Public Policy Update from the State Bar of Michigan
February 23–March 1, 2009
Volume 7 Issue 9

In the Capitol
Committee Meetings of Interest for the Week of 3/2
3/3 House Appropriations: Corrections
Agenda: Public Testimony; Presentation from Judge Harvey Hoffman on Specialty Courts.

3/3 Senate Judiciary
Agenda: SB 145 Allow restitution to include recovery for replacement value if fair market value is impractical or impossible to ascertain; SB 146 Allow recovery for replacement value if fair market value is impossible or impractical to ascertain; SB 188 Revise issuance of certain search warrants.

3/4 House Judiciary
Agenda: HB 4248 Modify provision relating to reemployment of retired nursing staff in the department of corrections; HB 4315 Modify criminal sexual conduct in the second degree elements of crimes involving certain prisoners and probationers; and any other business properly before this committee.

3/5 House Banking and Financial Services
Agenda: HB 4453 Create mediation program for mortgages of certain residential property that are in default; HB 4454 Create mediation program for mortgages of certain residential property that are in default; HB 4455 Create mediation program for mortgages of certain residential property that are in default.

3/5 Senate Appropriations: Judiciary & Corrections
Agenda: FY 2009-10 Governor's Recommendation for the Judiciary Budget. Honorable Marilyn Kelly, Chief Justice for the Michigan Supreme Court. Honorable Henry William Saad, Chief Judge of the Michigan Court of Appeals. State Appellate Defenders' Office. Michigan Appellate Assigned Counsel System.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 2/24–2/26
Of Interest to the Legal Community
HB 4405 Criminal procedure; expunction; record expunction for certain offenders; provide for. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).

HB 4437 Appropriations; corrections; department of corrections; provide for fiscal year 2009-2010. Creates appropriation act.

HB 4443 Appropriations; judiciary; judiciary budget; provide for fiscal year 2009-2010. Creates appropriation act.

HB 4453 Civil procedure; foreclosure; mediation program for mortgages of certain residential property that are in default; create. Amends title & sec. 3204 of 1961 PA 236 (MCL 600.3204) & adds sec. 3205.

HB 4454 Civil procedure; foreclosure; mediation program for mortgages of certain residential property that are in default; create. Amends 1961 PA 236 (MCL 600.101600.9947) by adding secs. 3205a & 3205b.

HB 4455 Civil procedure; foreclosure; mediation program for mortgages of certain residential property that are in default; create. Amends 1961 PA 236 (MCL 600.101600.9947) by adding secs. 3205c, 3205d & 3205e & repeals secs. 3205a to 3205d of 1961 PA 236 (MCL 600.3205 et seq.).

Of General Interest
HB 4467 Labor; fair employment practices; worker freedom act; create. Creates new act.

Additional Legislation of Interest Introduced 2/3–2/19
Of Interest to the Legal Community

HB 4131 Children; adoption; second parent adoption; provide for. Amends secs. 24 & 51 of 1939 PA 288 (MCL 710.24 & 710.51).

HB 4139 Juveniles; crimes; fines against juveniles who commit certain crimes and counseling for those juveniles and their parents; provide for. Amends 1939 PA 288 (MCL 710.21–712A.32) by adding sec. 18n to ch. XIIA.

HB 4141 Criminal procedure; sentencing; assessment of $10.00 to individuals who have committed an alcohol-related offense; require, and earmark to drug treatment courts. Amends 1927 PA 175 (MCL 760.1777.69) by adding sec. 1m to ch. IX.

HB 4169 Human services; children's services; requirement for parental disclosure of relatives when placing a child in a home other than that of a parent; implement. Amends sec. 13a, ch. XIIA of 1939 PA 288 (MCL 712A.13a).

HB 4184 Counties; other; uniform system of accounting and reporting; modify. Amends secs. 4 & 5 of 1919 PA 71 (MCL 21.44 & 21.45).

HB 4222 Civil procedure; personal protection orders; victims of posting certain messages on the internet, furnishing obscene publications to minors, or criminal sexual conduct; allow to petition for personal protection orders. Amends sec. 2950a of 1961 PA 236 (MCL 600.2950a).

HB 4321 Property tax; principal residence exemption; eligibility for conditional rescission of principal residence exemption; expand to certain inherited estates. Amends sec. 7cc of 1893 PA 206 (MCL 211.7cc).

HB 4330 Civil procedure; remedies; correction of inaccurate item in consumer credit reports; establish procedures for civil action in state court. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 8309.

HB 4373 Traffic control; driver license; resident address on driver license different than resident address on qualified voter file; permit. Amends secs. 307 & 315 of 1949 PA 300 (MCL 257.307 & 257.315).

HB 4374 Elections; registration; resident address on driver license or personal identification card different than resident address on qualified voter file; permit. Amends sec. 509o of 1954 PA 116 (MCL 168.509o).

SB 0197 Family law; paternity; circumstances under which putative father may sue to establish paternity of a child born to a married woman; establish. Amends secs. 1, 4 & 6 of 1956 PA 205 (MCL 722.711 et seq.).

Of General Interest
HB 4267 Criminal procedure; warrants; procedure for public disclosure of a civil or criminal arrest warrant; modify. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 1817.

SB 0165 Traffic control; accidents; procedure relating to obtaining crash reports; modify. Amends secs. 621 & 622 of 1949 PA 300 (MCL 257.621 & 257.622).

SB 0183 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of financial exploitation of vulnerable adult; revise to reflect increased penalties. Amends sec. 16i, ch. XVII of 1927 PA 175 (MCL 777.16i).

SB 0184 Crimes; embezzlement; penalties for financial exploitation of vulnerable adults; increase. Amends sec. 174a of 1931 PA 328 (MCL 750.174a).

SB 0185 Housing; landlord and tenants; early lease termination; allow for certain victims of domestic assault. Amends 1972 PA 348 (MCL 554.601554.616) by adding sec. 1b.

SB 0227 Children; guardians; guardianship assistance act; clarify. Amends title & secs. 1, 2, 3, 4, 5, 6 & 9 of 2008 PA 260 (MCL 722.871 et seq.); adds secs. 5a & 5b & repeals secs. 7 & 10 of 2008 PA 260 (MCL 722.877 & 722.880).

SB 0260 Children; protection; access to documents referencing death of a child who was a ward of the state; allow. Amends 1975 PA 238 (MCL 722.621722.638) by adding sec. 7l.

In the Hall of Justice
There will be a Public Administrative Conference on March 5, 2009. Public Administrative Conferences are meetings at which members of the Michigan Supreme Court discuss and decide various administrative matters, including proposed court rule amendments and administrative orders.
View Agenda

At the Bar
The State Bar of Michigan's Board of Commissioners will meet on March 6, 2009. For more information, please contact pcunningham@mail.michbar.org.

SBM Animal Law Section Symposium Set For Friday, March 20

State News
Report: Michigan Spends Too Much on Prisons, Not Enough on Alternatives
(Detroit News, 3/2/09)

High Bar for Tax, Fee Hikes
(Detroit News, 2/27/09)

Proposed Increases by Granholm Unlikely to Succeed in '09
(Lansing State Journal, 2/26/09)

Obama's Budget Could Be Helping Hand for Michigan
(Detroit Free Press, 2/26/09)

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