Public Policy Update from the State Bar of Michigan
February 1-7, 2010
Volume 8 Issue 6

FOCUS: Fiscal Year 2011 Executive Budget Recommendations
On February 11, at a joint meeting of the House and Senate Appropriations Committees, the Governor's budget recommendations for the 2011 fiscal year will be presented.

In the Capitol
The House of Representatives will meet at 10 a.m. on Thursday, February11.
House Session Schedule
Senate Session Schedule

Committee Meetings of Interest for the Week of 2/8
2/9 House Intergovernmental and Regional Affairs
Agenda Item of Interest: SB 791 Create uniform real property electronic recording act.
Real Property Law Section Position: Oppose and Amend

2/9 Senate Judiciary
Agenda: SB 738 Limit liability of persons under equine activity liability act to willful and wanton acts under certain circumstances.

2/9 Senate Families and Human Services
Agenda Items of Interest: HB 4535 Restrict conditions involving termination of parental rights; HB 4820 Restrict conditions involving termination of parental rights in child protection law.
Children's Law Section Position on HB 4535: Support and Amend

2/10 House Families and Children's Services
Agenda Item of Interest: Presentation by Jack McKaig, Children's Law Section of the State Bar of Michigan.

2/10 House Judiciary
Agenda: HB 5655 Allow forfeiture of real property used in the commission of animal fighting; HB 5656 Include a racketeering statute in animal fighting as predicate offense and revise certain in rem forfeiture provisions; HB 5661 Increase assessments against certain criminal defendants and juvenile offenders;
HB 5666 Modify allocation of excess revenue in crime victim's rights fund; HB 5667 Increase amount of awards; HB 5668 Declare property on which animal fighting is conducted to be a nuisance; HB 5675 Allow release of certain county jail inmates for purpose of deportation; SB 713 Enact sentencing guidelines for gang recruitment and retaliation violations.

2/11 House Appropriations, Joint Meeting with Senate Appropriations
Agenda: 2010- 2011 Executive Budget Recommendations presented by the State Budget Director, Robert L. Emerson.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 2/2–2/4
Of Interest to the Legal Community

HB 5783 Courts; juries; eligibility to postpone jury service of students; expand to include full-time higher education students. Amends sec. 1335 of 1961 PA 236 (MCL 600.1335).

Of General Interest
SJR S Legislature; other; spending cuts or increased revenues for any bill that will have negative impact on state revenues; provide for. Amends sec. 26, art. IV of the state constitution.

In the Hall of Justice
Rule Amendments
2008-39—Amendments of Rules 6.425 and 6.610 of the Michigan Court Rules
The amendments of Rules 6.425 and 6.610 of the Michigan Court Rules were submitted by the Representative Assembly of the State Bar of Michigan. The amendments increase the time within which a court is required to provide copies of the presentence report to the prosecutor, the defendant's lawyer, or the defendant if not represented by a lawyer, to at least two business days before the day of sentencing. If the report is not made available at least two days before sentencing, the prosecutor or defendant's lawyer, or the defendant, when not represented by a lawyer, is entitled to an adjournment to prepare any necessary corrections, additions, or deletions to present to the court. The revisions of these rules also prohibit the inclusion of specific information in the report about the victim or witness, and require that the court instruct those who review the report that they are precluded from making a copy of the report and must return their copy to the court before or at the defendant's sentencing. The confidentiality provision is based on MCL 791.229.
Issued: February 5, 2010
Effective May 1, 2010

2008-43—Amendments of Rules 3.800, 3.802, 3.901, 3.903, 3.920, 3.921, 3.931, 3.935, 3.961, 3.963, 3.965, 3.974, 3.975, 3.976, 3.977, 3.980, 5.125, 5.402 and Adoption of New Rules 3.002, 3.807, 3.905, 3.967, and 5.109 of the Michigan Court Rules
These amendments incorporate provisions of the Indian Child Welfare Act into specific provisions within various rules relating to child protective proceedings and juvenile status offenses. The language is designed to make the rules reflect a more integrated approach to addressing issues specific to Indian children.
Issued: February 2, 2010
Effective: May 1, 2010

2009-14—Amendment of Rules 7.101 and 7.105 of the Michigan Court Rules
This amendment clarifies that briefs filed in cases that involve an appeal to a circuit court from a district court or an appeal of a decision by a state administrative agency, board, or commission may not exceed 50 pages in length, similar to the length restriction in cases filed in the Court of Appeals.
Issued: February 2, 2010
Effective: May 1, 2010

2009-26—Amendments of Rules 5.105, 5.125, 5.201, 5.501, 5.801, and 5.802 of the Michigan Court Rules and Adoption of New Rule 5.208 of the Michigan Court Rules (to Replace Rules 5.306 and 5.503)
These changes, submitted by the Probate and Estate Planning Council of the State Bar of Michigan and the Michigan Probate Judges Association, have been designed so that the rules conform to recently-enacted statutory changes creating the Michigan Trust Code. The amendments correct and insert cross-references to the applicable statutory provisions, and make other technical changes. In addition, new MCR 5.208 incorporates the notice requirements for both decedent estates and trusts currently contained in MCR 5.306 and MCR 5.503, and replaces those rules.
Issued: February 2, 2010
Effective: April 1, 2010

Administrative Orders
Administrative Order No. 2010-1—File No. 2005-13
Adoption of Administrative Order to establish and require compliance with Court Collections Program and Reporting Requirements.
Issued: February 2, 2010
Effective: February 2, 2010

Proposed Amendments
2008-09—Proposed Amendment of Rules 3.210 and 3.211 of the Michigan Court Rules
Order dated February 2, 2010

On order of the Court, the proposed amendments of Rules 3.210 and 3.211 of the Michigan Court Rules having been published for comment at 483 Mich 1256-1260 (Part 3, 2009), and an opportunity having been provided for comment in writing and at a public hearing on January 27, 2010, the Court declines to modify the court rules. This administrative file is closed without further action.

2009-11—Proposed Amendment of Rule 6.302 of the Michigan Court Rules
Order dated February 2, 2010

On order of the Court, the proposed amendment of Rule 6.302 of the Michigan Court Rules having been published for comment at 483 Mich 1252-1256 (Part 3, 2009), and an opportunity having been provided for comment in writing and at a public hearing on January 27, 2010, the Court declines to modify the court rule. This administrative file is closed without further action.

Other Actions
2010-01—Appointment of Chief Judge Arenac Probate Court
Issued: February 2, 2010

At the Bar
The February 2010 American Indian Law issue of the Michigan Bar Journal is now available online at www.michbar.org/journal.

Sections and Committees
The Animal Law Section submitted a Public Policy position on the following items:
Support: HB 4570 Criminal procedure; sex offender registration; crime of sodomy; specify sodomy of an animal for inclusion in sex offender registration requirements. Amends sec. 2 of 1994 PA 295 (MCL 28.722).

Support: HB 4663 Occupations; individual licensing and regulation; dealers or research facilities using dogs and cats for certain purposes; clarify regulation. Amends secs. 1, 8 & 9 of 1969 PA 224 (MCL 287.381 et seq.) & repeals sec. 15 of 1969 PA 224 (MCL 287.395).

Federal News
Illinois Court Overturns Malpractice Statute
(New York Times, 2/4/10)

State News
Gov. Granholm Releases Prisoners at Record Rate
(Detroit Free Press, 2/7/10)

State of the State: Many in Mid-Michigan Could be Impacted
(Lansing State Journal, 2/4/10)
See Also:
Granholm: New, Diverse Michigan Economy Ahead
(Detroit Free Press, 2/3/10)
Text of Gov. Jennifer Granholm's State of the State Address

State Supreme Court Orders Standard for Fine Collection
(Morning Sun, 2/3/10)

Pilot Program Lets Jurors Ask Questions
(Wood TV, 2/2/10)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines