June 19 - 25, 2006
Volume 4 Issue 25

In the Capitol
Committee Meetings of Interest for the week of 6/26
6/27 Senate Judiciary
Agenda: PENDING REFERRAL: HB 5967 Require revocation of parole of certain individuals convicted of certain crimes while on parole and establish procedures; HB 5968 Prohibit deferral of certain domestic violence proceedings under certain circumstances; HB 5970 Designate certain policies concerning correctional facilities and define as rules and clarify certain exemptions.

6/28 House Judiciary
Agenda: HB 5221 Increase allowable number of small claims filed per week by municipalities; HB 4042 Eliminate fingerprinting requirement for renewal of concealed weapons permit; SB 1226 Allow and include regular or random testing as condition of probation a request via parent or guardian for alcohol testing of minor on probation; SB 1196 Establish requirement for fact-finding hearing compliance for release from custody; SB 1234 Revise provision regarding stolen, embezzled, or converted property.

6/28 House Oversight, Elections, and Ethics
Agenda: For Testimony Only: HB 6128 Revise miscellaneous contribution and expenditure provision of the campaign finance act; HB 6129 Increase late filing fees for statements and reports; HB 6130 Require independent expenditures by PACs within 45 days before election to be reported within 48 hours; HB 6131 Require 48-hour disclosure for independent expenditures; HB 6132 Prohibit payment of wages or salary to a candidate from campaign fund; HB 6133 Require message to include payers identification and whether approved by candidate, and revise identifying statement for radio or television campaign ads for telephone or electronic campaigning; HB 6134 Revise information required in committee organizational statements and campaign finance statements and filing schedule for campaign finance statements.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 6/20– 6/22
Of Interest to the Legal Community
HB 6243 Corrections; other; certificates of rehabilitation programs; establish.

SB 1316 Courts; juries; jury summons; require to clearly explain conditions for exemption from jury service. Amends sec. 1332 of 1961 PA 236 (MCL 600.1332).

SB 1317 Courts; juries; exemption from jury service for individuals who have served within the preceding 24 months; provide for. Amends sec. 1307a of 1961 PA 236 (MCL 600.1307a).

SB 1318 Courts; juries; submission of written questions to witnesses by jurors; allow. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2170.

SB 1319 Courts; juries; discussion among jurors before trial concludes; allow under certain circumstances. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1350c.

SB 1320 Courts; juries; penalties for failure to appear or complete jury duty; provide for. Amends sec. 1332 of 1961 PA 236 (MCL 600.1332).

SB 1321 Civil procedure; costs and fees; separate filing fee for each defendant named in a lawsuit; require. Amends secs. 2529 & 8371 of 1961 PA 236 (MCL 600.2529 & 600.8371).

SB 1322 Courts; funding; filing fees; increase, and dedicate amount of increase to the juror compensation reimbursement fund. Amends secs. 1344, 2529 & 8371 of 1961 PA 236 (MCL 600.1344 et seq.).

SB 1323 Courts; juries; peremptory challenges when selecting jurors; eliminate. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1350b & repeals secs. 12 & 13, ch. VIII & sec. 17, ch XIV of 1927 PA 175 (MCL 768.12, 768.13 & 774.17).’

SB 1324 Children; guardians; relative guardianship assistance act; establish. Creates new act.

Of General Interest
HB 6221 Labor; hours and wages; minimum wage; revise for individuals under age 18.

HB 6222 Labor; hours and wages; minimum wage requirements; exclude employers with fewer than 50 employees.

HB 6238 Insurance; other; penalties for fraud; increase.

HB 6261 Occupations; pharmacists; capping profits of drug costs; provide for.

HB 6263 Property tax; principal residence exemption; owner's ability to claim a principal residence exemption prior to current tax year; extend to 10 years.

HB 6264 Vehicles; equipment; installation of ignition interlocking device for high blood alcohol content drunk driving convictions; require.

SB 1329 Retirement; other; MI-retirement plan; create. Creates new act.

In the Hall of Justice
Proposed Amendments
2006-08 - Proposed Amendment of Rule 7.211 of the Michigan Court Rules
The June 20, 2006 proposed amendments of MCR 7.211 reflect the recommendations of the Michigan Court of Appeals. The proposed amendments would reduce from 56 days to 28 days the deadline for submission of a motion to withdraw as appointed counsel in an appeal from an order terminating parental rights. The 56-day deadline would be retained for all other appeals. According to the Court of Appeals, if the proposed amendment is approved, the time before submission that is allotted to the party to file an answer to the motion will be equivalent to the time provided to that same
party to draft the appellant’s brief on appeal. The Court of Appeals therefore believes that shortening the time allotted in cases involving termination of parental rights would be consistent with the truncated time line that is otherwise applied to those cases. The Court of Appeals also believes that the review function of the Court of Appeals staff is a good safeguard against frivolous motions to withdraw cases where answers are not filed.
Issued : June 20, 2006
Comment period expires: October 1, 2006
Public Hearing: To be scheduled

2003-59 - Proposed Amendment of Rules 2.112 and 7.206 of the Michigan Court Rules
The proposed amendments establish special pleading requirements in actions alleging a violation of the Headlee Amendment, Const 1963, art 9, 25-34. The amendments require that a complaint or answer state the factual basis for an alleged violation or defense with particularity. Additionally, documentary evidence supportive of a claim or defense must be attached to the pleading as an exhibit.
Issued : June 20, 2006
Comment period expires: October 1, 2006
Public Hearing: To be scheduled

At the Bar
Judicial Vacancy – Kent County Probate Court
Hon. Janet A. Haynes is vacating her seat on the Kent Country Probate Court. State Bar members interested in applying for the judgeship should submit an application by July 12, 2006. View Information

Otis Smith Milestone Dedicated

Bar Leadership Forum and Upper Michigan Legal Institute, 2006

Federal News
ABA at Risk for Contempt
(Washington Times, 6/24/06)

Rebellion Stalls Extension of Voting Rights Act
(New York Times, 6/22/06)

Eminent Domain Surges After Ruling
(Washington Times, 6/21/06)

State News
2nd Elections Board Member Quits
(Lansing State Journal, 6/24/06)

House Passes Overtime Limits
(Lansing State Journal, 6/21/06)

Selepak Case Prompts Call for Death Penalty in State
(Lansing State Journal, 6/19/06)

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