November 29, 2004 - December 5, 2004
Volume 2 Issue 48

In the Capitol
The last day of legislative session for the 2003-2004 term is scheduled for Thursday, December 9, 2004.

Committee meetings of interest for the week of 12/6.

12/7 House Judiciary
Agenda: SB 823 Probate, and district judgeships in various circuits.

12/7 House Local Government and Urban Policy
Agenda items of interest: SB 929 Reference to register of deeds accepting funds with redemption on a foreclosure; SB 930 Reference to register of deeds accepting funds with redemption on a foreclosure; SB 931 Reference to register of deeds accepting funds with redemption on a foreclosure; eliminate.
SBM POSITION: SB 929 and 930 – In July 2004, the SBM adopted a position of oppose in principle because of concerns about eliminating the Register of Deeds as the place of a neutral party in accepting payments to avoid foreclosure. Member comments suggested that because some mortgagors may not want to accept payment, there may not be an obliging alternative recipient of payment. After review of SB 929 and SB 930 as passed by the Senate on December 2, 2004, amendments appear to have addressed this concern.
Real Property Law Section Position: SB 929 and SB 930- As of May 2004, the Section had an official position of oppose.  However, a representative of the section has communicated that its concerns were addressed in the Senate-passed bills.
Standing Committee on Justice Initiatives: SB 929 and SB 930 – As of June 2004, the Committee has an official position of oppose in principle.

Complete Committee Meeting List
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Capitol Agenda
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(Detroit News, 12/4/04)


Legislation Recently Signed into Public Acts
PA 406 of 2004 - Posting of Township Notices, Effective 11/29/04
SB 928 (George) Townships; charter; posting of township board notices, ordinances, and proceedings; allow to post on website and township hall. Amends sec. 8 of 1947 PA 359 (MCL 42.8).

PA 407 of 2004 - Allow Liquor Price Increase, Effective 11/29/04
HB 4458 (Rocca) Liquor; retail sales; sale above the minimum retail selling price; allow. Amends sec. 229 of 1998 PA 58 (MCL 436.1229).

PA 408 of 2004 - Campground and Swimming Pool Fees, Effective 11/29/04
HB 4703 (Whitmer) Health; code; campgrounds and public swimming pools licensing requirements and fees; revise. Amends secs. 12501, 12505, 12506, 12507, 12508, 12509, 12512, 12513, 12514, 12516, 12521, 12527, 12527a, 12528, 12529 & 12532 of 1978 PA 368 (MCL 333.12501 et seq.) & adds secs. 12506a, 12506b, 12510 & 12527b.

PA 409 of 2004 - Medicaid Related Lawsuit, Effective 11/29/04
HB 5414 (Shulman) Human services; medical services; notification to state regarding certain lawsuits; require. Amends sec. 106 of 1939 PA 280 (MCL 400.106).

PA 410 of 2004 - Medical Rebate Ban Exemptions, Effective 11/29/04
HB 5947 (Palmer) Health; pharmaceuticals; health care false claims act; exempt certain rebates from medical supply companies to consumers. Amends 1984 PA 323 (MCL 752.1001 - 752.1011) by adding sec. 4b. TIE BAR WITH HB 5970.

PA 411 of 2004 - Medical Rebate Ban Exemptions, Effective 11/29/04
HB 5970 (Newell) Health; pharmaceuticals; health care false claims act; exempt certain rebates from drug companies to consumers. Amends 1984 PA 323 (MCL 752.1001 - 752.1011) by adding sec. 4a. TIE BAR WITH HB 5947.

PA 412 of 2004 - Random Audits of ISDs, Effective 11/29/04
HB 5457 (Palmer) Education; intermediate school districts; random audits of intermediate school districts; require department of treasury to conduct. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 622a.

PA 413 of 2004 - ISD Reporting Requirements, Effective 11/29/04
HB 5475 (Bradstreet) Education; intermediate school districts; internet accessible database regarding certain intermediate school district expenditures; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 620. TIE BAR WITH HB 5627.

PA 414 of 2004 - ISD Website Address, Effective 11/29/04
HB 5627 (Johnson, Ruth) Education; intermediate school districts; certain information to be included in annual financial report; require. Amends sec. 18 of 1979 PA 94 (MCL 388.1618). TIE BAR WITH HB 5475.


PA 415 of 2004 - ISD Operating Millage; Bonds, Effective 11/29/04
HB 5839 (Johnson, Ruth) Education; intermediate school districts; uses for special education and vocational education bond proceeds and millages; clarify and limit duration of certain intermediate school district millages. Amends secs. 681, 687, 1723, 1724a & 1731 of 1976 PA 451 (MCL 380.681 et seq.) & adds sec. 625b.

PA 416 of 2004 - TWP. Police and Fire Contracts, Effective 11/29/04
HB 5843 (LaJoy) Townships; public services; police authority; allow township to enter into more than 1 under certain circumstances. Amends sec. 6 of 1951 PA 33 (MCL 41.806).

PA 417 of 2004 - ISD Funds: Criminal Violations, Effective 90 Days After Sine Die Adjournment
HB 5850 (Johnson, Ruth) Education; school districts; certain penalties for misuse of certain school district or intermediate school district funds; provide for. Amends sec. 1804 of 1976 PA 451 (MCL 380.1804) & adds secs. 1814, 1815 & 1816.

PA 418 of 2004 - ISD Funds: Criminal Violations, Effective 90 Days After Sine Die Adjournment
HB 5851 (Johnson, Ruth) Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of failing to comply with school competitive bidding process and improper use of school bond proceeds; enact. Amends sec. 13p, ch. XVII of 1927 PA 175 (MCL 777.13p). TIE BAR WITH: HB 5850.

PA 419 of 2004 - ISD Board: Conflict of Interest, Effective 11/29/04
HB 5921 (Johnson, Ruth) Education; intermediate school districts; conflict of interest policy for intermediate school district officials and employees; require, prohibit member of constituent district board from serving on intermediate school board, and allow certain changes to composition of intermediate school boards. Amends secs. 611, 612, 613, 614 & 621a of 1976 PA 451 (MCL 380.611 et seq.) & adds sec. 634.

PA 420 of 2004 - Truck Length and Weight Restrictions, Effective 11/29/04
HB 4358 (DeRossett) Vehicles; trucks; length limit; increase to 65 feet for certain trucks, revise fines for misloaded trucks, and clarify procedures for weighing trucks with lift axles. Amends secs. 719 & 724 of 1949 PA 300 (MCL 257.719 & 257.724) & adds sec. 724a.

In the Hall of Justice
New Drunk Driving Exhibit to Be Revealed at Michigan Supreme Court Learning Center During December 2 Program
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(Michigan Supreme Court, 12/1/04)

Glen M. Bis Named as Chief Commissioner of Michigan Supreme Court; Michael J. Schmedlen to Serve as Deputy Chief Commissioner

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(Michigan Supreme Court, 12/1/04)

Child Pornography Distribution Charge at Issue in Case Before Michigan Supreme Court Next Week
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(Michigan Supreme Court, 12/3/04)

At the Bar
Annual "Race for Justice" Raises Nearly $3,000
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(State Bar of Michigan, 12/2/04)

Representative Assembly Seeks Input Regarding MRPC & MSILS
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(State Bar of Michigan, 12/1/04)

Nominations Open For State Bar McCree Awards For Journalists
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(State Bar of Michigan, 12/1/04)

Sections and Committees
The Prisons and Corrections Section submitted a public policy report that explains the Section’s support for a new court rule requiring that all defendants be sentenced using their birth name even if arrested using an alias.

For a copy of this report, please email elyon@mail.michbar.org.

State News
Bill To Allow No-Reason Absentee Vote Fails
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(Detroit News, 12/3/04)

State Is Hit By $440 Million In Red Ink
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(Detroit News, 12/2/04)
See Related:
State Economists Disagree On Budget Deficit Numbers
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(Detroit News, 12/4/04)

Michigan's Economic Struggles Unyielding
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(Lansing State Journal, 12/5/04)

State Unions Await Ruling On Same-Sex Issue
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(Lansing State Journal, 12/3/04)

Links of Interest
Public Policy Resource Center
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