April 18, 2005 -April 22, 2005
Volume 3 Issue 16

In the Capitol
Committee meetings of interest for the week of 4/25
4/25 Senate Finance and House Tax Policy Committee

Agenda: A general discussion with the Michigan Manufacturers Association (MMA), the Small Business Association of Michigan (SBAM), the Michigan Association of Homebuilders, the Michigan Bankers Association, the Michigan Business and Professionals Association, the Car and Truck Rental Association, and the Michigan Boating Association regarding the Governor's single business tax restructuring proposal.
Please note: the meeting will focus only on the parts of the Governor's tax restructuring proposal that deals with the Single Business Tax (SBT).

4/26 Senate Judiciary
Agenda: SB 131 Prohibit publicly displaying or playing sexually explicit material; SB 416 Prohibit and provide penalties for sale or rental of ultra-violent video games to individuals under 17 years of age.

4/26 Senate Appropriations: Judiciary & Corrections
Agenda: Decisions of SB 275 Judiciary budget for fiscal year 2005-2006; the FY 2005-06 Budget of the Judiciary.

4/27 House Judiciary
Agenda: HB 4614 Prohibit operation of an off-road vehicle by certain individuals under the influence of or visibly impaired by alcohol or a controlled substance; HB 4615 Prohibit operation of a watercraft by individuals with a high blood alcohol level or with certain controlled substances; HB 4616 Prohibit operation of a snowmobile by certain individuals under the influence of alcohol or a controlled substance; HB 4161 Repeal provision regarding presumption of custody in acknowledgment of parentage act; HB 4544 Clarify provisions regarding possession of a scanner capable of receiving police frequencies in a motor vehicle.
Family Law Section Position: Oppose HB 4161

4/28 House Appropriations: Department of Human Services
Agenda: Department of Human Services presentations: Office of Child Support, Office of Children and Adult Licensing, Bureau of Community Action and Economic Activity.

Complete Committee Meeting List

Legislation Introduced 4/19 – 4/21
Of Interest to the Legal Community

HB 4626 Insurance; health; liability for certain harm to enrollee; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding secs. 3575 & 3577.

HB 4628 Civil rights; sex discrimination; sex harassment; clarify in Elliott-Larsen civil rights act. Amends title & secs. 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 402, 502, 504, 505 & 506 of 1976 PA 453 (MCL 37.2102 et seq.).

HB 4629 Criminal procedure; sentencing; cost of prosecution; require payment in certain circumstances. Amends secs. 1f & 3, ch. IX, sec. 3, ch. XI, sec. 8, ch. XII & sec. 22, ch. XIV of 1927 PA 175 (MCL 769.1f et seq.).

HB 4630 Criminal procedure; evidence; preliminary breath tests; allow as admissible evidence in certain criminal prosecutions. Amends sec. 625a of 1949 PA 300 (MCL 257.625a).

HB 4631 Crimes; other; use of certain out-of-state ordinance violations to enhance drunk driving penalties; allow. Amends sec. 625 of 949 PA 300 (MCL 257.625).

HB 4638 Military affairs; other; general amendments; provide for. Amends secs. 2, 3, 4, 7, 8, 9, 13, 14, 15, 16, 25, 26, 27, 29, 80, 84, 85, 92, 94, 99, 103, 105, 107, 108, 112, 113, 132 & 134 of 1980 PA 523 (MCL 32.1002 et seq.) & adds secs. 50a, 88, 109 & 121.

HB 4640 Corrections; prisoners; testing for HIV, AIDS, and hepatitis C as a condition of release on parole or release upon completion of sentence; require. Amends 1953 PA 232 (MCL 791.201 - 791.283) by adding sec. 37a.

HB 4656 Worker's compensation; insurers; insurer's duty to timely pay benefits under a settlement or redemption; clarify. Amends sec. 801 of 1969 PA 317 (MCL 418.801).

Of General Interest
HB 4627 Insurance; unfair trade practices; penalties for engaging in unfair or deceptive acts or practices; increase. Amends sec. 2038 of 1956 PA 218 (MCL 500.2038).

HB 4652 Crimes; criminal sexual conduct; age of consent for certain criminal sexual conduct violations; increase to age 18. Amends secs. 520b, 520c, 520d & 520e of 1931 PA 328 (MCL 750.520b et seq.).

HB 4654 Crimes; other; duty to retreat before using deadly force in self-defense or defense of another; eliminate under certain circumstances. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21c to ch. VIII.

HB 4658 Consumer protection; other; notification of security breach of database containing personal identifying information; require. Amends sec. 11 of 2004 PA 452 (MCL 445.71) & adds sec. 12.

In the Hall of Justice
State Judiciary's 2004 Annual Report Released by Michigan Supreme Court; Court Activities and Statistics are Features

At the Bar
Free Legal Advice Offered On Law Day Hotline Legal Assistant Day is May 3; Annual Day of Education to Mark the Event

The Board of Commissioners met on Friday, April 22, 2005. The following public policy positions were adopted by a unanimous vote.

ADM File No. 2004-13 - Proposed Amendment of Rule 2.504 of the Michigan Court Rules
The proposed amendment of MCR 2.504(A) would clarify that any second voluntary dismissal pursuant to subrule (A)(1) constitutes an adjudication on the merits, even where the plaintiff obtains a court order finalizing the dismissal and whether or not the plaintiff is ordered to pay costs.
Issued: December 21, 2004
Comment period expires: April 1, 2005
Public Hearing: May 26, 2005
SBM Position: Oppose

ADM File No. 2004-47 - Proposed Amendment of Rule 7.302 of the Michigan Court Rules
The proposed amendment of MCR 7.302(C)(4) would allow a party to seek leave to appeal in the Michigan Supreme Court from the denial of a motion for rehearing of a Court of Appeals decision to remand a case to the trial court. The proposed amendment also adds language that clarifies that a 28-day time limit applies to application for leave to appeal in appeals from orders terminating parental rights.
Issued: November 24, 2004
Comment period expires: March 1, 2005
Public Hearing: May 26, 2005
SBM Position: Support


HB 4327
(Waters)
Criminal procedure; expunction; record expungement for certain offenders; provide for. Amends sec. 1 of 1965 PA 213 (MCL 780.621) & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
SBM Position: Active support for a bill that expands expungement to include 2 misdemeanors, except for domestic violence or violence against persons under the age of 18 (adopted 6/11/04).
SBM Position: Active Opposition to lengthening the time to expunge a felony

SB 193
(George)Courts; district court; election districts within the eighth judicial district; eliminate. Amends sec. 8117 of 1961 PA 236 (MCL 600.8117).
SBM Position: Support in Principle

HB 4169 (Pastor) Civil procedure; costs and fees; threshold for requiring attorney fee to be paid by party that rejected mediation; revise. Amends secs. 4921 & 4969 of 1961 PA 236 (MCL 600.4921 & 600.4969).
SBM Position: Active Opposition. Opposition is based on a long standing SBM position that these changes should be made in court rules.

HB 4213 (Meyer) Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends 1939 PA 288 (MCL 701.1 - 712A.32) by adding sec. 17e to ch. XIIA.
TIE BAR WITH
HB 4214 (Meyer) Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends secs. 1001a, 1020, 1022, 1024, 1026, 1028, 1030, 1031, 1032, 1034, 1036, 1038, 1040, 1042, 1044 & 1050 of 1974 PA 258 (MCL 330.2001a et seq.).
TIE BAR WITH
HB 4215 (Meyer) Juveniles; criminal procedure; provisions relating to the alibi defense; expand to include juveniles. Amends secs. 20, 20a, 21, 21a & 36, ch. VIII of 1927 PA 175 (MCL 768.20 et seq.).
SBM Position: Support in principle the provisions of access to alibi and insanity defense to juveniles. Support in principle the mechanism to present those defenses to the trier-in-fact.

HB 4265 (Plakas) Criminal procedure; statute of limitations; statute of limitations for vehicular homicide; extend. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).
SBM Position: Oppose in Principle

HB 4339 (Clack) Juveniles; truancy; family division of the circuit court to notify secretary of state of truancy disposition; provide for. Amends 1939 PA 288 (MCL 710.21 - 712A.32) by adding sec. 2f to ch. XIIA. TIE BAR WITH: HB 4338
SBM Position: Oppose in Principle

Sections and Committees
The Alternative Dispute Resolution Section submitted the following public policy reports: Support: HB 4160 Civil procedure; civil actions; limitation on recovery amount allowed in small claims suits; revise. Amends sec. 8401 of 1961 PA 236 (MCL 600.8401).

Support: HB 4259 Civil procedure; evidence; introduction of evidence of an expression of sympathy as an admission of liability in a civil action; prohibit. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2155.

The Real Property Law Section submitted the following public policy report:
Oppose: HB 4523 Property; other; adverse possession of certain property; prohibit if property taxes are paid by title owner. Amends sec. 5867 of 1961 PA 236 (MCL 600.5867) & adds sec. 5867a.

The Civil Procedure and Courts Committee submitted the following public policy reports: Oppose: HB 4169 Civil procedure; costs and fees; threshold for requiring attorney fee to be paid by party that rejected mediation; revise. Amends secs. 4921 & 4969 of 1961 PA 236 (MCL 600.4921 & 600.4969).

Support:SB 33 Civil procedure; costs and fees; transcript fee; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).

Majority Opposed: HB 4160 Civil procedure; civil actions; limitation on recovery amount allowed in small claims suits; revise. Amends sec. 8401 of 1961 PA 236 (MCL 600.8401).

Oppose: HB 4472 Civil procedure; costs and fees; attorney fees in unsuccessful appeal; require state agency to pay. Amends sec. 2421c of 1961 PA 236 (MCL 600.2421c).

For a copy of these reports, please email elyon@mail.michbar.org

Federal News
Bush Signs Tougher Bankruptcy Law
(Detroit News, 4/20/05)

Court Considers Search Permissions
(Detroit News, 4/19/05)

State News
Bill May Cut $7 Million From Prison Budget
(Detroit News, 4/24/05)

Cox Supports Scrapping Most Preliminary Exams
(Detroit News, 4/23/05)

Gov. Urges Action On Jobs Bills
(Detroit News, 4/21/05)

Michigan May Lose Political Muscle
(Detroit News, 4/21/05)

 


 

 

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