February 12, 1999

Legislative & Political Week in Review

• "The train has more than left the station," acknowledged Detroit Mayor Dennis Archer about Gov. John Engler’s proposal for a mayoral school takeover of that city’s troubled K–12 system. The concept was translated into proposed legislation this week as hearings on SB 297 began in the Senate Education Committee. The bill will implement a concept floated in Engler’s State of the State address whereby Detroit’s municipally elected school board would be dissolved and replaced by mayoral appointees. Champions of the measure applaud its potential for speeding reform in a system plagued with Michigan’s highest dropout rates and lowest standardized test scores. Opponents predict ominous consequences ranging from lawsuits to racial unrest if the overwhelmingly white legislature strips control of Detroit schools from a popularly elected body in a city with one of the state’s largest concentrations of nonwhite residents. The upper chamber’s Education Committee plans to send the measure to the full Senate next week, honoring the governor’s announced timetable of having a bill on his desk by Easter.
• With tax-cut legislation behind them, GOP lawmakers advanced their policy agenda another notch this week with passage of mandatory drug testing for welfare recipients. Twelve Democrats joined a unanimous Republican caucus to pass HBs 4090–91 establishing a three-county pilot program requiring drug testing for parents receiving state benefits. Recipients over age 65 are exempt unless they are responsible for the care of a minor. The Senate version of the measure, SB 138, also passed with solid GOP support augmented by two Democratic crossover votes. Criticized by opponents as stigmatizing and mean-spirited, the bills’ supporters argue that the pilot program—which mandates follow-up treatment for those testing positive for illegal drug use—is compassionate and will help protect Michigan children from potential neglect and abuse by addicted parents.
• House Democrats this week unveiled a plan for using a substantial part of Michigan’s share of tobacco settlement funds for smoking prevention programs. Endorsed by former Attorney General Frank Kelley—who was instrumental in settling the state’s successful $8.5 billion suit against tobacco companies—the Dems’ plan earmarks more than $100 million annually for a health and wellness fund to support local public health initiatives. Under the settlement, Michigan is scheduled to receive annual allotments averaging $328 million over 26 years. Governor Engler has proposed investing the funds in college scholarship programs. "These dollars were intended for health purposes," Kelley contends. "Investing a significant portion of them in improving the health of Michigan citizens is the best way to honor the settlement."
• State political party conventions held last week produced no surprises. The GOP faithful convened in Lansing and unanimously reelected state chair Betsy DeVos and committed themselves to retaining Republican control of the state House through the 2000 election cycle and subsequent legislative reapportionment. In Detroit, state Democrats reelected party chair Mark Brewer over challenger Steve Dart. Brewer’s successful candidacy was championed by Attorney General Jennifer Granholm—the party’s sole standard bearer in the current state administration.
• Thanks to the Durant education judgment, Michigan had a record year for lawsuit settlements in fiscal 1997–98. Of the more than $236 million paid to settle suits and judgments, the Durant case accounted for 84 percent, or just over $211 million. In releasing the report, the Senate Fiscal Agency notes that had it not been for Durant, the year’s payout total would have been one of the lowest on record.
• Opponents of four new Indian casino compacts lost the first round in a U.S. District Court suit last week with denial of their motion to halt automatic federal government approval of the agreements. The four compacts were approved late last year in a controversial legislative format involving use of a resolution rather than a bill. Two legislators and a county official have sued, contending unconstitutionality. U.S. District Judge David McKeague ruled that he did not have authority to enjoin the U.S. Department of Interior from acting on the compacts.