June 20, 2005 -June 26, 2005
Volume 3 Issue 25

Due to the holiday, the Public Policy Update will not be published the week of July 4th.

In the Capitol
Committee meetings of interest for the week of 6/27
6/28 House Appropriations
Agenda items of interest: SB 268 Department of Corrections appropriations for fiscal year 2005-2006; SB 271 Family Independence Agency appropriations for fiscal year 2005-2006; SB 275 Judiciary budget for fiscal year 2005-2006.

6/28 House Judiciary
Agenda: HB 4936 Require criminal background checks for licensees, employees, and certain contract workers at child care centers and day care centers; HB 4958 Enact sentencing guidelines for crime of child care center or day care center employee failing to self-report certain criminal charges; SB 130 Require disclosure of certain convictions of persons coaching independent youth athletic teams; HB 4957 Enact sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present; HB 4937 Allow use of certain evidence to prove the character of the defendant; HB 4934 Revise, and require report upon vacating residence penalties for failing to report certain sex offender registration information to police agency; HB 4935 Revise sentencing guidelines to reflect increased penalties for crime of failing to report sex offender registration information to police agency.

6/28 Senate Judiciary
Agenda: SB 129 Prohibit individual convicted of child sexual assault from residing within 1 mile of a school or entering upon school property as condition of probation, and provide minimum term of probation; SB 605 Enact sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present; SB 606 Revise sentencing guidelines to reflect increased penalties for crime of failing to report sex offender registration information to police agency; SB 607 Revise, and require report upon vacating residence penalties for failing to report certain sex offender registration information to police agency; SB 608 Allow use of certain evidence to prove the character of the defendant.

6/29 House Judiciary
Agenda: HB 4673 Prohibit and provide penalty for distribution of a controlled substance to another individual who dies as a result of the substance; HB 4674 Enact sentencing guidelines for crime of unlawful delivery of a controlled substance resulting in the death of another person; HB 4865 Prohibit and provide penalties for impersonating a firefighter or emergency medical service provider; HB 4866 Establish sentencing guidelines for crime of impersonating a firefighter or an emergency medical service provider; HB 4753 Revise penalties for window peeping.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 6/21 – 6/23
Of Interest to the Legal Community
HB 4981 Consumer protection; unfair trade practices; application of Michigan consumer protection act to actions expressly permitted by law; clarify. Amends sec. 4 of 1976 PA 331 (MCL 445.904).

HB 4983 Public employees and officers; ethics; disclosure of contributions to legal defense funds for elected officials; require. Creates new act.

Of General Interest
SJR D State; budget; taxpayers bill of rights to limit government growth; adopt. Amends sec. 28, art. IX of state constitution.

SB 633 Single business tax; rate; rate reduction; provide for. Amends sec. 31 of 1975 PA 228 (MCL 208.31) & repeals enacting section 1 of 2002 PA 531 & enacting section 3 of 1999 PA 115.

SB 634 Single business tax; apportionment; sales factor; increase to 100%. Amends sec. 45a of 1975 PA 228 (MCL 208.45a).

In the Hall of Justice
Rule Amendments
2003-19 - Amendment of Rule 1.15 of the Michigan Rules of Professional Conduct
The amendments of MRPC 1.15, effective immediately, are intended to provide interest rate parity with investments in non-IOLTA accounts in order to maximize the return on the investments for the benefit of the Michigan Bar Foundation.
Issued: June 15, 2005
Effective: June 15, 2005
Public Hearing: To be scheduled

Proposed Amendments
2003-19 - Proposed Amendment of Rule 1.15 of the Michigan Rules of Professional Conduct
The proposal to amend MRPC 1.15 would conform with the decision on Brown v Legal Foundation of Washington, 538 US 216; 123 S Ct 1406; 155 L Ed 2d 376 (2003), to create interest rate parity with non-IOLTA investments consistent with changes in financial products presently available on the market, and to make other revenue-enhancing modifications to the IOLTA program.
Issued: June 15, 2005
Comment period expires: October 1, 2005
Public Hearing: To be scheduled

At The Bar
Judicial Vacancy - 55th Circuit Court
The Honorable Kurt N. Hansen is vacating his seat on the 55th Circuit Court. The application submission deadline is September 13, 2005.

Judicial Vacancy - Lenawee County Probate Court
The Honorable Charles W. Jameson is vacating his seat on the Lenawee County Probate Court. The application submission deadline is August 9, 2005.

IOLTA Interest/Dividend Requirements Updated by Michigan Supreme Court

MSBF Awards $98,700 in Grants

Sections and Committees
The Probate and Estate Planning Section submitted the following public policy report:
Oppose and Recommend State Bar action: HB 4752 Probate; guardians and conservators; decisions regarding withdrawal of life-prolonging treatment; prohibit spouse with conflict of interest from making. Amends sec. 5310 of 1998 PA 386 (MCL 700.5310).

The Standing Committee on Justice Initiatives submitted the following public policy reports to the State Bar, recommending State Bar action and/or State Bar authorization to the Committee to advocate its positions:
Oppose: 2004-56 - Proposed Amendment of Rule 3.925 of the Michigan Court Rules
The April 5, 2005, proposed amendment of MCR 3.925(E)(2)(c) would require that records and files of all juvenile offenses be destroyed when the person becomes 30 years old, instead of the current language, which requires that the records and files of certain adjudicated juvenile offenses by retained permanently.

Oppose: 2003-04 - Proposed Amendment of Rule 6.412 of the Michigan Court Rules
The April 12, 2005, proposed amendment of MCR 6.412(F) is new language that states that discrimination on the basis of race, color, religion, national origin, or sex during the selection process of a jury is prohibited even in cases where the purpose would be to achieve balanced representation. Former subrule (F) is relettered as (G).

Conditionally Oppose: SB 33 Civil procedure; costs and fees; transcript fee; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).

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

Federal News
Parties Gear Up For High Court Battle
(Washington Post, 6/27/05)
See Related:
Curtain To Fall On Supreme Session
(Washington Times, 6/26/05)
White House Starts Search For New Justice
(Washington Times, 6/24/05)

State News
Proposal Caps Growth Of State Spending
(Lansing State Journal, 6/27/05)

Justices Strike Down Appeals Ban
(Detroit News, 6/24/05)
See Related:
Supreme Court Strikes Down Michigan Law On Poor Defendants
(Detroit News, 6/23/05)

GOP Plan Phases Out Business Tax, Limits Spending
(Lansing State Journal, 6/23/05)

Fieger Was Behind Ads Attacking Judge In '04
(Detroit Free Press, 6/23/05)

Groups Challenge Medicaid Cuts
(Lansing State Journal, 6/21/05)

Links of Interest
Public Policy Resource Center
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