Gongwer News Service Michigan

The Capitol building was evacuated this morning in response to a threat emailed to the general account for the Michigan State Capitol Commission , the Department of State Police said.

The threat was sent around 7:45 a.m. Wednesday, according to an email from Lori Dougovito of the communications and outreach division with MSP.

Michigan's Capitol building is one of five closed Wednesday in response to a threat. Minnesota, Georgia, Kentucky, Mississippi and Connecticut also closed.

Capitol Evacuated Following Security Threat

It's been almost a year since the reports of children illegally working in food production and auto manufacturing jobs in Michigan broke in the New York Times.

Last summer, Rep. Phil Skaggs (D-East Grand Rapids) introduced bills in the House to increase penalties for companies that violate existing child labor laws, which were reported to the floor in October. The legislation didn't see any additional activity before the end of the session.

HB 4932 would increase financial penalties five to 10 times their current levels, which currently start at $500. The fine structure hasn't been changed since 1981. HB 4962 would alter sentencing guidelines to encompass criminal penalties for violating youth employment regulations.

Increased Penalties For Child Labor Still On The Table In 2024

The first all-Democratic government in 40 years finished out 2023 with 321 public acts, the most bills signed into law in the first year of a term since 2011.

That year, probably not coincidentally, also was the first year of a new Republican trifecta, which similarly brought an onslaught of pent-up policy.

2023 also was the first veto-free year since 2015.

Four months into the year, 2023 already had seen the largest number of significant policy changes signed into law. That trend continued until the Legislature adjourned for the year November 14, the earliest sine die adjournment for a Legislature since the 1960s in the years before the Legislature moved to a full-time schedule.

Here are the top 10 new laws Gongwer sees as the most significant.

In ranking the statutes, Gongwer assessed the sweep of each law's impact on the public and the controversy surrounding it. Some similar acts are grouped together.

10. CLEAN DRINKING WATER
9. THIRD GRADE READING RETENTION REPEALED
8. ORAL CHEMOTHERAPY FINALLY PASSES

Gongwer's Top 10 Laws Of 2023

A panel of federal judges ruled several of Michigan's legislative districts need to be redrawn while the Court of Claims agreed with the state in its interpretation of an income tax cut being for one year only rather than permanent.

Both are significant court rulings coming down on the last business day before Christmas.

The three-judge panel overseeing the lawsuit challenging key districts created by the Independent Citizens Redistricting Commission ruled the districts as drawn violate the U.S. Constitution's Equal Protection Clause.

BREAKING NEWS

Rob and Anne Minard, longtime political consultants and allies of former House Speaker Lee Chatfield, were charged today with financial and public corruption crimes by Attorney General Dana Nessel.

Nessel announced no charging decision has been made regarding Chatfield.

The Minards, who rose to prominence and to the top of state government and politics through their association with Chatfield, have been charged with misappropriating funds from various entities, state campaigns, PACs and a lobbying firm.

They are accused of financially exploiting and defrauding entities through a pattern of improper reimbursements.

Gongwer News Service will have more on this story in today's Michigan Report.

https://bit.ly/3ONAnkp

AG Charges Minards; Chatfield Inquiry Remains Open

Supplemental spending bills wiping out the debt in several school districts, establishing funds for the new education department that took effect this month and moving money toward Highland Park water infrastructure improvements were signed by Governor Gretchen Whitmer on Monday.

Whitmer signed SB 174 and HB 4292 (PA 320 and PA 321, respectively). The two bills appropriate more than $640 million and take effect on February 13, 2024.

"Across Michigan, we are lowering costs for families, fixing the damn roads, and ensuring every student can get a quality education," Whitmer said in a statement. "These supplemental bills will alleviate school debt in districts that were hardest hit by financial issues, fund projects in universities throughout our state, and fix the damn roads and bridges in communities across Michigan. I look forward to working with my legislative partners to build on the work we've done and continue lowering costs, creating jobs, and helping more people build a bright future right here in Michigan."

Whitmer Signs Supplemental With Highland Park, School, MiLEAP Funds

A specific proposal for solving Michigan's seemingly eternal road funding shortage, which Governor Gretchen Whitmer asked her Growing Michigan Together Council to produce, was notably absent from the council's otherwise detailed report on how to grow the state's population.

It further raises the question of how Whitmer will fulfill her top campaign promise from her first campaign for governor in 2018, to "fix the damn roads." The governor's 45-cent per gallon fuel tax increase of 2019 never got traction. The Republican-led Legislature and the governor never could find an agreement during the remaining three years of her first term.

During the governor's 2022 reelection campaign, she said her new tack on roads would be to appoint a stakeholder's group in 2023 to propose a long-term funding solution for the state's deteriorating roads. In 2020, Whitmer used the State Transportation Commission to sell $3.5 billion in bonds to surge construction on state freeways and trunklines, but those funds will soon be exhausted, and they never helped locally controlled roads, which are in worse shape.

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https://bit.ly/3RMQwt6

Population Report Veers From Road Funding Solutions By Zachary Gorchow

Expanded Earned Income Tax Credit refunds will begin going out in February 2024, which is earlier than originally expected, Governor Gretchen Whitmer announced this morning.

Lawmakers expanded the EITC, now called by state officials the Working Families Tax Credit, last year. But the bill didn't get immediate effect. So while the credit was expanded for the 2022 tax year, refund checks didn't go out last year.

Once the law takes effect on February 13, 2024, checks will start going out. They will be the difference between the 6 percent tax credit Michiganders received on their tax return and the 30 percent that is owed to the under the new law. Based on data from last year's returns, Michiganders should expect to receive an additional $550 on average, the governor's office said.

2022 EITC Refunds To Start Going Out In February

Michigan needs to do more for government transparency, Secretary of State Jocelyn Benson said during a press conference Tuesday where she unveiled a new online tool for Freedom of Information Act requests from the Department of State.

Benson said she was happy to see Governor Gretchen Whitmer sign financial disclosure legislation into law last week, but that those laws could not be the last step Michigan takes toward transparency.

"We've been very clear about the need and also about the need for us to be able to enforce whatever protections they enact," Benson said. "We hope to see this made a priority in the new year.

Michigan is ranked last out of the 50 states for government transparency and accountability by the Center for Public Integrity, a nonprofit investigative journalism organization.

Benson Makes Appeal For More Gov't Transparency With New FOIA Tool

The first significant changes to Michigan's hate crimes law since the 1980s will have to wait until next year to see final passage, with lawmakers and officials saying there is support for updating statute to combat a rise in such crimes.

Before the Legislature left for the year, the Senate passed two bills in the hate crimes package (HB 4476 and HB 4477) which would ban institutional desecration. They were also enrolled by the House.

The two bills would ban desecration against specific institutions because of their association with a group of individuals, while also outlining misdemeanor and felony penalties. Places of worship were the focus of testimony when the bills were in committee.

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Lawmakers Hope To See Hate Crimes Package Move In '24 By Nick Smith

Justices of the Michigan Supreme Court and attorneys robustly debated how the consequential "adopt and amend" case should be decided and what remedies were reasonably available during oral arguments held Thursday.

Before the court was Mothering Justice v. Attorney General (MSC Docket No. 165325). The lawsuit has asked the bench to decide whether the Legislature can amend a voter-initiated law it adopted in the same legislative term.

Justices also will decide whether two controversial 2018 initiative petitions can take effect: one that called for raising Michigan's minimum wage to $12 per hour by 2022 and bringing the tipped minimum wage up to the regular minimum wage and another that mandated paid sick time for workers.

https://bit.ly/3sYYw0J

Justices Focus On Potential Remedy In Adopt-And-Amend Oral Arguments

An executive directive from the governor requesting departments and agencies quicken the permitting process came in early August, but the circumstances that led to the governor's directive remain a mystery and obtaining records that might shed light on the reasoning has proven difficult.

On August 3, Governor Gretchen Whitmer issued Executive Directive 2023-04, which called on departments and agencies to speed up the permitting process and make it more transparent and efficient overall.

Gongwer News Service submitted Freedom of Information Act requests on August 14 to the Department of Transportation, the Department of Labor and Economic Opportunity, the Department of Licensing and Regulatory Affairs, the Department of Environment, Great Lakes and Energy, the Department of Agriculture and Rural Development and the Department of Natural Resources. The request sought communications from June 1, 2023, through August 5, 2023, discussing permitting delays and discussions about the pending executive directive to speed up the permitting process.

What Prompted Directive Streamlining Permit Process Is Unknown

An executive directive from the governor requesting departments and agencies quicken the permitting process came in early August, but the circumstances that led to the governor's directive remain a mystery and obtaining records that might shed light on the reasoning has proven difficult.

On August 3, Governor Gretchen Whitmer issued Executive Directive 2023-04, which called on departments and agencies to speed up the permitting process and make it more transparent and efficient overall.

Gongwer News Service submitted Freedom of Information Act requests on August 14 to the Department of Transportation, the Department of Labor and Economic Opportunity, the Department of Licensing and Regulatory Affairs, the Department of Environment, Great Lakes and Energy, the Department of Agriculture and Rural Development and the Department of Natural Resources. The request sought communications from June 1, 2023, through August 5, 2023, discussing permitting delays and discussions about the pending executive directive to speed up the permitting process.

https://bit.ly/3sTMIgc

What Prompted Directive Streamlining Permit Process Is Unknown

Senate Majority Leader Winnie Brinks said this week she was proud of the huge amount of major policy work her slim Democratic majority sent to the governor this year, adding there will be much more to accomplish in the coming year.

The first year of Democrats fully controlling state government in 40 years was spent tackling a long-time party wish-list, including the repeal of right to work and abortion restrictions, reinstating the prevailing wage, expanding LGBT protections in law, passing fi****ms restrictions and making sweeping changes to state energy policy.

"It was an incredible time of opportunity and enthusiasm and renewed energy for the good things that can happen when people work together in a concerted way at the state government level," Brinks (D-Grand Rapids) told Gongwer News Service Monday during a year-end interview. "One of the most gratifying things was being able to get through so many really key significant topics for us, not just as Democrats but for the people of our state."

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https://bit.ly/3sSXbZi

Brinks: Gratifying '23 Will Be Followed By No Shortage Of Work In '24 By Nick Smith

As a lack of affordable housing in the state continues to confront low-income residents, many community college students are feeling the brunt of out-of-reach rent.

The National Postsecondary Student Aid Study by the U.S. Department of Education found that, nationally, 8 percent of community college students experienced homelessness in 2020.

Brandy Johnson, the president of the Michigan Community College Association, said housing — especially affordable housing for low-income students — is an area of focus for the organization.

"The cost of living has become so high that it's really difficult to afford a place (to live) when you're a low-income community college student trying to make a better life for yourself," Johnson said.

Gongwer News Service-Michigan

A glut of criminal cases seeking leave to appeal on sentencing grounds were remanded Wednesday to the Court of Appeals by the Michigan Supreme Court, with justices citing their recent decision in People v. Posey.

The 4-3 ruling in Posey (MSC Docket No. 162373) held that courts can review criminal sentences that are within the proper guidelines outlined in law. It was a lengthy and complicated decision with several additional opinions and dissents. The ruling also held the same due-process protections that apply to an in-court identification of a defendant preceded by an unnecessarily suggestive pretrial identification procedure also apply to identifications made for the first time during a trial (See Gongwer Michigan Report, July 31, 2023).

The ruling said state law impermissibly blocks appellate review of sentences that are within the range allowed by sentencing guidelines. In this holding, it also overruled People v. Schrauben, a 2016 decision requiring the Court of Appeals to affirm a trial court's sentence if within the guidelines.

https://bit.ly/40XL3ml

Supreme Court Remands 50+ Sentencing Appeals Due To Recent Ruling

Infrastructure improvements, including roads, broadband and water, are a top priority for current residents seeking to stay in Michigan, a report released Tuesday showed as Chief Growth Officer Hilary Doe and the Growing Michigan Together Council consider a population growth strategy.

Doe has been traveling the state since August, holding more than 70 events both in person and virtually. The report released Tuesday focuses on challenges the state faces but also reasons why residents continue to live in Michigan.

The report's release comes more than two weeks before the Growing Michigan Together Council is due to release its report to Governor Gretchen Whitmer. That report is due December 15.

Also on Tuesday, the Michigan Catholic Conference highlighted a letter sent in October to the council urging it to focus on family growth and support in its recommendations for reversing the state's stagnant population.

Gongwer News Service-Michigan

An outpouring of tributes, grief and shock washed over the Capitol community Monday over the death of Kathy Wilbur, a giant in state government and higher education whose career spanned almost 50 years through the legislative and executive branches as well as two of the state's public universities.

Wilbur, 70, died Sunday morning at her Okemos home surrounded by family after a sudden recurrence of cancer, the disease she had beaten back after a first diagnosis in 2004.

Only five weeks ago Wilbur announced she would retire as senior vice president of government relations at Michigan State University effective in January. Friends said not long after the announcement, she began experiencing pain and received the cancer diagnosis. Her eldest son, Tom Wilbur, said she decided to keep her battle private, so a relatively small circle was aware.

Last Friday, word began to circulate her condition was dire. When word spread Sunday she had died, the grief was palpable. Wilbur was a friend and mentor to too many people to count.

"She was the complete package," said former Governor John Engler, who named Wilbur to lead three different departments in his administration.

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Capitol Grieves Death Of Kathy Wilbur, 70 By Zachary Gorchow

Republicans are condemning Governor Gretchen Whitmer and the Democratic majority for the deal Michigan made with Ford Motor Company to build an electric vehicle plant in Marshall after the company announced Tuesday it is scaling back the project.

Ford said the plant will now support 1,700 jobs with a capacity of 20 gigawatt hours. Previously, the automaker said the $3.5 billion plant would create 2,500 jobs and 35 gigawatt hours of capacity.

Ford Downsizes Planned Marshall EV Plant Despite State Incentives

FREE READ: GOP Clerks Say No Challenge To Presidential Primary

Republican clerks are not thrilled about the earlier 2024 presidential primary date, but they're not planning any legal challenges to the law, which will go into effect just two weeks before the date of the election on February 27, 2024.

Secretary of State Jocelyn Benson, a Democrat, has said the clerks can begin to run the February 27 election prior to the law moving the election to that date taking effect on February 13, undertaking activities like printing ballots and distributing absentee ballots.

Macomb County Clerk Anthony Forlini, a Republican, said he hadn't heard any talk of any sort of legal challenge to the presidential primary date, regardless of when the law technically goes into effect.

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https://bit.ly/3MN4qZu

GOP Clerks Say No Challenge To Presidential Primary By Elena Durnbaugh

ANN ARBOR – The U.S. economy is expected to avoid a recession during the next two years, economic experts at the Research Seminar in Quantitative Economics at the University of Michigan said Thursday.

Economists gave presentations on the national economic outlook for the next few years at the seminar, a two-day conference held at the University of Michigan in Ann Arbor.

"Spending was quite strong in the third quarter, and so it's been surprising how resilient that has been and how resilient the overall economy has been faced with these tightening credit conditions and financial conditions," said Daniel Cooper, vice president of the Federal Reserve Bank of Boston, who presented at the conference.

Economists: Slow-Down Expected, But U.S. Likely Avoids A Recession

Lawmakers are expected to take another crack at expanding the Freedom of Information Act to include the Legislature and the governor's office next year, and multiple groups are hopeful the attempt at improving transparency can be signed into law this session.

Officials from the Mackinac Center for Public Policy said that although expanding FOIA is a good idea, the legislation could be improved in the months ahead. The reasons given included the litany of exemptions and its broad language that could make records difficult to obtain as under existing FOIA law.

Gongwer News Service-Michigan

Like many 5-year-old girls, Annabelle Marsh, of Milford, likes to play with Barbies and baby dolls. Her favorite color is blue, and she likes to watch movies and play Guess Who.

Unlike most 5-year-olds, Annabelle is paralyzed from the neck down. When she was 3, she was in a car crash that permanently damaged her spine.

Annabelle said she remembers a bit about the car crash.

"They put me on a medicine to make me sleep," she said. "When I woke up, I was talking to my mom, because she was crying. Because we got into a car accident, and we were at McDonald's, and she was crying."

https://www.gongwer.com/news/index.cfm?a=622230102

The State Board of Education heard a presentation Tuesday about the more than 1 million children receiving free breakfast and lunch and how the new meal plan has allowed schools to expand their staff and experiment with new foods.

Melanie Brummeler, interim assistant director of the Office of Health and Nutrition Services, said 100 percent of all public schools are participating in the national school lunch program and school breakfast in the state, with 1.3 million students having access to at least two free meals at school.

Brummeler said preliminary data showed there were almost 112,000 more students eating lunch and 57,000 more students eating breakfast daily than in August 2022.

Gongwer News Service-Michigan

Only 65.4 percent of third graders were at least partially proficient in English Language Arts based on Michigan Student Test of Education Progress scores, but only 5.6 percent received scores that would have made them eligible for the repealed retention portion of the Read By Grade Three law.

"While we made some progress last year, as we emerge from the pandemic, too many of our children continue to struggle with literacy," Superintendent of Public Instruction Michael Rice said in a statement. "Children require more time in school with highly trained, certificated educators and tutors, and more diverse classroom reading materials that encourage children in a wide range of ways to seek out books as sources of information and inspiration."

https://bit.ly/3QWNvpy

Gongwer News Service-Michigan

KALAMAZOO – The federal redistricting trial moved onto closing arguments after judges heard five days testimony focusing on if race was a predominating factor when the state's redistricting commission drew its maps in 2021.

After the defense rested its case, Judge Raymond Kethledge said testimony from experts Tuesday raised the question of what "cohesive" means when analyzing voter data on race and how cohesiveness can determine if racial polarization occurred in an election. The case of Agee v. Benson has been largely focused on the use of race as a driving factor for the Michigan Independent Citizens Redistricting Commission when drawing the districts in the metro Detroit area.

Lisa Handley, the racially polarized voting expert, finished her testimony Tuesday. Handley said she shared the minority voting report analysis with the commission in November 2021. Her analysis only looked at about 30 general election results during the past 10 years.

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Redistricting Trial: Definition Of Cohesion Among Black Voters TBD By Alyssa McMurtry

It's official. The Legislature will adjourn for the year Tuesday.

HCR 11 cleared both chambers Thursday setting the sine die adjournment date for November 14.

Legislative leaders were mum on the details, but it was widely expected the Legislature would adjourn earlier for the year – essentially canceling two to three weeks of session in December – to allow the presidential primary bill to take effect next year. House Democrats losing their majority next week with the House going to 54-54 following the pending resignations of Rep. Kevin Coleman (D-Westland) and Rep. Lori Stone (D-Warren) to become their hometown mayors added fuel to the earliest sine die in decades.

With sine die on November 14, all bills signed into law this year not given immediate effect will take effect February 13, 2024, unless there's a specific effective date in the bill after that date.

Legislature Calls It Quits On '23

SUBSCRIBERS: The latest Gongwer Weekender is out. Check your email and read about an epic few weeks that will be long remembered!

During a late-night session Wednesday, the House managed to muster up the votes to pass financial disclosure requirements with the help of some Republicans as several Democrats voted no. The passage of the bills left a bipartisan group of lawmakers unhappy.

The moves to get the package across the finish line in the House involved a late-night session, a vehicle bill to add an additional piece to the package, dozens of rejected amendments, including some from the chamber's own chair of its ethics committee, and the voting board staying open for 40 minutes while those who were uneasy about the legislation decided if they would vote yes to give the bill sufficient votes to pass.

Gongwer News Service-Michigan

Legislation to create a Prescription Drug Affordability Board remains in a House committee as a traditional two-week break and potential early sine die inch closer.

SB 483 , SB 484 and SB 485 would create a regulatory panel to review and cap prices on common prescription drugs passed. The bills passed the Senate on October 4 and haven't had a hearing in the House yet. Multiple sources tracking the issue said it seems unlikely the bills will move this week but did not completely rule it out.

The board was proposed by Governor Gretchen Whitmer during her August speech outlining her fall agenda. They are also a key priority of Senate Majority Leader Winnie Brinks (D-Grand Rapids).

Prescription Drug Board Fate Unclear In The House

Tomorrow is Election Day; you know Gongwer will be covering it all, but there are some key elections:

Warren/Westland mayoral races
Ma*****na business decisions
Large school bond proposals

Full coverage Tuesday at gongwer.com

Curious about what is on your specific ballot or your polling place: https://mvic.sos.state.mi.us/

Michigan's minimum wage will increase from $10.10 to $10.33 an hour starting January 1, 2024, the state announced Friday.

This increase is under the Improved Workforce Opportunity Wage Act of 2018, the law that was amended during the 2018 session after the Legislature adopted an initiated law that would have increased the minimum wage – including for tipped workers – to $12 an hour.

Gongwer News Service-Michigan

SUBSCRIBERS: Check your email for the 2nd Edition of the Weekender, a new product hitting your email every Saturday morning.

Legislation giving the Public Service Commission siting authority over large solar and wind projects and setting a 100 percent clean energy standard narrowly passed the House about midnight Thursday following a day of negotiating and writing amendments.

Late Thursday night, the House adopted a substitute for HB 5120 and then a whopping 24 amendments to the bill, the main bill in the siting package before passing it and HB 5121 on a party-line vote. So complex and detailed were the changes to the bill that it was not until 3 a.m. Friday that the nonpartisan staff had pieced it all together and posted the House-passed version online.

Gongwer News Service-Michigan

Legislation to enact the first financial disclosure requirements for elected officials cleared the Senate Wednesday with broad bipartisan support along with a bipartisan acknowledgment that more needs to be done to improve government transparency and accountability.

Supporters of the financial transparency legislation called its passage a long-overdue first step in strengthening government transparency and accountability.

Opponents of the bills and even some supporters expressed disappointment in the process, having come quickly near the end of this year's session, and that much more could have been done to achieve what the people voted for in Proposal 2022-1.

https://bit.ly/45ZQbHn

Senate OKs Financial Disclosure; House Facing Pushback

More than $600 million in supplemental funding for the previous and new fiscal years was approved today by a conference committee, including capital outlay projects at several universities and community colleges, emergency loan debt relief to school districts and funds for the new education department announced earlier this year by the governor.

Several federal funding items are included as are multiple community enhancement and other individual project grants.

A total of $615.6 million is contained within HB 4292, with the conference committee report adopted Thursday morning by a 4-2 vote along party lines.

https://www.gongwer.com/news/update.cfm?u=101

The Democratic Senate majority voted Tuesday on legislation that would end the ban on hiring transportation assistance to the polls over Republican objections and amendments seeking to ban electioneering and voter intimidation during rides to voting locations.

The first bill, HB 4567, would eliminate a provision in statute in which voters would have their ballot marked as challenged if they register within 14 days of an election and at the time of registration show a form of identification and proof of residency that is not a driver's license or a state-issued identification card.

It was the proposal that would lift the ban on hiring transportation assistance to the polls, however, that drew Republican pushback.

Under HB 4568 , the prohibition on hiring transportation for taking non-disabled voters to the polls would be lifted.

https://bit.ly/3S9FoqH

Senate Passes Bill To Enable Rides To Polling Places https://www.gongwer.com

Health insurers will be required to cover oral chemotherapy the same as intravenous treatments under legislation signed Tuesday by Governor Gretchen Whitmer.

Whitmer also signed bills to reimburse local governments for changes in small business personal property tax exemptions, require filters in child care centers and amend the application process for small business property tax exemptions.

Another set of bills signed Tuesday includes county corrections officers and public safety officials in guidelines on mandatory arbitration of labor disputes.

https://bit.ly/3s6SlqO

Whitmer Signs Oral Chemo, Local Gov't Reimbursement Bills https://www.gongwer.com