Public Policy Update from the State Bar of Michigan
June 15 —21, 2009
Volume 7 Issue 25

FOCUS: U.S. House of Representatives Approves $440 Million for Legal Services
On Thursday, June 18, the U.S. House of Representatives passed H.R. 2847, the Commerce, Justice, Science, and Related Agencies Appropriations Act for 2010. Among other things, the appropriations bill allocates $440 million to the Legal Services Corporation, to provide for legal assistance to low income individuals and families across the country. Action in the U.S. Senate is expected.
Legal Services Corporation Press Release

In the Capitol
Committee Meetings of Interest for the Week of 6/22
6/23 House Appropriations: Judiciary
Agenda: Decision Making for FY 2009-10 Judiciary Budget: SB 249 2009-2010 Budget for Judiciary.

6/23 Senate Judiciary
Agenda: Discussion on the Performance Audit of the Bureau of Correctional Industries, Department of Corrections; Discussion on the Performance Audit of the Prisoner Transportation, Department of Corrections; SR 17 A resolution to affirm Michigan's sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not enumerated and granted to the federal government.

6/24 House Judiciary
Agenda: HJR P Clarify circumstances requiring disqualification of supreme court justices. And any other business properly before this committee.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/16–6/18
Of Interest to the Legal Community
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).

HB 5123 Courts; judges; magistrates; require to be licensed attorneys. Amends sec. 8507 of 1961 PA 236 (MCL 600.8507).

Of General Interest
HJR X State agencies (existing); generally; implementation of rules within state departments; require JCAR approval. Amends sec. 37, art. IV of the state constitution.

HB 5090 Local government; intergovernmental affairs; intergovernmental transfers of employees and responsibilities; revise contents of contracts. Amends sec. 5 of 1967 (Ex Sess) PA 7 (MCL 124.505).

HB 5093 Education; discipline; policy prohibiting harassment and bullying at school; require. Amends 1976 PA 451 (MCL 380.1380.1852) by adding sec. 1310b.

HB 5096 Insurance; health care corporations; mental health parity; establish in certain circumstances. Amends 1980 PA 350 (MCL 550.1101550.1704) by adding sec. 416e.

HB 5097 Insurance; health; mental health parity; establish in certain circumstances. Amends 1956 PA 218 (MCL 500.100500.8302) by adding sec. 3406s.

HB 5101 Civil procedure; evidence; information obtained by union agent in course of representing union member; create privilege for. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2170.

HB 5112 Michigan business tax; credit; qualification for small business alternative credit; eliminate application of rules of attribution to shareholders. Amends sec. 417 of 2007 PA 36 (MCL 208.1417).

SB 0644 Criminal procedure; self-incrimination; requiring minor to submit to chemical test to determine whether minor has consumed alcoholic liquor; prohibit under certain circumstances unless court order is obtained. Amends sec. 703 of 1998 PA 58 (MCL 436.1703).

SB 0646 Insurance; life; life settlement contracts; regulate. Amends title of 1956 PA 218 (MCL 500.100500.8302); adds ch. 43 & repeals 1996 PA 386 (MCL 550.521550.528).

In the Hall of Justice
Proposed Rule Requiring Judges to Exercise 'Reasonable Control' over Parties', Witnesses' Appearance on Agenda for Michigan Supreme Court's Public Administrative Conference on June 17

At the Bar
Sections and Committees
The Family Law Section submitted Public Policy reports on the following items:
Support and Amend: HB 4794 Family law; child support; inclusion of personal identifying information in an order under the family support act; prohibit unless required by law. Amends sec. 2 of 1966 PA 138 (MCL 552.452).

Support and Amend: HB 4795 Family law; paternity; inclusion of personal identifying information in order of filiation; prohibit unless required by law. Amends sec. 2 of 1956 PA 205 (MCL 722.712).

Support and Amend: HB 4796 Family law; marriage and divorce; inclusion of personal identifying information in judgment; prohibit unless required by law. Amends 1846 RS 84 (MCL 552.1552.45) by adding sec. 40.

Support: SB 0568 Family law; child custody; court review of arbitrator's decision on custody; allow court to take additional evidence. Amends sec. 5080 of 1961 PA 236 (MCL 600.5080).

Support: SB 0569 Family law; child custody; child custody disputes that have been arbitrated; require courts to resolve in accordance with domestic relations arbitration provisions of the RJA. Amends sec. 4 of 1970 PA 91 (MCL 722.24).

Federal News
High Court Rules Narrowly in Voting Rights Case
(The Washington Post, 6/22/09)

State Turning to Last Resorts in Budget Crisis
(New York Times, 6/21/09)

Convicts Lack Right to Test Evidence
(Detroit News, 6/19/09)

State News
Legal Legacy of Vincent Chin Case Remembered
(Detroit Free Press, 6/19/09)

State Court: Judges Can Dictate Witnesses' Attire
(Detroit Free Press, 6/17/09)

Offering Peace of Mind—Judge: Mental Health Court is a Success
(The Times Herald, 6/17/09)

Michigan Supreme Court Bans Jurors' Electronic Devices
(Detroit News, 6/17/09)

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