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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 Building.
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)
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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.
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