LISTEN TO JACK HALL’S INTERVIEW WITH CASPERSON FROM FRIDAY, BEFORE THE VETOES WERE ISSUED
Governor Rick Snyder on Friday vetoed legislation that would have required the state to pay the legal costs of citizens who sue the State of Michigan, and wins. The legislation was sponsored by Upper Peninsula state senator Tom Casperson, who argued that such legislation would make state departments less-likely to bully people into court, knowing that the average citizen doesn’t have the resources to fight it, even if that citizen wins. Casperson says the state departments have too much power, but in his veto letter, Snyder said that it is well-established that those who go into court pay their own legal expenses.
SBs 100-101, sponsored by Casperson and Sen. Dave Robertson, respectively, would have removed certain restrictions on recovery of costs and fees in action involving this state and exempts parole hearings from the administrative procedures act and makes general revisions to contested case provisions. In his veto letter, Snyder wrote that the legislation could create legal uncertainty considering it contains a substantially justifiable standard coupled with a clear and convincing standard, which neither federal law nor other state laws contain.
The governor also vetoed another of Casperson’s bills that passed both the House and Senate.
SB 1198 would have removed the sunset on the prohibition of telemedicine examination prior to a physician diagnosing and prescribing a medical abortion. In hisveto letter, Snyder wrote that providing patients with the ability to remotely receive safe and proper medical care, at a time-sensitive period for the patient, is significant. It was with this in mind that the bill was returned without signature.
These were the second and third bills of Casperson’s that the governor vetoed this week, after also vetoing the Escanaba Republican’s legislation that would have allowed the owners of billboards near state highways more leeway in removing vegetation that grows near their billboards.
In addition to vetoing Casperson-authored legislation, Snyder also vetoed more than three dozen other bills on Friday:
HB 6485, sponsored by state Rep. Triston Cole, would have clarified exemptions of income and expenses of producing oil and gas. In his veto letter, Snyder wrote that tax reforms in recent years have sought to eliminate tax deductions and loopholes that resulted in unfair benefit for some taxpayers. This bill would run contrary to that objective.
SB 362, sponsored by state Sen. Darwin Booher, would have amended the Financial Institution Tax Act to revise the apportionment formula for a financial institution with respect to gross business attributable to the foreign business of a controlled foreign corporation. In his veto letter, Snyder wrote that the legislation represents a significant departure from the tax policy practices that have allowed Michigan to return to solid financial footing.
SB 1097, sponsored by state Sen. Jack Brandenburg, would have decoupled state interest expense deductions from federal limitations. In his veto letter, Snyder wrote that the bill proposed amendments in a manner inconsistent with the sound budgetary practices this administration has followed during the past eight years.
SB 1170, sponsored by state Sen. Dave Hildenbrand, would have allowed certain taxpayers who are members of a flow-through entity to claim a corporate income tax credit. In his veto letter, Snyder wrote that this substantial change to the state tax code was passed in a short period of time and that the implementation of a brand-new tax in such a limited time is inappropriate given the significance of such a change, and the risk of IRS action.
SB 304, sponsored by state Sen. Joe Hune, would have removed the sunset on the cap of 50 cents per cigar tax. In his veto letter, Snyder wrote that it is appropriate to maintain the current expectation for expiration of the cap on October 1, 2021 and return the tax to 32% of the wholesale price.
HB 4081, sponsored by state Rep. Tom Barrett, would have provided for general amendments to bingo and charitable gaming millionaire parties. In his veto letter, Snyder wrote that this legislation would undermine the work the Michigan Gaming Control Board has done over the past six years and return millionaire parties to an underregulated market ripe with potential for fraud and abuse.
SB 35, sponsored by state Sen. Rick Jones, would have provided for general amendments to bingo and charitable gaming millionaire parties. In his veto letter, Snyder wrote that this legislation would undermine the work the Michigan Gaming Control Board has done over the past six years and return millionaire parties to an underregulated market ripe with potential for fraud and abuse.
HBs 4926-4928, sponsored by state Reps. Brandt Iden and Klint Kesto, would have allowed and regulated internet gaming, and enacted guidelines for violation of the lawful internet gaming act. In his veto letter, Snyder wrote that he is vetoing these bills largely due to unknown revenue implications and believes more study and comparison with other states is necessary before authorizing online gambling.
HB 5881, sponsored by state Rep. Brandt Iden, would have provided for general amendments to the Michigan gaming control and revenue act. In his veto letter, Snyder wrote that since this bill was tie-barred to HB 4926, which he previously vetoed, this bill cannot take effect.
HB 4611, sponsored by state Rep. Dan Lauwers, would have amended the Horse Racing Law of 1995. In his veto letter, Snyder wrote that this bill was tie-barred to HB 4926 which he previously vetoed and therefore it cannot take effect.
HB 6420, sponsored by state Rep. Brandt Iden, would have created the fantasy contests consumer protection act to regulate betting on fantasy sports in Michigan. In his veto letter, Snyder wrote that he does not believe this legislation would accomplish positive results for Michigan and therefore is returning it for approval.
SB 721, sponsored by state Sen. Darwin Booher, would have amended statute pertaining to sand dunes protection and management. In his veto letter, Snyder wrote that allowing large-scale contour changes proposed by the legislation is not protective to the dune ecosystem. Further, it would provide opportunities to degrade, erode and destabilize critical dunes, which is what this statute was originally enacted to protect.
SB 1040, sponsored by state Sen. Hoon-Yung Hopgood, would have expanded the definition of historical vehicles to include certain military surplus vehicles. In his veto letter, Snyder wrote that vehicles which were never manufactured or intended for on-road passenger use could be registered and permitted on public streets and roads and he does not believe that is appropriate.
SB 1249, sponsored by state Sen. Dave Robertson, would have changed the Code of Criminal Procedure to set a five-year statute of limitations on indicting an individual for committing a violation of the Campaign Finance Act. In his veto letter, Snyder wrote that the Code of Criminal Procedure currently provides that an indictment may be filed within six years of a crime being committed. Shortening the statute of limitations to five years results in minimal to no functional change.
HB 5143 and 5680, sponsored by state Rep. Tom Barrett, would have modified the exemption for alternative energy personal property and excluded placement of solar panels on residential real property from assessment of true cash value. In his veto letter, Snyder wrote that HB 5143 included several technical issues it failed to resolve including differential treatment based on the effective date of the bill. Although HB 5680 was more straightforward and acceptable, due to the tie-bar, it too was returned without approval.
HB 5634, sponsored by state Rep. Julie Alexander, would have eliminated prohibitions on window tinting and obstruction of a driver’s vision. In his veto letter, Snyder wrote that the bill would have increased the potential risk of harm to law enforcement personnel, particularly when approaching a vehicle during traffic enforcement stops by making it more difficult for law enforcement personnel to view a vehicle’s interior and contents, including the number and location of occupants inside the vehicle.
HBs 5916 and 5917, sponsored by state Rep. Hank Vaupel, would have clarified pet shop regulations in the sale of dogs and prohibited local governments from enacting or enforcing an ordinance, policy, resolution or rule regulating a qualified pet shop. In his veto letter, Snyder wrote that any concerns these bills might have addressed are manifestly local in nature and local officials should be afforded the discretion to address them.
HB 6205, sponsored by state Rep. Dan Lauwers, would have modified the Animal Industry Act. In hisveto letter, Snyder wrote that language was added at the last-minute that was already vetoed in Senate Bill 660, so House Bill 6205 is being vetoed for the same reason.
HBs 6206-6210 and 6211-6214 and 6216 would have modified the Animal Industry Act. In his veto letter, Snyder wrote that since these bills were all tie-barred to House Bill 6205, which he previously vetoed, none of the bills would take effect.
HB 6499, sponsored by state Rep. John Reilly, would have increased the number of children receiving care at certain child care institutions. In his veto letter, Snyder wrote that increasing the capacity and concentration of fostered youths would negatively impact the goals of providing foster youth care.
HBs 6549 and 6550, sponsored by state Rep. Bronna Kahle, would have exempted certain aviation equipment from sales tax and use tax. In his veto letter, Snyder wrote that he vetoed identical legislation on Oct. 16, 2018 and is therefore vetoing this legislation again.
SB 822, sponsored by state Sen. Mike Shirkey, would have clarified that memorandums of understanding stay intact beyond the term of a governor. In his veto letter, Snyder wrote that while the aim of the legislations appears to be a noble purpose, which is transparency, it also has the potential to lead to more routine legislative encroachment into regulating the activity of future governors.
HB 6553, sponsored by state Rep. Rob VerHeulen, would have created the right for the Legislature to intervene in any court proceeding. In his veto letter, Snyder wrote that he believes the current process has worked well to ensure the Legislature’s position is considered. He also considered that if this legislation were in place during his term as governor, it would have limited his office’s ability to coordinate and manage the defense of the state in lawsuits.
SB 1176, sponsored by state Sen. Mike Shirkey, would have prohibited the disclosure of certain donor information. In his veto letter, Gov. Snyder wrote that the broad prohibitions in this bill will impair the executive branch’s ability to protect donors. In addition, he wrote that he believes this legislation is a solution that is in search of a problem that doesn’t exist in Michigan.
