August 22, 2005 - August 28, 2005
Volume 3 Issue 33

Due to the Labor Day holiday, next week's Update will be published on September 6, 2005.

In the Capitol
Committee meetings of interest for the week of 8/29
8/30 House Tax Policy
Agenda: HB 5106 Eliminate certain sales tax exemptions; HB 5107 Eliminate certain use tax exemptions; HB 5108 Provide for and provide for a personal property tax credit, 100% sales apportionment factor, and eliminate health care addback in single business tax rate; HB 5095 Create amnesty program and increase penalties for nonremittance; HB 5096 Create specific tax on commercial rental property; HB 5097 Revise definition of additions and losses, and eliminate certain commercial rental property tax exemptions; HB 5098 Eliminate, subject limited liability companies to small business credit income disqualifiers and other amendments for corporate farm credit in the single business tax; HB 4980 Eliminate sales tax exemption on prisoner purchases.

8/30 Senate Judiciary
Agenda: HB 4934 Revise penalties for failing to report certain sex offender registration information to police agency and require report upon vacating residence; HB 4937 Allow use of certain evidence to prove the character of the defendant; HB 4957 Enact sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present; SB 648 Revise reference to L.E.I.N. policy council act to criminal justice information systems policy council act.

Complete Committee Meeting List

Legislation Introduced 8/24
Of General Interest to the Legal Community
HB 5100 Family law; parental rights; military parental custody rights; clarify. Amends secs. 2, 5 & 7 of 1970 PA 91 (MCL 722.22 et seq.).

HB 5101 Criminal procedure; evidence; requirement for law enforcement interrogations and confessions to be videotaped; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 23 to ch. XVI.

Of General Interest
HB 5106 Sales tax; exemptions; certain exemptions; eliminate. Amends secs. 4a, 4d & 4s of 1933 PA 167 (MCL 205.54a et seq.).

HB 5107 Use tax; exemptions; certain exemptions; eliminate. Amends secs. 3a, 4 & 4u of 1937 PA 94 (MCL 205.93a et seq.).

HB 5108 Single business tax; rate; alternative tax rate and rate reduction; provide for and provide for a personal property tax credit, 100% sales apportionment factor, and eliminate health care addback. Amends secs. 4a, 31, 36 & 45a of 1975 PA 228 (MCL 208.4a et seq.) & adds sec. 35d.

HB 5109 State; funds; Michigan trust fund act; modify to accommodate securitization of tobacco revenue. Amends title & sec. 2 of 2000 PA 489 (MCL 12.252); adds sec. 7 & repeals secs. 3 & 5 of 1999 PA 94 (MCL 390.1453 & 390.1455).

In the Hall of Justice
Don't be Fooled by Bogus Phone Calls, State Court Administrative Office Warns; Scammers Pose as Court Officials, Seek Information

At The Bar
Freedom Road Milestone Dedicated

Sections and Committees
The Standing Committee on Justice Initiatives submitted the following public policy recommendations to the State Bar:
Support: 2005-02 - Proposed Administrative Order regarding Privacy Policy and Access to Court Records The Court is considering adoption of the proposed Administrative Order to ensure the confidentiality of social security numbers and management of nonpublic information contained within public documents filed within the judiciary.

Support: HB 4851 Juveniles; criminal procedure; age under which court has jurisdiction; revise. Amends sec. 2, ch XIIA of 1939 PA 288 (MCL 712A.2).

Oppose: HB 4629 Criminal procedure; sentencing; cost of prosecution; require payment in certain circumstances. Amends secs. 1f & 3, ch. IX, sec. 3, ch. XI, sec. 8, ch. XII & sec. 22, ch. XIV of 1927 PA 175 (MCL 769.1f et seq.).

Oppose: SB 363 Criminal procedure; sentencing; juvenile convicted of first or second degree murder; require to be sentenced as an adult. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18).
Oppose the proposed legislation and work with others to find a more appropriate solution to the difficulties presented by the current preliminary exam laws:
HB 4796 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends secs. 1 & 4, ch. VI of 1927 PA 175 (MCL 766.1 & 766.4).

HB 4797 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a). TIE BAR WITH HB 4796, HB 4799, HB 4800

HB 4799 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends secs. 40 & 42, ch. VII of 1927 PA 175 (MCL 767.40 & 767.42). TIE BAR WITH: HB 4796, HB 4797, HB 4800

HB 4800 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends sec. 8311 of 1961 PA 236 (MCL 600.8311). TIE BAR WITH: HB 4796, HB 4797, HB 4799.

SB 542 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends secs. 40 & 42, ch. VII of 1927 PA 175 (MCL 767.40 & 767.42). TIE BAR WITH: SB 0543, SB 0544, SB 0545

SB 543 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a). TIE BAR WITH: SB 0542, SB 0544, SB 0545

SB 544 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends secs. 1 & 4, ch. VI of 1927 PA 175 (MCL 766.1 & 766.4).

SB 545 Criminal procedure; preliminary examination; right to preliminary examination for certain crimes; eliminate. Amends sec. 8311 of 1961 PA 236 (MCL 600.8311). TIE BAR WITH: SB 0542, SB 0543, SB 0544

State News
State Rep. Quits Race, Supports DeVos For Governor
(Lansing State Journal, 8/29/05)

GOP Plan From House Seeks $1B In Tax Cuts
(Detroit News, 8/28/05)
See Related:
House GOP Unveils Business Tax Cut
(Lansing State Journal, 8/26/05)

States Face Difficulties Keeping Up With Cyberthreats
(Lansing State Journal, 8/26/05)

State Police Improve System That Checks Criminal Backgrounds
(Lansing State Journal, 8/24/05)

Links of Interest
Public Policy Resource Center
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