Once the 92nd Legislature convened in late-January, state lawmakers wasted little time introducing a flurry of bills-many of which are anti-industry. State lawmakers have already introduced three bills concerning blood alcohol content (BAC) levels for drivers, two bills banning smoking in restaurants, a bill to raise the minimum wage, and a bill to prohibit local living wage ordinances. The MRA will monitor these bills, improving them where we can and flat out opposing when necessary. The bills are as follows:
Blood Alcohol Content
House Bill 4005: introduced by the late-state Rep. Jerry Kratz (R-Grass Lake); lowers the legal BAC level from .10 to .08 and lowers the impaired level from .07 to .05.
House Bill 4247: introduced by state Rep. William Van Regenmorter (R-Hudsonville); lowers the fines and penalties associated with a .10 BAC level to .08 and creates a "high BAC" crime at a .10 BAC level.
Senate Bill 181: introduced by state Sen. Bruce Patterson (R-Canton); lowers the BAC from .10 to .08 and lowers the impaired level from .07 to .05.
MRA Position: Michigan stands to lose $11 million this year if it does not reduce its drunk driving BAC level from .10 to .08, however, lowering the impaired standard from .07 to .05 is clearly unreasonable and will only further criminalize social drinkers. The MRA is working toward a solution that will bring Michigan into compliance but will not further criminalize social drinkers.
The MRA has argued that any "high BAC" charge should be consistent with other states. Of the 31 states with a high BAC penalty, the average is a .165 alcohol level. Furthermore, the MRA has argued for language that would repeal the act if Congress ever repeals the federal mandate.
Smoking Bans
House Bill 4163: introduced by state Rep. Jack Minore (D-Flint); bans smoking in all foodservice establishments, including bars and restaurants. The bill exempts private clubs.
Senate Bill 186: introduced by state Sen. Raymond Basham (D-Taylor); bans smoking in all restaurants and bars except those bars and taverns where the food sales are less than 30 percent of the gross sales. The bill also exempts private clubs and bowling alleys.
MRA Position: The MRA continues to oppose any efforts to further regulate smoking in restaurants and bars. The MRA believes that smoking in restaurants is a market decision that should be left to each owner/operator.
Starting Wage
House Bill 4165: Introduced by Rep. Jack Minore (D-Flint); increases the starting wage to $5.65 per hour and annually indexes the wage to the Detroit Consumer Price Index.
MRA Position: The MRA believes that the state-starting wage should be consistent with the Federal wage and is opposed to increasing the state wage above the Federal wage. Furthermore, the MRA believes that an increase in the starting wage in a soft economy will only further prolong a recession.
Living Wage Ordinance
After nearly four years of starts and stops, the state House approved a measure to retroactively repeal and prospectively prohibit local communities from adopting, maintaining and enforcing a minimum wage ordinance in conflict with the state Minimum Wage Act. House Bill 4160, sponsored by Freshman Lawmaker Fulton Sheen (R-Allegan) passed the House 58-51. Governor Jennifer Granholm said she will veto the measure.
In addition to prohibiting local minimum wage ordinances, the bill was amended to tie Michigan's minimum wage to the federal minimum wage. Under the amendment, each time Congress raises the federal minimum wage, Michigan will automatically adopt that wage. The amendment does not affect Michigan's tipped wage of $2.65 per hour. To alter the tipped wage, the state Legislature would have to move separate legislation.
MRA Position: The MRA supports this measure.
