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REPCWF NO 170, VOttThW .9 FRIDAY, SEPTEIIDER 12, 1900

SUPREME çmT OPERS tISCl{ nIEN1EIF1 C; TIlE BALlOT

A unanimous order by the supreme Court Friday night gained the $2 billion Tiech t3xcut anendment a spot or. the Tovebor ballot. The brief order reVCrOir.g a ctrcult courtruling that the axriendr,ont was legally faulty and could not appear on tho ballot wasis.ued shortly after 11 p.tt. about t,.o hours after the court co,ipletod hooting oralargwfldnts in a courtroo, crowded dth note than 100 parDons.

The opinion, explaining the bssio of the order, w,,ll be issued later. When it lastaddressed such a caso, the court said elections cure potS ties errors, if substantialcatpliance exists.

The Supre Court said it was persuaded the ta,c cut petitions complied with legalreqirnents to cite provisions of the constitution the anondrent would alter orabrogate. It ordered the Doerd o Stato Canvassero and other electwn officials t0proceed wIth processing the .mendnent * The beard has dogignated the jn.nd,tent asproposal. o. but has not taken the formality or certirying the osendrnont to the balot.The next deadline under law is for the form of the ballot proposal to be sent tocounty clerks by Septe,ter 16.

shiawassee County Dra2 coctenissioner Robert Tjsch, the amodrent’s Arcintect, calledthe order & victory for the people of Michigan.

Enet Lanejr.g attorney zolton Feroncy. who brought the legal th.llengc, wa notirtodiatety available for coturort. but following oral arguments had said queotfonsby the justices indicated they had read the briefs d prepared to tackle the questiun

Ingham County Circuit audgs Semes Giddingo in a sopterbor decision had agreed withMr. Ferency that the retitions did ,ot comply with requirotronts to irifon petItionsigners of all the fundanentel changes the omendnant would naka in the constitution.of particular inportance, the judge said, was the a,pendm,rtt’s tranofor to the people.fron the Legislature, of the power to tax and to iopove a 60 percent majorityrequirement rather than s–nple majority vote of the people to approve a tax increase.The petition did not cite either of those constitjtional seticno.

Joseph Raid, attorney for the Tisch Coalition for a Tax Cut in Michigan, argued thepetitions followed all, the requirestnte of the constitution. statutes and court ru’_ir,,Jsreaching back to 1333. tn fact, he d,clare th, petition, represented not even atechnical violation of those requirentc and that they did cite dory provisiondirectly affected by the propootd amenthaent,

lie contended the requLretonts outlined in the Giddings order anour.t to charging thenles in the middle of the galue. *We are requesting the court not to change the totes.It’s not fair. It’s rot constitutional, It denies Mr. Tlsch the right to precentthis proposal to the people, and more importantly, it denies the people the rightto vote on the prorosal."

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G0NcER :rs SERVICE VCIIIGAN REPORT #170 FRIDAY * SEPTEMBER 12, 1980

Robert Oetengoski, state solicitor cneraI representing State elections cficiais,called cn the justices to follow what he said has been an u:lsworving corn:.tnent otprior courts to a liberal constructic,. of the c stitLtici and stattcs to protectcivil rights. Ue said the lower court ‘a ruling would set such a narrow andstultifying !nterpretation that the constitutional right of the peoPle to initiateaseridjuents to the constitution would effectively be nullified.

The circuit court order i east harsh, east cruel in preventing the assertion ofa constitutional riqht. Please put this or’ the ballot so I Can vote against it,"he declared.

Mr. Ferency said, "The issue is not whether 420000 people signed the petItions,but whether they were otifSed of what they ware signing. Nine million people havea constitution and they’re entitled to have its provisions followod."

>r. Feror.cv also said constitutlon.l authority or courts and univoroitec to set feesand tuition rates would also be affected, yet those sections are riot cited Sn thepetitions.

?ir. Reid responded that the legislative, judicial and education articles would allremain operativol that their provisions would still apply, ecopt as it relates totax matters. lie was ur.able to answar a query from Supreme Court Chiet JusticeMary Colentan on hew the amendment would affect the govsrnor’o authority to veto orapprove leoislation, saying that .ould have to be left for uicial construction.

Under questioning from ustico Thomas Xavariagh, Xr. Reid defended us contentionthat the general provisions are only tangentially affected.

Under quest:ontng fren Justicos C * Nenflen Will tozs and Thomas Kavanagh, cr. paidcentinued to defend his toiutojitlor, .kat general prc:is lens on cs i;titut.o,-.1 authortyfor the branches of government arc cnly tangentially affected a. they reate to taxmatters. gt, Mr. WillIsms asked, Zf you stick a stilletto In a man’s heart, oreyou saying you haven’t affected the rest of his body?’

The rerenrt side also argued the case is now tcct, since state Lw raquirto Ce t fy pet it ions for the hal lot by Soptembe r S * but one o the j US Lithe point, and it was not robuttea by rinch lawyers. Nr Reid said he did ;ctconsider it a valid argumnnt because the board was prevented, by court ordcr Lionacting before the deadline.

The flsch anendeent ,.vuld roll procrty assesnents back to the 1978 leveli, cut theConstitutional maximum for asosswents to 25 percent.

Re said the n,tendinent would so chano the article on legiulanve pors--by requl ringall tovcr.Je raising matters be rorerrta to the people for approval--that the articieno longer would be operative, Whether a provisIon would renoir. operative has beenthe prior test of whether a section t0 altered er abrogated, ho said,

Mr. Mid responded that the legislative article would remain operative: that itsproviajens wstild still apply, except as it raittes to tax niattero. He said it isa general provision, which the on&ent would only tsngentia.ly affect, Underquestioning, ho said the same holds true for the general pellets of the gs?ornor toapprove or veto legislatto., and or the judicial branch and univorsitie,. to set teasfor interral sporatfons.

The oral arguments plowed en new ground--save the rontention by Mr - Feroncy that thecourt lacked the power to place the amendment on the ballot, due to expiration of aSeptember 5 deadline. Mr. Reid, who did not rebut the contention, later said it WASan invalid argument, since the board was prevented by court order Iron acting priorto the deadline.

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eGItWER XES SERVrCE MICIIIAfl REPOfl 7B FRInAY * Sepiten 12, 1900

The Tiach amendment would rofl property assessrents back tO 1976 levels. Cfl theconstitutional raximun for property assessments to 25 percent. from 50 percent oftrue cash value, require the Legislature to reimburse J.ooal ur.us for revenue lostbecause of the cut and roqviro a 60 percent majority vote of the people to approvenow or broadened taxes, wMch would ho defined as any fee, t.x, levy, charge, etc.,irposed by qoverrtment.

Mr. Giddings defended his ruling or. a television interview show taped Friday morning.saying an important point of law, not just legal technica.ities, wore involved.

TEXT OF TEE ORDER

Xore is the text of the Supreme Court order on the Tisch ajneridiuent 1aunuitThis couso having been brought to this cosrt by appeal prior to a docision by theCourt of Appeal. and argued by coijr.sol and duo deliberations having been had thereonby the court, it 1. hereby ordered that the judgment of the circuit court for thecounty of zngham ía reversed and the complaint filed in that court is disniosed.We are persuaded that the burden k.r.osod upon the intervening defendant by the pro-visions of VL 168 482 havo been tot.

Deendant secretary of state, the direc tot of elections and the third of state can-vasoers are directed to proceed forthwith to attend to their duties rc!asribod Irtconstitution lgG3. Article XII, section 2 arid ,CL 160.477 and such other statutoryduties as nay follow thereon observing in each instance to the maximum extendpractical the time ithits prescrib.d for the performance of such various duties.

Pursuant to General Court Rules 1963, 866.3. .the clerk is directed to 1s5u0 thisjudgment order forthwith. This judqnont is final. The opinior. of the court willfollow. :c csts are to be ts%ed.

,UI1BER OF law BUSINESSES U STATE INrEZASES NtLLlIfl LAYS

Despite the economic recession, rare new corporations wore registered to do businessin Michigan during the first eight rronths of 19a0 than 1979, Governor Mi].liken saidrriday. TM totals continued an increasing trend begun in 1976, ha said.

A total of 10,945 profit corporations registered with the Department of Cc:,jperce franJanuary to August, 277 mrc than registered Sri I97. Out of state cnporatlons Admitted to business in Michigan also increased fran 19, with 709 ecnpanies rcgisterir.9compared to 697.

lowover, the actual Auguat registrations in 1980 wore down by 113 frora 1979, with1,304 ricu corporations registering.

Mr MiLlikon said St was encouraging that buoiness exeoutive& are conti,uin to findMichigan a good place to do business, despite the economic skovdown.

MLLIXD SrGNS LAJ MAINTENMICE BILL

A measure simplifying procedures for conducting maintenance projectb tinder the inia,alakes and streams act was signed into law Thursday by Governor lilliken.

Under UB 5034 PA 262, Umtediate effect repairs made to a *tr,cture built under theinland lakes and streams act would not need a permit. Additionally projecto doneat multI-sites could be covered under one permit application. The new law will alsostreaz,lIr.e administrative procedures that are detertlined to cause only tinor envion-mental damage. Applications for such projects cou].d be approved without publichearings after site inspections.

REPORT ;o. 176, vOWME 19 page a FRIDAY, SEFwsER 12, 1980

HOUSE COMMITTEE MEETING SCHEDULE WEEK OF SEn. 15-19

916 MichIps ithuI Town UuIn& UIchpi 45933 TiI.hon. 517 4594317

?OAY, SEPTZMBSR U

Special Crititta. on Uoapital Bed Reduction flan for SoutheastMichigan, Rn. 420-0. lijO p.. -

1SDAY, fltMBER 16

Joint ‘W-.4tt.e eQ Administrative mile., ,. 420-P. B am.

Towns end Counties. Rn. 420-E, 9 am.RB 5905 Trim Create. and provides for caosition of adult foster care

residential facilities locating board.lIp 5906 Trim Creates and caosos child foster Care locating board.KB 5924 cushingberw Increases filing fees cit plate in subdivision control act.HE 5952 R. Smith Prohibits convicted felons frat, be.ng appointed a notaxy public.KB 6004 Sietsema Pamits certain county parks to be operated directly under

county hoard of oonftisaionsrs.MB 6006 Sietuene Execpts hearing ear dogs fron license fee t.quireneqt.

Otidiciary, at,. 3031j, 9 a.n.SB 538 Faxes prd,ibits blind bidding for notion picture theaters.SB 1106 Brown Consolidate. administration and reorg.nfles Wayne couaty court..KB 59l Nash Pernits spoil.. of ronarried natural permit to adopt child at

Spouse of affidavit wider certain conditions.lIB 6032 Wilson Requires the Public Service Co,siiasion to estabflsh utifonn

rats-making procedure for intrastate coc1on carriers.

Ippropriations, P. 119, 9t30 a.m.

urban Affairs Ms Transit mtcccutittes . l. 406, 10 a-rn.

Education, . 420-0, 10 am.SB 958 Young Allows public school buses to be used to transport residents

of a school district to school-sponsored events.SB 959 Young Allows school buono to be used by school district residents for

school sponsored evenca.

Econic novel- -ut end Ensr1 I. 420-5, 11 AdA.SR 490 rbin Reduces rtor fuel tax to 6-cents a gallon 0i alcohol-gasoline

fuels.

Absentee Ballot Conference Coitteo. "9 5299 * Thu. 420-li. 4 p.n.

WflIESDAY * TEKBSR 17

Taication, Rn. 420-D, 9 am.

GONGWERItwi flVICC. i.e

ArriattOns Transportation stcoKBittee * Thu. 119. 9i30 an,.

caGWER lIENS SERVICt BCjSI: COM.qnnr SChEDULE FOR ,mER OF S8PTEIDER 15-19 Continued

WEWESOAT, SEPTEMBER 17 Continued

senior Citizens and Retirement. Rn. 420, 11 am.58 832 Vanderlaan provides retircmor.t credit for ,iUtay service for public

school enployeos.10 5903 Hollistor provides pcranent free identification cards for senior

citizens.

Consumers * Rn. 420, ii am.RB 4053 Siatoema provides that a lien shall not attach against an O4ner, part

Owner Or lessee.

ATtiatiOns Capital Outlay subconmitte. * Psi. 302, 3’30 p.m.

Special Canittee ta Investigate Clinton valley Cont.r, . 420-D, 4:30 p.m.

*CQnservation, Environrent and Pocroation, house thambor. 7p.m.MD 4783 Cr. rown provide, hano standards for trapping.

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*Specjfl Ciittee Os Tourist Charter Industry. . 420-b, 7 p.m.

TIEURSDAY, SEPTEMBER 10

Labor. r. 420-2. 10 am.SB 413 Cgaztner Licenses and regulates security guards.SB 817 Kelly Creates cunity development coiosio’t and ouice of neighborhood

assistanc, within bepartlent of Labor.HE 4539 J. Young Expands doflaition of firefighter, training council to

include aixport authorities.He 5964 0wen Provides for deposit of health and esfety civil ponalties in

state general fund.

flenotes pibUc hearing.

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SENATE COMMITrEE MEErI&G SCHEDULE

Keek ofSeptczb 15lS, 1980

910 MIcNpn N.lkMITcnr lining. IIIflIpn USU Tiklionp 1517 409-4327

Mw!infltration end Roles. Wi. 401, 1,30 p.o.Dtscu.sioi, of tite provos.d revision, of Senate rUts.

Appropriations, F. 302, 2 p.m.sa 155 LHuffr4n Budgets for median .cltool. for fiscal 1980-el.80R* 759-765 CS, Hart Approves Conveyanc, of stats property to state Building

Authotity and approves lsuing of property baSk to state institutions.

WEDNESDAY. SEPTEMBER 17teelth and Social Services, . 401, 8,15 am.

SB 318 Mont Provide, for procedure to report and investigate r.port* of adultabuse or neglect.

Appropriations public Health Subcoitto,U . 302, 9 a.m.

State aad Veterans Affairs, . 402, 9 ann.SB 246 Frodricks Repeal. atato mechanics licening act.ifS 4214 Owen Regis.. and consolidates professional licmt.tht act.

Appropriations Stat, Police Subcc,,,tttee, . 302, lp.m.

3uiciaxy, l. 406, "30 p.o.SB 70 U. Hart Prohibits discriain.tidn due to sex of pax.at in child csstody cases.SD 624 fleGrow Allan use Ot blood tasts as evidonce £n paternity stdts.SB 044 urosni Provide, for one or more magistrates in district courts.SB 1095 CItsffman Exclude, toy trick noise makers Ero fh.wotks definition and

exempt, retailers vith inyentor9 for Ssr..diate salt fro storag.requiretnts.

SB 1128 VaMerLean GIVe, stepchildren right to take frc intestate stepparent’sestate

Em 4372 ffadenJ provides for apoaI to county i.apon. board if concealed eapansapplication 1’ dented. -

Ru 4614 O’ueill Require, notice by certified stall Of petition for change of childsupport aS require. partiso to report address changeo to friend of thecourt.

IIB 5218 CM. Brown provides for joint child c’stody.am 5399 Uasb ?rohthits manufacture, sale and pooseesion of *Ip1Odiag bullets.HB 5406 WilsonI General anondments to probate code.,m 5435 Cstabenow provides for warrantlen arrest in spouse abuse cases.‘33 5Mg 0. Brawn Clarifies rigbt of surviving spouse under probate cod..115 5771 CAilsy Provide, for tcrary service by agiotrates in different county

of nate district. ‘ -

Labor aM Retirensnt, Rn. 420k, 1:20 p.w.SB 706 Corbinl ulon retirement credit for city employees tar service rendered

Sn court of record fcr tl-t. exceeding one year.

TUBSDAY, SEFIEHOZR 16

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GOtGWER NEWS SERVICE SENATE COi*IITTSE SCIIpULX FOR WEEK OP SEPTE14a 1549, 1.980 cont’d

NB 4504 Coodak lowers age for national guard retiromont and provides benefits forsurviving spouse after 20 years of aervice.

‘lB 5605 rorbo. General ,iueadaents to construction code.Ha 5666 Forbes Exempt. ordinances rogarthnq construction code from requirements

of governors approval and rUing with aecr.tary of state.

Appropriations. . 302, 2 pt.

Stats and Veteran. Affair., I. 420 S. 3 p.m.113 4747 Spaniola Limits premiums paid from harness racing revenue at fairs and shows.

prtiations Capital Outlay Subcccmittee $ Ra. a02, 3;30 p.m.

Corporations aM Economic Develoant, 3m. 401, 4 p.c.SB 402 O’Brien Includes hotels and motels within industrial property definition

under plant rehabilitation districts.an 4737 Hertel proMbirs denial, of Snotnithent sale contracts because of residence

location.

ThUASOAT, SEPTEXRER 10

Environnental And Agricultural Affairs, 3m. 401, 1.30 p.c.HE 4095 Owen prohibits destruction of az,imats with high altitude detoapression

chamber. TO be re-referred fron Municipalities and Elections C,itte..113 4998 garcia Requires permit for use of sodin pentobarbital at dog pounds.Ha 561? Oongvillc General amendments to potato industry caission act.

Finance. Rc. 402, USa p.m.52 1116 Corbin allows countlos to collect delinquent taccs on pcraonal property.Es usi Ioss Increase. single bka.ine.e tax by 10 percent for businesses making

profit.SB 1244 Ross provides public accocnodations tax with revenues to be used for pro-

notion àf tourism and convention business.jiB 5340 Mahalak Removi. expiration date of railroad tax credit and requiras annual

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Transportation and Tourist Industries, . 406, l’30 p.m.83 121.4 CMacc Allow, road cois.ion ii, Upper Peninsula to contract with o.mer,

of private driveways to remove snow in counties without voted millagefor snow rova1.

Ha 5614 Deseausaaert Permits purchase of license plates and registration tabsfor more vtan6ns year.

It