November 12 - November 18, 2007
Volume 5 Issue 46

FOCUS: Service Tax Repeal
The Michigan House and Senate are scheduled to hold session November 20. If an agreement is not reached by tomorrow for legislative action on a service tax repeal, session is expected to be canceled.

See related:
Mich. Legislators Close on Service Tax Replacement
(Detroit News, 11/16/07)

In the Capitol
Complete Committee Meeting List

New Public Acts

Legislation Introduced 11/13
Of General Interest
HB 5453 Insurance; no-fault; coverage for personal protection insurance (PIP); allow certain individuals to waive. Amends secs. 3104 & 3107 of 1956 PA 218 (MCL 500.3104 & 500.3107).

At the Bar
FOCUS: The Board of Commissioners met on Friday, November 16, 2007, at which time the State Bar of Michigan adopted the following public policy positions:

2006-06 - Proposed Amendment of Rule 7.215 of the Michigan Court Rules
The September 18, 2007, proposed amendment of MCR 7.215 reflects revisions recommended by the Michigan Court of Appeals. The amendment would shift responsibility for making an “outcome-determinative” assessment from the entire bench to the panel deciding the case in which the conflict is raised. The amendment would also require the panel to state the disposition it would have reached had it not been required to follow the prior published decision.
SBM Position: Support

 HB 4260 (Condino) Criminal procedure; records; criminal conviction overturned based on DNA evidence; provide for deletion of record. Amends sec. 16a, ch. IX of 1927 PA 175 (MCL 769.16a)
SBM Position: Support in Principle

 HB 4650 (Condino) Civil procedure; other; uniform foreign-country money judgments recognition act; create. Creates new act & repeals 1967 PA 191 (MCL 691.1151 - 691.1159).
SBM Position: Support in Principle

SB 786 (Kuipers) Civil procedure; civil actions; limitation on recovery amount allowed in small claims suits; revise. Amends sec. 8401 of 1961 PA 236 (MCL 600.8401).
SBM Position: Support in principle a modest increase based on inflation, calculated prospectively from the date the legislation takes effect, with an annual inflationary increase to be rounded and published once a year.

Sections and Committees
SBM Real Property Law Section to Host "Chicago Style: Deep Dish Development" Winter Conference

The Prisons & Corrections Section submitted a public policy report regarding the statutory interpretation for Medical Paroles. 

Federal News
Lawyer Groups to Flag Cases Needing Review
(Washington Post, 11/19/07)

State News
FYI: Michigan Presidential Primary
On November 16, the Court of Appeals upheld last week’s ruling by Ingham Circuit Judge William Collette that recent law to establish a January 15 primary in Michigan is unconstitutional.

See related:
Michigan Officials Want State Supreme Court to OK Jan. 15 Primary
(AP/Mlive.com, 11/19/07)

Term Limits Debate May Not be Over in Michigan(AP/Mlive.com, 11/18/07)

 

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