October 8-14, 2007
Volume 5 Issue 41

In the Capitol
Committee meetings of interest for the week of 10/15
10/17 House Judiciary
Agenda: HB 4092 Require DNA testing upon arrest for certain crimes.  

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/8 – 10/12
Of Interest to the Legal Community

HB 5275 Civil procedure; statute of limitations; time when claim accrues; enact discovery rule. Amends sec. 5827 of 1961 PA 236 (MCL 600.5827).

HB 5292 Land use; zoning and growth management; referees for litigation under the Michigan zoning enabling act; provide for.

HB 5293 Land use; zoning and growth management; qualifications of individuals designated as referees for certain litigation; provide for.

HB 5299 Consumer credit; predatory lending; general revision to consumer mortgage protection act; revise claims and defenses in civil actions.

HB 5301 Consumer credit; predatory lending; general revision to consumer mortgage protection act; prescribe civil sanctions and penalties.

HB 5302 Consumer credit; predatory lending; general revision to consumer mortgage protection act; general applicability of act.

Of General Interest
HB 5287 Financial institutions; mortgage brokers and lenders; regulation and registration of mortgage loan officers; revise compensation provisions.

HB 5288 Financial institutions; mortgage brokers and lenders; regulation and registration of mortgage loan officers; establish registration application process.

HB 5289 Financial institutions; mortgage brokers and lenders; regulation and registration of mortgage loan officers; require notices when employment of loan officer is terminated.

HB 5290 Financial institutions; mortgage brokers and lenders; regulation and registration of mortgage loan officers; clarify authority of OFIS commissioner and revise administrative process concerning revocation or suspension of registration.

HB 5298 Consumer credit; predatory lending; general revision to consumer mortgage protection act; revise remedy provisions.

SJR I Legislature; other; repeal of unconstitutional provisions; provide for. Amends sec. 11, art. I, secs. 1 & 6, art. II, secs. 2 & 3, art. IV, sec. 2, art. VIII & sec. 6, art. IX & repeals sec. 10, art. II, secs. 4, 5 & 6, art. IV & sec. 7, art. VII of the state constitution.

SB 824 Use tax; collections; application of tax to certain services; repeal. Repeals sec. 3d of 1937 PA 94 (MCL 205.93d).

In the Hall of Justice
Don’t Be Fooled by Bogus Phone Calls, State Court Administrative Office Warns; Scammers Pose as Court Officials, Seek Information

Rule Amendments
2006-28 – Amendment of Rules 5.207, 5.302, 5.307, and 5.409 of the Michigan Court Rules
These amendments were proposed by the Probate and Estate Planning Section of the State Bar of Michigan, and are intended to address and clarify practice issues within the amended rules. The amendment of MCR 5.207(A)(4) provides the alternative of including a tax statement to show the state equalized value of property.  The amendments of MCR 5.307(B) and MCR 5.409(B)(3) require the name and address of each financial institution be added to the inventory, and requires that the institution’s main address or branch used most frequently by the filer be identified. The amendment of MCR 5.409(C)(1) requires any account filed with the court to comply with relevant court rules. The amendment of MCR 5.409(C)(4) extends the time in which to file proof of a minor’s assets in a restricted account from 14 to 28 days. The amendment of MCR 5.409(C)(5) allows the option of filing an annual verification of funds on deposit or presenting a copy of a financial institution statement with an annual account.
Issued: October 11, 2007
Effective: January 1, 2008

2006-44 – Amendment of Rule 7/306 of the Michigan Court Rules
These amendments alter the requirements for filing amicus curiae briefs with the Michigan Supreme Court. They allow amicus curiae 21 days after the filing of the appellee’s brief to file its amicus curiae brief, and add a provision similar to Rule 37 of the Rules of the Supreme Court of the United States to allow state agencies and attorneys operating on behalf of public agencies to submit an amicus curiae brief without filing a motion to seek permission to do so.
Issued: October 11, 2007
Effective: January 1, 2008

Federal News
Supreme Court Upholds Tuition Ruling
(The New York Times, 10/11/07)

Judge Blocks Crackdown on Hiring of Illegals
(The Washington Times, 10/11/07)

State News
House OKs 2 bills, Keeps Power Plant Plan on Track
(Lansing State Journal, 10/12/07)

House Again Passes Helmetless Bill
(Muskegon Chronicle, 10/11/07)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines