November 21, 2005 - November 27, 2005
Volume 3 Issue 46

In the Capitol
Committee meetings of interest for the week of 11/28
11/29 Senate Judiciary

Agenda: HB 4798 Require crime victims assessment to be applied in cases where sentence has been delayed or deferred; HB 5023 Clarify judge's authority to impose court ordered fines, costs, or assessments; HB 5145 Revise procedures for payment of certain costs, assessments, and restitution in criminal cases; HB 5268 Prohibit crime of torture and provide penalties; HB 5269 Create sentencing guidelines for crime of torture; HB 5275 Revise law enforcement information network (LEIN) policy council act; HB 5276 Clarify information disseminated from criminal history database;
HB 5277 Allow certain parties to share information on LEIN regarding defendant with defendant or defendant's attorney; HB 4577 Provide for enforcement of medicaid whistleblower protection; SB 541 Enact revised structured settlement protection act; SB 208 Provide for reimbursement to municipalities for costs of housing inmates.

11/30 House Judiciary
Agenda: HB 5374 Revise number of judgeships in various circuits and districts, (Probate and Estate Planning Section Position); SB 448 Revise salary for judges, establish concurrent jurisdiction for probate judge and district judge, and provide other amendments.

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 11/22
Of General Interest
HB 5439 Human services; services or financial assistance; how to consider supplemental security income and work first participant's income in determining family independence assistance eligibility; clarify. Amends sec. 57b of 1939 PA 280 (MCL 400.57b). TIE BAR WITH: HB 5440'05HB 5441'05HB 5442'05HB 5443'05HB 5445'05HB 5446'05

HB 5440 Human services; services or financial assistance; verification of receipt of benefits in other states; require. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 57p. TIE BAR WITH: HB 5439'05HB 5441'05HB 5442'05HB 5443'05HB 5445'05HB 5446'05

HB 5441 Human services; employment and training; sanctions for not complying with work first; clarify. Amends sec. 57g of 1939 PA 280 (MCL 400.57g). TIE BAR WITH: HB 5439'05HB 5440'05HB 5442'05HB 5443'05HB 5445'05HB 5446'05

HB 5442 Human services; services or financial assistance; disregard for certain income of work first participants; codify. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 57o. TIE BAR WITH: HB 5439'05HB 5440'05HB 5441'05HB 5443'05HB 5445'05HB 5446'05

HB 5443 Human services; services or financial assistance; participation in education program to meet work first requirement; revise. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 57n. TIE BAR WITH: HB 5439'05HB 5440'05HB 5441'05HB 5442'05HB 5445'05HB 5446'05

HB 5444 Human services; services or financial assistance; family independence program's social contract; revise. Amends secs. 57, 57d & 57e of 1939 PA 280 (MCL 400.57 et seq.). TIE BAR WITH: HB 5438'05HB 5439'05HB 5440'05HB 5441'05HB 5442'05HB 5443'05HB 5445'05HB 5446'05

HB 5445 Human services; services or financial assistance; social welfare reform; provide for. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 57m. TIE BAR WITH: HB 5439'05HB 5440'05HB 5441'05HB 5442'05HB 5443'05HB 5446'05

HB 5446 Human services; medical services; initial wage verification for eligibility for certain medical services programs; require. Amends sec. 57f of 1939 PA 280 (MCL 400.57f). TIE BAR WITH: HB 5439'05HB 5440'05HB 5441'05HB 5442'05HB 5443'05HB 5445'05

In the Hall of Justice
Michigan Adoption Day, November 22 - Over 270 Children will be Adopted

At The Bar
Ford Motor Company Donates $50,000 at Access to Justice Detroit Luncheon

Bar Leaders Tour Upper Peninsula

Seminar on Judicial Elections Set for Jan. 17, 2006

VanDenBerg, Hathaway Join SBM to Develop Practice Management Resource Center

Sections and Committees
The Business Law Section submitted a public policy report on the following:
Support the amendments to the Business Corporation Act:
HB 5315 (Marleau) Businesses; business corporations; obligations of foreign corporations in mergers or share exchanges; revise. Amends sec. 735 of 1972 PA 284 (MCL 450.1735).

HB 5316 (Wenke) Businesses; business corporations; provision providing for dissolution by court judgment; make technical amendments. Amends sec. 823 of 1972 PA 284 (MCL 450.1823).

HB 5317 (Huizenga) Businesses; business corporations; certain amendments to articles of incorporation; require to be initiated by the board of directors. Amends sec. 611 of 1972 PA 284 (MCL 450.1611).

HB 5318 (Mortimer) Businesses; business corporations; creation of subcommittees of board committees; authorize. Amends sec. 528 of 1972 PA 284 (MCL 450.1528).

HB 5319 (Schuitmaker) Businesses; business corporations; voting by shareholders; clarify that abstaining from voting is not considered a vote. Amends sec. 441 of 1972 PA 284 (MCL 450.1441). TIE BAR WITH: HB 5320'05

HB 5320 (Elsenheimer) Businesses; business corporations; voting as a class or series; clarify that abstaining from voting is not considered a vote. Amends sec. 442 of 1972 PA 284 (MCL 450.1442). TIE BAR WITH: HB 5319'05

HB 5321 (Emmons) Businesses; business corporations; delivery of notices and other communications to shareholders who share a common address; allow delivery of single copy to common address. Amends sec. 143 of 1972 PA 284 (MCL 450.1143).

HB 5322 (Law, D.) Businesses; business corporations; effective date of documents filed with administrator; revise. Amends sec. 131 of 1972 PA 284 (MCL 450.1131).

HB 5323 (Tobocman) Businesses; business corporations; definition of willfully unfair and oppressive conduct by corporations; revise and clarify guarantee powers. Amends secs. 106, 261 & 489 of 1972 PA 284 (MCL 450.1106 et seq.).

The Libraries, Legal Research, and Legal Publications Committee recommended the following public policy position for adoption by the State Bar:
Actively Oppose: HB 5132 (Baxter) Libraries; state; requirement for certain public documents to be provided to state libraries; eliminate when documents are available on the internet. Amends sec. 9 of 1982 PA 540 (MCL 397.19).
As of November 18, 2005, the State Bar’s position on HB 5132 is Oppose in Principle.

The Taxation Section submitted the following public policy report:
Support: An offer-in-compromise program for Michigan taxes.

The Probate and Estate Planning Section submitted a public policy report on:
Oppose and Recommend SBM action: HB 5374 (Van Regenmorter) 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.).

The Real Property Law Section submitted the following public policy report:
Oppose: SB 574 (Toy) Civil rights; housing discrimination; using "source of income" to discriminate against applicants in real estate transaction; prohibit. Amends title & sec. 502 of 1976 PA 453 (MCL 37.2502).

Federal News
Budget Cuts Divide Mich. Delegation in House, Senate
(Lansing State Journal, 11/21/05)

State News
Donor Cash Buys State Leaders Fun, Trips, Meals
(Detroit Free Press, 11/28/05)

Former AG Says Requiring ID Hurts Vote Rights
(Lansing State Journal, 11/24/05)

Vetoes Kill State Business Tax-Cut Package
(Lansing State Journal, 11/22/05)
See Related:
Official: State Jobs Plan May Take Years to Show Results
(Detroit News, 11/27/05)

Links of Interest
Public Policy Resource Center
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