March 28, 1997

Legislative & Political Week in Review

• The full Senate completed work this week on a number of budget bills, including those for the departments of State Police (SB 173), Environmental Quality, (SB 167), Natural Resources (SB 168), Military Affairs (SB 172), Family Independence (SB 169), Consumer and Industry Services and the Jobs Commission (SB 166), as well as for general government (SB 170) and the judiciary (SB 171).
• Does the legislative Joint Committee on Administrative Rules (JCAR) have the power to veto rules developed by executive branch administrators? Not a chance, says a unanimous court of appeals panel, which upheld two lower-court rulings on the matter; to permit the JCAR to veto rules would violate constitutional separation of powers provisions. "Once the legislature has delegated, by law, rule-making authority to an agency, it must abide by that delegation and not interfere with that authority until altered or revoked by law," the court declared. This is another in a string of legal victories for Governor Engler as he seeks to consolidate and clarify executive-branch policy discretion.
• And, speaking of executive-branch power consolidation, the governor’s move to transfer certain State Board of Education administrative functions to the state superintendent of public instruction took another turn this week. The governor initially proposed to appeal the preliminary injunction issued by an Ingham County Circuit Court judge that temporarily has halted the plan, but his office has confirmed that he will instead seek to have the entire suit (brought by the Democrat members of the board) dismissed.
• People who assault pregnant women will be facing new criminal sanctions—up to life in prison—under legislation passed unanimously by the Senate. The way for passage of SB 21 was cleared after removal of a provision stating that life begins at conception. Currently, under Michigan common law, no criminal charge can be brought against someone harming or killing a child not born alive.
• The Office on Services to the Aging henceforth will reside in the Michigan Department of Community Health (MDCH), moving from the Department of Management and Budget. The autonomous agency also gained new leadership in the person of Ms. Lynn Alexander. The Commission on Services to the Aging moved to the MDCH as well.
• The governor announced Wednesday plans to implement the Michigan Childhood Immunization Registry in the southeastern part of the state on April 1. When it is fully operational statewide, in the fall, the computerized registry will comprise a network of regional immunization information systems that will enable medical providers to easily determine a child’s vaccination history. While still slightly below the national average at 74.1 percent, Michigan’s immunization level for two-year-olds has increased 13 points since 1994 and 32 points since 1991.
• The first of a series of Michigan Public Service Commission hearings on its electric utility deregulation plans drew sharp criticism from Attorney General Frank Kelley and a host of business and consumer entities as well as potential electric competitors. One key issue is the procedure by which and the amount of money that Consumers Energy and Detroit Edison—the state’s two largest electricity providers—will be able to recoup on their "stranded investment." This reflects investments made over the years by current electric providers on behalf of their customers that presumably will be lost if other providers are allowed to compete. Opponents of the current deregulation plan claim that its stated goal of fostering competition will be thwarted by measures that stack the deck in favor of the incumbent utilities.
• Earlier this year Rep. Greg Pitoniak (D-Taylor) stepped down to become mayor of Taylor. In the May 20 special primary election to fill the legislative void in the 22d district, one of five Democrats will be selected to run in the June 17 general election against the lone Republican aspirant to file.
• The Senate has recessed for its annual spring break and will reconvene on Tuesday, April 15. Both legislative chambers will be on hiatus next week, as will Roundup. We resume coverage on April 11.