May 23, 2005 - May 30, 2005
Volume 3 Issue 21

In the Capitol
Committee meetings of interest for the week of 5/31
6/1 Joint Senate Finance and House Tax Policy Committees
Agenda: A general discussion on the State of Michigan's economy and the Governor's Single Business Tax restructuring proposal.

6/2 Senate Appropriations: Judiciary & Corrections
Agenda: Decisions on SB 268 Department of corrections fiscal year 2005-2006.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 5/24 – 5/26
Of Interest to the Legal Community
HB 4826 Children; abuse or neglect; number of public members on the child abuse and neglect prevention board; increase. Amends sec. 4 of 1982 PA 250 (MCL 722.604).

SB 539 Consumer protection; privacy; employer requirement for use of social security number to access a computerized system; prohibit. Amends sec. 3 of 2004 PA 454 (MCL 445.83).

SB 541 Torts; civil procedure; revised structured settlement protection act; enact. Creates new act & repeals 2000 PA 330 (MCL 691.1191 - 691.1197).

SB 542 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends secs. 40 & 42, ch. VII of 1927 PA 175 (MCL 767.40 & 767.42). TIE BAR WITH: SB 0543, SB 0544, SB 0545

SB 543 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a). TIE BAR WITH: SB 0542, SB 0544, SB 0545.

SB 544 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends secs. 1 & 4, ch. VI of 1927 PA 175 (MCL 766.1 & 766.4).

SB 545 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends sec. 8311 of 1961 PA 236 (MCL 600.8311). TIE BAR WITH: SB 0542, SB 0543, SB 0544.

Of General Interest
HB 4829 Insurance; other; requirement for insurance premiums to identify taxes; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 481.

HB 4834 Financial institutions; other; regulation and licensing of deferred presentment service providers and transactions; provide for. Creates new act.

HB 4837 Local government; other; financial impact statement for the implementation of certain regulations or ordinances; require. Creates new act. TIE BAR WITH: HB 4836

HJR K Public employees and officers; constitutional amendment creating the independent redistricting commission; provide for. Amends secs. 2, 3 & 6, art. IV of the state constitution.

SB 532 Elections; recall; criteria for certifying recall petition; add. Amends sec. 968 of 1954 PA 116 (MCL 168.968).

SB 535 Family law; child custody; proven drug use history and convictions; allow to be used when determining custody of child. Amends sec. 3 of 1970 PA 91 (MCL 722.23).

SB 537 Criminal procedure; forfeiture; seizure and forfeiture of property involved in certain identity theft violations; provide for. Amends sec. 4701 of1961 PA 236 (MCL 600.4701 ).

In the Hall of Justice
Proposed Amendments
2005-16 - Proposed Amendment of Rule 4.101 of the Michigan Court Rules
The proposed amendment of MCR 4.101 would require certain procedures to be implemented by courts to allow the waiver of a police officer’s attendance at civil infraction informal hearings, and would establish procedure if the police officer fails to appear for a hearing.
Issued: May 24, 2005
Comment period expires: September 1, 2005
Public Hearing:To be scheduled

At the Bar
Vote Here
Link to online voting for the State Bar of Michigan Board of Commissioners and Representative Assembly or the Judicial Tenure Commission.

Golden Celebration Highlights
Link to a recap of the festivities honoring 50-year members of the State Bar of Michigan for 2005.

Free Statewide Domestic Violence Training

Straker Bar Association to Present Panel on "Ethics and the Grievance Process"

Sections and Committees
The Children’s Law Section submitted the following public policy reports:
Oppose: SB 379 Children; services; court-appointed special advocates; provide for. Creates new act.

Oppose: HB 4420 Children; abuse or neglect; circumstances under which an investigation may commence; revise. Amends sec. 8 of 1975 PA 238 (MCL 722.628).

Support in theory with recommendations:
HB 4213 Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends 1939 PA 288 (MCL 701.1 - 712A.32) by adding sec. 17e to ch. XIIA.
TIE BAR WITH
HB 4214 Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow. Amends secs. 1001a, 1020, 1022, 1024, 1026, 1028, 1030, 1031, 1032, 1034, 1036, 1038, 1040, 1042, 1044 & 1050 of 1974 PA 258 (MCL 330.2001a et seq.).
TIE BAR WITH
HB 4215 Juveniles; criminal procedure; provisions relating to the alibi defense; expand to include juveniles. Amends secs. 20, 20a, 21, 21a & 36, ch. VIII of 1927 PA 175 (MCL 768.20 et seq.).

For a copy of these reports, please email elyon@mail.michbar.org.

Federal News
In Rising Numbers, Lawyers Head For Guantánamo Bay
(New York Times, (5/30/05)

Supreme Court Drops Case Ruled On By World Court
(New York Times, 5/24/05)

State News
State Senate Panels To Vote On School, Medicaid Budgets
(Lansing State Journal, 5/30/05)

New Schools Chief Sees Tough Job Ahead
(Lansing State Journal, 5/23/05)

Links of Interest
Public Policy Resource Center
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