September 27, 2004 - October 3, 2004
Volume 2 Issue 39

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
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Capitol Agenda
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(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.

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
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(courts.michigan.gov, 9/28/04)

Supreme Court to Hear First Oral Arguments of 2004-2005 Term
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(courts.michigan.gov, 10/01/04)

At The Bar
Plaque Unveiling Marks Bar's 29th Legal Milestone in Honor of President Ford

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Nancy Diehl is Sworn in as 70th State Bar President
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Annual Meeting Sponsors
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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
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(New York Times, 9/27/04)

Federal Appeals Court Reinstates Lawsuit Over Touchscreen Voting
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(Alpena News, 9/28/04)

Hurdles Remain For American Voters Who Live Overseas
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(New York Times, 9/29/04)

Legal Rights Of Poor Defendants At Stake In Michigan Case
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(Detroit News, 10/2/04)

Changes In Store For Senate Leaders
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(Washington Post, 10/3/04)

State News
Bills Target Identity Theft
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(Holland Sentinel, 9/27/04)

Michigan Prisons Get $1.2M To Test For Hepatitis C
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(Lansing State Journal, 9/30/04)


Michigan Supreme Court Candidates Engage In Rare Debate
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(Detroit News, 10/02/04)

League Of Women Voters Warns Michiganians Against Voter Registration Scam
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(Detroit News, 10/02/04)

Links of Interest
Public Policy Resource Center
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