Public Policy Update from the State Bar of Michigan
January 26–February 1, 2009
Volume 7 Issue 5

FYI: State of the State Address
Governor Jennifer M. Granholm will deliver the annual State of the State address on February 3 at 7:00 pm.
See related:
Granholm to Offer 'No Frills' Speech
(Detroit News, 1/30/09)

In the Capitol
Committee Meetings of Interest for the Week of 2/2
2/3 Senate Families and Human Services
Agenda: Presentation by the Department of Human Services: An update on the progress of the Children's Right Lawsuit Settlement.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/27–1/29
Of Interest to the Legal Community

SB 0019 Torts; product liability; limitation on liability for drugs that have been approved by federal food and drug administration; rescind. Amends sec. 2946 of 1961 PA 236 (MCL 600.2946).

SB 0021 Elections; judicial; incorrect nominating petition signature information provided to a candidate for the office of judge of the circuit court; provide equitable relief under certain circumstances. Amends sec. 413 of 1954 PA 116 (MCL 168.413).

SB 0022 Elections; judicial; incorrect nominating petition signature information provided to a candidate for the office of judge of the district court; provide equitable relief under certain circumstances. Amends sec. 467b of 1954 PA 116 (MCL 168.467b).

SB 0023 Elections; judicial; incorrect nominating petition signature information provided to a candidate for the office of judge of probate; provide equitable relief under certain circumstances. Amends sec. 433 of 1954 PA 116 (MCL 168.433).

SB 0024 Elections; judicial; incorrect nominating petition signature information provided to a candidate for the office of judge of the municipal court of record; provide equitable relief under certain circumstances. Amends sec. 426d of 1954 PA 116 (MCL 168.426d).

SB 0035 Civil procedure; statute of limitations; statute of limitations and statute of repose for actions against architects, engineers, and construction contractors; revise. Amends secs. 5805 & 5839 of 1961 PA 236 (MCL 600.5805 & 600.5839).

SB 0039 Torts; governmental immunity; liability of a peace officer for injuries caused while rendering assistance outside jurisdiction; provide immunity. Amends sec. 7 of 1964 PA 170 (MCL 691.1407).

SB 0053 Campaign finance; public funding; public financing for certain supreme court candidates; provide for. Amends secs. 3, 5, 7, 10 & 11 of 1976 PA 388 (MCL 169.203 et seq.) & adds secs. 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 103, 105, 107, 108 & 109.

SB 0057 Corrections; parole; parolable life sentence prisoners; revise parole hearing schedule. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

SB 0058 Corrections; parole; parole procedure for parolable life sentence prisoners; clarify. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

SB 0067 Family law; child support; notice that payee of child support may be entitled to payment from lawsuit settlement or judgment or similar source; require. Amends 1982 PA 295 (MCL 552.601552.650) by adding sec. 25j.

SB 0068 Family law; child support; payment of child support arrearages from casino winnings; require. Amends sec. 3 of 1996 IL 1 (MCL 432.203) & adds sec. 9e.

SB 0080 Crimes; fleeing and eluding; penalties for crime of fleeing and eluding a law enforcement officer; provide mandatory minimum sentence. Amends sec. 479a of 1931 PA 328 (MCL 750.479a).

SB 0081 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of fleeing and eluding a peace officer; revise to reflect increased penalties. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x). TIE BAR WITH: SB 0080'09

SB 0083 Insurance; no-fault; serious impairment of body function; define, and provide for general amendments. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).

SB 0099 Family law; friend of the court; friend of the court act; make miscellaneous revisions. Amends secs. 2, 2a, 5, 5a, 9a, 11a, 13, 15, 17, 17b, 19, 27 & 28 of 1982 PA 294 (MCL 552.502 et seq.).

SB 0100 Family law; child support; support and parenting time enforcement act; make miscellaneous changes. Amends secs. 2, 3, 3a, 5b, 5c, 5d, 5e, 7, 8, 9, 11a, 19, 24, 25a, 26b, 28, 29, 30, 31, 33, 35, 39, 44, 45, 46 & 48 of 1982 PA 295 (MCL 552.602 et seq.).

SB 0101 Family law; friend of the court; reference to domestic relations mediation in child custody act; revise to reflect amendment to friend of the court act. Amends sec. 7b of 1970 PA 91 (MCL 722.27b).

SB 0102 Traffic control; driver license; procedures for suspension and reinstatement of driver license due to child support arrearage; revise. Amends sec. 321c of 1949 PA 300 (MCL 257.321c).

SB 0103 Civil procedure; costs and fees; consolidated fees from divorce, paternity, and family support acts; provide for. Amends secs. 2137, 2529 & 2538 of 1961 PA 236 (MCL 600.2137 et seq.).

SB 0104 Family law; child support; certain duties of the office of child support; establish, and eliminate child support bench warrant enforcement fund. Amends secs. 3 & 3a of 1971 PA 174 (MCL 400.233 & 400.233a) & repeals sec. 6a of 1971 PA 174 (MCL 400.236a).

SB 0105 Family law; marriage and divorce; collection and distribution of child support provision; revise. Amends secs. 23 & 24 of 1846 RS 84 (MCL 552.23 & 552.24).

SB 0106 Family law; paternity; procedures for collection of medical expenses related to birth of a child born out of wedlock paid by medicaid; revise, and revise collection and distribution of child support provisions. Amends secs. 2, 7 & 19a of 1956 PA 205 (MCL 722.712 et seq.) & repeals sec. 19 of 1956 PA 205 (MCL 722.729).

SB 0107 Family law; child support; procedures for collection of medical expenses related to birth of a child whose parents are separated paid by medicaid; revise, and revise collection and distribution of support provisions. Amends secs. 1, 2 & 8a of 1966 PA 138 (MCL 552.451 et seq.) & repeals sec. 7 of 1966 PA 138 (MCL 552.457).

SB 0109 Worker's compensation; disabilities; occupational cancer; provide presumption for certain firefighters regarding. Amends sec. 405 of 1969 PA 317 (MCL 418.405).

SB 0127 Traffic control; other; responsibility and payment method for driver responsibility fees; revise. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

SB 0145 Criminal procedure; sentencing; restitution to include recovery for replacement value if fair market value is impractical or impossible to ascertain; allow. Amends sec. 1a, ch. IX of 1927 PA 175 (MCL 769.1a).

SB 0146 Crime victims; restitution; recovery for replacement value if fair market value is impossible or impractical to ascertain; allow. Amends secs. 2, 16, 31, 44, 61 & 76 of 1985 PA 87 (MCL 780.752 et seq.).

Of General Interest
HB 4120 Michigan business tax; other; surcharge tax; repeal. Repeals sec. 281 of 2007 PA 36 (MCL 208.1281).

HB 4125 Children; protection; notification to children's ombudsman regarding death of a child who is a ward of the state; require. Amends 1975 PA 238 (MCL 722.621722.638) by adding sec. 7k.

HB 4126 Michigan business tax; surcharge; repeal of surcharge for taxpayers and revision of certain credits as a result of surcharge; provide for. Amends title & secs. 201, 403, 405, 451 & 601 of 2007 PA 36 (MCL 208.1201 et seq.) & repeals sec. 281 of 2007 PA 36 (MCL 208.1281).

SB 0026 Health; occupations; ability to form a limited liability company or professional corporation for physicians or physician's assistants; clarify. Amends sec. 17048 of 1978 PA 368 (MCL 333.17048).

SB 0027 Businesses; professional corporations; formation of professional corporations by physicians and physician's assistant groups; allow. Amends secs. 2 & 4 of 1962 PA 192 (MCL 450.222 & 450.224).

SB 0028 Businesses; limited liability companies; formation of limited liability companies by physicians and physician's assistant groups; allow. Amends secs. 902 & 904 of 1993 PA 23 (MCL 450.4902 & 450.4904).

SB 0029 Civil procedure; foreclosure; 2-year moratorium on mortgage foreclosures; provide for. Amends secs. 3115, 3201 & 3236 of 1961 PA 236 (MCL 600.3115 et seq.) & adds secs. 3116 & 3237.

SB 0030 Property tax; delinquent taxes; stay of foreclosure for unpaid property taxes; allow if stay of mortgage foreclosure is ordered. Amends secs. 78k & 78m of 1893 PA 206 (MCL 211.78k & 211.78m).

SB 0031 Housing; housing development authority; mortgage foreclosure extension guarantee program; allow housing development authority to offer. Amends 1966 PA 346 (MCL 125.1401125.1499c) by adding sec. 44h.

SB 0032 Civil procedure; evictions; eviction after foreclosure; require 90-day notice of eviction to tenants. Amends secs. 3208 & 5714 of 1961 PA 236 (MCL 600.3208 & 600.5714) & adds sec. 3108.

SB 0033 Civil procedure; foreclosure; lease of foreclosed property; provide that lease continues after property is foreclosed, and provide notice of foreclosure to tenants. Amends secs. 3130, 3208 & 3236 of 1961 PA 236 (MCL 600.3130 et seq.) & adds sec. 3108.

SB 0069 Michigan business tax; credit; purchases from other firms, small business credit, and entrepreneurial credit; revise. Amends secs. 417 & 441 of 2007 PA 36 (MCL 208.1417 & 208.1441).

SB 0123 Michigan business tax; other; definition of purchases from other firms; revise to include certain services. Amends sec. 113 of 2007 PA 36 (MCL 208.1113).

SJR F Public employees and officers; constitutional amendment creating the independent redistricting commission; provide for. Amends secs. 2, 3 & 6, art. IV of the state constitution.

In the Hall of Justice
Appointments
2009-01—Appointment of Chief Judge of the 45A Judicial District Court (Oakland County, City of Berkley)

2009-01—Appointment of Chief Judge of the 8th Judicial Circuit Court

2009-01—Appointment of Chief Judge of the 14B Judicial District Court (Washtenaw County, Ypsilanti Township)

2009-01—Appointment of Chief Judge of the 38th Judicial District Court (Macomb County, City of Eastpointe)

Federal News
Justice Dept. Under Obama is Preparing for Doctrinal Shift in Policies of Bush Years
(New York Times, 2/1/09)

State News
Fed Cash Reviving Options for Granholm
(Lansing State Journal, 2/2/09)

DNA Testing Law Tough on State
(Detroit News, 2/2/09)

Granholm: Vital U.S. Stimulus Program Needs to Come Quickly
(Detroit News, 2/1/09)

Senate Votes to Repeal Michigan Business Tax Surcharge
(Detroit News, 1/30/09)

Database Tallies Votes of Michigan Lawmakers
(Lansing State Journal, 1/29/09)

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