May 15 - 21, 2006
Volume 4 Issue 20

Due to the holiday, next week’s Public Policy Update will be published on Tuesday, May 30.

In the Capitol
Committee Meetings of Interest for the week of 5/22
5/23 House Tort Reform
Agenda: HB 5851 Create asbestos and silicosis compensation fairness act; HB 6072 Clarify product liability standards for nonmanufacturing sellers liability; SB 689 Limit liability of fire department donating fire equipment to other fire departments.
Negligence Law Section Position on HB 5851: Oppose

5/23 House Government Operations
Agenda items of interest: SB 471 Eliminate state court information management commission; SB 481 Eliminate legislative oversight committee on the cyber court.

5/24 House Judiciary
Agenda: HB 5879 Revise informed consent for abortion provision to include intimidation and coercion screening; HB 5880 Provide for intimidation and coercive abortion prevention screening process; HB 5881 Provide for civil action for violation of the coercive abortion prevention act; HB 5882 Create coercive abortion prevention act; HB 5883 Enact sentencing guidelines for violation of coercive abortion prevention act; SCR 39 A concurrent resolution to request the State Bar of Michigan and the National Legal Aid and Defender Association to issue a joint report to the Legislature on the number and types of cases and the costs resulting from court-appointed attorneys for indigent criminal cases in Michigan; HB 4092 Prohibit manufacture, sale, or possession of certain multiedged weapons.
SBM POSITION ON SCR 39: The State Bar believes that the collection of accurate information is essential in assessing the current environment for the delivery of public defense services to most appropriately decide upon a recommended course of action. It is our pleasure to work jointly with the National Legal Aid and Defender Association and the State Court Administrative Office to collect this information. The State Bar supports the adoption of SCR 39.
Family Law Section Position on HB 5882: Oppose section (6) or substantially similar language

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 5/6– 5/18
Of Interest to the Legal Community
HB 6065 Corrections; alternatives; special alternative incarceration programs for prisoners; revise eligibility requirements. Amends sec. 34a of 1953 PA 232 (MCL 791.234a).

HB 6066 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).

HB 6072 Torts; product liability; standards for nonmanufacturing sellers liability; clarify. Amends sec. 2947 of 1961 PA 236 (MCL 600.2947).

HB 6082 Crimes; penalties; increase in penalties for tampering with a record or tampering with the intent to impede an official proceeding; provide. Amends sec. 491 of 1931 PA 328 (MCL 750.491).

HB 6087 Disabilities; qualified interpreter for deaf or deaf-blind individual; define and provide in certain circumstances. Amends title & secs. 2, 3, 4, 5, 6, 7 & 8 of 1982 PA 204 (MCL 393.502 et seq.) & adds secs. 3a, 3b, 3c, 3d, 3e, 8a & 8b.

SB 1266 Occupations; notaries public; eligibility for licensed attorneys to serve as notaries public; provide for. Amends secs. 11, 13, 15, 27 & 29 of 2003 PA 238 (MCL 55.271 et seq.).

SB 1272 Probate; guardians and conservators; criminal background checks; require for guardians and conservators of vulnerable adults or children. Amends 1998 PA 386 (MCL 700.1101 - 700.8102) by adding sec. 5106a.

Of General Interest
HB 6060 Insurance; life; viatical settlement contracts; revise. Amends title & secs. 1, 2, 3, 4, 5, 6, 7 & 8 of 1996 PA 386 (MCL 550.521 et seq.) & adds secs. 1a, 1b, 1c, 1d, 1e, 2a, 3a, 9, 10, 11, 12 & 13.

HB 6061 Trade; securities; definition of securities in uniform securities act; revise to include viatical settlement investments. Amends sec. 401 of 1964 PA 265 (MCL 451.801). TIE BAR WITH: HB 6060'06

HB 6071 Civil rights; public records; protected health information; exempt from disclosure under freedom of information act. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

HB 6078 Crimes; business crimes; crime for corporate directors or officers to knowingly deceive shareholders in financial statements; provide for and clarify penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411u.

HB 6080 Crimes; business crimes; defrauding corporate shareholders; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 281.

HB 6091 Human services; medical services; monetary damages awarded under the public health code for violation of patient's bill of rights; exempt from Medicaid eligibility. Amends sec. 106 of 1939 PA 280 (MCL 400.106). TIE BAR WITH: HB 5931'06

HB 6096 Insurance; property and casualty; rating and cancellation based on ownership of a firearm; prohibit.

HB 6098 Insurance; other; producers charging certain administrative fees; provide for.

SB 1273 Occupations; construction; home repair and remodeling; provide for certain disclosures and revise remedies. Amends 1980 PA 299 (MCL 339.101 - 339.2721) by adding sec. 2408.

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

To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, May 22, 2006.

Agenda item of interest:
3. 2005-12 Proposed Amendment of Rules 5.104, 5.402, and 5.403 of the Michigan Court Rules.  
Published at 474 Mich__(Part 6, 2006)
Issue: Should the Court adopt the proposed amendment of Rules 5.104, 5.402(C), and 5.403(B) that would, respectively, (1) establish a time frame within which the proof of service must be filed when the court issues an ex parte order, (2) add the requirement of how service is to be made on a parent of a minor who is the subject of a petition when the whereabouts of the parent are known, and (3) add the requirement of a subsequent hearing within 56 days if a temporary guardian is appointed for a minor by ex parte order and the parents of the minor are not present at the ex parte hearing?
SBM POSITION: The State Bar of Michigan recommended the review of MCR 5.104. 5.402 and 5.403 and supports the proposed amendments with technical amendments.

Proposed Amendments
2005-43 - Proposed Adoption of Rule 3.929 of the Michigan Court Rules
Proposed new Rule 3.929 would state that filing records, as defined in MCR 3.903(A)(24), in juvenile proceedings is allowed by facsimile communication equipment, and that MCR 2.406 governs the filing of such documents.
Issued: May 16, 2006
Comment period expires: September 1, 2006
Public Hearing: To be scheduled

2003-38 - Proposed Amendment of Rule 6.106 of the Michigan Court Rules
The proposed amendment incorporates new statutory requirements for setting bond in criminal nonsupport cases under MCL 750.165 as amended by 2004 PA 570.
Issued: May 16, 2006
Comment period expires: September 1, 2006
Public Hearing: To be scheduled

At the Bar
Reminder – The registration deadline for the Bar Leadership Forum and Upper Michigan Legal Institute is May 26. Find out more about these events on the State Bar’s calendar.

State Bar Team in Washington, D.C. to Back More Funding for Civil Legal Needs

New Custodial Interrogation Recording Task Force Formed

ATJ Corporate Luncheon to Benefit Civil Legal Aid Set for May 23 in Detroit

PMRC Marquette Seminar Set for May 23

State Bar of Michigan Staff Update

Sections and Committees
The Negligence Law Section submitted the following public policy report:
HB 5851 Torts; personal injury; asbestos and silicosis compensation fairness act; create. Amends sec. 5827 of 1961 PA 236 (MCL 600.5827) & adds ch. 30 & sec. 5840.
SB 1123 Torts; personal injury; asbestos and silicosis compensation fairness act; create. Amends sec. 5827 of 1961 PA 236 (MCL 600.5827) & adds ch. 30 & sec. 5840.
Position: Oppose

The Real Property Law Section submitted the following public policy reports:
SB 1099 Liens; other; commercial real estate brokers lien; create. Creates new act.
Position: Oppose
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).
Position: Oppose, unless (1) it is modified to include notice by certified mail to junior interests, and (2) it is restricted in scope to improved real estate.

Federal News
Senate Affirms English as 'National Language': Bill Keeps in Place Multilingual Laws
(Washington Post, 5/19/06)

State News
Domestic Issues Fill Up Court Docket: Judges See Shift in Society, Want to See Solutions
(Lansing State Journal, 5/22/06)

Bill Would Declare English as Official Language
(Detroit News, 5/19/06)

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