FOCUS: Pending Service Tax Repeal
On November 20, the Senate passed HB 5408 on a 20-16 vote. The Senate version of the bill would repeal the service tax and replace it with changes to the Michigan Business Tax different from the proposal passed by the House. The Senate version includes a surcharge of 13.85% (lowered from the House passed rate of 32.9%) and a surcharge cap of $7.5 million (increased from the House passed cap of $2 million). The Senate version also includes a January 1, 2011 sunset.
Senate GOP OKs Service Tax Repeal
(Lansing State Journal, 11/21/07)
In the Capitol
Committee meetings of interest for the week of 11/26
11/27 Senate Judiciary
Agenda: SB 667 Allow county clerk in a county other than county in which clerk serves to solemnize marriage. Presentation on gang activity by Dr. Francisco Villaruel, Michigan State University.
11/29 New Economy and Quality of Life
Agenda: For Testimony Only: HB 5356 Include definitions of professional service and services in a learned profession and revise certain conversion procedures; HB 5357 Revise definition of professional services and include definition of services in a learned profession; HB 5358 Revise definition of professional service in limited liability company act.
Complete Committee Meeting List
New Public Acts
In the Hall of Justice
Jack Kresnak, Veteran Children's Issues Reporter, Honored by Michigan Supreme Court; First Journalist to be Recognized With Court Resolution
Michigan Adoption Day Observed November 20
2005-25 - Proposed Amendment of Rule 2.203 of the Michigan Court Rules
The current Michigan Court Rules contain a compulsory joinder provision, which generally requires that all claims arising from the same transaction or occurrence be combined, and a permissive counterclaim provision, which allows, but does not require, parties to bring a counterclaim. The Federal Rules of Civil Procedure contain opposite provisions; i.e., a compulsory counterclaim provision at FR Civ P 13, and a permissive claim joinder provision at FR Civ P 18. This proposal would require the compulsory joinder of counterclaims, similar to the federal rules.
Issued: November 20, 2007
Comment period expires:March 1, 2008
Public hearing: To be scheduled.
FYI: Supreme Court Appoints New Chief Judges
2007-01 - Appointment of Chief Judges of Michigan Courts
Issued: November 21, 2007
See also: Michigan Supreme Court Names New Chief Judges of State Courts
Supreme Court Administrative Office
FYI: State Court Administrative Office Approved Court Forms
Important notice: Instructions for item 2 of the garnishment forms MC 12, MC 13, and MC 52 have been revised to alleviate potential problems in calculating judgment interest. See information explaining the problems and an interim solution (August 30, 2007 memo).
At the Bar
Veterans' Law Clinic to Occur in Lansing on November 27
Governor Granholm issued Executive Directive 2007-23 regarding environmental justice.
2009 Budget Likely to Face More Deficits
(Detroit News, 11/24/07)
FYI: Michigan Presidential Primary
On November 21, the Supreme Court overturned the Court of Appeals ruling to uphold the Ingham Circuit Judge William Collette that recent law to establish a January 15 primary in Michigan is unconstitutional. The Supreme Court ruling (by a 4-3 majority) allows the January 15 primary to continue.
Jan. 15 Primary is a Go
(Detroit News, 11/22/07)