insiders feel that argument is moot at this point. As the year draws to a close, those affected by the vetoes and transfers are faced with the possibility of not knowing what monies they will or won’t have to start the new year. However, Republican leaders are telling Michigan residents to go to the Governor with their funding issues as the budget in their eyes is “done”, and Governor Whitmer is telling them to go to the Legislature with their concerns to urge supplemental consideration. As of Thursday, speculation was rampant that Republicans could agree to move a supplemental if the Governor would agree to essentially neuter the transfer authority of the State Administrative Board. Republican leaders have been candid, expressing concerns about the potential repeat of an inter-department transfer bonanza when or if they send the Governor a supplemental. The Executive Office was quick to pan the idea of removing the Board’s ability to transfer, with Governor Whitmer stating, “I'm not going to change the scope and powers of the Executive Office…They've been there for 98 years. They should not change under my administration or for the next governor for that matter." MHSA will continue to work with both the Executive Office and legislative leaders to ensure our clients are kept apprised of any changes. JUDGE BLOCKS GOVERNOR’S VAPING BAN – In a major blow to Governor Gretchen Whitmer and those in opposition to “vaping”, a Court of Claims Judge ruled the state “failed to demonstrate grounds to use the emergency rules process” and halted Governor Whitmer’s ban on the sale and use of all flavored vaping products in the state. In her decision, Judge Cynthia Stephens stated the injunction of the ban will “preserve the status quo so that a final hearing can be held without either party having been injured”. The ban, put into place in September via emergency rules by the Michigan Department of Health and Human Services (DHHS), required a misdemeanor charge punishable by up to six months in jail and a $200 fine if convicted of selling, giving, transporting, or otherwise distributing with the intent to sell flavored vapor or nicotine products. The reasoning behind the ban, according to Governor Whitmer, health officials, and DHHS officials, is the flavors of certain “vaping” products are targeted to minors. Other states and President Donald Trump have followed suit on the ban, addressing the ongoing crisis of deaths related to vaping throughout the country. Those in opposition to the ban, however, claim the products themselves are safe and not targeted toward any age specifically, noting purchasers must be 18 years or older. Current legislation being drafted in Michigan would increase the purchasing age to 21, to match that required to purchase alcohol. Governor Whitmer responded to Judge Stephens’ decision, noting her plans to appeal the ruling to the Michigan Supreme Court. PFAS & LEAD REQUIREMENTS DISCUSSED – Multiple alterations to the state’s current requirements for the testing and prevention of lead and poly and perfluoroalkyl substances (PFAS) in drinking water were discussed in both chambers on Tuesday. Members of the House Natural Resources and Outdoor Recreation Committee discussed House Bills 4742-4750 and 4064, which call for, among other things: the codification of the Michigan PFAS Action Response Team (MPART); the creation of a testing and removal program for drinking water used by vulnerable populations (childcare centers, schools, etc.); the implementation of an annual $3 million appropriation to be used for geological surveys to test for the presence of PFAS in ground water or soil; and the creation of a nine-member commission to specifically address the prevention and control of childhood lead poisoning. Despite a mostly supportive response, concerns were raised about the bills and their usage of current PFAS and lead level rules, as new ones are in the process of being determined. Officials urged sponsors of the bills to use “current” instead of a specific number when referring to levels, to allow for more flexibility as time goes on and more is learned about PFAS and lead. The bills remain in the Committee for further discussion. In the Senate, members discussed and heard testimony on a plethora of bills dealing with mostly PFAS, though no action was taken as more details are to be ironed out. Members of the Senate Environmental Quality Committee brought House Bills 4389-4391 and Senate Bills 402 and 403 to the agenda, addressing: the issue of firefighting foam training (as it contains PFAS); reporting requirements for fire chiefs regarding the use of foam containing PFAS; promulgation of rules for the use of PFAS foams; the establishment of MPART within the Michigan Department of Environment, Great Lakes and Energy (EGLE) (counterpart to the aforementioned House Bill), and annual funding for the previously noted geological surveys (again, counterpart to the House Bill). As legislative members continue to sift through existing legislation, rules and regulations, and discuss proposals updating those things, they also introduced another set of bills seeking to install water filtration systems in school buildings and day care centers by August 2021. The package of bills, House Bills 5104-5105 and Senate Bills 589-590, calls for one station to be installed for every 100 occupants, and to be used for drinking and cooking water sources. EGLE would be tasked with oversight of the filter systems, and each facility would be required to test their systems annually as well as communicate with parents the strategy for the filters. These bills were referred to their respective committees: House Natural Resources and Outdoor Recreation and Senate Environmental Quality. RAISE THE AGE HEADS TO WHITMER – Both House and Senate members concurred in their own and each other’s changes to packages of legislation removing 17-year-old offenders in Michigan from being automatically charged as adults on Wednesday, sending the partner packages to Governor Gretchen Whitmer for consideration and signature. The House package includes House Bills 4133-4136, 4142, 4143, 4145, 4443, and 4452, while the Senate package includes Senate Bills 84, 90, 97, and 99-102. Under the 16-bill proposal, 100 percent reimbursement would be made to counties for 17-year-olds until October 1, 2025, at which point the Legislature will reevaluate the funding formula using data provided by said counties. Beginning October 1, 2021, 17-year-olds would no longer be treated as adults when being accused of the commission of a crime, allowing 4 years’ worth of data to be compiled for the funding formula. The “Raise the Age” issue has been a bipartisan, bicameral one for many years. Commenting on the efforts by all involved, champion of the issue Senator Pete Lucido (R-Shelby Twp) said the changes are “overdue and needed.” ELECTIONS • Term-limited Representative Frank Liberati’s (D-Allen Park) younger brother Tullio Liberati announced his campaign to take his brother’s seat in the 13th House District next year and to keep it blue • Three Democratic Kalamazoo County Commissioners announced their campaigns for the 60th House District, currently held by term-limited Representative Jon Hoadley (D-Kalamazoo): Julie Rogers, Stephanie Moore, and Tracy Hall • Shri Thanedar, former gubernatorial candidate, announced his Democratic campaign for the 3rd House District, which is currently held by term-limited Representative Wendell Byrd (D-Detroit) • Christine Barnes, former Republican candidate who lost to Representative Angela Witwer (D- Delta Twp) in last year’s election, announced she is running for the 71st House District again in 2020 • Representative Robert Wittenberg (D-Huntington Woods) announced his campaign for Oakland County Treasurer recently. Mr. Wittenberg cannot seek re-election to the House due to term-limits ODDS & ENDS • The Michigan Department of Attorney General announced it has teamed up with Western Michigan University to receive two federal grants equaling more than $1 million to assist in reviewing 600 post-conviction claims of innocence. Attorney General Dana Nessel announced one of the country’s first statewide conviction integrity units earlier this year • Michigan Department of Health and Human Services (DHHS) officials announced the launch of regional forums regarding upcoming Medicaid work requirements set to begin January 2020. View the full list of forums here • According to rating agency Moody’s Investors Services, the 0.5 percent increase in funding for Michigan’s universities in Fiscal Year 2019-20 is a “credit negative” as it will “limit their ability to raise tuition” • Senate Bills 570-573 were introduced recently, with the bills outlining a bipartisan effort to implement stronger controls on “surprise billings” for patients. The Senate Bills have counterparts in the House, House Bills 4459 and 4460, which were discussed in the House Health Policy Committee on Thursday, but no movement was made • Representative Darrin Camilleri (D-Brownstown Twp) introduced House Bill 5107 recently, with the bill calling for the allowance of the Michigan Department of Health and Human Services (DHHS) to import Canadian prescription medications via a wholesale program at participating pharmacies.
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