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In
the Capitol
Committee
meetings of interest for the week of 3/28.
3/30/04 House Judiciary
Agenda: HB
5467 Prerequisites for issuance of a marriage license; HB
5468 Marriage preservation tax credit; HB
5469 Criteria for program to qualify for marriage preservation tax
credit; HB
5470 Educational predivorce program; HB
5471 Procedures and content (child custody act); HB
5472 Certain criteria for determining interests of the child; HB
5473 Recording of certain information on marriage license and certificate;
HB
5474 Individuals who can accept payment and perform marriage and family
counseling.
3/30/04 Senate Judiciary
Agenda: HB
5029 Mourning doves; HB
5307 Uniform principal and income act; SB
1051 Estates and protected individuals code; SB
912 Sentencing guidelines for crime of reproducing, altering, counterfeiting,
forging, or duplicating Michigan personal identification card; SB
913 Reproducing, altering, counterfeiting, forging, or duplicating
Michigan personal identification card; HB
5466 Length of delegation of parental powers by individuals serving
in armed forces.
Probate
and Estate Planning Section Position: Support HB
5307
Probate and Estate
Planning Section Position: Support SB
1051
3/31/04
House Criminal Justice
Agenda: SB
783 Antihazing act; SB
784 Sentencing guidelines for hazing crimes.
Complete
Committee Meeting List
Capitol Agenda
View
Full Text
(Detroit News, 3/27/04)
In
the Hall of Justice
State
Supreme Court Justice Kelly Kicks off Re-election Campaign, Justice Markman
also Campaigning for Re-election
View
Full Text
(Lansing State Journal, 3/23/04)
Randall
Wilger, Long-Time Foster Care Review Board Member, Honored by Michigan
Supreme Court
View
Full Text
(Michigan Supreme Court, 3/24/04)
At
the Bar
State
Bar Names McCree Award Winners
Sections
and Committees
The Civil Procedure and Courts Committee submitted the
following recommendations for State Bar action on public policy issues.
For a faxed copy of the complete reports, please call (517) 346-6325 or
email ELYON@mail.michbar.org.
HB
5381 Liens; other; a judgment lien; provide for.
Position: Oppose
SB
932 Children; custody; custody jurisdiction; clarify when parent with
custody relocates.
Position: Oppose
SB
941 Civil procedure; civil actions; authority of circuit court to
remand cases in which damages appear to be within the jurisdictional limits
of the district court to district court; provide for.
Position: Support, provided subsection 6 is deleted
SB
990 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.
Position: Support
The Probate and Estate Planning Section submitted the
following public policy reports.
2003-60 - Proposed Amendment of Rule 5.125 of the Michigan Court Rules
- The proposed amendment would add such entities as insurance companies
to the list of interested persons who must receive notice of a proceeding
for an examination of an account of a fiduciary, if the insurer potentially
might be liable for all or part of the relief sought.
Position:
Recommend substitution of proposed language
HB
5307 Probate; trusts; uniform principal and income act; create
Position:
Support (Bill drafted by the Council of the Probate and Estate
Planning Section in cooperation with the Michigan Banker’s Association)
SB
888 Children; support; method for reducing child support arrearage
to judgments; create.
Position:
Oppose bill as drafted
SB
1051 Probate; wills and estates; general amendments to the estates
and protected individuals code; provide for.
Position:
Support
(Bill drafted by the Council of the Probate and Estate Planning Section
in cooperation with the Michigan Banker’s Association)
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Federal
News
Justices
Debate Right to Withhold Name From Police
View
Full Text
(Washington Post, 3/23/04)
Justices Seem Unlikely To Allow Suing Insurers
View
Full Text
(Washington Post, 3/24/04)
Atheist Presents Case for Taking God From Pledge
View
Full Text
(New York Times, 3/25/04)
Also see "State News" section
Senate Passes Bill On Harm To Fetuses
View
Full Text
(Washington Post, 3/26/04
House Approves $2.4 Trillion Budget Plan
View
Full Text
(Washington Post, 3/26/04
State
News
Court
Rejects Suit about Endorsing a Rival
View
Full Text
(Detroit Free Press, 3/22/04)
Under God? Supreme Court Pledge of Allegiance Case Sparking Phrase Debate
View
Full Text
(Lansing State Journal, 3/25/04)
Judge: Race Petition Illegal
View
Full Text
(mlive.com, 3/26/04)
Court
Rules
Rule
Amendment
2003-52
- Amendment of Rule 2.119 of the Michigan Court Rules and Recission of
AO 1995-2
Issued: March 23, 2004
Effective: March 23, 2004
On order of the Court, AO 1995-2 is rescinded, effective immediately,
because it is no longer necessary due to the enactment of 2003
PA 138 (court fees), 2003
PA 178 (probate fees), and the
adoption of amendments of MCR 2.119(G) (motion fees) that became effective
October 1, 2003.
Legislation
Introduced 3/23– 3/25
HB
5674 Criminal procedure; sentencing; sentencing procedures; include
references to drug treatment courts.
HB
5680 Civil procedure; garnishment and attachment; stay of garnishment
of bank account or tax refund when installment payments are made on judgment;
provide for.
HB
5684 Torts; civil procedure; triple damage liability for stolen property;
clarify
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