May 12, 2023 | This Week in Government: House Votes to Send Distracted Driving Bills to Governor’s Desk

Legislation prohibiting drivers from being on their phones while driving is ready to head to the governor’s desk.

The House voted to concur with the Senate amendments to HB 4250, HB 4251, and HB 4252. The changes mean the law will be enacted on June 30 rather than at the end of May, as the House originally intended. The Senate voted on the legislation Wednesday.

HB 4250, sponsored by Rep. Matt Koleszar (D-Plymouth), which creates penalties for operating a vehicle while sending or receiving a message on an electronic device, passed 71-36. HB 4251, sponsored by Rep. Tyrone Carter (D-Detroit), provides sentencing guidelines and passed 69-38. HB 4252, sponsored by Rep. Mike Mueller (R-Linden), requires a record or report of violations of the new law to be sent to the secretary of state and passed 70-37.

Each of the bills passed the House concurrence vote with more support than they did originally.

“The House took an immense step toward making our roads and highways safer for all Michiganders, and I am elated that this bill passed with bipartisan support from my colleagues,” Koleszar said in a statement issued following the bill’s passage. “The passed legislation was necessary, as distracted driving accounts for about 25% of all fatal crashes in Michigan. That isn’t just a statistic, but it represents real lives lost. Something needs to be done to protect Michiganders while they are driving on the roads, and this bill does just that.”

Gov. Gretchen Whitmer signaled she will sign the legislation.

“Distracted driving kills. The bills passed today will update our laws to reduce crashes and save lives,” Whitmer said. “I first called for this commonsense legislation in my first State of the State address in 2019. The bills would only allow hands-free calls and texting and increase penalties for drivers who text or post on social media while behind the wheel.”

In 2021, 16,543 crashes in Michigan involved a distracted driver, according to the most recent state data. Those crashes led to thousands of injuries, and 59 resulted in a fatality. In Michigan, fatal distracted driving-related crashes where the driver was using a cell phone increased by 88% between 2016 and 2020. Messaging or using social media while driving has become especially problematic among younger drivers, as they accounted for 18.1% of distracted driving crashes but account for only 6.7% of drivers.

“As we enter another record-breaking construction season, we need everyone to keep their eyes on the road so they can protect themselves, other drivers, and the hardworking men and women fixing our damn roads,” Whitmer said. “Let’s get this done so we can make our streets safer for every Michigander and ensure law enforcement have the tools they need to protect motorists.”

The sharp contrast in priorities between the Senate Democratic majority and the Republican minority was exposed in fights over proposed budget amendments dealing with school safety and economic development incentives on Thursday, the final day of the chamber’s initial passage of its spending plan.

Still, despite the disagreements, leadership on both sides expressed a desire to work together on crafting a bipartisan final budget.

Members passed the Senate’s remaining two budget bills Thursday, ending a three-day process during which Senate Republicans offered a combined total of 176-floor amendments. Each one was defeated.

On Thursday, the sharpest example of a partisan divide was seen in a debate over a school safety amendment introduced by Sen. Lana Theis (R-Brighton) to SB 173, the K-12 budget.

Her amendment sought to add language to allow schools to purchase defibrillators and trauma kits under the more than $300 million in the school aid budget for school safety improvement grants.

Democrats lashed out at Theis and Republicans for offering the amendment, with Sen. Sarah Anthony (D-Lansing), chair of the Senate Appropriations Committee, calling the amendment insulting while adding school safety should not be politicized.

Anthony pointed to reports of a threat against Saline High School students this week. Grand Rapids Public Schools banned students from bringing backpacks to school following reports of multiple recent incidents in which a student was found with a gun in their possession.

Sen. Jim Runestad (R-White Lake) responded by questioning why there had not been charges filed against the parents in the cases of students bringing guns to school.

“We constantly hear this … that the school’s bringing charges to the prosecutor,” Runestad said. “Sounds like there was not charges, that they’re pondering charges … against his parents. How is it middle school kids bringing guns to school, endangering the entire school system, and they are not screaming to bring charges. They’re saying, let’s stop the backpacks from coming in.”

Runestad said more needs to be done with school safety, and the amendment would help.

Sen. Mallory McMorrow (D-Royal Oak) countered by pointing to Republicans’ votes earlier this year against the safe storage of firearms legislation pushed by Democrats.

“You voted against the very laws that would give the prosecutor something to charge the parents with,” McMorrow said. “Providing trauma kits, as this amendment would do, acknowledges that you accept a reality where kids have to prepare to be shot.”

Sen. Ed McBroom (R-Vulcan) stated he struggled to see why the option for purchasing the equipment was controversial. He pushed back on what might occur when firearms legislation eventually takes effect.

“I’m glad to hear that all the laws … are going to make sure all trauma ceases next year, and there’s not going to be any cause for trauma anymore,” McBroom said.

Republicans renewed their attacks on the Strategic Outreach and Attraction Reserve fund and the proposed Gotion, Incorporated, electric vehicle battery production facility in Mecosta County during debate over SB 194, the Department of Labor and Economic Opportunity budget.

Opponents of the Gotion project have pointed to its being a subsidiary of an EV battery company based in China that has locations in the United States. There have been repeated allegations that the company has ties to the Chinese Communist Party and that providing incentives to Gotion, in effect, would be providing money to the communist nation’s leaders.

Sen. Roger Hauck (R-Mount Pleasant) offered an amendment that have would have banned the expenditure of state monies to business entities that are supportive of the Chinese Communist Party as outlined in a business entity’s articles of incorporation.

The proposed facility, if built, would be located in his district.

“What should not be up for debate is whether or not you should provide state tax dollars to corporations who, before all else, pledge allegiance to our geopolitical enemies,” Hauck said. “The CCP are not our friends. We certainly should not be giving Michigan tax dollars to companies who are loyal to them.”

Runestad offered an amendment that would have barred funding to be transferred to the Critical Industry Program or the Michigan Strategic Site Readiness Program by the Michigan Strategic Fund Board prior to the completion of a foreign entity report on an applicant. All completed reports would have to be provided to the board as well as to the House and Senate.

“Surely there are more pressing investments we can be making than the $500 million dollar SOAR program, which most recently sent tens of millions to a company with ties to the Chinese Communist Party,” Runestad said. “We should be funding school safety, water infrastructure, fixing the damn roads. Or how about inflation relief for weary Michiganders?”

Runestad offered another amendment to SB 194 that would have allowed $500 million in the SOAR fund to lapse into the General Fund.

Sen. Jon Bumstead (R-North Muskegon), the minority vice-chair of the Senate Appropriations Committee, introduced an amendment to transfer $500 million from the SOAR fund to the Michigan State Parks Endowment Fund.

Both SB 173 and SB 194 passed 20-18 along party lines. Members also cast 20-18 votes for two shell supplemental funding bills for the 2023-24 fiscal year: SB 174 and SB 291. The first supplemental bill would cover school aid funding, and the other would cover various state departments and agencies.

Anthony praised the budget bills in a floor speech, saying for 40 years, “too many stakeholders” have been left out of the budgeting process, something she believes has changed with the bills that were before the chamber this week.

“This week, we voted out recommendations for what I like to call the people’s budget because I see the people in Michigan in every facet of this budget,” Anthony said.

She said whether it is education, infrastructure, the environment, or funding for local governments, the budget addresses what she called years of disinvestment.

Anthony said there is a willingness on her side of the aisle to work collaboratively with the Republican members as the process moves to the next phase.

“Now that we’ve sat through nearly 200 amendments … I want you to take that same energy, that same desire, to co-create a budget that we can be proud of together,” Anthony said.

Senate Minority Leader Aric Nesbitt (R-Porter Township) told reporters the purpose of the amendments was to show the contrast between the two parties on budget priorities and where there are areas that need work during negotiations.

When asked if Republicans are ready to deny immediate effect if Democrats are not willing to negotiate some changes in the budget, Nesbitt said his hope is that a compromise can be reached which includes more infrastructure funding, paying down long-term debt, and providing further tax cuts to residents.

“I want to get a sustainable long-term budget,” Nesbitt said. “My hope is, I extend my arm out to try to work with our friends on the other side is that they actually extend their arm back, and my hope is that negotiations can get going.”

He added the Senate Republicans have provided numerous proposals to craft a sustainable budget, address key priorities and provide transparency to the public on how taxpayer monies are being spent.

“I don’t think there’s necessarily any red lines in the sand at this time, but there is one where we got to sit down and have those true negotiations,” Nesbitt said. “They put out their budgets. I think we’ve shown a contrast and what we’re looking at and where our priorities are.”

Sen. Darrin Camilleri (D-Brownstown Township) told reporters the school aid budget was a strong product, containing items including about $343 million for school safety grants, funding for increasing teacher pay, a student loan incentive program, formula changes to the funding levels for at-risk students and a program for providing pre-K to young children.

Regarding GOP arguments on underfunding school safety, he said Democrats allowed schools the flexibility to hire school resource officers and several other options to address the issue.

Camilleri said a proposed Republican amendment to provide more funding for rural transportation was one area where he was willing to have further conversations, adding the House included some funding in its recommendations for that purpose.

As to Republican arguments on having a chance to weigh in on the budget, Camilleri said he was never consulted by the GOP on budget matters during his six years in the minority party. By comparison, he said he and other appropriations subcommittee chairs sought input from across the aisle.

“I think that they’re learning how to be in the minority, and they’re really struggling with it,” Camilleri said. “When we were in this position, we did not offer 200 amendments on budgets; we actually tried behind the scenes … to use the process the way that it’s intended. They have not quite figured that out, which is something that I think they’ll get used to.”

When asked about the possibility of Republicans denying immediate effect on the final budget, Camilleri said he believes the minority party will come to the table after having gone through the process of showing their supporters that they are fighting for issues they care strongly about.

“There is no way that they’re going to shut down government over an immediate effect vote. If they do, we’ll be having a very different conversation,” Camilleri said.

 

Legislation prohibiting drivers from being on their phones while driving is ready to head to the governor’s desk.

The House voted to concur with the Senate amendments to HB 4250, HB 4251, and HB 4252. The changes mean the law will be enacted on June 30 rather than at the end of May, as the House originally intended. The Senate voted on the legislation Wednesday.

HB 4250, sponsored by Rep. Matt Koleszar (D-Plymouth), which creates penalties for operating a vehicle while sending or receiving a message on an electronic device, passed 71-36. HB 4251, sponsored by Rep. Tyrone Carter (D-Detroit), provides sentencing guidelines and passed 69-38. HB 4252, sponsored by Rep. Mike Mueller (R-Linden), requires a record or report of violations of the new law to be sent to the secretary of state and passed 70-37.

Each of the bills passed the House concurrence vote with more support than they did originally.

“The House took an immense step toward making our roads and highways safer for all Michiganders, and I am elated that this bill passed with bipartisan support from my colleagues,” Koleszar said in a statement issued following the bill’s passage. “The passed legislation was necessary, as distracted driving accounts for about 25% of all fatal crashes in Michigan. That isn’t just a statistic, but it represents real lives lost. Something needs to be done to protect Michiganders while they are driving on the roads, and this bill does just that.”

Gov. Gretchen Whitmer signaled she will sign the legislation.

“Distracted driving kills. The bills passed today will update our laws to reduce crashes and save lives,” Whitmer said. “I first called for this commonsense legislation in my first State of the State address in 2019. The bills would only allow hands-free calls and texting and increase penalties for drivers who text or post on social media while behind the wheel.”

In 2021, 16,543 crashes in Michigan involved a distracted driver, according to the most recent state data. Those crashes led to thousands of injuries, and 59 resulted in a fatality. In Michigan, fatal distracted driving-related crashes where the driver was using a cell phone increased by 88% between 2016 and 2020. Messaging or using social media while driving has become especially problematic among younger drivers, as they accounted for 18.1% of distracted driving crashes but account for only 6.7% of drivers.

“As we enter another record-breaking construction season, we need everyone to keep their eyes on the road so they can protect themselves, other drivers, and the hardworking men and women fixing our damn roads,” Whitmer said. “Let’s get this done so we can make our streets safer for every Michigander and ensure law enforcement have the tools they need to protect motorists.”

Legislation prohibiting drivers from being on their phones while driving is ready to head to the governor’s desk.

The House voted to concur with the Senate amendments to HB 4250, HB 4251, and HB 4252. The changes mean the law will be enacted on June 30 rather than at the end of May, as the House originally intended. The Senate voted on the legislation Wednesday.

HB 4250, sponsored by Rep. Matt Koleszar (D-Plymouth), which creates penalties for operating a vehicle while sending or receiving a message on an electronic device, passed 71-36. HB 4251, sponsored by Rep. Tyrone Carter (D-Detroit), provides sentencing guidelines and passed 69-38. HB 4252, sponsored by Rep. Mike Mueller (R-Linden), requires a record or report of violations of the new law to be sent to the secretary of state and passed 70-37.

Each of the bills passed the House concurrence vote with more support than they did originally.

“The House took an immense step toward making our roads and highways safer for all Michiganders, and I am elated that this bill passed with bipartisan support from my colleagues,” Koleszar said in a statement issued following the bill’s passage. “The passed legislation was necessary, as distracted driving accounts for about 25% of all fatal crashes in Michigan. That isn’t just a statistic, but it represents real lives lost. Something needs to be done to protect Michiganders while they are driving on the roads, and this bill does just that.”

Gov. Gretchen Whitmer signaled she will sign the legislation.

“Distracted driving kills. The bills passed today will update our laws to reduce crashes and save lives,” Whitmer said. “I first called for this commonsense legislation in my first State of the State address in 2019. The bills would only allow hands-free calls and texting and increase penalties for drivers who text or post on social media while behind the wheel.”

In 2021, 16,543 crashes in Michigan involved a distracted driver, according to the most recent state data. Those crashes led to thousands of injuries, and 59 resulted in a fatality. In Michigan, fatal distracted driving-related crashes where the driver was using a cell phone increased by 88% between 2016 and 2020. Messaging or using social media while driving has become especially problematic among younger drivers, as they accounted for 18.1% of distracted driving crashes but account for only 6.7% of drivers.

“As we enter another record-breaking construction season, we need everyone to keep their eyes on the road so they can protect themselves, other drivers, and the hardworking men and women fixing our damn roads,” Whitmer said. “Let’s get this done so we can make our streets safer for every Michigander and ensure law enforcement have the tools they need to protect motorists.”

Several members of associations representing the aggregates industry and environmental advocates offered dichotomous testimony before a House panel taking up three bills that would give oversight of aggregate mining permitting to the state.

Before the House Regulatory Reform Committee on Tuesday was HB 4526, HB 4527, and HB 4528, sponsored by Rep. Pat Outman (R-Six Lakes), Rep. Tyrone Carter (D-Detroit), and Rep. Angela Witwer (D-Delta Township), respectively.

It was the first showing of the bills before the committee after being reintroduced last week, reviving the fight between some lawmakers and labor groups with local government organizations that took place last session over bills that did not make it to the governor’s desk (See Gongwer Michigan Report, June 21, 2022).

While the aggregates industry, some unions, and business groups have come out en masse to support the package, environmental groups, local activists, and some associations representing local governments were diametrically opposed to what the bills might do to local control over the permitting of mines in their area (See Gongwer Michigan Report, May 4, 2023; and Gongwer Michigan Report, May 3, 2023).

That said, the city of Inkster, which said it supported the bills, on Tuesday issued a retraction letter, noting that it would remove local authority, potentially negatively affecting businesses and residents, and bars municipalities from requesting changes.

Those same battle lines were drawn Tuesday before Regulatory Reform, with the industry claiming the local control aspect and intense political advocacy against it hindering growth in aggregate supply and the overall economy.

To that, activists and associations opposed to the legislation voiced continued concerns about not controlling their own community destinies free from noise, pollution, and potential hazards. Those speaking against the bills also cautioned the sponsors, who they said were acting in good faith, not to pass legislation they claimed was written by and for the aggregates industry.

At the top of the meeting, Carter, the chair of the committee, extolled the sponsors’ reasoning for putting the bills forward once again despite the controversy around the legislation that unfolded last year while also thanking those on both sides of the issue for their willingness to engage in the process yet again.

Carter described the bills as “needed to lower the cost of road construction projects and save taxpayer dollars.”

“This package is very much aligned with the commitment of the governor to fix our state’s crumbling roads and infrastructure,” he said. “I believe aggregate permitting reform is a huge part of our overall commitment to improving infrastructure. As you will hear today, the need for aggregate reform in Michigan is fundamental and critical. Crumbling roads (are) driving record demand for limited permitted aggregate sites. The rising costs of road construction will require immediate action to ensure we are making taxpayer dollars stretch as far as possible.”

The multitude of attempts to move this legislation through the years was a point of frustration for opponents.

“This is the third session, legislative session that I have been involved and speaking on these bills. We are here with a new set of legislators, a new year, same crap – point blank,” said Jen Rigterink of the Michigan Municipal League. “We have been at the table a number of times trying to have discussions, actual meaningful discussions to solve problems. We’re not saying that there’s not an issue or some problems here that we can look at talking about and coming up with reasonable solutions to get at what the problems are. What you have in front of you, though, is a complete profit over people. And it’s putting the industry front and center, written by the industry for the industry here for you.”

Doug Needham, executive director of the Michigan Aggregates Association, agreed with Carter in saying enacting state-controlled permitting handled entirely by the Department of Environment, Great Lakes and Energy would help solve a crisis in the aggregates industry. He also placed much of the blame at the feet of local governments either being slow to act or unwilling to permit new mine activity.

“We’re in need of these bills because Michigan’s crumbling infrastructure and strong economy is driving up demand for a limited amount of permitted aggregate,” Needham said. “The statewide supply shortage is due to local units of government effectively blocking the opening of new mines, and they’re doing this by using the very serious consequences language spelled out in PA 113 of 2011.”

Needham asserted that the language was created as an honest attempt to give communities a standard to deny a permit if the mine in question would cause large consequences to the public well-being or health. But he said some communities like townships were denying permits based on concerns like more trucks on the road and intense local opposition, which he said now considers any effect on the community a “very serious consequence.”

“This was not what was originally intended. As a result, they urge companies to go somewhere else to mine. It’s very common for us to hear some version of, ‘We understand we need the material. Just don’t mine it here, go somewhere else,’” he said. “Unfortunately, we must find the material where it’s located, and this normally doesn’t fit neatly into zoning processes. Sure, they can zone where 7-Eleven would be located or the size of a business sign, but we must mine where Mother Nature deposited the aggregate.”

Among several questions, Rep. Mike Mueller (R-Linden) asked Needham, as it was a hot button issue, if his association would still consider supporting the packages if the Legislature made changes, specifically a permitting exemption for a Metamora Township gravel mine. The operation, if approved, would be built next to an Environmental Protection Agency Superfund site with polluted groundwater, leaving some community members concerned about the growth of plumes that sit underneath the site.

The Metamora Township site has been the flashpoint of this issue for years. Opposition there prompted the area’s legislators, who are Republicans, to oppose statewide permitting, which in turn caused heartburn for the Republican-led Legislature about acting. Now, with Democrats in charge of the Legislature, that dynamic is gone.

Needham said his association opposed an exemption for a Metamora-based mine. Mueller pressed him a bit, asking if he believed the industry had gone as far as it was willing to compromise, to which Needham said the industry has made significant compromises while the bills were drafted.

Rep. Matthew Bierlein (R-Vassar) asked how many permits were denied over the last five years by a local government, to which Needham said it was hard to quantify because the reasons have all been different, and some companies have just given up instead of completing the process or fighting the determinations of local governments.

Also speaking in favor of the bills on Tuesday was Lance Binoniemi, vice president of government affairs with the Michigan Infrastructure and Transportation Association, Kelly Kuiper of Great Lakes Excavating, Matt Double, vice president of USA Earthworks and the would-be Northstar Aggregates, which is locked in the court battle to work an existing mine.

Those opposed and speaking at Tuesday’s committee meeting, in addition to Rigterink, were Judy Allen with the Michigan Townships Association, Andrea Brown from the Michigan Association of Planning, and Megan Tinsley of the Michigan Environmental Council.

Each of them said in varying ways that the bills would be a detriment to communities attempting to regulate pollutants and noise, with effects on quality-of-life amenities and resources, and could upend placemaking efforts in communities that have a history of heavy industry or sprawl and were moving toward green and more habitable spaces.

Rigterink said the committee needs to look at the numbers presented by the aggregates industry claiming that there could be cost savings on road projects if mines are built closer to construction sites or Class A hauling roads, as she questioned whether it would equate real savings to taxpayers.

Several residents from the Metamora area also spoke in opposition, with some pleading with the committee to not move the bills forward if considerations for local control would be ignored.

EGLE Deputy Director Travis Boeskool was neutral on the package. He said EGLE has been reviewing the legislation for some time while also working with stakeholders. The department’s focus, he said, has been to ensure that any potential state permitting program for aggregate mining operations is one that’s structured in a way that can be administered effectively while also being protective of public health, safety, and the environment.

Boeskool added that just this week, the department transmitted a number of comments and suggested changes to the sponsors’ offices, trying to adjust aspects that affect those issues.

“Those suggestions run a pretty large gamut from small and really technical things, like how the contested case process might work to those with a larger impact, and including trying to shave some edges off areas that might be ripe for conflict with local residents,” he said.

That includes issues surrounding the permit applications prescribed in the bills around existing mines, groundwater monitoring, and habitat conservation so restoration efforts can take place following the use of the mine, which would be required afterward.

While it was unclear where the committee stood on the matter, Carter said the work was far from done and that it was clear more work was needed, whether that was by way of changes to the legislation through substitutions or amendments or just a need for more public input.

With Medicaid redeterminations starting again this summer as the coronavirus federal emergency ended Thursday, Gov. Gretchen Whitmer has asked state departments to work together to lower health care costs by helping Michiganders keep Medicaid coverage or find affordable health insurance.

“One of my administration’s top priorities has been ensuring that every Michigander has access to quality, affordable health insurance,” Whitmer said in a statement. “As the redetermination process plays out, we will build on efforts by MDHHS and DIFS to help families stay covered and save money. Their proactive efforts have given us a strong foundation, and now every state department has a role to play. Let’s use every resource available to us to make people aware of the reinstated federal Medicaid eligibility requirements and help affected Michiganders maintain access to affordable health care.”

The directive builds on work the Department of Insurance and Financial Services and the Department of Health and Human Services have already started to ensure all residents have the information they need to avoid losing coverage.

The state has increased staff to take calls and help residents navigate the transition while also partnering with local organizations and federal agencies to get information out to those who need it.

Advocates are concerned that many could lose Medicaid benefits because of administrative errors and not because they no longer qualify.

“MDHHS will continue our ongoing proactive efforts to ensure Michigan residents who are eligible for Medicaid coverage remain enrolled. We appreciate the assistance from our partners at other state government departments,” said DHHS Director Elizabeth Hertel. “Providing families with affordable health care coverage is a top priority.”

Effective immediately, Whitmer instructs all state departments to cooperate with and assist DHHS and DIFS as required, including working together to distribute information to residents regarding the redetermination process and how to renew eligibility and sharing necessary data to conduct outreach, subject to all applicable protections.

“DIFS is committed to working with MDHHS and our other state partners to help Michiganders who no longer qualify for Medicaid get the affordable, comprehensive health insurance they need,” said DIFS Director Anita Fox. “DIFS stands ready to answer questions about purchasing a Marketplace health insurance plan or finding other options, such as employer-sponsored health insurance.