April 24 - 30, 2006
Volume 4 Issue 17

In the Capitol
Committee Meetings of Interest for the week of 5/1
5/2 House Tort Reform
Agenda:HB 5851 Create asbestos and silicosis compensation fairness act.
SBM Position: To date, a formal position on HB 5851 has not been adopted. However, the State Bar opposes section 3013, which calls for a limit on attorney compensation and provides for sanctions against an attorney for violating the set limits. The State Bar’s position traditionally has been that any such limit is considered a regulation of the profession, which is under the exclusive jurisdiction of the Supreme Court.

5/2 Senate Judiciary
Agenda: HB 4171 Allow award of damages for repairs made by landlord to damaged property; HB 5747 Prohibit human trafficking; HB 5748 Enact sentencing guidelines for human trafficking crimes; SB 1032 Allow delayed sentencing for ordinance violations; SB 1212 Provide for penalties for theft and resale of prescription drugs under certain circumstances; SB 1213 Enact sentencing guidelines for crime of stealing prescription drugs from certain licensed entities and reselling; SB 1226 Allow request via parent or guardian for alcohol testing of minor on probation and include regular or random testing as condition of probation; SB 1203 Expand individuals authorized to foreclose a mortgage and provide certain revisions to redemption period; SB 1233 Require sheriff's approval for creation of law enforcement agencies by public bodies for any county in which the public body owns property; SB 1234 Revise provision regarding stolen, embezzled, or converted property.

5/2 Senate Judiciary Appropriations: Judiciary & Corrections
Agenda: The Fiscal Year 2006-07 Budget for the Judiciary Branch

5/3 House Judiciary
Agenda: HB 5396 Prohibit purchase or attempt to purchase tobacco products by minors; HB 5953 Modify provision regarding property rights for marriage and divorce; SB 709 Increase penalty for certain criminal sexual conduct violations; SB 717 Revise sentencing guidelines for crime of first degree criminal sexual conduct to reflect increased penalties; SB 718 Prohibit parole of individual convicted of certain criminal sexual conduct violations; SB 1122 Require electronic monitoring by global positioning devices of sex offenders while on parole; SB 53 Enact sentencing guidelines for crime of installing spyware on another persons computer without consent; SB 54 Prohibit and provide penalties for installing spyware on another persons computer without consent; SB 151 Prohibit and provide remedies for installing spyware or adware onto another individuals computer without consent.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 4/25– 4/27
Of Interest to the Legal Community
HB 5964 Records; public; records created, generated, sent, communicated, received, or stored by electronic means; include. Amends sec. 491 of 1931 PA 328 (MCL 750.491).

HB 5967 Corrections; parole; revocation of parole of certain individuals convicted of certain crimes while on parole; require and establish procedures. Amends secs. 36 & 40a of 1953 PA 232 (MCL 791.236 & 791.240a).

HB 5968 Criminal procedure; sentencing; deferral of certain domestic violence proceedings; prohibit under certain circumstances. Amends sec. 4a, ch. IX of 1927 PA 175 (MCL 769.4a).

HB 5975 Local government; public services; public entities with private competition; require financial disclosure. Creates new act.

HB 5976 Local government; public services; public entities with private competition; require financial disclosure. Creates new act.

HB 5994 Highways; other; liability for trees within a right-of-way of the road; provide exemption. Amends sec. 2 of 1964 PA 170 (MCL 691.1402).

HB 5999 Corrections; state facilities; furnishing cellular telephones or other wireless communication devices to prisoners; prohibit. Amends title of 1909 PA 17 (MCL 800.281 - 800.285) & adds sec. 3a.

HB 6001 Civil procedure; civil actions; sanctions for frivolous lawsuits; increase. Amends sec. 2591 of 1961 PA 236 (MCL 600.2591).

SB 1231 Criminal procedure; probation; special alternative incarceration program as a condition of probation; revise eligibility requirements. Amends sec. 3b, ch. XI of 1927 PA 175 (MCL 771.3b).

SB 1232 Corrections; alternatives; special alternative incarceration programs for prisoners; revise eligibility requirements. Amends sec. 34a of 1953 PA 232 (MCL 791.234a).

Of General Interest
HB 5965 Elections; recall; recall petitions and procedures; revise. Amends secs. 951, 952 & 957 of 1954 PA 116 (MCL 168.951 et seq.) & adds sec. 952b.

HB 5969 Corrections; other; delegation of rule-making authority; revise condition of rescission of delegation. Amends sec. 6 of 1953 PA 232 (MCL 791.206).

HB 5970 Administrative procedure; rules; certain policies concerning correctional facilities; designate and define as rules and clarify certain exemptions. Amends sec. 7 of 1969 PA 306 (MCL 24.207).

HB 5971 Administrative procedure; rules; definition of rule; include certain policies involving prisons and provide for expedited rule-making process. Amends secs. 7, 31, 38 & 44 of 1969 PA 306 (MCL 24.207 et seq.).

HB 5980 Public employees and officers; ethics; elected executive official ethics act; create. Creates new act. TIE BAR WITH: HB 5981'06, HB 5982'06

HB 5981 Campaign finance; statements and reports; public financial disclosure law for certain state office holders and candidates for state office; create. Creates new act.

HB 5982 Legislature; ethics; legislative ethics act; create. Creates new act. TIE BAR WITH: HB 5980'06, HB 5981'06

HB 5983 Campaign finance; campaign practices; political contribution solicitation and acceptance; prohibit in public buildings. Amends 1976 PA 388 (MCL 169.201 - 169.282) by adding sec. 57a. TIE BAR WITH: HB 5984'06

HB 5984 Occupations; lobbyists; lobbyist political contribution; restrict delivery. Amends 1978 PA 472 (MCL 4.411 - 4.431) by adding sec. 11a. TIE BAR WITH: HB 5983'06

HB 5985 Campaign finance; campaign practices; ban on acceptance of honoraria by legislators; expand to include statewide elective offices. Amends sec. 50 of 1976 PA 388 (MCL 169.250).

HB 5986 Occupations; lobbyists; honorarium; prohibit payment of to certain persons. Amends 1978 PA 472 (MCL 4.411 - 4.431) by adding sec. 21b.

HB 5987 Public employees and officers; ethics; regulation of public servants' conduct regarding public contracts; revise. Amends secs. 1, 3a & 8 of 1968 PA 317 (MCL 15.321 et seq.). TIE BAR WITH: HB 5980'06, HB 5982'06

SJR K Legislature; apportionment; census used for allocation of congressional districts; clarify. Amends US Const by adding art. XXVIII.

In the Hall of Justice
Michigan Supreme Court to Hear Final Scheduled Oral Arguments of 2005-2006 Term

State Supreme Court Will Decide Whether Voters Must Show ID
(Lansing State Journal, 4/27/06)

At the Bar
McCree Award Winners Honored at Journalism Hall of Fame Ceremony

2006 April Directory Corrections

State Bar Leads Law Day Events in Lansing

State News
Granholm, DeVos Face Off at Freedom Weekend Event
(Detroit News, 4/29/06)

State House Approves Self-Defense Legislation
(Lansing State Journal, 4/26/06)
See Related:
Legislation to Define Rules on Self-Defense
(Detroit News, 4/28/06)

Sec. of State Eyes Reform in Campaign Financing
(Lansing State Journal, 4/25/06)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines