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)
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