Public Policy Update from the State Bar of Michigan
September 13–19, 2010
Volume 8 Issue 38

In the Capitol
The Michigan House of Representatives will be in session at 10 a.m. September 21, 22, and 23. The Senate is in session at its regular time.
House Schedule
Senate Schedule

Committee Meetings of Interest for the Week of 9/20
9/21 Conference Committee on SB 1153
Agenda: SB 1153 Department of Corrections Budget for Fiscal Year 2010-2011.

9/21 Senate Judiciary
Agenda: SB 212 Amend firearms act to allow police agency to retain certain confiscated weapons for use by that police agency under certain circumstances; SB 1283 Require use of most technologically advanced ultrasound equipment used on woman seeking an abortion; SB 1376 Provide for technical amendments to the Michigan trust code; SB 1377 Correct cross-reference to the estates and protected individuals code in the cemetery regulation act to reflect adoption of Michigan trust code; SB 1378 Correct cross-reference to the estates and protected individuals code in the prepaid funeral and cemetery sales act to reflect adoption of Michigan trust code; SB 1491 Revise confidentiality requirements for certain reports made by probation officers; SB 1492 Require copies of presentence reports to be provided to certain individuals under certain circumstances.

9/21 Senate Commerce and Tourism
Agenda Item of Interest: SB 1455 Authorize conversion from limited liability companies and into other forms of organization and make general revisions.

9/22 House Judiciary
Agenda: HB 5797 Provide for implementation of section 29 of article IX of the state constitution, and repeal 1979 PA 101; HB 5799 Nullify delegation of legislative authority that violates constitutional prohibition against unfunded mandates under certain circumstances; HB 5800 Recommend revisions to court rules addressing actions under sections 25 to 32 of article IX of the state constitution; HB 5801 Require the house and senate fiscal agencies to issue certain reports regarding section 29 of article IX of the state constitution; any business properly before this committee.
SBM Position on HB 5800: Oppose

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/14–9/16
Of Interest to the Legal Community

HB 6433 Torts; governmental immunity; liability for a defect in a sidewalk; clarify that inference regarding a defect of less than 2 inches applies to any sidewalk maintained by a municipal corporation. Amends secs. 1, 2 & 2a of 1964 PA 170 (MCL 691.1401 et seq.).

HB 6450 Corrections; parole; criteria for placement on parole; modify. Amends secs. 33, 33e, 34 & 35 of 1953 PA 232 (MCL 791.233 et seq.) & adds sec. 32a.

HB 6459 Torts; liability; motorsports; allow for limitation of liability under certain circumstances. Creates new act.

SB 1491 Corrections; other; confidentiality requirements for certain reports made by probation officers; revise. Amends sec. 29 of 1953 PA 232 (MCL 791.229).

SB 1492 Criminal procedure; records; copies of presentence reports; require to be provided to certain individuals under certain circumstances. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).

SB 1497 Traffic control; other; provision related to license suspension for nonpayment of driver responsibility fee; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

Of General Interest
HB 6448 Civil rights; public records; requests for public records; require state agencies to report to governor. Amends secs. 3 & 6 of 1976 PA 442 (MCL 15.233 & 15.236).

In the Hall of Justice
Hon. Hilda Gage Mourned by Michigan Supreme Court, Court of Appeals; Gage Remembered as Trailblazer

New Access to Justice Exhibit to be Unveiled at Michigan Supreme Court Learning Center on Sept. 15; May Be First Such Court Display

At the Bar
The State Bar of Michigan's Board of Commissioners and the Public Policy, Image, and Identity Committee will meet on September 29, 2010.

The Representative Assembly will meet on September 30, 2010.

The Annual Meeting takes place September 29–October 1 at the DeVos Place in Grand Rapids.

Michigan Lawyers Lead Constitution Day Activities

Sections and Committees
The Real Property Law Section submitted Public Policy positions on the following items:
Oppose: SB 0549 Housing; condominium; bylaws; revise to include rights of co-owners regarding board of directors meeting, and require notice of the meetings. Amends secs. 54 & 90a of 1978 PA 59 (MCL 559.154 & 559.190a).

Oppose: SB 1256 Housing; condominium; certain association bylaws; modify. Amends secs. 46 & 53 of 1978 PA 59 (MCL 559.146 & 559.153).

Federal News
Missouri Tells Judges Cost of Sentences
(New York Times, 9/18/10)

State News
Michigan's Driver Responsibility Fees May Be Rolled Back
(Grand Rapids Press, 9/18/10)

Lawmakers OK Some Pieces of Michigan State Budget
(Lansing State Journal, 9/17/10)

Michigan Budget Faces Long-Term Problems
(Lansing State Journal, 9/14/10)

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