FOCUS:
Tax on Legal Services
On
March 15, the Michigan Senate voted to discharge SB
307 (proposed legislation
to implement a tax on services) from the Senate Finance Committee, which
means that the Committee will not vote on the legislation. The bill is now
before the full Senate.
The Senate Finance
Committee scheduled hearings around the state on the Governors proposed
2% sales tax on services plan. The State Bar of Michigan provided written
testimony at the March 15 hearing in Lansing and oral and written testimony
at the March 16 hearing in Grand Rapids stating opposition to a tax
on legal services.
Senate
Finance Committee Hearings:
3/19
Troy
3/22
Saginaw
3/23
Cadillac
In
related news, the Governor’s next Executive Order to implement
budgets cuts for the current fiscal year will be presented on March 22.
The Senate Appropriations Committee voted down the Governor’s first
proposed Executive Order on February 14.
The
House Tax Policy Committee has scheduled hearings this week on the
Governor’s
Michigan Business Tax Proposal.
3/20
Hearing Notice
3/21
Hearing Notice
Related News Articles:
Gov.
to Submit Budget Cuts
(Lansing State
Journal, 3/17/07)
Granholm
Tax Set for Possible Vote
(Lansing State
Journal, 3/16/07)
Some
Dems Reluctant to Embrace Tax Increase
(Lansing State
Journal, 3/15/07)
Analysts
call on Michigan to Solve Budget Crisis Soon
(Lansing State Journal, 3/13/07)
In
the Capitol
Committee
meetings of interest for the week of 3/19
3/19
House Judiciary Joint Meeting with House Appropriations: Corrections
Agenda: Review of policy affecting prison capacity management.
Morning Session: Presentation by the Michigan Department of Corrections and/or
Executive Office of the Governor: Truth in Sentencing; Sentencing Guidelines;
Prison Diversion; Parole Board and Parole System
Community Corrections; Michigan Prisoner Re-Entry Initiative
Afternoon Session: Public Testimony
3/20
House Ethics and Elections
Agenda item of interest: HB
4001 Require disclosure of contributions to legal defense funds
for elected officials.
3/20
Senate Judiciary
Agenda: SB
344 Eliminate certain conflicts with court rules and harmonize
with court decisions
3/21
House Judiciary
Agenda: HB
4184 Revise eligibility requirements for special alternative incarceration
programs for prisoners; HB
4272 Revise eligibility requirements special alternative incarceration
program as a condition of probation; HB
4475 Expedite commutation hearings and procedures for prisoners
who are terminally ill; HB
4249 Prohibit adverse possession of certain property if property
taxes are paid by title owner; HB
4217 Clarify application of Michigan consumer protection act to
actions expressly permitted by law clarify.
Complete
Committee Meeting List
New
Public Acts
Legislation
Introduced 3/13 - 3/15
Of Interest to the Legal Community
HB
4446 Criminal procedure; evidence; additional blood or urine sample
to be taken and preserved for later chemical testing if demanded within
15 minutes of initial chemical test; provide for. Amends sec. 625a of 1949
PA 300 (MCL 257.625a).
HB
4449 Health; occupations; judicial review of final determinations,
orders, or decisions of a peer review entity and release of certain
records, data, and knowledge relevant to that review pursuant to a
subpoena; provide for under certain circumstances. Amends secs. 16244,
21513 & 21515 of 1978
PA 368 (MCL 333.16244 et
seq.).
HB
4459 Crimes; definitions; gang felony crimes; create. Amends 1931
PA 328 (MCL 750.1 - 750.568)
by adding sec. 411u.
HB
4460 Criminal procedure; sentencing guidelines; sentencing guidelines
for gang felonies; enact. Amends sec. 16t, ch. XVII of 1927
PA 175 (MCL 777.16t).
TIE BAR WITH: HB
4459'07
HB
4466 Crimes; homicide; felony murder; include certain domestic
violence offenses. Amends sec. 316 of 1931
PA 328 (MCL 750.316).
HB
4473 Courts; other; statewide collection procedure for court orders
of indigent clients; establish and require attorney of indigent client
to assist in collection of fees. Amends secs. 6 & 15, ch. V of 1927
PA 175 (MCL 765.6 & 765.15) & adds
sec. 3d to ch. XI. TIE BAR WITH: HB
4474'07
HB
4474 Courts; other; indigent defense counsel fund; create. Amends 1961
PA 236 (MCL 600.101 - 600.9947)
by adding sec. 177. TIE BAR WITH: HB
4473'07
SB
344 Criminal procedure; other; certain conflicts with court rules;
eliminate and harmonize with court decisions. Amends secs. 16 & 16z,
ch. XVII, headings, ch. XVII & pt. 2, ch. XVII of 1927
PA 175 (MCL 777.16 & 777.16z) & adds
secs. 16aa & 16bb to ch. XVII.
| In
the Hall of Justice
Rule
Amendments
2007-02
- Amendment of Rule 2.107 of the Michigan Court Rules
The amendment corrects an incorrect reference.
Issued:
March 14, 2007
Effective: May 1, 2007
2007-02
- Amendment of Rule 2.314 of the Michigan Court Rules
The amendment corrects an incorrect reference.
Issued:
March 14, 2007
Effective:May 1, 2007
2007-02
- Amendment of Rule 3.216 of the Michigan Court Rules
This amendment corrects a reference to a relettered provision of MCL 55.502,
the Friend of the Court Act.
Issued:
March 14, 2007
Effective:May 1, 2007
2007-02
- Amendment of Rule 7.202 of the Michigan Court Rules
This change reflects the fact that after court reorganization accomplished
pursuant to MCL 600.1001 et seq., cases involving the termination
of parental rights are handled by the family division of circuit court, and
not by the juvenile division of probate court.
Issued:
March 14, 2007
Effective: May 1, 2007
2007-02
- Amendment of Rule 7.313 of the Michigan Court Rules
This change reflects the fact that two different motion fees are applicable
in the Michigan Supreme Court, and adds a reference so that both are included.
Issued:
March 14, 2007
Effective: May 1, 2007
2007-02
- Amendment of Rule 8.103 of the Michigan Court Rules
This change is required as a result of a previous amendment of MCR 8.110, dated
September 12, 2006, in ADM File No. 2004-42, requiring that the Delay in Criminal
Proceedings Report be submitted quarterly instead of monthly.
Issued:
March 14, 2007
Effective:May 1, 2007
2007-02
- Amendment of Administrative Order No. 1997-10
The amendment corrects an incorrect reference.
Issued:
March 14, 2007
Effective: May 1, 2007
2007-02
- Amendment of Rules 6.433, 7.204, and 7.210 of the Michigan Court Rules
These changes reflect relettered provisions of MCR 6.425.
Issued:
March 15, 2007
Effective:May 1, 2007
Administrative
Orders
Administrative
Order No. 1997 - File No. 2007-02
Access to Judicial Branch Administrative Information
Issued: March 14, 2007
Effective: May 1, 2007
Proposed
Amendments
2005-20
- Proposed Amendment of Rule 8.110 of the Michigan Court Rules
The proposed amendment of Rule 8.110 of the Michigan Court Rules would
allow a chief judge or the chief justice to request medical documentation
verifying the need for a judge’s or justice’s medical leave.
The decision to request medical documentation would be at the discretion
of the chief judge or chief justice. Failure to provide sufficient documentation
for sick leave or a sick-leave absence that last for more than 12 consecutive
weeks would require the chief judge or chief justice to report that fact
to the state court administrator, who would then be authorized to order
an independent medical examination.
Issued:
March 14, 2007
Comment period expires: July 1, 2007
Public Hearing: To be scheduled
At
the Bar
Judicial
Vacancy – 12th District Court
Hon. Charles J. Falahee, Jr. is vacating his seat on the 12th District Court.
State Bar members interested in applying for the judgeship should submit an application
by April 10, 2007.
View
Information
Federal News
White
House Opposes D.C. Vote
(Washington Post, 3/17/07)
State
News
House
Passes Bill Related to Damages in Auto Accidents
(AP/Mlive.com, 3/15/07)
House
OKs Bill to Crack Down on Automated Political 'Robocalls'
(Lansing State Journal, 3/14/07)
Proposal
Would Merge 2 Cities' Courts
(Detroit News, 3/13/07)
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