What Ideas are Dead, What’s Still Alive in a Dem Senate and Republican House?

Beginning this year, Michigan’s Senate and House will be led by opposite parties for the first time in around 15 years. In the next era of divided government, what legislative ideas will survive, and what is dead on arrival?

On last week’s episode of the MIRS Monday podcast, outgoing state Rep. Graham Filler (R-St. Johns) and previous Democratic state Rep. Henry Yanez, a current Sterling Heights city council member, participated in a year-end round table discussion. Also on the panel was Tony Zammit, the communications manager for Michigan State University’s Institute for Public Policy and Social Research, as well as the Michigan Republican Party’s past communications director.

House Republicans, who will run the chamber with a 58-52-seat majority, have made clear their intentions to put forward legislation canceling the scheduled and gradual elimination of Michigan’s tipped wages system. The dated changes were put forth by the Michigan Supreme Court in a summer ruling, addressing ballot initiatives that lawmakers adopted and amended unconstitutionally.

The Senate’s Democratic caucus is divided on the subject, while Republicans in the chamber have also signaled being ready to block the changes.

Moreover, incoming House Majority Floor Leader Bryan Posthumus (R-Rockford) is promoting his intentions to require proof of citizenship and photo ID to vote. The effort would undo the Proposal 2 of 2022 provision that made signing an affidavit to enter the polls – instead of physically showing an ID – a constitutional right.

However, Posthumus’ goal could be extremely difficult to achieve, as a constitutional amendment requires the support of two-thirds of members in the Senate and House, requiring more than what the partisan majorities have. In 2021-22, during a Republican-led Legislature, Democrats routinely opposed legislation ramping up Michigan’s ID-to-vote standards, and the Governor rejected them with a veto pen.

Meanwhile, Democrats will have a tight 19-18 seat majority until now-former Sen. Kristen McDonald Rivet (D-Bay City)’s seat is filled in a special election, now that McDonald Rivet will be in Washington, D.C. representing Michigan’s 8th U.S. House district.

If a Republican wins a special election for the 35th state Senate district, then the Senate will have a 19-19 split, and Democratic Lt. Gov. Garlin Gilchrist II will be able to cast a tie-breaking vote.

As for the upcoming 19-18 Democratic Senate and 58-52 Republican House, it will be somewhat similar to the 2008-10 legislative term. Then, Democrats had a 67-seat majority in the House and Republicans had a 21-seat Senate majority, and the governor was Democrat Jennifer Granholm.

During the term, 1,074 bills were signed into law, more than three times the number of bills signed so far this term amid the Democratic trifecta in state government. The reason for the high number of bills in 2008-10 was significantly connected to the Great Recession, following the approximately 600,000 job losses in Michigan from December 2007 to June 2009.

When MIRS asked about the following policy proposals, here is how Yanez, Filler and Zammit responded:

A Spending Supplemental Bill To Renovate Detroit’s Riverfront And The Renaissance Center Skyscrapers?

In November, General Motors Company and Bedrock Detroit – Michigan billionaire Dan Gilbert’s commercial real estate firm – announced a conceptual plan to redevelop the skyscrapers, especially now that General Motors is actively moving out of the building. It includes a request for public funding of $250 million.

There could also be a desire from some Detroit leaders and business executives to make Southeast Michigan more attractive for corporate development, like through more working-class-centered housing projects and public transit upgrades.

Yanez says such a spending package has a chance at surviving.

“The Republican funders want it, and it’s going to happen, and labor’s going to want it, and they’re bringing the Democrats along,” Yanez said. “I’ve already seen this movie. It’s going to happen.”

However, Filler said he can’t imagine people being able to sit in a bipartisan room together to hash it out.

“Now if it does (happen), that speaks great volumes to a very good Hall-Whitmer relationship,” he said, referencing Gov. Gretchen Whitmer and House Speaker-elect Matt Hall (R-Richland Township). “But it just can’t be a standalone. It probably has to be part of a bigger picture.”

Higher Penalties For Fentanyl Manufacturing And Distribution?

Fentanyl was talked about heavily by Republicans as part of their immigration-regulation message this election cycle. According to USAFacts, the government trends and spending researcher, there were 2,997 overdose deaths in Michigan in 2022, equal to 30 deaths per every 100,000 residents.

Of those overdose deaths, 74 percent were linked to fentanyl and other synthetic opioids.

“Those are my bills. Those are some good bills right there. Yes, people are together on this,” Filler said. “They can do it.”

Both Zammit and Yanez agreed with Filler.

“It’s whether Whitmer puts her name to them, and it’s going to be dictated by national politics,” Zammit said. “Someone running for president (is) going to want to be hard on drugs.”

A Higher Tax Or Fee Linked To Nicotine and Tobacco Products?

Michigan almost saw a $500 annual licensing fee placed on retailers selling nicotine and tobacco products, but due to tie-bars between identical Senate and House bills, requiring that one could not become effective without the other, the legislation did not survive lame duck 2024.

“I just don’t see a Republican House focusing on that,” Filler said, with Zammit agreeing.

However, when hit with the “Protect the Zyns” joke, Yanez clapped back quickly with “protect our kids.”

“If Republicans don’t want to do that, it’s on them,” Yanez said.

Disclosure Of A Lawmaker Having A 501(c)(4) Nonprofit Benefiting Them?  

Nonprofits called 501(c)(4)s have become controversial in Michigan politics, as they create a window for politicians to benefit from non-disclosed donations from anonymous funders. This year, the House Ethics Committee approved legislation requiring reporting to the Secretary of State on any 527 and 501(c)(4) nonprofits that are affiliated with an elected official or candidate.

“Politicians telling on themselves? Never going to happen,” Yanez said.

Zammit said 501(c)(4) transparency is unfortunately one of those issues he thinks will need to come down to citizens voting them through on their own, “because I don’t think legislators are actually going to address them.”

Filler thinks Zammit and Yanez are probably right.

Reforming The ’19 Auto Insurance Reform  

The Senate in fall 2023 moved legislation undoing the 45 percent reduction in how much insurers must reimburse for the care of catastrophic car crash survivors, which was part of the Legislature and the Governor’s 2019 auto insurance reform.

The House did not touch the bills that the Senate passed, resulting in criticism against House Speaker Joe Tate (D-Detroit) from some of his fellow Democrats and homecare activists.

Four Republican senators did support the proposal in October 2023, while Sen. Sylvia Santana (D-Detroit) joined most Republicans in opposing it.

Filler predicts it’s never going to move next year.

“First of all, no one will get in a room to talk openly. I mean, the sides have always been at pitched warfare with each other,” he said. “The second part is, in my opinion, the system is working.

He added that there’s a political bent, with trial lawyers and other groups supporting such reforms to the 2019 auto law being more Democratic-leaning and not really having a seat in a Republican-led House.

“I think you’ve got too much on the line from too many big donor sources, whether it be the trial lawyers, the insurance companies or the hospital groups,” Zammit said. “There’s a lot of people who are going to make this very difficult to lift.”

Article courtesy MIRS News for SBAM’s Lansing Watchdog newsletter

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