Public Policy Update from the State Bar of Michigan
September 15-21, 2008
Volume 6 Issue 38

In the Capitol
Committee Meetings of Interest for the Week of 9/22
9/23 House Labor
Agenda Item of Interest: HB 6387 Revise persons to whom agency information may be disclosed; revise

9/23 Senate Commerce and Tourism
Agenda Items of Interest: SB 1445 Authorize formation of low-profit limited liability company; SB 1446 Revise naming requirements for low-profit limited liability company.

9/24 House Judiciary
Agenda: HB 6476 Clarify eligibility for placement in a special alternative incarceration unit; HB 4922 (Bieda) Revise eyewitness identification procedures.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/16–9/18
Of Interest to the Legal Community
HB 6459 Public employees and officers; other; restrictions on expenditure of proceeds of lawsuit settlements; establish. Amends sec. 33 of 1846 RS 12 (MCL 14.33).

HB 6476 Corrections; alternatives; eligibility for placement in a special alternative incarceration unit; clarify. Amends sec. 34a of 1953 PA 232 (MCL 791.234a).

SB 1500 Torts; malpractice; recovery for negligence of an emergency room doctor; require showing of gross negligence. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2912i.

SB 1501 Family law; child support; notice that payee of child support may be entitled to payment from lawsuit settlement or judgment or similar service; require. Amends 1982 PA 295 (MCL 552.601552.650) by adding sec. 25j.

SB 1526 Disabilities; other; fees for licensing interpreters; create fund. Amends 1982 PA 204 (MCL 393.501393.509) by adding sec. 8f.

Of General Interest
HB 6472 Property tax; principal residence exemption; eligibility for conditional rescission of principal residence exemption; expand to certain inherited estates. Amends sec. 7cc of 1893 PA 206 (MCL 211.7cc).

SB 1502 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 1504 Consumer protection; unfair trade practices; authority for attorney general to investigate violations; revise, and clarify prohibition against charging grossly excessive prices. Amends secs. 3, 7 & 8 of 1976 PA 331 (MCL 445.903 et seq.).

In the Hall of Justice
Courts' Involvement in Plea Deal Discussions Would be Barred Under Proposed Court Rule; Supreme Court to Hear Comments on Proposal During September 24 Public Hearing

The Michigan Supreme Court will hold an administrative public hearing on Wednesday, September 24, 2008, 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, no later than Monday, September 22, 2008.

To view agenda items of interest, read last week's update.

Proposed Amendments
2008-24—Proposed Amendment of Rule 2.614 of the Michigan Court Rules
The proposed amendments of MCR 2.614 are intended to make the rule consistent with recent amendments of MCR 2.119, 7.204, and 7.205, adopted May 28, 2008, and effective September 1, 2008, which clarified that a party who seeks to appeal to the Court of Appeals has 21 days after the entry of an order deciding a motion for new trial, a motion for rehearing or reconsideration, or a motion for other relief from the order or judgment appealed, to file a claim of appeal or an application for leave to appeal, if the motion is filed within the initial 21-day appeal period, or within further time the trial court has allowed for good cause during that 21-day period.
Issued: September 16, 2008
Comment period expires: January 1, 2009
Public hearing: To be scheduled

At the Bar
Ed Pappas Sworn in as SBM President

Kakish Is New SBM Representative Assembly Chair

State Bar to Honor 2008 Award Winners at Annual Meeting

FOCUS: The Board of Commissioners met on September 17, 2008 at which time the State Bar of Michigan adopted the following Public Policy positions. All positions were adopted by a unanimous vote.

HB 6096 (Palmer) Crime victims; rights; enhanced restitution for victims of identity theft; provide for. Amends sec. 1a, ch. IX of 1927 PA 175 (MCL 769.1a) & adds sec. 30 to ch. IV.
HB 6097 (Shaffer) Crime victims; rights; enhanced restitution for victims of identity theft; provide for. Amends secs. 4a, 16, 33b, 44, 64a & 76 of 1985 PA 87 (MCL 780.754a et seq.).
HB 6098 (Griffin) Juveniles; criminal procedure; enhanced restitution for victims of identity theft; provide for. Amends secs. 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.30 & 712A.31).
SBM Position: Support with the recommended amendment

HB 6321 (Sheltrown) Civil procedure; evictions; property managers; allow to represent landlords in eviction proceedings. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 5705.
SBM Position: Oppose.

SB 1298 (Jelinek) Courts; district court; service of process in small claims division of district court; revise. Amends secs. 8405 & 8406 of 1961 PA 236 (MCL 600.8405 & 600.8406).
SBM Position: Oppose.

State News
Courts to Get More Attorneys for Public
(Muskegon Chronicle, 9/21/08)

County Nixes Public-Defender Study
(Kalamazoo Gazette, 9/17/08)

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