March 27 - April 2, 2006
Volume 4 Issue 13

In the Capitol
The Michigan Senate and House of Representatives are not scheduled to hold session for the weeks of April 3 and April 10.
View 2006 Senate Schedule
View 2006 House of Representatives Schedule

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 3/22 - 3/23
Of Interest to the Legal Community
HB 5898 Counties; other; limitation on fines; allow counties to establish. Amends sec. 15a of 1966 PA 293 (MCL 45.515a).

HB 5933 Administrative procedure; contested cases; requirement of written record; clarify. Amends sec. 74 of 1969 PA 306 (MCL 24.274).

HB 5936 Administrative procedure; hearings; appeal and judicial review of certain decisions; revise procedures and include finding on regulatory impact of certain decisions. Amends secs. 28, 81, 85, 86 & 106 of 1969 PA 306 (MCL 24.228 et seq.) & adds sec. 107.

HB 5940 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. Amends secs. 16244, 21513 & 21515 of 1978 PA 368 (MCL 333.16244 et seq.).

HB 5941 Health; research; immunity for providing data or other information to a peer review entity or the use of that information by the peer review entity with the intent to defraud or knowingly violate the law; clarify and require to comply with the public health code. Amends secs. 1 & 2 of 1967 PA 270 (MCL 331.531 & 331.532). TIE BAR WITH: HB 5940'06

HB 5945 Criminal procedure; DNA; deadline for filing petition for DNA testing in felony conviction cases; extend, and revise certain procedures for obtaining test of DNA evidence. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).

SB 1196 Corrections; parole; requirement for fact-finding hearing compliance for release from custody; establish. Amends sec. 40a of 1953 PA 232 (MCL 791.240a).

SB 1197 Criminal procedure; sentencing; requirement of presentence report for nonpayment of support; eliminate. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).

SB 1203 Liens; foreclosure; individuals authorized to foreclose a mortgage; expand and provide certain revisions to redemption period. Amends secs. 3240 & 3241a of 1961 PA 236 (MCL 600.3240 & 600.3241a).

Of General Interest
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 5908 Children; adoption; objection to placements by child placing agency based on religious or moral convictions; allow. Amends secs. 23b, 23d, 23e & 46, ch. X of 1939 PA 288 (MCL 710.23b et seq.).

HB 5910 Property tax; assessments; definition of transfer of ownership; revise to exclude transfer of principal residence to a senior citizen. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

HB 5913 Income tax; rate; rate reduction; provide for. Amends sec. 51e of 1967 PA 281 (MCL 206.51e).

HB 5916 Environmental protection; water pollution; aquifer protection and dispute resolution act; revise dispute resolution provisions. Amends sec. 31702 of 1994 PA 451 (MCL 324.31702).

HB 5925 Mental health; other; assessment language for people needing treatment; clarify. Amends secs. 401 & 433 of 1974 PA 258 (MCL 330.1401 & 330.1433).

HB 5926 Mental health; recipient rights; state recipient rights office to examine certain fatalities and events for possible violations; allow. Amends secs. 720, 754 & 755 of 1974 PA 258 (MCL 330.1720 et seq.) & adds sec. 142a.

HB 5928 Mental health; recipient rights; standardized database and statewide reporting system to track applicants denied services; establish. Amends secs. 754 & 755 of 1974 PA 258 (MCL 330.1754 & 330.1755).

HB 5929 Mental health; other; advance psychiatric directives and unqualified records access for family of deceased; provide for. Amends sec. 748 of 1974 PA 258 (MCL 330.1748).

HB 5932 Administrative procedure; rules; promulgating rules more stringent than statute; prohibit and limit applicability of certain orders. Amends sec. 32 of 1969 PA 306 (MCL 24.232).

HB 5935 Administrative procedure; rules; prohibition of agency relying upon orders, bulletins, interpretive statements, and related directives; provide for. Amends secs. 26 & 63 of 1969 PA 306 (MCL 24.226 & 24.263).

HB 5937 Public employees and officers; ethics; disclosure of contributions to legal defense funds for elected officials; require. Creates new act.

HB 5938 State; employees and officers; financial disclosure report; require certain candidates for elective office and state officials to file. Creates new act.

HB 5939 Public employees and officers; ethics; ethics board act; create. Creates new act.

HRJ U Higher education; governing boards; appointment of regents, trustees, or board of governors for university of Michigan, Michigan state university, and Wayne state university; require. Amends sec. 5, art. VIII of the state constitution.

HJR V Legislature; legislators; ability to reduce pay for legislators who miss session without a valid excuse; provide for. Amends sec. 12, art IV of the state constitution.

SB 1181 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: SB 1177'06

SB 1191 Single business tax; credit; alternative tax rate, adjusted business income maximum, and shareholder disqualifier.

In the Hall of Justice
Judicial Misconduct Charge to be Heard by Supreme Court; Judge Disputes High Court's Power to Order Psychological Counseling

Rule Amendments
2006-02 - Order correcting amendment of Rule 7.205(F)(4) of the Michigan Court Rules
On order of the Court, the order of February 23, 2006 is amended to correct a clerical error, effective May 1, 2006. The amendment corrects the opening sentence of subrule (F)(4).
Issued: March 28, 2006
Effective:May 1, 2006

Other Actions
2006-01 - Appointment to the Michigan Court Reporting and Recording Board of Review
Issued:March 31, 2006

2006-01 - Appointment of Chief Judge of the 10th Judicial Circuit Court
Issued: March 28, 2006

At the Bar
The State Bar of Michigan’s Public Policy, Image and Identity Committee and Board of Commissioners will meet on April 7, 2006. For a copy of either agenda, please contact

Detroit News, Sterling Heights Television Lead State Bar's 2006 McCree Award Winners

Garvey's Second Gift to ATJ Fund Takes MTLA Commitments Over $500,000 Goal

Sections and Committees
A position was recommended to the State Bar by Justice Initiatives to support HB 5337 (Jones) Military affairs; other; waiver from "administrative hearings" while deployed or serving on active duty; provide for. Amends sec. 117 of 1967 PA 150 (MCL 32.517).
For a copy of the recommendation, contact

Federal News
Internet Injects Sweeping Change Into U.S. Politics
(New York Times, 4/2/06)

Senate Passes Lobbying Bill
(Washington Post, 3/30/06)

Extension of Voting Act Is Likely Despite Criticism
(New York Times, 3/29/06)

FEC to Leave Alone Web Political Speech
(Washington Times, 3/28/06)

State News

Granholm Vetoes Single Business Tax Repeal
(Lansing State Journal, 4/3/06)

Granholm Signs Criminal Records Bill
(Lansing State Journal, 4/1/06)

Mich. Supreme Court Puts Affirmative Action into Voters' Hands
(Detroit News, 3/31/06)

Granholm Signs the Minimum Wage Hike
(Detroit Free Press, 3/29/06)

Senate Bills Target Escaped Felons
(Lansing State Journal, 3/27/06)

Links of Interest
Public Policy Resource Center
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