September 13, 2004 - September 19, 2004
Volume 2 Issue 37

In the Capitol
Committee meetings of interest for the week of 9/20.
09/21/04 Senate Judiciary
Agenda: HB 5467 Require premarriage program or longer waiting period 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 5471 Add to child custody act parenting plan procedures and content; 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 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; HB 5414 Require notification to state regarding certain lawsuits; SB 1384 Establish right of victim of identity theft to obtain police report of identity theft from law enforcement agency; HB 5906 Allow certain public bodies to create law enforcement agencies; HB 5907 Extend jurisdiction of commission on law enforcement standards to law enforcement officers of multicounty metropolitan districts; HB 5347 Prohibit and prescribe penalties for operation of audiovisual recording function of a device in motion picture exhibition facilities; HB 5336 Enact sentencing guidelines for crime of audio visual recording in a motion picture facility; SB 1386 Clarify liability of owner or lessee of a facility where a motion picture is exhibited; SB 1387 Clarify liability motion picture piracy violations.

Complete Committee Meeting List
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Capitol Agenda
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(Detroit News, 09/18/04)

Legislation Introduced 9/14– 9/15
HB 6210 Children; abuse or neglect; circumstances under which an investigation may commence; revise.

SB 1386 Civil procedure; civil actions; certain misconduct; clarify liability of owner or lessee of a facility where a motion picture is exhibited. TIE BAR WITH HB 5347.

SB 1388 Juveniles; other; placement of public wards in out-of-state facilities; allow under certain circumstances.

SB 1390 Elections; candidates; requirement for candidates to be registered voters for certain period of time before filing for office; provide for.

Legislation Recently Signed into Public Acts
HB 5517 (Shulman) – PA 327 of 2004 with Immediate Effect
Appropriations; zero budget; general government; provide for fiscal year 2004-2005. Creates appropriation act.

In the Hall of Justice
Rule Amendments
2004-12 - Reinstatement of Order No. 1969-4
On order of the Court, Administrative Order No. 1969-4 is reinstated and the Court’s order of June 4, 2004, rescinding Administrative Order 1969-4 is vacated, effective immediately.
Issued:September 14, 2004
Effective: September 14, 2004

Proposed Amendments
2004-40 - Proposed Amendment of Rule 3.215 of the Michigan Court Rules
This proposed amendment would implement 2004 PA 210, which redefines “de novo hearings” and allows trial courts to give interim effect to a referee’s recommended order pending a hearing de novo.
Issued: September 14, 2004
Comment period expires: January 1, 2005
Public Hearing: To be scheduled

2004-11 - Proposed Amendment of Rule 6.445 of the Michigan Court Rules
The proposed amendments would require a sentencing judge to convey to a probationer whose probation is revoked that he or she is entitled to appeal by right only where the probationer’s underlying conviction occurred as the result of a trial. Where the underlying conviction resulted from a plea of guilty or nolo contendere, the probationer would not be entitled to appeal by right, even where the revocation resulted from a contested hearing.
Issued: September 14, 2004
Comment period expires: January 1, 2005
Public Hearing: To be scheduled

2003-62 - Proposed Adoption of New Michigan Rules of Professional Conduct
An order was issued September 14, 2004 extending the deadline for comments from December 1, 2004 to February 1, 2005.
Issued: July 2, 2004
Order Extending Comment Period Issued:September 14, 2004
Comment period expires: February 1, 2005
Public Hearing: To be scheduled

Other Actions
2004-01 - Supreme Court Appointments to the Attorney Discipline Board
William P. Hamption is reappointed as a lawyer member, and Rev. Ira Combs, Jr., is reappointed as a lay member of the Attorney Discipline Board for terms ending September 30, 2007. Theodore J. St. Antoine if reappointed chair of the Board and William P. Hampton is reappointed vice-chair for terms ending September 30, 2005.
Issued: September 14, 2004

2004-01 - Supreme Court Appointments to the Attorney Grievance Commission
Karen Quinlan Valvo is reappointed as a lawyer member, and Barbara B. Gattorn is reappointed as a lay member of the Attorney Grievance Commission for terms ending September 30, 2007. Carl E. Ver Beek is reappointed chair of the Commission and Karen Quinlan Valvo is appointed vice-chair for terms ending September 30, 2005.
Issued:September 14, 2004

2004-01 - Appointment of Commissioner-at-Large of the State Bar of Michigan
Scott C. Strattard is appointed commissioner-at-large of the State Bar of Michigan for a three-year term commencing upon the adjournment of the meeting of the outgoing Board of Commissioners held at the annual meeting following the member’s appointment.
Issued: September 14, 2004

At The Bar
Corporate Reception to Benefit ATJ Fund for Civil Legal Aid
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Supreme Court Candidate Forum Set for Oct. 1
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Federal News
Absentee Votes Worry Officials As Nov. 2 Nears
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(New York Times, 9/13/04)

Legal Groups Offer Churches Aid
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(Washington Times, 9/13/04)

Vote Drives Gain Avid Attention Of Youth In '04
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(New York Times, 9/15/04)

House Passes Frivolous Lawsuit Bill
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(CNN.com 9/14/04)

Bush Delays Agreement On Details Of Debates
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(Detroit News, 9/17/04)

See Also:
Bush, Kerry Tentatively Settle On 3 Debates
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(Washington Post, 9/20/04)

Ready Or Not, Electronic Voting Goes National
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(New York Times, 9/19/04)

State News
House delays tax vote, may consider welfare drug testing
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(Lansing State Journal, 9/16/04)

Granholm Signs Budget Bill Based On Tax Change
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(Lansing State Journal, 9/18/04)

Links of Interest
Public Policy Resource Center
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