September 6, 2004 - September 12, 2004
Volume 2 Issue 36

In the Capitol
FOCUS: HB 5520 FY 2004-05 Judiciary Budget
Appropriations; zero budget; judiciary; provide for fiscal year 2004-2005. Creates appropriation act.
During last week’s session, the conference report on HB 5520 was approved in the House with a vote of 107 to 0 and in the Senate by a vote of 35-0 with 3 excused. The bill was ordered enrolled on September 9th.

FOCUS: SB 1064 FY 2004-05 Corrections Budget
Appropriations; zero budget; department of corrections; provide for fiscal year 2004-2005. Creates appropriation act.
The conference report on SB 1064 was ordered enrolled on September 9th, passing the Senate 33-2, with 3 excused. The vote in the House was 89 yeas and 14 nays.

Committee meetings of interest for the week of 9/13.
09/14/04 Senate Judiciary
Agenda: HB 5467 Require premarriage program or longer waiting period as prerequisites for issuance of a marriage license; HB 5468 Provide for marriage preservation tax credit; HB 5469 Establish criteria for program to qualify for marriage preservation tax credit; HB 5470 Require an educational predivorce program; HB 5472 Clarify certain criteria for determining "interests of the child"; HB 5473 Require recording of certain information on marriage license and certificate; HB 5474 Expand individuals who can accept payment and perform marriage and family counseling; SB 959 Expand individuals who can accept payment and perform marriage and family counseling; SB 960 Require an educational predivorce program; SB 961 Establish criteria for program to qualify for marriage preservation tax credit; SB 963 Require recording of certain information on marriage license and certificate; SB 964 Require premarriage program or longer waiting period as prerequisites for issuance of a marriage license; SB 966 Add to child custody act parenting plan procedures and content.
PENDING REFERRAL: HB 4742 Require payment of minimum state cost as a condition of probation.

09/15/04 House Criminal Justice

Agenda: HB 6168 Create identity theft protection act; HB 6169 Establish sentencing guidelines for crimes of identity theft and obtaining, possessing, or transferring personal identifying information of another with intent to commit identity theft; HB 6170 Clarify jurisdiction for prosecuting crime of identity theft; HB 6171 Establish and provide penalties and remedies for social security number privacy act; HB 6172 Provide for tolling of statute of limitations in certain cases of or related to identity theft; HB 6173 Establish right of victim of identity theft to obtain police report of identity theft from law enforcement agency; HB 6174 Create remedy in Michigan consumer protection act for certain violations of identity protection act; HB 6175 Prohibit expiration date and full account number from being printed on receipt credit card receipt; HB 6176 Prohibit requirement for disclosure of social security number to purchase or obtain certain goods and services of a retailer; HB 6177 Prohibit and provide penalties for capturing certain personal identifying information without consent; SB 792 Create identity theft protection act; SB 793 Clarify crime of obtaining personal identity information of another with intent to unlawfully use the information; SB 795 Establish and provide penalties and remedies for social security number privacy act; SB 220 Prohibit expiration date and full account number from being printed on receipt credit card receipt; SB 657 Prohibit requirement for disclosure of social security number to purchase or obtain certain goods and services of a retailer; SB 798 Prohibit denial of credit to identity theft victims; SB 797 Establish sentencing guidelines for crimes of identity theft; SB 803 Provide for tolling of statute of limitations in certain cases of identity theft.

Complete Committee Meeting List
View Full Text

Capitol Agenda
View Full Text
(Detroit News, 09/11/04)

Legislation Introduced 9/8 – 9/9

HB 6130
Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow.
TIE BAR WITH
HB 6131 Juveniles; criminal procedure; forensic examinations of juveniles to determine competency; allow.
TIE BAR WITH
HB 6132 Juveniles; criminal procedure; provisions relating to the alibi defense; expand to include juveniles.

HB 6162 Elections; candidates; ballot designation for candidates with similar names; require.

HB 6171 Civil rights; privacy; social security number privacy act; establish and provide penalties and remedies.

HB 6176 Trade; consumer goods and services; requirement for disclosure of social security number to purchase or obtain certain goods and services of a retailer; prohibit.

HB 6179 Civil procedure; costs and fees; contingency fees in medical malpractice lawsuits; limit to 1/4 of the settlement plus expenses.

HB 6203 Gaming; horse racing; state and federal criminal history check of applicant for an occupational license; provide for.

HB 6204 Occupations; forensic polygraph examiners; requirement for criminal history check of applicants; provide for.

SB 1353 Retirement; state employees; employer contribution; increase.

SB 1366
Occupations; attorneys; residency requirement for state bar; eliminate.

SB 1368 Courts; funding; portion of unexpended funds in the judicial technology improvement fund; allow to transfer into the general fund for fiscal year 2004-2005.

SB 1369 Courts; funding; portion of unexpended funds in the juror compensation fund; allow to be transferred into the general fund.

SB 1378 Children; custody; custody action by third person; expand to include a parent who is "incapacitated".

Legislation Recently Signed into Public Acts
HB 5876 (Sheen) – PA 325 of 2004 Immediate Effect
Environmental protection; other; issuance of permits; impose deadline.

SB 1124 (Stamas) – PA 326 of 2004 Immediate Effect
Property; conveyances; conveyance of certain state owned property in Alpena county; provide for.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Wednesday, September 15, 2004, from 9:30 to 11:30 a.m. in Room No. 200 located on the Second Floor of the Saginaw County Building, 111 S. Michigan, Saginaw, MI.
View Agenda

Criminal Jurisprudence and Practice Committee Position: Oppose with comments
Legal Aid Committee Position: No Position but recommends the State Bar seek guidance from and give great weight to the views of organizations such as the State Appellate Defender Organization and the Criminal Defense Association of Michigan when formulating any State Bar position.
The State Bar does not yet have a position on Administrative Files 2000-32 but is scheduled to review the proposed administrative order at its September 30th Board of Commissioners meeting.
2000-32 - Proposed Administrative Order Regarding Minimum Standards for Indigent Criminal Appellate Defense Services

For a faxed copy of these reports, please e-mail elyon@mail.michbar.org.

At The Bar
Michigan Legal Milestone to Honor President Gerald R. Ford
View Full Text
(State Bar of Michigan, 9/8/04
)

Sections and Committees
The Real Property Law Section submitted the following public policy report:
Oppose: SB 1145 Housing; residential; condominium association collection practices; clarify.

Federal News
Campaigns Enlist Big Names to Set Debates' Details
View Full Text
(New York Times, 9/10/04)


State News
Tuition Increases Can't Exceed 2.8%
View Full Text
(Detroit Free Press, 9/10/04)




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