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GAMING PACKAGE MOVES WITHOUT WHITMER INPUT – House Members from Both PRIOR AUTHORIZATION for PRESCRIPTIONS and CARE INTRODUCED

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GAMING PACKAGE MOVES WITHOUT WHITMER INPUT – House Members from Both PRIOR AUTHORIZATION for PRESCRIPTIONS and CARE INTRODUCED Volume XXXI - Issue 44 November 1, 2019 GAMING PACKAGE MOVES WITHOUT WHITMER INPUT – House members from both parties approved legislation seeking to expand Michigan’s gaming options to include online gaming and sports betting, albeit without the expressed support of Governor Gretchen Whitmer. Having been reported out of the House Ways and Means Committee on Tuesday, House Bills 4916-4918, 4308-4312, 4323 and 4173 were passed by the full House on Wednesday. Under the legislation, sports betting would see a tax of 8.75 percent plus a 3.25 percent tax for participating Detroit casinos and online betting would be taxed at a phase-in range (starting at 4 to 19 percent and increasing to 8 to 23 percent) depending on revenue from the games. Twelve Democrats joined their Republican colleagues in moving the bills through the House, noting the “Yes” vote is not a jab at Governor Whitmer but rather following the trends of technology and using them to bring more revenue to the state. Representative Brandt Iden (R-Oshtemo Twp), lead on the gaming package, noted that though the increased revenue is definitely an important piece of the proposal, the main issue for him has been ensuring consumer protection. Governor Whitmer’s main concern is the effect the bills will have on the School Aid Fund, something Mr. Iden says is addressed in the bills to ensure no harm is done to the Fund. Multiple suggestions were sent to House Speaker Lee Chatfield (R-Levering) from the Executive Office to be considered with the package, but, according to the Speaker’s staff, came after session had already begun. Mr. Iden also noted he is willing to continue conversations with the Governor as the Senate begins their review of the legislation. PRIOR AUTHORIZATION FOR PRESCRIPTIONS AND CARE INTRODUCED – Under legislation introduced in the Senate on Tuesday, urgent prior authorization requests would be required to be acted upon within 24 hours and non-urgent requests within 48 hours. In practice, physicians and other health care providers are required to comply with the prior authorization process: approval from an insurer must be obtained before completing a procedure, providing a service, or prescribing a medication to a patient (as long as they qualify for insurance coverage). Senate Bill 612 also requires insurers to post information about prior authorization requirements on their websites as well as provide statistics on approval and denial rates. If the bill were to be passed and signed into law, Michigan would join 29 other states in enacting such protections. OLIVE BRANCH NOT ENOUGH: GOP LEADERS WANT FULL FUNDS BACK – Governor Gretchen Whitmer and Republican legislative leaders remain embroiled in a standoff over a possible supplemental for the Fiscal Year 2019-2020 budget while various interest groups impacted by both Gubernatorial vetoes and State Administrative Board (SAB) transfers continue to question if or when the lost funding will be replaced. The latest twist and turn occurred on Tuesday, with Governor Whitmer scheduling two SAB meetings with the intention of rescinding some of the roughly $625 million in budget transfers she ordered earlier this fall. Though most saw the move as a peace offering, or at least the beginning of one, Republican leaders saw it as non-negotiable: they want all transfers rescinded. Following receipt of the Republican leaders responding letter, Governor Whitmer cancelled the Board meeting scheduled for October 31, with her Press Secretary noting the Governor “has no interest in playing Republican games to grab power” and that she has been and is “ready to negotiate.” The Board meeting scheduled for November 5 and the special meeting scheduled for November 7 remain on the calendar, however, at least for now. While the sparring between the Executive Office and majority leaders continued, both House and Senate members introduced legislation limiting the Board’s transfer powers. Under Senate Bills 616 and 617 and House Bills 5175 and 5176, the Board could only move any one line item of $200,000 per fiscal year. U.S. HOUSE VOTES FOR IMPEACHMENT PROCEEDINGS TO CONTINUE – Members of the U.S. House of Representatives approved an official resolution to begin an impeachment inquiry into President Donald Trump on Thursday, with eight of those members voting in support being from Michigan. The resolution was passed on a vote of 232-196, with no Republicans joining in favor. Those voting yes from Michigan include: U.S. Representatives Dan Kildee (D-Flint), Elissa Slotkin (D-Holly), Andy Levin (D-Bloomfield Twp), Haley Stevens (D-Rochester Hills), Debbie Dingell (D-Dearborn), Brenda Lawrence (D-Southfield), Rashida Tlaib (D-Detroit), and Justin Amash (I-Cascade Twp). ELECTIONS • Senior Vice President of financial services company Hantz Group, Lisa McClain, announced her campaign for the 10th U.S. House District, making her the third Republican to enter the race. The seat is currently held by U.S. Representative Paul Mitchell (R-Dryden) who is not seeking re- election • Current Oakland County Executive Dave Coulter announced his campaign to remain in the seat for a full term. Mr. Coulter was appointed to the seat following the death of Oakland County powerhouse and former Oakland County Executive L. Brooks Patterson • Democrat Kevin Seamon has announced his campaign for the 94th House District. Current Representative for the district Rodney Wakeman (R-Saginaw Twp) has until April to file for re- election • Conservative Republican attorney Eric Esshaki announced his campaign on Thursday for the 11th U.S. House District, with the seat currently held by U.S. Representative Haley Stevens (D- Rochester Hills) ODDS & ENDS • Michigan Court of Claims Judge Michael Kelly ruled on Thursday Public Act 359 of 2018 (signed into law during Lame Duck by then Governor Rick Snyder), which calls for the allowance of a tunnel to be constructed to encapsulate Enbridge Energy’s Line 5 Pipeline, is constitutional. Attorney General Dana Nessel released an opinion in March of this year that the legislation violates the state constitution as provisions within it are beyond the scope of what was disclosed in its title. Line 5 is currently running under the Straits of Mackinac • Governor Gretchen Whitmer filed an emergency request late last week for the Michigan Supreme Court to take over the case of the state’s vaping rules • Additional testing of poly and perfluoroalkyl substances (PFAS) aimed at assessing how the chemical compounds are affected by colder and rainier weather is being considered, according to the Michigan PFAS Action Response Team (MPART) • Attorney General Dana Nessel announced she has joined 22 other state attorneys general in opposing a recently proposed rule change to the Clean Water Act (which would limit the amount of time states and tribes have to review a new project proposal) by the U.S. Environmental Protection Agency (EPA) • The Michigan State Police announced the creation of the Diversion Investigation Unit (DIU), a new task force that will investigate medical professionals suspected of illegally distributing controlled substances • Former U.S. Representative John Conyers, who served in Congress for more than 50 years, passed away on Sunday at the age of 90. Mr. Conyers was well known for his leadership and passion for civil rights • Members of the House Judiciary Committee reported House Bills 4980-4985 and 5120 to the full House for consideration on Tuesday, with the bills outlining multiple reforms to the state’s expungement laws • House members passed House Bill 4125, which calls for the reversal of a 2018 Lame Duck move that takes sales tax collections from online purchases out of the School Aid Fund, on a vote of 104- 5 on Tuesday • Senate members passed House Bills 4069 and 4465 on 36-0 votes on Tuesday, with the legislation calling for the exemption of “alternative energy personal property” (i.e. solar panels) from personal and property taxes • House Bills 4389-4391 were reported out of the Senate Environmental Quality Committee recently, with the bills providing additional standards and training requirements for firefighters in the use of foam containing poly and perfluoroalkyl substances (PFAS) • According to an audit of Michigan’s Aging and Adult Services Agency, the Auditor General found local aging services agencies had not adequately overseen the assessments carried out by subcontractors, nor had they ensured all employees or volunteers had received the required in- service training • According to Royal Oak officials, water samples from parts of the city are showing lead levels of 23 parts per billion, exceeding the action level of 15 parts per billion • Under House Bill 4862, as unanimously approved by the House on Tuesday, health care providers would be added to the list of those eligible to receive mental health services in the wake of a traumatic critical incident • Senate Concurrent Resolution 14 was adopted via voice votes on Tuesday in both the House and Senate, with the Resolution calling for the blocking of the Certificate of Needs (CON) Commission move from earlier this year that applies restrictions on which medical facilities can provide a new cancer treatment to patients • The Michigan Court of Appeals ruled on Wednesday payments made to traditional public schools as well as charter schools count as the payments required by the state to be made to local governments • Under House Bill 5032, as reported out of the House Elections and Ethics Committee on Wednesday, the maximum number of voters in a precinct
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