January 31, 2005 - February 6, 2005
Volume 3 Issue 5

In the Capitol
Committee meetings of interest for the week of 2/7/05
2/8/05 Senate Judiciary
Agenda: SB 102 Rename Ionia maximum correctional facility to Jack Welborn correctional facility; SB 170 Include in sentencing guidelines, establish certain warrant and police policies for domestic violence involving individuals who have had a dating relationship, and revise other sentencing guideline provisions in penalty provisions for violent crime committed in presence of a child.

2/9/05 House Judiciary
Agenda: Presentation by the Supreme Court on the Michigan Court System.
Topics will include: court jurisdiction, pilot/demonstration courts, functions of the Supreme Court and the State Court Administrative Office.

Complete Committee Meeting List

Capitol Agenda
(Detroit News, 2/5/05)

Legislation Introduced 2/1– 2/3
Of Interest to the Legal Community
HB 4090 Corrections; parole; release on parole of individual convicted of first degree criminal sexual conduct; prohibit under certain circumstances.

HB 4131 Corrections; state facilities; separate housing for prisoners who test positive for HIV or other dangerous or deadly communicable diseases; require.

HB 4160 Civil procedure; civil actions; limitation on recovery amount allowed in small claims suits; revise.

HB 4161 Family law; child custody; provision regarding presumption of custody in acknowledgment of parentage act; repeal.

HB 4167 Retirement; judges; retirement allowance for judges; increase.

HB 4169 Civil procedure; costs and fees; threshold for requiring attorney fee to be paid by party that rejected mediation; revise.

HB 4182 Construction; other; sale, lease, or rental of buildings containing asbestos, toxics, mold, or lead; provide for civil cause of action under certain circumstances.

HB 4210 Crimes; vehicle offenses; requirement for prosecution to show proof that a driver of a fleeing vehicle has knowledge of injuries; eliminate.

SB 113 Courts; juries; system for requiring jury service and excusing prospective jurors; revise and provide for a lengthy trial fund.

SB 120 Criminal procedure; evidence; prior acts of domestic violence; allow to be admissible as evidence.

SB 137 Occupations; forensic polygraph examiners; requirement for criminal history check of applicants; provide for.

SB 155 Corrections; parole; prisoners sentenced to life imprisonment with possibility of parole; revise parole hearing schedule.

SB 170 Crimes; domestic violence; certain warrant and police policies for domestic violence involving individuals who have had a dating relationship; establish and revise other sentencing guideline provisions.

Of General Interest
HB 4083 Elections; recall; criteria for recall petition; add.

HB 4084 Insurance; health; timely payment and review process; provide for disclosure of certain information to be included when certain adverse claim determinations are made.

HB 4093 Elections; absent voters; absent voter ballot; issue upon voter's request without requiring justification.

HB 4100 Legislature; legislators; persons authorized to administer oath of office to legislators; include district and circuit judges.

HB 4105 Single business tax; tax base; health care cost; eliminate from base.

HB 4110 Worker's compensation; benefits; reduction in benefits; prohibit for certain individuals.

HB 4124 Torts; malpractice; restrictions on persons to whom certified public accountants are liable for malpractice; revise.

HB 4133 Civil procedure; service of process; prohibition of process service on Sunday and election day; repeal.

HB 4137 Local government; other; option for certain government employees to opt out of receiving compensation; provide for.

HB 4139 Insurance; property and casualty; requirement for insurer to deal fairly and in good faith with individuals claiming benefits; provide for.

HB 4158 Elections; voting procedures; early voting; provide for.

HB 4174 Employment security; employers; definition of transfer of business; revise and provide penalties. TIE BAR WITH HB 4175'05, HB 4176'05, HB 4177'05, HB 4178'05

HB 4177 Employment security; administration; definition of successor employing unit and reference to commission; revise. TIE BAR WITH HB 4174'05, HB 4175'05, HB 4176'05, HB 4178'05

HB 4178 Employment security; employers; definition of employer; revise and clarify. TIE BAR WITH HB 4174'05, HB 4175'05, HB 4176'05, HB 4177'05

HB 4195 Elections; absent voters; absent voter ballot; issue upon voter's request without requiring justification.

HB 4199 Elections; absent voters; absent voter ballot; issue upon voter's request without requiring justification.

HB 4201 Elections; petitions; size of initiative and referendum petition form; revise.

HJR D Legislature; legislators; part-time legislature; provide for and revise salary level.

SB 114 Businesses; business corporations; conversion of limited liability companies into corporations; allow. TIE BAR WITH SB 0115'05

SB 115 Businesses; limited liability companies; conversion of corporations and limited partnerships into limited liability companies; allow. TIE BAR WITH SB 0114'05

SB 144 Elections; absent voters; qualifications for voting absentee; eliminate.

SB 145 Traffic control; driver license; resident address on driver license to be different than resident address on qualified voter file; permit.

SB 154 Elections; qualified voter file; on-line access to qualified voter file and voting participation; require.

SB 174 Employment security; employers; definition of employer; revise to accommodate anti-SUTA provisions. TIE BAR WITH SB 0171'05, SB 0172'05, SB 0173'05

In the Hall of Justice
Rule Amendments
2003-65 - Amendment of Rules 6.425, 7.210, and 8.119 of the Michigan Court Rules
The amendments were recommended by the Court of Appeals Record Production Work Group.
Issued: February 1, 2005
Effective: May 1, 2005

2004-11 - Amendment of Rule 6.445 of the Michigan Court Rules
The amendment requires a sentencing judge to advise a probationer whose probation is revoked that the probationer is entitled to appeal by right if the probationer’s underlying conviction resulted from a trial. Where the underlying conviction resulted from a plea of guilty or nolo contendere, the probationer would be entitled to file an application for leave to appeal.
Issued: February 1, 2005
Effective: May 1, 2005

2004-40 - Amendment of Rule 3.215 of the Michigan Court Rules (Domestic Relations Referees)
The amendments implement 2004 PA 210, which redefines “de novo hearings” and allows trial courts to give interim effect to a referee’s recommended order pending a hearing de novo pursuant to Michigan Court Rules.
Issued: February 1, 2005
Effective: May 1, 2005

2004-43 - Amendment of Rule 7.204 of the Michigan Court Rules
The amendment of MCR 7.204(A)(1)(c) clarifies that the 14-day time limit for seeking an appeal from an order termination parental rights or entry of an order denying postjudgment relief from an order terminating parental rights is limited to appeals from orders entered under the Juvenile Code. This limitation is consistent with MCL 710.65, which provides a 21-day limit for appeals from orders entered under the Adoption Code.
Issued: February 1, 2005
Effective: February 1, 2005
Order retaining amendment: February 1, 2005

2004-53 - Amendment of Rules 9.124 and 9.126 of the Michigan Court Rules
The amendments of MCR 9.124(B)(1) require a petitioner for reinstatement to file a personal history affidavit only with the grievance administrator and prevent its disclosure to the public except as provided by MCR 9.126. The amendment of MCR 9.124(B)(2) clarifies that a petition for reinstatement must be accompanied by both a publication fee and administrative costs imposed by MCR 9.128(B)(1). The amendment of MCR 9.126(C) clarifies that a personal history affidavit pursuant to MCR 9.124(B)(1) is a confidential document and is not open to the public.
Issued: November 2, 2004
Effective: November 2, 2004
Order retaining amendment: February 1, 2005

2002-34 and 2002-44 - Amendment of Rule 7.203 of the Michigan Court Rules
New subrule MCR 7.203(G) implements the Court of Appeals expedited summary disposition docket. Subrule (G) alerts litigants involved in appeals from orders disposing of summary disposition motions that they are to follow the procedures set forth in the administrative order.
Issued: October 5, 2004
Effective: October 5, 2004
Order retaining amendment: February 1, 2005

Proposed Amendments
2004-40 - Proposed Amendment of Rule 3.215 of the Michigan Court Rules
The amendments would establish how the record of a referee hearing will be provided to parties and would establish a procedure for a referred to submit a recommended order.
Issued: February 1, 2005
Comment period expires: June 1, 2005
Public Hearing: To be scheduled

At the Bar
Upper Michigan Legal Institute, June 10-11, 2005
Program | Registration | Hotel Reservation

Sections and Committees
The Standing Committee on Justice Initiatives submitted a public policy report recommending that the State Bar consider and adopt a position on the Proposed Change to FRCP 5(e) (Rule 5. Service and Filing of Pleadings and Other Papers; (e) Filing with the Court Defined.).
For a copy of this report, please email elyon@mail.michbar.org.

Federal News
Transcript: 2005 State of the Union Address
(WashingtonPost.com, 2/3/05)

State News
Lawmakers Announce Governor Bids
(Lansing State Journal, 2/4/05)

New Budget Process in Legislature Raises Concern Over Public Access
(Detroit News, 2/5/05)

Granholm Pushes to Add 36,000 Jobs
(Detroit New, 2/6/05)

Granholm May Face Her Toughest Year
(Detroit News, 2/7/05)

Huge Gap Looms for '06 Budget
(Lansing State Journal, 2/7/05)

Links of Interest
Public Policy Resource Center
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