November 1, 2004 - November 7, 2004
Volume 2 Issue 44

In the Capitol
Committee meetings of interest for the week of 11/8/04.

11/9/04 House Judiciary
Agenda: HB 5949 Revise reference to child custody in the child custody act of 1970 to child parenting; HB 6012 Revise reference to child custody in the revised judicature act to parenting time; HB 6013 Revise reference to child custody in the paternity act to parenting time; HB 6014 Revise reference to child custody in the estates and protected individuals code to parenting time; HB 6015 Revise reference to child custody in the age of majority act to child parenting; HB 6016  Revise reference to child custody in the family support act to parenting time; HB 6213 Include parenting time in reference to child custody in the uniform child custody jurisdiction enforcement act; HB 6214 Revise reference to child custody in the probate code of 1939; HB 6310 Revise provision regarding guardian ad litem; HB 6315 Provide for health insurance benefits for trial judges; SB 1386 Clarify liability of owner or lessee of a facility where a motion picture is exhibited for certain misconduct; SB 1387 Clarify liability for motion picture piracy violations; SB 1440 Provide for provision to clarify review hearing process after a child is removed; SB 1441 Revise review process of child placement in foster care; SB 1442 Revise time frame for holding permanency planning hearings; SB 1444 Provide for juvenile code revisions.

11/9/04 Senate Judiciary
Agenda: HB 6008 Revise requirements for hearings on certain motions in 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 regarding petition for adoption; HB 6234 Require criminal background checks for users of online dating services; HB 5971 Provide for immunity for physicians, nurses, paramedics, and emergency medical technicians while assisting SWAT teams; HB 6173 Establish right of victim of identity theft to obtain police report of identity theft from law enforcement agency; HB 6174 Create remedy in Michigan consumer protection act for certain violations of identity protection act; HB 6177 Prohibit and provide penalties capturing certain personal identifying information without consent; SB 1463 Eliminate election districts within the eighth judicial district.

11/9/04 Senate Families and Human Services
Agenda: SB 1447 Provide for requirement for title IV-D agencies to provide for certain liens; SB 1448 Provide for requirement for the title IV-D agency to notify the child support lien network; SB 1449 Permit disclosure of certain information to assist in the collection of child support arrearages; SB 1450 Require notice of heirs and devisees be given to friend of the court; SB 1451 Require information sharing with title IV-D agency (worker's compensation).

11/10/04 Senate Local, Urban & State Affairs
Agenda: SB 929 Eliminate reference to register of deeds accepting funds with redemption on a foreclosure; SB 930 Eliminate reference to register of deeds accepting funds with redemption on a foreclosure; SB 931 Eliminate reference to register of deeds accepting funds with redemption on a foreclosure; HB 5645 Expand register of deeds appointment of a deputy to "1 or more deputies";
SB 1354 Provide for depictions of this state to appropriate scale.

SBM Position: Oppose in Principle SB 929 and SB 930. The State Bar recognizes the current burden being placed on the register of deeds due to the increase in foreclosures. However, the State Bar has concerns about eliminating the place of a neutral party in accepting payments to avoid foreclosure. Because some mortgagors may not want to accept payment, they may not be obliging.
Real Property Law Section Position: Oppose SB 929 and SB 930. Standing Committee on Justice Initiatives Committee Position: Oppose SB 929 and SB 930.

Complete Committee Meeting List
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Capitol Agenda
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(Detroit News, 11/6/04)

Legislation Introduced 11/3 – 11/4
HB 6310 Children; guardians; provision regarding guardian ad litem; revise.

HB 6315 Retirement; judges; health insurance benefits for trial judges; provide for.

HB 6324
Retirement; state employees; postretirement adjustments; provide for.

SB 1463 Courts; district court; election districts within the eighth judicial district; eliminate.

SB 1464 Probate; guardians and conservators; patient advocate with power concerning mental health care; create. TIE BAR WITH SB 1465, SB 1466, SB 1467, SB 1468, SB 1469, SB 1470, SB 1471, SB 1472.

SB 1465 Health; other; citation to patient advocate provisions in public health code; revise to reflect amendment to estates and protected individuals code. TIE BAR WITH SB 1464.

SB 1466 Crimes; abuse; citation to patient advocate provisions in penal code; revise to reflect amendment to estates and protected individuals code. TIE BAR WITH SB 1464.

SB 1467 Health; other; citation to patient advocate provisions in do-not-resuscitate procedure act; revise to reflect amendment to estates and protected individuals code. TIE BAR WITH SB 1464.

SB 1468 Mental health; patients; definitions in mental health code relating to who may request formal voluntary hospitalization; revise to include patient advocate. TIE BAR WITH SB 1464, SB 1469 ,SB 1470, SB 1471, SB 1472.

SB 1469 Mental health; patients; mental health code provisions regarding notice of and objections to transfer of a patient in department hospital; revise to include patient advocate. TIE BAR WITH SB 1464, SB 1468, SB 1470, SB 1471, SB 1472.

SB 1470 Mental health; patients; provisions of mental health code relating to preadmission screening by community mental health services; revise to reflect ability of patient advocate to request admission. TIE BAR WITH SB 1464, SB 1468, SB 1469, SB 1471, SB 1472.

SB 1471 Mental health; patients; mental health code requirement that patient being admitted to certain hospitals receive prescreening by community mental health services; revise to reflect ability of patient advocate to request admission. TIE BAR WITH SB 1464, SB 1468, SB 1469, SB 1470, SB 1472.

SB 1472 Mental health; patients; patient advocate; allow to request formal voluntary hospitalization for mental health care. TIE BAR WITH SB 1464, SB 1468, SB 1469, SB 1470, SB 1471.

SB 1474 Retirement; judges; retirement allowance for judges; increase. SAME AS HB 6306.

In the Hall of Justice
Supreme Court to Hear Head Start-Related Lawsuit Next Week
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(Michigan Supreme Court, 11/4/04)

Rule Amendments
2004-51 - Recission of Rule 2.603 of the Local Rules of the 36th Judicial District Court
On order of the Court, Rule 2.603 of the Local Court Rules of the 36th Judicial District Court is rescinded, effective immediately.
Issued: November 3, 2004
Effective: November 3, 2004

2004-53 - Amendment of Rules 9.124 and 9.126 of the Michigan Court Rules
The amendments of MCR 9.124(B)(1) require a petitioner for reinstatement to file a personal history affidavit only with the grievance administrator and prevent its disclosure to the public except as provided by MCR 9.126. The amendment of MCR 9.124(B)(2) clarifies that a petition for reinstatement must be accompanied by both a publication fee and administrative costs imposed by MCR 9.128(B)(1). The amendment of MCR 9.126(C) clarifies that a personal history affidavit pursuant to MCR 9.124(B)(1) is a confidential document and is not open to the public.
Issued: November 2, 2004
Effective: November 2, 2004
Public Hearing: To be scheduled

2004-43 - Amendment of Rule 7.204 of the Michigan Court Rules
The amendment of MCR 7.204(A)(1)(c) clarifies that the 14-day time limit for seeking an appeal from an order termination parental rights or entry of an order denying postjudgment relief from an order terminating parental rights is limited to appeals from orders entered under the Juvenile Code. This limitation is consistent with MCL 710.65, which provides a 21-day limit for appeals from orders entered under the Adoption Code.
Issued: November 2, 2004
Effective: November 2, 2004
Public Hearing: To be scheduled

At the Bar
New Electronic Newsletters to Focus on Disabilities Issues
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List of CERTIFIED Passers of the July 2004 Michigan Bar Exam
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Sections and Committees

The Animal Law Section submitted a public policy report on USDA Proposed Regulation, Docket No. 98-106-4.

State News
View 2004 General Election Results
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(Michigan.gov, 11/04/04)

Voters Put The Brakes On More Casinos
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(Detroit News, 11/3/04)

Michigan Gay Marriage Ban Sure To Face Court Challenges
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(Detroit News, 11/3/04)

State Revenue Estimating Conference May Come By December
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(Detroit News, 11/6/04)

Debate Likely On Early Voting In Mich.
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(Lansing State Journal, 11/8/04)

Links of Interest
Public Policy Resource Center
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