March 13 - March 19, 2006
Volume 4 Issue 11

In the Capitol
Committee meetings of interest for the week of 3/20
3/21 House Commerce: Business Regulation
Agenda: Discussion on the Administrative Procedures Act and its impact on Michigan Businesses

3/21 House Tort Reform
Agenda: Advocacy For and Against Tort Reform

3/21 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 1112 Revise responsibility for certain decisions regarding environmental contamination; SB 1146 Provide penalties for knowingly or willfully concealing or harboring certain individuals; SB 1147 Enact sentencing guidelines for crime of harboring a person for whom a felony warrant has been issued.

3/21 Senate Finance
Agenda: SB 1170 Repeal single business tax; Pending referral: HB 5743 Provide for repeal of single business tax.

3/21 Senate Families and Human Services
Agenda item of interest: SB 535 Allow proven drug use history and convictions to be used when determining custody of child.
Family Law Section Position: Oppose SB 535

3/22 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:
Oppose as drafted
: HB 5698
Support with amendment: HB 5699
Oppose bill, Support creating a parenting plan form: HB 5701
Oppose: HB 5703

3/23 House Judiciary Subcommittee: Michigan’s Sex Offender Registry Act
Agenda: Public Testimony

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 3/14 - 3/16
Of Interest to the Legal Community
SB 1144 Law enforcement; fire personnel; act providing immunity to firefighter instructors; amend to reflect amendments to fire fighters training council act. Amends sec. 1 of 1988 PA 456 (MCL 29.401). TIE BAR WITH: HB 5860'06

SB 1145 Law enforcement; fire personnel; act providing immunity to institutions of higher education and health facilities that train firefighters; amend to reflect amendments to fire fighters training council act. Amends sec. 2 of 1988 PA 457 (MCL 29.412). TIE BAR WITH: HB 5860'06

SB 1149 Torts; malpractice; procedure for affidavit of merit for medical malpractice; revise. Amends sec. 2912d of 1961 PA 236 (MCL 600.2912d). TIE BAR WITH: SB 1150'06

SB 1150 Torts; malpractice; procedure for affidavit of meritorious defense in medical malpractice action; revise. Amends sec. 2912e of 1961 PA 236 (MCL 600.2912e). TIE BAR WITH: SB 1149'06

Of General Interest
HB 5852 Elections; special elections; use of state funds for special elections to fill a vacancy in the state senate or house of representatives; require. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 634a.

HB 5854 Property tax; tax tribunal; appeals process; modify. Amends secs. 35 & 37 of 1973 PA 186 (MCL 205.735 & 205.737).

HB 5874 Occupations; code; remedies and penalties for violations of the code; increase and extend certain provisions to all occupations regulated by the code. Amends secs. 104, 601, 602, 603, 604, 728, 1009, 1019 & 2412 of 1980 PA 299 (MCL 339.104 et seq.); adds sec. 2006 & repeals secs. 916 & 2512a of 1980 PA 299 (MCL 339.916 & 339.2512a). TIE BAR WITH: HB 5875'06

HB 5881 Civil procedure; civil actions; civil action for violation of the coercive abortion prevention act; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2975. TIE BAR WITH: HB 5882'06

HB 5882 Crimes; other; coercive abortion prevention act; create. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 15a.

HB 5889 Labor; hours and wages; "comp time" credits as alternative form of compensation to overtime wages; provide for. Amends sec. 4a of 1964 PA 154 (MCL 408.384a).

HB 5892 Elections; other; ballot question of whether to call a constitutional convention; provide for. Creates new act.

SB 1131 Human services; services or financial assistance; fee for obtaining certain benefits; revise eligibility requirements. Amends sec. 44 of 1939 PA 280 (MCL 400.44).

SB 1146 Crimes; other; penalties for knowingly or willfully concealing or harboring certain individuals; provide. Amends sec. 199 of 1931 PA 328 (MCL 750.199).

SB 1147 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of harboring a person for whom a felony warrant has been issued; enact. Amends sec. 16j, ch. XVII of 1927 PA 175 (MCL 777.16j). TIE BAR WITH: SB 1146'06

SB 1170 Single business tax; repeal; single business tax; repeal.

In the Hall of Justice
Law Career Programs for Junior High, High School Students to be Offered by Michigan Supreme Court Learning Center

At the Bar
FOCUS: Should the current statutory minimums on dram shop and auto insurance be increased? In last week’s Update, we asked for your responses regarding a member statement posted on the SBM Public Policy Resource Center on statutory minimums on dram shop and auto insurance. Read Your Colleagues’ Comments
Please note: As a mandatory bar, the State Bar of Michigan’s ideological activity is limited in scope under AO 2004-01. The legislation addressed in the comments may fall outside of the Bar’s limitations. In all matters of interest to members, the State Bar urges its members to get involved at a grassroots level or as a member of a Section (Sections are able to advocate on issues the SBM cannot) to advocate for issues of import to the profession and for the good of the public. If you have any questions regarding this or other policy matters, please contact Elizabeth Lyon at 1-800-968-1442, ext. 6325 or elyon@mail.michbar.org.

Judicial Vacancy - 16th Circuit Court
Hon. Deborah Servitto is vacating her seat on the 16th Circuit Court. State Bar members interested in applying for the judgeship should submit an application by March 24, 2006. View Information

ATJ Campaign Raises $20,000 in West Michigan Corporate Gifts

State Bar of Michigan Staff Update

Sections and Committees
The Prisons and Corrections Section submitted a public policy recommendation regarding a prisoner telephone call policy. The position is recommended for consideration by the State Bar.

State News
Blogs a Pipeline to Michigan Politics
(Lansing State Journal, 3/19/06)

House Votes to Repeal Single Business Tax Two Years Early
(Lansing State Journal, 3/17/06)

Forum: Michigan's Tax, Budget Systems Counterproductive
(Lansing State Journal, 3/15/06)

Minimum Wage Hike Gets OK from House
(Lansing State Journal, 3/15/06)

Links of Interest
Public Policy Resource Center
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