Mid January, 2022 Newsletter


‘Astounding’ Revenue Surge Continues

The massive, unanticipated windfall of additional revenues to the state continues with the Consensus Revenue Estimating Conference revising revenues upward Friday by $3.16 billion for the General and School Aid funds combined.

That’s on top of the projected book-closing on the 2020-21 fiscal year that ended September 30, 2021, making available $2.69 billion in revenues above the May 2021 conference forecast – $1.67 billion for the General Fund and $1.02 billion for the School Aid Fund.

And then there’s still the enormous amount of federal aid appropriated to the state. There’s $1.8 billion in passthrough money that automatically goes to certain programs and another $5.3 billion discretionary state relief aid available. And then there’s more than $10 billion the federal government has sent to the state for infrastructure.

"It is astounding. It’s impressive to see what has happened to the economy in the last two to three years," Budget Director Chris Harkins told reporters after the conference. "The swing has been absolutely unbelievable."

However, he cautioned, "a lot of it is one-time in nature."

For the 2021-22 fiscal year, the conference revised revenues upward by $1.73 billion from the May 2021 conference for both the General and School Aid funds combined, an upward revision of $776.6 million for the General Fund and $947.2 million for the School Aid Fund. There will be a slight decrease in revenues overall from the 2020-21 fiscal year, down by 1.6 percent to $28.528 billion for both funds.

For the 2022-23 fiscal year that begins October 1, the conference revised revenues upward by a combined $1.44 billion to both funds: $621.4 million in the General Fund and $819 million in the School Aid Fund. This will represent a 2.1 percent increase from the 2021-22 fiscal year to $29.139 billion for both funds.

For the General Fund, Mr. Harkins said that $621.4 million upward revision for the 2022-23 fiscal year could be seen as the ongoing revenue increase with the rest of the surge being one-time in nature.

Governor Gretchen Whitmer will present her recommendation for the 2022-23 fiscal year in early February.

Lawmakers and the Whitmer administration also will have massive supplemental appropriations to consider.

One lawmaker, Sen. Jim Runestad (R-White Lake), chair of the Senate Finance Committee Track, called for tax cuts.

Rep. Thomas Albert (R-Lowell), chair of the House Appropriations Committee Track, said Friday that he was optimistic about getting a budget done by July 1, remarking, "In the House, we got it done last year."

"I’m only one leg of the stool, and it takes all three to get it done. So, it just kind of depends," Mr. Albert said. "The more money that we’re seeing right now, honestly, does make it more challenging. But if we can limit things to one-time spending for any types of increases and try to just be responsible – that we don’t increase ongoing programming – there’s a lot of risks in the economy. I think we just need to be cautious."

He added that with more money, the Legislature was somewhat in a too-many-cooks situation. The more funding there was available, the more ideas are added to the discussion, Mr. Albert said, which was not always necessarily helpful.

While there is always some degree of that occurring in every budgeting process, he acknowledged, with an unprecedented amount of funding came an increase in funding requests.

Sen. Jim Stamas (R-Midland), chair of the Senate Appropriations Committee Track, seemed to hold a similar view, saying that he certainly hoped to have the budget completed by the July 1 deadline.

"We’d like to have that out for our schools and local governments, at a minimum," he said, adding the reality of it being an election year made completing the budget on time even more crucial.

Given the large number of incumbent lawmakers facing primaries in August, there will surely be little desire to remain in Lansing well into the summer with legislators itching to campaign back home.

Mr. Stamas indicated that there was a positive relationship between himself, Mr. Harkins and Mr. Albert which would benefit any future budgetary work.

As for any movement on the various supplementals, both Mr. Albert and Mr. Stamas seemed optimistic on this front too.

Three supplementals are currently floating within the Legislature, with the COVID-19 early treatment and law enforcement supplementals in the House and the lead service line replacement funding supplemental in the Senate.

"That’s one thing that I think is pretty unique about this year," Mr. Albert said, of the supplementals. "People think of the regular budget … we have a regular process that we do every year. There’s just not any type of process, for supplementals, like that."

He gave no indication as to which supplemental would be likely to pass first between the three, though Mr. Stamas said his chamber was "discussing the health supplemental that the House has sent over," currently.

"We’re trying to get through these as fast as we can, but it just takes time to negotiate," Mr. Albert said. "Hopefully, we can reach some type of agreement with the admin sooner, rather than later."

During the conference, economists detailed the reasons for the historic surge in unanticipated revenues.

Annual and quarterly income tax payments were far, far ahead of the May forecast.

Eric Bussis, chief economist and director of the Department of Treasury’s Office of Revenue and Tax Analysis, said May 2021 saw annual income tax payments underestimated by $1 billion alone.

"We had a huge annual payment surprise," he said.

The federal aid flowing into the state via stimulus checks and enhanced unemployment benefits meant people were spending more money and generally more on goods because the pandemic limited availability of services. This triggered the big increase in sales and use tax revenues, as well as revenues to the Corporate Income Tax and Michigan Business Tax.

Mr. Harkins noted, however, that total revenues in the 2021-22 fiscal year would be less than in the 2020-21 before showing small growth again in the 2022-23 and 2023-24 fiscal years.

"It’s very positive to see that by ’24 we’re projecting growth over this ’21 number, but it first takes a dip in ’22 and we grow from there," he said.

Michigan to Get $563 Million to Fix, Maintain Highway Bridges

More than $563 million in federal dollars is heading to Michigan to fix and maintain highway bridges.

The funding is from the Bridge Replacement, Rehabilitation, Preservation, Protection, and Construction Program and will help repair about 1,240 bridges considered to be in poor condition, the Transportation department said Friday.

Improvements also will be made to more than 5,950 bridges deemed to be in fair condition.

Roughly 15,000 highway bridges across the United States are to be repaired and upgraded as part of the five-year $27 billion program through the infrastructure law approved in November.

It will be administered by the Federal Highway Administration.

Auditors Find Additional Deaths in Long Term Care Facilities

A report from the Office of the Auditor General found that 8,061 deaths occurred at Michigan long-term care facilities from COVID-19 between the time the pandemic began and July 2, 2021 – 2,386 more than the Department of Health and Human Services has reported.

The difference was owed to reviewing homes not required to report information and disputed methodology.

This report was not officially made public by the Office of the Auditor General but leaked to some news organizations.

There was no indication in the report of any attempt by DHHS to falsely minimize the number of deaths in nursing homes, homes for the aged and adult foster care facilities even as Republicans claimed otherwise without evidence. Auditors also said they were unable to analyze which deaths were specific to facilities where residents were transferred to a hub, a Whitmer administration policy from early in the pandemic Republicans criticized. They preferred to see COVID-19 positive patients not requiring hospitalization transferred to unspecified other facilities.

But the report does offer a deeper look at the impact of COVID-19 in long-term care facilities than DHHS has provided so far.

In particular, the report found 1,051 deaths at long-term care facilities not required to report information to DHHS. These are adult foster care facilities licensed for 12 or fewer beds, exempt homes for the aged and hospice-only skilled nursing facilities not subject to reporting information to DHHS.

This was a point heavily emphasized in a letter from DHHS Director Elizabeth Hertel to auditors in which she said that these deaths should have been separated. She noted the federal government sets reporting requirements, not the state.

There are 4,269 facilities in Michigan not required to report information to the state, auditors found, and 1,393 required to report.

The other source of the difference in the death count at long-term care facilities was that auditors used address fields in the Michigan Disease Surveillance System and found 1,511 additional deaths linked to a long-term care facility. DHHS contends the use of address fields in that system is unreliable, but auditors said they corroborated at least 85 percent of the 1,511 addresses using other data fields, Medicaid data in the Bridges system and Medicaid long-term care claims in the CHAMPS system.

Republicans have compared Michigan’s nursing home data reporting to the controversy in New York state but there’s a couple major differences. Staff to former New York Governor Andrew Cuomo, news organizations reported, rewrote health data from that state’s health department to make the number of nursing home deaths lower than they seemed. That state’s attorney general also reported that the state did not count nursing home deaths if the deceased resident was transferred to a hospital and died there.

The letter from the Michigan Office of the Auditor General said Michigan followed U.S. Centers for Disease Control and Prevention definitions and required long-term care facilities to report residents with suspected or confirmed COVID-19 cases who died in the facility or another location. They could exclude those not expected to return to the facility or if the facility was not aware of the COVID diagnosis prior to transfer.

Auditors said the 5,675 deaths the state reported in long-term care facilities due to COVID-19 was accurate based on the methodology the state was using. They also indicated that DHHS is in the process of vetting death numbers with long-term care facilities.

Whitmer Press Secretary Bobby Leddy, in statements to various news organizations, emphasized that auditors found the 5,675 number to be accurate.


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Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE
**Updated Information Regarding Proof of Financial Responsibility Insurance Requirements for Medical Applicants and Licensees**

As previously communicated, PA 160 and PA 161 were signed by the Governor on December 27, 2021. These laws do not take immediate effect and as such the application and process for applicants and licensees will remain unchanged at this time. When the laws take effect on March 30, 2022, the MRA will update the application to align with the requirements of the law. We apologize for any confusion. As always applicants and licensees are encouraged to obtain applications and forms directly from the website to ensure they are using the most up to date materials.


HEARINGS ON HEMP & MARIJUNA BILLS IN REGULTORY REFORM THIS WEEK:

House Bills 5058 to 5061 would amend several acts pertaining to industrial hemp to exclude food and certain products from being considered “adulterated” solely on the basis of containing industrial hemp, limit the liability of growers for violations of the Industrial Hemp Growers Act, and revise or delete defined terms.  These bills, along with HB 5617–requirements for industrial hemp added to food or dietary supplement–will be heard today, 1/18.

Additionally, HB 5512 which corrects inconsistencies between the Michigan Medical Marijuana Act and certain parts of the revised judicature act of 1961 related to drug treatment courts will also be heard in Regulatory Reform this week.

DCD will continue to monitor these bills and provide updates as necessary.


DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future! 


ARTICLES OF CANNABIS INTEREST:

Michigan’s New Cannabis Liability Insurance Requirements Raise Concerns by Licensees, Insurers

Cannabis Compounds Prevent Coronavirus from Entering Human Cells

Michigan Breaks Another Marijuana Sales Record in December

Frustration Builds as Federal Cannabis Reform Stalls

Michigan Marijuana’s 2021 Growing Pains


Doing Things Differently

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best.

We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Dunaskiss.biz | 248.693.1391

Early January, 2022 Newsletter


Bombshell: UIA Paid $8.5B In Fraudulent Claims

The Unemployment Insurance Agency paid a stunning $8.5 billion in fraudulent claims, a report released Wednesday said, leading to a sharp rebuke from Republicans in the state.

A Deloitte report released Wednesday estimates that out of a potential $52.2 billion in attempted fraudulent claims between March 1, 2020, to September 30, 2021, an estimated $2.7 to $2.8 billion was paid to claims involving likely imposter fraud and an estimated $5.6 to $5.7 billion was paid to claims involving likely intentional misrepresentation fraud. The bulk of payments were federally funded through the various Pandemic Unemployment Assistance programs.

Since most of the fraudulent claims came from federal jobless programs, the state’s trust fund was minimally affected, the agency said.

"It’s extremely disheartening that bad actors have defrauded the much-needed benefits intended for hard-working Michiganders and the scale of their actions is stunning," UIA Director Julia Dale said in a statement. "We have been successful over the past year in limiting the percentage of cases that are fraudulent to less than 1 percent, but we will never stop fighting for our workers."

The $8.5 billion in likely fraudulent claims is mostly separate from the $3.9 billion in payments to those who qualified under criteria later deemed ineligible, though there is some overlap. The state has already waived $3.7 billion in overpayments for that population.

Roughly 3 percent of the fraudulent claims, or $249 million, were paid out through the state program. The remainder was federal. Deloitte found in its report.

In total, the agency has paid out $39 billion to 3.3 million claimants.

Governor Gretchen Whitmer in a news release announced the report and staggering fraud figure as she signed Executive Order 2021-16 permanently establishing the Unemployment Insurance Fraud Response Team.

Additionally, Ms. Whitmer issued Executive Directive 2021-14directing the Unemployment Insurance Agency to continue to use new technologies, integrate stakeholder expertise, partner with community organizations to educate potential UI claimants, and prioritize enforcement of UI fraud cases through the Response Team.

"It’s extremely important that we continue to push back on bad actors who look to take advantage of a vital safety net resource for out-of-work Michiganders," Ms. Whitmer said in a statement. "While we are seeing increased success in identifying and stopping fraudulent claims, we cannot let up. We owe it to workers to make sure this jobs resource is available when they need it the most. Today’s action ensures the Unemployment Insurance Fraud Response Team continues to have the expertise and tools necessary to ramp up our efforts to prevent bad actors from defrauding the system."

Republicans, who have been particularly critical of the UIA during the pandemic, were quick to blast the administration given the fraud figure released Wednesday.

"This is yet another reason why Whitmer’s administration can’t be trusted to provide the help needed for people in crisis," Gustavo Portela, communications director for the Michigan Republican Party, said in a statement. "We’ll replace her next year with a Republican governor who won’t let fraudsters walk away with billions of taxpayer dollars that should be going to help people hurting because of Whitmer’s lockdowns."

Rep. Steve Johnson (R-Wayland) said in a statement he expects consequences within the Whitmer administration.

"The Whitmer administration has continued to show incompetence and disrespect for the taxpayers they serve," he said. "The Whitmer administration should be ashamed that they lost over $10 billion in taxpayer money under their ‘leadership’ and demand that Steve Gray pay back his $85,000 hush fund buyout."

Mr. Gray was director for the first 11 months of the pandemic and has come under criticism for responding to calls early in the crisis to push more money out the door to claimants by loosening fraud projections. He received a severance payment as part of his resignation.

Republican Tom Leonard, former House speaker and candidate for attorney general, said Ms. Whitmer should answer for how the fraud was allowed to occur.

"For nearly two years now Governor Whitmer has allowed mistake after mistake by inept directors all while working families have paid the price," he said in a statement. "People are suffering and they need real help filling their gas tanks and making ends meet at the grocery store. But all Gov. Whitmer’s UIA has done is waste billions on fraudulent claims while making the workers who deserve help wait for months on end. The people of Michigan deserve better."

The report notes the large number of claims that were coming in and federal rules requiring state agencies to allow individuals to self-attest that they qualified for benefits.

At the peak of claims, the agency received 77 times more claims that it did in an average week before the pandemic. In the spring of 2020, the volume peaked with a high of over 388,000 claims in a single week, compared with just 5,000 claims before the pandemic and a previous all-time weekly high of 77,000 during the Great Recession.

The creation of the Fraud Response Team comes after Attorney General Dana Nessel launched an Unemployment Insurance Fraud Task Force. The work of the Task Force, which was first announced in June 2020, has resulted in 54 Michiganders being charged with UI fraud by either state or federal authorities – in some cases netting millions of dollars – with 37 cases pending. Nine people have pleaded guilty or been convicted and three have been sentenced. Those accused of facilitating fraud include five UIA employees or contract workers.

"I applaud Gov. Whitmer’s action to ensure bad actors continue to be identified through the Unemployment Insurance Fraud Response Team," Ms. Nessel said. "Michiganders currently out of work should not have to worry that the benefits available are being exploited by criminals, which is why our task force has remained focused on rooting out fraud. I look forward to working with our agency partners to support this new endeavor."

The directive solidifies the following actions within the UIA:

  • Implement daily reviews of all claim activities and establishing procedures to resolve matters for victims of identity theft who need to file a new claim;
  • Continue following procedures to resolve matters for victims of identity theft in real time. Identified theft victims must be empowered to file legitimate claims and access resources available to them to protect their identity;
  • Modernize its current IT system. A new claims processing system that is agile, robust and secure will allow for quicker response to economic changes and provide more internal control over touchpoints with our customers;
  • Focus on a human-centered, plain language approach with customers by making sure correspondence isn’t confusing, requests by the agency are clear, and missteps can be avoided when dealing with customers; and
  • Launch an aggressive staff training regimen to address knowledge and skills gaps to better allow the agency to pivot in times of crisis and move resources fluidly to address growing issues.

Potential Senate Primaries Between Incumbents Looming

A new state Senate map adopted Tuesday by the Independent Citizens Redistricting Commission will pit several incumbent Senate members against each other, prompting some to move and others to weigh their next move.

As passed, the new maps also make for a more competitive battle for control of the Senate, which Republicans have controlled since 1984 and had been able to maintain under the previous method of drawing new maps. The new maps on paper could make control of the Senate a tossup, with the possibility for either party of a narrow majority in the 38-member chamber.

For the Republicans, Sen. Rick Outman (R-Six Lakes) and Sen. John Bumstead (R-Newaygo) both reside in what will be the new 33rd Senate District. The district contains all of Montcalm and Newaygo counties and parts of Ionia, Kent, Muskegon, and Ottawa counties. There has been talk that Mr. Bumstead might move out of the district.

Messages left Wednesday with Mr. Outman and Mr. Bumstead were not immediately returned.

Another potential GOP primary would put Sen. Aric Nesbitt (R-Lawton) in the new 20th Senate District with Sen. Kim LaSata R-Bainbridge Township), which contains parts of Allegan, Berrien, Kent and Van Buren counties. Mr. Nesbitt is considered the frontrunner for the Republican caucus leader next term.

Mr. Nesbitt said Wednesday he intends on running in the 20th and "looks forward to continuing to represent" the people of the district. A large piece of the district, the portions of Allegan and Van Buren counties, are in his current district.

A message left Wednesday with Ms. LaSata was not immediately returned.

On the Democratic side there are also primaries looming.

Sen. Stephanie Chang (D-Detroit) would be placed in the 10th Senate District with Sen. Paul Wojno (D-Warren).

Ms. Chang said Wednesday she is in the process of moving to the new 3rd Senate District where she and her family once lived. This would put Ms. Chang, who is considered one of the frontrunners for the Democratic caucus leader position, into a primary with Sen. Adam Hollier (D-Detroit), one of the Senate Democrats’ 2022 campaign co-chairs.

Another district that could feature a Democratic primary is the new 8th Senate District which includes parts of Oakland and Wayne counties. Democrats Sen. Rosemary Bayer of Beverly Hills, Sen. Marshall Bullock of Detroit and Sen. Mallory McMorrow of Royal Oak would all reside within the new district. Ms. Bayer said Wednesday she will be moving to the new 13th Senate District.

Messages left Wednesday Mr. Bullock was not immediately returned.

Mr. Nesbitt minced no words Wednesday in his disappointment in the commission’s work.

"It’s pretty clear that the redistricting commission tried to gerrymander things in favor of the Democrats," Mr. Nesbitt said.

When asked how it could be a partisan gerrymandered map when the commission had to have the votes of multiple Republican, Democratic and independent, Mr. Nesbitt said: "Bullshit."

Mr. Nesbitt pointed to examples of independent commissioners such as Anthony Eid, whose social media comments and support of Democrats in the past came under fire by conservatives earlier this year. He added that he believed the commission really only had a couple Republican members, with a major push made to draw maps in favor of Democrats.

With that in mind, Mr. Nesbitt said he was still confident in the party’s chances in 2022. He said the party has 17 incumbents and a strong pool of candidates ready to run. He added the GOP has good issues to run on such as opposing the governor’s coronavirus pandemic response.

"They’ll be on defense. … I would not want to be a Democrat in this cycle," Mr. Nesbitt said. "I feel there’s a good pathway to maintain a Republican majority."

Mr. Nesbitt said there are competitive districts in Macomb County as well as the Tri-Cities area district including Bay City, Midland and Saginaw to target. He also said he believed the new 28th Senate District including East Lansing and parts of Ingham, Clinton and Shiawassee counties would be in play too. He pointed to the large GOP gains in Virginia in November, where there was a large shift away from Democrats in less than a year after the 2020 elections.

Democrats for their part were excited about the prospect of control of the chamber being potentially within striking distance. Incumbents did have concerns over some of the district boundaries, particularly the changes to majority-minority districts in places like Detroit.

"As a millennial… literally my entire life the Senate has been under Republican control … we’ve got a lot of momentum," Ms. Chang said. "I think we’re positioned very well."

Ms. Chang said the commission did a good job for their work taking place during a pandemic and under major scrutiny.

"It was messy, but it was transparent," Ms. Chang said.

For candidate recruitment Ms. Chang said it will come down to having active, visible candidates who are plugged into their districts and able to effectively deliver a localized message.

"This is one of the unfortunate realities of redistricting," Ms. Chang said of multiple incumbents being in some new districts. "Every single one of my campaigns I’ve been focused on positives and what I’ve been able to accomplish."

She said her focus will be on getting her campaign running and getting reacquainted with the part of the district where she once lived.

While pleased with the maps putting the Senate in play for Democrats, Mr. Hollier said he still had huge concerns over the commission’s breaking up of majority-minority districts in its mapping process.

He said keeping communities intact and having majority-minority districts maintained are not exclusive, adding that various organizations provided sample maps showing it could be done.

"They got bad advice," Mr. Hollier said of legal and expert advice on the makeup of districts in Black communities such as Detroit. "I think the commission could do it with no problem. It would not have been that difficult. They 100 percent could have done it."

As to a likely primary with Ms. Chang, Mr. Hollier said he will continue to do what he has done in past campaigns. He said he would also be pointing to his support for changes to the state’s auto insurance laws which he said has provided savings to residents. He would also be pointing to work to keep auto factories open in Detroit.

"I know this is the community I was born and raised in," Mr. Hollier said of his district, which is where he plans to continue raising his family.

Mr. Hollier said he agreed with an idea pushed by proponents of the ballot measure that created the redistricting commission, that being voters should be able to choose their elected officials and not officials choosing their voters. In what appeared to be a reference to Ms. Chang, Mr. Hollier said he believed people prefer someone who is from their community rather than someone who was moving around to represent them.

Ms. McMorrow, when asked about a possible primary with Mr. Bullock, said: "I love Marshall" and that she has no intention to go negative during any potential primary.

The 8th Senate District contains parts of Detroit as well as parts of Berkley, Birmingham, Clawson, Ferndale, Huntington Woods, Oak Park, Royal Oak and Royal Oak Township.

She expects her campaign to be centered on her work in office so far and what she brings to the table. There will also be steady outreach into the parts of the new district that are not in her current district to learn more about local needs.

"It comes down to what you’re doing day-to-day," Ms. McMorrow said.

For the 2022 elections, she said Democrats need to strike the right balance between local issues that people care about as well as promoting things they have done for their districts.

As to the possibility of flipping the chamber based on the new maps, she said: "Oh my God, it’s so exciting."

Ms. Bayer’s move to the 13th Senate District would put her in a district containing a small part of her current district including Bloomfield Township. The new district also includes Northville, Novi, Plymouth and West Bloomfield Township.

Despite it being a lot of new territory to get to know, Ms. Bayer said she will approach it as she does any other challenge: by going all-in and working hard.

"I’m the queen of doors," Ms. Bayer said. "We’re going to shift where we do our doors."

Michigan breaks single-day COVID-19 case record — Here’s what to know about the virus this week

There were 11,490 cases confirmed on Dec. 27, according to data on the state’s COVID-19 dashboard

That’s the highest single-day report of positive cases. But Monday’s record could be eclipsed this week. 

On Wednesday, Michigan reported 25,858 cases over a two-day period (Tuesday, Dec. 28 and Wednesday, Dec. 29) for an average of 12,929 per day.

The state’s daily positive cases are released Mondays, Wednesdays, and Fridays but those dates are not indicative of when someone took a test. According to the state’s dashboard, "cases are shown by onset date or lab specimen collection date…", meaning someone who tested on Monday but wasn’t confirmed positive until Wednesday will be listed as a positive case on the day they tested – Monday.

The country also set a record for Covid cases this week. 

On Tuesday, the U.S.’s seven-day average of new cases was 265,427. Data from Johns Hopkins University shows that the previous record was 250,000 cases per day, set in mid-January.

Omicron cases in Michigan

There are now 75 cases of the omicron variant confirmed in Michigan:

  • Detroit: 22 cases
  • Macomb County: 16 cases
  • Wayne County (excluding Detroit): 10 cases
  • Oakland County: 9 cases
  • Kent County: 5 cases
  • Genesee County: 3 cases
  • Ingham County: 3 cases
  • St. Clair County: 3 cases
  • Washtenaw County: 2 cases
  • Allegan County: 1 case
  • Livingston County: 1 case

While the omicron variant appears to be mild, it is considered highly contagious. Its symptoms can seem like those of a cold or the flu, so it is easy to confuse the virus with something else and potentially spread it.

If you cold symptoms, such as a sore throat, don’t self-diagnose – get a Covid test. 

Where to get a COVID-19 test

Covid tests can be found at pharmacies, doctor offices, and state facilities around Michigan.

Getting a test may be difficult, though. Some testing sites are dealing with staff shortages and limited supplies.

Emcura, an urgent care with locations in Bloomfield Township and Northville Township, has been short-staffed this week because workers are catching Covid.

The medical director at Emcura, Dr. Manish Kesliker, said the locations are running low on supplies needed to do PCR tests.

Find a Michigan COVID-19 test site here. 

MRA Update

Senate Bill 461 and Senate Bill 462 together would amend the Medical Marihuana Facilities Licensing Act to require as a condition for licensure that an applicant have a liability insurance policy meeting certain requirements and refer license applicants to the Marijuana Regulatory Agency instead of the Department of Licensing and Regulatory Affairs and the Medical Marihuana Licensing Board. 

Senate Bill 461 was sponsored by Sen. Curt VanderWall, R – Ludington, Senate Bill 462 was sponsored by Sen. Paul Wojno, D – Warren, and copies can be found here and here.  


ARTICLES OF POLITICAL INTEREST:

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Michigan schools, flights, businesses grapple with latest COVID-19 surge

Detroit lawmakers plan to challenge redistricting maps over racial fairness

Michigan parents have concerns as students return to in-person learning after holiday break


Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE
DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future! 


ARTICLES OF CANNABIS INTEREST:

10 cannabis industry trends to watch for in 2022

Marijuana Decriminalization Reduces Arrests And Racial Disparities In Law Enforcement, Study Finds

Michigan’s marijuana dispensary goes high-tech to provide bespoke customer experience

How Michigan marijuana regulators are trying to prevent a monopoly of dispensary chains

Michigan’s marijuana industry could see regulatory changes in 2022


Doing Things Differently

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best.

We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Dunaskiss.biz | 248.693.1391

Early December, 2021 Newsletter


62% Of Bonding Proposals Pass; 82% Of Money Asks

With 100% of the results from Tuesday’s election in statewide, 82% percent of the 130 tax proposals on Tuesday’s local election ballots succeeded while 18% failed. With results from DeWitt and other school districts now in, 21 of the 34 bonding proposals passed while 13 failed.

All 13 fire and/or EMS related proposals passed as did all nine proposed police or public safety-related proposals.
Luce County’s 1 mill, three-year renewal request to fund two sheriff’s deputies and their necessary equipment passed, but Otsego County voters rejected a 1.15 millage proposal to fund a new jail.

Road-related proposals in Lenawee County’s Raisin Township and Macomb County’s New Baltimore failed while 14 proposals throughout the state passed.

All four pest insect repellant proposals passed in rural Michigan. Both water infrastructure proposals in Pleasant Ridge and Gibraltar passed.

Libraries went two for five on Tuesday. An ambitious $9.1 million proposal in Oxford went down, as did a $412,000 ask in Ionia, but other proposals in Auburn Hills, Bath Township and Eastpointe were approved.

Forty of the 62 school-related proposals passed. DeWitt Public Schools saw an overwhelmingly positive response to its bond request, with 70.99% voting to pass it.

Marijuana-related proposals in Potterville, Clawson and Lapeer failed as did Detroit’s Proposal S and Rockwood’s Initiative Petition Amendment. Both would have changed the respective city’s charter.

In Ann Arbor, 73% of voters said yes to switching to ranked choice voting for future city elections.

Detroit voters said yes to having a Reparations Task Force to make housing and economic development program recommendations to address historical discrimination against the Black community in the city and to a city ordinance that decriminalizes the personal possession of magic mushrooms and other “entheogenic plants.”

In Petoskey, voters passed a proposed amendment to the city charter that amends the mayor’s term from one year to two years, and councilmembers from two years to three years beginning with terms effective Jan. 1, 2023. The change also continues annual city elections in November of each year, except in 2027 and every sixth year thereafter.

Citizens Will Automatically Receive AV Ballot  Applications Under House D Package

Absentee voter (AV) ballot applications will be automatically sent to Michigan residents by their local clerks no later than 75 days before an election under a bill announced today as part of a House Democratic legislative package.
With the support of Secretary of State Jocelyn Benson and Ingham County Clerk Barb Byrum, House Democratic lawmakers introduced a nine-bill package today at the Ingham County Courthouse. The package is aimed at protecting Michiganders’ right to vote.

A Rep. Tyrone Carter (D-Detroit) bill would require that clerks send AV ballot applications with postage prepaid return envelopes no later than 75 days before the election. A “Know Your Voting Rights” card will be included with the AV ballot application.

Rep. Matt Hall (R-Marshall) quickly sent out a statement on the House Democratic package, singling out the Carter bill.

“Many people I talk to in Calhoun (and) Kalamazoo counties expect and deserve an elections process that is secure so they can have faith in the results,” said Hall. “These bills miss the mark. In some cases, like the mass unsolicited mailing of absent voter ballot applications, they would only further contribute to issues that we saw in the most recent election.”

House Minority Leader Donna Lasinski (D-Scio Twp.) doubled down on mailing out AV ballot applications, as well as the entire package.

“Not only will we fight any attempt to make it harder for Michigan citizens to vote, but we are here to announce today a package of legislation that not only removes obstacles and hurdles, but makes our elections free, fair, and accessible for all,” she said.

Other legislation in the package includes:

– From Rep. Tullio Liberati (D-Allen Park): A requirement for the state to reimburse county and local clerks for postage costs related to mailing AV ballots and applications and their return envelopes.

– From Rep. Amos O’Neal (D-Saginaw): A requirement for ballots to be counted if received within 72 hours of the election and postmarked by election day.

– From Rep. Padma Kuppa (D-Troy): Allowing for overseas military members and their spouses to submit AV ballots electronically.

– From Rep. Karen Whitesett (D-Detroit): Removing the current prohibition on hiring transportation to take voters to the poll.

– From Rep. Matt Koleszar (D-Plymouth): Allowing AV ballots to be processed seven days before the election. It requires notice and daily delivery of open ballots to the board of election inspectors.

– From Rep. Mari Manoogian (D-Birmingham): Allow 16-17.5 year olds to pre-register to vote. Once they reach 17.5 years old, the clerk will transmit their registration to the master voter file. Proof of residence and proof of citizenship is required.

– From Rep. Kara Hope (D-Holt): Requirement for one secure AV ballot drop box per 20,000 people in each city or township. It must be emptied at least once per day. The costs will be reimbursed by the state.

– From Rep. Jim Haadsma (D-Battle Creek): Requirement for local clerks to maintain a permanent absent voter list.

Lasinski referenced legislation in states across the country that she says are aimed to limit the right to vote. “The attacks have been relentless across the nation,” she said. “But good news is, so are we.”

Byrum, was at the event even though she had only a few hours of sleep from the election the night before (and into the early hours of the morning).

“Clerks have been clear about what we need to improve our elections, the process, and to help make our elections even safer and more secure,” she said. “The Michigan Association of County Clerks and the Michigan Association of Municipal Clerks released a list of requested enhancements and updates to Michigan election law. These were ignored by the majority Republican caucuses, who chose instead to further election conspiracy theories, and introduce hurdles, legislative hurdles, to voting.”

In response to the House Democrats unveiling their own set of election bills after House Republicans did so earlier in the year, Benson didn’t consider this a different move – just a move in the right direction.

“This is actually lawmakers working with election administrators in responding to what we’ve been calling for all year and for years prior and for that I’m grateful,” Benson said. “And as our staff has tried to work with lawmakers on the other side of the aisle, and will continue to do that, we are proud that finally someone is listening to clerks and election administrators and voters about what we need. And we promise to stand with them and move forward.”

Asked if there had been any conversations with House Republicans on this bill package, Koleszar replied, “The chair of the elections committee, Rep. Ann Bollin (R-Brighton Twp.) and I, have had a lot of good conversations where I do think there is a lot of common ground we can find in this.”

Rep. Bollin responded to the package as a whole later in the day.

“Some of the ideas in this plan have merit, but so far none of the House Democrats have approached me to work collaboratively on them,” she said. “Other parts of the plan are clearly unworkable because they disregard important checks and balances that protect the integrity of our elections. This was nothing but a political stunt.”

Progress Michigan and Voters Not Politicians offered support for the House Democratic package.

Republicans Feel Midterm Momentum After NJ, VA Results

Michigan Republicans said Wednesday that the opportunity to unseat Governor Gretchen Whitmer next year is more real than ever after watching their party flip the governor’s seat in Democratic-leaning Virginia and come astonishingly close to doing the same in solidly Democratic New Jersey.

Political consultants in both parties said Tuesday’s results signaled that the 2022 midterms, already challenging for Democrats with their party controlling the White House and Congress, could potentially go worse than expected for them. Further, they said the victory of Republican Virginia Governor-elect Glenn Youngkin showed a path to statewide victory for a party still grappling with internal feuds and a decline in support from its old suburban base.

Consultants in both parties said the New Jersey and Virginia results – which have generally served as a signal toward the environment in the next year’s midterms – show Ms. Whitmer faces unusual danger to her reelection in a state where the governor has not lost a bid for a second term since 1962. They also noted Ms. Whitmer’s rapid moves toward the economy, bipartisan cooperation and vocal support for law enforcement and away from COVID-19 restrictions this year was a sign her team was aware of the shifting political terrain that showed up in Tuesday’s elections.

Perhaps most alarming to Democrats, several said, should be the bleeding of support their gubernatorial candidates experienced in suburban areas. Ms. Whitmer’s 2018 victory, as well as President Joe Biden’s in 2020, had suburban support as a key component.

“It’s no secret that those voters didn’t like President Trump. Just the same, they don’t like defunding the police and they don’t like being told they can’t have a say in what goes on in their kids’ schools,” Kristin Combs, a Republican who is co-founder and political director at Bright Spark Strategies, said. “I think (the Whitmer team) definitely sees it and I think they should be concerned. Because that’s the majority maker. Oakland, Kent County, those suburban areas, those win legislative majorities and those win statewide races.”

One of the elements that showed up in Virginia was that Mr. Youngkin brought out supporters of former President Donald Trump without Mr. Trump on the ballot and while walking a tightrope between the former president, who demands fealty and attention, and suburban voters, who turned on him and cost him the presidency.

In 2018, without Mr. Trump on the ballot, the occasional voters who showed up to back him in 2016 did not show up in the same numbers and Democrats won sweeping victories in Michigan and across the nation. There were doubts about whether those voters would show up in 2022 without Mr. Trump on the ballot. Tuesday’s results suggest they will in a big way. In many rural areas of Virginia, Mr. Youngkin topped Mr. Trump’s already big margins.

“Youngkin was able to thread this needle,” John Sellek, a Republican who is CEO of Harbor Strategic, said. “He figured out how to have Trump and the suburbs.”

Mr. Youngkin gave suburban voters who disliked Mr. Trump permission to vote Republican again, Mr. Sellek said.

Democrats said there are signs 2022 could be tougher than expected for their party.

“You could have 2010 again. I think that yesterday should be a strong signal to Democrats that there’s some downside risk to that happening,” Adrian Hemond of Grassroots Midwest, said, referring to the Republican tsunami that put them in charge of the entire state that year. “They need to do a hell of a lot better.”

Mr. Hemond said New Jersey and Virginia were instructive as to where Democrats are vulnerable. A huge emphasis from Republicans in Michigan and nationally has been on schools, and it’s clear parents want their children back in school despite the COVID-19 pandemic and playing sports without masks, he said.

Ms. Combs and Mr. Sellek said the comment from the Virginia Democratic candidate for governor, Terry McAuliffe, that parents should not have a say in curriculum at their children’s school was a huge moment that helped Mr. Youngkin win the race.

Mr. Sellek said he anticipated Republicans would press Ms. Whitmer on whether she agrees.

There will be a continued push from the GOP on supporting law enforcement and using the calls from some progressives to shift funding from police to other services against Ms. Whitmer. The governor has never embraced that idea and has made a point of emphasizing the need to fiscally support police.

Unlike 2020, when Ms. Whitmer was focused on COVID-19, she is now emphasizing more Michigan-specific issues that have the potential to broadly appeal to voters. This week, she called for a large refund from the Michigan Catastrophic Claims Association to auto insurance policy holders earlier than required.

“I think they’ll tell themselves that they were seeing what was happening in Virginia and acted accordingly months ago,” Mr. Sellek said. “They’re not going to suddenly pivot next week. They were already trying to.”

Mark Burton, an attorney with the Honigman firm, former member of the Whitmer administration and longtime Whitmer political confidante, said Ms. Whitmer is well positioned to mitigate the likely good national environment for Republicans in 2022.

“Michigan as a state in terms of its recovery will continue to produce wins on that front that she’s going to kind of continue to reap rewards from,” he said. “The election of ’18 is just different than 2022 is going to be. It’s the people in the middle. It’s the moderates on both sides and sort of those actual true independents, that kind of swath in the middle. I would continue to be hypersensitive to being an effective communicator with those voters and the issues they care about.”

The big x-factor is the Republican field. There are 12 candidates with committees set up though at this point there are three announced candidates who appear to be mounting credible campaigns: former Detroit police Chief James Craig, conservative commentator Tudor Dixon and Republican activist Garrett Soldano.

The field was the Whitmer campaign’s focus when asked about Tuesday’s election results.

“The Michigan GOP is grappling with a chaotic and divisive primary, with a dozen extremist candidates who are focused on false election fraud claims at the expense of attention on issues that matter to Michigan families,” spokesperson Maeve Coyle said. “By contrast, Governor Whitmer has a strong record of putting Michigan first – she made the largest investment in K-12 education in state history without raising taxes, moved dirt to fix the damn roads and fought to cut costs for hardworking Michigan families.”

Ms. Dixon said a “coalition of parents who feel they’re not being listened to by schools and political elites, and voters who wanted to make a statement about the socialist Democrats in Washington, D.C.” propelled Mr. Youngkin. She said she is positioned to capitalize on the same themes.

Mr. Craig tweeted “Michigan is next!” in congratulating Mr. Youngkin. He said voters rejected the Democratic Party’s agenda of “raising taxes, defunding police and indoctrinating our children through Critical Race Theory.” Republicans have turned Critical Race Theory into a huge issue to motivate their base though it’s not clear where, if anywhere, the concept is being taught in K-12 schools.

The GOP field is the unknown, several said. Can any of them capture what Mr. Youngkin did?

“We really don’t know,” Mr. Sellek said.

Gustavo Portela, spokesperson for the Michigan Republican Party, said Tuesday’s results send “a clear message to Gretchen Whitmer, Dana Nessel and Jocelyn Benson: No matter how much illegal money is injected into their campaigns, their days (of) lying to Michiganders and displaying a lack of transparency and accountability are numbered because voters will show them the door next year.”

Michigan Democratic Party Chair Lavora Barnes, however, highlighted Democratic wins in cities across the state, including some history-making wins with the first Arab American and Muslim mayors of Dearborn, Dearborn Heights and Hamtramck and the first Black mayor of Jackson.

“All politics are local and last night’s victories for Democrats across Michigan prove just that,” Ms. Barnes said in a statement. “I am thrilled to see so many people of color and women now elected to city councils and local boards. It is a start to having true representation of Michiganders on all levels of government. These big wins for Democrats send a clear message to supporters of the ‘Big Lie.’ We will no longer tolerate elected officials that continue to spin dangerous conspiracy theories and support lies about unfair and unsafe elections. I look forward to working alongside all of the Democrats elected yesterday to move Michigan forward.”

“The global dynamics are not favorable. However, it’s also true that candidates matter,” Mr. Hemond said. “The governor’s got a boatload of money and she’s got a ton of experience as a politician. She’s won statewide office. And that doesn’t appear to apply to any of her potential challengers.”


The Michigan House and Senate will be in session Tuesday, Wednesday and Thursday this week. Next week is “tentative” for the Legislature, so it is uncertain whether they will be in session or not.

House / Senate End of the Year Spending

  • Who needs to know: Local governments looking to replace aged infrastructure and recruit first responders
  • Potential impact: The Senate passed a spending bill that would increase funding for water-related expenses in Michigan, and the House passed a bill to increase funding for the recruitment and retention of first responders.

The Senate bill allocates more then $3 billion in supplemental funding for water infrastructure. The bill includes $1 billion for lead line replacement, $680 million for dam improvement, $400 million for Great Lakes Water Authority sewer and water upgrades, $250 million for Midland County dams, $100 million for PFAS remediation, and $86 million for water filters in schools. The plan anticipates allocating these dollars within existing programs that allow local governments to apply for project assistance.

The House bill spends nearly $370 million for first responder recruitment and retention efforts. Included in the proposal is a $57 million grant program to encourage officers to move to Michigan, $40 million in public safety academy assistance programs, $10 million for police officer bonuses and $10 million in volunteer fire department gear. The bill also includes $50 million for new school resource officers, in response to the shooting at Oxford High School last week.

Both spending plans received nearly unanimous support in their respective chambers and will now be negotiated with the administration. It is likely that both of these bills will be sent to Gov. Gretchen Whitmer by the end of the year.

Unemployment Agency Under Fire

  • Who needs to know: Businesses that pay into Michigan’s Unemployment Insurance Agency
  • Potential impact: Numerous legislative proposals are starting to take shape after widespread fraud was identified within the Michigan Unemployment Insurance Agency (UIA).

The UIA came under fire in a rare joint meeting of the House and Senate oversight committees. The joint committee meeting focused on the recently published Office of Auditor General (OAG) report that indicated that nearly 350,000 claimants “improperly” received almost $4 billion in assistance for which they weren’t eligible. The report cited a failure by the agency to adhere to federal guidelines, as well as internal deliberations that favored expediency in getting payments out over accuracy.

Most damning from the OAG report was a PowerPoint presentation by the UIA to the governor’s executive office. The presentation outlined pros and cons of making payments while establishing eligibility versus establishing eligibility then making payments. Listed as a benefit to paying claimants immediately was the “benefit” that any money paid in error “likely would not need to be reclaimed.” Committee members focused much of their time and attention on the issue that the administration knew mistakes were being made and made no effort to fix the problems.

In response to the ongoing UIA issues, legislators have discussed numerous statutory changes. A package of bills has already been introduced in the House and you should expect to see additional proposals in the near future.

Week Ahead:

  • The Utility Consumer Participation Board is meeting Monday.
  • Proposed Administrative Rule 2021-031 to address the Michigan Physician Orders for Scope of Treatment will have a public hearing on Monday.
  • The House Regulatory Reform Committee will meet on Tuesday to consider legislation regarding horse racing.
  • Proposed Administrative Rule 2021-069 to address commercial fertilizers will have a public hearing on Tuesday.
  • The Senate Finance Committee will meet on Wednesday to consider legislation that makes changes to the Tobacco Products Tax.
  • The House Health Policy Committee will meet on Thursday to discuss legislation dealing with lead poisoning.
  • The Michigan Certificate of Need Commission will meet Thursday.
  • The Marijuana Regulatory Agency meets on Thursday.
  • Proposed Administrative Rules 2021-003, 2021-076, 2021-077, dealing with electric and natural gas service, will have public hearings on Thursday.

ARTICLES OF POLITICAL INTEREST:

Democrats pass Joe Biden’s $1tn infrastructure bill after chaotic day

Build on Michigan’s proven public mental health system

4 months after no-fault law curbed medical costs, some providers say they’re struggling to get paid

Pipeline pile-on: Biden faces heat from Canada, Republicans, Michigan’s governor and the price of propane

Introducing the 100 Most Influential Women in Michigan


Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE
DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future! 


ARTICLES OF CANNABIS INTEREST:

In Michigan, Big Marijuana wants to crack down on caregivers who grow pot for patients at home

Suspension upheld for Michigan doctor who approved 22K medical marijuana certificates in year

SAFE Banking status: Q&A with marijuana industry ally US Rep. Ed Perlmutter

American Indian tribes turning to partnerships to cash in on marijuana business opportunities

Michigan Governor Signs Bill Ending Medical Marijuana License Ban For People With Past Convictions


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Dunaskiss.biz | 248.693.1391


Early November, 2021 Newsletter


62% Of Bonding Proposals Pass; 82% Of Money Asks

With 100% of the results from Tuesday’s election in statewide, 82% percent of the 130 tax proposals on Tuesday’s local election ballots succeeded while 18% failed. With results from DeWitt and other school districts now in, 21 of the 34 bonding proposals passed while 13 failed.

All 13 fire and/or EMS related proposals passed as did all nine proposed police or public safety-related proposals.
Luce County’s 1 mill, three-year renewal request to fund two sheriff’s deputies and their necessary equipment passed, but Otsego County voters rejected a 1.15 millage proposal to fund a new jail.

Road-related proposals in Lenawee County’s Raisin Township and Macomb County’s New Baltimore failed while 14 proposals throughout the state passed.

All four pest insect repellant proposals passed in rural Michigan. Both water infrastructure proposals in Pleasant Ridge and Gibraltar passed.

Libraries went two for five on Tuesday. An ambitious $9.1 million proposal in Oxford went down, as did a $412,000 ask in Ionia, but other proposals in Auburn Hills, Bath Township and Eastpointe were approved.

Forty of the 62 school-related proposals passed. DeWitt Public Schools saw an overwhelmingly positive response to its bond request, with 70.99% voting to pass it.

Marijuana-related proposals in Potterville, Clawson and Lapeer failed as did Detroit’s Proposal S and Rockwood’s Initiative Petition Amendment. Both would have changed the respective city’s charter.

In Ann Arbor, 73% of voters said yes to switching to ranked choice voting for future city elections.

Detroit voters said yes to having a Reparations Task Force to make housing and economic development program recommendations to address historical discrimination against the Black community in the city and to a city ordinance that decriminalizes the personal possession of magic mushrooms and other “entheogenic plants.”

In Petoskey, voters passed a proposed amendment to the city charter that amends the mayor’s term from one year to two years, and councilmembers from two years to three years beginning with terms effective Jan. 1, 2023. The change also continues annual city elections in November of each year, except in 2027 and every sixth year thereafter.

Citizens Will Automatically Receive AV Ballot  Applications Under House D Package

Absentee voter (AV) ballot applications will be automatically sent to Michigan residents by their local clerks no later than 75 days before an election under a bill announced today as part of a House Democratic legislative package.
With the support of Secretary of State Jocelyn Benson and Ingham County Clerk Barb Byrum, House Democratic lawmakers introduced a nine-bill package today at the Ingham County Courthouse. The package is aimed at protecting Michiganders’ right to vote.

A Rep. Tyrone Carter (D-Detroit) bill would require that clerks send AV ballot applications with postage prepaid return envelopes no later than 75 days before the election. A “Know Your Voting Rights” card will be included with the AV ballot application.

Rep. Matt Hall (R-Marshall) quickly sent out a statement on the House Democratic package, singling out the Carter bill.

“Many people I talk to in Calhoun (and) Kalamazoo counties expect and deserve an elections process that is secure so they can have faith in the results,” said Hall. “These bills miss the mark. In some cases, like the mass unsolicited mailing of absent voter ballot applications, they would only further contribute to issues that we saw in the most recent election.”

House Minority Leader Donna Lasinski (D-Scio Twp.) doubled down on mailing out AV ballot applications, as well as the entire package.

“Not only will we fight any attempt to make it harder for Michigan citizens to vote, but we are here to announce today a package of legislation that not only removes obstacles and hurdles, but makes our elections free, fair, and accessible for all,” she said.

Other legislation in the package includes:

– From Rep. Tullio Liberati (D-Allen Park): A requirement for the state to reimburse county and local clerks for postage costs related to mailing AV ballots and applications and their return envelopes.

– From Rep. Amos O’Neal (D-Saginaw): A requirement for ballots to be counted if received within 72 hours of the election and postmarked by election day.

– From Rep. Padma Kuppa (D-Troy): Allowing for overseas military members and their spouses to submit AV ballots electronically.

– From Rep. Karen Whitesett (D-Detroit): Removing the current prohibition on hiring transportation to take voters to the poll.

– From Rep. Matt Koleszar (D-Plymouth): Allowing AV ballots to be processed seven days before the election. It requires notice and daily delivery of open ballots to the board of election inspectors.

– From Rep. Mari Manoogian (D-Birmingham): Allow 16-17.5 year olds to pre-register to vote. Once they reach 17.5 years old, the clerk will transmit their registration to the master voter file. Proof of residence and proof of citizenship is required.

– From Rep. Kara Hope (D-Holt): Requirement for one secure AV ballot drop box per 20,000 people in each city or township. It must be emptied at least once per day. The costs will be reimbursed by the state.

– From Rep. Jim Haadsma (D-Battle Creek): Requirement for local clerks to maintain a permanent absent voter list.

Lasinski referenced legislation in states across the country that she says are aimed to limit the right to vote. “The attacks have been relentless across the nation,” she said. “But good news is, so are we.”

Byrum, was at the event even though she had only a few hours of sleep from the election the night before (and into the early hours of the morning).

“Clerks have been clear about what we need to improve our elections, the process, and to help make our elections even safer and more secure,” she said. “The Michigan Association of County Clerks and the Michigan Association of Municipal Clerks released a list of requested enhancements and updates to Michigan election law. These were ignored by the majority Republican caucuses, who chose instead to further election conspiracy theories, and introduce hurdles, legislative hurdles, to voting.”

In response to the House Democrats unveiling their own set of election bills after House Republicans did so earlier in the year, Benson didn’t consider this a different move – just a move in the right direction.

“This is actually lawmakers working with election administrators in responding to what we’ve been calling for all year and for years prior and for that I’m grateful,” Benson said. “And as our staff has tried to work with lawmakers on the other side of the aisle, and will continue to do that, we are proud that finally someone is listening to clerks and election administrators and voters about what we need. And we promise to stand with them and move forward.”

Asked if there had been any conversations with House Republicans on this bill package, Koleszar replied, “The chair of the elections committee, Rep. Ann Bollin (R-Brighton Twp.) and I, have had a lot of good conversations where I do think there is a lot of common ground we can find in this.”

Rep. Bollin responded to the package as a whole later in the day.

“Some of the ideas in this plan have merit, but so far none of the House Democrats have approached me to work collaboratively on them,” she said. “Other parts of the plan are clearly unworkable because they disregard important checks and balances that protect the integrity of our elections. This was nothing but a political stunt.”

Progress Michigan and Voters Not Politicians offered support for the House Democratic package.

Republicans Feel Midterm Momentum After NJ, VA Results

Michigan Republicans said Wednesday that the opportunity to unseat Governor Gretchen Whitmer next year is more real than ever after watching their party flip the governor’s seat in Democratic-leaning Virginia and come astonishingly close to doing the same in solidly Democratic New Jersey.

Political consultants in both parties said Tuesday’s results signaled that the 2022 midterms, already challenging for Democrats with their party controlling the White House and Congress, could potentially go worse than expected for them. Further, they said the victory of Republican Virginia Governor-elect Glenn Youngkin showed a path to statewide victory for a party still grappling with internal feuds and a decline in support from its old suburban base.

Consultants in both parties said the New Jersey and Virginia results – which have generally served as a signal toward the environment in the next year’s midterms – show Ms. Whitmer faces unusual danger to her reelection in a state where the governor has not lost a bid for a second term since 1962. They also noted Ms. Whitmer’s rapid moves toward the economy, bipartisan cooperation and vocal support for law enforcement and away from COVID-19 restrictions this year was a sign her team was aware of the shifting political terrain that showed up in Tuesday’s elections.

Perhaps most alarming to Democrats, several said, should be the bleeding of support their gubernatorial candidates experienced in suburban areas. Ms. Whitmer’s 2018 victory, as well as President Joe Biden’s in 2020, had suburban support as a key component.

“It’s no secret that those voters didn’t like President Trump. Just the same, they don’t like defunding the police and they don’t like being told they can’t have a say in what goes on in their kids’ schools,” Kristin Combs, a Republican who is co-founder and political director at Bright Spark Strategies, said. “I think (the Whitmer team) definitely sees it and I think they should be concerned. Because that’s the majority maker. Oakland, Kent County, those suburban areas, those win legislative majorities and those win statewide races.”

One of the elements that showed up in Virginia was that Mr. Youngkin brought out supporters of former President Donald Trump without Mr. Trump on the ballot and while walking a tightrope between the former president, who demands fealty and attention, and suburban voters, who turned on him and cost him the presidency.

In 2018, without Mr. Trump on the ballot, the occasional voters who showed up to back him in 2016 did not show up in the same numbers and Democrats won sweeping victories in Michigan and across the nation. There were doubts about whether those voters would show up in 2022 without Mr. Trump on the ballot. Tuesday’s results suggest they will in a big way. In many rural areas of Virginia, Mr. Youngkin topped Mr. Trump’s already big margins.

“Youngkin was able to thread this needle,” John Sellek, a Republican who is CEO of Harbor Strategic, said. “He figured out how to have Trump and the suburbs.”

Mr. Youngkin gave suburban voters who disliked Mr. Trump permission to vote Republican again, Mr. Sellek said.

Democrats said there are signs 2022 could be tougher than expected for their party.

“You could have 2010 again. I think that yesterday should be a strong signal to Democrats that there’s some downside risk to that happening,” Adrian Hemond of Grassroots Midwest, said, referring to the Republican tsunami that put them in charge of the entire state that year. “They need to do a hell of a lot better.”

Mr. Hemond said New Jersey and Virginia were instructive as to where Democrats are vulnerable. A huge emphasis from Republicans in Michigan and nationally has been on schools, and it’s clear parents want their children back in school despite the COVID-19 pandemic and playing sports without masks, he said.

Ms. Combs and Mr. Sellek said the comment from the Virginia Democratic candidate for governor, Terry McAuliffe, that parents should not have a say in curriculum at their children’s school was a huge moment that helped Mr. Youngkin win the race.

Mr. Sellek said he anticipated Republicans would press Ms. Whitmer on whether she agrees.

There will be a continued push from the GOP on supporting law enforcement and using the calls from some progressives to shift funding from police to other services against Ms. Whitmer. The governor has never embraced that idea and has made a point of emphasizing the need to fiscally support police.

Unlike 2020, when Ms. Whitmer was focused on COVID-19, she is now emphasizing more Michigan-specific issues that have the potential to broadly appeal to voters. This week, she called for a large refund from the Michigan Catastrophic Claims Association to auto insurance policy holders earlier than required.

“I think they’ll tell themselves that they were seeing what was happening in Virginia and acted accordingly months ago,” Mr. Sellek said. “They’re not going to suddenly pivot next week. They were already trying to.”

Mark Burton, an attorney with the Honigman firm, former member of the Whitmer administration and longtime Whitmer political confidante, said Ms. Whitmer is well positioned to mitigate the likely good national environment for Republicans in 2022.

“Michigan as a state in terms of its recovery will continue to produce wins on that front that she’s going to kind of continue to reap rewards from,” he said. “The election of ’18 is just different than 2022 is going to be. It’s the people in the middle. It’s the moderates on both sides and sort of those actual true independents, that kind of swath in the middle. I would continue to be hypersensitive to being an effective communicator with those voters and the issues they care about.”

The big x-factor is the Republican field. There are 12 candidates with committees set up though at this point there are three announced candidates who appear to be mounting credible campaigns: former Detroit police Chief James Craig, conservative commentator Tudor Dixon and Republican activist Garrett Soldano.

The field was the Whitmer campaign’s focus when asked about Tuesday’s election results.

“The Michigan GOP is grappling with a chaotic and divisive primary, with a dozen extremist candidates who are focused on false election fraud claims at the expense of attention on issues that matter to Michigan families,” spokesperson Maeve Coyle said. “By contrast, Governor Whitmer has a strong record of putting Michigan first – she made the largest investment in K-12 education in state history without raising taxes, moved dirt to fix the damn roads and fought to cut costs for hardworking Michigan families.”

Ms. Dixon said a “coalition of parents who feel they’re not being listened to by schools and political elites, and voters who wanted to make a statement about the socialist Democrats in Washington, D.C.” propelled Mr. Youngkin. She said she is positioned to capitalize on the same themes.

Mr. Craig tweeted “Michigan is next!” in congratulating Mr. Youngkin. He said voters rejected the Democratic Party’s agenda of “raising taxes, defunding police and indoctrinating our children through Critical Race Theory.” Republicans have turned Critical Race Theory into a huge issue to motivate their base though it’s not clear where, if anywhere, the concept is being taught in K-12 schools.

The GOP field is the unknown, several said. Can any of them capture what Mr. Youngkin did?

“We really don’t know,” Mr. Sellek said.

Gustavo Portela, spokesperson for the Michigan Republican Party, said Tuesday’s results send “a clear message to Gretchen Whitmer, Dana Nessel and Jocelyn Benson: No matter how much illegal money is injected into their campaigns, their days (of) lying to Michiganders and displaying a lack of transparency and accountability are numbered because voters will show them the door next year.”

Michigan Democratic Party Chair Lavora Barnes, however, highlighted Democratic wins in cities across the state, including some history-making wins with the first Arab American and Muslim mayors of Dearborn, Dearborn Heights and Hamtramck and the first Black mayor of Jackson.

“All politics are local and last night’s victories for Democrats across Michigan prove just that,” Ms. Barnes said in a statement. “I am thrilled to see so many people of color and women now elected to city councils and local boards. It is a start to having true representation of Michiganders on all levels of government. These big wins for Democrats send a clear message to supporters of the ‘Big Lie.’ We will no longer tolerate elected officials that continue to spin dangerous conspiracy theories and support lies about unfair and unsafe elections. I look forward to working alongside all of the Democrats elected yesterday to move Michigan forward.”

“The global dynamics are not favorable. However, it’s also true that candidates matter,” Mr. Hemond said. “The governor’s got a boatload of money and she’s got a ton of experience as a politician. She’s won statewide office. And that doesn’t appear to apply to any of her potential challengers.”


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Introducing the 100 Most Influential Women in Michigan


Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE
DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future! 


ARTICLES OF CANNABIS INTEREST:

In Michigan, Big Marijuana wants to crack down on caregivers who grow pot for patients at home

Suspension upheld for Michigan doctor who approved 22K medical marijuana certificates in year

SAFE Banking status: Q&A with marijuana industry ally US Rep. Ed Perlmutter

American Indian tribes turning to partnerships to cash in on marijuana business opportunities

Michigan Governor Signs Bill Ending Medical Marijuana License Ban For People With Past Convictions


Doing Things Differently

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best.

We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Dunaskiss.biz | 248.693.1391


Late October, 2021 Newsletter

 


Redistricting Commissioners Discuss Criticisms Ahead Of Public Hearings

Just days before the Independent Citizens Redistricting Commission begins a thrust into public hearings through the rest of October, select members of the body said Monday that they hear resident fears about their newly proposed legislative and U.S. House maps loud and clear and will do what is necessary to augment them based on public comment – as long as the changes requested comport to federal law and the constitutional criteria guiding the process.

However, commissioners present during a media Zoom call Monday said the process is and continues to be data-driven and that their mapping decisions have been based almost solely on input received from residents online and at in-person meetings and from a cadre of staff consultants. Furthermore, commissioners said they trust the advice of their consultants but are willing to challenge them because it was their job to do so.

Criticisms abounded once mapping began in late summer and increased since the body voted last week to release 10 maps for public hearings. The first hearing is scheduled for Wednesday at the TCF Center in Detroit.

Much of that criticism has been aimed at the partisan fairness metrics, with key groups on both sides of the political aisle arguing that the maps are not fair as drafted and could have better scores. Those groups have said a multitude of maps submitted to the commission online and in-person are better than those drafted by the body and should be considered as well. Chief among those detractors regarding partisan fairness is Voters Not Politicians and others who volunteered with the organization to pass Proposal 2 of 2018 to create the commission.

Another prime target of criticism has been the commission’s Voting Rights Act attorney, Bruce Adelson, and its racially polarized voting consultant, Lisa Handley, over their insistence that Michigan may not need majority minority districts in places like Detroit to comply with the federal act. Several have questioned the advice that has moved the commission to reduce the percentage of Black voters within districts across Detroit to in some cases less than 40 percent. The commission was told that these districts were previously packed with Democratic and Black voters by the GOP-led Michigan Legislature in 2011, and that they needed to be unpacked to meet muster.

Many onlookers balked at that advice as either being a misinterpretation or at least a poor interpretation of the Voting Rights Act. Last week, several members of Detroit’s legislative delegation gathered to say they were unimpressed by and skeptical of the proposed maps and that the commission’s decisions have diluted the Black vote. Several stakeholders have said that the maps have the potential for a white non-resident suburbanite being elected to represent one of the most highly concentrated Black cities in the nation.

Others have questioned the odd shapes of some districts, which on first blush appear to be as odd-looking as the allegedly gerrymandered districts found in the 2011 reapportionment.

Those concerns and more were addressed during Monday’s press call, with Vice Chair MC Rothhorn saying commission members hear them loud and clear.

As they weighed the top-ranked criteria in order – compliance with federal equal population and Voting Rights Act standards, communities of interest and then partisan fairness – commissioners said that some negated others in the pursuit to produce not only fair but compliant maps. On why the commission chose to continue drawing districts that appear spindly and remind some of classic examples of past gerrymanders, Chair Rebecca Szetela again said the shape of district mattered less than following the guidelines of the ranked criteria.

Mr. Rothhorn also said that those classic gerrymanders happened behind proverbial closed doors and smokey back rooms, and that this process has been driven by citizens and has been open and bare to the public, warts and all.

“We applied for this job but were randomly plucked out of our lives and put into this position to do this in a transparent way to draw these fair maps, and it is that process that is redistricting (now),” Mr. Rothhorn said. “It’s not done in a back room. It’s not done by professionals. We are citizens just like everyone else, and we’re not professionals, but we do have experts and a lot of data. … It’s not the shape of a district that makes a gerrymandered district, it’s the process.”

Regarding partisan fairness and communities of interest concerns, Mr. Rothhorn, Ms. Szetela and commissioner Doug Clark each said in different ways that partisan fairness was important but lower in the ranking of criteria laid out by the Constitution. It was, though, still top of mind heading into public hearings.

Voters Not Politicians officials said again in a press call last week that there were plenty of maps in the commission’s public comment portal that score far better on partisan fairness and do a better job of respecting communities of interest – some of which were busted up in the pursuit of Voting Rights Act compliance and greater degrees of partisan fairness.

When asked what kind of deference the commission would give those submitted maps over the ones it created, Ms. Szetela said if there was such a map out there that not only complies with all of the criteria and not just partisan fairness, they’d be more than happy to consider it.

“There are many criteria we have to meet and partisan fairness is quite a ways down on the list,” she said. “And so, we have to look at the other criteria first as well as partisan fairness.”

Asked about concerns over Mr. Adelson’s and Ms. Handley’s advice on majority-minority districts, Mr. Rothhorn said that advice was driven by past election data. Those analyses could change, however, once the commission receives real voter turnout data being collected by staff. The plan is to receive that data following the public hearings and to make necessary adjustments based on both inputs.

Mr. Rothhorn and Mr. Clark said they both trust the advice from Mr. Adelson and Ms. Handley despite the public outcry.

“I have the utmost respect for … Mr. Adelson and the advice he’s given us at this point,” Mr. Clark said.

During the press call that Mr. Clark, along with commissioner Anthony Eid, had challenged Mr. Adelson directly during a mapping meeting about the quality of his advice. When asked how Mr. Clark could in one breath express doubt about the advice and then say he was completely comfortable with it, he said it was his job to challenge any suggestion by consultants in any given situation.

“It’s our job to … get a better explanation from and it’s our job to challenge Dr. Handley on the partisan fairness and the other advice she’s given us,” he said. “I look at that as: We’re doing our job.”

In preparation for the public hearings, Michigan State University’s Institute for Public Policy and Social Research drafted a report analyzing each of the maps to be presented to the public for the state House, Senate and U.S. House.

Among its findings, the report notes that many of the commission’s maps score appropriately on the metrics associated with the constitutional criteria.

However, the report asks commissioners to, among other concerns, reevaluate the approach to complying with the VRA to ensure Black voters can elect candidates of choice.

The institute also asks commissioners to repair some census blocks that remain unassigned to districts; identify and follow a more systemic way of choosing communities of interest (rather than following generic requests or public comments); and to embrace a broader set of partisan fairness metrics that incorporate comparisons against the full universe of potential maps.

The Next COVID-19 Debate: Vaccinating Your Kids

The President Joe Biden administration announced today it stockpiled 28 million COVID-19 vaccines for kids 5 to 11 and word could come from federal regulators as early as Nov. 2 on whether that is a go.
Assuming it is, it has already touched off yet another contentious debate in the citizenry on whether vaccinating kids for COVID-19 is a wise idea.

For Ingham County Health Officer Linda Vail this is personal.

“I have a 7-year-old granddaughter, and I am ecstatic over the fact that she can be vaccinated,” she glowed.

Not sharing the same glow is the other side of the debate expressed by Tudor Dixon, mother of four and Republican gubernatorial candidate.

“I’m going to wait to see if I vaccinate my children. I want to wait and see what the vaccine does in the next several years,” she said.

The Biden White House wants this program, but the Centers for Disease Control and Prevention (CDC) and Food and Drug Administration (FDA) have the final word.

Regardless of what those federal regulators conclude, Dixon has talked with her “doctor friends who have said the children are not in a crisis. The children are not dying from this and they have low levels of the virus. They are not necessarily spreading the virus.”

To this, Vail countered that while kids may not be getting ill, if they carry the virus they could transmit it to older adults.

“When we continue to get more and more people vaccinated in that age group, it contributes to the overall immunity that we have in our community. It can do nothing but help,” she concluded.

Suffice it to say, as with everything else about how to fight COVID-19, unanimity is not to be found.

Advocacy Group Calls On DIFS To Reevaluate Auto Insurance Refunds

The consumer advocacy group CPAN is calling on Department of Insurance and Financial Services Director Anita Fox to investigate whether auto insurance premium refunds are owed to drivers.

Doug Heller, insurance expert with the Consumer Federation of America, said the CFA found auto insurance rates were still being based on 2019 expectations, essentially becoming excessive overnight.

“I think everybody knows that when you’re stuck at home because of the pandemic, the risk of causing an accident has fallen dramatically,” Mr. Heller said. “However, you couldn’t completely get rid of your insurance because you still needed to go to supermarket at least once a week. You can’t drop it.”

A study from the National Highway Traffic Safety Administration found that by the first half of 2020, miles traveled by vehicle was down 17 percent nationally. People drove roughly 264.2 billion fewer miles compared to the first half of 2019.

DIFS and Governor Gretchen Whitmer ordered state auto insurers to issue refunds or premium waivers to consumers May 28, 2020, and a second order was issued June 8, 2020.

Laura Hall, DIFS director of communications, said DIFS regularly continues to review the costs versus premiums, checking if drivers should receive more money back.

“We issued our orders to quickly provide relief to drivers and ensure all insurers were consistently issuing appropriate refunds or premium waivers to their customers,” Ms. Hall said. “In our regular regulatory oversight, we continue to review insurers’ costs versus the premiums they receive and determine if larger refunds or rate reductions are appropriate.”

Ms. Hall said insurers submitted formal reasonings for their refunds.

“Those orders resulted in nearly $95 million going back to Michigan drivers in the form of direct premium refunds, credits, and payment accommodations,” Ms. Hall said. “In those filings, insurers were required to actuarily justify the refunds issued.”

In a statement, Erin McDonough, executive director of Insurance Alliance of Michigan, said their members have assisted policyholders during the pandemic.

“Our members stepped up throughout the COVID-19 pandemic by providing significant premium refunds to drivers, offering payment relief, suspending policy cancellations, waiving fees and extending some coverages — all to support their customers who were facing economic hardship,” Ms. McDonough said.

Ms. McDonough said CPAN should focus on their own members and consider refunding drivers for medical costs under the previous mandatory unlimited personal injury protection system. CPAN members include several medical and consumer groups, including Spectrum Health System and Brain Injury Association of Michigan.

“If CPAN is so concerned about customers receiving rebates, perhaps their members should consider refunding drivers across the state for decades of overcharging,” Ms. McDonough said. “After all, prior to the implementation of a medical fee schedule, it was their overcharging and overutilizing procedures that drove up the cost of auto insurance in Michigan to the highest in the nation. According to a Citizens Research Council report on the medical costs of no-fault insurance, medical claims in Michigan cost 57 percent more than claims for similar crashes in other states.”


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Michigan Legislature launches probe into Benton Harbor water crisis


Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE
DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future!


ARTICLES OF CANNABIS INTEREST:

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Doing Things Differently

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best.

We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

Dunaskiss.biz | 248.693.1391

 

Early October, 2021 Newsletter


Redistricting Holds Surprise Vote To Publish Lone Senate Map

A single Senate map was approved for publication by the Independent Citizens Redistricting Commission on a 5-4 margin Friday, catching many watching the meeting off guard as a vote was not listed on the agenda nor was it in line with an established process document that prescribed map votes be held next week.

It was also cast with just nine of 13 commissioners present, further raising some eyebrows.

A copy of the approved plan is available on the commission’s mapping portal, including previous iterations of the plan and various alternates.

While the approved Senate map met muster with the Voting Rights Act and federal equal population standards and had palatable partisan fairness scores, the map splits up several communities of interest throughout the state, setting it up for possible opposition in a slate of public hearings scheduled for later this month.

Partisan fairness being top of mind for those following closely, the scores for the finished Senate map show it favors the GOP in several measures except one. The map has a lopsided margin of 4.5 percent GOP, with a mean-median score of 2.7 percent and an efficiency gap of 3.2 percent for Republican candidates.

However, the map overall has a seat-to-vote share score of 0.3 percent in favor of Democratic Party candidates and has the potential to elect 20 Democrats and 18 Republicans to the Senate, according to past elections data fed through the scoring matrix.

While Friday’s vote was a big step forward for the commission, culminating the near-completion of its mapping work, it was not without controversy.

Votes on the commission’s various plans had been planned for Tuesday per a process document the commission had previously voted to approve, but Commissioner Dustin Witjes on Friday made a motion to suspend the process and hold a vote because there was not much more the body could do with the Senate map as it was compliant with key constitutional criteria, according to the commission’s consultants.

Some balked at the motion as the meeting had a razor-thin quorum of just nine among 13 commissioners present. Of note, Commissioners Juanita Curry, Brittni Kellom (both representing Detroit), Erin Wagner and Rhonda Lange were absent. Ms. Lange had been involved and made map changes in the morning session but left after noon. Ms. Kellom eventually joined the meeting but after the vote had been cast.

Aside from complaints about moving forward without the full weight of the commission, others said they were uncomfortable voting out of sync with the process document – which has, like other aspects of the process, changed several times over the past few months – and with so few commissioners present to voice concerns.

Mr. Witjes, a Democrat, voted in favor of his motion along with commissioners Janice Vallette (I), Cynthia Orton (R), Richard Weiss and Doug Clark (R). Per the commission’s rules, at least one Democrat, one Republican and one unaffiliated commissioner must be a part of a majority vote to approve maps.

Chair Rebecca Szetela, Vice Chair MC Rothhorn, commissioners Steve Lett and Anthony Eid – each unaffiliated with either party – voted no. Mr. Eid later clarified on Twitter that he only voted no because the motion bucked established procedure. Had Mr. Witjes’s motion landed on Tuesday, Mr. Eid said he would have supported it because he liked the map overall.

No other votes on maps were cast and the commission spent most of its time afterward cleaning up plans for the state and U.S. House.

In all, the commission agreed through consensus that it would consider three state House plans and five U.S. House plans on Monday.

Votes cast next week would officially wrap up the first phase of draft mapmaking, but commissioners said they were confident that their work to tinker with a few outstanding issues on the maps was over with at the end of Friday’s session.

Approval for publication before public hearings is only one step of the map approval process, and the vote that occurred Friday and others planned early next week were far from final. The commission will have a chance to make changes following five public hearings before taking another vote to initiate a 45-day public comment period.

After that, the commission will vote to adopt final maps starting on December 30, the first day they are legally allowed to do so.

Lobbyist Becomes Focus of Caregiver Hearing

The chief lobbyist advocating for legislation that shifts marijuana caregivers into a regulatory market unwittingly took centerstage at today’s first committee hearing on the bills.

Opponents to HB 5300, HB5301, HB5302, lampooned Steve Linder on a rolling billboard that portrayed the executive director of the Michigan Cannabis Manufacturers Association (MCMA) as both Dr. Evil and Mini-Me from the Austin Powers movies.

“One Billion Dollars!” reads the billboard. “Vote no on Linder’s monopoly bills . . . Michigan Representatives, don’t fall for Steve Linder’s lies!”

Linder referenced the billboard — a tactic he’s used against caregivers in the past — in his testimony to the House Regulatory Reform Committee by saying he’d “left his Dr. Evil suit at home.”

But when Rick Thompson, executive director of Michigan NORML, made a reference to “Evil Steve” in his testimony, Committee Chair Roger Hauck (R-Mt. Pleasant) gaveled him down and asked him to stick to the merits of the legislation.

“He called himself ‘Evil Steve,” Rep. Hauck, right?” continued Thompson, before he let his disgust for the “big bucks” that hired Linder, attorney Shelly Edgerton, and the public relations team in the committee get the better of him.

“That was big dollars today that testified,” he said. “The two polls they conducted, too. That was big dollars. Plus, the dog and pony show that we saw here today . . . “

Hauck shut down Thompson at that point and moved on to the next witness. Shortly after the hearing, opponents to the bills heckled Linder personally, calling him a “bitch,” among other things. The House sergeants ended up giving the lobbyist an escort to a back staircase, which he used to exit the building.

Asked for a comment later, Linder said, “They really did their side proud.”

The lead sponsor of the legislation, Rep. Jim Lilly (R-Park Twp.), added, “Any time you make an issue about a person, you’re probably not on the right side of the issue . . . even if it is against Steve Linder,” he added with a smile.

Scott Hagerstrom, who is advocating for the Michigan Caregivers Association (MCA), acknowledged that his members were passionate in their approach to defeating the bills and he expects opponents to be more composed at the next hearing.

His members are growing medical marijuana for a small group of patients and these bills would force them to become a business and adhere to the same testing requirements as “Big Weed.”

They resent the “Cannabis Cartel” coming in with their big bucks and trying to wow legislators on a fancy presentation designed to make out caregivers as scofflaws who give questionable quality marijuana to sick patients and sell their excess on the black market.

“Many lawmakers seem to believe that bills like HB 5300, HB 5301 and HB 5302 are to help public safety,” said MCA founder George Brikho. “They have been deceived by dishonest and slimy lobbyists like Steven Linder. We will show them the light, or, if they refuse to do the right thing, make sure their constituents in their districts know about it.”

The bills are the first serious attempt to change the government oversight of medical marijuana caregivers, which was created through a 2008 ballot initiative.

Currently, marijuana growers can grow up to 12 plants for each of their five patients. The bills would drop that number to one patient. Since it’s amending a ballot initiative, it would need three-quarters support from both the House and Senate.

Today’s hearing went more than the allotted 90 minutes. No vote was taken and further hearings are expected.

Schroeder Remembered For Kindness, Determination In Face Of Cancer

Rep. Andrea Schroeder’s death Friday at the age of 57 saddened a Capitol that admired her will to continue serving despite being diagnosed with an aggressive form of cancer before she even took office.

First diagnosed in August 2018 – days after winning a tough Republican primary in the open 43rd District – Ms. Schroeder (R-Independence Township) still won election, took office and served while undergoing treatment. About two weeks ago, on September 14, Ms. Schroeder announced she was undergoing treatment for a recurrence of the cancer. She voiced optimism.

“Even in the worst days of her illness, Andrea Schroeder was a tireless and selfless friend who always put the needs of others before her own,” House Speaker Jason Wentworth(R-Farwell) said in a statement. “When we were all worried about her health and her comfort, she was more concerned about helping the people she represented who had called into the office, finding out what was going on in each of our lives, sharing the latest news about her children, working with the close staff for whom she cared so much, and helping everyone around her succeed with their own personal priorities. That’s who she was as a person right from the start, and that is exactly how I will remember her.”

In the relatively safe Republican central Oakland County seat, her general election victory was mostly assured. Four years earlier, Ms. Schroeder had lost a heartbreaker to Jim Tedder for the open seat as he took 3,007 votes in the Republican primary to her 2,846.

The member of the Independence Township Board of Trustees then found out days after her August 2018 victory she had been diagnosed with an aggressive form of stomach cancer. 

Unable to bear the thought of “getting pitying looks everywhere,” Ms. Schroeder told the Free Press for that story that she and her husband decided only to tell their three children and her parents.

Eventually, in early 2019, Ms. Schroeder was to undergo surgery and notified then-House Speaker Lee Chatfield and her own staff. In March, she went public with her diagnosis and recent surgery.

Born in Detroit, Ms. Schroeder earned her bachelor’s degree from Miami University. She started her career as a kindergarten teacher but then moved into the business world with roles at Oakwood Worldwide, Knowledge Management Group and Blackford Capital while also a partner at Strategic Five Business Solutions. She was a graduate of Michigan State University’s Michigan Political Leadership Program in 2006.

She won her first election in 2012 to the Independence Township board. After losing the 2014 race to Mr. Tedder for the House, she won another term on the township board. Then she got another crack at the House in 2018 when Mr. Tedder ran for the area’s Senate seat. She won a somewhat acrimonious Republican primary. In both 2018 and 2020, there was some thought that the shift of Oakland County toward the Democrats could put her seat in play, but she still won comfortably.

While in the House, Ms. Schroeder sponsored six bills that became law, including ones that waived licensing fees for military veterans and service members and their dependents who hold an out-of-state license; required a suicide prevention hotline telephone number on student identification cards and one of the bills in the school reopening package from late summer 2020.

She put considerable work into the suicide prevention hotline bill.

Ms. Schroeder’s legislative colleagues recalled her kindness and determination. Sen. Mallory McMorrow (D-Royal Oak) posted on Twitter that Ms. Schroeder once showed up to a roundtable she was hosting in Berkley, far from Ms. Schroeder’s district, “unannounced, just to listen.”

Former Rep. Lynn Afendoulis, who served with Ms. Schroeder during the 2019-20 term, said she was heartsick at the news.

“Rep. Schroeder fought cancer with grace and strength, even as she served,” she tweeted. “She was a thoughtful & hardworking representative of her district & a good colleague in the House. May her family and all those who loved her find comfort and may her memory be eternal.”

Ms. Schroeder was generally seen as interested in passing legislation and working with others. She was not someone looking to pick partisan fights or gain partisan attention.

Rep. Matt Koleszar (D-Plymouth) said as the Democratic whip, he had the opportunity to work closely with Ms. Schroeder, the Republican whip, and get to know her.

“Working well together, across the aisle, to advance legislation was important to both of us and a point of pride. To say she will be missed is an understatement,” he tweeted.

Rep. Samantha Steckloff (D-Farmington Hills), who also has faced cancer, tweeted that “watching Rep. Schroeder at work will have a lifetime impact on me.”

Michigan Republican Party Chair Ron Weiser said Ms. Schroeder had a passion for education and the state’s students.

“I am heartbroken to learn of the passing of State Rep. Andrea Schroeder, following a long and hard-fought battle with stomach cancer. She worked tirelessly for her constituents while facing a struggle most of us cannot even begin to comprehend,” he said in a statement. “She was a fearless advocate for our children and leaves behind an incredible legacy.”

Andrew Schepers, government relations director in Michigan for the American Cancer Society Cancer Action Network, said Ms. Schroeder was “the epitome of a true fighter” and will be missed.

“She continued to work hard for those in the 43rd District while undergoing treatment for a reoccurrence of her cancer. She was the truest example of a servant leader in Michigan,” he said in a statement. “Rep. Schroeder was a co-chair for Michigan’s legislative Cancer Caucus. She wanted to ensure that the issues that cancer patients face don’t fall to the wayside. She also wanted to make sure that those who were in their fight against cancer would be able to conquer their battle.”

When Ms. Schroeder spoke to the Free Press in late 2019, she was cancer-free.

“My body keeps trying to kill me, and I’m like, ‘You’re not done yet,’ she said. “… Am I doing what I’m supposed to be doing with whatever amount of time I have left? Just like everybody else, nobody knows about tomorrow. Maybe this is it. … I have a platform to make people aware. Maybe that’s the whole purpose of it. … Because now I have a platform for this.”


ARTICLES OF POLITICAL INTEREST:

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Michigan Republicans replace local election officials in ‘unprecedented’ trend


Marijuana News, Updates, & Articles of Interest

THE DCD MARIJUANA TEAM:  YOUR COMPETITIVE EDGE
DCD continues to exist as the premier resource helping municipalities navigate the waters of cannabis policy. We would be more than happy to answer any questions you may have regarding medical or recreational cannabis policy, procedure, and more. DCD is available for presentations to municipal boards, for one-on-one meetings, and for consultations.

We are here to help you with: municipal lobbying, license application writing and assistance, business plans, state required operations manuals and compliance, facility design, corporate structure, and design and branding. 

We are experts in both medical and recreational cannabis policy and have been in the space for over ten years.  We welcome any opportunity to work with you in the future! 


ARTICLES OF CANNABIS INTEREST:

Michigan’s largest cannabis retail towns reflect history, culture — and strategy

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Why is so much weed being smuggled from Canada, where it’s legal, to Michigan, where it’s also legal? 

Prospect of federal marijuana legalization doesn’t have everyone in Michigan industry jumping for joy

Michigan changing regulations for THC products and limiting sales


Doing Things Differently

DCD is rebranding, and our bottom line is your bottom line. We are striving to create and foster strong relationships with clients and lawmakers, deliver results with strong ethics and class, but above all else, out-hustle and out-smart our competition every day to be the very best.

We’re making chess moves while others are playing checkers. Everything we do is with you in mind, we’re doing things we’ve never done before and aggressively pursuing opportunities. The time is now. DCD has taken our firm to the next level and your involvement and investment paired with our knowledge and expertise is going to launch the great state of Michigan forward.

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