Public Policy Update from the State Bar of Michigan
November 2–8, 2010
Volume 8 Issue 45

2010 General Election
Visit the Secretary of State for the 2010 Results.

In the Capitol
The Senate is in session November 9 and 10 at 10:00 a.m. The House is in session November 9 and 10 at 12:00 p.m. Both chambers will then be in recess until November 30.
House Schedule
Senate Schedule

Committee Meetings of Interest for the Week of 11/18
11/9 House Appropriations: Corrections
Agenda: Legislative Transfers for Department of Corrections; MDOC Budget Issues; SB 1484 Provide for authority for correctional industries to engage in certain private manufacturing or service enterprises; SB 1485 Revise provisions relating to purchase of correctional industries products.

11/9 Senate Judiciary
Agenda: SB 212 Amend firearms act to allow police agency to retain certain confiscated weapons for use by that police agency under certain circumstances; SB 858 Limit liability for medical malpractice in emergency treatment rendered in a hospital; SB 1556 For use of individual's name or likeness, require written consent for certain time period after death of individual; SB 1560 Provide for federal compliance with sex offenders registry; SB 1561 Provide penalties for noncompliance in requirements for final disposition of fetal remains; SB 1562 Establish sentencing guidelines for violation of requirements for final disposition of fetal remains; SB 1563 Define final disposition of fetal remains, and clarify authorization requirements.

11/10 House Judiciary
Agenda: HB 5797 Provide for implementation of section 29 of article IX of the state constitution, and repeal 1979 PA 101; HB 5799 Nullify delegation of legislative authority that violates constitutional prohibition against unfunded mandates under certain circumstances; HB 5800 Recommend revisions to court rules addressing actions under sections 25 to 32 of article IX of the state constitution; HB 5801 Require the house and senate fiscal agencies to issue certain reports regarding section 29 of article IX of the state constitution; HJR EEE Revise term limits to combination of 14 years' total legislative service and require certain budget bills to be presented and signed by a certain date.
SBM Position on HB 5800: Oppose

Complete Committee Meeting List

New Public Acts

Legislation Introduced 11/3–11/4
Of Interest to the Legal Community

SB 1551 Criminal procedure; probation; retention and release of nonpublic records of an arrest, diversion, discharge, or dismissal of certain controlled substance cases; clarify. Amends sec. 1070 of 1961 PA 236 (MCL 600.1070).

SB 1552 Criminal procedure; probation; retention of nonpublic records during period of diversion for a controlled substance violation; clarify. Amends sec. 350a of 1931 PA 328 (MCL 750.350a).

SB 1553 Criminal procedure; probation; retention of nonpublic records during period of diversion for a controlled substance violation; clarify. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).

SB 1554 Criminal procedure; probation; retention of nonpublic records during period of diversion for a controlled substance violation; clarify. Amends sec. 4a, ch. IX of 1927 PA 175 (MCL 769.4a).

SB 1576 Children; other; provisions related to termination of court's jurisdiction upon appointment of guardian; modify.

Of General Interest
SB 1539 Corrections; prisoners; treatment of prisoners with mental illness; revise. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 64a.

In the Hall of Justice
Foster Care Review Board Announces 2010 Awards

Sex Offender Could Not Register Residence With Law Enforcement While Homeless, He Contends; Michigan Supreme Court to Hear Arguments in the Case

Proposed Amendments
2006-38 Proposed Amendments of Subchapter 9.100 et seq. and Rules 8.110 and 8.120 of the Michigan Court Rules
Please click on the above link to read the proposed changes and a summary.
Issued: November 1, 2010
Comment period expires: March 1, 2011
Public hearing: To be scheduled

At the Bar
Copyright basics program on "The Harry Potter Lexicon: Pushing the Limits of Fair Use" on Nov. 13 in Ann Arbor

SBM 2010 Annual Meeting Photo Gallery

State News
Gov.-elect Rick Snyder recruits Dillon, Posthumus
(Lansing State Journal, 11/8/10)

New Leader for State Senate
(Detroit News, 11/6/10)
See also:
Whitmer Named Senate Minority Leader
(Lansing State Journal, 11/5/10)

Snyder Unveils Transition Web-site
(Detroit Free Press, 11/4/10)

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