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Michigan government shutdown

A few things on my mind...

by: Hazen Pingree

Fri Oct 05, 2007 at 08:13:07 AM EDT

1. I'm dismayed to see this morning that Tom Clay of the highly-esteemed Citizens Research Council has "blasted" the recent budget deal as a "mere quick fix." This from an article by the Detroit Free Press' John Wisely (who is fresh off an assignment covering the running brouhaha between hockey legend Gordy Howe and his nosy neighbors).

Clay's specific criticisms are absolutely right: first, that the income tax hike is flawed because it's temporary and begins to be phased out in 2011 (after most of the current crop of legislators is gone). I don't know who's idea it was to include this provision, but shame on them for it. Sometime after 2011, we can expect to be in the same old mess again, with griping about recalls and endless late night sessions. This sort of thing is exactly why I say Michigan should consider a paygo (rule or law).

Tom's other beef - that the service tax will be uneven in how it's applied - is also correct. The governor, of course , did offer a much fairer 2-percent across the board service tax plan back in February. But the Senate Republicans (in their infinite wisdom) killed it a month later. So we have this selective approach instead. Pretty it ain't, but hey, the money has to come from somewhere.

Judging from the article, it would seem Clay has nothing good to say about the deal whatsoever. If that's actually his position, I'd be surprised. But clearly there are shortcomings in the deal (as noted above) Still, at least it provides SOME new revenue for the next few years...revenue that otherwise would not be there. That's why Professor Doug Drake is right when he says (in his token last line of the article) that "it's a considerable first step."

2. Speaking of the so-called liberal Freep, what the hell is happening to that paper? Is it just me or do they appear to be trying to outdo even the Detroit News with its shrill end-of-world/we're all going to die howling about the tax increase deal. The headlines today: "Details of service tax raise questions" and "Tax deal blasted as mere quick fix." Yesterday it was "Recall voices unite against Granholm." The day before: "Taxes may hinder attracting businesses."  And then there was this in Tuesday's editorial:
There's a lot more work to do in Lansing, despite the budget deal that averted a government shutdown Monday morning.

The agreement relies heavily -- too heavily -- on revenues through sizable new taxes, but the work to date only glances at cuts or substantive reforms.

-snip-

(L)egislators need to begin thinking more seriously about downsizing government in a way that reflects the state's own diminution and the likely sour outlook for the economy.
This from what used to be described as Michigan's left-leaning daily. Keep this up, Freep, and you'll have to go buy yourself a giant plastic pig! (In the DFP's defense, they did run a very good column by Tom Walsh yesterday [who's not known particularly as a flaming leftist] entitled "New Tax Burden? Chill Out and Hear the Truth" It's worth your time.)

3. Speaking of the Freep, the Lansing City Pulse's Bill Petit has some comments about the the Freep's "a pox on all their houses" approach to covering state government.

The list continues below the fold...
There's More... :: (2 Comments, 388 words in story)

Extremist business group seeks to wreck budget solution

by: Hazen Pingree

Wed Oct 03, 2007 at 08:37:13 AM EDT

The Detroit Free Press reports this morning that the Small Business Association of Michigan is thinking about trying to muscle a proposal onto the ballot that would repeal or change (they won't say) the new tax on certain services.

Considering SBAM's extreme reputation as sort of Michigan Militia of state business organizations (for instance, they teamed up with the Pigman for the "teabagger" protest earlier this year), it seems likely they'd just go for outright repeal (as opposed to just shift to the income tax or other revenue sources) irrespective of whether it throws the state budget back into massive deficit and on the brink of another shutdown. Apparently that extra 6% on skiing, tarot card readings and tanning salons is just too much to bear.

Unfortunately for SBAM, getting the issue on the ballot would require some gymnastics (along with a lot of money). We learn this thanks to Bob LaBrant of the Michigan Chamber of Commerce (!), quoted in the Freep:
Repealing the new tax law would be difficult, but not impossible.

A petition drive that collected 304,100 valid signatures -- a steep requirement -- would force the Legislature to either repeal the law or put the question before voters on a statewide ballot as early as November 2008.

What's not possible is a referendum that goes straight to the ballot, said Bob LaBrant, a legal expert for the Michigan Chamber of Commerce.

He said state law prohibits a referendum to repeal laws intended to avoid a deficit, which both the higher income tax and sales tax accomplish.
Huh? Really? What law is that?

Actually, it's not just a law...it's in Article II § 9 of the Michigan Constitution:
The people reserve to themselves the power to propose laws and to enact and reject laws, called the initiative, and the power to approve or reject laws enacted by the legislature, called the referendum. The power of initiative extends only to laws which the legislature may enact under this constitution. The power of referendum does not extend to acts making appropriations for state institutions or to meet deficiencies in state funds and must be invoked in the manner prescribed by law within 90 days following the final adjournment of the legislative session at which the law was enacted. To invoke the initiative or referendum, petitions signed by a number of registered electors, not less than eight percent for initiative and five percent for referendum of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected shall be required.
What does this mean? More below the fold...
There's More... :: (18 Comments, 268 words in story)

Should Michigan consider 'paygo?'

by: Hazen Pingree

Mon Oct 01, 2007 at 19:04:44 PM EDT

Before I get started, just one more musical interlude celebrating the budget deal approved this morning. Michigan will live another day! Woo-hoo!



Sorry, killjoys, you're not going to bring me down today. The pigman can wait. I'm in a festive mood.

OK...seriously now: what did we learn from this wild and crazy ride?

Well, #1 is obvious: term limits suck. But we knew that already. Clearly there needs to be some sort of effort to reform or eliminate term limits, and this topic has already been discussed.

Here's what should be lesson #2: passing tax cuts that take effect years in the future without identifying any way to pay for them is extremely bad policy. As I wrote a few days ago, the genesis of the latest fiscal crisis was set largely in 1999, when Governor John Mathias Engler proposed (and the legislature happily agreed) to enact a cut in the income tax over 5 years - as well as a 25-year phaseout of the Single Business Tax (later sped up and then eliminated altogether). No cuts or alternate sources of revenue were identified as part of the cuts. After one-time sources of revenue dried up...bingo!, we had a problem of such a magnitude it nearly threw state government into total disarray.

That's just dumb. There's no excuse for it...and we really ought to at least attempt to stop this from happening again.

To do so, we might take a cue from the House Dems in Washington, who just this year re-enacted the so-called "pay-as-you-go" (or "paygo") rule. Under paygo, proposals to increase entitlement spending or cut taxes must identify either an alternative source of revenue or equivalent cuts in other spending.

Congress' paygo rule is by no means a silver bullet. It's just a rule, and can be waived whenever Congress feels like it. But at least it's there, and at least it's a standard that hopefully people pay some attention to (read an op-ed about Paygo by Russ Feingold and Lincoln Chaffee here).

I wonder what our legislative experts think of how a Michigan paygo rule would work - or if it would work? My own sense is that it would probably be best enacted through a law (rather than a legislative rule). This would at least require a bit more effort on the legislature's part in order to get around the rule (and in the process attract more attention). I'm sure there are some unintended consequences here...but what are they?

It's clear that the Republicans long ago relinquished their claim to the fiscal responsibility mantle. So it's up to us to act. And we'd better do it soon. It's just a matter of time before another John Engler - maybe Dick DeVos - weasels his way into the governor's mansion again and starts ramming through new - and unfunded - tax cut proposals. This time we got lucky. Next time the government shutdown may last more than five hours....and those will be some very unhappy days.
Discuss :: (0 Comments)

Michigan is back!

by: Hazen Pingree

Mon Oct 01, 2007 at 07:08:21 AM EDT

O sing to the Lord a new song,
   for he has done marvellous things.
His right hand and his holy arm
   have gained him victory.
The Lord has made known his victory;
   he has revealed his vindication in the sight of the nations.
He has remembered his steadfast love and faithfulness
   to the house of Israel.
All the ends of the earth have seen
   the victory of our God.

-Psalms 98:1-3
Michigan is back! Government is operating and we have the first general tax increase in nearly quarter of a century! Hallelujah!

Of course there are things I'm not wild about in this deal. For one, it doesn't completely cover the deficit. There's still a $400 million hole to be filled...a hole that will supposedly be filled by yet another round of service cuts and maybe some more one-time fixes. But that's certainly better than a $1.75 billion hole (which is what we had before...not to mention the additional $1.9 billion hole we had earlier this year before the revenue-neutral replacement for the Single Business Tax was approved). And the importance of this event can't be overstated. After nearly a quarter century, the John Engler anti-tax, "government IS the problem" tide has finally turned in Michigan! It took them a while, but the people's elected represenatives decided that we ought to have a government in Michigan. Savor the moment.

To Speaker Andy Dillon and those House Dems whom I have thoroughly chastized and browbeaten over the past couple of weeks: I still think you let this drag on too long. But in the end, you did the right thing. Thank you...and when the pigman comes a calling, we've got your back.

For those brave House and Senate Republicans who voted for new revenues and who opted to put the needs of their state before party loyalty: thank you. You can be proud of the example you've set for the rest of us.

Thank you also to Senator Mark Schauer and to all of the House and Senate Dems who held firm in their resolve from the beginning. Our state is a better place thanks to you.

Finally, to Governor Jennifer Granholm: When the pressure was on to delay and to kick the can down the road once again, you didn't waver. You hung in there. Governor, this is your finest hour. Enjoy it.

And I still hate %$#@* term limits.
Discuss :: (25 Comments)

SHUTDOWN IS OVER!

by: Hazen Pingree

Mon Oct 01, 2007 at 05:02:29 AM EDT

UPDATE by Hazen Pingree (6:05 a.m.)

  From the Associated Press:

The Michigan Senate voted early Monday to expand the state's sales tax to apply to services in two months, completing the final piece of a budget deal to end a partial government shutdown that lasted a little more than four hours.

Applause broke out in Gov. Jennifer Granholm's office at the Capitol as soon as the final vote was announced. The deal prompted Granholm to call off the partial shutdown of state government that had officially started at 12:01 a.m.

"This budget agreement is the right solution for Michigan," Granholm said in a statement. "We prevented massive cuts to public education, health care and public safety while also making extensive government reforms and passing new revenue. With the state back on solid financial footing, we can turn our focus to the critical task of jump-starting our economy and creating new jobs."


...and then the weary citizens of Michigan filled the streets to sing:



Okay...maybe they didn't exactly break into song. But they should! Why? The first general tax increase in 20 years!

Ladies and gentlemen, the John Mathias Engler hex has been broken! Hallelujah indeed!

Discuss :: (2 Comments)

We have a shutdown

by: Hazen Pingree

Mon Oct 01, 2007 at 00:11:43 AM EDT

Well, here we go. Michigan's first government shutdown/payless payday in 48 years...brought to you by Senate Majority Leader Mike Bishop and his Senate Republican colleagues.

Senate Majority Leader Mike Bishop's shutdown
‘The harvest is past, the summer is ended, and we are not saved.’
For the hurt of my poor people I am hurt, I mourn, and dismay has taken hold of me.

-Jeremiah 8:20-21
UPDATE by Hazen Pingree: Here's the lede from the AP:
Michigan government is partially shut down

LANSING - Michigan's state government partially shut down early Monday with no budget deal in place for the new fiscal year.

Gov. Jennifer Granholm was still awaiting key votes in the Democratic-led House and Republican-controlled Senate after 12:01 a.m., the deadline for approving a state budget. The state has no authority to spend money without a budget in place.

The Legislature was racing to pass the final bills needed to avoid the shutdown but failed to meet the deadline of the start of the new fiscal year.
Discuss :: (10 Comments)

While we're waiting...

by: Hazen Pingree

Sun Sep 30, 2007 at 08:01:52 AM EDT

A few thoughts on the latest alleged "deal"...

The main item, of course is revenues. According to the Free Press (also more from the Detroit News), legislators will raise the income tax from 3.9% to 4.35%, coupled with an expansion of the sales tax to a number of services. Of course they still have yet to vote on any of this and until they do no one should take this too seriously.

Still, I can live with 4.35% so long as the new service taxes raise a sufficient amount. Unfortunately, the MIRS write-up from last night suggests this deal will also use about $220 million in one-time cash that the state expects to take in during implementation of the new Michigan Business Tax. If true, that's pretty disappointing. Come on, guys! You've come this far...why cop out and use one-time revenues now? With the economy the way it is, we know there's going to be more revenue shortfalls on the way. Then we're going to be right back here again. Cut if you must, but please...no more one-time revenues!

Also included in the "agreement..."

The legislature did manage to pass (see below) legislation that would offer "discounts" to Medicaid recipients who have healthy lifestyles. The notion of charging unhealthy people more for health care has always seemed rather big-brotherish to me, but apparently 107 of 110 House members think it's okay. As Colbert would say, "moving on..."

Public employee health insurance pooling is part of the supposed deal, and a number of bills did pass. I always assumed this would be part of the final agreement - even though it doesn't address our current fiscal crisis at all and will likely have negligible fiscal impact in the future. There's also a ban on state employees receiving pensions while they're getting a state paycheck, (a.k.a. "double-dipping"). I can live with it.

The other major element is a bill requiring school districts to abide by a common school calendar. The MEA hates this, because they want the issue to be decided in contract negotiations. I'm somewhere between ambivalent and supportive on this one.

Bottom line: I suppose this deal is preferable to a government shutdown. However, using $200 million in one-time revenues seems downright silly. You're SO close to actually having a truly balanced budget (with no one-time fixes). Why not just suck it up, add a few more services to the sales tax (or a slightly higher income tax rate), be done with it, and have genuine bragging rights?

Action so far today:

SB001 - Discounted co-pays for Medicaid reicipients with "healthy lifestyles" (passed by the House 107-2, awaiting final action by Senate)
SB395 - Create a Commission on Government Efficiency (passed by the House 108-1, awaiting final action by Senate)
SB396 - Create a Commission on Government Efficiency (passed by the House 104-5, awaiting final action by Senate)
SB395 - Create a Commission on Government Efficiency (passed by the House 108-1, awaiting final action by Senate)
SB395 - Create a Commission on Government Efficiency (passed by the House 108-1, awaiting final action by Senate)
SB418 - Allow insurance pools for public employees (passed by Senate 21-17, awaiting immediate effect in Senate and final action by House)
SB419 - Allow insurance pools for public employees (passed by Senate 23-15, awaiting immediate effect in Senate - then on to governor)
SB420 - Allow insurance pools for public employees (passed by Senate 21-17, awaiting immediate effect - then on to governor)
SB421 - Allow insurance pools for public employees (passed by Senate 23-15, awaiting immediate effect - then on to governor)
SB549 - Require all school districts to abide by a common calendar (passed by House 64-45, awaiting final action by Senate)
SB632 - Allow private sale of prisoner-manufactured clothing (passed by House 101-8, awaiting final action by Senate)
SB796 - Allow continuation of quality assurance assessment fee on HMOs (passed by House, 108-0; awaiting governor's signature)
HB4185 - Allow continuation of Nursing Home Quality Assurance program (passed by the House, 108-0; awaiting governor's signature)
HB4800 - Eliminate "double-dipping" by retired state employees (passed by the House, 97-12; awaiting final action by Senate)
HB5257 - Allow continuation of non-profit filing fees (passed by Senate 35-3; awaiting governor's signature)
HB5258 - Allow continuation of Limited Liability Company filing fees (passed by Senate 35-3; awaitng governor's signature)
Discuss :: (8 Comments)

Liveblogging the Michigan Government Shutdown: The Final Hours

by: Hazen Pingree

Sun Sep 30, 2007 at 05:57:21 AM EDT

(Bumped back to the top because it seemed like the right thing to do - promoted by Hazen Pingree)

5:01 p.m.  Seven hours until state government shuts down. (Eric B.) 

4:31 p.m.  Off topic, but Casey FitzSimons has just returned an onsides kick for a touchdown, and the Lions will beat the Chicago Bears and go to 3-1.  The score is right now 37-27 with 45 seconds left. (Eric B.)

4:15 p.m.  The Senate is in Recess.  The House is still voting on the Conference Committee Report on SB418.  Much arm twisting is going on behind the scenes and the general consensus is that this is going to go to the wire tonight.  (~JPowers155) 

3:17 p.m.  I can report that Leon Drolet has officially declared defeat.  In an e-mail he sent out about four hours ago, he writes:

"Friends,

I am no longer in Lansing. The battle to prevent a massive tax increase has already been lost and the tax hike will happen. Hanging out in Lansing is now a waste of my time.

I am now spending time every day preparing to support recall campaigns against key legislators who allowed this tax hike to happen. Successful recalls will change the way policy and tax questions are answered in Lansing."

Let us descend upon Mr. Perks and turn him into a victory ham! (Eric B.)

3:05P p.m. Now less than nine (9) hours to government shutdown. (Hazen Pingree)

There's More... :: (36 Comments, 867 words in story)

YouTube of the governor's address

by: Hazen Pingree

Fri Sep 28, 2007 at 06:25:50 AM EDT


A good job by the guv last night. Just the right tone...and a striking contrast to Bishop's miserable attempt at a response (anyone know where the Youtube of this is? I actually would like to put it up just to illustrate how bad it was).
Discuss :: (5 Comments)

Anatomy of a catastrophe

by: Hazen Pingree

Thu Sep 27, 2007 at 19:47:13 PM EDT

How did we get here? Here's one 167-year old dead ex-governor's opinion:

Term Limits


Much has been said about the evils of term limits. It's all true. Throwing people out just as they're starting to figure out how to actually do their jobs effectively is one incredibly stupid idea and the fact that we're here today, getting ready for a government shutdown in the middle of a recession, is living proof. Is it any wonder term limits were brought to us by the same government haters who paid for the giant scofflaw anti-tax pig parked in front of the Capitol today.

In the old days, legislators used to have a much better sense of their political abilities and limitations and more comfortable telling leadership to go jump in a lake. These were the folks that could be relied upon to come together in a crisis and make things right. With a few exceptions, they're all gone now, thanks to %$#*&ing term limits.

John Mathias Engler and the 90th Michigan Legislature

Back when SUVs were selling like crack cocaine and Michigan was flush with cash (relatively speaking), John the Body and his allies in the Republican-controlled legislature thought it would be fun to cut Michigan's income tax rate from 4.4 percent to 3.9 percent. But they didn't have the chutzpah to do it all at once. Instead, they opted to phase it in...over 5 years.

Originally backed by Republicans, this plan did pass with substantial Democratic support (including many legislators I like and respect). Just for kicks, here are the vote totals listed in the House and Senate journals for SB 001 of 1999 - one of a package of bills implementing the .5% income tax cut:

Senate 2/11/99 32-2:
Yes Loren Bennett (R), Joanne Emmons (R), Don Koivisto (D), Bill Schuette (R), Dianne Byrum (D), Harry Gast (R), Burton Leland (D), Joe Schwarz (R), John Cherry (D), Mike Goschka (R), Thaddeus McCotter (R), Dale Shugars (R), Ken DeBeaussaert (D), Joel Gougeon (R), George McManus (R), Ken Sikkema (R), Dan DeGrow (R), Bev Hammerstrom (R), Art Miller (D), Glenn Steil Sr. (R), Chris Dingell (D), George Hart (D), Walter North (R), Leon Stille (R), Mat Dunaskiss (R), Phil Hoffman (R), Gary Peters (D), William Van Regenmorter (R), Bob Emerson (D), Dave Jaye (R), Mike Rogers (R), Joe Young (D)
No Alma Wheeler Smith (D) Jackie Vaughn (D)
NV Bill Bullard (R), Ray Murphy (D), Virgil Smith Sr. (D)

And in the House (See if any names look familiar):

House 2/10/99 96-11
Yes Jason Allen (R), Jennifer Faunce (R), Jim Koetje (R), Andy Richner (R), Patty Birkholz (R), A.T. Frank (D), Mike Kowall (R), Vera Rison (D), Clark Bisbee (R), Valde Garcia (R), Wayne Kuipers (R), Sue Rocca (R), Mike Bishop (R), Belda Garza (D), Janet Kukuk (R), Alan Sanborn (R), Rose Bogardus (D), Terry Geiger (R), Charles LaSata (R), Mark Schauer (D), Doug Bovin (D), Paul Gieleghem (D), Gerald Law (R), Gloria Schermesser (D), Ken Bradstreet (R), Jud Gilbert (R), Lamar Lemmons III (D), Judith Scranton (R), Lingg Brewer (D), Pan Godchaux (R), Patricia Lockwood (D), Scott Shackleton (R), Bob  Brown (D), Bob Gosselin (R), David Mead (R), Dale Sheltrown (D), Cameron Brown (R), Mike Green (R), Mary Ann Middaugh (R), Marc Shulman (R), Bill Byl (R), Lauren Hager (R), Mickey Mortimer (R), Doug Spade (D), Bill Callahan (D), Derrick Hale (D), Andy Neumann (D), Tony Stamas (R), Nancy Cassis (R), John Hansen (D), Bill O'Neil (D), Mickey Switalski (D), Sandy Caul (R),  Artina Tinsley Hardman (D), John Pappageorge (R), Susan Tabor (R), Deb Cherry (D), Jim Howell (R), Bruce Patterson (R), Paul Tesanovich (D), Irma Clark (D), Ruth Ann Jamnick (D), Chuck Perricone (R), Buzz Thomas (D), Hansen Clarke (D), Mark Jansen (R) Steve Pestka (D), Laura Toy (R), Ken Daniels (D), Ron Jelinek (R), Hubert Price (R), Gerald Van Woerkom (R), Eileen DeHart (D), Jon Jellema (R), Mike Prusi (D), Gerald Vander Roest (R), Julie Dennis (D), Rick Johnson (R), Mike Pumford (R), Steve Vear (R), Gene DeRossett (R), Ruth Johnson (R), Nancy Quarles (D), Helen Voorhees (R), Larry DeVuyst (R), Larry Julian (R), Andrew Raczkowski (R) Paul Wojno (D), Paul DeWeese (R), Thomas Kelly (D), Triette Reeves (D), Dave Woodward (D), SteveEhardt (R), Kwame Kilpatrick (D), Randy Richardville (R), Gary Woronchak (R)
No Laura Baird (D), Gilda Jacobs (D), Jack Minore (D), Keith Stallworth (D), Liz Brater (D), Ed LaForge (D), Joseph Rivet (D), Ed Vaughn (D), Mike Hanley (D), Lynne Martinez (D), Martha Scott (D)

Many of the "yes" voters did have concerns about where the money was going to come from to fund these tax cuts or what would happen if the unthinkable happened and Michigan's economy went into the tank. However, using the same logic that led John Edwards and Hillary Clinton to vote for the Iraq War, they decided that - since the thing was going to pass anyway - they may as well vote for it (conscience be damned) and go on record as being a lean, mean tax cuttin' machine. This they did.

Since then, of course, no one has bothered to pass any new tax or substantial service cuts to make up for the missing revenue. Instead, Michigan has limped along on a series of one-time fixes - gimmicks such as completely burning through the $1.2 billion rainy day fund. This is one major reason why we have a deficit today.

The list continues below the fold...
There's More... :: (18 Comments, 1269 words in story)

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