Farrington Claim Denied

Republican candidate Diana Farrington’s attempt to remove Democrat Michael Notte from the ballot was denied by the Court of Claims. Ms. Farrington claimed Mr. Notte did not reside in the district long enough prior to the filing date.

The complaint was filed against the Department of State and the Board of State Canvassers in the Court of Claims. Judge Cynthia Stephens in her opinion agreed with the Department of State that Ms. Farrington should have filed against the Macomb County clerk as the district in question is entirely contained in Macomb. It is the county’s responsibility to take charge of the affidavit of identity and printing ballots for the district. Judge Stephens added the timing of the complaint left too small a time frame to make a decision with ballots being printed in the next few weeks.

In response, Ms. Farrington refiled the residency challenge in the Macomb County Circuit Court, however the court is not scheduled to hear the case until September 6, three days prior to the ballot finalization.

posted by PAA Online , Thursday, September 1, 2016 10:08 AM
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Autonomous Vehicle Legislation

The Senate Economic Development and International Investment Committee approved several bills to modernize guidelines for driverless vehicle research and operation within Michigan law on Wednesday.

SB 995, SB 996, SB 997, and SB 998 were discussed during a hearing held at Nexteer Automotive in Saginaw. The package permits companies to operate a driverless vehicle on public roads as long as an operator can control and supervise the vehicle, and authorizes the development of the American Center for Mobility at the Willow Run Bomber Plant in Ypsilanti. The bills also require standards for the vehicles and data collection/feedback from crashes of vehicles in a fleet for further research.

Committee chair Senator Ken Horn (R-Frankenmuth) commented that Michigan has always been known for its automotive research and development, and pioneering in autonomous vehicles will help retain that reputation.

posted by PAA Online , 10:07 AM
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State Board Nominations

Both the Michigan Republican Party and the Michigan Democratic Party announced their nominations for the State Board of Education last Saturday.

The Michigan Republican Party Convention was held on Saturday at DeVos Place Convention Center in Grand Rapids and overall was considered a quiet convention. Former Representative Tom McMillin and Nicolette Snyder were selected as the GOP nominations for the State Board of Education. Mr. McMillin was strongly against Common Core Standards during his time in the legislature, and spoke out against transgender bathroom policies in schools long before recent controversies came about. Ms. Snyder is a lactation consultant and teaches breastfeeding education as well as an instructor of nursing at the Washtenaw Community College in Ann Arbor. Additionally at the convention, Kin Shmina and Michael Busuito were chosen for the Wayne State University Board of Governors.

The Michigan Democratic Party unanimously selected Ismael Ahmed as their candidate for the State Board of Education after former Representative John Stewart withdrew his name from consideration. Both Mr. Ahmed and current State Board President John Austin accepted their Democratic Party nominations. Additionally, the Democratic Party nominated Wayne Circuit Court Judge Deborah Thomas as a candidate for the Supreme Court for the partial-term and Wayne Circuit Judge Frank Szymanski to run against Justice David Viviano. Laurence Deitch and Denise Illitch are running for reelection on the University of Michigan Board of Regents. Dianne Byrum and Diann Woodard are also running for reelection on the Michigan State University Board of Trustees.

posted by PAA Online , 10:07 AM
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MCAA Not Subject to FOIA

The Court of Appeals on Friday held that the Michigan Catastrophic Claims Association (MCCA) is not subject to the Freedom of Information Act (FOIA).

The court acted in Coalition Protection Auto No-Fault (CPAN) v. MCCA, which was directed back to the Appeals Court to determine if the MCCA is a public body and subject to FOIA. Judge Stephen Borrello and Judge Donald Owens ruled that even though MCCA is considered a public body, it is exempt from FOIA because of an amendment made to the Insurance Code by the Legislature. In dissent, Judge Elizabeth Gleicher said FOIA does not exempt documents from the MCCA from disclosure and FOIA authorizes the Legislature to exempt specifically described documents from disclosure. Judge Gleicher added extending the FOIA exemption to the MCCA violated the Constitution’s provision in Article 4 Section 25 outlawing amending a statute by reference.

Whether the MCCA is subject to public disclosure has been a controversial point in the discussion of Michigan’s no-fault insurance law discussion. The MCAA adds a surcharge to all vehicle insurance premiums to fund the state’s unlimited medical care guarantee to catastrophically injured victims in vehicular accidents. The fee varies each year, and groups have argued that the MCCA should be required to show how it calculates this surcharge.

Josh Hovey with CPAN commented the group was pleased with the decision of MCCA as a public body, however holding that the Legislature can amend the FOIA without amending the act is a concern. The organization is studying the ruling and determining if it will file an appeal with the Supreme Court.

posted by PAA Online , 10:06 AM
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PAAdvisory Briefs

Zika Virus in Michigan

There have been 43 cases of the Zika virus confirmed in Michigan, according to the Department of Health and Human Services (DHHS). Preliminary reports have shown a possibility of 174 cases, as patients are showing symptoms of the disease but have not yet been confirmed through testing. Jennifer Eisner with DHHS commented all patients were infected while traveling and none required hospitalization nor did any involve pregnant women.

Court of Claims Returns Flint Lawsuits

The seven lawsuits filed in the Michigan Court of Claims that do not name Governor Rick Snyder, state departments or state employees have been returned to the Genesee Circuit Court. Initially, the plaintiffs in the seven cases mentioned originally filed their cases in the Genesee Circuit Court, but the city of Flint sought the transfer to the Court of Claims asserting the actions involved in said cases were during a time where a state-appointed emergency manager was in charge. Court of Claims Judge Mark Boonstra wrote in an opinion that litigation involving city employees, in which several are named in these seven lawsuits, should be handled by the Genesee Circuit Court.

Warning on Unpasteurized Milk

Department of Health and Human Services officials warned residents of possible health risks of consuming unpasteurized raw milk following two children being infected with E. Coli. The two children are from Wayne and Oakland counties, and were known to consume raw milk. Despite supposed health benefits, health experts reiterate that unpasteurized milk presents potentially severe health issues, especially in young children where E.Coli can affect kidney function.

posted by PAA Online , 10:05 AM
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