As one of his first actions after taking office at the beginning of 2009, state Rep. Fred Durhal, D-Detroit, introduced House Bill 4229, which would create the "Michigan Legislative Funeral Act." Upon the death of a lawmaker or former lawmaker, this proposal would require the state police to provide an escort for the funeral procession if the family of the deceased requests it. The taxpayers would pay for the costs of this escort and also — if the family asks — provide them a state flag.

This bill is co-sponsored by the following state representatives:

Bettie Cook-Scott, D-Detroit
Bert Johnson, D-Detroit
Shanelle Jackson, D-Detroit
Jimmy Womack, D-Detroit
Coleman Young II, D-Detroit
Robert Jones, D-Kalamazoo
Roy Schmidt, D-Grand Rapids
Goeff Hansen, R-Hart
Richard LeBlanc, D-Westland
Bob Constan, D-Dearborn Heights
George Cushingberry, D-Detroit
Dudley Spade, D-Tipton
Rashida Tlaib, D-Detroit
Bob Genetski, R-Saugatuck
Gail Haines, R-Waterford
Kevin Green, R-Wyoming
Tom McMillin, R-Rochester Hills
Marie Donigan, D-Royal Oak.

Along with Durhal, Reps. Womack, Schmidt, Tliab, Genetski, Haines and McMillin are each new lawmakers beginning their first full term in the Michigan Legislature. This bill was introduced on Feb. 10, six weeks after each was sworn into office. 

Shortly after the bill was introduced, Leon Drolet, head of the Michigan Taxpayers Alliance, issued a public statement noting that the tributes authorized by the bill more closely approximate those performed for fallen American military veterans: "No word as to whether these politicians will also require military aircraft to perform the missing man formation as an aerial flyover salute at their funerals." 

The proposed police escorts and flags for politicians' funerals resemble another honorific that is already provided by the state to both lawmakers and military veterans while they are still among us. Michigan law allows U.S. veterans of war to select a special state license plate that identifies them as unique citizens who have risked their lives in service to the nation. Michigan legislators are permitted to use license plates that identify them as well: They are designated with the prefixes "SEN" or "REP," followed by the number of the legislator's district. Two sections in state law require the Secretary of State to issue special expiration dates for these plates that coincide with the end of a lawmaker's term in office. Many lawmakers use these plates. (Note: Drolet, who served as a state representative from 2001 through 2006, did not request a specialty plate that designated him as a lawmaker.)

With an annual base salary of $79,650 each, Michigan's state legislators are ranked by the National Conference of State Legislatures as the second highest paid in the land. This is far ahead of many states with populations equal to or larger than Michigan, many of which consider the job of state lawmaker to be in some form or other a part-time position. Florida's population is more than 80 percent larger than Michigan's and that state pays lawmakers an annual base salary of $30,336. Texas, the nation's second most populous state — 2.4 times the size of Michigan — pays its part-time lawmakers just $7,200 per year. Georgia, ranked 11th in population right behind Michigan, pays its state lawmakers $17,342 per year.

On top of their base salary, Michigan lawmakers also receive an annual expense allowance of $12,000. Additionally, the 12 members elected to leadership positions in each chamber annually receive thousands of dollars more. Those who chair the appropriations committees in the House and Senate receive an extra $7,000; the leaders of the minority parties in each chamber receive an extra $22,000; the majority leader in the Senate receives $26,000 more; and the speaker of the House receives a $27,000 annual bonus.

House Bill 4229 has been referred to the House Government Operations Committee. The committee is chaired by Rep. Constan, a co-sponsor of the legislation. Rep. McMillin, another co-sponsor, is also a member of this committee.

The contact information for all lawmakers may be found here.

Ken Braun is the senior managing editor of Michigan Capitol Confidential. He may be contacted at author@mackinac.org. For further information and an opportunity to comment on this issue, please see www.mackinac.org/10424.

New Lawmaker to Save State from 'Clear and Present Danger'

State Rep. Paul Scott, R-Grand Blanc, is one of 46 lawmakers joining the Michigan Legislature for the 2009-2010 session. The new legislator's first two bills are designed to slay what he characterizes as a "clear and present danger to all Michigan residents."

House Bill 4099 would make it illegal for an owner of virtually any public facility to allow smoking. House Bill 4100 would put out of business any restaurant that allows customers to smoke. Scott asserts that there would be "no exceptions" to this ban.

The Michigan Restaurant Association, representing more than 4,500 locations across Michigan, believes that its members should set their own smoking policies so as to cater to the desires of each restaurant's unique base of customers.

"We're in the business of providing customers with choices and giving them what they want," is how former MRA president Rob Gifford characterized the matter when fighting against similar legislation in 2004. "With the growing number of smoke-free restaurants across the state in recent years, the restaurant and foodservice industry has done an excellent job of regulating itself without government interference."

Scott's media release dismissed the arguments made by these job providers as the work of "naysayers." He suggests that they could learn something by visiting a local restaurant in his district that he says is thriving because it voluntarily banned smoking so as to please its customers.

The MRA says this restaurant's decision to go smoke-free voluntarily is an example of a rapidly growing trend and is precisely why government does not need to and should not impose a ban on restaurant owners who think it might hurt their particular business.

"Since 1998 the number of restaurants and taverns that offer a 100 percent smoke-free environment has increased more than 97 percent," noted the MRA while successfully resisting a bill similar to Scott's during the 2007-2008 legislative session. "In 1998, there were 2,200 smoke-free establishments. Today, there are more than 4,350."

The restaurant owners' organization also submitted evidence showing states that totally ban smoking in restaurants have seen their sales growth projections disappoint by as much as 12.4 percent following the imposition of the ban.

But Scott believes the will of the majority has spoken and that no restaurant owner anywhere in Michigan should be allowed to cater to a smoking minority that may wish to have a few places left where they can light up when eating out.

"People overwhelmingly want this ban," notes the lawmaker. "I talked with thousands of local residents during the last few months and there is steadfast support for a smoking ban."

For additional information and an opportunity to comment on these issues, please see www.mackinac.org/10207.