In
the Capitol
Committee
meetings of interest for the week of 3/13
3/14
House Tort Reform
Agenda:
History of Tort Reform in Michigan, Presentation by former Governor John
Engler
3/14
House Judiciary
Agenda: HB
5421 Clarify sentencing; penalties for certain sex offenders; HB
5422 Revise jurisdiction of parole board over prisoner convicted
of violent first degree sexual conduct against an individual less than
13 years old; HB
5531 Provide for mandatory lifetime electronic monitoring of persons
convicted of certain criminal sexual conduct crimes and establish penalties
for tampering with electronic monitoring device; HB
5532 Provide for lifetime satellite tracking of certain sex offenders;
HB
5533 Enact sentencing guidelines for crime of tampering with electronic
monitoring device.
3/14
Senate Judiciary
Agenda: SB
1104 Index to inflation cost of publishing legal notices; SB
1110 Increase allowable term of probation for misdemeanor child
abuse; SB
1115 Require website disclosure referencing methamphetamine sites
and certain cleanup procedures; SB
1119 Provide for action against persons who publish on the internet
information on production or manufacturing of methamphetamine; FOCUS: SCR
39 A concurrent resolution to request the State Bar of Michigan
and the National Legal Aid and Defender Association to issue a joint
report to the Legislature on the number and types of cases and the
costs resulting from court-appointed attorneys for indigent criminal
cases in Michigan.
The
State Bar believes that the collection of accurate information is essential
in assessing the current environment for the delivery of public defense
services to most appropriately decide upon a recommended course of
action. It is our pleasure to work jointly with the National Legal
Aid and Defender Association to collect this information. The State
Bar fully supports the adoption of SCR 39.
3/14
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
3/14
Senate 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
3/15
House Family and Children Services
Agenda: HB
5698 Require a divorce effects program before entry of judgment
of divorce; HB
5699 Require premarriage program or longer waiting period as prerequisites
for issuance of a marriage license; HB
5700 Provide for marriage preservation tax credit; HB
5701 Create child parenting plan;
HB
5702 Expand individuals who can accept payment and perform marriage
and family counseling; HB
5703 Require recording of certain information on marriage license and
certificate.
Family
Law Section Positions: See Sections and Committees
3/16
House Judiciary Subcommittee: Michigans Sex Offender Registry Act
Agenda: Presentation by Alica Urbain (House Republican Policy), Matt
Bolger (MSP) and KC Steckelberg (Prosecuting Attorneys Association of
Michigan) regarding Michigans sex offender registration laws and the
federal requirements.
Complete
Committee Meeting List
Legislation
Recently Signed into Public Acts
Legislation
Introduced 3/7 - 3/9
Of
Interest to the Legal Community
HB
5836 Cemeteries
and funerals; burial or cremation; persons entitled to make funeral and
burial arrangements for a deceased; revise language in public health
code to reflect changes in estates and protected individuals code. Amends
secs. 2851, 2855 & 10108 of 1978
PA 368 (MCL 333.2851 et
seq.) & repeals secs. 2651 - 2663 of 1978 PA 368 (MCL 333.2651 - 333.2663).
HB
5851 Torts; personal injury; asbestos and silicosis compensation
fairness act; create. Amends sec. 5827 of 1961
PA 236 (MCL 600.5827) & adds
ch. 30 & sec. 5840.
SB
1122 Corrections; parole; electronic monitoring by global positioning
devices of sex offenders while on parole; require. Amends sec. 36 of 1953
PA 232 (MCL 791.236) & adds
sec. 7b.
SB
1123 Torts; personal injury; asbestos and silicosis compensation
fairness act; create. Amends sec. 5827 of 1961
PA 236 (MCL 600.5827) & adds
ch. 30 & sec. 5840.
SB
1128 Family law; child custody; modification of child support assessment
for certain military personnel; provide for. Amends 1982
PA 295 (MCL 552.601 - 552.650)
by adding sec. 15a.
Of
General Interest
HB
5826 Human services; medical services; certain provisions that allow
sheltering assets from medicaid; revise. Amends 1939
PA 280 (MCL 400.1 - 400.119b)
by adding sec. 107a.
HB
5827 Human services; medical services; estate recovery program
for medicaid; implement. Amends 1939
PA 280 (MCL 400.1 - 400.119b)
by adding secs. 112g, 112h, 112i & 112j. TIE BAR WITH: HB
5828'06, HB
5829'06
HB
5829 Probate; wills and estates; estate recovery program for medicaid;
implement. Amends sec. 3805 of 1998
PA 386 (MCL 700.3805).
TIE BAR WITH: HB
5827'06, HB
5828'06
HB
5830 Campaign finance; campaign practices; acceptance of campaign
contribution from a political action committee established by organization
that candidate previously was or presently is associated with; prohibit.
Amends 1976
PA 388 (MCL 169.201 - 169.282)
by adding sec. 55a.
HB
5841 Crimes; controlled substances; methamphetamine reporting;
require of certain state agencies. Creates new act.
HB
5842 Children; protection; requirement for department of human
services to assist and cooperate with law enforcement officials when
child has been exposed to methamphetamine; provide for. Amends secs.
3 & 8 of 1975
PA 238 (MCL 722.623 & 722.628).
HB
5843 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).
HB
5844 Children; protection; reporting requirements for child suspected
of having been exposed to or having had contact with methamphetamine
production; establish. Amends sec. 3 of 1975
PA 238 (MCL 722.623).
| In the
Hall of Justice
Anne
M. Boomer Named Interim Administrative Counsel of Michigan Supreme
Court
Proposed
Amendments
2004-44
- Proposed Amendment of Rules 3.977 and 7.210 of the Michigan Court Rules
The amendment of MCR 3.977 would allow and attorney to order only those
transcripts necessary for an appeal from order terminating parental rights.
The amendment of MCR 7.210 would exempt appeals from orders terminating
parental rights from the general requirement that the appellant order
the full transcript of trial court testimony and other proceedings.
Issued: March 7, 2006
Comment period expires: July 1, 2006
Public Hearing: To be scheduled
2004-26
- Proposed Amendment of Rule 8.110 of the Michigan Court Rules
The proposed amendment of MCR 8.110(B)(1) would change the requirement
that recommendations for chief judge be submitted no later than October
1 of each odd-numbered year to September 1.
Issued: March 7, 2006
Comment period expires: July 1, 2006
Public Hearing: To be scheduled
Other
Actions
2006-01
- Appointment of Chief Judge of the Genesee County Probate Court
Issued: March 7, 2006
2006-01
- Appointment of Chief Judge of the Lenawee County Probate Court
Issued: March 7, 2006
At
the Bar
FOCUS: Comment
submitted by SBM member Paul Frumkin on March 9, 2006 regarding minimum
insurance. “…The
time has come to re-examine statutory minimums on dramshop and auto insurance,
which are $50,000 and $20,000, respectively, and which have not been increased
since 1974. …” Read
Entire Comment
Do you agree or disagree with this member comment? Submit
Your Response
Judicial
Vacancy - 10th Circuit Court
Hon. Leopold P. Borrello is vacating his seat on 10 th Circuit Court.
Any State Bar members interested in applying for the judgeship should
submit an application by March 20, 2006.
Lawyers
and Veterinarians Come Together for Symposium
Equal
Access Initiative Distributes Compact Disc to Help Young People Navigate
the Legal System
Sections
and Committees
The Judicial
Conference submitted a revised
position regarding the package of bills on preliminary exams.
The
Family Law Section submitted the following public policy reports:
Support,
Recommend amendments: HB
5495 Family law; marriage and divorce; affidavit filed with complaint
for divorce stating all issues of the divorce have been resolved by
both parties; allow. Amends sec. 6 of 1846 RS 84 (MCL 552.6).
TIE BAR WITH: HB
5496'05
HB
5496 Family law; marriage and divorce; 6-month waiting period before
finalizing a divorce; provide exemption if both parties have resolved
all issues before filing for divorce. Amends sec. 9f of 1846 RS 84
(MCL 552.9f).
TIE BAR WITH: HB
5495'05
Oppose
as drafted: HB
5698 Family law; marriage and divorce; divorce; require a divorce
effects program before entry of judgment of divorce. Amends 1846 RS
84 (MCL 552.1 - 552.45)
by adding sec. 5.
Support
with amendment: HB
5699 Family law; marriage and divorce; prerequisites for issuance
of a marriage license; require premarriage program or longer waiting
period. Amends title & secs. 2, 3 & 3a of 1887
PA 128 (MCL 551.102 et
seq.) & adds secs. 2a & 2b. TIE BAR WITH: HB
5700'06HB
5702'06, HB
5703'06
Oppose,
Support creating a parenting plan form: HB
5701 Family law; child custody; child parenting plan; create. Amends
title & secs. 1, 2, 4 & 11 of 1970
PA 91 (MCL 722.21 et
seq.) & adds secs. 5a, 5b, 5c, 5d, 5e & 5f. TIE BAR WITH: HB
5698'06
SB
1045 Family law; child custody; child parenting plan; create. Amends
title & secs. 1, 2, 4 & 11 of 1970
PA 91 (MCL 722.21 et
seq.) & adds secs. 5a, 5b, 5c, 5d, 5e & 5f.
Oppose: HB
5703 Family law; marriage and divorce; recording of certain information
on marriage license and certificate; require. Amends sec. 4 of 1887
PA 128 (MCL 551.104).
TIE BAR WITH: HB
5699'06, HB
5700'06, HB
5702'06
Federal
News
Senators
Vote to Forgo Lobbyist-Bought Meals
(Washington Post, 3/9/06)
State
News
Macomb
County Looking at Adding Circuit Judge
(Free Press, 3/13/06)
Senate
OKs Minimum Wage Hike
(Lansing State Journal, 3/10/06)
List
of Ballot Initiatives Could be Longest Since '78
(Lansing State Journal, 3/10/06)
House
Panel Votes to End SBT in '07
(Lansing State
Journal, 3/10/06)
See
Related:
Republicans
Preparing to Tackle Single Business Tax
(Lansing State Journal, 3/9/06)
GOP
Takes Aim at Business Tax
(Detroit News, 3/9/06)
End
of Road for Junkets?
(Detroit News, 3/9/06)
Chamber
Pushes to Protect Drug Makers
(Lansing State Journal, 3/8/06)
Cunningham
Won't Take State Post
(Lansing State Journal, 3/6/06)
Michigan's
Income Tax Still Hits Poor
(Lansing State Journal, 3/6/06)
State
Legislature Ranked as 6th Costliest
(Lansing State Journal, 3/6/06)
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