May 8 - 14, 2006
Volume 4 Issue 19

In the Capitol
Committee Meetings of Interest for the week of 5/15
5/16 House Government Operations
Agenda: HB 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.
SBM POSITION on HB 5132: Oppose in Principle
Libraries, Legal Research and Publications Committee Position on HB 5132: Oppose

5/16 Senate Judiciary
Agenda: HB 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.
SBM 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.

5/16 Senate Appropriations: Judiciary and Corrections
Agenda: FY 2006-07 Subcommittee Recommendation

5/17 House Judiciary
Agenda: HB 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 authority; HB 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.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 5/9– 5/11
Of General Interest
HB 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.

HB 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).

HB 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).

HB 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.

SB 1258 Family law; parenting time; electronic visitation; allow. Amends sec. 7a of 1970 PA 91 (MCL 722.27a).

SB 1261 State; escheats; escheats website; modify. Amends sec. 19 of 1995 PA 29 (MCL 567.239).

Legislation Introduced 5/2– 5/4
Of General Interest
SB 1236 Labor; other; notice to employees regarding company closing, relocation, or loss of jobs; require. Creates new act.

SB 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).

SB 1244 Insurance; health; patient rights to independent review; clarify. Amends sec. 3 of 2000 PA 251 (MCL 550.1903).

SB 1247 Labor; fair employment practices; employment discrimination based on family status; prohibit. Amends secs. 202, 205, 206 & 208 of 1976 PA 453 (MCL 37.2202 et seq.).

SB 1248 Labor; fair employment practices; employment discrimination based upon an employee's drinking, smoking, or dietary practices; prohibit. Creates new act.

SB 1249 Labor; fair employment practices; employment discrimination based on physical attributes or fitness; prohibit. Creates new act.

SB 1250 Labor; fair employment practices; employment decisions based on political activity occurring during nonworking hours; prohibit. Creates new act.

SB 1251 Labor; fair employment practices; employment decisions based on the employee's membership in an organization or advocacy group; prohibit. Creates new act.

SB 1252 Labor; fair employment practices; employer review, request, or use of employee credit history; prohibit in most cases. Creates new act.

In 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.
Public Hearing Agenda

FOCUS: Apsey v Memorial Hospital
On 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 transactions.

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. 

View Order

At the Bar
Admission Ceremonies for Local Bar Associations

Federal News Supreme Court Yet to Rule on Key Cases
(Washington Times, 5/14/06)

Panel OKs Extension of Voting Act
(Washington Times, 5/11/06)

Judge Allows Gitmo Lawsuits
(Washington Times, 5/10/06)

House Bill Would Remove Limits on Military Prayer
(Washington Times, 5/9/06)

State News
Gov. Granholm Returns to Asia to Talk Trade
(Detroit Free Press, 5/15/06)

Granholm Vetoes Ballot Handling Bid
(Detroit Free Press, 5/13/06)

Treasury Building Renamed for Austin
(Lansing State Journal, 5/12/06)

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