Legislative Report
October 2008
Activities in Lansing became normalized after both the Democratic and Republican Parties held their conventions and politicians returned to Lansing to do the people’s business in the legislature. In the Executive Office, the Governor began the month as judge in a quasi-judicial administrative proceeding regarding removing the Mayor of Detroit from office. His sudden resignation allowed her to step out of that role and assume an ambassadorial role on a trade mission to Japan. Upon her return, she assumed still another unique role as an actor, playing the role of Sarah Palin in debate practice for Vice Presidential candidate Joseph Biden in preparation for his debate with Palin, the Republican Vice Presidential nominee. It is doubtful that any governor has ever played as many different roles in one month’s time as Ms. Granholm has during the month of September.
The legislators took up a number of bills that would not jeopardize their reelection bids back in their district. Getting reelected and assuring their party’s return to Lansing was, of course uppermost in their minds. The lame duck session begins in November, and legislative activities are always interesting during the last two months of the House member’s two year term. Among the bills which saw action in September and which may be of interest to retirees/seniors are the following:
Controlling grossly excessive gasoline prices — In response to the sudden increase in gasoline prices as the result of the country’s recent economic problems, HB 6250 was introduced and passed. The Michigan Consumer Protection Act prohibits unfair, unconscionable, or deceptive methods, act, or practices in the conduct of trade or commerce and defines acts that constitute unlawful conduct. Charging an excessive price for a product compared with the price of similar products is a prohibited practice. HB 6250 amends the Consumer Protection act to clarify charging consumers inflated prices for good and services. Basically, the bill defines a gross disparity in pricing as the difference between the price the preceding 30 day period and the alleged inflated price. Also, the increase must be attributed to additional costs incurred in connection with the sale of a good or service or attributable to national or international market trends. The bill further gives the Attorney General the tools to investigate and prosecute violators of the act. Having passed the House, the bill is now in the Senate Committee on Judiciary.
Protection of Senior Citizens — HB 5499 amends the Estates and Protected Individuals Code by adding a new section which specifies that an individual for whom a guardian is appointed (a protected individual) under the Code would retain certain rights such as (1) to have a continuing review of the need for guardianship, (2) to be restored to capacity as soon as possible, (3) to be treated humanely, with dignity, and respect and be protected against abuse, neglect, and exploitation, (4) to be free from chemical restraints except to treat medical symptoms, (5) to remain independent as possible, (6) to attend only the religious service of the individual’s choice, (6) to maintain possession of family photographs, legal papers, address books, and family heirlooms, (7) to receive prudent financial management and be informed how the individual’s property is being managed, (8) to have access to the courts and meet privately with legal counsel, (9) to meet privately with spouse, and (10) to receive notice of all proceedings. Additionally, if the individual is in a long-term care facility, the individual would have the right to visitation from the state’s Long-Term Care Ombudsman as provided in the Older Michiganians Act. This bill has passed the House and gone to the Senate for consideration.
Special Bathroom Privileges for persons with certain medical disorders — Persons with certain medical disorders may need immediate access to a toilet facility. Such disorders include Crohn’s disease, ulcerative colitis, or any inflammatory bowel disease, irritable bowel syndrome, pregnancy, etc. HB 5046 would require retail business establishments to allow such individuals to use their toilet facilities provided (1) two or more employees of the establishment were working at the time the request is made, (2) the customer provided the establishment with a copy of an order signed by a doctor on a prescription form stating that the customer suffered from an eligible medical condition or used an ostomy device, (3) the retail establishment did not normally make its toilet facility available to the public, (4) the location of the toilet facility where providing access would create a health or safety risk to the customer or a security risk to the establishment, and (5) a public restroom was not immediately accessible to the customer. The bill outlines civil infractions and misdemeanor penalties for violations by a business establishment. This bill has passed the House and gone to the Senate Committee and Commerce and Tourism where it has been reported out and is on the Senate floor.
Smoke-Free Workplace — There has long been a desire to make public facilities smoke-free. HB 4163 is a bill intended to achieve this goal, although there is considerable opposition to it. The bill basically outlaws smoking in public places except for cigar bars and tobacco specialty retail stores. A number of attempts were made to exempt other types of business establishments from this proposed law to no avail. Vigorous arguments were made to exempt casinos because of the nature of the business and the belief that a smoke-free environment would be financially detrimental to the business. The bill failed in the vote on its passage 50 -49. At the time of this writing, a motion to reconsider the vote is pending. If eventually passed by the House, it is doubtful that it will be passed in the Senate.
Income Tax Deduction — HB 6263 would allow a taxpayer to take a deduction from taxable income for the amount of a charitable contribution made to the Advance Tuition Payment Fund, beginning with the 2008 tax year. The Michigan Education Trust Act is the vehicle used to hold advanced tuition payments made by parents or relatives to cover the cost of college tuition. The law allows parents and relatives to make payments through income tax deductions. This bill would allow the general public to make contributions to the Tuition Payment Fund in general. The donor could make the payments for students in an adopted classroom or other groups of specific students. The bill has passed the House and gone to the Senate Committee on Finance.
Identity Theft Measures and Crimes Against Minors — Identity theft continues to be a major criminal problem throughout the country. In an attempt to control identity theft and crimes against minors, HB 5953 and HB 5954 have been introduced. These bills would amend current law to make a violation of the Identity Theft Protection Act and the use of the Internet, a computer, or a computer program, network, or system to communicate with any person for the purpose of committing, attempting to commit, conspiring to commit or soliciting another to commit certain crimes against minors including criminal sexual conduct, kidnapping, etc. a crime under the penal code’s definition of racketeering and subject to harsher sanctions. The bills have passed the House and gone to the Senate Committee on Judiciary.
Driver Improvement Course Alternative — Citations for traffic violations have been the acceptable sanction for violations in Michigan. Following the lead of other states, this bill is intended to provide an alternative to traffic violation citations and the accompanying points. HB 1066 would allow an individual to choose to take a basic driver improvement course in lieu of pleading guilty to a moving traffic violation. The citation would be dismissed and points could not be entered on the driver’s record if the individual completed the basic improvement course and paid the fine and costs ordered by the court. The individual would be ineligible to take the basic driver improvement course if the citation was for a reckless driving offense, the driver was operating a commercial vehicle, or if he or she had taken the course within the previous year or had attended three or more previous courses. The person taking such a basic improvement course would have to pay a fee of up to $100 and obtain a certificate indicating successful completion of the course. The bill has passed the House and gone to the Senate Committee on Judiciary.
Miscellany
Approval of Health Care cost increases — The Michigan Civil Service Commission approved the Memorandum of Understanding between the Department of Management and Budget and the Commission regarding the new rates for health care costs for retirees. These costs generally are patterned after the costs which apply to active employees. The detail of the increases have been sent to all retirees via a Civil Service Bulletin and will not be repeated here. SERA was instrumental in getting a partial reduction for prescription drug costs for those who retired prior to 1987 and consequently have the smallest pensions and greatest inability to absorb the cost increases. There were no objections by retirees to the Memorandum of Understanding when it was considered at the September 23 meeting of the Civil Service Commission.
Secretary of State now accepting MasterCard payments at centers — Payments by MasterCard are now being accepted at Secretary of State super centers and plus offices. Such payments were already accepted for telephone or Internet transactions by the Department of State. The Secretary of State finally was able to reach agreement with MasterCard to permit the Department to charge a transaction fee for face-to-face transactions. A similar arrangement is being sought from Visa.
ACLU sues state over voter list purging practice — The American Civil Liberties Union has filed suit against the Secretary of State over the manner in which voter lists are purged of names of ineligible voters. The issue impacts those individuals who change their addresses. If it is discovered that an individual has obtained a driver license from another state, their name is automatically purged from the voter list in Michigan. No check is done to determine whether the person has moved from the Michigan address. In the second instance, if a voter registration card is returned as undeliverable, the name is purged from the voter list without any follow-up. Michigan law requires that a name remain on the list for two election cycles after the card is returned as undeliverable. The ACLU alleges that many times the problem of a returned registration card is attributable to persons being transient (student for example) or living in an area where mail delivery is unreliable. The Secretary of State had no response to the ACLU lawsuit because they had not seen it.
Detroit Renaissance report on overcoming structural deficit — Detroit Renaissance a business organization has issued a report citing several causes of the state’s structural deficit and how it can be overcome. The report attributes the deficit to the Corrections Department budget, Medicaid, teacher retirement, and state employee health care cost. An estimated $360 million could be saved by reducing the cost of state employee health care and eliminating the defined benefits for teachers. The report claims state workers pay an average of 5% of health care premiums compared with other states’ employees paying an average of 23%. Doug Rothwell, a top aide to former Governor Engler heads up Detroit Renaissance.
People in the News
Bella Kennedy, a former Republican house member from Bangor died recently at the age of 90. Ms. Kennedy served from 1971 through 1982.
Ken Cockrel, moved from President of the Detroit City Council to Mayor of Detroit as the result of the forced resignation of former Mayor Kwame Kilpatrick. Mayor Cockrel has announced that he will run in the special election to complete the term of Mr. Kilpatrick. The primary will be held in February and the special election in May for a term that ends December 31, 2009.
Coleen Pubur’s appointment to the Liquor Control Commission by Governor Granholm was confirmed by default after the Senate refused to hold a hearing on the appointment. The Republicans claim she was unqualified for the position, but refused to disclose written evidence to that effect.
Bobby Crim, who served as Speaker of the House from 1974 to 1982, was named Speaker Emeritus by the House in a ceremony held in the House Chamber. Representative George Cushingberry officiated at the special ceremony.
Diane Hathaway, a Wayne County Circuit Court judge, was chosen at the Democratic Convention as a candidate for the Michigan Supreme Court to run against Chief Justice Clifford Taylor. The task of unseating an incumbent justice is a difficult one.
Andy Dillon, Speaker of the House, was unsuccessful in getting the Six Circuit Court of Appeals to uphold a lower federal court decision to overturn the recall effort against him. The Appeals Court overturned the federal district court decision. Thus, the recall question will be on the ballot in his Redford district. The recall effort is the result of his vote on tax measures last year.
Editor’s note: Alvin Whitfield is former President of the Lansing SERA Chapter and former Chairperson of the Michigan SERA Council and current Legislative Representative for both the Council and the Lansing Chapter. He may be contacted at 1241 Runaway Bay Drive, C-3, Lansing, Michigan 48917; phone 517/703-9666; e-mail: alwhit@worldnet.att.net.
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