QUOTE OF THE DAY: “It must be the charisma.”

— Bob LaBRANDT, of the Chamber of Commerce, commenting on how former gubernatorial candidate Larry OWEN got two college students to donate $3,200 apiece to cover Owen’s campaign debt. Michigan Information & Research Service, Inc.

Tuesday, March 9, 2004 Web Site: http://www.mirsnews.com Volume XXII, Issue 045

Capitol Capsule Rep. Steven BEIDA (D-Warren), Rep. Jenni- Marriage Protection Amendment Defeated fer ELKINS (D-Lake), Rep. Mathew GILLARD (D-Alpena), Rep. Kathleen LAW (D-Gibraltor), Today, with a 65-38 vote, HJR U, the so-called and Rep. Aldo VAGNOZZI (R-Farmington Hills). marriage protection amendment, failed to receive the required two-thirds super majority (73) votes Three Republicans voted “no.” They were; needed for adoption in the House. Rep. Leon DROLET (R-Clinton Twp.), Rep. Doug HART (R-Rockford) and Rep. Lorence The first and foremost result of today’s vote is that WENKE (R-Richland). the issue of whether or not gay and lesbian marriages should be recognized will probably not be on the Nov. Wenke, who has been vocal about his opposi- 2 general election ballot. However, some observers tion to the amendment, including strong pro- argue that President George W. BUSH’s articulated nouncements to local news media within his position against recognition of gay marriages should district, will almost certainly face primary opposi- be enough to bring out his conservative base, others tion over the issue. Sources close to the situation claim an initiative on the ballot would have attracted tell MIRS there is somewhat better than a 50 greater turnout in his favor. percent chance that former Rep. Jerry VANDER ROOST (R-Galesburg) will run against him. At the state government level, the vote signified political considerations on both sides of the aisle. It is not certain how many opponents Drolet would face in a primary. Maria CARL, wife of For Democrats, the vote appears to show that deceased Rep. Doug CARL, has announced prospects of gaining seats in the 2004 election will formation of an exploratory committee, and take a back seat to prospects that they have a shot at primary candidates aren’t usually a scarce com- winning control of the Senate in 2006. If this were modity in Macomb County. not the case, more Democrats could have supported HJR U today and relied on their Senate colleagues to Hart is term limited. prevent the measure from being placed on the ballot. Five Democrats voted “yes.” They were: Rep. It remains to be seen whether the Senate will John GLEASON (D-Flushing), Rep. Michael attempt to move SJR E, which was exactly the same SAK (D-Grand Rapids), Rep. Dale as the initial version of HJR U, to get the votes of Democratic senators recorded on the issue as well. MIRS Inside It also remains to be seen whether or not a 3 House Debate, Dignified, Respectful statewide initiative to place the issue on the ballot 3 Panel Takes Up Death Penalty in 2006 will be in the offing. 4 Engler As Fundraiser 4 Gilbert Wants To Refund Money As soon as the voting board was closed and 5 GOP React on Ramsey Candidacy the final vote tallied, GOP politicos were circling 5 E-Filing Bill Goes Without I.E. the names of Democratic members who they 6 Chamber Goes After Owen believe will be vulnerable due to voting against 6 12-Year-Old Speaks Out On Hazing HJR U. Chief among these were the following:

910 Ottawa St • PO Box 19303 • Lansing, MI 48901-9303 • Phone (517) 482-2125 • FAX (517) 374-0949 • E-Mail [email protected] If You Don’t Read Us - You Just Don’t Get It! Page 2 MIRS Capitol Capsule Tuesday, March 9, 2004

SHELTROWN (D-Gladwin), Rep. Doug SPADE sion stating, “No other relationship would be (D-Adrian) and Rep. Lisa WOJNO (D-Warren). recognized as a marriage or its legal equivalent.” Five Democrats did not vote. They were the This language, which proponents of the mea- following: Rep. Martha CHEEKS (D-), sure admit might preempt recognition of civil Rep. Brenda CLACK (D-Flint), Rep. Morris unions, changes the amendment from a clear-cut HOOD (D-Detroit), Rep. Artina Tinsley ban of recognition of gay and lesbian marriages, to HARDMAN (D-Detroit), Rep. Jack MINORE possibly prohibiting recognition of homosexual (D-Flint) and Rep. Triette REEVES (D-Detroit). relationships altogether. Cheeks, Clack and Hood could face some Both Hart and Wenke have stated that they political heat over their abstaining, however, neither oppose recognition of gay marriages, but represents a district were Republicans have a chance voted against HJR U today because of its to win. Hardiman, Minore and Reeves are term specific language. limited. Reeves, who was absent due to the death of a relative, was a strong supporter of HJR U. “I don’t think they did anything to make this easier to vote for,” Hart told MIRS. “I wanted to Many observers interpreted that the vote was vote yes on this, because I agree with a lot of what held today, in spite of the fact that Reeves was not it was about. But I don’t agree that we should be in attendance, as a signal that Republican leader- preventing future legislatures from dealing with ship knew the measure wouldn’t pass, and was some of the related issues.” primarily concerned with recording votes that could be used in some wedge districts. However, the measure would lose considerable political potency if it were more closely worded to A floor substitute was adopted that would have reflect just gay marriages. This is so because Gov. protected the status of domestic partnership Jennifer GRANHOLM officially opposes recog- benefits currently offered by state universities and nition of same-sex marriages, but supports the moved the date the proposal would be placed on concept of civil unions. Likely Democratic presi- the ballot from the November general election to dential nominee U.S. Sen. John KERRY (D- the August primary election. Mass) has recently adopted the same stance. Rep. Gary NEWELL (R-Saranac), sponsor of Following the vote this afternoon, Marlene HJR U, said the changes were made to eliminate ELWELL, leader of the so-called pro-marriage some of the reasons people might have to vote coalition, predicted a constituent backlash against against the measure. those who voted against the HJR U. “The change to August is because some people “I can make two predictions,” Elwell said. have said this amendment is politically motivated “First, the sun will come up tomorrow. And to help George Bush.” Newell said. “The change second, just as surely, a whole lot of politicians are involving the universities was made so no one can going to be in for a real shock when their constitu- argue that someone’s benefit would be taken away ents find out that their legislator thought sticking because of this.” to the party line was more important than protect- ing the institution of marriage. And I’m confident Although Newell explained the changes in the that a large number of legislators will be begging context of attempting to get enough votes to pass for a chance to reverse their votes very soon.” HJR U, the same points will likely be made in campaign ads against members who will now be However, another prediction about HJR U was vulnerable due to the “no” votes they cast today. made two weeks ago, when House Speaker Rick JOHNSON (R-LeRoy) predicted it would receive Despite these changes, HJR U was not the support of about 80 members of the House. amended in the manner that many believed might have secured its passage. Even in the substitute form, the measure included the following provi- Tuesday, March 9, 2004 MIRS Capitol Capsule Page 3

House Debate, Dignified, Respectful proposes a constitutional amendment to deal with Today, before the House vote on HJR U, the so- divorce. Thirty years of recognizing ‘common- called marriage protection amendment, fell eight law’ marriages and nobody proposes a constitu- votes short of the required 73 to place the issue on tional amendment to deal with people who ‘shack- the ballot, (see related story) several members made up.’” statements pertaining to the measure. Proponents of HJR U said the issue was Debates on the House floor often take place whether the people of Michigan, or a judge would amidst a clamor of members holding small group decide the issue. discussions to one side, others conversing and not “The truth is that there is no such thing as a paying attention, while still others sit at their desks and ‘no’ vote on this,” said Rep. John work on tasks, such as answering constituent letters. PAPPAGEORGE (R-Troy). “You’re either voting However, the debate today was solemn and yes for the people to decide the issue, or by voting respectful, as members appeared to focus their ‘no,’ you’re voting ‘yes’ for a judge to decide it.” attention on the comments made by their colleagues. Rep. John STAHL (R-North Branch) stated “It’s an honor for me to come here every single the argument more directly. day,” said Rep. Chris KOLB (D-Ann Arbor). “In my view what we’re doing today is good,” “Regardless of how this vote turns out today I will Stahl said. “We’re trying to let the voice of the still honor and respect all of my colleagues.” people be heard. Why are you so alarmed for this Kolb then stated that he is gay, and has a decision to be made by the voice of the people, seven-year relationship with his partner. instead of by a select few?” “When I recently did my taxes, it came to the box where I checked ‘single,’” Kolb continued. “If Panel Takes Up Death Penalty you check ‘single’ you’re not allowed certain rights and benefits that someone is allowed if they Today, the House Regulatory Reform Commit- check the ‘married’ box.” tee took up HJR W, legislation to end Michigan’s 158-year ban on capital punishment. There was no According to Kolb, there are 1,039 federal vote taken today, and testimony on the issue was benefits for which married people qualify. not completed. Kolb also gave the example of a gay couple Rep. Larry JULIAN (R-Lennon) introduced a that had remained together for 51 years, and substitution, which added the language that the compared them to the 50-some hour marriage of death penalty could only be an option if the guilt popular singer Britney SPEARS. He pointed out of the accused was a “moral certainty.” that the Spears marriage, which was apparently no more than a weekend lark, was recognized, while Committee Chair Sal ROCCA (R-Sterling the 51-year gay relationship was not. Heights) attempted to keep the testimony of each witness brief, however, the meeting ended before Republicans Rep. Leon DROLET (R-Clinton everyone who wished to testify could do so. Twp.) and Lorence WENKE (R-Richland) gave their reason for opposing HJR U. Both mentioned Rocca has stated that he plans to allow every- that high-profile conservatives, such as columnist one who wishes to speak on the issue to do so George WILL, oppose the idea of such amendments. before he takes a vote. “Proponents claim that homosexual people As a constitutional amendment, HJR W requires need to be singled out for unequal contracting a super-majority approval of both the House and rights in order to protect the institution of mar- Senate in order to be placed on the Nov. 2 ballot. riage,” Drolet said. “Let me see if I have this right: Because the issue would split the focus of 40 years of skyrocketing divorce rates and nobody Right to Life and the Catholic-backed effort on the Page 4 MIRS Capitol Capsule Tuesday, March 9, 2004 so-called marriage protection issue, it is not had grown accustomed to wining Court rulings believed that the GOP is enthusiastic about having that they couldn’t achieve through the democratic it placed on this year’s ballot. and representative process of government. So every Supreme Court election they seek to restore The chances that the resolution would get the those good old days. This year is no exception. necessary two-thirds support in both chambers, even under the best of circumstances, is question- In the last election, you contributed $_____ to able. Without strong support from legislative Supreme Court 2000. I ask that you consider leaders and the Republican Party, the future of making a similar commitment for this year’s race. HJR W would appear to be tenuous at best. I believe our is truly exceptional, and we simply cannot risk a return to the days when the law and the Legislature didn’t Engler As Fundraiser seem to matter. The Court needs to keep Steve Markman, a proven, experienced and thoughtful Since leaving office on Jan. 1, 2003, former jurist. Gov. has been conspicuously absent from the state political scene. Please help return Justice Stephen Markman to the Supreme Court so that we can protect However, last month Engler wrote a fund- Michigan’s highest court from being captured by raising letter on behalf of Supreme Court Justice judicial activists. Steve MARKMAN. The letter was dated Feb. 16, and sent out to past supporters of Markman ‘s Sincerely, John Engler campaign efforts. Apparently, the letter marks the first involvement with Michigan politics for Engler since he was governor. Gilbert Wants To Refund Money The letter read as follows: Sen. Jud GILBERT (R-Algonac) is set to push a substitute to a House bill tomorrow that not only In 1999, a vacancy occurred on the Michigan repeals the $150 fee on drivers who can’t show a Supreme Court. After careful consideration, I police officer their proof of insurance, but refunds appointed Judge Stephen Markman to serve the money to those who have already paid the fee. remainder of Justice Brickley’s term. In November of 2000, thanks to you and others, Steve was elected Gilbert’s substitute will be considered tomor- to complete the 4 years remaining on that term. row as the Senate Appropriations Committee takes up HB 4308, sponsored by Rep. John This November, Justice Markman is seeking to GARFIELD (R-Rochester), which will repeal the retain his seat for a full eight-year term. Steve has portion of the last year’s Republicans’ bad driver proven unequivocally, by his record, that Michigan package that socked drivers who didn’t have their will benefit from his continuing to serve us on our insurance handy when a cop pulled them over. state’s highest court. The legislation, sponsored by Gilbert, laid out One of my proudest legacies as Governor was a menu of new fines for folks pulled over for an having selected jurists like Justice Markman who array of citations. The biggest public outcry has have helped to reshape the Michigan Supreme come from the $150 non-refundable fine for those Court. In Michigan, we no longer have a Court caught without their insurance, but were legally where judges think that it is their prerogative to insured at the time. decide important policy questions. The majority on the Court understands the constitutional role of Removing this item from the menu and then the judiciary. As you may recall the Supreme refunding all of the drivers who already coughed Court campaign of 2000 was nasty. This is a up the $150 fee could cost the state as much as legacy, which is only as safe as the next election. $25.8 million in the Fiscal Year (FY) 2004 alone, according to a House Fiscal Agency analysis. Naturally, judicial activists in Michigan are unhappy with this Supreme Court because they Tuesday, March 9, 2004 MIRS Capitol Capsule Page 5

To help make up the cost, Gilbert’s substitute Ryan agrees. While acknowledging that jacks up the fee for those who cannot prove their Ramsey is free to do whatever he wants, Ryan said automobile was insured at the time they were he does not have enough experience to represent pulled over from $150 to $200. the voters in the 105th district and then he labeled his potential opponent a carpetbagger. Ramsey was born and raised in Michigan and GOP React on Ramsey Candidacy recently registered to vote in the district and has With reports this week that the father of obtained a Michigan driver’s license. JonBenet RAMSEY is interested in running for the House, some Republicans are not welcoming him Gov. Jennifer GRANHOLM, asked to com- into the race with open arms. In fact one other GOP ment on the developing story, said she did not contender has called John RAMSEY a carpetbagger. know the Ramsey family had a home in Michigan, but this was something “for the other side of the Craig RYAN who works for Rep. Ken aisle” to deal with. BRADSTREET (R-Gaylord) will announce his candidacy soon, but both he and his boss are not Contributed by Senior Capitol Correspondent excited by the interest demonstrated by Ramsey in Tim SKUBICK the Charlevoix district. Ryan says he first heard of the potential candi- dacy just after the first of the year when word E-Filing Bill Goes Without I.E. reached him that Ramsey had formed an explor- Unable to get immediate effect for legislation atory committee and was working groups in the designed to slow down the requirement that tax district looking for potential support. prepares must e-file, the Republican majority passed the bills anyway, knowing that in the Ramsey is a native of Michigan and has had a unlikely event Gov. Jennifer GRANHOLM signs summer home in the resort town for years. He them, they wouldn’t go into effect this tax season. recently told two GOP campaign operatives that he felt he had something to offer the district given HB 5434 and HB 5440 passed on near party line his experience in saving a business in Colorado. votes, 24-13 (Sen. Dennis OLSHOVE (D-Warren) and Sen. Mickey SWITALSKI (D-Roseville) voted John LLWELLYN, from the House GOP with Republicans), similar to what happened on staff, met personally with Ramsey about 10 days Thursday when the bill came before the chamber. ago in a Lansing office building. During the 20- minute interview also attended by staffer Al And like Thursday, Republicans were unable MANN, Ramsey expressed surprise when to cut a deal with the administration and Demo- Llwellyn suggested that the murder of his daugh- crats on how the bills could be made more accept- ter might become an issue in the race if he got in. able and, thus, failed to get the 26 votes needed for immediate effect. As a result, legislative Republi- Llwellyn advised Ramsey to think of his cans will again be forced to take the minor politi- family first before getting into the contest. cal victory by forcing Granholm to veto a bill that Bradstreet said when he meets with Ramsey, could be spun negatively in the press. he will not encourage him to run and may even Proponents of the bill, including CPAs and the ask him not to run. Bradstreet is afraid of the Small Business Association of Michigan, argue that media circus that might engulf the campaign and the Department of Treasury should have phased in produce a primary based on the murder and not the requirement that tax preparers submit tax returns jobs, unemployment and related issues. by e-filing rather than making the change all at once. Bradstreet said you could write a scenario with Opponents of the bill contend that it is too late in Ramsey in the race under which the Democrats the tax season to make the change now and that the may win the seat. budget is predicated on the $2.7 million in savings that the e-filing requirement was to have generated. Page 6 MIRS Capitol Capsule Tuesday, March 9, 2004

Chamber Goes After Owen 12-Year-Old Speaks Out On Hazing The Michigan Chamber of Commerce ques- A Senate panel moved a pair of bills today that tioned post-campaign contributions to one-time puts in place the legal framework for prosecutors gubernatorial candidate Larry OWEN today, to go after people who haze fellow members of a issuing a press release that notes that $6,400 of the sports team or organization as a rite of passage. $29,900 Owen took in after his 1998 run came from a pair of college students. Under current law, authorities can charge “hazers” with assault and other legal tools. But Brother and sister Eric and Jennifer SBs 783 and 784 make it easier for the legal HUGHEY, a pair of Michigan State University community to pursue hazing cases because it college students, each gave Owen $3,200 in 2003 doesn’t allow hazers to use the defense that the to help the unsuccessful Democratic candidate pay victim voluntarily agreed to be hazed. off his 1998 debt. The day’s most compelling testimony came from The Chamber pointed out that the Hugheys’ 12-year-old Garet DROGOSCH, a seventh grader at relatives, Phyllis and Donald HUGHEY, gave Owen Meads Mill Middle School in Northville, who was a combined $4,800 in 2000-02 before mentioning hospitalized after being knocked unconscious on the that the state law forbids people from making politi- football field as part of a hazing “drill.” cal contributions through another person. The 80-pound Drogosch was told to participate “Larry Owen has long been credited as one of in a drill in which eighth-grade players picked a Michigan’s top political fund-raisers,” said the seventh grader to “hit” after a five-yard running Chamber’s Bob LaBRANDT. “During these four head start. He was picked three times. years (2000-03), Owen has further reinforced that reputation. Who else could coax two retirees, a The seventh grader told the Senate Judiciary medical assistant, a retail salesman, a nurse, and Committee he was told to stand with his hands even two students to max-out from their own behind his back and to “suck it up” as the larger personal funds for a failed gubernatorial cam- eighth grader barreled into him. The third hit by a paign? It must be the charisma.” kid 50 pounds heavier than Drogosch sent him to the hospital, where he underwent two surgeries Today’s press release comes as Owen, an attor- and had a metal plate stuck in his leg. He moved ney, prepares his run for Ingham County Circuit around with a wheelchair for a couple months.

Court judge. Owen is selling his home on the border th of Clinton County in preparation for his run. The football coach who called for the “hit a 7 grader” drill lost his job, but still coaches at the The Chamber’s decision to go after Owen, a school. The family is suing in civil court. candidate for a local judicial office, puzzled the Owen camp, which declined to respond directly to Committee members were appalled when the release. Drogosch said several school officials felt that he was blowing the incident out of proportion when “I think Bob LaBrandt woke up on the wrong he went public with his story. side of the bed this morning,” said political con- sultant Joe DiSANO, who is helping Owen with To that, Sen. Alan SANBORN (R-Richmond) his campaign. “With Michigan industry and said, “To the coaches who are about to see this bill business leaving this state, I think the Michigan passed, ‘suck it up.’” Chamber has bigger problems in this state than The original bills, SBs 783 and 784, sponsored caring about a local, judicial race.” by Sen. Michelle McMANUS (R-Lake Leelanau) and Sen. Nancy CASSIS (R-Novi), called for a three-year, $2,500 misdemeanor against those who hurt another through hazing and a 20-year, $10,000 felony against those who kill another through hazing. Tuesday, March 9, 2004 MIRS Capitol Capsule Page 7

The bills that unanimously moved out of the the Governor’s recommendation of $62.3 million. Judiciary Committee create one-year, $2,500 Of that, some $31.9 million was derived from the misdemeanor and a 15-year, $10,000 felony. If the state’s General Fund budget, up from $30.7 million bills are signed into law, Michigan will no longer be called for by Gov. Jennifer GRANHOLM in her one of seven states without anti-hazing laws. executive budget recommendation. “We need to send a strong message in that we Interestingly, the House Fiscal Agency (HFA) will not tolerate these practices in our society,” analysis for the Attorney General’s budget in- Cassis said. cluded a never before seen column. One senior budget staff member pointed out that next to the SBs 783-784 were penned in response to column displaying the “Executive” budget recom- increased hazing incidents across America, includ- mendation of the governor was a new column ing one within the Sigma Phi at the University of entitled “Executive Revised by AG.” Michigan that resulted in a student being hospital- ized with kidney failure. Also, Ferris State Uni- “Now that’s power,” the budget staffer remarked. versity residence hall director, Todd PRICE, called McManus’ office after Michigan’s lack of Among the changes sought by Attorney Gen- anti-hazing laws was used at a national conference eral Mike COX and granted by the House sub- as a negative example. committee were: The school social workers and psychiatrists - Language to allow the Attorney General’s office association and the Michigan State Police both access to “self-generating” revenue for legal support the bills. expenses associated with anti-trust, securities fraud, consumer protection and class action Drug Treatment Courts Move enforcement cases. Under this provision, anti- The Senate Judiciary Committee also unani- trust, securities fraud, consumer protection or mously moved three bills that would standardize class action enforcement revenues or attorney in Michigan, “drug treatment courts” an aggres- fees recovered by the Attorney General will be sive approach judges can take to break accused appropriated for expenditure by the Attorney criminals’ dependence on drugs or alcohol. General up to $1 million. SBs 998-1000 moved to the floor without an - A similar provision relating to prisoner amendment pushed by Democratic members that reimbursement was also included in the budget. would have broadened the scope of who could qualify Under that section, if the Attorney General to participate in the drug court, which is being used collects in excess of $1.131 million in gross with success in various areas of Michigan. annual prisoner reimbursement receipts, the excess up to $1 million is appropriated to the Under the bills, it is within a judge’s discretion Department and may be spent on representation to give an accused criminal the option to complete of the Department of Corrections, its officers, an intense detox program in exchange for having employees and agents. their charges dismissed. The bills moved without Both of the so-called self-generating sources major opposition. of funding can be carried forward into the next fiscal year if they’re not expended. Carol ISAACS, chief deputy attorney general, told the AG/Department of State Budgets Advance panel that this change is important for the state. The House Appropriations Subcommittee on “This is really a huge gain for the state of Michi- General Government approved the Fiscal Year gan when it comes to litigating over years,” Isaacs (FY) 2005 budget for the Departments of State said. “This front loading of litigation has to happen.” and Attorney General today. The subcommittee also added an additional For the Attorney General, the House subcommit- $700,000 in information technology funds for the tee approved a total budget $63.38 million, up from Page 8 MIRS Capitol Capsule Tuesday, March 9, 2004

Attorney General’s office to help complete the The Chiropractor Isn’t A Doctor AG’s computer system upgrade. Attorney General Mike COX opined today The subcommittee approved the governor’s that a chiropractor could not create a practice recommendation for the Department of State with an osteopathic physician because state law without change other than to retain some existing and case law distinctly separate the two as law boilerplate pertaining to the motorcycle different functions. education program. Chiropractors limit their work to work with spinal misalignments and do not perform surgery or prescribe drugs as osteopathic physicians do, Transit Groups Tell House Panel Of Cox noted. Economic Impact “While there is some overlap between the Representatives of public transit groups today practice of chiropractic and the practice of medi- told the House Appropriations Subcommittee on cine or osteopathic medicine, the services offered Transportation that cutting further on state spend- by chiropractors are not the same as those offered ing for public transit could have an economic cost. by allopathic or osteopathic physicians,” Cox wrote. “The practice of chiropractic is a limited “The trend of declining state percentages has subcategory of the practice of medicine.” impacted our ability to support economic develop- ment,” Lynn LAFLEY, public transportation director Cox wrote Opinion No. 7151 in response to for the City of Ionia, and president of the Michigan a question posed by Rep. Ken BRADSTREET Transit Association told the subcommittee. (R-Gaylord). Lafley said that for every $10 million spent on mass transit, the state is helping to support or generate some 500 jobs. While dollar support in CR Panel Backs Away From Connerly Governor Jennifer GRANHOLM’s fiscal year The Civil Rights Commission today adopted a 2004-2005 budget for bus transit remains the same resolution that opposes a constitutional amend- as last fiscal year, Lafley said that as a percentage ment proposal to ban racial preferences in univer- of state transportation spending, it’s going down. sity admissions and governmental hiring. Clark HARDER, executive director of the The Commission adopted the resolution Michigan Transit Association, told the panel that because of “growing confusion” between Ward the average mass transit system has work-related CONNERLY’s Michigan Civil Rights Initiative rider-ship that hovers between 50 and 55 percent. and the Michigan Civil Rights Commission, a Three quarters of all transit systems have support public body charged with overseeing the state’s in the form of local millages and those that don’t Department of Civil Rights. are generally supported directly by local govern- ment spending. The resolution states that the commission opposes the Civil Rights Initiative, adding that the Conan SMITH, of the Michigan Environmen- petition drive is inconsistent with the mandate of tal Council, told the Appropriations Subcommittee the Civil Rights Commission and the Department that his organization would like to see Compre- of Civil Rights. hensive Transportation Fund spending increased by some $8 million. “The Michigan Civil Rights Initiative is a shameful attempt to confuse and manipulate unsus- In addition, a key to building so-called “Cool pecting Michigan voters,” said Commissioner Mark Cities” is to ensure that these cities have good BERNSTEIN. “Ward Connerly’s initiative is to mass transit, Smith said. civil rights what an ax is to a tree. Don’t let these extremists tear down our state’s great tradition of When looking at Cool Cities around the enabling and protecting diversity.” country, Smith argued their one common denomi- nator is good mass transit. Tuesday, March 9, 2004 MIRS Capitol Capsule Page 9

Nugent’s Group Backs DeRossett Pay Under TANF Rep. Gene DeROSSETT (R-Manchester), a The Supreme Court ruled today that electronic candidate for the 7th U.S. Congressional District, copies of property tax records should be consid- today received the endorsement of Ted ered under the Abstracts of Records Act (TARA), NUGENT’s United Sportsmen of Michigan. not the Freedom of Information Act (FOIA). “Gene has the heart and soul of an American In Title Office, Inc. v. Van Buren County sportsman and we salute him and wish him God- Treasurer (Nos. 121077-8), the county treasurer speed on his way to the Congress,” wanted to charge the title company $60,000 for said Skip CORYELL, Michigan Director of electronic copies of 1995-97 property tax records. Nugent’s group. The treasurer estimated the cost of filling the request as a TARA request, allowing them to Coryell said DeRossett has been at the fore- charge 25 cents a page. front of supporting the state and U.S. constitution’s right to bear arms by backing the The Court of Appeals ruled that the request state’s new concealed weapons permit law. should be filled under FOIA, which would have cost much less. In a unanimous ruling, the Su- preme Court overturned this decision, saying Lien Fund Needs More Money TARA laws deal specifically with county treasur- ers and trump the FOIA law, in this case. David HOLLISTER, the director of the Department of Labor and Economic Growth In other cases decided by the Supreme Court (DLEG), is telling the Legislature that he will be today, the court ruled 4-3 that an uninsured man billing the state’s 90,000 builders and contractors who was killed driving a truck that he had par- an extra $50 to keep the state’s construction lien tially paid for is not covered by his grandfather’s program afloat unless they tell him not to. insurance policy. The state’s Homeowner Construction Lien In Twichel v. MIC General Insurance (No. Recovery Fund was created in 1980 to protect 121822), the court determined that since Brady homeowners who pay in advance for a construc- SIES owned the vehicle at the time of the accident tion project that never materializes. This fund and that neither he nor the truck was insured at the bails out people who would either face a construc- time of the accident, the insurance company is tion lien on their home or force them to pay twice under no obligation to pay. The majority opinion for the same work. was signed by the conservative block of Maura CORRIGAN, Clifford TAYLOR, Robert The fund is kept afloat by $50 fees paid by new YOUNG and Stephen MARKMAN. contractors and builders. But every time the pot gets lower than $1 million, the DLEG director can call for the collection of the $50 fee from everybody. Change To MIRS’ Legislative Action Reports The first time the Department needed to do MIRS subscribers will notice a new look and this was in 1999 when the fund shrank to less than new functionality to MIRS House and Senate $400,000. Action reports. This time, the fund is at $983,000. That won’t As part of MIRS’ web page redesign, the way be enough to take care of the fund in the long- the reports are displayed on the web has been term, Hollister said. The last 11 years shows an improved to offer easier readability and printing average of 169 new claims per year, with a yearly directly from your web browser’s print window. average of $456,831 in judgments. Because of the enhancements, use of the PDF file format for the Legislative Action reports has been discontinued. Page 10 MIRS Capitol Capsule Tuesday, March 9, 2004

On This Day In Michigan History On March 9, 1908, shoppers fled five Albion stores as glass windows shattered and flew from their frames. Moments later, as the flooded Kalamazoo River washed away the dirt beneath the stores, they all toppled into the muddy waters.

—Source: Mich-Again’s Day.

"Providing balanced, objective coverage of the daily proceedings of Michigan's state government and quality services to our many customers." MIRS, Inc. staff: John T. Reurink • John H. Reurink • Jack Spencer• Jerry Crandall •Laurie Mwakanandi •Chaunte’ Piernas •Kyle Melinn •Tim Skubick © 2003 MIRS, Inc., entire contents copyrighted, all rights reserved. Any unauthorized reproduction, transmission or use in any manner without the express written permission of the publisher is strictly prohibited.