Public Policy Update from the State Bar of Michigan
February 16–22, 2009
Volume 7 Issue 8

FOCUS: Michigan Campaign for Justice
On February 18, 2009 the Campaign for Justice launched a campaign to win reforms to Michigan's system of public defense services. The coalition highlighted three crucial reforms: (1) improvement of cost effectiveness and increase of government efficiency; (2) protection of public safety; and (3) security of Michigan residents' constitutional right to effective defense representation.

The State Bar of Michigan works in close partnership with the Campaign.

For more information, visit www.michigancampaignforjustice.org

In the Capitol
The Michigan Senate will not be in session this week. The Senate will return to formal session on Tuesday, March 3 at 10:00 a.m.

Committee Meetings of Interest for the Week of 2/23
2/25 House Judiciary, Joint Meeting with House Appropriations: Corrections
Agenda: HB 4073 Provide for public employee retirement health care trust; HB 4075 Provide for bonding authority for prefunded retiree health care. Presentation from the Justice Center of the Council of State Governments will commence at 11:00 a.m.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 2/17–2/19
Of Interest to the Legal Community
HB 4292 Appropriations; zero budget; department of corrections; provide for fiscal year 2009-2010. Creates appropriation act.

HB 4299 Appropriations; zero budget; judiciary; provide for fiscal year 2009-2010. Creates appropriation act.

HB 4314 Juveniles; criminal procedure; appointment of attorney to represent a juvenile in certain proceedings; require. Amends sec. 17c, ch. XIIA of 1939 PA 288 (MCL 712A.17c).

HB 4325 Identity theft; penalties; forfeiture of assets in crimes involving identity theft; provide for. Amends 2004 PA 452 (MCL 445.61445.77) by adding secs. 14, 14a, 14b, 14c & 14d.

HB 4329 Insurance; no-fault; mini-tort recovery; increase cap. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).

HB 4331 Probate; powers of attorney; power of attorney for individuals 60 years of age or vulnerable adults; require to register with probate court. Amends title & sec. 1108 of 1998 PA 386 (MCL 700.1108) & adds secs. 5109 & 5110.

HB 4332 Civil procedure; costs and fees; costs and fees in the court of appeals and of court transcripts; increase. Amends secs. 321 & 2543 of 1961 PA 236 (MCL 600.321 & 600.2543).

HB 4357 Liens; other; special tools liens; allow special tool builder to recover attorney fees, costs, and interest.

HB 4372 Mental health; community mental health; jail diversion program for certain individuals with mental illness or disability; revise.

SB 0240 Appropriations; zero budget; department of corrections; provide for fiscal year 2009-2010. Creates appropriation act.

SB 0248 Appropriations; zero budget; department of human services; provide for fiscal year 2009-2010. Creates appropriation act.

SB 0249 Appropriations; zero budget; judiciary; provide for fiscal year 2009-2010. Creates appropriation act.

SB 0271 State; identification cards; forms of identification necessary to apply for driver license; include corrections identification card and allow access to certain department of corrections data. Amends sec. 307 of 1949 PA 300 (MCL 257.307).

SB 0272 Corrections; prisoners; issuance of identification and other cards upon release; require, and require prisoners to obtain certain records and provide certain information. Amends secs. 35, 37 & 67 of 1953 PA 232 (MCL 791.235 et seq.) & adds secs. 34b & 37a.

SB 0273 State; identification cards; forms of identification necessary to apply for state identification card; include corrections identification card and allow access to certain department of corrections data. Amends sec. 1 of 1972 PA 222 (MCL 28.291).

Of General Interest
HJR J Property tax; assessments; calculation of taxable value; revise. Amends sec. 3, art. IX of the state constitution.

HB 4273 Liens; mortgages; public sale of property being foreclosed by advertisement; allow to be held in sheriff's office. Amends sec. 3216 of 1961 PA 236 (MCL 600.3216).

HB 4316 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).

HB 4317 Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years after repeal of the defense. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805).

HB 4318 Consumer protection; unfair trade practices; liability for inaccurate representations concerning risks of certain drugs, medications, and supplements; clarify. Amends secs. 2 & 3 of 1976 PA 331 (MCL 445.902 & 445.903).

At the Bar
Judicial Vacancy—44th Circuit Court
Hon. Stanley J. Latreille is vacating his seat on the 44th Circuit Court. State Bar members interested in applying for the judgeship should submit an application by March 17, 2009.
View Information

LJAP Fundraising Dinner Slated for April 16

SBM e-Journal Now Available for Mobile Devices

Election Processing Services Request for Proposal

Sections and Committees
The Probate & Estate Planning Section offered Public Policy reports on the following items:
Support: Federal House Resolution 436: Certain Estate Tax Relief Act of 2009: To amend the Internal Revenue Code of 1986 to repeal the new carryover basis rules in order to prevent tax increases and the imposition of compliance burdens on many more estates than would benefit from repeal, to retain the estate tax with a $3,500,000 exemption, and for other purposes

Support: Michigan Trust Code

Federal News
Study Calls for Oversight of Forensics in Crime Labs
(New York Times, 2/18/09)

State News
Michigan Budget Directors Says State Cuts Must Proceed
(Detroit News, 2/20/09)

Granholm Says Senate Seat Will Remain Vacant Until November
(Detroit Free Press, 2/20/09)

Lawmakers Craft Bill on Foreclosure Reform
(Detroit News, 2/18/09)

State House Bill Would Set Talks to Avert Foreclosures
(Detroit Free Press, 2/18/09)

Website to Show State's Stimulus Payout
(Lansing State Journal, 2/17/09)

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