Rick Pluta

This week's It's Just Politics is all about the politics of gas taxes; there’s a turbo-charged effort this week at the state Capitol to pull together a transportation funding package that will most likely include some kind of increase in the gas tax. Governor Snyder continues to say that he wants at least $1.2 billion dollars more in annual transportation funding. And, even though everyone seems to agree that Michigan’s roads are in dire condition… not everyone can agree on how to pay for the repairs.

It is a complicated state of affairs. Everybody hates the disease. But no one likes the cure: more money for infrastructure. That’s a good reason why the gas tax hasn’t been increased in Michigan since 1996, under then-Governor John Engler.

It’s not as simple as just raising the state gas tax (which is currently 19 cents per gallon). As we know, raising taxes is not typically part of the recipe for reelection, and every House member and state Senator who is not term-limited is up for reelection in November 2014, along with Governor Snyder.

Dealing with this road funding conundrum is complicated by the fact that we pay a lot of different taxes at the pump. There’s the state gas tax and the federal gas tax. We also pay the state sales tax, which goes to schools and local governments. It doesn’t pay for roads. That’s why a lot of people want to either exempt fuel sales from the sales tax or turn a portion of it over to road funding. But that’s a problem because then you’re taking a billion dollars from schools and local governments, both of which are not feeling a lot of love from Lansing lately. So, cut the sales tax from the cost of buying fuel and you’ve suddenly got yourself a new (billion-dollar) problem.

State officials say they don’t expect they’ll have to lay off employees due to the loss of $150 million dollars in federal funds this year and next. That’s how much the state is expected to lose because of the budget standoff in Washington.

The state budget office says it has a plan that averts public employee layoffs.

But Governor Rick Snyder says the state has no plans to replace the money lost because of sequestration – which amounts to about four-tenths of one percent of total state spending.   

The state kicked more than 500 people off food assistance and other welfare programs over the past 12 months because they won the Lottery.

But, a member of Governor Rick Snyder’s cabinet wants thousands more people be kicked off public assistance because of their Lottery winnings.

A new report says 14% of Lottery winners in Michigan live in a household where someone is on public assistance. There’s a law that requires the state to check the name of everyone who wins more than a thousand dollars against the rolls for many programs.

A newly awarded presidential permit will allow Michigan to wrap up an agreement with Canada to build a new international bridge. The bridge will connect Detroit and Windsor-Ontario. Michigan, U.S. and Canadian officials cheered the news today. 

We really hadn’t heard much about referendum-proofing since back in December and the Legislature’s now-infamous “lame duck” session. But the wait is over. We now have a new controversy and a new referendum-proofed bill before the state Senate which could be voted on as early as next week.

We’ve talked about referendum-proofing before on It’s Just Politics, it’s when the Legislature wants to make sure a controversial bit of business can’t be reversed by voters using the referendum, lawmakers put a little spending in it. That makes the legislation an appropriation, and to protect the full faith and credit of the state, the Michigan Constitution says that’s the only kind of law that can’t be challenged by a referendum.

Referendum-proofing has been going on for a long time but, it’s really picked up steam in the last three years. The Republican-majority ruled state Legislature now regularly makes its controversial work immune to referendums – the repeal of the item pricing law, the income tax on pensions, and the controversial right to work law, just to name a few.

Strangely, the Legislature did not referendum-proof the first emergency manager law it passed in the last session, and after voters rejected it last November, turned around and passed a new emergency manager law with a referendum-proofing appropriation in it.

The referendum effort to stop a wolf hunt in Michigan has been called "a radical agenda" by those opposed to it.

Now, new legislation introduced by State Senator Tom Casperson (R-Escanaba) seeks to deflate that referendum drive.

The Michigan Legislature listed the wolf as a potential game species late last year. The group "Keep Michigan Wolves Protected" says they collected enough signatures to put the question in front of voters.

We’re more than a year away from the next statewide election – November 2014 – but, we’re already seeing plenty of hand-wringing among Republicans and Democrats over who will run for statewide offices.

Success for Democrats will depend a lot on voters in an off-presidential year. They need to hit or come close to hitting the 62 percent turnout – about 7.5 million voters across the state - that was part of the Democrats’ winning formula last year.

Republicans meanwhile, want to – need to – alter their message to capture a bigger share of whoever turns out without adulterating their values on gay marriage, affirmative action.

So that’s the backdrop as both parties try to sort out who will run. There’s no shortage of Republicans interested in that Senate seat that’s open because Carl Levin is retiring. There’s a sense that Congressman Mike Rogers could clear the field if he decides to run. We're not totally convinced that’s the case. An open Senate seat in Michigan is pretty rare. There’s some early, somewhat conflicting polling on this.

Republicans in Michigan, at least some of them, are trying to reposition their  party vis a vis gay rights, and especially gay marriage. It’s one of the issues that has been killing Republicans among younger voters.

This week, Michigan Republican National Committeeman David Agema put that dilemma front and center with a post on his Facebook page. It was an old and pretty much discredited piece that outlines “facts” about homosexuality; like gay people are responsible for half the murders in large cities.

As a national committeeman from Michigan, Agema helps set the direction at the Republican National Committee. He was elected last year by a Republican state convention; swept in by a Tea Party insurgency. This Facebook post took the simmering conundrum facing Republicans and turned up the heat. The rest of the public is watching as Republicans try to resolve this question: Is it possible to simultaneously be against gay marriage and against discrimination that targets gay people?

Some Michigan Republicans are calling on Agema to resign. But Agema and his position certainly still have plenty of supporters in the Republican Party.

Michigan Attorney General Bill Schuette has called for a grand jury investigation into an outbreak of meningitis and other illnesses caused by tainted steroids.

The contaminated medicine has been linked to 259 cases of illness and 14 deaths in the state.

The attorney general filed his request with the Michigan Court of Appeals. If the court says yes, a judge and up to 17 grand jurors would conduct the inquiry into whether any crimes were committed. The proceedings would be secret.

It’s an unusual step, but Schuette says the grand jury would have sweeping authority to do its job.

“Now, this grand jury can be empowered to fully investigate this human tragedy, these 14 deaths and painful illnesses, with the greatest power extended under Michigan law. "

The grand jury would meet in secret. It would have the power to compel people to appear and testify. And it could ask a Massachusetts court to order employees of the pharmacy that made the drug to cooperate.

The judge to lead the investigation and the grand jurors would be drawn from Macomb, Genesee, Livingston, and Grand Traverse counties.

Those counties are where the clinics that administered the contaminated steroid injections are located.

Two utilities have been given permission to build new coal-fired power plants in northern and western Michigan. The state Court of Appeals has tossed out legal challenges to their permits. But, that doesn't mean the plants will be built.

Environmental groups went to court to challenge the permits. The state Department of Environmental Quality says the utilities demonstrated there was a demand for electricity. And the agency says the proposed coal plants in Holland and Rogers City met state and federal pollution standards.

This week: punishment, planning and politics. Republicans in the state Legislature are saber rattling, threatening school districts, public universities, and local governments with funding cuts if they agree to extended contracts with their employee unions that are meant to delay the effects of Michigan’s right-to-work law. Let’s call them “right-to-work around” contracts.

Michigan officially becomes a right-to-work state next week. That’s when the new controversial law goes into effect. Unions will no longer be allowed to require compulsory dues or fees – unless there is already a contract in place by next Thursday that allows that to continue. The contracts clause of the U.S. Constitution says state laws cannot “impair” existing contracts. So, any contracts in effect next Thursday will remain in effect as negotiated for the duration of the contract.

But Republicans are putting language into recent budget bills that would sanction public employers with funding cuts unless they achieve big savings. Meanwhile, there are policy implications to these negotiations. School districts, for example, are using them to retire budget deficits and delay pay increases. These funding threats from Lansing are also taking some potential school reforms off the table. Things like year-round schools, which would probably add costs for things like summer air conditioning to a school district’s budget.

Action-Reaction. Some of these are un-intended consequences of plans made well in advance of last December when Republicans and Governor Rick Snyder sprung right to work. And, this all wasn’t just launched out-of-the-blue. The right-to-work “conspiracy” was hatched long before last December. Republican leaders, former Michigan Republican Chairman Ron Weiser, Dick and Betsy DeVos, had a multi-faceted plan in place. First, it was find or create an opportunity to get right-to-work onto the agenda (thank you, unions and Proposal Two).

Michigan will be part of the federal government’s health insurance exchange, instead of being a partner in a joint effort.

That’s because the state Senate began its spring break yesterday without meeting a deadline to vote on accepting federal funds for the project.

Republicans in the state Senate defied the wishes of Governor Snyder and a lot of business groups by refusing federal funding for a joint federal-state health insurance exchange.

That’s where customers will go to comparison shop for coverage. Instead, Michigan customers will shop on the federal government’s exchange.

The state Senate Health Policy Committee has approved a measure that allows health care providers and insurance companies to deny patients medical treatments if they have a moral objection.

Committee approval puts the bill in line for a vote by the full Senate.

Republican state Senator John Moolenaar says there is an exception in the bill if a patient faces a medical emergency.

“If there was an emergency, health care services would be provided regardless of violations of conscience. In the case of a specific person, no person would be denied services based on personal characteristics.”

Moolenar says that ensures health care providers cannot discriminate against particular patients.

State Senator Rebekuh Warren is a Democrat who sits on the Senate Health Policy Committee.

She says patients facing a health crisis could still be denied services in some cases. She says that’s why she voted against the bill.

“This would allow health insurance payers, whole healthcare systems, hospital systems, doctors’ offices, medical schools, educational institutions to cloak themselves in a conscientious objection and refuse to give treatment, even emergency treatment, to people who need care.”

A health care professional who refuses to offer a service would have to refer patients to to a provider who does offer the treatment. The full state Senate could vote on the measure when it returns from a two-week spring break. 

Michigan already allows health professionals to refuse to provide abortions.

A state House subcommittee has stripped a provision from a budget bill to expand Michigan’s Medicaid program.

The money to add more than 400 thousand people to Medicaid would come from the federal government under the new national healthcare law.

Some Republicans say they don’t trust Washington to keep that promise or that they want to see some changes to Medicaid before they’ll support it.

Roger Martin is the spokesman for a coalition of businesses and healthcare providers that supports the expansion. He says concerns that the federal government will eventually cut off the money is unfounded.

“I can’t name one instance where the federal government has made a promise in law, that was affirmed by the U.S. Supreme Court, the Congress and the president had, and then pulled the plug on. I can’t name one. So basically I think it’s a Trojan horse argument.”

Governor Rick Snyder says he expects the Legislature will ultimately accept federal money to expand Michigan’s Medicaid program

“This is just a part of the legislative process. There are usually some challenges. But, again, the track record’s good about overcoming barriers. Do you get everything you want? Not necessarily, but you work hard and achieve the goals that really count – relentless positive action.”

Governor Rick Snyder called for the Medicaid expansion in his new budget proposal. He considers the subcommittee action a temporary setback.

Last year, Michigan enacted a law that requires insurance companies to cover childhood autism treatments.

Today, the Michigan Department of Community Health will roll out its autism coverage plan.

There are about 50,000 people in Michigan with autism.  It’s a disorder that effects communication and social skills.