May 22 -29, 2006
Volume 4 Issue 21

In the Capitol
Committee Meetings of Interest for the week of 5/29
5/30 Senate Judiciary
Agenda: SB 309 Require notification of security breach of database containing personal identifying information; HB 5396 Prohibit purchase or attempt to purchase tobacco products by minors; SB 1282 Enact sentencing guidelines for sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by mail, internet, or telephone; HB 5602 Remove conflicts between EPIC and adoption code for rights of inheritance of adopted individuals and adoptive and natural parents.

5/31 House Appropriations
Agenda item of interest: SB 1091 Judiciary budget for fiscal year 2006-2007.

5/31 House Judiciary
Agenda: HB 5193 Require department of corrections to provide address where prisoners who are sex offenders will reside before prisoner is released; HB 5194 Require prisoners who are sex offenders to provide address to department of corrections before being released; HB 5914 Prohibit leaving children unattended in a vehicle under certain circumstances and provide penalties; HB 5915 Enact sentencing guidelines for crime of leaving child unattended in a vehicle; SB 541 Enact revised structured settlement protection act (The Civil Procedure and Courts Committee recommended revised language for SB 541; The State Bar has no position on this matter); SB 1110 Increase allowable term of probation for misdemeanor child abuse. SB 1146 Provide penalties for knowingly or willfully concealing or harboring certain individuals; SB 1147 Enact sentencing guidelines for crime of harboring a person for whom a felony warrant has been issued.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 5/23– 5/25
Of Interest to the Legal Community
HB 6100 Civil procedure; costs and fees; compliance fee; allow court to assess for penalty, fee, or costs not paid by date specified. Amends sec. 4803 of 1961 PA 236 (MCL 600.4803).

HB 6109 Labor; fair employment practices; certain statements made by law enforcement officers to law enforcement agencies; regulate use and disclosure of. Creates new act.

SB 1281 Family law; child custody; custody determination; require to factor in child living with a registered sex offender. Amends sec. 3 of 1970 PA 91 (MCL 722.23).

SB 1283 Family law; parenting time; factors to determine grandparent visitation; revise. Amends sec. 7b of 1970 PA 91 (MCL 722.27b).

Of General Interest
HJR X Legislature; apportionment; legislative apportionment based on the number of citizens of this state; provide for. Amends secs. 2, 3 & 6, art. IV of the state constitution.

In the Hall of Justice
Proposed Amendments
2006-17 - Proposed Amendment of Rule 5.744 of the Michigan Court Rules
The proposed amendment of MCR 5.744 would expand the scope of the rule to more accurately reflect procedures delineated in MCL 330.1474, 330.1474a, 330.1475, and 330.1475a.
Issued: May 24, 2006
Comment period expires: September 1, 2006
Public Hearing:To be scheduled

2006-15 - Proposed Amendment of Rule 2.420 of the Michigan Court Rules
The proposed amendment of MCR 2.420 would clarify the requirement that the payment of proceeds may only be made to a conservator on behalf of a legally incapacitated adult or a minor entitled to more than $5,000 in any one year during minority.
Issued: May 24, 2006
Comment period expires:September 1, 2006
Public Hearing: To be scheduled

2006-07 - Proposed Amendment of Rule 7.211 of the Michigan Court Rules
The May 24, 2006, proposed amendments of the rule reflect the recommendations of Michigan Court of Appeals. The proposed amendments would extend the time to answer certain motions from 7 to 14 days, and would establish a new category of motions that can be decided in less than 7 days without delaying submission until the answer period has expired. The Court of Appeals believes that the resulting categories are distinguishable by the perceived likelihood that opposing counsel will seek to answer the motion, by the complexity of the answer that would likely be drafted, and by the Court of Appeals interest in quickly resolving such motions.
Issued: May 24, 2006
Comment period expires:September 1, 2006
Public Hearing:To be scheduled

2005-22 - Proposed Amendment of Rule 3.972 of the Michigan Court Rules
This proposed amendment of Rule 3.972(C)(2) would allow testimony of the child to be admitted in a child protective proceeding if the statement is offered by a person who heard the child make the statement.
Issued: May 24, 2006
Comment period expires: September 1, 2006
Public Hearing: To be scheduled

Other Actions
2006-01 - Appointment of Chief Judge of the Montmorency County Probate Court
The Honorable John E. Fitzgerald is appointed chief judge of the Montmorency County Probate Court.
Issued: May 24, 2006

At the Bar
Vote Online for SBM Board of Commissioners

State Bar Golden Celebration Luncheon Honors 50-Year Active Members

State Bar Equal Access Initiative Offers Disability Resources

Federal News
Debating the Bugs of High-Tech Voting: Test of Software in Machines Renews Security Concerns
(Washington Post, 5/30/06)

Critics Say Bill Diminishes Due Process for Immigrants
(Washington Post, 5/26/06)

Judge Steps In for Poor Inmates Without Justice
(New York Times, 5/23/06)

Chief Justice Says His Goal Is More Consensus on Court
(New York Times, 5/22/06)

State News
Granholm's Half-Staff Order for Fallen Soldiers Draws Fresh Fire
(Lansing State Journal, 5/29/06)

Senate Confirms Robert Kleine as New Michigan Treasurer
(Lansing State Journal, 5/29/06)

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