Public Policy Update from the State Bar of Michigan
November 24-30, 2008
Volume 6 Issue 48

In the Capitol
The Michigan House of Representatives and Senate are both scheduled to hold session this week.
View 2008 House Session Schedule

View 2008 Senate Session Schedule

Committee Meetings of Interest for the Week of 12/1
12/2 House Judiciary
Agenda: HB 6334 Revise issuance of certain search warrants; HB 6539 Revise personal property trust perpetuities act to include real property; HB 6540 Revise reference to personal property trust perpetuities act in uniform statutory rule against perpetuities to reflect change in short title, and extend effect of that act to real property; SB 1616 Increase minimum state costs assessed in certain criminal cases involving juveniles and provide for distribution of proceeds to assist victims of criminal sexual conduct; SB 1617 Create child advocacy fund; SB 1618 Provide for distribution of certain justice system funds to pay for certain costs associated with criminal sexual conduct.

12/2 House Regulatory Reform
Agenda item of interest: SB 1313 Create commercial real estate broker's lien.
Real Property Law Section Position: Oppose SB 1313

12/2 Senate Judiciary
Agenda: Any business to come properly before the committee.

12/3 House Judiciary
Agenda: HB 4741 Include prohibition against harming animals owned by petitioner in personal protection order; HB 4742 Increase penalties for killing or torturing animal in perpetration of domestic violence; HB 4743 Enact sentencing guidelines for crime of killing or torturing an animal in perpetrating an act of domestic violence; SB 1388 Provide for good faith provision in obtaining and retaining DNA samples in violation of act; SB 1389 Create good faith exception for arrests and warrants based on DNA evidence that was obtained in violation of DNA identification profiling system act; SB 1549 Prohibit misuse or removal of DNA identification profiling records and provide penalties; HB 6645 Require individual to provide an adequate sample for DNA identification profiling samples; HB 6646 Authorize use of DNA profiles; HB 6641 Repeal ban on the hiring by the department of corrections of persons convicted of a felony; HB 6666 Revise definition of public service to include penal facilities.
Animal Law Section Positions: Support and Amend HB 4741; Support and Amend HB 4742
Family Law Section Position: Support HB 4741

12/3 House Families and Children's Services
Agenda items of interest: SB 1423 Make miscellaneous revisions to the friend of the court act; SB 1424 Modify enforcement of parenting time duties by friend of the court; SB 1425 Revise reference to domestic relations mediation in child custody act to reflect amendment to friend of the court act; SB 1427 Provide for consolidated fees from divorce, paternity, and family support acts; SB 1428 Allow contract of certain services through state court administrative office, and eliminate child support bench warrant enforcement fund; SB 1429 Revise collection and distribution of child support provision; SB 1430 Revise collection and distribution of child support provision, and allow friend of the court to prosecute certain paternity actions; SB 1431 Revise collection and distribution of child support provision, and allow friend of the court to prosecute certain family support actions.

Complete Committee Meeting List

Legislation Introduced 11/25
Of General Interest
HB 6756 Legislature; other; commission on statutory mandates; modify.

In the Hall of Justice
Michigan Adoption Day Held Nov. 25; Country's Largest Celebration of Adoptive Families Now in Sixth Year

Administrative Orders
Administrative Order No. 2004-7—File No. 2004-04
Adoption of an Amendment of Administrative Order No. 2004-7 to Include the Concurrent Jurisdiction Plan for the Third Judicial Circuit Court and the 34th District Court
Issued: November 25, 2008
Effective: November 25, 2008

Proposed Amendments
2005-05 and 2006-20—Proposed Amendment of Rules 2.403, 2.404, 2.410, 2.411 and 3.216 of the Michigan Court Rules
Issued: November 25, 2008
Comment period expires: March 1, 2009
Public hearing: To be scheduled
The proposed amendments of Rules 2.403, 2.404, 2.410, and 2.411 would revise and update the court rules relating to mediation and case evaluation as recommended by the Dispute Resolution Rules Committee convened by the State Court Administrative Office. The committee's report can be viewed online. The proposal also contains proposed changes of MCR 3.216 recommended by staff to reflect the changes suggested by the committee of the other rules in the proposal.
Please note that the proposed order contains alternative options for MCR 2.403(M)(1). Alternative A, recommended by the committee, would allow subsequent claims to be raised following disposition pursuant to case evaluation, if the claim had not arisen at the time of case evaluation, including in cases that involve personal protection benefits under MCL 500.3101 et seq. Alternative B would allow subsequent claims to be brought only in PIP cases; in all other cases, the acceptance of a case evaluation award would be deemed to dispose of all claims in a case, including any that might arise after case evaluation.

2008-40—Proposed Amendments of Juvenile Court Standards and Administrative Guidelines for the Care of Children Administrative Order No. 1985-5
Issued: November 25, 2008
Comment period expires: March 1, 2009
Public hearing: To be scheduled
This proposal would expand the eligible education categories prospective employees (including administrators, supervisory personnel, county juvenile officers, probation officers, caseworkers, and personnel of court-operated child care facilities) must meet to be considered for employment. In addition, the proposal would allow the state court administrator to waive the employment standards if the court provides a reasonable period within which the candidate must meet the education standards, and establishes minimum accreditation requirements.

At the Bar
Bar Associations Host Skate Party to Help Kids of Incarcerated Parents

State News
GOP Lawmaker: Cuts Top Agenda for Lame Ducks
(Lansing State Journal, 11/25/08)

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