January 30 - February 5, 2006
Volume 4 Issue 5

In the Capitol
Committee meetings of interest for the week of 2/6
2/7 House Tort Reform
Agenda: Organizational Business; Outline of Committee Objectives

2/7 Senate Judiciary
Agenda: HB 4544 Clarify provisions regarding possession of a scanner capable of receiving police frequencies in a motor vehicle; HB 4727 Enact sentencing guidelines for crime of using a police, fire, or emergency medical communications system to commit a felony; SB 1019 Revise program completion as a factor in parole decisions (Prisons and Corrections Section Position: Support with amendments); HB 5043 Prohibit and provide a penalty for damaging, destroying, or using telephone or computer equipment without authorization; HB 5044 Enact sentencing guidelines for crime of damaging, destroying, or using telephone or computer equipment without authorization; SB 1024 Prohibit and provide penalties for damaging, destroying, or preventing access to telecommunication device to prevent report of domestic violence, report of crime, or report of illness or injury.

2/8 House Judiciary
Agenda: HB 5602 Remove conflict between EPIC and adoption code regarding rights of inheritance of adopted individuals and adoptive and natural parents; SB 208 Provide for reimbursement to municipalities for costs of housing inmates; *HB 4806 Allow enforcement of certain Michigan vehicle code violations on publicly accessible private roads (For referral to Local Government and Urban Policy Committee); *HB 4807 Omit need for owner consent and contract to confer authority of local law enforcement to enforce traffic laws on certain private roads; (For referral to Local Government and Urban Policy Committee).

2/9 Joint House and Senate Appropriations
Agenda: Fiscal Year 2007 Executive Budget Presentation by Mary Lannoye, State Budget Director

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 1/24 – 2/2
Of Interest to the Legal Community
HB 5592 Consumer protection; unfair trade practices; transaction or conduct permitted by statute; clarify applicability of Michigan consumer protection act. Amends sec. 4 of 1976 PA 331 (MCL 445.904).

HB 5625 Courts; district court; small claims division; allow real estate agents to represent landlords in small claims court in security deposit disputes under certain circumstances. Amends sec. 8408 of 1961 PA 236 (MCL 600.8408).

SB 995 Consumer protection; unfair trade practices; transaction or conduct permitted by statute; clarify applicability of Michigan consumer protection act. Amends sec. 4 of 1976 PA 331 (MCL 445.904).

SB 1019 Corrections; parole; program completion as a factor in parole decisions; revise. Amends secs. 33 & 65 of 1953 PA 232 (MCL 791.233 & 791.265).

Of General Interest
HB 5590 Insurance; other; office of public insurance counsel; create. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding ch. 3.

HB 5619 State; other; Michigan government efficiency task force; create. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 561.

HB 5633 State; symbol; English; establish as the official state language. Creates new act.

SB 986 Human services; medical services; personal responsibility agreement; create and offer to medical assistance recipients. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 109i.

SB 987 Human services; medical services; verification process for medical assistance eligibility; revise. Amends sec. 105 of 1939 PA 280 (MCL 400.105).

SB 997 Insurance; agents; certain compensation disclosures; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 1241.

SB 998 Insurance; other; office of public insurance counsel; create. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding ch. 3.

In the Hall of Justice
Justices' Statements in Response to Disqualification Motion in Adair v. State of Michigan
See Related:
2 Justices to Stay on Cases
(Detroit Free Press, 2/1/06)

Rule Amendments
2004-24 - Amendment of Rule 7.211 of the Michigan Court Rules
The amendment clarifies that where claims that are subject of motions for remand require development of facts not of record, the motion must be supported by affidavit or offer of proof regarding facts to be established at a hearing.
Issued: January 31, 2006
Effective:May 1, 2006

Proposed Amendments
2005-44 - Proposed Adoption of Michigan Child Support Formula as Juvenile Court Reimbursement Guidelines
Issued: January 31, 2006
Comment period expires: May 1, 2006
Public Hearing: To be scheduled

2005-44 - Proposed Amendment of Rule 3.973 of the Michigan Court Rules
(Dispositional Hearing)
The proposed amendment provides that the court may enter a child support order at the dispositional hearing and that it must use the Michigan Child Support Formula as required by statute and the Uniform Support Order required by court rule in establishing the child support order.
Issued: January 31, 2006
Comment period expires: May 1, 2006
Public Hearing: To be scheduled

At The Bar
A new Practice Management Resource Center website was unveiled by the State Bar February 1, 2006. Online resources, a lending library, educational center, and helpline are all designed to make it easier for members to successfully manage their legal practices. Questions that cannot be answered by checking website resources should be directed to the Helpline at 1.800.341.9715. Hands-on training and demonstrations of the different software programs available in the marketplace can also be scheduled by calling the Helpline number. An opening ceremony will be held at the State Bar in Lansing next month to showcase all the resources at the PMRC.

Circle of Excellence Application Deadline is Feb. 24

Nominations Open for Major State Bar Awards

Nominations Open for Representative Assembly Awards

Sections and Committees
The Judicial Conference submitted an addendum to its position regarding the package of bills that would eliminate preliminary exams for certain crimes. The Conference supports the position adopted by the Michigan District Judges Association and the resolutions proposed by the Criminal Law Section.

The Prisons and Corrections Section submitted the following public policy position:
Support with amendments: SB 1019 Corrections; parole; program completion as a factor in parole decisions; revise. Amends secs. 33 & 65 of 1953 PA 232 (MCL 791.233 & 791.265).

Federal News
Navigating the Maze: U.S. Court Opens Do-It-Yourself Help Desk
(Washington Post, 2/1/06)

Text of the 2006 State of the Union Address
(The White House, 1/31/06)

State News
Granholm Vetoes Tax Cuts for Small Businesses
(Detroit News, 2/4/06)

Judge Appointed to Investigate Dispute
(Lansing State Journal, 2/3/06)

Links of Interest
Public Policy Resource Center
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