February 28 - March 5, 2006
Volume 4 Issue 9

In the Capitol
Committee meetings of interest for the week of 3/6
3/7 House Tort Reform
Agenda: Michigan’s Tort Climate - Comparison to other States; Presentation by Sherman Tiger Joyce, President of the American Tort Reform Association

3/7 Senate Judiciary
Agenda: SB 709 Increase penalty for certain criminal sexual conduct violations; SB 717 Revise sentencing guidelines for crime of first degree criminal sexual conduct to reflect increased penalties; SB 718 Prohibit parole of individual convicted of certain criminal sexual conduct violations; SB 816 Prohibit unlawfully using or tampering with a marine safety device resulting in death and provide penalty; SB 817 Enact sentencing guidelines for crime of using or tampering with marine safety device causing death.

3/7 Natural Resources and Environmental Affairs
Agenda item of interest: HB 4778 Clarify liability for injuries sustained by renters and users of rented nonmotorized watercraft.
Negligence Law Section Position: Oppose HB 4778

3/8 House Judiciary
Agenda: HB 5747 Prohibit human trafficking; HB 5748 Enact sentencing guidelines for human trafficking crimes; HB 5823 Allow deposit of forfeiture funds in a local financial institution and clarify interest earned remains with forfeiture funds; HB 5824 Allow deposit of forfeiture funds in a local financial institution and clarify interest earned remains with forfeiture funds.

3/8 House Local Government and Urban Policy
Agenda: HB 5124 Clarify inspection and reproduction of records and files in the office of the register of deeds.

3/9 Senate Families and Human Services
Agenda item of interest: HB 4161 Repeal provision regarding presumption of custody in acknowledgment of parentage act. Family Law Section Position: Oppose HB 4161

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 2/28 - 3/2
Of Interest to the Legal Community
HB 5758 Occupations; physicians; expert witness practice of medicine includes testimony on the appropriate standard of practice or care in an action alleging medical malpractice; provide for and create limited license. Amends secs. 16221, 16226, 16245, 17001 & 17501 of 1978 PA 368 (MCL 333.16221 et seq.) & adds sec. 16182a.

HB 5759 Torts; malpractice; qualifications to testify as expert witness in medical malpractice case; revise. Amends sec. 2169 of 1961 PA 236 (MCL 600.2169).

HB 5780 Appropriations; zero budget; general government; provide for fiscal year 2006-2007. Creates appropriation act.

HB 5784 Appropriations; zero budget; judiciary; provide for fiscal year 2006-2007. Creates appropriation act.

HB 5817 Land use; condemnation; payments to residential occupants who move due to condemnation actions; increase maximum. Amends sec. 2 of 1965 PA 40 (MCL 213.352). TIE BAR WITH: HB 5818'06, HB 5819'06, HB 5820'06, HB 5821'06

HB 5819 Land use; condemnation; timing of compensation payments in condemnation actions; revise. Amends sec. 9 of 1980 PA 87 (MCL 213.59). TIE BAR WITH: HB 5817'06, HB 5818'06, HB 5820'06, HB 5821'06

HB 5820 Land use; condemnation; provisions regarding escrowed compensation dedicated to cost of environmental remediation; revise. Amends sec. 8 of 1980 PA 87 (MCL 213.58). TIE BAR WITH: HB 5817'06, HB 5818'06, HB 5819'06, HB 5821'06

HB 5821 Land use; condemnation; procedures regarding just compensation and notice to occupants of property; revise. Amends sec. 5 of 1980 PA 87 (MCL 213.55). TIE BAR WITH: HB 5817'06, HB 5818'06, HB 5819'06, HB 5820'06

SB 1091 Appropriations; judiciary; judiciary budget; provide for fiscal year 2006-2007. Creates appropriation act.

SB 1098 Traffic control; traffic regulation; use of unmanned traffic monitoring devices at intersections; allow. Amends secs. 204a, 320a, 628, 629c, 732 & 907 of 1949 PA 300 (MCL 257.204a et seq.); adds secs. 615a & 649a & repeals secs. 615a & 649a of 1949 PA 300 (MCL 257.615a & 257.649a).

SB 1104 Civil procedure; costs and fees; cost of publishing legal notices; index to inflation. Amends sec. 2534 of 1961 PA 236 (MCL 600.2534).

SB 1106 Family law; marriage and divorce; marriage license fee increase, submission of a marriage application electronically, and marriage license affidavit as a nonpublic record; provide for. Amends secs. 2, 3 & 3a of 1887 PA 128 (MCL 551.102 et seq.).

SB 1110 Criminal procedure; probation; allowable term of probation for misdemeanor child abuse; increase. Amends sec. 2a, ch. XI of 1927 PA 175 (MCL 771.2a).

Of General Interest
HB 5772 Labor; collective bargaining; right to work state; create. Creates new act. TIE BAR WITH: HB 5771'06

HB 5802 Environmental protection; water pollution; CAFOs; provide for recovery of damages to natural resources and disposition of permit fees. Amends secs. 3115 & 3120 of 1994 PA 451 (MCL 324.3115 & 324.3120). TIE BAR WITH: HB 5801'06, HB 5803'06, HB 5804'06, HB 5805'06, HB 5806'06, HB 5807'06, HB 5808'06, HB 5809'06

HB 5807 Environmental protection; water pollution; CAFOs; provide for private civil actions against. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 8635. TIE BAR WITH: HB 5801'06, HB 5802'06, HB 5803'06, HB 5804'06, HB 5805'06, HB 5806'06, HB 5808'06, HB 5809'06

HB 5812 Administrative procedure; rules; regulatory flexibility for small businesses; provide for. Amends secs. 39, 40, 43, 45 & 53 of 1969 PA 306 (MCL 24.239 et seq.).

SB 1110 Criminal procedure; probation; allowable term of probation for misdemeanor child abuse; increase. Amends sec. 2a, ch. XI of 1927 PA 175 (MCL 771.2a).

SB 1117 Children; protection; referral of cases involving child exposure to methamphetamine production to the prosecuting attorney; require. Amends sec. 8b of 1975 PA 238 (MCL 722.628b).

SB 1118 Children; protection; provision regarding exposure to or contact with methamphetamine production; create. Amends sec. 18 of 1975 PA 238 (MCL 722.638).

SB 1119 Civil procedure; civil actions; action against persons who publish on the internet information on production or manufacturing of methamphetamine; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2975.

In the Hall of Justice
Anne M. Boomer Named Interim Administrative Counsel of Michigan Supreme Court

Oral Argument This Week Before Michigan Supreme Court: Schedule of Cases

At the Bar
State Bar of Michigan Request for Proposal - Collections/Subrogation Attorney

Sections and Committees
The Negligence Law Section submitted the following public policy report:
Oppose: HB 4778 (Palsrok) Torts; immunity; liability for injuries sustained by renters and users of rented nonmotorized watercraft; clarify. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 44520a.

Federal News
The Changing Face of Campaign Donors
(Washington Post, 3/6/05)

Ethics Panel Cut as Senate Lobby Reform Advances
(Washington Times, 3/3/06)

Think Your Lawmakers Don't Read Bills? Do It Yourself.
(Washington Post, 3/1/06)

State News
Lawmakers Rake It In
(Detroit News, 3/5/06)

Officials: Michigan Wrongly Freed 22 Prisoners Early
(Lansing State Journal, 2/28/06)

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