In
the Capitol
Committee
meetings of interest for the week of 9/18
9/19
Joint Select Committee on Economic Growth
Agenda:
A presentation by Gregory Burkart from Squire, Sanders & Dempsey
and Dan Foster from Silverlode Consulting on the site selection process
and the importance of tax climate and incentives.
9/19
House Judiciary
Agenda: HB
6430 Prohibit access to social websites by certain sex offenders; HB
6431 Add crime of accessing social networking websites by certain
sex offenders to sentencing guidelines.
9/20
House Judiciary
Agenda: HB
6403 Provide for personal protection order to prohibit certain
conduct on or near school property or students; HB
6404 Authorize state police to serve and arrest violators of school
zone personal protection order; HB
6405 Provide for jurisdiction over juvenile violations of school
zone personal protection order;
HB
6406 Allow arrest without warrant for violation of school zone personal
protection order; SB
701 Revise procedures for reports of missing endangered seniors in
law enforcement information network (LEIN); HB
5252 Prohibit fleeing the scene of dog or wolf-dog cross bite incident
or failing to provide assistance to bitten individual and provide penalties; HB
6348 Provide for confidentiality for disclosures to crime stoppers
organizations; HB
6416 Allow payment of forfeited funds to certain nonprofit crime prevention
entities under certain circumstances; HB
6365 Abolish rule of perpetuities; HB
6366 Delete reference to rule against perpetuities in probate law.
9/19
Senate Judiciary
Agenda: HB
6009 Increase penalties for third or subsequent drunk driving or
drug driving conviction regardless of the number of years elapsed since
prior conviction; SB
1241 Require maintenance of certain records of conviction for the
life of the person; SB
1428 Allow defendants to attend drug treatment courts in other
jurisdictions and revise mandatory requirements for drug treatment
courts; SB
1404 Increase penalties for harassing, interfering with, or injuring
law enforcement or search and rescue animal; SB
1405 Enact sentencing guidelines for certain crimes relating to
search and rescue operations.
9/20
Senate Finance
Agenda: Discussion - Michigan Tax Tribunal
Complete
Committee Meeting List
Legislation
Recently Signed into Public Acts
Legislation
Introduced 9/12 - 9/14
Of Interest to the Legal
Community
HB
6452 Family law; parenting
time; electronic visitation; allow. Amends sec. 7a of 1970
PA 91 (MCL 722.27a).
HB
6521 Criminal procedure; jurisdiction; venue for prosecution
of certain identity-theft-related crimes; clarify.
HB
6522 Consumer protection; privacy; information privacy and protection
act; create.
HB
6532 Criminal procedure; records; criminal conviction overturned
based on DNA evidence; provide for deletion of record.
SB
1428 Courts; other; drug treatment courts; allow defendants to
attend drug treatment courts in other jurisdictions and revise mandatory
requirements for drug treatment courts. Amends secs. 1060 & 1062
of 1961
PA 236 (MCL 600.1060 & 600.1062).
Of
General Interest
A
package of bills addressing election and voter issues was introduced
in both the House of Representatives and the Senate. To view the bills
online, visit the Michigan Legislature’s homepage and
search for HB 6482–HB 6506, HB 6509–HB 6512, SB 1431–SB
1447, and SB 6509–SB 6512.
HJR
BB Elections; other; process for amending the state constitution;
revise.
HB
6480 Labor; fair employment practices; employer monitoring of
employee communications; prohibit unless the employer establishes
an employee monitoring policy and discloses that policy to employees.
HB
6514 Criminal procedure; evidence; additional blood or urine
sample to be taken and preserved for later chemical testing if demanded
within 15 minutes of initial chemical test; provide for.
In
the Hall of Justice
Supreme
Court Teams with State Bar of Michigan, MGTV, and WBFH-FM on Constitution
Day Resource; Podcast Available
Rule Amendments
2004-42
- Amendment of Rule 8.110 of the Michigan Court Rules
The amendments modify the reporting requirements for the Delay in Criminal
Proceedings Report to reflect the 100 percent disposition periods incorporated
in Administrative Order No. 2003-7, to make the reporting quarterly instead
of monthly, and to eliminate the need to give a reason for the delay.
Issued: September
12, 2006
Effective: September 12, 2006
Comment period expires: January 1, 2007
Public Hearing: To be scheduled
| At
the Bar
Kimberly
M. Cahill is 72nd State Bar President
SBM
Member Benefits Expand to Include PMRC Lending Library and ABA Book
Discounts
FOCUS: The Board of Commissioners met on Wednesday, September 13, 2006.
The following public policy positions were adopted by the State Bar of
Michigan:
2006-07
- Proposed Amendment of Rule 7.211 of the Michigan Court Rules
The May 24, 2006 proposed amendments reflect the recommendations
of Michigan Court of Appeals. The proposed amendments would extend the time
to answer certain motions from 7 to 14 days, and would establish a new category
of motions that can be decided in less than 7 days without delaying submission
until the answer period has expired. The Court of Appeals believes that the
resulting categories are distinguishable by the perceived likelihood that opposing
counsel will seek to answer the motion, by the complexity of the answer that
would likely be drafted, and by the Court of Appeals interest in quickly resolving
such motions.
POSITION:
Support
2006-08
- Proposed Amendment of Rule 7.211 of the Michigan Court Rules
The June 20, 2006 proposed amendments of MCR 7.211 reflect the recommendations
of the Michigan Court of Appeals. The proposed amendments would reduce from
56 days to 28 days the deadline for submission of a motion to withdraw as appointed
counsel in an appeal from an order terminating parental rights. The 56-day
deadline would be retained for all other appeals. According to the Court of
Appeals, if the proposed amendment is approved, the time before submission
that is allotted to the party to file an answer to the motion will be equivalent
to the time provided to that same party to draft the appellant’s brief
on appeal. The Court of Appeals therefore believes that shortening the time
allotted in cases involving termination of parental rights would be consistent
with the truncated time line that is otherwise applied to those cases. The
Court of Appeals also believes that the review function of the Court of Appeals
staff is a good safeguard against frivolous motions to withdraw cases where
answers are not filed.
POSITION:
Authorize the Justice Initiatives Committee to advocate its position.
HB
5933 (Hummel) Administrative procedure; contested cases; requirement
of written record; clarify. Amends sec. 74 of 1969
PA 306 (MCL 24.274).
POSITION:
Support in Principle provided that changes offered by the Administrative
Law Section are adopted.
HB
6100 (Van Regenmorter) Civil procedure; costs and fees; compliance
fee; allow court to assess for penalty, fee, or costs not paid by date
specified. Amends sec. 4803 of 1961
PA 236 (MCL 600.4803).
POSITION:
Oppose in Principle
HB
6304 (Mayes) Consumer protection; unfair trade practices; limitation
on award of attorney fee in action under Michigan consumer protection
act; eliminate. Amends sec. 10 of 1976
PA 449 (MCL 445.360).
POSITION:
Active Support
SB
1266 (Bishop) Occupations; notaries public; eligibility for licensed
attorneys to serve as notaries public; provide for. Amends secs. 11,
13, 15, 27 & 29 of 2003
PA 238 (MCL 55.271 et
seq.).
POSITION:
Support in Principle
SB
1272 (Van Woerkom) Probate; guardians and conservators; criminal
background checks; require for guardians and conservators of vulnerable
adults or children. Amends 1998
PA 386 (MCL 700.1101 - 700.8102)
by adding sec. 5106a.
POSITION:
Oppose in Principle
SB
1316 (Sanborn) Courts; juries; jury summons; require to clearly
explain conditions for exemption from jury service. Amends sec. 133
of 1961
PA 236 (MCL 600.1332).
SB
1317 (Bishop) Courts; juries; exemption from jury service for individuals
who have served within the preceding 24 months; provide for. Amends
sec. 1307a of 1961
PA 236 (MCL 600.1307a).
SB
1318 (George) Courts; juries; submission of written questions to
witnesses by jurors; allow. Amends 1961
PA 236 (MCL 600.101 - 600.9947)
by adding sec. 2170.
SB
1319 (George) Courts; juries; discussion among jurors before trial
concludes; allow under certain circumstances. Amends 1961
PA 236 (MCL 600.101 - 600.9947)
by adding sec. 1350c.
SB
1320 (George) Courts; juries; penalties for failure to appear or
complete jury duty; provide for. Amends sec. 1332 of 1961
PA 236 (MCL 600.1332).
SB
1323 (George) Courts; juries; peremptory challenges when selecting
jurors; eliminate. Amends 1961
PA 236 (MCL 600.101 - 600.9947)
by adding sec. 1350b & repeals secs. 12 & 13, ch. VIII & sec.
17, ch XIV of 1927
PA 175 (MCL 768.12, 768.13 & 774.17).
POSITION: Oppose in Principle. The proposed
changes are within the jurisdiction of the Supreme Court. The legislation
is a breach of the separation of powers.
SB
1321 (George) Civil procedure; costs and fees; separate filing
fee for each defendant named in a lawsuit; require. Amends secs. 2529 & 8371
of 1961
PA 236 (MCL 600.2529 & 600.8371).
POSITION:
Oppose in Principle. The requirement of additional fees would limit
access to the court system and therefore to justice for those of limited
means.
SB
1348 (Garcia) Courts; state court administration; authority for
magistrates to oversee arraignments; allow. Amends secs. 8511 & 8513
of 1961
PA 236 (MCL 600.8511 & 600.8513).
POSITION: Support in Principle
For more information regarding these positions, please contact Elizabeth
Lyon at elyon@mail.michbar.org or
(517) 346-6325.
Sections
and Committees
The
Administrative Law Section submitted a public
policy report stating its opposition to HB
5936 Administrative procedure; hearings; appeal and judicial review
of certain decisions; revise procedures and include finding on regulatory
impact of certain decisions. Amends secs. 28, 81, 85, 86 & 106
of 1969
PA 306 (MCL 24.228 et
seq.) & adds sec. 107.
The Appellate
Practice Section submitted a public policy report stating
its support for 2006-07
- Proposed Amendment of Rule 7.211 of the Michigan Court Rules.
Federal
News
Chief
Justice Roberts on Constitution Day
(Washington Post, 9/18/06)
High
Court to Post Same-Day Transcripts
(Washington Post, 9/15/06)
House
Votes To Disclose Earmarks
(Washington Post, 9/15/06)
Ruling
allows ID at Arizona polls
(Washington Times, 9/12/06)
State
News
Senate
Rejects Granholm Appointees
(Lansing State Journal, 9/14/06)
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