Public Policy Update from the State Bar of Michigan
March 8-14, 2010
Volume 8 Issue 11

In the Capitol
Committee Meetings of Interest for the Week of 3/15
3/16 House Appropriations: Human Services
Agenda: Juvenile Justice; DHS Model; Wayne County Model.

3/16 House Judiciary
Agenda: HB 5676 Create Michigan public defense act.
SBM Position: Support

3/16 Senate Appropriations: Judiciary & Corrections
Agenda: Subcommittee Decisions on FY 2010-2011 Department of Corrections Budget.

3/17 House Appropriations
Agenda Items of Interest: HB 5538 Impose additional fee when posting bail, and direct revenue to indigent counsel defense; HB 5539 Create indigent defense counsel fund, and provide for distribution of revenue; HB 5883 (Tlaib) Judiciary Budget for fiscal year 2010-2011.

3/17 House Judiciary
Agenda: HB 5034 Modify requirement for lawful reentry by landlord; HB 5819 Prohibit private court action against landfill for NREPA violations if DNRE is pursuing administrative action; HB 5854 Revise authority to set amount of civil fines for certain civil infractions; SB 325 Prohibit installation or use of motor vehicle tracking device under certain circumstances and provide penalty; SB 794 Create sobriety court interlock pilot project; SB 795 Establish license sanctions for DWI/sobriety court participants; and any business properly before this committee.

3/17 House Families and Children's Services
Agenda Item of Interest: HB 4015 Allow access to certain adoption records unless a denial is on record.
Family Law Section Position: Oppose

3/17 House Judiciary: Mental Health
Agenda: HB 5175 Clarify juvenile competency and culpability; HB 5482 Clarify restoration of juvenile to competency to proceed; HB 5483 Clarify restoration of juvenile to competency to proceed; HB 5484 Clarify certain statements made during juvenile competency evaluation; HB 5485 Clarify juvenile competency definitions; HB 5486 Require criminal procedure; juvenile competency hearing; HB 5487 Clarify juvenile competency and evaluation; HB 5488 Require use of a qualified examiner for juvenile competency evaluation; HB 5489 Clarify juvenile competency evaluation and report.

3/17 Senate Economic Development and Regulatory Reform
Agenda Items of Interest: HB 5029 Create fund fees for licensing interpreters; HB 5672 Allow fee for licensing interpreters deposit into division on deafness fund.

3/17 Senate Appropriations
Agenda Item of Interest: SB 1153 Department of Corrections Budget for fiscal year 2010-2011.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 3/9–3/11
Of Interest to the Legal Community

HB 5925 Civil procedure; foreclosure; mediation of mortgages in default; require employee of mortgage holder to attend mediation. Amends sec. 3205a of 1961 PA 236 (MCL 600.3205a).

HB 5932 Torts; liability; bowling centers; provide immunity from liability for slip and fall under certain circumstances. Creates new act.

HB 5942 Human services; services or financial assistance; information sharing between department of corrections and department of human services; require. Amends 1939 PA 280 (MCL 400.1400.119b) by adding sec. 10c.

In the Hall of Justice
Michigan Supreme Court's Public Administrative Conference held March 11; Attorney Grievance Commission Proposals and Budget on Agenda

At the Bar
United States District Court for the Eastern District Proposes Amendments to Local Rules

An Evening of Enlightenment

Sections and Committees
The Elder Law and Disability Rights Section submitted a Public Policy position on HB 5196 Probate; powers of attorney; uniform power of attorney act; enact. Creates new act & repeals secs. 5501–5505 of 1998 PA 386 (MCL 700.5501700.5505).

The Family Law Section submitted Public Policy positions on the following items:
Oppose: HB 5114 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).

Support: SB 1118 Children; parental rights; provision relating to termination of parental rights; modify. Amends sec. 17, ch. XII of 1939 PA 288 (MCL 712.17).

Support: SB 1119 Children; parental rights; procedure for proof of termination; modify. Amends sec. 15, ch. XII of 1939 PA 288 (MCL 712.15).

Support: SB 1120 Children; parental rights; provision relating to parent who voluntarily surrendered a child to an emergency service provider; eliminate. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).

Oppose: SB 1127 Family law; marriage and divorce; no-fault divorces; eliminate under certain circumstances. Amends secs. 6 & 7 of 1846 RS 84 (MCL 552.6 & 552.7).

Oppose: SB 1176 Family law; marriage and divorce; persons authorized to solemnize marriage; provide prohibition if ordained via mail or internet or other electronic means. Amends sec. 7 of 1846 RS 83 (MCL 551.7).

State News
State's Term Limits Have Boosted Lobbyist Influence, Study Finds
(Lansing State Journal, 3/15/10)

Efforts to Lengthen State's Term Limits Seem Stalled
(Detroit News, 3/13/10)

Fair Courts Start With Election Reform–Michigan Supreme Court Justice Weaver
(Our Midland, 3/13/10)

'08 Primary Voting Rolls Are Public Record, Appeals Court Rules
(Detroit News, 3/11/10)

State Bills Offer New Retirement Incentives
(Detroit News, 3/11/10)

Lawmakers May Take School Spending Reforms to Voters
(Detroit News, 3/10/10)

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