June 11-17, 2007
Volume 5 Issue 24

FOCUS: Single Business Tax Replacement Deal Reached
On June 13, Governor Jennifer Granholm, Speaker of the House Andy Dillon, and Senate Majority Leader Mike Bishop announced a consensus agreement on a business tax replacement that is said to be revenue neutral. The new tax is based 2/3 on margins (sales less purchases of tangible property from other firms) and 1/3 on business income.

See Related:
Agreement Reached on New Business Tax Keeps Michigan Competitive for Business, Encourages Job Creation (Governor Jennifer Granholm Press Release, 6/13/07)

House, Senate Reach Agreement on Dems’ Business Tax Plan (Michigan House Democrats Press Release, 6/14/07)

Agreement Reached on New Business Tax Keeps Michigan Competitive for Business, Encourages Job Creation
(Senate Majority Leader Mike Bishop Press Release, 6/13/07)

Business Leaders Wait on Details of New Tax
(Detroit News, 6/15/07)

At Last, State has Business Tax Deal
(Detroit Free Press, 6/14/07)

In the Capitol
The Michigan House of Representatives will convene at 10:00 a.m. for scheduled session days June 19 through August 29, 2007.  The House and Michigan Senate also announced its summer session calendars.
View Michigan House of Representatives Session Schedule
View Michigan Senate Session Schedule

Committee meetings of interest for the week of 6/18
6/19 Senate Judiciary

Agenda: PENDING REFERRAL: SB 591 Enact limits for liability of successor corporation for asbestos claims.

6/20 House Judiciary
Agenda: Report from Cynthia Gray, Director Center for Judicial Ethics, American Judicature Society Regarding State Supreme Court Justices and Disqualification or Discipline Presented by United States District Court Judge Avern Cohn, member of the National Advisory Council of the American Judicature Society. Testimony from Peter J. Henning, Professor of Law Wayne State University, Regarding Judicial Conflicts of Interest.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/12 – 6/14
Of Interest to the Legal Community

HB 4909 Criminal procedure; evidence; electronic recording of certain custodial interrogation sessions; require, and revise procedures for determining admissibility as evidence. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 7 to ch. III.

HB 4922 Law enforcement; investigations; eyewitness identification procedures; revise. Creates new act.

HB 4925 Children; abduction; uniform child abduction prevention act; create. Creates new act.

SB 587 Corrections; parole; parolable life sentence prisoners; revise parole hearing schedule. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

SB 589 Torts; remedies; reduction of future damages to present cash value; calculate using compound interest. Amends sec. 6306 of 1961 PA 236 (MCL 600.6306).

Of General Interest
HB 4895 Property tax; delinquent taxes; property tax foreclosure process; extend to 3 years. Amends secs. 78a, 78e, 78f & 78g of 1893 PA 206 (MCL 211.78a et seq.).

HB 4901 Natural resources; wetlands; permit program; surrender federal delegation. Amends secs. 30104b, 30301, 30302, 30304, 30305, 30307, 30308, 30309, 30310, 30311, 30313, 30317, 30321 & 30323 of 1994 PA 451 (MCL 324.30104b et seq.) & repeals secs. 30303, 30306, 30306b, 30312, 30313b to 30316, 30318 to 30320 & 30322 of 1994 PA 451 (MCL 324.30303 et seq.).

HB 4920 Vehicles; equipment; high blood alcohol content drunk driving convictions; create as separate crime, and require certain license sanctions and ignition interlock device requirements. Amends secs. 319, 322, 625, 625b, 625k, 625l & 904 of 1949 PA 300 (MCL 257.319 et seq.) & adds sec. 20b.

HB 4926 Labor; fair employment practices; employment discrimination based on physical attributes or fitness; prohibit. Creates new act.

SB 583 Insurance; no-fault; underwriting rules based on education or profession; prohibit in certain cases. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2027a.

SB 584 State financing and management; budget; budgeting process; implement zero-based budgeting. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 456.

SB 590 Crimes; criminal sexual conduct; definition of coercion; revise. Amends secs. 520b, 520d & 520e of 1931 PA 328 (MCL 750.520b et seq.).

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

At The Bar
Don't Be Left Out! Complete the Law Office Economics Survey by June 30

FOCUS: The Board of Commissioners met on Friday, June 15, 2007 at which time the State Bar of Michigan adopted the following public policy positions:
HB 4459 (Robertson) Crimes; definitions; gang felony crimes; create. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411u.
SB 291 (Kahn) Crimes; definitions; gang felony crimes; create. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411u.
SBM Position: Active Opposition

HB 4501 (Cushingberry) Civil procedure; costs and fees; costs and fees in the court of appeals and of court transcripts; increase. Amends secs. 321 & 2543 of 1961 PA 236 (MCL 600.321 & 600.2543).
SBM Position: Authorize the Justice Initiatives Committee to advocate its position of supporting an amendment to allow a waiver of fees for transcripts for indigent appellants in civil cases.

HB 4525 (Condino) State; identification cards; forms of identification necessary to apply for a state identification card; include corrections identification card and allow access to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291). TIE BAR WITH: HB 4527'07, HB 4528'07.
SBM Position: Support in Principle

SB 476 (Jansen) Family law; child custody; court review of arbitrator's decision on custody; allow court to gather additional evidence. Amends sec. 5080 of 1961 PA 236 (MCL 600.5080).
SB 477 (Jansen) Family law; child custody; child custody disputes that have been arbitrated; require courts to resolve in accordance with domestic relations arbitration provisions of the RJA. Amends sec. 4 of 1970 PA 91 (MCL 722.24).
SBM Position: Support in Principle

In the Hall of Justice
July is Juror Appreciation Month; Courts Across State to Celebrate Jury's Role in American Democracy

Federal News
High Court Upholds Curb on Political Use of Union Fees
(Washington Post, 6/15/07)

State News
Judges Leery of Bidding Plan
(The Jackson Citizen Patriot, 6/18/07)

Lawmakers Propose New Way for Drawing District Lines
(A/P, 6/17/07)

Divisive Tax Hike Proposals Unfolding
(Detroit Free Press, 6/15/07)

Poll: 57 Percent Favor Lifting Ban on Graduated Income Tax
(Lansing State Journal, 6/15/07)

Budget Talks: Lots of Finger Pointing, No Solution
(Detroit News, 6/14/07)

Granholm Signs Bill to Help Balance Current State Budget
(A/P, 6/12/07)

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