March 14, 2004 - March 20, 2004
Volume 2 Issue 12

In the Capitol
Focus: HB 4983 (Tobocman) Immigration Clerical Assistant Act
A bill to regulate certain transactions involved in immigration matters and the providing of services in those matters; to set standards and security requirements involving certain immigration matters and persons engaged in immigration matters; to create a registry; to provide for certain powers and duties for certain state agencies; and to provide for remedies and penalties.

On March 18, HB 4983 passed the House, 102-4. The bill is sponsored by Representative Steve Tobocman, a member of the State Bar. The bill will now be referred to the Senate.

The State Bar supports HB 4983. The Bar has long recognized the prevalence of unauthorized practice of law activities that victimize immigrant populations. The Assistant Regulation Counsel at the Bar was able to identify several cases where individuals receiving assistance from such individuals suffered severe harm. The Bar is hopeful that the passage of HB 4983 will provide an effective tool to address this problem

Focus: SB 990 (Bishop) Statute of Limitations: Service
Civil procedure; statute of limitations; provision regarding tolling of statute of limitations; revise to include that a copy of the summons and complaint be served upon the defendant within the time set forth in the court rules.

On March 17, SB 990 passed the Senate, 37-0. The bill is sponsored by Senator Mike Bishop, a member of the State Bar. The bill was referred to the House Judiciary Committee, which will hear testimony on the bill March 23 at 9:00 am. The Committee meets in room 308 of the House Office Buildin
g.

The State Bar has not yet taken a position on the bill, which was introduced on February 12, nor have any of its sections or committees. However, the Bar has received comments from members stating that SB 990 is of interest and benefit to all lawyers in Michigan.

The following analysis of the bill’s content was provided by the Senate Fiscal Agency:
The bill would amend the Revised Judicature Act to revise a provision that tolls (or suspends) the statute of limitations at the time a complaint is filed and a copy of the summons and complaint are served on the defendant. Under the bill, the statute of limitations would be tolled only if the summons and complaint were served on the defendant within the time set forth in the court rules. (Under the court rules, a summons expires 91 days after the date the complaint is filed. Within those 91 days, however, if the plaintiff shows due diligence in attempting to serve the original summons, the judge may order a second summons issued for a definite period of up to one year. When a summons expires, the action is considered dismissed as to a defendant who has not been served with the complaint, although the plaintiff may file a new action against the defendant.)

The bill also would delete a provision that tolls the statute of limitations at the time the complaint is filed and a copy of the summons and complaint in good faith are placed in the hands of an officer for immediate service, for up to 90 days after the officer receives the summons and complaint.

Committee meetings of interest for the week of 3/21.

3/23/04 House Judiciary

Agenda: SB 757 Penalties for landlords who repeatedly rent housing units without abating known lead hazards; SB 990 Provision regarding tolling of statute of limitations; revise to include that a copy of the summons and complaint be served upon the defendant within the time set forth in the court rules.

3/23/04 Senate Appropriations: Judiciary & Corrections

Agenda: Decisions regarding the FY 2004-05 Department of Corrections Budget

3/24/04 House Criminal Justice
Agenda: Legislation expected to be introduced and referred to the committee regarding: Secretly observing, recording, or capturing certain visual image; Guidelines for crimes of electronic surveillance

Complete Committee Meeting List

Capitol Agenda
View Full Text
(Detroit News, 3/20/04)

In the Hall of Justice
Elizabeth A. Barber Named Trial Court Collections Project Manager by Michigan Supreme Court; Improving Court Collections is Goal
View Full Text
(Michigan Supreme Court, 3/17/04)

At the Bar
Upper Michigan Legal Institute
June 11-12, Grand Hotel, Mackinac Island

Sections and Committees
The Probate and Estate Planning Section submitted the following:
Public Policy Report: HB 5307 Probate; trusts; uniform principal and income act; create.
Public Policy Report: SB 888 Children; support; method for reducing child support arrearage to judgments; create.
Public Policy Report: SB 1051 Probate; wills and estates; general amendments to the estates and protected individuals code; provide for.
Public Policy Report: ADM File 2003-60 Proposed Amendment of the MCR 5.125 (Interested Persons Defined)

Federal News
More Spending, New Tax Cuts Backed
View Full Text
(Washington Post, 3/18/04)

State News
Big Decisions Left up to State Voters

View Full Text
(Holland Sentinel, 3/15/04)

Activists Want Voting Act to Endure
View Full Text
(Oakland Press, 3/15/04)

Vote Falls Short on Death Penalty
View Full Text
(Lansing State Journal, 3/19/04)
See Also:
Death Penalty Defeated in State Legislature
View Full Text
(Macomb Daily, 3/19/04)

Legislation Introduced 3/16 – 3/18

HB 5647 Criminal procedure; probation; conditions of probation; include participation in drug treatment court. TIE BAR WITH SB 998.


HB 5657 Communications; technology; digital imaging to be archivally accepted; allow.

SB 1110 Corrections; parole; time between decision to grant parole and date of release on parole; limit.


Links of Interest
Public Policy Resource Center
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