Public Policy Update from the State Bar of Michigan
January 21-27, 2008
Volume 6 Issue 4

FYI: State of the State Address
Governor Granholm will deliver the State of the State address on January 29 at 7:00 pm.
See related:

Granholm to Focus on State's Struggling Economy in Address
(Lansing State Journal, 1/28/08)
Governor Wants Smaller Schools
(Detroit News, 1/28/08)
Governor's Address could Help Shape her Legacy
(Free Press, 1/27/08)
Governor's Address to Focus on State's Foreclosure Woes
(Detroit News, 1/26/08)

In the Capitol
Committee meetings of interest for the week of 1/28
1/29 Senate Judiciary
Agenda: SB 865 Revise statute of limitations and statute of repose for actions against architects, engineers, and construction contractors; SB 954 Increase penalties to 5 years for destruction or mutilation of war memorial or war monument; SB 955 Establish sentencing guidelines for crime of damaging or destroying a war memorial monument.

1/30 House Judiciary
Agenda: HB 5041 Modify definition of criminal sexual conduct in the second degree; HB 4872 Prohibit leaving children unattended in a vehicle under certain circumstances and provide penalties; HB 4873 Enact sentencing guidelines for crime of leaving child unattended in a vehicle.

1/30 House Appropriations
Agenda: Supplemental Budget; All matters properly before the Committee

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/22 – 1/24
Of Interest to the Legal Community

HB 5650 Family law; parental rights; process for judicial waiver of parental consent requirement; clarify. Amends secs. 3 & 4 of 1990 PA 211 (MCL 722.903 & 722.904).

HB 5669 Criminal procedure; arrests; complainant's signature requirement to file a criminal complaint in cases alleging vulnerable adult abuse; prohibit magistrate from refusing to accept complaint because signed upon information and belief by individual other than the victim. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a).

HB 1059 Family law; parental rights; process for judicial waiver of parental consent requirement; clarify. Amends secs. 3 & 4 of 1990 PA 211 (MCL 722.903 & 722.904).

In the Hall of Justice
2006-10 - Proposed Amendment of Rule 2.603 of the Michigan Court Rules
This proposal would require that only negotiable instruments filed with the clerk for cancellation when applying for a default judgment.
Issued: January 23, 2008
Comment period expires: May 1, 2008
Public hearing: To be scheduled

2006-11 - Proposed Amendment of Rules 2.614, 7.101, 7.209, and 7.302 of the Michigan Court Rules
This proposal would impose an automatic stay in a case in which a party files a claim of appeal of a denial by the trial court of the party’s claim of governmental immunity. Under this proposal, no order would be necessary for the stay to operate.
Issued: January 23, 2008
Comment period expires: May 1, 2008
Public hearing: To be scheduled.

At the Bar
Correction: In the last week’s Public Policy Update, it was reported that the State Bar supported HB 5213 and HB 5419 and also supported an amendment to ensure the length of time required to expunge a felony is not increased. This position applies only to HB 5213. The State Bar does not have a position at this time on HB 5419.

In Memoriam: Kimberly M. Cahill, Immediate Past President of the State Bar of Michigan

Sections and Committees
The Elder Law & Disability Rights Section submitted the following public policy reports:
Oppose: HB 5282 Insurance; health; individual health benefit plans; regulate. Amends secs. 2213b, 3406f, 3503, 3519, 3521, 3525 & 3539 of 1956 PA 218 (MCL 500.2213b et seq.) & adds ch. 37A.

Oppose: HB 5283 Insurance; health care corporations; nongroup coverage; require to comply with insurance code and provide for general amendments. Amends secs. 308, 401e, 402b, 608 & 610 of 1980 PA 350 (MCL 550.1308 et seq.); adds sec. 220 & repeals sec. 614 of 1980 PA 350 (MCL 550.1614).

Oppose: HB 5284 Insurance; health care corporations; health care corporations owning certain subsidiaries; permit. Amends secs. 202, 206 & 207 of 1980 PA 350 (MCL 550.1202 et seq.).

Oppose: HB 5285 Insurance; health; health care corporations owning subsidiaries; permit. Amends sec. 5104 of 1956 PA 218 (MCL 500.5104).

The Real Property Law Section submitted the following public policy reports:
Oppose: HB 4236 Property; other; affidavits to correct errors or omissions relating to previously recorded documents; allow. Amends 1915 PA 123 (MCL 565.451a - 565.453) by adding sec. 1d.

Oppose: SB 0554 Property; other; recordable instrument conveying an interest in real property; require to specify type of road on which property is located. Amends sec. 1 of 1937 PA 103 (MCL 565.201).

Federal News
Michigan Manufacturer to be Highlighted in Bush's Presidential Address
(Detroit News, 1/28/08)

State News
Coalition Tackles Mental Health of Prisoners
(Lansing State Journal, 1/25/08)

Panel to Study Kids’ Prison Terms
(The Detroit News, 1/23/08)

Alger Judge Creates New Drug Court
(The Mining Journal, 1/22/08)

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