December 12, 2005 - December 18, 2005
Volume 3 Issue 49

Note: Due to the holidays, the Public Policy Update will not be published December 26 and January 2.

In the Capitol
The Michigan House of Representatives is adjourned until Wednesday, January 11, 2006
View Michigan House of Representatives 2006 Session Schedule

The Michigan Senate is adjourned until Wednesday, January 11, 2006
View Michigan Senate 2006 Session Schedule

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 12/13–12/14
Of Interest to the Legal Community

HB 5496 Family law; marriage and divorce; 6-month waiting period before finalizing a divorce; provide exemption if both parties have resolved all issues before filing for divorce. Amends sec. 9f of 1846 RS 84 (MCL 552.9f). TIE BAR WITH: HB 5495'05

HB 5509 Civil procedure; remedies; compensation for wrongful imprisonment for crime; provide. Creates new act. TIE BAR WITH: HB 5484'05

HB 5512 Criminal procedure; sentencing; sentencing individual convicted as a juvenile to imprisonment for life without parole eligibility; prohibit. Amends secs. 1 & 1b, ch. IX of 1927 PA 175 (MCL 769.1 & 769.1b).

HB 5513 Criminal procedure; sentencing; sentencing juvenile to imprisonment for life without parole eligibility; amend probate code of 1939 to prohibit. Amends secs. 2d & 18, ch. XIIA of 1939 PA 288 (MCL 712A.2d & 712A.18). TIE BAR WITH: HB 5512'05, HB 5514'05, HB 5515'05

HB 5514 Corrections; parole; parole of certain juvenile offenders sentenced to imprisonment for life; allow. Amends sec. 34 of 1953 PA 232 (MCL 791.234). TIE BAR WITH: HB 5512'05, HB 5513'05, HB 5515'05

HB 5515 Crimes; penalties; penalties for certain crimes of imprisonment for life without parole eligibility; amend Michigan penal code to exclude application to juvenile offenders. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 506b. TIE BAR WITH: HB 5512'05, HB 5513'05, HB 5514'05

HB 5524 Probate; other; living wills; provide for, and require compliance with. Amends heading for pt. 5, art. V of 1998 PA 386 (MCL 700.1101 - 700.8102) & adds secs. 5525 & 5527.

Of General Interest
HB 5525 Elections; registration; delivery of voter identification card to a post office box; allow. Amends sec. 499 of 1954 PA 116 (MCL 168.499).

HB 5527 Torts; product liability; FDA approval defense for drug products; provide for rebuttable presumption rather than absolute defense and provide grace period for bringing certain actions previously barred by the defense. Amends secs. 2946 & 5805 of 1961 PA 236 (MCL 600.2946 & 600.5805).

SB 938 Health; occupations; conscientious objector accommodation act; create. Creates new act.

In the Hall of Justice
Judicial Misconduct Charge, Medical Experts Issue to be Considered at Oral Arguments Before Michigan Supreme Court

Rule Amendments
2005-16 - Amendment of Rule 4.101 of the Michigan Court Rules
The amendment of MCR 4.101(A)(2) clarifies that those who may amend the violation on a citation are the prosecuting attorney or attorney for the political subdivision, the officer who issued the citation, or another police officer for the plaintiff.
Issued: December 13, 2005
Effective: January 1, 2006

2004-60 - Amendment of Rule 9.205 of the Michigan Court Rules
The amendment of Rule 9.205 allows the Judicial Tenure Commission to recommend and this Court to order that a disciplined judge pay the costs, fees, and expenses incurred by the commission in prosecuting the complaint of judicial misconduct when the judge has engaged in conduct involving fraud, deceit, intentional misrepresentation, or misleading statements to the commission, the commission’s investigators, the mast, or the Supreme Court. Cf. In re Noecker, 472 Mich 1 (2005).
Issued: December 14, 2005
Effective: January 1, 2006

2003-04 - Amendment of Rules 6.001, 6.006, 6.302, and 6.425 of the Michigan Court Rules
(Technical corrections/clarity to July 13, 2005, Order)
Issued: December 14, 2005
Effective: January 1, 2006

At The Bar
Judicial Vacancy - Washtenaw County Probate
The Honorable John Kirkendall is vacating his seat Washtenaw Country Probate Court. The deadline for applications is January 25, 2006.

Foundation Katrina Grant Applications Due 12/31/05

Sections and Committees
The Family Law Section submitted the following public policy reports:
HB 5198 (Schuitmaker) Family law; marriage and divorce; provision regarding pensions in divorce; modify. Amends sec. 18 of 1846 RS 84 (MCL 552.18).
Position: Support and suggest language

HB 5267 (Mortimer) Family law; child custody; joint custody; mandate in every custody dispute between parents except in certain circumstances. Amends sec. 6a of 1970 PA 91 (MCL 722.26a).
Position: Oppose

HB 5337 (Jones) Military affairs; other; waiver from "administrative hearings" while deployed or serving on active duty; provide for. Amends sec. 117 of 1967 PA 150 (MCL 32.517).
Position: No position on the bill as introduced, but oppose the inclusion of any custody provision in the Michigan military act

HB 5399 (Condino) Children; adoption; second parent adoption; provide for. Amends sec. 24 of 1939 PA 288 (MCL 710.24).
Position: Support

SB 891 (Hardiman) Family law; child support; collection duties for certain state departments; establish. Amends title & secs. 1, 3, 13 & 28 of 1941 PA 122 (MCL 205.1 et seq.) & repeals 1927 PA 375 (MCL 14.131 - 13.134).
Position: Opposes unless it clearly exempts support enforcement from the supervision and control of the Department of Treasury

Federal News
Michigan Lawmakers Adopt Property Rights
(Washington Times, 12/16/05)

Bush Agrees to McCain's Ban on Torture
(Washington Times, 12/16/05)

State News
Lawmakers Plan to Push for More Business Tax Cuts
(Detroit Free Press, 12/15/05)

State Elections Board Deadlocks on Affirmative Action Proposal
(Lansing State Journal, 12/15/05)
See Related:
Potential Ballot Issues on the Rise in Michigan
(Lansing State Journal, 12/12/05)

State Legislature Approves Sweeping Welfare Reform
(Lansing State Journal, 12/14/05)

Links of Interest
Public Policy Resource Center
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