Legislative Update Newsletter

November 7, 2005 - November 13, 2005

Volume 3 Issue 44

PLEASE NOTE: Due to problems with the State Bar of Michigan web server, all subscribers are receiving this week's Public Policy Update one day later than usual. While we are working to resolve the server issues, you may not be able to access the Public Policy Update archives stored on our Web site. Thank you for your patience.

In the Capitol
Committee meetings of interest for the week of 11/14
The Michigan House of Representatives is tentatively adjourned starting Tuesday, November 15. Its next regularly scheduled session is Tuesday, November 29.
View Michigan House of Representatives Session Schedule

The Michigan Senate is tentatively adjourned starting Tuesday, November 15. Its next regularly scheduled session is Tuesday, November 29.

View Michigan Senate Session Schedule

Complete Committee Meeting List

Capitol Agenda

Legislation Recently Signed into Public Acts

Legislation Introduced 11/1– 11/3
Of Interest to the Legal Community
HB 5411 Taxation; state real estate transfer; conveyance of property from a child to a parent; eliminate collection of real estate transfer tax. Amends sec. 6 of 1993 PA 330 (MCL 207.526).

HB 5414 Law enforcement; investigations; protection for law enforcement officers against self-incrimination in certain circumstances; provide for. Creates new act.

HB 5421 Criminal procedure; sentencing; penalties for certain sex offenders; clarify. Amends sec. 520b of 1931 PA 328 (MCL 750.520b). TIE BAR WITH: HB 5422'05

Of General Interest
HB 5426 Elections; election officials; election inspector training school; allow cities or townships to conduct. Amends sec. 683 of 1954 PA 116 (MCL 168.683).

In the Hall of Justice
Rule Amendments
2004-55 - Amendment of Rule 3.211 of the Michigan Court Rules
In subrule (D), the amendment requires that all support orders be entered on a standard form (Uniform Support Order) drafted by the State Court Administrative Office (SCAO). The Supreme Court will review and approve changes made to the Uniform Support Order by SCAO based on changes in state or federal law. In relettered subrule (F), the amendment allows personal information concerning a party to be provided to the Friend of the Court in a document separate from the court order, which is a public document.
Issued: November 8, 2005
Effective: January 1, 2006

2004-53 - Amendment of Rule 9.124 of the Michigan Court Rules

The order of November 8, 2005, is amended to correct a clerical error by which the order purported to propose for comment an amendment of MCR 9.124. The Court is in fact adopting that amendment, and the order is therefore corrected. The amendment of MCR 9.124(B)(1) expands the information a petitioner is required to include in or attach to the petitioner’s personal history affidavit. The amendment of subrule (b) adds a requirement that the petitioner, at the grievance administrator’s request, provide authorization for the grievance administrator to obtain a copy of the petitioner’s personnel file regarding any employment since the time of disqualification. The amendment of subrule (f) requires a petitioner to attach copies of petitioner’s tax returns from the date of disqualification to the date of the petition for reinstatement. The amendment of subrule (1) adds a requirement that a petitioner provide copies of any civil complaints and judgments or dispositional orders with respect to any resolution of a civil complaint involving the petitioner. According to the amendment of subrule (m), a petitioner is required to provide copies of criminal complaints and dispositional orders or judgments of conviction for any criminal case in which the petitioner was a defendant. Subrule (n) requires a petitioner to state on his or her personal history affidavit whether, since the date of disqualification, the petitioner received treatment for mental or emotional impairments or substance abuse or gambling addictions. The amendment of MCR 9.124(C) simply codifies what already occurs in hearings on petitions for reinstatement and appeals from decisions following those hearings.

Issued: November 10, 2005
Effective:January 1, 2006

At The Bar

Admissions Ceremonies for Local Bar Associations

Foundation Sets Administration of Justice Grant Application Deadline

List of Certified Passers of the July 2005 Michigan Bar Examination Released

SBM American Indian Law Section Sponsors Fundraiser

Federal News

Political Finance Trial a Warning

(Washington Times, 11/13/05)

State News

Senate Passes Recovery Plan Despite Threat Granholm Likely to Veto Aid for Economy, Jobs

(Lansing State Journal, 11/11/05)