September 5, 2005 - September 11, 2005
Volume 3 Issue 35

In the Capitol
Committee meetings of interest for the week of 9/12
9/13 Senate 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; SB 423 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.

9/14 House Judiciary
Agenda: HB 4577 Provide for enforcement of medicaid whistleblower protection; HB 4738 Revise definitions of the various degrees of the crime of child abuse; HB 4968 Enact miscellaneous amendments to the estates and protected individuals code; HB 4335 Provide for waiver of certain recertification requirements for law enforcement officers who return from duty after military service; HB 4327 Provide for record expungement for certain offenders.
SBM Position: Active support. Actively oppose lengthening the time to expunge a felony.
Prisons and Corrections Section Position: Support
Criminal Law Section Position: Support
Criminal Jurisprudence and Practice
Committee Position
: Support

Complete Committee Meeting List

Capitol Agenda

Legislation Introduced 9/6-9/8
Of Interest to the Legal Community
HB 5124 Counties; other; inspection and reproduction of records and files in the office of the register of deeds; clarify. Amends sec. 1 of 1875 PA 54 (MCL 565.551) & adds secs. 2 & 3.

HB 5132 Libraries; state; requirement for certain public documents to be provided to state libraries; eliminate when documents are available on the internet. Amends sec. 9 of 1982 PA 540 (MCL 397.19).

HB 5135 Criminal procedure; other; certain conflicts with court rules; eliminate and harmonize with court decisions. Amends secs. 12, 13 & 20a, ch. VIII, secs. 10, 11 & 12, ch. IX & sec. 3, ch XI of 1927 PA 175 (MCL 768.12 et seq.) & repeals sec. 3a, ch. X of 1927 PA 175 (MCL 770.3a).

HB 5139 Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years of repeal of the defense. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: HB 4773'05

HB 5145 Criminal procedure; sentencing; procedures for payment of certain costs, assessments, and restitution in criminal cases; revise. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 1k to ch. IX.

Of General Interest
HJR N Land use; condemnation; taking of private property by eminent domain for the primary benefit of private entities; prohibit. Amends sec. 54, art. X of the state constitution.

HB 5117 Taxation; hotel-motel tax; state convention facility development fund distribution; revise. Amends secs. 3, 10 & 12 of 1985 PA 106 (MCL 207.623 et seq.).

HB 5121 Consumer protection; marketing and soliciting; posted gas price regulations; provide for. Amends sec. 28b of 1964 PA 283 (MCL 290.628b).

HB 5126 Property tax; special assessments; millage assessed for police and fire districts; permit levy on per parcel or ad valorem basis. Amends sec. 1 of 1951 PA 33 (MCL 41.801).

HB 5128 Property tax; assessments; adjustment following transfer of ownership; revise. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

HB 5129 Corrections; prisoners; good time and disciplinary credits; restore for all prisoners and eliminate disciplinary time. Amends secs. 20g, 33, 34, 34a, 35, 36, 51, 65 & 65a of 1953 PA 232 (MCL 791.220g et seq.) & repeals secs. 33b & 33c of 1953 PA 232 (MCL 791.233b & 791.233c). TIE BAR WITH: HB 5130'05 HB 5131'05

HB 5130 Corrections; prisoners; provisions of prison code relating to disciplinary time; eliminate, and broaden applicability of good time and disciplinary credits. Amends sec. 33 of 1893 PA 118 (MCL 800.33) & repeals secs. 34 & 35 of 1893 PA 218 (MCL 800.34 & 800.35). TIE BAR WITH: HB 5129'05

HB 5131 Criminal procedure; sentencing; provisions concerning sentencing multiple felonies; eliminate reference to disciplinary time. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12). TIE BAR WITH: HB 5129'05

HB 5139 Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years of repeal of the defense. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: HB 4773'05

HB 5140 Income tax; property tax credit; maximum amount of property tax credit; index for inflation. Amends secs. 520 & 522 of 1967 PA 281 (MCL 206.520 & 206.522).

HB 5142 Crimes; other; criminal forcibly entering or intruding into home or vehicle; allow person to use deadly force in self-defense. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21c to ch. VIII.

HB 5143 Crimes; other; right to self-defense and defense of others; clarify and provide for criminal and civil immunity under certain circumstances. Creates new act.

SB 721 Sales tax; other; provision regarding taxpayer as materialperson; revise to include construction materials. Amends sec. 6 of 1933 PA 167 (MCL 205.56).

SB 726 Sales tax; collections; sales tax on the difference between trade-in and purchase price of new vehicles; limit. Amends sec. 1 of 1933 PA 167 (MCL 205.51).

SB 729 Taxation; hotel-motel tax; population of county subject to excise tax; modify. Amends sec. 3 of 1985 PA 106 (MCL 207.623).

SB 732 Property tax; assessments; adjustment following transfer of ownership; revise. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

SB 739 Insurance; essential; practice of credit scoring; regulate.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Thursday, August 29, 2005, from 9:30 to 11:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915.
Directions to Hall of Justice and Visitor Parking
Agenda of Administrative Public Hearing

Employees with 20 or More Years of Service Honored by Michigan Supreme Court in September 8 Ceremony

U.S. Constitution is Focus of Michigan Government TV Interview with Chief Justice Taylor; Program Offered as Constitution Day Study Aid

At The Bar
The State Bar of Michigan’s 70th Annual Meeting will take place September 22-23. The last meeting of the 2004-2005 Public Policy, Image and Identity Committee and Board of Commissioners will be on September 21.

Information on the 70th Annual Meeting

Federal News
Senate Sets Date for Roberts Confirmation Hearings
(Washington Times, 9/7/05)

State News
People's Law School Takes Anxiety Out of Legal Process
(Lansing State Journal, 9/12/05)

Court Exams' Value Debated
(Detroit News, 9/11/05)

Schools Spared in Michigan Budget Accord
(Lansing State Journal, 9/10/05)
See Related:
Granholm, Republican Leaders Agree on Budget Outline
(Detroit News, 9/10/05)
Granholm, GOP Leaders Reach Agreement on Budget
(Lansing State Journal, 9/9/05)

Links of Interest
Public Policy Resource Center
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