News Story

MichiganVotes: Bill Would Nix Annual Political Contribution Recertification

Should employee PAC contributions be the default or require active participation?

Senate Bill 283 would eliminate Michigan's annual recertification requirement for deducting political contributions on an automatic basis.

Under current law, the default is for automatic contributions to end each year unless the individual involved certifies that he or she wants to keep contributing. Senate Bill 283 would switch that dynamic so the contributions would automatically continue unless the individual requested they be stopped.

Michigan's current annual recertification law (also called affirmative consent) was passed and enacted under former Gov. John Engler. It is most commonly associated with payroll deductions for Political Action Committees (PACs). When the measure was passed it was considered a major issue and widely seen as a blow against unions.

But it is apparent that attitudes in Lansing have changed. Senate Bill 283 was passed by the Republican-controlled state Senate on May 22 with a 36-1 vote. Such a lopsided vote, and the fact that it received little media attention, suggests that there has been virtually no active opposition to the legislation in Lansing.

The legislation is supported by some prominent businesses and business groups, some of which supported the current law when it was passed under former Gov. Engler.

Representatives of AT&T, the Michigan Chamber of Commerce, the Detroit Regional Chamber of Commerce, Consumers Energy, DTE, Dow Chemical, and the Michigan Bankers Association, handed in cards in support of Senate Bill 283 when it was in committee.

On the record, the reason given for favoring the bill is that the annual rectification process is burdensome "red tape" for the businesses responsible for keeping track of the recertification process and making adjustments to their payrolls. Also, the current law is cited as a governmental mandate. Off the record, there is an additional reason. This is the assertion that the annual recertification process has hindered political fundraising efforts equally on both sides of the political aisle.

Senate Bill 283 is sponsored by Senate Majority Floor Leader Arlan Meekhof, R-West Olive, and co-sponsored by Sen. Rebekah Warren, D- Ann Arbor.

“Workers should not be forced into paying for political causes with which they do not agree,” said F. Vincent Vernuccio, director of labor policy at the Mackinac Center. "The burden should always be on those wanting to use the money of others for politics to, as much as possible, assure that what they collect is from people who agree with them politically.

"Recertification is the best protection workers have to make sure they're not funding something that goes against their beliefs," Vernuccio added.

One of those supporting Senate Bill 283 is Steve Linder, president of the Sterling Corp., a Republican firm in Lansing that specializes in public policy, issue management, partisan campaigns and fundraising.

Linder said he and Bob LaBrant, who also is with Sterling, have been spearheading the effort to have the recertification law repealed, even though they strongly supported the measure when it became law under former Gov. Engler.

"While our intentions were good, the known consequence [of the law] has been a burden on Michigan corporations to solicit their employees annually," Linder said. "It has had a much greater and dramatic negative impact on them and on participation in democracy than could have been predicted.

"I now believe that the Annual Affirmative Consent law actually is a government mandate creating bureaucracy, red tape, and burdensome reporting requirements," Linder continued. "It creates a major barrier for employees to easily participate in democracy through their company's political action committee. The law has had the unfortunate effect of reducing participation of corporate employees in a demonstrable way while being a continuing cost and administrative burden."

Linder stressed that, even if Senate Bill 283 were enacted, those who decide not to contribute to a PAC will remain free to opt out.

"Our laws need to encourage participation in democracy, not stifle it," Linder said. "Senator Meekhof, at our request, has agreed to rid Michigan of this onerous mandate, and the red tape that comes with it. This would free up Michigan companies to recruit their employees to participate in political activities. Employees are free to make this decision, act, and at any time opt back out. Many employers showed up at the hearing on the bill to express their support of the legislation Bob and I are advocating."

After Senate Bill 283 was passed by the Senate, it was sent to the House and assigned to the House Elections and Ethics Committee. The bill was reported out of committee on June 18. Action on the bill by the full House is pending, but not expected until September.

Sen. Meekhof's office declined a request for comment. The office of Gov. Rick Snyder did not respond to a request for comment on the bill.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

Commentary

August 16, 2013, MichiganVotes.org Weekly Vote Report

The House and Senate are in the midst of a summer break, so rather than votes this report contains several recently introduced bills of interest.

Note: The will be no Roll Call Report next week. The next report will go out as usual on Friday, Aug. 30.


Senate Bill 450: Give certain public employees property tax break
Introduced by Sen. Jim Ananich (D), to grant a state income tax credit to teachers and public safety personnel who buy and move into a home in a run-down area that has been repossessed by the federal Housing and Urban Development agency and sold at a steep discount. Under a federal “Good Neighbor Next Door Program,” such purchase discounts are available only to these government employees. The bill would allow these buyers to cut their state income tax liability by the amount they owe each year in property tax. If the property tax amount is higher than their income tax liability the difference could not be “refunded,” however. Referred to committee, no further action at this time.


Senate Bill 457: Authorize “second parent adoption”
Introduced by Sen. Rebekah Warren (D), to provide for “second parent adoption” in Michigan law. This is a legal procedure that allows a same-sex parent to adopt his or her partner's biological or adoptive child without terminating the first parent's legal status as a parent. Referred to committee, no further action at this time.


Senate Bill 458: Give tax break to new oil refinery
Introduced by Sen. Rick Jones (R), to grant a 10 year property tax exemption to the owners of a new oil refinery that is built in Michigan. Referred to committee, no further action at this time.


Senate Bill 461: Impose term limits on charter school boards
Introduced by Sen. Hoon-Yung Hopgood (D), to impose five-year “term limits” on charter school board members (but not on members of conventional school boards), after which they would be prohibited from being on the board again for 10 years. The bill also would require at least two parents be on the charter board, impose board meeting attendance requirements, require there be at least seven members on the board, and more. Referred to committee, no further action at this time.


House Bill 4706: Mandate Michigan employers provide paid sick leave
Introduced by Rep. Rudy Hobbs (D), to mandate that employers grant employees one hour of paid sick leave for every 30 hours worked, up to 40 hours annually for small businesses, and 72 hours annually for larger employers. Referred to committee, no further action at this time.


House Bill 4719: Ban unreasonable unattendedness of children
Introduced by Rep. Sean McCann (D), to revise a 2008 law that made it a crime to leave a child unattended in a vehicle for a period of time that a reasonable person would determine poses a risk of harm or injury. The bill would apply the same reasonableness standard and penalties to leaving a child in any location. Referred to committee, no further action at this time.


House Bill 4723: Expand ticket points-avoiding driver course eligibility
Introduced by Rep. Kevin Daley (R), to revise a 2008 law that lets an individual cited for a minor moving traffic violation (with some exceptions) to avoid getting drivers license “points” by taking a driver improvement course. Under current law a person can only do this one time, and the bill would change this to once every three years. These courses are offered by a number of private, for-profit companies, who would benefit from the expansion of their market. Referred to committee, no further action at this time.


House Bill 4736: Authorize sexually transmitted disease "expedited partner therapy"
Introduced by Rep. George T. Darany (D), to authorize the use of "expedited partner therapy" to limit the spread of sexually transmitted diseases, which allows a health professional to give a person diagnosed with gonorrhea or chlamydia a single-dose antibiotic for his or her sexual partner, even though that person has not been seen by the health professional. The bill would also extend limited legal immunity to health professionals providing this, except for gross negligence. Reported from committee, pending before full House.


House Bill 4747: Designate tree frog as official state amphibian
Introduced by Rep. Patrick Somerville (R), to establish in law that henceforth the eastern gray tree frog (Hyla versicolor) shall be designated as the official State of Michigan amphibian. Note: At present, Michigan does not have an official state amphibian. Past bills have proposed designating the northern spring peeper (Pseudacris crucifer) and the marbled salamander (Ambystome opacum) as the official state amphibian. Michigan does have an official state reptile, which is the painted turtle. Referred to committee, no further action at this time.


House Bill 4759: Create government “small business and entrepreneurship services office”
Introduced by Rep. Collene Lamonte (D), to create a government “small business and entrepreneurship services office” that would, among other things, maintain a website with “step-by-step instructions on the governmental requirements of how to start and operate a business in this state,” coordinate government programs intended to create and retain small business jobs in this state, and more. Referred to committee, no further action at this time.


House Bill 4763: Authorize automated "photo cop" citations
Introduced by Rep. Wayne Schmidt (R), to allow local governments to issue traffic citations to motorists based on images collected by automated, unmanned traffic monitoring devices ("photo-cops") at intersections. Drivers who do not contest a citation would be subject to fines of up to $130 fine plus unlimited “administrative fees;” if a driver challenged a citation and lost the levy would be a fine of up to $130 plus up to $130 in costs and some smaller additional fees. Referred to committee and hearings held, but no further action at this time.


SOURCE: MichiganVotes.org, a free, non-partisan website created by the Mackinac Center for Public Policy, providing concise, non-partisan, plain-English descriptions of every bill and vote in the Michigan House and Senate. Please visit https://www.michiganvotes.org.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.