Resolutions adopted during the 72nd Annual Convention of the Michigan State Conference NAACP on September 21, 2008

 Resolution #1:           HATE CRIMES

WHEREAS, hate crimes continue to plague and terrorize this state and nation and are on the increase.  They have a destructive impact not only on the victims, but on entire communities as well.

WHEREAS, the NAACP believes that states should continue to play the primary role in the prosecution of bias-motivated crime.  This measure will give civil rights organizations and local law enforcement agencies important tools to combat violence and bias-motivated crime.  State support – through training or direct assistance – will help ensure that hate crimes are effectively investigated and prosecuted. 

WHEREAS, hate crimes merit a priority response because of their personal impact on their victims.  These crimes – designed to intimidate whole communities on the basis of personal and immutable characteristics – can spark widespread neighborhood conflicts and damage the fabric of our society. 

WHEREAS, the Bias-Motivated Crime bill is necessary to help fight the continuing problem of crimes against race, religion, national origin, gender, disability or sexual orientation.  This legislation is an important step in the struggle to battle hate crime in Michigan; a battle that must be won if we are going to be able to protect all of our citizens, our nation and our democracy.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP urges Michigan government officials to demonstrate its resolve to deal with violent and vicious crimes based on prejudice.  Passage of a Michigan Anti-Bias Crime Statute, Senate Bill 0610 sponsored by Senator Hansen Clarke would increase public education and awareness, and encourage Michigan citizens to report bias-motivated crimes. 

Resolution #2             FORECLOSURE MORATORIUM

WHEREAS, imminent foreclosure for many Michiganders is largely due to demonstrably unaffordable mortgage loans under circumstances that show predatory lending tactics were used to dupe them, such as: deception, misrepresentation, fraud on the part of many lenders and agents.

WHEREAS, in 2007, 136,205 foreclosure notices were issued on 87,210 homes—or 1.95% of all homes in the state—according to RealtyTrac Inc. In Oakland County, there were 3,657 foreclosure filings in the period, a 45.7% increase from a year ago and 1.8% up from the previous quarter. The foreclosure rate is one filing for every 143 households. Macomb County filings totaled 3,023, up 26.2 percent from a year ago, and 9.41% from last quarter.

WHEREAS, the rate was one filing for every 116 households. Wayne County had a total of 12,042 filings for this period, a rate of one filing for every 68 households, which ranks sixth-highest among metro areas. The massive number of such foreclosures creates a depressed housing market that reflects poor lending practices and "hard sell" sales tactics more than it does weakness in Michigan’s economy.

WHEREAS, it is in Michigan `s interest to encourage settlements during moratorium periods instead of long litigation that prolongs, and prevents resolution of, this crisis.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP urges the Michigan State Legislature to adopt legislation to give homeowners in foreclosure crisis a temporary stay: a one-year or two-year moratorium on the execution of foreclosure for mortgages.

Resolution #3             PREDATORY LENDING

WHEREAS, points and fees are costs not directly reflected in interest rates. Because these costs can be financed, they are easy to disguise or downplay. On competitive loans, fees below 1% of the loan amount are typical. On predatory loans, fees totaling more than 5% of the loan amount are common.

WHEREAS, borrowers with higher-interest subprime loans have a strong incentive to refinance as soon as their credit improves. However, up to 80% of all subprime mortgages carry a prepayment penalty -- a fee for paying off a loan early. An abusive prepayment penalty typically is effective more than three years and/or costs more than six months’ interest. In the prime market, only about 2% of home loans carry prepayment penalties of any length.

WHEREAS, when brokers deliver a loan with an inflated interest rate (i.e., higher than the rate acceptable to the lender), the lender often pays a “yield spread premium" -- a kickback for making the loan more costly to the borrower.

WHEREAS, a lender "flips" a borrower by refinancing a loan to generate fee income without providing any net tangible benefit to the borrower. Flipping can quickly drain borrower equity and increase monthly payments -- sometimes on homes that had previously been owned free of debt.

WHEREAS, sometimes borrowers may pay more than necessary because lenders sell and finance unnecessary insurance or other products along with the loan.

WHEREAS, predatory lenders may steer borrowers into subprime mortgages, even when the borrowers could qualify for a mainstream loan. Vulnerable borrowers may be subjected to aggressive sales tactics and sometimes outright fraud. Fannie Mae has estimated that up to half of borrowers with subprime mortgages could have qualified for loans with better terms.

According to a government study, over half (51%) of refinance mortgages in predominantly African-American neighborhoods are subprime loans, compared to only 9% of refinances in predominantly white neighborhoods.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP calls on the Michigan State Legislature to revise the Consumer Mortgage Protection Act to protect citizens by law, from unfair lending practices.

Resolution #4             REDISTRICTING

WHEREAS, plans that will reduce the percentage of African American voters in Michigan’s majority African American state legislative districts have been prepared.

WHEREAS, there are 21 members of the Michigan Legislative Black Caucus and minority vote dilution is highly likely if these plans are used for reapportionment and redistricting,

WHEREAS, for African Americans and other minorities this would be "cruel gerrymander,"

WHEREAS, the NAACP Redistricting Project assists in the formal presentation of redistricting plans that will yield for African-American voters their fair share of electoral power and realistic opportunities to elect their candidates of choice.

WHEREAS, these plans are designed to serve as a benchmark against which proposed government plans will be analyzed.

WHEREAS, the plans are not presented as the plan that a jurisdiction should adopt or as actual boundaries from which a legislator should run for the office in question.

WHEREAS, The submission of alternative plans as a benchmark means that the alternative plans should be used to determine whether the proposed plans comply with the requirements of the Voting Rights Act.

WHEREAS, the alternative plans are presented to demonstrate the level of African-American voting empowerment that is possible in the jurisdiction and that should be found in a fair and equitable election district plan.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP will seek resources to immediately implement a Michigan NAACP Redistricting Project to prepare alternate redistricting plans.

Resolution #5             VOTER CAGING

WHEREAS, returned mail as the only basis to disqualify voters is an exclusionary technique called "voter caging," and

WHEREAS, The U.S. has a long history of impediments to vote used against under represented communities such as African Americans, Hispanic Americans, Asian Americans and other people of color, and students,

WHEREAS, There have been many accusations that postcard mailings have been used for voter caging in other states that lead to lawsuits.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP supports the Anti-voter caging legislation introduced in the U.S. Congress by the Congressman John Conyers and in the Michigan Legislature by Representative George Cushingberry.

Resolution #6             PURGING OF VOTER REGISTRATION ROLLS

WHEREAS, the Michigan Department of State, that manages voter registration records and driver’s license instantly cancels the voter registrations of Michigan voters who obtain driver's licenses in other states instead of issuing the proper confirmation of registration notices and following the other standard voter removal procedures required by the National Voter Registration Act of 1993 (NVRA), and,

WHEREAS, the Michigan Department of State, estimates that more than 280,000 voters are removed from the rolls of registered voters every year by these cancellations, and,

WHEREAS, Michigan state law requires municipality clerks to void the registrations of new-registered voters when their original voter I.D. cards are returned by the post office marked “undeliverable,”

WHEREAS, election officials in Detroit have reported that almost 30, 000 voters a year are cut from the rolls of registered voters by application this state election law, that contradicts the National Voter Registration Act as well as other federal and state laws. The National Voter Registration Act permits voters to stay on the voter rolls for at least two federal elections after their voter registration cards are returned.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP opposes the practices of voter registration cancellation based on out of state driver’s licenses and returned voter I.D. cards. Further, the Michigan State Conference NAACP will provide a Friend of the Court brief and other appropriate legal support to litigation that challenges these practices.

Resolution #7             HEALTH CARE REFORM

WHEREAS, protecting the welfare and well-being of Michigan’s citizens through adequate health care should be guaranteed by the Michigan Constitution.

WHEREAS, making healthcare affordable, comprehensive and of excellence quality for all Michigan’s citizens.

WHEREAS, health care reform and the positive influence it could have on the economy and the unemployment rate in Michigan should be made a top priority of the 2009 legislative session.

WHEREAS, the Divided We Fail Platform states:

We believe that the opportunity to have access to health care and long-term financial security is a basic need that all Americans share. We believe it is the foundation for future generations.

We believe all Americans should have access to affordable, quality health care.

We believe...

All Americans should have access to affordable health care, including prescription drugs, and these costs should not burden future generations.

We believe...

Wellness and prevention efforts, including changes in personal behavior such as diet and exercise, should be top national priorities.

We believe...

Americans should have choices when it comes to long-term care - allowing them to maintain their independence at home or in their communities with expanded and affordable financing options.

We believe all Americans should have peace of mind about their future long-term financial security.

We believe...

Our children and grandchildren should have an adequate quality of life when they retire. Social Security must be strengthened without burdening future generations.

We believe...

Workers should be provided with financial incentives to save, should have access to effective retirement plans, and should be able to keep working and contributing to society regardless of age.

We believe...

Americans of all ages should have access to tools to help manage their finances, and save for the future and better, easy to understand information to help them increase their financial literacy and manage their money wisely.

We stand as strong champions for the new American dream -- to build a 21st century America where these issues are paramount so that all people can have the opportunity for a prosperous future. We also believe that individuals, businesses, health care providers, non-profit organizations, and government must work together to find solutions –  

personally, privately and publicly. We represent tens of millions of Americans and we believe that all of us share a responsibility for making our society work and restoring peace of mind to all Americans.

This is our platform for positive change and our commitment to current and future generations.

Divided We Fail, but together we can do anything.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP urges the Michigan State Legislature to adopt and implement the Divided we Fail platform.

Resolution #8             PUBLIC DEFENSE SYSTEM

WHEREAS, the United States Constitution says you have the right to an attorney if you are accused of a crime, even if you cannot afford one.

WHEREAS, effective defense representation is fundamental to a working justice system. 

WHEREAS, in Michigan the public defense system is failing.  It is failing the taxpayers who fund it, fails the families who rely on it to keep them safe, and fails to adequately uphold the Constitutional rights of the accused.

WHEREAS, Michigan has shifted its Constitutional obligation onto the counties.  Michigan’s 83 counties have 83 different public defense systems with separate budget processes – which leads to 83 different levels of funding. 

WHEREAS, Michigan needs a public defense system that is not wasting taxpayer dollars or sending innocent people to jail. 

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP will work with the Campaign for Justice and calls for the right of all Michiganders, regardless of how much money they have receive quality and effective defense representation. 

Resolution #9             DIVERSE JUDICARY

WHEREAS, racial diversity enriches the quality of the judicial decision making process and offer a broader range of perspectives; and

WHEREAS, there is a need to increase diversity within law firms and in leadership positions in the state bar associations which provide a way to increase the pool of eligible potential candidates; and

WHEREAS, law schools, bar associations and state government bodies should invest resources in scholarships, mentoring programs and academic support activities to encourage the judiciary as a career path; and

WHEREAS, we support the appointment of judges who reflect more accurately the demographic diversity of the United States; and

WHEREAS, higher courts may have undermined the preservation of individual rights and set back long standing societal efforts to broaden the application of social justice principles; and

WHEREAS, it is the mission of the Michigan State Conference NAACP to advocate for more diversity on the judicial benches across the country, both state and federal, and

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP should make every effort to promote and encourage more diversity in law and in the judiciary. 

Resolution #10           Michigan Driver’s Responsibility Fee

To repeal Public Act 165 of 2003 (Driver’s Responsibility Fee) which assess excessive fees for traffic and driving related civil infractions.

WHEREAS, Public Act 165 was devised to balance the budget of the backs of Michigan’s underrepresented, working class, and poor citizens.

WHEREAS, the Secretary of State successfully petitioned the Michigan Supreme Court to prevent Judges from assign, reducing or dismissing points on Michigan drivers’ licenses.

WHEREAS, the Michigan Department of Treasury was given the authority to collect assessed fees and has wide ranging powers to garnish wages and seize property such as homes, bank accounts and other assets.

WHEREAS, people who reside in urban areas are more susceptible to being charged these fees because of insurance redlining.

WHEREAS, other states such as New Jersey and Virginia have ruled similar laws to be unconstitutional.

WHEREAS, African-Americans are disproportionately affected by Public Act 165 of 2003 because racial profiling and unequal treatment throughout the judicial process.

WHEREAS, the State of Michigan assesses over $100,000,000 every year in Driver’s Responsibility Fees and suspends the licenses of over 100,000 drivers predominantly in urban cities which are majority African-American.

WHEREAS, the Secretary of State’s office charges an additional $125 to reinstate one’s license when it only requires a simple push of a button on a computer.

WHEREAS, the Michigan State Conference of NAACP Branches has publicly called for the repeal of the Public Act 165 of 2003 through a press conference and testimony at Michigan Legislative hearings.

THEREFORE BE IT RESOLVED, that Michigan State Conference of NAACP Branches is calling for the Michigan Legislature and Gov. Granholm to immediately repeal Public Act 165 of 2003 and restore driving privileges to those whose licenses have been suspended as a result of Driver’s Responsibility fees.

Resolution #11           INTERNALLY DISPLACED PERSONS IN GULF COAST  DISASTERS

WHEREAS, the great majority of the internally displaced persons hardest hit by these tragedies were African-Americans, with limited means residing in New Orleans and the surrounding Gulf Coast areas, who experienced significant loss of life, suffered ravages, diseases, loss of possesses ions including their homes to the destructive winds and profound flooding; and

WHEREAS, the response to this catastrophe from the inadequate and incompetent local and federal governments that substantially contributed to further suffering; and

WHEREAS, the NAACP has assisted internally displaced persons with staff, resources and humanitarian assistance; and

WHEREAS, many of the internally displaced persons to this day still have not been repatriated, continue to go without basic necessities and amenities commonly enjoyed by most people in the U.S.A.; and

WHEREAS, there is still much work to be accomplished to exercise the right to return for the afflicted internally displaced persons in the Gulf Coast Region.

THEREFORE BE IT RESOLVED, that the Michigan State Conference NAACP will continue to use creative and innovative methods of funding and support to aid the internally displace persons in Gulf Coast disasters: Katrina, Rita, Gustav and Ike.