Meetings of Interest for the week of 5/15
House Government Operations
5132 Eliminate requirement for certain public documents to be provided
to state libraries when documents are available on the internet; SB
582 Revise requirement for copies of administrative rules to be
filed at the secretary of state.
POSITION on HB 5132: Oppose in Principle
Legal Research and Publications Committee Position on HB 5132:
5841 Require methamphetamine reporting of certain state agencies; HB
5142 Allow person to use deadly force in self-defense of a criminal
forcibly entering or intruding into home or vehicle; HB
5143 Clarify right to self-defense and defense of others clarify
and provide for criminal and civil immunity under certain circumstances; HB
5153 Eliminate flight requirement; HB
5548 Prohibit civil action against person who uses force in compliance
with self-defense act and provide remedies; SB
1046 Clarify right to self-defense and defense of others; SB
1185 Provide for immunity from civil action for person who uses
force in compliance with self-defense act; HB
4977 Revise expiration date of concealed weapons permit to individual's
date of birth.
POSITION on Self Defense Bills: Actively oppose those
provisions that would eliminate judicial discretion concerning the
payment of fees and costs at the conclusion of trial.
Senate Appropriations: Judiciary and Corrections
Agenda: FY 2006-07
5719 Provide for prohibition on sale or possession of firefighter
or emergency medical service providers uniforms, patches, and badges; SB
1115 Require website disclosure referencing methamphetamine sites
and certain cleanup procedures; SB
1119 Provide for action against persons who publish on the internet
information on production or manufacturing of methamphetamine; SB
816 Prohibit unlawfully using or tampering with a marine safety
device resulting in death and provide penalty; SB
817 Enact sentencing guidelines for crime of using or tampering
with marine safety device causing death; HB
5967 Require revocation of parole of certain individuals convicted
of certain crimes while on parole and establish procedures; HB
5968 Prohibit deferral of certain domestic violence proceedings
under certain circumstances; HB
5969 Revise condition of rescission of delegation of rule-making
5970 Designate certain policies concerning correctional facilities
and define as rules and clarify certain exemptions; HB
5971 Include certain policies involving prisons and provide for
expedited rule-making process in definition of administrative rule.
Committee Meeting List
Recently Signed into Public Acts
Introduced 5/9– 5/11
6044 Property tax; personal property; personal property with a taxable
value of less than $100,000.00; exempt. Amends 1893
PA 206 (MCL 211.1 - 211.157)
by adding sec. 9k.
6045 Local government; other; purchase of state land; allow local
governments to partner with private investors. Amends sec. 251 of 1984
PA 431 (MCL 18.1251).
6046 Local government; other; purchase of land under the jurisdiction
of the department of natural resources; allow. Amends sec. 2131 of 1994
PA 451 (MCL 324.2131).
6053 Campaign finance; public funding; public funding for supreme
court campaigns; provide for. Amends secs. 3, 5, 7, 10 & 11 of 1976
PA 388 (MCL 169.203 et
seq.) & adds secs. 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,
103, 105, 107, 108 & 109.
1258 Family law; parenting time; electronic visitation; allow.
Amends sec. 7a of 1970
PA 91 (MCL 722.27a).
1261 State; escheats; escheats website; modify. Amends sec. 19
PA 29 (MCL 567.239).
Introduced 5/2– 5/4
Of General Interest
1236 Labor; other; notice to employees regarding company closing, relocation,
or loss of jobs; require. Creates new act.
1239 Businesses; business corporations; outsourced worker summary
in annual report; require, and require data collected to be submitted
to the legislature. Amends sec. 911 of 1972
PA 284 (MCL 450.1911).
1244 Insurance; health; patient rights to independent review; clarify.
Amends sec. 3 of 2000
PA 251 (MCL 550.1903).
1247 Labor; fair employment practices; employment discrimination
based on family status; prohibit. Amends secs. 202, 205, 206 & 208
PA 453 (MCL 37.2202 et
1248 Labor; fair employment practices; employment discrimination
based upon an employee's drinking, smoking, or dietary practices; prohibit.
Creates new act.
1249 Labor; fair employment practices; employment discrimination
based on physical attributes or fitness; prohibit. Creates new act.
1250 Labor; fair employment practices; employment decisions based
on political activity occurring during nonworking hours; prohibit.
Creates new act.
1251 Labor; fair employment practices; employment decisions based
on the employee's membership in an organization or advocacy group;
prohibit. Creates new act.
1252 Labor; fair employment practices; employer review, request,
or use of employee credit history; prohibit in most cases. Creates
the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing
on Wednesday, May 24, 2006, from 9:30 to 11:30 a.m. in the Supreme Court
courtroom located on the sixth floor of the Michigan Hall of Justice,
925 W. Ottawa Street, Lansing, Michigan 48915.
Apsey v Memorial Hospital
April 9, 2005, the Court of Appeals issued an opinion holding that
the plaintiff did not file within the statute of limitations for
medical malpractice claims because the plaintiff’s out-of-state
affidavit notarized in accordance with Michigan’s Uniform Recognition
of Acknowledgements Act (URAA) did not also conform to the certification
requirements of section 2102 of the Revised Judicature Act. The decision
was reaffirmed upon reconsideration but made prospective only.
Although by making its holding prospective only, Apsey on reconsideration
has relieved the plaintiff and defense bars of anxieties about potential
malpractice for their respective past failures to obtain 2102 certification
or to assert 2102 deficiencies, the requirement for double certification
continues to raise objections as being unnecessary and in some jurisdictions
completely unworkable. There is also widespread concern about the extension
of double certification requirement to other out-of-state documents previously
thought sufficiently certified under the URAA, most notably commercial
The State Bar filed an amicus brief with the Court of Appeals supporting
the sufficiency of URAA certification alone, and sought amicus status
with the Michigan Supreme Court.
On May 5, 2006,
the Michigan Supreme Court issued an order in SUE H APSEY V MEMORIAL
HOSPITAL. The motions to file briefs amicus curiae are granted. An
oral argument will be scheduled on whether to grant the applications
or take other peremptory action.
Ceremonies for Local Bar Associations
Court Yet to Rule on Key Cases
(Washington Times, 5/14/06)
OKs Extension of Voting Act
(Washington Times, 5/11/06)
Allows Gitmo Lawsuits
(Washington Times, 5/10/06)
Bill Would Remove Limits on Military Prayer
(Washington Times, 5/9/06)
Granholm Returns to Asia to Talk Trade
(Detroit Free Press, 5/15/06)
Vetoes Ballot Handling Bid
(Detroit Free Press, 5/13/06)
Building Renamed for Austin
(Lansing State Journal, 5/12/06)