Public Policy Update from the State Bar of Michigan
March 2–8, 2009
Volume 7 Issue 10

In the Capitol
Committee Meetings of Interest for the Week of 3/9
3/11 House Judiciary
HB 4117 Enact false claims act; Presentation from Michael Gadola, Supreme Court Counsel and Janet Welch, Executive Director, State Bar of Michigan; and any other business properly before this committee.
Complete Committee Meeting List

New Public Acts

Legislation Introduced 3/3–3/25
Of Interest to the Legal Community
HB 4482 Crimes; fleeing and eluding; penalties for crime of fleeing and eluding a law enforcement officer; provide mandatory minimum sentence. Amends sec. 479a of 1931 PA 328 (MCL 750.479a).

HB 4483 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of fleeing and eluding an officer; amend to remove. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x).

HB 4497 Corrections; prisoners; good time system; restore for all prisoners and eliminate disciplinary credits and disciplinary time. Amends secs. 20g, 33, 34, 34a, 35, 36, 51, 65 & 65a of 1953 PA 232 (MCL 791.220g et seq.) & repeals secs. 33b & 33c of 1953 PA 232 (MCL 791.233b & 791.233c).

HB 4498 Corrections; prisoners; provisions of prison code relating to disciplinary time and disciplinary credits; eliminate, and restore good time credits. Amends sec. 33 of 1893 PA 118 (MCL 800.33) & repeals secs. 34 & 35 of 1893 PA 218 (MCL 800.34 & 800.35).

HB 4499 Criminal procedure; sentencing; provisions concerning sentencing multiple felonies; eliminate reference to disciplinary time. Amends sec. 12, ch. IX of 1927 PA 175 (MCL 769.12).

HB 4500 State; symbol; English; establish as the official state language. Creates new act.

HB 4503 Property; other; affidavits to correct errors or omissions relating to previously recorded documents; allow. Amends 1915 PA 123 (MCL 565.451a565.453) by adding sec. 1d.

HB 4509 Corrections; prisoners; commutation hearings and procedures; expedite for commutations based on physical or mental incapacity or if prisoner is terminally ill. Amends sec. 44 of 1953 PA 232 (MCL 791.244).

HB 4510 Corrections; prisoners; commutation hearings and procedures; clarify provision regarding medical commutations. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

HB 4518 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 750.1750.568) by adding sec. 506b.

SB 0300 Appropriations; corrections; department of corrections; provide for fiscal year 2009-2010. Creates appropriation act.

SB 0307 Appropriations; judiciary; judiciary budget; provide for fiscal year 2009-2010. Creates appropriation act.

SB 0317 Traffic control; other; driver responsibility fees; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

In the Hall of Justice
Michigan Supreme Court Votes to Retain Detroit, Traverse City Offices

Summer Law Programs for Junior High, High School Students to be Offered by Michigan Supreme Court Learning Center

Justice Recusal Procedure Michigan Supreme Court's March 5 Public Administrative Conference

Certification of Class Action Against Dow Chemical Company at Issue in Case Before Michigan Supreme Court

At the Bar
The March 2009 Business Law issue of the Michigan Bar Journal is now available online at www.michbar.org/journal. In addition to our feature articles, this month's issue introduces you to Michigan's lawyer-legislators of the 95th state legislature. You'll also find the State Bar election notice, information about joining an SBM committee, and our list of 50-year members for 2009.

Sections and Committees
The Animal Law Section offered a Public Policy position on the Montcalm County Animal Control Shelter.

The Family Law Section has submitted Public Policy reports on the following items:
Oppose and Amend: SB 0067 Family law; child support; notice that payee of child support may be entitled to payment from lawsuit settlement or judgment or similar source; require. Amends 1982 PA 295 (MCL 552.601552.650) by adding sec. 25j.

Support: SB 0068 Family law; child support; payment of child support arrearages from casino winnings; require. Amends sec. 3 of 1996 IL 1 (MCL 432.203) & adds sec. 9e.

Oppose and Amend: SB 0099 Family law; friend of the court; friend of the court act; make miscellaneous revisions. Amends secs. 2, 2a, 5, 5a, 9a, 11a, 13, 15, 17, 17b, 19, 27 & 28 of 1982 PA 294 (MCL 552.502 et seq.).

Oppose and Amend: SB 0100 Family law; child support; support and parenting time enforcement act; make miscellaneous changes. Amends secs. 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 8, 9, 11a, 19, 24, 25a, 26b, 28, 29, 30, 31, 33, 35, 39, 44, 45, 46 & 48 of 1982 PA 295 (MCL 552.602 et seq.).

Oppose: 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.

Oppose: HB 4061 Family law; child support; termination of child support obligations when DNA evidence demonstrates payer is not the biological parent; provide for. Amends 1982 PA 295 (MCL 552.601552.650) by adding sec. 5f.

Support: HB 4118 Human services; children's services; procedure for placement of children in a foster home; expand to give special consideration to relatives. Amends sec. 4a of 1994 PA 203 (MCL 722.954a).

Oppose: HB 4197 Family law; parenting time; great-grandparenting time; provide for. Amends secs. 2 & 7b of 1970 PA 91 (MCL 722.22 & 722.27b).

State News
Jail Fewer, Group Tells Michigan
(Detroit News, 3/3/09)

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