July 16-22, 2007
Volume 5 Issue 29

In the Capitol
Committee meetings of interest for the week of 7/23
7/24 State Drug Treatment Court Advisory Committee

7/24 Senate Local, Urban, and State Affairs
Agenda items of note: HB 4517 Require redaction of social security numbers in documents submitted to register of deeds for recordation; by register of deeds unless prohibited by law; HB 4519 Require redaction of social security numbers in affidavits submitted to register of deeds for recordation unless prohibited by law.
SBM Position: Support in Principle HB 4519. The State Bar calls attention to the Real Property Law Section position that addresses the potential “time gap” problem concerning recording at the register of deeds.
Real Property Law Section Position: Oppose HB 4517 and HB 4519

7/25 House Judiciary
Agenda: HB 4964 Establish sentencing guidelines commission;
For referral to the Committee on Regulatory Reform:
HB 4938 Include crime of engaging in unauthorized practice of occupation or operation of a school teaching an occupation in sentencing guidelines; HB 4963 Clarify experience requirement for an attorney to obtain a real estate broker license.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 7/17-7/19
Of Interest to the Legal Community

HB 5032 Land use; zoning and growth management; zoning enabling act; make corrective and technical revisions. Amends secs. 102, 103, 202, 208, 301, 401, 601, 604, 606 & 702 of 2006 PA 110 (MCL 125.3102 et seq.).

HB 5038 Environmental protection; other; regulations more restrictive than federal law; prohibit promulgation or enforcement by the department of environmental quality. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 27.

HB 5041 Crimes; criminal sexual conduct; definition of criminal sexual conduct in the second degree; modify. Amends sec. 520c of 1931 PA 328 (MCL 750.520c).

SB 634 Labor; hours and wages; prevailing wage law; modify. Amends secs. 2 & 6 of 1965 PA 166 (MCL 408.552 & 408.556).

SB 638 Traffic control; other; driver responsibility fees; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & repeals sec. 732a of 1949 PA 300 (MCL 257.732a).

SB 639 Traffic control; driver license; notification of license suspension for failure to pay driver responsibility fee; require. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

In the Hall of Justice
States Voter ID Law Declared Constitutional
See Background and Briefs
See Related:
High Court: State Voters Must Have Photo ID
(Lansing State Journal, 7/19/07)

Rule Amendments
2002-09 - Adoption of Rules 3.904 and 5.738a of the Michigan Court Rules
Rule 3.904, effective May 1, 2007, allows courts to use interactive video technology during the specified delinquency and child protective proceedings, if the court does not order more restrictive placement or treatment.
Rule 5.738a, effective May 1, 2007, allows courts to use interactive video technology to conduct hearings concerning initial involuntary treatment, continuing mental health treatment, and petitions for guardianship involving persons receiving treatment in mental health facilities.
Issued: February 14, 2007
Effective: May 1, 2007
2002-09 - Amendment to Order
The Order of February 14, 2007 is amended to correct a clerical error by correcting subrule 3.904(B)(1).
Issued: July 18, 2007
Effective: May 1, 2007

At The Bar
Judicial Vacancy – Court of Appeals 3rd District
Hon. Janet Neff is vacating her seat on the Court of Appeals. State Bar members interested in applying for the judgeship should submit an application by July 25, 2007.
View Information

FOCUS: The Board of Commissioners met on Friday, July 20, 2007, at which time the State Bar of Michigan adopted the following public policy positions:
HB 4267 (Caswell) Civil procedure; costs and fees; attorney contingency fees based on a sliding scale; provide for. Amends sec. 919 of 1961 PA 236 (MCL 600.919).
SBM Position: Active Opposition 

HB 4406 (Hoogendyk) State; symbol; English; establish as the official state language. Creates new act.
SBM Position: No Position. Authorize the Committee on Justice Initiatives to advocate its position. 

HB 4423 (Pastor) Torts; malpractice; affidavit of merit; require for all malpractice actions against licensed professionals. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2912i.
SBM Position: Active Opposition 

HB 4433 (Bieda) Property tax; tax tribunal; certification of mediators and mediation process; provide for. Amends secs. 3, 31 & 32 of 1973 PA 186 (MCL 205.703 et seq.) & adds sec. 47.
SBM Position: Support in Principle and endorse the Alternative Dispute Resolution Section Position 

HB 4564 (Steil) Family law; child custody; joint custody; mandate in every custody dispute between parents except in certain circumstances. Amends sec. 6a of 1970 PA 91 (MCL 722.26a).
SBM Position: Oppose in Principle 

HB 4578 (Pastor) Civil procedure; other; representation by attorney in small claims; allow in proceedings to enforce judgment. Amends sec. 8409 of 1961 PA 236 (MCL 600.8409).
SBM Position: Support in Principle 

SB 62 (Gilbert) Property; conveyances; termination of tenancy by the entireties; allow in cases of spousal abandonment. Amends secs. 1 & 2 of 1927 PA 210 (MCL 557.101 & 557.102).
SBM Position: Oppose in Principle 

HB 4518 (Byrum) Consumer protection; privacy; social security numbers in judgments submitted to register of deeds for recordation; require redaction unless prohibited by law. Amends sec. 1 of 1873 PA 5 (MCL 565.401).
HB 4519 (Byrum) Consumer protection; privacy; social security numbers in affidavits submitted to register of deeds for recordation; require redaction unless prohibited by law. Amends sec. 2 of 1915 PA 123 (MCL 565.452).
HB 4520 (Byrum) Consumer protection; privacy; social security numbers in recorded documents made available for inspection by register of deeds; require redaction unless prohibited by law. Amends sec. 1 of 1875 PA 54 (MCL 565.551).
SB 301 (Pappageorge) Consumer protection; privacy; social security numbers in judgments submitted to register of deeds for recordation; require redaction unless prohibited by law. Amends sec. 1 of 1873 PA 5 (MCL 565.401).

SB 302 (Jansen) Consumer protection; privacy; social security numbers in affidavits submitted to register of deeds for recordation; require redaction unless prohibited by law. Amends sec. 2 of 1915 PA 123 (MCL 565.452).
SB 303 (Birkholz) Consumer protection; privacy; social security numbers in recorded documents made available for inspection by register of deeds; require redaction unless prohibited by law. Amends sec. 1 of 1875 PA 54 (MCL 565.551).
SBM Position: Support in Principle HB 4519. The State Bar calls attention to the Real Property Law Section position that addresses the potential “time gap” problem concerning recording at the register of deeds.

Federal News
Debates to Connect Candidates and Voters Online
(New York Times, 7/23/07)

Court Tells U.S. to Reveal Data on Detainees at Guantánamo
(New York Times, 7/21/07)

State News
Bills Seek Earlier Mich. Presidential Primaries
(Detroit News, 7/19/07) 

Election Data Goes Online
(Detroit News, 7/18/07)

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