February 21 - February 27, 2006
Volume 4 Issue 8

In the Capitol
Committee meetings of interest for the week of 2/27
FOCUS: 2/28 House Tort Reform
Agenda: History of Tort Reform
Presentation by the State Bar of Michigan
The State Bar will be represented by its current President, Thomas W. Cranmer, past Presidents Thomas G. Kienbaum (1995-96) and Jon R. Muth (1994-95) and Dean Googasian.

2/28 Joint House and Senate Judiciary (Noon)
Agenda: Michigan Department of Corrections Director Caruso to discuss the murders by a parolee in Macomb and Genesee counties.

2/28 Senate Judiciary (1 pm)
Agenda: HB 5675 Clarify disclosure of reports concerning certain convictions under freedom of information act and require measures to ensure accuracy; HB 4643 Require issuance of concealed pistol license renewal within certain period of time; SB 816 Prohibit and provide penalty for unlawfully using or tampering with a marine safety device resulting in death; SB 817 Enact sentencing guidelines for crime of using or tampering with marine safety device causing death.

3/1 House Judiciary
Agenda: Hearing on the issue of Prisoner Identification and Prisoner Re-entry Efforts; HB 5643 Extend time for filing civil action for reimbursement by inmates to the county for cost of imprisonment and care; HB 4086 Allow all county clerks and their designees to conduct solemnization of marriage.

3/2 House Appropriations: Judiciary
Agenda: Presentations on the Proposed FY 2006-7 Budget for the Judiciary by Hon. Clifford W. Taylor, Chief Justice of the Michigan Supreme Court, and Hon. William C. Whitbeck, Chief Judge of the Michigan Court of Appeals

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 2/21– 2/23
Of Interest to the Legal Community
HB 5731 Appropriations; judiciary; judiciary budget; provide for fiscal year 2006-2007. Creates appropriation act.

Of General Interest
HB 5743 Single business tax; repeal; repeal of single business tax; provide for. Repeals enacting sec. 1 of 2002 PA 531, enacting sec. 3 of 1999 PA 115 & 1975 PA 228 (MCL 208.1 - 208.145).

HB 5751 Transportation; motor fuel tax; differential rate on certain motor fuels; provide for. Amends sec. 8 of 2000 PA 403 (MCL 207.1008).

HB 5755 Transportation; other; standards and codes for use of diesel, biodiesel, and hydrogen; establish. Amends secs. 2, 3, 4a, 5, 6 & 7 of 1984 PA 44 (MCL 290.642 et seq.).

SB 1057 Crimes; abuse; committing act likely to cause harm to a child; include in definition of child abuse. Amends sec. 136b of 1931 PA 328 (MCL 750.136b).

SB 1074 Transportation; motor fuel tax; differential rate on certain motor fuels; provide for. Amends sec. 8 of 2000 PA 403 (MCL 207.1008).

SB 1079 Transportation; other; standards and codes for use of diesel, biodiesel, and hydrogen; establish. Amends secs. 2, 3, 4a, 5, 6 & 7 of 1984 PA 44 (MCL 290.642 et seq.).

At the Bar
Sections and Committees
The Real Property Law Section submitted a public policy report stating its support for HB 5030 (Steil) Housing; landlord and tenants; notice of forwarding address; provide technical amendment. Amends sec. 11 of 1972 PA 348 (MCL 554.611).

State News
Debate on Self-Defense Legislation Intensifies
(Lansing State Journal, 2/22/06)
See Also:
Bill Allows Use of Force in Cases of Self-Defense
(Lansing State Journal, 2/21/06)

At the Hall of Justice
Rule Amendments
2006-02 - Amendment of Rule 3.602 of the Michigan Court Rules
MCR 3.602(A) is amended and subrules (I)-(N) of 3.602 are deleted because 1993 PA 78 repealed MCL 600.5040-600.5065.
Issued: February 23, 2006
Effective:May 1, 2006

2006-02 - Amendment of Rule 2.602 of the Michigan Court Rules
The amendment of MCR 2.602(D)(2) provides current statutory references to the Natural Resources and Environmental Protection Act, MCL 324.101 et seq.
Issued: February 23, 2006
Effective:May 1, 2006

2006-02 - Amendment of Rules 7.204 and 7.205 of the Michigan Court Rules
The amendment of MCR 7.204(C)(5) makes the terminology consistent with current usage. See MCR 8.119(D)(1)(c). The amendment also clarifies the distinction between the lower court register of actions and the Court of Appeals docketing statement referred to in MCR 7.204(H) and 7.205(D)(3).
Issued: February 23, 2006
Effective: May 1, 2006

2006-02 - Amendment of Rules 2.612, 3.802, 5.313, and 9.113 of the Michigan Court Rules
The amendment of MCR 2.612(A)(2), 3.802(B)(1), 5.313(F), and 9.113(B)(2), effective May 1, 2006, reflect numbering changes in other rules.
Issued: February 23, 2006
Effective:May 1, 2006

2006-02 - Amendment of Rules 2.507, 4.201, and 4.202 of the Michigan Court Rules
The amendments of MCR 2.507(G), 4.201(F)(5), and 4.202(H)(3) reflect amendments of MCL 600.2529 and 600.5756 by 1993 PA 189.
Issued: February 23, 2006
Effective:May 1, 2006

2006-02 - Amendment of Rule 8.110 of the Michigan Court Rules
The amendment of MCR 8.110(C)(1), effective May 1, 2006, changes references to AO 1997-6, which was rescinded and replaced by AO 1998-5.
Issued:February 23, 2006
Effective:May 1, 2006

2006-02 - Amendment of Rule 8.301 of the Michigan Court Rules
The amendment of MCR 8.301(B)(2)(a) is made to conform to the definition of court in MCL 710.22 and to the provision in 710.46, which provides that the family division of the circuit court shall direct a full investigation upon the filing of an adoption petition.
Issued: February 23, 2006
Effective: May 1, 2006

2006-02 - Amendment of Rules 3.204, 3.206, and 3.209 of the Michigan Court Rules
On order of the Court, the Third Judicial Circuit Court Local Court Rule presently numbered as 3.204 is renumbered as 3.206, Local Court Rule presently numbered 3.206 is renumbered 3.207, and Local Court Rule presently numbered as 3.209 is renumbered as 3.211.
Issued: February 23, 2006
Effective:May 1, 2006

2005-17 - Amendment of Rule 7.213 of the Michigan Court Rules
The amendment of Rule 7.213(C), effective immediately, of the Michigan Court Rules would require the Court of Appeals to give priority to appeals involving election cases.
Issued: February 23, 2006
Effective:February 23, 2006
Comment period expires: December 31, 2006
Public Hearing: To be scheduled

Administrative Orders
Administrative File No. 2006-02
(Rescission of Administrative Order Nos. 1987-9, 1988-2, 1991-8, and 2000-1)
Issued:February 23, 2006
Effective:February 23, 2006

Proposed Amendments
2003-47 - Proposed Administrative Order Regarding Asbestos-Related Disease Litigation
The Court is considering adopting a proposed administrative order regarding asbestos-related disease litigation (see Alternatives A and B).
Alternative A: The proposed Administrative Order provides for consolidation of all asbestos-related disease personal injury actions in the Third Judicial Circuit. It further providers for active and inactive dockets, based on the severity of the alleged injury, as measure in part by the February 2003 American Bar Association standard for nonmalignant asbestos-related disease claims. Alternative B: The proposed Administrative Order provides for consolidation of all asbestos-related disease personal injury actions in the Third Judicial Circuit. It further provides for active and voluntary inactive dockets, based on the severity of the alleged injury, as measure in part by the February 2003 American Bar Association standard for nonmalignant asbestos-related disease claims.
Issued: February 23, 2006
Comment period expires: June 1, 2006

Links of Interest
Public Policy Resource Center
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