October 24, 2005 - October 30, 2005
Volume 3 Issue 42

In the Capitol
Committee meetings of interest for the week of 10/31
11/1 House Judiciary
Agenda: HB 5268 Prohibit and provide penalties for crime of torture; HB 5269 Create sentencing guidelines for crime of torture; SB 308 Establish as a crime a parent displaying sexually explicit material to minor; HB 4508 Expand individuals immune from liability under the emergency management act to include pharmacists and pharmacist interns.

11/1 Senate Judiciary
Agenda: HB 4978 Revise requirements for obtaining a concealed pistol permit to include requirement of meeting certain federal eligibility standards; HB 4335 Provide for waiver of certain recertification requirements for law enforcement officers who return from duty after military service; SB 686 Prohibit and provide penalties for trespass upon a critical infrastructure; SB 685 Enact sentencing guidelines for crime of trespass upon a critical infrastructure; HB 5100 Clarify military parental custody rights, Family Law Section Position: Oppose; SB 714 Clarify military parental custody rights, Family Law Section Position: Oppose; HB 5052 Include penalties for possessing, acquiring, transporting, or offering for sale counterfeit cigarette rolling papers; Presentation by the Auditor General on their October 2005 audit of the Accuracy of Prisoner Release Dates; Response by the Department of Corrections to the Auditor General's report.

Complete Committee Meeting List

Capitol Agenda

Legislation Recently Signed into Public Acts 

Legislation Introduced 10/25– 10/27
Of Interest to the Legal Community
HB 5374 Courts; judges; number of judgeships in various circuits and districts; revise. Amends secs. 507, 508, 517, 518, 542, 549a, 549g, 803, 8134 & 8135 of 1961 PA 236 (MCL 600.507 et seq.).

HB 5375 Torts; immunity; retired physicians providing volunteer health care for medically indigent individuals; provide immunity for. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 16185.

HB 5376 Environmental protection; other; reimbursement of costs and attorney fees for actions under NREPA; authorize. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 1111.

Of General Interest
HB 5352 Law enforcement; investigations; use of eavesdropping devices in hostage or other emergency situations; allow. Amends secs. 539a & 539g of 1931 PA 328 (MCL 750.539a & 750.539g) & adds sec. 539l.

HB 5355 Taxation; administration; issuance of retroactive application; modify. Amends sec. 3 of 1941 PA 122 (MCL 205.3).

HB 5359 Taxation; administration; procedure to allow a taxpayer who is in informal conference to convert an assessment challenge to a claim for refund; provide for. Amends sec. 21 of 1941 PA 122 (MCL 205.21).

HB 5360 Taxation; administration; informal conference; provide procedures for informal conference to be considered denied. Amends sec. 21 of 1941 PA 122 (MCL 205.21).

HB 5361 Taxation; administration; filing period for informal conference; extend. Amends sec. 21 of 1941 PA 122 (MCL 205.21).

HB 5362 Taxation; administration; taxpayer right to rely on bulletins and private letter rulings from department of treasury; provide for. Amends 1941 PA 122 (MCL 205.1 - 205.31) by adding sec. 6.

HB 5363 Taxation; administration; authority of state treasurer to settle tax disputes; provide for certain procedures. Amends sec. 30c of 1941 PA 122 (MCL 205.30c).

HB 5364 Property tax; payment and collection; penalties and interest on personal property; modify. Amends secs. 53a & 53b of 1893 PA 206 (MCL 211.53a & 211.53b) & adds sec. 27e.

In the Hall of Justice
Supreme Court Orders Available via Free E-mail Service

Rule Amendments
2004-42 - Amendment of Rules 8.107 and 8.110 of the Michigan Court Rules
New MCR 8.107(A) requires a judge to decide matters promptly after submission. MCR 8.107(B) requires a judge to submit quarterly reports that include information on all matters pending during the reporting period that were not decided within 56 days of submission.
The amendments of MCR 8.110(C) require monthly reports to the state court administrator in felony cases where there has been a delay of more than 154 days between the order binding a defendant over to circuit court and adjudication in felony cases, or a delay of more than 91 days between a defendant’s first appearance on the warrant and complaint, or citation, and adjudication in misdemeanor cases and local ordinance violations that carry criminal penalties.
Issued: October 25, 2005
Effective: January 1, 2006

2004-40 - Amendment of Rule 3.215
These amendments, effective January 1, 2006, establish how the record of a referee hearing will be provided to parties and establish a procedure for a referee to submit a recommended order. MCR 3.215(D)(4)(a) tracks the language of MCR 8.109(B).
Issued: October 25, 2005
Effective: January 1, 2006

At The Bar
Young Lawyers Section to Host Program on Women in Practice

Federal News
Measure Would Punish Attorneys for Filing Frivolous Lawsuits
(Mlive.com, 10/27/05)

Bill Would Allow Second Attempts at Federal Death Sentence
(New York Times, 10/26/05)

State News
Senator's Bill Would Ban Sentencing Youths to Life with No Chance of Parole
(Lansing State Journal, 10/26/05)

Senate to Vote on Business Tax Plan
(Lansing State Journal, 10/25/05)

Links of Interest
Public Policy Resource Center
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