Legislative Report

November 2008

Action on governmental matters took a back seat to political considerations during the month of October as House members sought to get elected and/or reelected. There were many hard fought campaigns throughout the state. The leadership of both the Republican and Democratic parties expended much time and money in support of their party’s candidates.

The presidential campaign added to the excitement of state and local races. However, the state Republican Party received a blow as presidential candidate John McCain conceded Michigan to Barack Obama and the Democrats by withdrawing campaign resources from the state and eliminating personal campaigning in the state. Of course this action was not welcomed by the state Republican organization. It lessened the possibility of any coattail effects by Republican candidates due to the non-presence of their presidential candidate.

It is interesting to note that the Kent County Republican organization apparently felt slighted by not having Republican Vice Presidential candidate Sarah Palin campaigning within the state. They mounted a petition drive to encourage Palin to come to the Grand Rapids area to campaign even though the national party was conceding the loss of the state to the Democrats. Obviously, this did not happen. Not to be outdone, the Kent County Democratic Party circulated a petition to get comedienne Tina Fey, a Sarah Palin look-alike, to come to the area and campaign in Kent County. Who said there is not humor in politics?

This article was written immediately prior to the November 4th election and thus no results are reported herein. The impact of the election on state government will be covered in the December report.

Because the legislature was in session for only a few days during October, there is no report on specific legislative bills acted upon by the Legislature.

Miscellany

Enhanced driver’s license introduced — Secretary of State Terri Lynn Land has announced that Michigan will make available an enhanced driver’s license which will comply with the requirements of the federal Western Hemisphere Travel Initiative. The enhanced license will ease traveling across the borders of Canada, Mexico and the Caribbean due to the security checks done prior to issuance. The cost of the enhance license will be more than a regular license, but not exceed $50 by state law. Michigan is the forth state to adopt the enhanced license.

Court upholds prohibition against shipping wine directly to consumers — A federal court judge has ruled that Michigan’s law prohibiting the shipment of wine from out of state directly to Michigan consumers violates the federal Interstate Commerce Clause and is thus unconstitutional. State officials argued that the prohibition prevented underage individuals from ordering wine from out of state wineries and would prevent Michigan from potentially losing considerable tax dollars due to complications of the winery taxing the sale at time of shipment and remitting the tax money to Michigan. The Liquor Control Commission has announced that the Court’s decision will be appealed.

Meijer Stores and State agree to Park and Ride for state employees — The state has reached agreement with the Meijer Stores whereby Meijers will allow some 50 parking spaces at each of six stores to be used by state employee commuters to park and share rides with others. The parking areas will be specifically designated areas for state employees to park and commute with others to their workplace.

Court rules against state’s reasons for purging certain voter records — A federal judge has ruled that the Secretary of State cannot purge its voter files of the names of voters who registered but had their registration cards returned as undeliverable by the Post Office. The court said that the individual became a registered voter at the time the application was accepted by the Secretary of State and that receipt of the registration card was meaningless as far as being registered was concerned. The court ruled that two election cycles had to pass before such individuals’ names could be purged from the voter files. The court also said that the voter file could not be purged merely by the fact that an individual applied for and received a driver’s license in another state. Both reasons for purging the file violated the federal elections laws. Some 1500 names were purged from the files in 2008 as the result of registration cards being undeliverable. The Secretary of State will appeal the federal court decision.

New name for state department — Governor Granholm has issued Executive Order 2008-20 which adds the word “Energy” to the Department of Labor and Economic Development. The Department will become the Department of Energy, Labor and Economic Development. The Department will now have the additional responsibility for developing and promoting alternative energy sources and energy conservation programs. The Governor also appointed her special energy advisor, Skip Pruss, as director of the new department. He replaces Keith Cooley as director. Mr. Cooley resigned to become CEO of a Detroit based energy company.

Ingham County Circuit Court Judge rules against Blues — Judge Paula Manderfield ruled that Blue Cross Blue Shield did not meet the legal conditions for transferring $125 million to its subsidiary, the Accident Fund, to allow that agency to expand its insurance products. She referred the matter back to Ken Ross, the Commissioner of the Office of Insurance and Financial Regulation for further review. She also ordered a hearing on whether the Accident Fund could purchase other insurance companies. In a related matter, Attorney General Cox asked the legislature to place a hold on legislative bills dealing with the operation of Blue Cross Blue Shield while the matter is under consideration by the court.

People in the News

Donald Holbrook, Jr. who served eight years as a legislator and 28 years as a Court of Appeals judge, recently died at the age of 76. He retired as a judge in 2002.

Michael Smolenski announced his resignation as a judge on the Court of Appeals effective December 31 due to very serious health problem which impairs his mobility. Governor Granholm will appoint his replacement.

Representative Alma Wheeler Smith has announced that she is giving strong consideration running for governor in 2010, according to Gongwer News Service. Representative Smith is a Democrat from Salem Township who previously served as a State Senator.

Representative Coleman Young, Jr., whose late father is a political legend after having served as a state senator and mayor of Detroit, has filed as a one of eighteen candidates to succeed disgraced former Mayor Kwame Kilpatrick who is currently in jail. The special primary election is February 24 and the election May 5.


Special note: In last month’s report, I referred to Bella Kennedy by the incorrect gender. Mr. Kennedy was a former legislator who recently died. I apologize for the error and thank a reader for calling this to my attention.

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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