Legislative Report
September 2008
The month of August typified the Lansing scene which is experienced every two years when legislators are preoccupied with elections in which party control of the legislature is at stake. Politics is in the forefront; but hand to hand combat does not take place in the legislature, but back in the home district. Incumbent legislators did very well with only one of nineteen legislators running for reelection suffering defeat in the primary.
With this being a presidential election year, national politics was also in the forefront. Michigan is one of several states that is being watched to see which party s presidential candidate will win the state. That is why both Senators McCain and Obama have already made several campaign visits to Michigan and will undoubtedly make many more. Excitement was in the air as delegates to both party conventions prepared to travel to either Denver or St. Paul to officially nominate their respective party presidential candidate. These are exciting times for politicians and political junkies.
This is one of those rare occasions when there is very little legislation on which to report. The controversial Blues Bills (HBs 5282 and 5283) which would grant Blue Cross/Blue Shield greater ability to market individual (non-group) insurance products are currently stalled in conference committee. This means that three House members and three Senators, known as conferees, will meet in an attempt to resolve the differences between the House versions of the bills and the Senate versions of the bills. The conference committee will issue a report to their respective chambers to be considered for approval. The conferees named by the leadership of each chamber are: Representatives Marc Corriveau, D- Northville, Virgil Smith, D- Detroit, and Dick Ball, R- Bennington Township, Senator Tom George, R- Kalamazoo, Jason Allen, R- Traverse City, and Hanson Clark, D- Detroit.
Miscellany
Reform Michigan Government Now! proposal ruled unconstitutional — The RMGN ballot proposal which received enough signatures to get on the ballot but was challenged in court, was ruled unconstitutional by the Michigan Court of Appeals. The court ruled that the measure was too far-reaching and was more of a revision to the Michigan Constitution than an amendment. Because it would change so many sections of the Constitution (even ones that don t exist) and affected every branch of state government, the court prohibited it from going on the ballot in November and prevented the State Board of Canvassers which was working on the ballot language at the time the Appeals Court decision came down from doing anything further on the measure. The decision has been appealed to the Michigan Supreme Court which is expected to uphold the Court of Appeals decision. The failed proposal was unpopular with some Democrats and most Republicans. In 2010, Michigan voters will have the opportunity to vote on whether a Constitutional Convention should be held. Such a question is on the ballot every sixteen years according to the Michigan Constitution.
Language approved for November ballot proposals — The State Board of Canvassers has approved the ballot language and assigned proposal numbers to two proposals which will appear on the ballot in November. These proposals pertain to embryonic stem cell research and the medical use of marijuana. The language for the two proposals is as follows:
A PROPOSAL TO AMEND THE STATE CONSTITUTION TO ADDRESS HUMAN EMBRYO AND HUMAN EMBRYONIC STEM CELL RESEARCH IN MICHIGAN
The proposed constitutional amendment would:
- Expand use of human embryos for any research permitted under federal law subject to the following limits: the embryos
- are created for fertility treatment purposes;
- are not suitable for implantation or are in excess of clinical needs;
- would be discarded unless used for research;
- were donated by the person seeking fertility treatment
- Provide that stem cells cannot be taken from human embryos more than 14 days after cell division begins.
- Prohibits any person from selling or purchasing human embryos for stem cell research.
- Prohibits state and local laws that prevent, restrict or discourage stem cell research, future therapies and cures.
Should this proposal be adopted?
The ballot number for the above proposal is 08-2.
A LEGISLATIVE INITIATIVE TO PERMIT THE USE AND CULTIVATION OF MARIJUANNA FOR SPECIFIED MEDICAL CONDITIONS
The proposed law would:
- permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health.
- Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
- Require the Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.
- Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.
Should this proposal be adopted?
The ballot number for the above proposal is 08-1
State receives settlement funds from Caremark — Attorney General Mike Cox announced that Michigan is one of 28 states that reached a $38.5 million settlement from Caremark, a prescription drug benefit management company. The company was accused of encouraging doctors to change prescription drugs for patients and telling them that they or their health care plans could save dollars by switching. The 28 state attorneys general allege that the switch cost more, rather than saved money. Michigan s share of the settlement was $1 million which will be used to promote the state s website comparing prescription drug prices (www.michigandrugprices.gov )
Governor Granholm holds removal hearing for Mayor Kilpatrick — Governor Jennifer Granholm held a hearing beginning on September 3, to determine whether Detroit Mayor Kwame Kilpatrick should be removed from office for official misconduct in office. The basic question the Governor will seek to answer in the hearing is whether the Mayor misled the Detroit City Council to approve a whistleblower lawsuit settlement by failing to tell the Council that the settlement was made, in part, to hide his romantic relationship with one of his top aides. In other words, he made the settlement for personal gain. the disclosure of his personal indiscretions. Kilpatrick is facing eight felony charges for perjury, conspiracy, and obstruction of justice. He is also facing two felony charges for assaulting police officers in the commission of their duties- serving a subpoena. Under a seldom used Michigan law, a governor can remove an elected official for official misconduct in office if sufficient evidence is produced. There have been several legal challenges to Governor Granholm s holding the removal hearing. The hearing began after the Governor s right to conduct it was upheld by the Court of Appeals. If she removes the Mayor from office, it will end a long, sad saga for the City of Detroit and its citizens. Update: Immediately before this article went to press, The Mayor pleaded guilty to two felony charges of obstruction of justice and resigned from office. He is to serve five years of reporting probation (the first 120 days in jail), pay a $1.0 million fine, surrender his law license, among other sanctions. The Governor adjourned her hearing until after until after the effective date of his resignation, September 18, at which time she will officially terminate the hearing.
Secretary of State offices begin use of Social Security numbers to verify legitimacy of applicants — The Secretary of State has announced that they have begun using a Social Security verification system to make sure that applicants for driver license or state ID are lawfully in the United States. Most people will not be affected by this new verification system. However, those with name changes through marriage, etc. should first go the Social Security Administration to establish their identity with that agency and then wait at least 72 hours before applying for a license or ID card.
Primary voter turnout very low — Secretary of State Terri Lynn Land announced that the voter turnout for the August primary was 19% of the 7.2 million registered voters.
Michigan ranks near the middle for women in state policy making positions — Michigan ranks number 22 among the states for women holding policy making and top advisory positions in state governments. Montana was the top state for women in top positions with 54.5% of its workforce. In 2007, Michigan had 36.4% women in such positions compared to 27.3% in 1997. However, there was a decline of women in the legislature for the same period. In 1997-8 there were 34 women legislators while in 2007 there were 29 women legislators or 19.6% of the total. Montana was the top state for women in top positions with 54.5%.
SERA continues to oppose HB 5545 — This is the bill which transfers responsibility for retiree health care plans to the Office of Retirement Services. Please continue to let your legislators know of SERA s opposition!
People in the News
Andy Dillon, House Speaker from Redford, appeared to have won his battle against recall efforts after the local officials ruled that the signatures obtained by circulators who were not residents of the district nor registered voters were not valid. A lawsuit was filed and a federal district court judge ruled the recall law requiring circulator residency and voter registration was unconstitutional. The Secretary of State must reexamine the petition signatures collected in the recall effort to determine if they meet other constitutional standards required by law. The court s decision did not automatically put the issue on the ballot. Dillon has asked the court to reconsider its decision and appeal the decision to a higher court.
Ted Hammond, a Democratic state representative from Burton, was the only one of nineteen incumbent legislators facing primary opponents who was defeated in his bid for reelection. He was beaten by Jim Slezak in the Democratic primary.
Editor’s note: Alvin Whitfield is former President of the Lansing SERA Chapter and former Chairperson of the Michigan SERA Council and current Legislative Representative for both the Council and the Lansing Chapter. He may be contacted at 1241 Runaway Bay Drive, C-3, Lansing, Michigan 48917; phone 517/703-9666; e-mail: alwhit@worldnet.att.net.
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