Public Policy Update from the State Bar of Michigan
January 28 - February 3, 2008
Volume 6 Issue 5

In the Capitol
The Michigan House of Representatives announced a revised session schedule for this week. The House will not meet on February 5 and will convene on February 6 at 2:30 pm.

Committee meetings of interest for the week of 2/4
2/5 Senate Judiciary
Agenda: HB 4650 Create uniform foreign-country money judgments recognition act; SB 0158 Include committing act likely to cause physical harm to a child in definition of child abuse; SB 0760 Revise sentencing guidelines for child abuse in the third degree; SB 1049 Enact sentencing guidelines for crime of performing a partial-birth abortion.
SBM Position: Support HB 4650
Civil Procedure and Courts Committee Position: Support HB 4650

2/6 House Judiciary: Corrections and Sex Offender Registration
Agenda: Testimony only of individual experiences with the Michigan Sex Offender Registry Act
.

2/7 House Appropriations, Joint Meeting with Senate Appropriations
Agenda: 2009 Budget Presentation.

2/7 House Judiciary
Agenda: SB 0565 Include larceny in the crime of breaking and entering; HB 4525 Include the corrections identification card in forms of identification necessary to apply for a state identification card and allow access to certain department of corrections data; HB 4526 Provide for the issuance of debit card to access the prisoner’s institutional account upon release; HB 4527 Require certain prisoner reentry programs, including issuance of identification card and copies of other identifying documents, and require prisoners to obtain certain records; HB 4528 Include the corrections identification card in forms of identification necessary to apply for driver license; HB 5568 Assist convicted persons in obtaining certain records necessary to obtain identification documents.
SBM Position: Support HB 4525
Committee on Justice Initiatives: Support HB 4525

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/29 – 1/31
Of Interest to the Legal Community

HB 5675 Insurance; insurers; application for admissions; require additional financial statements of controlling individuals to be confidential. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 404a.

SB 1066 Traffic control; civil infraction procedures; attendance at basic driver improvement course; allow in lieu of being found responsible for traffic violation under certain circumstances. Amends secs. 320a & 743 of 1949 PA 300 (MCL 257.320a & 257.743) & adds sec. 320d.

In the Hall of Justice
"CSI: Courts, Speed, and Implications" to air on Michigan Government TV on Feb. 1; Program Offers Look at Michigan Courts System, is Designed to Address Curriculum Standards

Proposed Amendments
2006-32 - Proposed Amendment of Rule 2.504 of the Michigan Court Rules
This proposed amendment would allow a court, on motion of any party or sua sponte, to enter a default or dismiss a party’s action or claim for failure to comply with the rules or a court order. The current rule allows such actions by the court only if the plaintiff makes such a motion. The proposed amendment would also allow the court to dismiss on its own initiative an action in which the plaintiff, on the law and the facts presented, is not entitled to relief, and would make the rule applicable to claims and hearings in addition to actions. The rule currently allows only the defendant to make such a motion.
Issued: January 29, 2008
Comment period expires: May 1, 2008  
Public hearing: To be scheduled

State News
Former Senate Majority Leader William Fitzgerald Dies
(Free Press, 2/3/08)

$300 Million in State Pension Money to Fuel Businesses
(Lansing State Journal, 1/31/08)

Text of Governor Granholm's State of the State Address
(Lansing State Journal, 1/30/08)

Text of President Bush's State of the Union Address
(Washington Post, 1/29/08)

At the Bar
Sections and Committees
The Civil Procedure & Courts Committee and the Committee on Justice Initiatives submitted public policy reports for the following group of bills:
View Civil Procedure & Courts Committee Position
View Committee on Justice Initiatives Position

HB 4755 Courts; juries; names and addresses of taxpayers; allow to be given to jury boards for purposes of selecting juror pools. Amends sec. 28 of 1941 PA 122 (MCL 205.28).

HB 4859 Courts; juries; jury pool selection process; revise. Amends secs. 1304, 1312 & 1321 of 1961 PA 236 (MCL 600.1304 et seq.) & adds secs. 1301c, 1310a & 1310b.

HB 4931 Courts; juries; lists of persons available for creating juror pools; expand. Amends sec. 1304 of 1961 PA 236 (MCL 600.1304) & adds secs. 1310a, 1310b, 1310c & 1310d.

HB 4932 Courts; juries; names and addresses of persons receiving unemployment benefits; allow to be disclosed to jury boards for selecting jury pools. Amends 1936 (Ex Sess) PA 1 (MCL 421.1 - 421.75) by adding sec. 54d.

HB 4933 Courts; juries; names of persons receiving public assistance; allow to be disclosed to jury boards for selecting jury pools. Amends sec. 64 of 1939 PA 280 (MCL 400.64).

HB 4934 Courts; juries; names and addresses of taxpayers; allow to be disclosed to jury boards for selecting jury pools. Amends sec. 28 of 1941 PA 122 (MCL 205.28).

The Civil Procedure & Courts Committee submitted the following public policy position reports:
Oppose with Recommended Amendments: HB 4953 Environmental protection; other; reimbursement of costs and attorney fees for actions under NREPA; provide for. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 1111.

Oppose with Recommended Amendments: HB 5037 Environmental protection; other; legal actions by department of environmental quality; require department to pay defendant's legal fees if unsuccessful. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 1106.

Support: HB 5060 Civil procedure; evidence; provisions in the RJA regarding affidavit of person residing in another state or country; eliminate. Repeals sec. 2102 of 1961 PA 236 (MCL 600.2102).

The Committee on Justice Initiatives submitted the following public policy positions:
Support: HB 4753 Civil procedure; remedies; correction of inaccurate item in consumer credit reports; establish procedures for civil action in state court. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 8309.

Support: HB 5213 Criminal procedure; expunction; record expungement for certain offenders; provide for. Amends sec. 1 of 1965 PA 213 (MCL 780.621) & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

Support with Recommended Amendments: SB 0645 Family law; child support; use of substitute service for complaint under family support act; allow. Amends sec. 1 of 1966 PA 138 (MCL 552.451).

The Criminal Jurisprudence & Practice Committee submitted the following public policy position reports:
Support in Principle: HB 4931 Courts; juries; lists of persons available for creating juror pools; expand. Amends sec. 1304 of 1961 PA 236 (MCL 600.1304) & adds secs. 1310a, 1310b, 1310c & 1310d.

Oppose the bill, but support the concept: HB 4951 Crimes; homicide; delayed right to appeal for persons convicted of felony murder before November 25, 1980; provide if malice not proved. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 13 to ch. X.

Active Support: HB 5213 Criminal procedure; expunction; record expungement for certain offenders; provide for. Amends sec. 1 of 1965 PA 213 (MCL 780.621) & repeals sec. 4 of 1965 PA 213 (MCL 780.624).

The Domestic Violence Committee submitted the following public policy position:
Oppose: HB 5324 Family law; personal protection orders; personal protection order to be made mutual; require. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a).

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