Under the Dome
Capitol Update March 8 through April 2, 2010
School Food and Custodial Work Bid Mandate-The Senate Committee on Govt. Reforms and Restructuring took up SB 1074, which mandates non-instructional school food and custodial services be competitively bid out.
ISD Pooling Bill- The Committee on Govt. Reforms and Restructuring also took up legislation that would pool all school transportation services into the intermediate school district (ISD) and further require the ISD to bid out these services, SB 1229.
Cap on School District Reserves- The House Education Committee took up legislation that allows school districts to only keep 15 percent of their general revenues in the bank, HB 5963. The Michigan Education Association urged the committee to further trim fund balances as a way to prevent school aid cuts in the coming fiscal year, requiring districts to spend that money now would eliminate the need for the foundation grant cut for the current year and the cuts proposed for the coming two fiscal years.
School and State Employee Retirement Bills Introduced- Governor Granholm was able to get Republicans to introduce and sponsor her retirement package. On the House side, Rep. Rogers introduced the school employee legislation (HB 5953) and Rep. Moss introduced the state employee legislation (HB 5954). Senator Jansen sponsors the legislation on the Senate side (SB 1226 and SB 1227). Please see page 4 of the November 30th through January 28th, 2010 Under the Dome column for the Governor's proposal. Governor Granholm has asked the Legislature to approve the package by April 1, which she said would save $98 million in general funds in the first year. The House Oversight and Investigations Committee took testimony on this package, but did not have enough votes to report it out of committee. The Senate Appropriations Retirement Subcommittee sent a version of SB 1226 and SB 1227 that eliminated the enhanced multiplier to the full Appropriations Committee and the Senate Full Appropriations reported the package out to the Senate floor.
Anti-Unionization Package- The Senate Committee on Families and Human Services took up SB 1173, 1179 and 1178 for testimony. SBs 1173 and 1179 are nearly identical and amend PERA (the Public Employees Relation Act). These bills provide that individuals who receive a subsidy from the state (or political subdivision of the state) shall not be a considered public employee under the act and shall not be entitled to have a union election, recognition and a bargaining unit that is formed or recognized in violation of this subsection is invalid and void. This is an attempt to retroactively undo the organizing of both our home help workers as well as AFSCME's and UAW's childcare workers. SB 1178- amends the Social Welfare Act mandating that the DHS and DCH shall not require membership in a labor union as an eligibility requirement for a subsidy for a caregiver under this act. It also mandates that the DHS and DCH inform a person receiving a subsidy for care giving under this act of his or her right to decline participation in a labor union.
Credit History Discrimination Bill Taken Up By House Labor- The House Labor Committee discussed, but didn't take action on a bill that would prohibit most employers from using credit reports to make hiring decisions or otherwise penalize employees, HB 4528. Specific employers, banks and casinos, were exempted from this legislation. This is a re-introduction of legislation that SEIU has previously supported.
Federal Healthcare Opt-Out-Legislation that would allow state residents, employers and healthcare providers to opt-out of the federal health care legislation, SJR K, failed to get the necessary votes to pass the Senate. The vote was 24/14. A constitutional amendment requires 26 votes. Senator Barcia and Anderson joined Republicans in supporting this Constitutional amendment.
Correction Pool Nurses Exempt from the Double Dipping Law- The Senate passed legislation that provides an exemption in the state law banning state employees from receiving a salary and pension at the same time (double dipping law) to allow the Department of Corrections to hire back retired health care workers as long as they received money on a per diem basis with no benefits. HB 4248 passed 37-1.
End Retiree Healthcare Benefits for Elected Officials- The House Government Operations Committee reported out legislation that would end retiree health care benefits for many elected officials. SB 132 would eliminate retiree health care benefits for future elected officials in the state’s top offices and for Court of Appeals judges and Supreme Court justices, this passed the Senate February 24th. It would apply to those between the ages of 55 and 65 years old who are elected or appointed after November 1, 2010.
Conflict of Interest- Lawmakers who would personally gain financially from a bill would be prohibited from voting on that legislation and would have to state their conflict of interest for the record under a bill overwhelmingly reported by the House Ethics and Elections Committee and overwhelmingly passed the House 105-1, HB 4379.
Texting While Driving- The Senate made a major change to legislation that would ban motorists from texting while driving, they made the violation a primary offense, allowing police to ticket drivers for texting without having to first pull them over for committing another infraction. HB 4394 Then the bill passed the Senate by a 28-10 vote with 12 Republicans voting with all 16 Democrats in favor of passage. The legislation, which also includes HB 4370, was returned to the House.
Campaign Finance Fundraising Bill- Candidates would be barred from soliciting for and accepting campaign donations on public property under legislation unanimously reported out of the Senate Campaign and Election Oversight Committee, SB 4382. Under the measure, candidates for office could not solicit for campaign contributions, nor accept donations, on land the state or local governments owned or leased. Violations of the bill could result in being jailed for 90 days and facing fines of up to $1,000.
Pure Michigan Funding- The House and Senate agreed to $9.5 million in stopgap funding to allow the state to purchase advertisements in time for the summer tourism season for their "Pure Michigan" campaign. Governor Granholm called for a $2.50 rental car tax on cars rented from near airports to fund the state’s “Pure Michigan” campaign as part of her budget recommendations, which was rejected by republicans, SB 619 and HB 5018. After the Senate passed the legislation the House passed the bills 97-12 and 100-9, respectively. These bills were signed into law, as PA 37 of 2010 and PA 36 of 2010.
Park Fee- HB 5752 and SB 1057 would allow motorists to pay $5 for a motorcycle and $10 for all other resident motor vehicles for a park pass. When renewing their driver's license motorist would be asked if they wished to purchase such a park pass. According to the House Fiscal Agency, if every motorist purchased the pass, $61 million would be generated for upgrades at state parks and recreation facilities. The Governor signed these bills into law as PA 32, 33 and 34 of 2010. For more information on these fee bills and why is needed for the DNRE budget, please see Under the Dome column for October 12 through November 29, 2009.
DCH Backlog on Marijuana- The nearly three-month backlog is due to an unexpected volume of applications and not enough staff to keep up. The state originally expected the medical marijuana law to draw 5,000 to 8,000 applications in the first year, but as of mid-March, the state has processed more than 21,700 applications since the law took effect in April 2009. While the program has generated about $1.7 million in fee revenue, and the department has asked for five more workers to help process applications, what the state will soon be dealing with is card renewals. Residents whose application will eventually lead to a medical marijuana card are being told that their application stands if they haven’t received a notice of denial within 20 days.
AFL-CIO-Endorsed Virg Bernero (Democrat) for Governor.
Blue Care Network’s plan to buy Sparrow Hospital’s Physicians Health Plan (an HMO) will not go through due to threats of both state and federal regulators challenging the purchase.
Proposed Purchase of DMC- The DMC hospital system, the largest in the state with eight total hospitals, announced it is being purchased by Tennessee-based Vanguard Health Systems. Vanguard is a for-profit hospital company, which would convert the DMC from a nonprofit to an investor-owned corporation; only the second privately owned general medicine hospital system in the state (Doctors’ Hospital in Pontiac was the first). But Vanguard officials said the charitable mission of the hospitals would not change. The agreement also would ensure that all of the current facilities would remain open for at least the next 10 years. The Tennessee company specializes in buying hospitals close to bankruptcy and turning them into profitable enterprises. As part of the purchase, it announced it would spend more than $800 million in reinvestments and renovations to the DMC, with most of that centered on a major redevelopment of the Children’s Hospital of Michigan, the largest pediatric center in the state. The company also said it plans on developing a major heart treatment center.
Budgets:
Supplementals, Dairy fees- The supplemental (HB 5405) reported out on a unanimous vote a supplemental that only contains federal stimulus money for the emerald ash borer program, labor market information, workforce training programs and the Grand Rapids Veterans' Home nurse call system, totaling $9.4 million. The Senate version contains competitive grant funds for the State Energy Sector Partnership and Training Grant to provide training to individuals in environmentally friendly employment sectors. It also contains $1.3 million for a tri-state study in Michigan Indiana and Ohio to determine how to serve more effectively displaced autoworkers.
Another supplemental pending before the Senate (HB 5394) would spend $492,800 in general fund money for 13 new Department of Education employees to administer Michigan's education reforms, which passed late last year.
Dairy Fees- The House appropriations committee also passed a bill package increasing dairy inspection fees (SB 1131 and SB 1132. These fee increases are absolutely necessary to continue state inspections and allow dairy farmers to sell their dairy products in Interstate Commerce. They are absolutely essential to keep our members jobs, who work in the food and dairy inspection program in Dept of Agriculture. The House passed the two bills increasing dairy inspection fees SB 1131 by a vote of 65-42, and SB 1132 passed by a vote of 64-43. These bills were signed into law as PA 41 and 42 of 2010.
House Action:
These 8 budgets include a 3 percent general fund cut, although how departments would meet that cut was left up to them. The cut was not across-the-board, but instead it comes on top of whatever the House Appropriations Committee passed earlier, so some departments got less funding than the increase they expected or saw their cutbacks get worse.
General Government House HB 5880 - Overall, the general government budget, which funds eight state entities, totals $3.13 billion, up 1.1 percent from the current fiscal year. General fund support for the budget would increase by 3.3 percent, or $21.3 million, bringing the total to $668.6 million. It includes a $19 million cut in constitutional revenue sharing, based on revenue estimates from January, as well as a $151,800 increase for statutory revenue sharing. Counties coming back online to the revenue sharing system are also included in the budget. But the subcommittee recommendation whacks $10 million from statutory revenue sharing and $3.6 million from county payments, which equates to a 3.1 percent reduction. Other budget highlights include: A 1.8 percent general fund cut to the Department of Attorney General, mainly through cutting 15 full-time equivalent positions and other administrative and technology cost cutting measures. The Department of Civil Rights would see a 6.6 percent general fund cut through the loss of 10 positions. The executive office would see a 6.7 percent general fund reduction, which would be achieved through administrative cutbacks. The Legislature would get a 6.1 percent general fund cut, which also would be dealt with through administrative reductions. A 7 percent cut to the Legislative Auditor General through administrative cutbacks. A 23.5 percent reduction to the Department of State, which would be taken from various line items. A 3 percent increase for the combined Department of Technology, Management and Budget. A 31.3 percent increase in general fund support for the Department of Treasury, mainly because of a $54.7 million increase in debt service payments. The department will face administrative cutbacks, including staff layoffs.
The House full appropriations committee nixed the subcommittee's recommendation to cut revenue sharing by 3%, and instead, increase revenue sharing by 1%. Approval of 11 tax loophole bills would net $26 million in revenue to avoid the cuts and actually provide an increase to local governments. The committee tie-barred the general government budget to 11 tax loophole bills (HB 4487, HB 5391, HB 5392, HB 5393, HB 5417, HB 5418, HB 5419, HB 5420, HB 5421, HB 5422 and HB 5490). The full appropriations committee did adopt new boilerplate language mandating agencies report within six months on what areas they will achieve savings required by the budget. This passed the House passed on a 58-51 vote.
Department of Energy Labor Economic Growth HB 5884- Overall, the budget totals $1.5 billion of which only $44 million is paid for with general funds. That represents a 19.7 percent, or $10.8 million, in general fund spending for DELEG from the current fiscal year and is below the governor's recommendation. The Michigan Nursing Corps would cease to exist under the House subcommittee recommendation. General fund support for the nursing program had been reduced significantly last year and Ms. Granholm recommended deleting the remaining $300,000 in general funds. The subcommittee also reduced funding for the Workers Compensation Agency, Workers Compensation Board of Magistrates and Appellate Commission and Welfare-to-Work program by 3.1 percent. Fireworks that are currently illegal in Michigan would no longer be so and people who sold them would be charged a fee under a revenue assumption made in the House subcommittee version of the DELEG budget. The legislation to make the fireworks legal has yet to be introduced, but the fee is expected to generate nearly $3 million. Of that, $2.6 million would be used to replace fees for the Bureau of Fire Services.
Michigan State Police HB 5888- Overall, the subcommittee budget totals $537.4 million, of which $256.4 million is paid for with general funds. That represents a 1 percent, or $2.6 million, general fund cut from the governor's recommendation and is $1.1 million below current year funding for the department. Traffic tickets issued in Michigan would cost $5 more under the House subcommittee budget recommendation; it uses the $6 million in expected revenue to cover a series of programs. The Traffic Citation Assessment Fund is modeled after the $10 fee already assessed for traffic violations that pay for secondary road patrol and training. But money from the new fee would be broken out to fund various State Police programs, including $2.2 million for at-post troopers, $798,800 for the Criminal Justice Information Center, $1.4 million for information technology services, $1.39 million to cover local Law Enforcement Information Network (LEIN) fees, and $147,200 for mobile data terminal upgrades. The Democratic-led subcommittee also voted to close the Detroit State Police post, with savings from the changes totaling $1 million in general funds. In creating the new fund, the subcommittee rejected the governor's proposal to increase Internet Criminal History Access Tool (I-CHAT) fees from $10 to $15, which would have offset the LEIN costs. The subcommittee did not agree with Governor Granholm's budget proposal, which tapped $2.2 million from the secondary road patrol fund to pay for at-post troopers. The subcommittee also recommended adding $515,500 in Merit Award Trust Fund money to boost tobacco enforcement efforts in southeast Michigan while at the same time realizing a $300,000 general fund savings for at-post troopers because of those efforts. Trooper road patrols in Wayne County would also decline under the budget recommendation, with those troopers being assigned to other areas. The state's crime labs would see more funding to deal with the backlog of DNA evidence under a nearly $3 million shift from the State Services Fee Fund, which is paid for by the three Detroit casinos. The budget also includes a $100 placeholder for the seven Capitol security guards. The budget does concur with the governor's recommendation to decrease school bus inspections by allowing schools to certify their own mechanics or private mechanics and have the State Police do random inspection audits.
In full appropriations, the Detroit delegation had consternation over closure of the Detroit state police post and the republicans opposed it for its inclusion of a new traffic fund that would add $5 to every ticket issued in the state to pay for secondary road patrol, some information technology projects and the crime labs.
The State Police post in Detroit would remain under a revised budget that cleared the chamber on a 61-48 vote.
Military and Veterans Affairs - HB 5885- Overall, the budget totals $149.9 million gross, $35.8 million general fund. That represents a an $1.1 million cut in general fund spending compared to the governor's recommendation and $621,300 less than current year spending. Both the Grand Rapids Veterans' Home and D.J. Jacobetti Veterans' Home are scheduled to get $2 million more in federal funding under the 2010-11 budget, but both facilities would see a 3 percent reduction, or $1.1 million, in their general fund support. The budget then spends $500,000 of that money to maintain funding for state armory maintenance, which the governor proposed eliminating. The subcommittee concurred with the governor's other proposed cuts and expenditures, including decreasing funding for the Challenge Program. $600,000 for the Challenge Program was restored. The budget passed on a 57-52 vote.
Department of Agriculture HB 5875- The budget totals $72.8 million, $28.8 million in general funds, which is a 4.1 percent reduction in spending from the current fiscal year. It does match the governor’s general fund recommendation for the budget. The subcommittee budget does not recognize the governor’s proposal to increase dairy and migrant labor housing inspection fees, nor does it include her proposal to use refined petroleum fund monies in the budget, although all of those measures relate to restricted funds within the department. The budget passed 61-48, it also restored funding from the Refined Petroleum Fund with Rep. Espinoza, the budget chair, expected to introduce legislation extending the sunset on that fee.
Judiciary (HB 5883)- The House removed what had been the 3 percent pay increase for non-union represented state workers in the judiciary budget, which the Civil Service Commission removed earlier. It passed on a 61-48 vote, still relies on a transfer from the juror compensation fund to pay for some programs.
The Department of Transportation Budget and Department of Human Services Budget did not pass the House before Easter break. The board on the House floor was cleared with just 16 supportive votes for the Department of Transportation Budget and the Department of Human Services remains in appropriations committee.
Transportation Budget HB 5889- The most contentious budget. Enough Democrats had joined Republicans to transfer $75 million from the 21st Century Jobs Fund to meet the required state match for federal transportation funding, as well as sign off on an amendment halting all spending for the Detroit River International Crossing until the Legislature gives final approval for the project in June. On the House floor Democrats nearly united, these amendments were reconsidered and then rejected. Democrats were successful in getting the bill tied to an eight-cent hike in the gas tax HB 5768 and a 12-cent increase in the diesel tax HB 5769, both of which have lingered in another House committee. The measures would raise more than $220 million in the first year of implementation, which would more than compensate for the lack of $84 million in state matching dollars.
Department of Human Services HB 5882- Totals $6.998 billion of which $929.3 million is paid for with general funds. Would see a $77 million general fund increase, or 9 percent, from the current fiscal year under the House subcommittee recommendation. The budget, which was not taken up by the full committee before break, is lower than the governor’s recommendation of $959 million in general funds. The budget adds 151 child welfare workers and increases adoption rates by 36 percent to comply with the Children’s Rights lawsuit settlement in regard to caseload ratios.
Senate Action: All of the Senate originated budgets eliminated the 3% state employee pay raise in each budget.
School Aid SB 1163- Totals $12.66 billion gross, a 1.3 percent cut from current year. General fund, $225.6 million, is a 646.9 percent increase from current year. The spending plan would mean a $283 per pupil cut to schools and elimination of the $20 million in grants to declining enrollment districts. Schools would take a larger per-pupil hit than they did this year, but that would be offset some by reduced contributions to the pension system. Among other changes in the budget, the subcommittee eliminated all of the economic increases proposed by the governor, $286,900, but it included $300,000 for a new agriculture education program at Saginaw Valley State University. The subcommittee struck language regarding a basic supplies hotline for teachers, where they could call the Department of Education if they are not being provided needed materials. The provision, part of the "Race to the Top" reforms, instead allows local school districts to decide what is sufficient. The subcommittee also struck language that would restore Detroit Public Schools to a first class school district.
Department of Community Health Budget (SB 1152) - It totals $13.565 billion, $1.92 billion in general funds. Ms. Granholm called for a gross budget of $14.4 billion, $2.01 billion in general funds. It would slash $830 million gross ($70 million general fund) from Governor Granholm's proposal as the Senate Appropriations subcommittee rejected her proposal for a physician's tax and called for the elimination of the 3 percent pay raise now scheduled for unionized state workers. The budget also calls for a 4 percent cut in many physicians' Medicaid rates. And the budget cuts non-Medicaid funding for community mental health programs by 20 percent. Without adoption of the QAAP, the budget would lose $749.7 million in mostly federal revenues. The Medicaid rate cuts would affect all doctors but emergency rooms, primary care, pediatricians and obstetricians. It's estimated to save $12.6 million gross, and $3.4 million in general funds. Cutting 20 percent in non-Medicaid CMH funding would save $53.7 million in general funds. The budget also eliminates $25.4 million gross, $7.7 million general funds, in coverage for some caretaker relatives. It also eliminates $6.9 million in Medicaid coverage for some 19 and 20-year olds, ($2.1 million in general funds). It saves $2.2 million in general funds by switching responsibility for MIChild to Medicaid HMOs, which would add $3 million in gross funds to the budget. And it cuts $5 million in Healthy Michigan funding, all general funds. The budget also assumes more in savings from having a Medicaid inspector general, cutting $2.1 million in general funds because of that anticipation. But the budget also adds back in $19.6 million gross, $5.3 million general funds in reinstatement of Medicaid adult dental care. It also adds back in $1.2 million, $330,000 general funds, in Medicaid podiatric services for adults, and adds back in $2.1 million by rejecting background check costs for adult foster care homes. Senator Cherry was unsuccessful in returning $524,000 to the budget for early childhood programs that provide assistance and education to at-risk parents.
Higher Education (SB 1157)- Provides $1.57 billion for state university programs, with $1.53 billion of that general fund. Overall, the proposal is a 2.7 percent cut from current year funding. All university programs would be cut 3.1 percent. While university operations were cut 3.1 percent, the subcommittee restored the Tuition Grant Program for students at private colleges and universities and increased the Tuition Incentive Program Phase II, which provides aid toward a bachelor's degree to Medicaid-eligible students, by $6.2 million. Governor Granholm proposed eliminating both programs (she kept TIP Phase I, which helps with associate's degrees). The subcommittee would use general fund for the Tuition Grant. The TIP increase would come from the Merit Award Trust Fund (the Merit Award itself is fully eliminated in the budget) and federal Temporary Assistance for Needy Families funds. The bill includes language that the Legislature intends to set a floor of $3,775 per student, but under the appropriations, five universities would fall under that: Central Michigan ($3,709), Grand Valley State ($2,857), Oakland ($3,356), Saginaw Valley State ($3,354), and University of Michigan-Flint ($3,530). The subcommittee also inserted language requiring universities conducting stem cell research to report on those programs. The reports would have to include how many embryos were donated, how many were used and how many remain in storage, as well as how many stem cell lines were created during the year and how many research projects are underway. The Senate did adopt an amendment requiring the universities to report what they are doing to accommodate students taking certain actions because of their religious beliefs.
Community Colleges (SB 1163)- It provides colleges with $289.9 million, all general fund, a $9.4 million cut from Governor Granholm's recommendations. Reimbursements for renaissance zone losses are also cut, by 7.5 percent, based on expected reductions in property taxes during the year. Community colleges would take a 3.1 percent cut. Among the proposals Mr. Hardiman urged was SB 802, which would allow community colleges to opt out of the Public School Employees Retirement System, which colleges have argued is absorbing a growing proportion of their state aid.
Department of Corrections (SB 1153)- In total, the budget contains $2 billion ($1.91 billion general fund). That's a 2.2 percent increase from the current year (0.3 percent increase general fund). The budget contains about $33 million more than Ms. Granholm's recommendation (all general fund). The state's corrections system would get more money for substance abuse programs, jail reimbursement to local governments and programs to assist released inmates with their return to society under the Senate version of the budget. It not only adds money to Governor Granholm's recommendation, but it actually exceeds spending for the current 2009-10 fiscal year. It rejected Governor Granholm's call to close four or five prisons and release 7,500 inmates through the reintroduction of good-time credits, requiring the spending of more money. It assumes the rescinding of the 3 percent raise scheduled to begin October 1 for union-represented state employees. It also calls for the department to cut per prisoner costs by $1,184 through the implementation of several reforms recommended by auditor reports and outside entities. The bill increases funding for the Granholm administration's Michigan Prisoner Reentry Initiative Program by $8.7 million over current year funding. The proposed budget also is more than $10 million more than what Ms. Granholm recommended for the program. However, the Senate budget rejects the $22.7 million Ms. Granholm had requested for the MPRI program to address presumed increases in parolees from the larger increase in inmate releases. The subcommittee also ditched Ms. Granholm's request for $27.9 million in electronic monitoring of inmates for new parolees as well as $7.4 million in new field operations staff for the larger number of parolees. Ms. Granholm had proposed continuing current-year funding of $18.1 million for substance abuse programs, but the Senate budget would add $5 million. The governor had proposed $12.3 million for the county jail reimbursement program, but the Senate budget contains $16.6 million.
On the Senate floor- by Sen. Kuipers offered an amendment that was gaveled on, that was later stripped off under reconsideration, that would have required the Department of Corrections to accept bids from private entities for the housing of Level 1, 2 and 3 prisoners and mandate that the state go with the cheaper alternative between current operations and the private bids.
Department of Education- The budget contains a $1.1 million cut to the Library of Michigan. Both Ms. Granholm and the Senate agreed to the cut. The Senate has restored the $150,000 that Ms. Granholm proposed cutting in state aid to libraries. The Senate version of the budget also provides slightly less to the department than the $1.7 million Governor Granholm recommended to implement the "Race to the Top" school reforms. The Senate bill contains $1.57 million. An amendment added on the floor to ensure that all collections maintained, housed or owned by the Library of Michigan in 2009-10 must not be sold, leased or thrown away. The Library of Michigan budget is now under the control of the Department of Education.
Department of Natural Resources and Environment (SB 1161)- It provides $712.06 million gross funding, a cut from the $720.65 million executive recommendation, but still an increase from the $711.93 current year spending It contains $41.3 million, down from the $42.1 million recommended by the executive and the $43.95 million current year. The Senate committee agreed to cuts proposed by Governor Granholm in the number of deer check stations during hunting season, a number of permit programs (Water Withdrawal, Groundwater Discharge, Part 41 Wastewater Facility Construction, Soil Erosion and Sedimentation Control) and the Mackinac Island State Park. The chamber moved $90,000 from the LUST fund to the Clean Michigan Initiative to largely to pay the latter fund back for projects it covered for the former.
Court Decisions:
Voting Records are Public Information- Records from the 2008 presidential primary are public records and open to disclosure, based upon a ruling of the Michigan Court of Appeals. The legislation creating the 2008 primary also created a provision for separate records that would indicate who voted and which party they chose a ballot for that year, either Republican or Democratic, but not who the individuals voted for. Those records were to be made accessible just to the two parties and then the state would not retain the records. Judge William Whitbeck, writing for he and Judge Stephen Borello, said, in Practical Political Consulting v. Land (COA docket No. 291176), "there is no question that the 'separate record[s]' created ... for the 2008 presidential primary that contain the printed name, address, and qualified voter file number of each elector and the participating political party ballot selected by that elector at the 2008 presidential primary are public records." The records can therefore be released under the state's Freedom of Information Act, Mr. Whitbeck said.
Federal Level-
Healthcare Reform Passes Congress, Senate and Signed by the President-
G.O.P. Launches Challenges To Health Care Law- Attorney General Mike Cox joined with 12 state Attorney Generals to file a legal challenge to the law’s constitutionality, contending that health care law violates the 10th Amendment of the U.S. Constitution that reserves those powers to the states not expressly granted to the federal government in the Constitution. The challenge contends that the law does not fall under the so-called commerce clause of the Constitution that empowers Congress to regulate interstate commerce. The lead state in the lawsuit is Florida, and the case was filed in the U.S. District Court for Northern Florida. The suit names the U.S. Departments of Health and Human Services, Labor and Treasury. Other states joining the suit are South Carolina, Louisiana, Nebraska, Texas, Utah, Alabama, Colorado, Pennsylvania, Washington, Idaho and South Dakota. Virginia has filed a separate lawsuit.
House Discharge on Health Care Opt-Out- The House Republicans sought to discharge HJR Z and HJR CC from committee, legislative Republicans did orate on how the federal law overstepped the bounds of the Constitution by requiring citizens to purchase health care and allowing residents, employers and healthcare providers to opt-out of the federal legislation. The debate was quickly halted when Democrats procedurally passed over the two measures for the day without discharging them to the floor.
Healthcare Implementation Executive Order-Governor Granholm created a new council to oversee implementation of the new federal health care legislation in the state as she also launched plans to try to convince residents that the reform will be a positive for the state. Granholm signed an executive order naming Office of Financial and Insurance Regulation Commissioner Ken Ross as the state’s insurance ombudsman and creating the Health Insurance Reform Coordinating Council chaired by Community Health Director Janet Olszewski. She also used the executive order (No. 2010-4) signing at Sparrow Hospital in Lansing as a platform for herself and health professionals to tout the benefits the state will see under the legislation signed by President Barack Obama last week.