Public Policy Update from the State Bar of Michigan
April 20 —26, 2009
Volume 7 Issue 17

In the Capitol
Committee Meetings of Interest for the Week of 4/27
4/28 House Appropriations: Judiciary
Agenda: State Appellate Defender Office Testimony; Michigan Appellate Assigned Counsel System Testimony; Presentation on Mental Health Courts and Drug Treatment by Richard Woods, Deputy Director of Trial Court Services for the State Court Administration Office.

4/28 Senate Appropriations: Judiciary & Corrections
Agenda: FY 2009-10 Michigan Department of Corrections budget.

4/28 Senate Judiciary
Agenda: Pending Referral: SB 473 Require use of 2-way interactive video technology for certain court proceedings whenever possible; SB 474 Establish mandatory conditions for individual to be released on parole; SB 475 Prohibit certain conflicts of interest within State financing and management; SB 476 Require competitive bidding process for goods and services used by the department of corrections; SB 477 Require agreements to have Michigan medical schools provide medical services to prisoners; SB 478 Require report to legislature of status of offender tracking system; SR 41 A resolution to urge the Michigan Department of Corrections to implement nondenominational prison congregation programs within our prisons.

4/29 House Judiciary
Agenda: SB 145 Allow restitution to include recovery for replacement value if fair market value is impractical or impossible to ascertain; SB 146 Allow recovery for replacement value if fair market value is impossible or impractical to ascertain; SB 383 Resolve conflicts between chapter 81 of the revised statutes of 1846 and the Michigan trust code;
SB 384 Resolve conflicts between chapter 63 of the revised statutes of 1846 and the Michigan trust code; SB 385 Amend Michigan uniform fraudulent transfer act to conform to Michigan trust code; SB 386 Amend powers of appointment act of 1967 to conform to Michigan trust code; SB 387 Enact Michigan trust code; HB 4249 Enact sentencing guidelines; sentencing guidelines for certain prescription drug crimes; HB 4250 Increase penalties for certain prescription drug violations; and any other business properly before this committee.
Probate and Estate Planning Section Position on SB 383–SB 0387: Support

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/21–4/23
Of Interest to the Legal Community

HB 4809 Mental health; other; assessment language for people needing treatment; clarify. Amends secs. 401 & 433 of 1974 PA 258 (MCL 330.1401 & 330.1433).

HB 4820 Children; abuse or neglect; conditions involving termination of parental rights in child protection law; restrict. Amends sec. 18 of 1975 PA 238 (MCL 722.638).

SB 0442 Public employees and officers; other; restrictions on expenditure of proceeds of lawsuit settlements; establish. Amends sec. 33 of 1846 RS 12 (MCL 14.33).

SB 0458 Criminal procedure; sentencing; requirement of presentence report for nonpayment of support; eliminate. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).

Of General Interest
HB 4810 Corrections; jails; maximum amount of reimbursement from jail inmate for cost of maintenance; increase. Amends sec. 3 of 1984 PA 118 (MCL 801.83).

HB 4813 Retirement; state employees; benefits; provide for an 80-and-out plan. Amends secs. 19 & 20 of 1943 PA 240 (MCL 38.19 & 38.20).

SB 0443 Public employees and officers; ethics; financial disclosure report; require certain candidates for elective office and state officials to file. Creates new act.

SB 0459 Traffic control; driver license; notification of license suspension for failure to pay driver responsibility fee; require.

In the Hall of Justice
The Michigan Supreme Court will hold an administrative public hearing on Tuesday, May 12, 2009, from 9:30 a.m. to 11:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915.

Public Hearing Agenda

To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Friday, May 8, 2009.

At the Bar
Live Broadcast from SBM Highlights Law Day Celebration

Sections and Committees
The Prisons and Corrections Section submitted a Public Policy report on HB 4130 Corrections; prisoners; release of certain prisoners for purpose of deportation; allow. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 47.

The Probate and Estate Planning Section submitted a Public Policy report on the following:
Support: HB 4180 (Moss) Probate; wills and estates; funeral and burial arrangements; allow designation of a funeral representative. Amends secs. 3206, 3207, 3208, 3209 & 3614 (MCL 700.3206 et seq.).

Support: HB 4505 (Brynes) Probate; wills and estates; decisions regarding funeral, burial, or cremation; allow individual to designate a person to make decisions and require that the individual's instructions be followed. Amends secs. 3206, 3207, 3208, 3209 & 3614 of 1998 PA 386 (MCL 700.3206 et seq.) & adds sec. 3210.

Support: HB 4578 (Warren) Probate; wills and estates; decisions regarding funeral, burial, or cremation; allow individual to designate a person to make decisions and require that the individual's instructions be followed. Amends secs. 3206, 3207, 3208, 3209 & 3614 of 1998 PA 386 (MCL 700.3206 et seq.).

Support and Amend: 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).

Support: SB 0411 Businesses; charitable organizations; uniform prudent management of institutional funds act; adopt. Creates new act & repeals 1976 PA 157 (MCL 451.1201451.1210).

Support: SB 0412 Businesses; charitable organizations; references to uniform prudent management of institutional funds act in the nonprofit corporations act; revise to reflect adoption of new uniform act. Amends secs. 124, 261, 501 & 541 of 1982 PA 162 (MCL 450.2124 et seq.).

Federal News
Obama Legal Team Wants to Limit Defendants' Rights
(Detroit Free Press, 4/23/09)

State News
Gov to Order Emergency State Budget Cuts
(Detroit News, 4/22/09)

Lawmaker Suggest Deporting Prisoners
(Lansing State Journal, 4/20/09)

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