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In
the Capitol
The
Michigan House of Representatives is adjourned until November 4, 2004.
Committee
meetings of interest for the week of 10/4.
10/5 Senate
Judiciary:
Agenda: SB
1366 Eliminate residency requirement for state bar; HB
5680 Provide for stay of garnishment of bank account or tax refund
when installment payments are made on judgment;
HB
5971 Provide for immunity for physicians, nurses, paramedics, and
emergency medical technicians while assisting SWAT teams; SB
1440 Provide for provision to clarify review hearing process after
a child is removed; SB
1441 Revise review process of child's placement in foster care;
SB
1442 Revise time frame for holding permanency planning hearings; SB
1444 Provide for juvenile code revisions; SB
1437 Revise and index for inflation property exempt from execution;
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
6172 Provide for tolling of statute of limitations in certain cases
of or related to identity theft.
SBM
Position: SB 1366 – Active Support
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
View
Full Text
Capitol Agenda
View Full Text
(Detroit News, 10/2/04)
Legislation Introduced 9/28– 9/30
HB
6236 Courts; probate court; counties in which the probate judge has
the power, authority, and title of a district judge; include Iron county.
HB
6237 Businesses; limited liability; formation of practice by different
licensed health care providers; allow.
HB 6244 Family law; marriage and divorce; marriage license fee; increase.
HB
6246 Corrections; jails; allowable methods for avoiding jail overcrowding
emergency releases; include housing inmates in open spaces within jail.
HB
6247 Elections; campaign practices; notification to a candidate prior
to the distribution of certain paid advertising; require.
HB 6248 Juveniles; other; policies and procedures dealing with section
504 requirements for certain public wards in juvenile facilities; establish.
HB 6249 Juveniles; other; notification of parents of a public ward's
eligibility for section 504 service; establish.
HB 6250 Juveniles; other; discrimination against youth with physical
or mental impairment in juvenile detention facility; prohibit.
HB 6251 Juveniles; other; comprehensive evaluation of public ward
in juvenile facility; establish.
HB 6252 Juveniles; other; policies and procedures for certain juveniles
requiring section 504 accommodations; develop and implement.
HB 6253 Juveniles; other; individualized education program for certain
public wards in juvenile facilities: require.
HB
6254 Juveniles; other; attendance by general education teacher or
delegate at IEP meetings; require in juvenile facilities.
HB
6255 Juveniles; other; policies and procedures to identify public
wards requiring special education programs and services and those already
certified as needing special education programs and services; require.
HB
6256 Juveniles; other; individualized education programs for certain
public wards at juvenile facilities; develop and implement.
HB
6257 Juveniles; other; revision of public ward's certification of
eligibility for certain services; require documentation.
HB
6258 Juveniles; other; model of service based on needs of youth in
juvenile detention facility; establish.
HB
6259 Juveniles; other; obtaining medical records for youths in juvenile
facility; establish procedures.
HB
6260 Juveniles; other; certain specialized counseling at juvenile
facility; require.
HB 6261 Juveniles; other; procedure for identifying public wards in
juvenile facility having difficulty in general education program; establish.
HB 6262 Juveniles; other; evaluation of youth detained in juvenile
facility; allow to proceed in certain cases without parental consent.
HB
6263 Juveniles; other; procedures to identify youth requiring special
education programs and services in juvenile facilities; develop and implement.
HB
6264 Juveniles; other; strategies to identify public wards requiring
section 504 accommodations; develop and implement.
HB 6265 Human services; children's services; uniform policy for reporting
death of children residing at facility; establish.
HB
6266 Children; child care; uniform policy for reporting death of children
residing at facility or home licensed under the child care organizations
act; establish.
HB 6267 Children; protection; uniform policy for reporting death of
juvenile residing at facility; establish.
HB 6268 Juveniles; other; uniform policy for reporting death of juveniles
residing at facility; establish.
HB 6269 Corrections; state facilities; uniform policy for reporting
deaths of juveniles in the custody of the department of corrections; establish.
HB 6270 Juveniles; criminal procedure; uniform policy for reporting
death of juveniles residing at facilities; establish.
HB
6271 Human services; foster parents; uniform policy for reporting
death of minor residing at facility; establish.
HB 6277 Criminal procedure; verdicts; recording of order setting aside
forged deed following criminal conviction; provide for.
HB 6278 Civil procedure; other; recording of order setting aside forged
deed following criminal conviction; provide for.
HB
6282 Health; medical records; release of personal health information;
require to comply with HIPAA regulations.
HB
6285 Courts; juries; juror qualification questionnaires; omit requirement
of sending to certain individuals disqualified or excused from jury service.
HB 6295 Land use; land division; land division act; revise to allow
nonjudicial process for extinguishing certain platted easements.
SB
1437 Civil procedure; bankruptcy; property exempt from execution;
revise and index for inflation. SAME AS HB 5763.
SB
1440 Juveniles; other; provision to clarify review hearing process
after a child is removed; provide for.
SB
1441 Children; services; review process of child's placement in foster
care; revise.
SB
1442 Children; services; time frame for holding permanency planning
hearings; revise.
SB
1444 Juveniles; other; juvenile code revisions; provide for.
Legislation Recently Signed into Public
Acts
PA 339 of 2004 – FY 2004-05 Judiciary Budget, Effective
9/28/04
HB
5520 (Shulman) Appropriations; zero budget; judiciary; provide for
fiscal year 2004-2005. Creates appropriation act.
PA 340 of 2004 – FY 2004-05 History, Arts, and Libraries
Budget, Effective 9/28/04
HB
5519 (Shulman) Appropriations; zero budget; department of history,
arts, and libraries; provide for fiscal year 2004-2005. Creates appropriation
act.
PA 341 of 2004 – FY 2004-05 Military and Veterans Affairs
Budget, Effective 9/28/04
HB
5522 (Shulman) Appropriations; zero budget; department of military
affairs; provide for fiscal year 2004-2005. Creates appropriation act.
PA 342 of 2004 - Sugar Beet Growers Loan, Effective 9/28/04
SB
1349(Barcia) Agriculture; other; certain loans to farmer-owned sugar
beet cooperatives; modify under certain circumstances. Amends sec. 2e
of 1855
PA 105 (MCL 21.142e).
PA 343 of 2004 - Personal Rep.: Disposition of Body, Effective 9/29/04
SB
1244 (Cropsey) Probate; powers of attorney; appointment of a personal
representative for disposition of a body when decedent has no assets or
no known family members; allow. Amends sec. 3614 of 1998
PA 386 (MCL 700.3614).
PA 344 of 2004 – FY 2004-05 Family Independence Agency Budget, Effective
9/29/04
HB
5516 (Shulman) Appropriations; zero budget; family independence agency;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 345 of 2004 – FY 2004-05 Corrections Budget, Effective 9/29/04
SB
1064 (Johnson) Appropriations; zero budget; department of corrections;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 346 of 2004 – FY 2004-05 Education Budget, Effective 9/29/04
SB
1065 (Johnson) Appropriations; zero budget; department of education;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 347 of 2004 – FY 2004-05 Natural Resources Budget, Effective
9/29/04
SB
1068 (Johnson) Appropriations; zero budget; department of natural
resources; provide for fiscal year 2004-2005. Creates appropriation act.
PA 348 of 2004 – FY 2004-05 State Police Budget, Effective 9/29/04
HB
5526 (Shulman) Appropriations; zero budget; department of state police;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 349 of 2004 – FY 2004-05 Department of Community Health Budget,
Effective 9/29/04
SB
1063 (Johnson) Appropriations; zero budget; department of community
health; provide for fiscal year 2004-2005. Creates appropriation act.
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PA
350 of 2004 – FY 2004-05 Environmental Quality Budget, Effective
10/1/04
SB
1066 (Johnson) Appropriations; zero budget; department of environmental
quality; provide for fiscal year 2004-2005. Creates appropriation act.
PA 351 of 2004 - FY 2004-05 School Aid Budget, Effective 10/1/04
SB
1069 (Johnson) Appropriations; zero
budget; school aid; provide for fiscal year 2004-2005. Amends secs. 11
& 17b of 1979
PA 94 (MCL 388.1611
& 388.1617b).
PA 352 of 2004 –
FY 2004-05 Higher Education Budget, Effective 10/1/04
SB
1067 (Johnson) Appropriations; zero budget; higher education; provide
for fiscal year 2004-2005. Creates appropriation act.
PA 353 of 2004 – FY 2004-05 Agriculture Budget, Effective 10/1/04
HB
5509 (Shulman) Appropriations; zero budget; department of agriculture;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 354 of 2004 – FY 2004-05 Labor and Economic Growth Budget, Effective
10/1/04
HB
5521 (Shulman) Appropriations; zero budget; department of labor and
economic growth; provide for fiscal year 2004-2005. Creates appropriation
act.
PA 355 of 2004 - Revenue Sharing Payments, Effective 9/30/04
SB
1104 (Johnson) Taxation; revenue sharing; payments
in lieu of taxes on state lands; revise calculation. Amends sec. 13 of
1971
PA 140 (MCL 141.913).
PA 356 of 2004 - Revenue Sharing; County Tax Collections, Effective 9/30/04
SB
1111 (Switalski) Taxation; revenue sharing; payments to counties;
revise calculation. Amends sec. 11 of 1971
PA 140 (MCL 141.911).
PA 357 of 2004 - Revenue Sharing; County Tax Collections, Effective 9/30/04
SB
1112 (Switalski) Property tax; payment and collection; summer levy
of county allocated millages; provide for. Amends sec. 44a of 1893
PA 206 (MCL 211.44a).
PA 358 of 2004 – FY 2004-05 Community Colleges Budget, Effective
10/1/04
SB
1062 (Johnson) Appropriations; zero budget; community and junior colleges;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 359 of 2004 - Fingerprint Record Check Fee, Effective 9/30/04
HB
5864 (Sak) Law enforcement; fingerprinting; sunset
on fees for fingerprinting and criminal record check; eliminate. Amends
sec. 3 of 1935
PA 120 (MCL 28.273).
PA 360 of 2004 – FY 2004-05 Supplemental, Effective 10/1/04
HB
5527 (Shulman) Appropriations; zero budget; supplemental appropriations;
provide for fiscal year 2004-2005. Creates appropriation act.
PA 361 of 2004 – FY 2004-05 Transportation Budget, Effective 10/1/04
HB
5528 (Shulman) Appropriations; zero budget; department of transportation;
provide for fiscal year 2004-2005. Creates appropriation act.
In
the Hall of Justice
New
Laws Change Unmarried Parents' Obligations; Fathers, Mothers to Share
Prenatal Care Expenses and Other Costs
View Full
Text
(courts.michigan.gov, 9/28/04)
Supreme Court to Hear
First Oral Arguments of 2004-2005 Term
View
Full Text
(courts.michigan.gov, 10/01/04)
At
The Bar
Plaque Unveiling Marks Bar's 29th Legal
Milestone in Honor of President Ford
View
Full Text
Nancy Diehl is Sworn in as 70th State Bar President
View
Full Text
Annual Meeting Sponsors
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Full Text
The Board of Commissioners
met on Thursday, September 30th during the State Bar’s Annual Meeting.
The following public policy positions were adopted by a unanimous vote.
2000-32 - Proposed Administrative Order Regarding Minimum Standards for
Indigent Criminal Appellate Defense Services
Issued: June 22, 2004
Comment period expires: October 1, 2004
Public Hearing: September 15, 2004
POSITION: No position. Authorize the Legal
Aid Committee to advocate its position.
HB
6007 (Stakoe) – Criminal procedure; pleas; motion to withdraw
plea of guilty or nolo contendere; require to be made within 1 year after
plea is entered and require certain notices to be made.
Status: 06/09/04 Referred
to the House Criminal Justice Committee
POSITION: Oppose in Principle. This position
is consistent with the State Bar’s policy that changes in court
procedure should be made by the Supreme Court.
HB
6179 (Taub) – Civil procedure; costs and fees; contingency fees
in medical malpractice lawsuits; limit to 1/4 of the settlement plus expenses.
Status: 09/09/04 Referred to the House Judiciary Committee
POSITION: Active Opposition. The State Bar
has a long-standing position to uphold contingency fees as a method of
attorney compensation. Contingency fees are a means to afford access to
legal services that should not be reduced in the current economic environment.
This issue should not be addressed in statue but rather in court rules.
SB
1319 (Van Woerkom) – Children; support; electronic method of
payment disbursement to recipients by the state disbursement unit; establish.
Status: 09/15/04 Reported from the Senate Committee on Family and Children
Services without amendment; Referred to second reading; Laid over one
day under the rules
POSITION: Support in Principle
SB
1366 (Cropsey) – Occupations; attorneys; residency requirement
for state bar; eliminate.
Status: 09/08/04 Referred to the Senate Judiciary Committee
POSITION: Active Support
HR 2971
(Shaw) – Social Security Number Privacy and Identity Theft Prevention
Act of 2003.
Status: 10/1/2004 House Committee on Judiciary Granted an extension for
further consideration ending not later than Nov. 19, 2004
POSITION: Letter to be sent to the Michigan
Congressional Delegation to express concern that certain provisions might
impact attorney effectiveness, while also stressing the need to protect
individual privacy.
Sections
and Committees
The
Arts, Communications, Entertainment & Sports Section submitted
a public
policy report regarding the Right of Publicity Statute.
The Family
Law Section submitted the following public policy reports:
Oppose
and Recommend State Bar Action: HB
5442 – Children; custody; provision regarding presumption of
custody in acknowledgment of parentage act; eliminate.
Support:
HB
5466 – PA 93 of 2004 – Probate; powers of attorney; length
of delegation of parental powers by individuals serving in armed forces;
extend.
Support:
SB
702 – PA 68 of 2004 – Children; adoption; residency requirement
for adoptive parents; revise.
Support and Recommend
State Bar Action: SB
935 – Family law; marriage and divorce; provisions governing
who can perform marriages; expand to include mayors under certain circumstances.
Oppose
and Recommend State Bar Action: SB
960 – Family law; marriage and divorce; divorce; require an
educational predivorce program.
Oppose
and Recommend State Bar Action: SB
961 – Family law; marriage and divorce; criteria for program
to qualify for marriage preservation tax credit; establish and
SB 962 – Income tax; credit; marriage preservation tax credit;
provide for.
Support
and Recommend State Bar Action: SB
963 – Family law; marriage and divorce; recording of certain
information on marriage license and certificate; require.
Comments
Only: SB
964 – Family law; marriage and divorce; prerequisites for issuance
of a marriage license; require premarriage program or longer waiting period.
Oppose
and Recommend State Bar Action: SB
965 – Family law; friend of the court; certain criteria for
determining "interests of the child"; clarify.
Oppose
and Recommend State Bar Action: SB
966 – Children; children's rights; parenting plan procedures
and content; add to child custody act.
Federal
News
Agencies
Postpone Issuing New Rules Until After Election
View
Full Text
(New York Times, 9/27/04)
Federal Appeals Court Reinstates Lawsuit Over Touchscreen Voting
View Full
Text
(Alpena News, 9/28/04)
Hurdles Remain For American Voters Who Live Overseas
View
Full Text
(New York Times, 9/29/04)
Legal Rights Of Poor Defendants At Stake In Michigan Case
View
Full Text
(Detroit News, 10/2/04)
Changes In Store For Senate Leaders
View
Full Text
(Washington Post, 10/3/04)
State
News
Bills
Target Identity Theft
View
Full Text
(Holland Sentinel, 9/27/04)
Michigan Prisons Get $1.2M To Test For Hepatitis C
View
Full Text
(Lansing State Journal, 9/30/04)
Michigan Supreme Court Candidates Engage In Rare Debate
View
Full Text
(Detroit News, 10/02/04)
League Of Women Voters Warns Michiganians Against Voter Registration Scam
View
Full Text
(Detroit News, 10/02/04)
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