Public Policy Update from the State Bar of Michigan
March 7–13, 2011
Volume 9 Issue 11

In the Capitol
Committee Meetings of Interest for the Week of 3/14
3/15 House Appropriations: Judiciary
Agenda: Presentation by Dawn Van Hoek, Acting Director, State Appellate Defender Office; Presentation by Thomas Harp, Administrator, Michigan Appellate Assigned Counsel System; Public Testimony.

3/15 House Military and Veterans Affairs and Homeland Security
Agenda: Presentation: Overview of veterans treatment courts.

3/15 Senate Judiciary
Agenda: SB 92 Require written acknowledgment of responsibilities by agent appointed under a power of attorney; SB 192 Allow deduction of estate administration fee for amount of mortgage on real property; SB 259 Prohibit and establish penalties for possession of certain MDPV; And any other business to come properly before the committee.

3/15 House Appropriations: Corrections, Joint Meeting with Senate Appropriations: Corrections
Agenda: Health Care costs for Michigan Department of Corrections; Michigan Auditor General Performance Audit on Pharmaceutical Costs.

3/16 Senate Appropriations
Agenda: Presentation by Director Michael Moody (Office of Financial Management)–Overview of Michigan's Comprehensive Annual Financial Report; and any other business to come properly before the committee.

3/17 House Judiciary
Agenda: SB 188 Provide for federal compliance with sex offenders registry; SB 189 Provide for federal compliance with sex offenders registry; SB 206 Revise sentencing guidelines for crime of failing to register as a sex offender.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 3/8–3/10
Of Interest to the Legal Community
HB 4392 Crimes; other; court to defer prosecution of person less than 18 years convicted of cyberbullying; allow under certain circumstances. Amends 1927 PA 175 (MCL 760.1777.69) by adding sec. 4b to ch. IX.

HB 4403 Courts; juries; individuals who fail to return jury questionnaires; ensure continued eligibility for jury service. Amends sec. 1313 of 1961 PA 236 (MCL 600.1313).

SB 0244 Criminal procedure; expunction; expand record expunction for certain offenders; provide for under certain circumstances.

SB 0246 Juveniles; criminal procedure; juvenile competency standards; revise. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds secs. 18n, 18o, 18p, 18q, 18r & 18s to ch. XIIA.

SB 0247 Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends secs. 498d, 498e & 498h of 1974 PA 258 (MCL 330.1498d et seq.) & adds secs. 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072 & 1074.

Of General Interest
SB 0252 Occupations; notaries public; penalties for notary public violations; increase. Amends secs. 41, 43 & 49 of 2003 PA 238 (MCL 55.301 et seq.).

SB 0253 Criminal procedure; sentencing guidelines; sentencing guidelines for notary public violations; enact. Amends sec. 11c, ch. XVII of 1927 PA 175 (MCL 777.11c).

In the Hall of Justice
Judge Chad C. Schmucker Named State Court Administrator by Michigan Supreme Court; Veteran Jurist to Oversee Trial Courts

Is it a Fee, or a Tax? Michigan Supreme Court to Hear Headlee-Based Challenge to Detroit Solid Waste Inspection Fee

Other Actions
Appointment of Chief Judge of the Calhoun County Probate Court
Issued: March 8, 2011

Appointment of Chief Judge of the 26th District Court
Issued: March 8, 2011

At the Bar
State Bar Seeks Law Firm Applications for Pro Bono Circle of Excellence by March 31

The March 2011 issue of the Michigan Bar Journal is now available online.

Sections and Committees
The Family Law Section submitted the following Public Policy positions:
Support and Amend: HB 4067 Family law; paternity; paternity of a child born to a married woman; allow to be established in a man other than the husband. Amends secs. 1, 4 & 6 of 1956 PA 205 (MCL 722.711 et seq.).

Oppose: HB 4068 Family law; paternity; expedited provision of copy of acknowledgment of parentage to attorney or court clerk; provide for. Amends sec. 5 of 1996 PA 305 (MCL 722.1005).

Oppose: HB 4069 Records; birth; provision of certain birth records by the state registrar; revise. Amends sec. 2882 of 1978 PA 368 (MCL 333.2882).

Support: HB 4249 Children; adoption; second parent adoption; provide for. Amends secs. 24, 41 & 51, ch. X of 1939 PA 288 (MCL 710.24 et seq.).

The Negligence Law Section submitted the following Public Policy positions:
Support: SB 0071 Insurance; insurers; requirement for insurers to deal fairly and in good faith with individuals claiming benefits; provide for. Amends 1956 PA 218 (MCL 500.100500.8302) by adding secs. 2203, 3149, 3400a, 3501a, 3600a, 4003 & 4403.

Oppose: SB 0191 Civil procedure; costs and fees; attorney contingency fees; require to be based on a sliding scale. Amends sec. 919 of 1961 PA 236 (MCL 600.919).

Federal News
Lobby Battle Over Loans for lawsuits
(New York Times, 3/9/11)

State News
Snyder Still Press for Michigan Tax on Public Private Pensions
(Detroit News, 3/10/11)

Jackson County Circuit Court Judge Chad Schmucker Has Been Named State Court Administrator
(Jackson Citizen Patriot, 3/10/11)

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