Spring 2002, Michigan Humane Society

Capitol Report, 2001 in Review NRC Grabs for Power and Doves with HB5478

In a replay of late 2000, those who wish to kill doves in our state once again suddenly had a bill introduced during the holidays, and late in the legislative session in order to catch the public and media off guard, and have a better chance of getting doves onto the state Game List to be hunted.

House Bill 5478 was introduced on November 29, 2001 by State Rep. Cameron Brown (R-Cass & St. Joe Counties). It would transfer all authority to put animals on or take animals off the state Game List from our elected legislative branch of government to the nonelected, seven member state Natural Resources Commission (NRC) which is appointed by the Governor. Moving on a "fast track," HB5478 was immediately scheduled for a Public Hearing in the pro-hunting House Conservation Committee on December 4th, and was favorably voted out of committee by a vote of 8-1. Rep. William Callahan (D-St. Clair Shores) was the only committee member who voted against it. He also spoke eloquently about how dangerous it is for legislators to give away their constitutional power. Rep. Ray Basham (D-Romulus and Taylor) was present but abstained from voting. As the bill moved to the full House for consideration, we once again swung into immediate action to try to stop HB5478 from being passed there.

The Michigan Humane Society (MHS) has fought this battle six times in the last 16 years, including our successful lawsuit against the Natural Resouce Commission (NRC) in the mid 1980s when they tried to put doves on the Game List without first getting legislative approval. That NRC grab for power was deemed unconstitutional by the courts, which also issued an injunction against NRC and DNR personnel from promoting dove hunting in any way. Because of their violations of this injunction when the dove hunting bill was being considered in the legislature in 2000, the MHS had its attorney notify the state Assistant Attorney General assigned to the NRC and DNR that we would report to the court any future lobbying violations by the NRC and DNR personnel.

Major newspapers across our state were editorializing against HB5478 and correctly perceived it to be an even greater threat than straightforward dove hunting bills of the past. That is because HB5478 would not only make it possible for the NRC to open a season against doves but, as citizens, we would lose our constitutionally guaranteed right of access to that branch of government most closely accountable to us our elected legislators. Clearly, that is exactly why the supporters of dove hunting were eager to get this bill passed into law. Since they have been repeatedly unsuccessful at persuading legislators to put doves on the Game List, this bill would mean they would never have to worry about public opposition to hunting doves or any other animal in the future. Any species of wild animal not on the Game List could be added without legislators having to listen to the views of all citizens.

The NRC has a long, documented history of disregarding the views of anyone but the most powerful hunting groups in our state. They don't even always follow the DNR's recommendations. In 1995 and 2000, two reputable Public Opinion Polls conducted by Epic/MRA showed that a majority of hunters in Michigan oppose dove hunting especially the farther north they lived in our state. Some legislators told us that the National Rifle Association told them that they would never receive any more campaign contributions or endorsements from the NRA if they didn't vote for HB5478. The Michigan United Conservation Clubs and Michigan Coalition of Responsible Gun Owners also supported the bill even though their own rank and file members oppose it. Supporters also told legislators that the ballot referendum known as Proposal G had already given the NRC this power to move animals on or off the Game List when, in fact, it only authorized the NRC to establish the manner in which game is hunted once an animal is on the Game List.

As a result of all our combined efforts, HB5478 was not brought up for a vote on the House floor before they adjourned for the year on December 13. Many House members who had voted for the straightforward dove hunting bill of 2000 were still in favor of dove hunting in 2001, but correctly perceived HB5478 as an unnecessary and foolhardy relinquishment of their constitutional power as legislators to make a major public policy decision. Also, a number of House members who had voted for the dove hunting bill in 2000 had already decided to never cast such a vote again because of massive constituent disapproval.

The MHS believes that HB5478 will languish on the House's floor calendar throughout 2002 and that, after the general election in late November, the NRA and its allies will try to get the bill brought up for a vote when large numbers of Representatives and Senators will not be returning because of term limits and can cast an unpopular vote without political consequences. For that reason, you need to take some time this coming spring and summer to meet the candidates running in both the primary and general elections and ask them to do the right thing and oppose HB5478 or any attempt to get doves on the Game List.

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