January 22 -28, 2007
Volume 5 Issue 4

In the Capitol
New Public Acts

Legislation Introduced 1/22 – 1/25
Of Interest to the Legal Community
HB 4001 Public employees and officers; ethics; disclosure of contributions to legal defense funds for elected officials; require. Creates new act.

HB 4032 Insurance; no-fault; recovery of civil damages for individuals operating a motor vehicle while intoxicated or impaired resulting in a traffic accident; prohibit. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).

HB 4046 Consumer protection; unfair trade practices; liability for inaccurate representations concerning risks of certain drugs, medications, and supplements; clarify. Amends secs. 2 & 3 of 1976 PA 331 (MCL 445.902 & 445.903).

HB 4066 Children; adoption; posthumous adoptions; provide for retroactivity for posthumous adoptions and medical assistance payments. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 56a to ch. X.

HB 4106 Criminal procedure; sex offender registration; individual found not guilty of a sex offense by reason of insanity to be placed on sex offender registry; require. Amends sec. 2 of 1994 PA 295 (MCL 28.722).

HB 4111 Civil procedure; statute of limitations; statute of limitations and statute of repose for actions against architects, engineers, and construction contractors; revise. Amends secs. 5805 and 5839 of 1961 PA 236 (MCL 600.5805 & 600.5839).

HB 4113 Education; reorganization; circuit court to hear appeal of property transfer; provide for. Amends sec. 971 of 1976 PA 451 (MCL 380.971).

HB 4128 Civil procedure; civil actions; payment of medical or psychological care for a child who was abused or neglected by a parent; provide for.

HB 4140 Family law; child custody; award of custody to parent convicted of criminal sexual conduct against his or her child; prohibit.

HB 4143 Watercraft; violations; certain marine safety misdemeanor violations; designate as state civil infraction.

SB 25 Disabilities; qualified interpreter for deaf or deaf-blind individual; define and provide in certain circumstances.

SB 28 Criminal procedure; sentencing; sentencing juvenile to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. TIE BAR WITH: SB 0006'07, SB 0009'07, SB 0040'07

SB 31 Corrections; parole; requirement for parole board to annually review prisoners subject to deportation; provide for.

SB 34 Criminal procedure; sentencing; requirement of presentence report for nonpayment of support; eliminate.

SB 40 Crimes; penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to exclude application to juvenile offenders. TIE BAR WITH: SB 0006'07, SB 0009'07, SB 0028'07

SB 44 Corrections; prisoners; issuance of identification and other cards upon release; require, and require prisoners to obtain certain records and provide certain information. TIE BAR WITH: SB 0045'07, SB 0046'07

SB 45 State; identification cards; forms of identification necessary to apply for state identification card; include corrections identification card and allow access to certain department of corrections data. TIE BAR WITH: SB 0044'07, SB 0046'07

SB 46 State; identification cards; forms of identification necessary to apply for driver license; include corrections identification card and allow access to certain department of corrections data. TIE BAR WITH: SB 0044'07, SB 0045'07

SB 88 Torts; governmental immunity; liability of a peace officer for injuries caused while rendering assistance outside jurisdiction; provide immunity.

Of General Interest
HB 4005 Retirement; state employees; early retirement for state employees; provide for. Amends 1943 PA 240 (MCL 38.1 - 38.69) by adding sec. 19k.

HB 4006 Traffic control; other; driver responsibility fees; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & repeals sec. 732a of 1949 PA 300 (MCL 257.732a).

HB 4044 Torts; product liability; immunity from liability for drugs that have been approved by federal food and drug administration; rescind. Amends sec. 2946 of 1961 PA 236 (MCL 600.2946).

HB 4045 Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years of repeal of the defense. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: HB 4044'07

HB 4075 Retirement; state employees; early retirement for certain employees; provide for. Amends 1943 PA 240 (MCL 38.1 - 38.69) by adding sec. 19k.

HB 4092 Criminal procedure; evidence; DNA testing upon arrest for certain crimes; require. Amends sec. 520m of 1931 PA 328 (MCL 750.520m).

SB 43 Torts; product liability; immunity from liability for drugs that have been approved by federal food and drug administration; rescind.

SB 62 Property; conveyances; termination of tenancy by the entireties; allow in cases of spousal abandonment.

In the Hall of Justice
Rule Amendments
2006-05 - Amendment of Rules 6.001, 6.610, 6.625, and 7.103 of the Michigan Court Rules
Please see staff comment for a summary of changes to MCR 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statues; MCR 6.610 Criminal Procedure Generally; MCR 6.625 Appeal: Appointment of Appellate Counsel; MCR 7.103 Application for Leave to Appeal.
Issued: January 23, 2007
Effective: May 1, 2007

2004-48 - Amendment of Rules 8.103, 8.108, and 8.109 of the Michigan Court Rules
These changes clarify that certified electronic operators do not have the authority to prepare transcripts. The amendments also increase the late renewal fee to $100, and remove references to approval by the state court administrator of recording devices, requiring instead that recording systems meet SCAO-approved standards.
Issued: January 23, 2007
Effective: May 1, 2007

2005-17 - Retention of Amendment of Rule 7.213 of the Michigan Court Rules
The amendment of MCR 7.213, which grants priority status in the Court of Appeals to cases involving election issues, ordered February 23, 2006 is retained.
Issued: January 23, 2007
Effective:January 23, 2007

2004-42 - Retention of Amendment of Rule 8.110 of the Michigan Court Rules
The amendment of MCR 8.100, which eases the reporting requirements for trial courts submitting information in the Delay in Criminal Proceedings Report, ordered September 12, 2006 is retained.
Issued: January 23, 2007
Effective: January 23, 2007

At the Bar
“We the People USA Inc.” Injunction: State Bar Acts to Protect Public from the Unauthorized Practice of Law

Federal News
Supreme Court Strikes Down California's Sentencing Law
(Washington Post, 1/23/07)

State News
Granholm Makes Appointments, Reappointments to Workers' Compensation Board of Magistrates
(Newswire, 1/26/07)

Senate Republicans Propose $290M Tax Decrease for Michigan Businesses
(Lansing State Journal, 1/26/07)

Weaver Formalizes Call for Inquiry of High Court
(Lansing State Journal, 1/25/07)

Mix of Vets, Newcomers to Lead State House Panels
(Lansing State Journal, 1/25/07)

Granholm Names 2 to Board of State Canvassers
(AP/MLive.com, 1/23/07)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines