September 20, 2004 - September 26, 2004
Volume 2 Issue 38

In the Capitol
Committee meetings of interest for the week of 9/27.

9/28/04 Senate Judiciary

Agenda: HB 4140 Clarify liability for injuries sustained by renters and users of rented nonmotorized watercraft; HB 5680 Provide for stay of garnishment of bank account or tax refund when installment payments are made on judgment; HB 5763  Revise and index for inflation property exempt from execution; HB 5971 Provide for immunity for physicians, nurses, paramedics, and emergency medical technicians while assisting SWAT teams; HB 6008  Revise requirements for hearings on certain motions (abused or neglected adoption cases); HB 6009 Transfer Michigan children's institute to department of management and budget; HB 6010  Clarify jurisdiction and standing issues for petition for adoption; SB 1175 Establish sentencing guidelines for crimes related to damage or destruction of research property; SB 1176 Establish increased penalties for damaging or destroying research property or research; SB 1357 Allow licensed spouse to carry or transport another licensed spouse's inspected pistol; SB 1318 Provide for limiting liability for fire department donating fire equipment to other fire departments; SB 1366 Eliminate residency requirement for state bar; SB 1388  Allow under certain circumstances placement of public wards in out-of-state facilities.

Negligence Law Section Position: HB 4140 – Oppose
SBM Position: HB 5680 – Support in Principle
Legal Aid Committee Position: HB 5680 – Support “would also like to see additional protections for persons who have only non-garnishable federal benefits”


Complete Committee Meeting List
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Capitol Agenda
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(Detroit News, 09/25/04)

Legislation Introduced 9/21– 9/23
HB 6213 Children; custody; reference to "child custody" in the uniform child custody jurisdiction enforcement act; include "parenting time". TIE BAR WITH HB 5949.

HB 6214 Children; custody; reference to "child custody" in the probate code of 1939; revise. TIE BAR WITH HB 5949.

HB 6216 Occupations; individual licensing and regulation; notary public; allow to notarize a document for a relative.

HB 6222 Torts; immunity; emergency management act; expand to include pharmacists and pharmacist interns in list of individuals immune from liability.

HB 6226 Courts; court of appeals; location of offices of judges of court of appeals; prescribe.

HB 6228
Criminal procedure; bail; fee for local treasurers that hold cash or securities in lieu of bond; allow, and remove state treasurer's authority to hold cash or securities in lieu of bond.

SB 1405 Elections; absent voters; qualifications for voting absentee; eliminate.

SB 1406 Traffic control; driver license; resident address on driver license different than resident address on qualified voter file; permit.

SB 1407 Elections; absent voters; absent voter ballot; allow first-time voters to utilize.

SB 1408
Elections; registration; resident address on driver license different than resident address on qualified voter file; permit.

SB 1409
State; research, development, and high technology; requirement for state documents and records to be electronically stored; provide for.

SB 1415 Children; support; retroactive modification of child support assessment for certain military personnel; provide for.

SB 1426
Natural resources; nonnative species; penalties; clarify state of mind required as element of violation. TIE BAR WITH SB 1420, SB 1421, SB 1422, SB 1423, SB 1424, SB 1425.

Legislation Recently Signed into Public Acts
PA 328 of 2004 with Immediate Effect - SB 1252 (Switalski)
Civil procedure; costs and fees; payment for transcripts for certain appeals; increase. Amends sec. 2543 of 1961 PA 236 (MCL 600.2543).

PA 329 of 2004 with Immediate Effect - HB 6021 (Pumford)
Health; pharmaceuticals; reuse and redispensing of certain dispensed prescription drugs; allow under certain circumstances. Amends sec. 17766 of 1978 PA 368 (MCL 333.17766) & adds sec. 17766d.

PA 330 of 2004 with Immediate Effect - HB 4742 (LaSata)
Courts; funding; payment of minimum state cost as a condition of probation; require. Amends sec. 3, ch. XI of 1927 PA 175 (MCL 771.3).

PA 331 of 2004 with Immediate Effect - HB 5820 (Lipsey)
Crimes; penalties; penalties for reckless driving; increase. Amends sec. 626 of 1949 PA 300 (MCL 257.626).

PA 332 of 2004 with Immediate Effect - HB 5846 (Stakoe)
Criminal procedure; prosecuting attorneys; notification period to surety for defendant's failure to appear; extend to 14 days. Amends sec. 28, ch. V of 1927 PA 175 (MCL 765.28).
SBM Position: Support in Principle
Criminal Jurisprudence and Practice Committee Position: Support

PA 333 of 2004 with Immediate Effect - SB 722 (Brater)
Environmental protection; pollution prevention; types of eligible projects; expand. Amends sec. 14501 of 1994 PA 451 (MCL 324.14501) & adds sec. 14514. TIE BAR WITH SB 0723.

PA 334 of 2004 with Immediate Effect - SB 723 (Basham)
Environmental protection; pollution prevention; small business pollution prevention assistance revolving loan fund; revise eligibility criteria. Amends sec. 14513 of 1994 PA 451 (MCL 324.14513). TIE BAR WITH SB 0722.

PA 335 of 2004 with Immediate Effect - HB 5798 (Rivet)
Income tax; home heating credit; refund requirement for certain energy bills; revise. Amends sec. 527a of 1967 PA 281 (MCL 206.527a).

PA 336 of 2004 with Immediate Effect - HB 5801 (Shackleton)
Highways; bridges; penalties for failure to pay toll when crossing Mackinac bridge; provide for. Amends sec. 12 of 1952 PA 214 (MCL 254.322).

PA 337 of 2004 with Immediate Effect - SB 885 (Brown)
School aid; categoricals; evaluation tool requirements for intermediate district preschool grants; eliminate. Amends sec. 32j of 1979 PA 94 (MCL 388.1632j).

PA 338 of 2004 with Immediate Effect - SB 1328 (Cropsey)
Crimes; weapons; possession and use of certain weapons by law enforcement personnel; allow. Amends sec. 224a of 1931 PA 328 (MCL 750.224a).

In the Hall of Justice
Proposed Amendments
2003-65 - Proposed Amendment of Rules 6.425 7.210 and 8.119 of the Michigan Court Rules

The proposed amendments were recommended by the Court of Appeals Record Production Work Group.
Issued: September 23, 2004
Comment period expires: January 1, 2005
Public Hearing: To be scheduled

At The Bar
The 69th Annual Meeting of the State Bar of Michigan will take place Thursday, September 30 and Friday, October 1st.
2004 SBM Annual Meeting Program

Panel to Discuss Brown v Board of Education

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Federal News
U.S. Judge Orders Election Agency To Tighten Rules
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(New York Times, 9/21/04)

See Also:
Federal Judge Overturns FEC Election Regulations

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(Washington Times, 9/21/04)

Charges For Detainees Ordered
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(Washington Post, 9/21/04)

Senate Confirms Goss As Intelligence Chief
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(New York Times, 9/23/04)

House Restricts Rulings On Pledge
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(Washington Times, 9/23/04)

Voting System 'A Mess,' Panel Says
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(Washington Times, 9/25/04)

State News
Fliers Tell Some Voters They Missed Registration Deadline
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(Lansing State Journal, 9/22/04)

Tax Shift May Save Public Safety Jobs
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(Lansing State Journal, 9/22/04)

See Related:
House Approves Bill To Move Up County Property Tax Collection

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(Lansing State Journal, 9/23/04)

State To Test High-Speed Net Grants Program
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(Lansing State Journal, 9/22/04)

Links of Interest
Public Policy Resource Center
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