Public Policy Update from the State Bar of Michigan
October 13–19, 2008
Volume 6 Issue 42

In the Capitol
There is no session scheduled this week for the Michigan House of Representatives or Senate.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/15
Of Interest to the Legal Community

HB 6534 Civil procedure; garnishment and attachment; miscellaneous protections from garnishment; enact. Amends secs. 4031, 4061, 4061a, 6215, 6231 & 6245 of 1961 PA 236 (MCL 600.4031 et seq.). TIE BAR WITH: HB 6535'08

HB 6535 Taxation; other; tax credit refunds; exempt from garnishment. Amends sec. 30a of 1941 PA 122 (MCL 205.30a). TIE BAR WITH: HB 6534'08

HB 6539 Probate; trusts; personal property trust perpetuities act; revise to include real property. Amends title & secs. 1, 2, 3 & 4 of 2008 PA 148 (MCL 554.91554.94).

HB 6540 Probate; trusts; reference to personal property trust perpetuities act in uniform statutory rule against perpetuities; revise to reflect change in short title, and extend effect of that act to real property. Amends sec. 5 of 1988 PA 418 (MCL 554.75). TIE BAR WITH: HB 6539'08

HB 6554 Law enforcement; other; access to certain databases by certain criminal justice agencies; provide for. Creates new act.

HB 6556 Civil procedure; other; release of vehicle seized under the public health code if person arrested is released without charges, person arrested is acquitted, or charges are dismissed; provide for. Amends sec. 7523 of 1978 PA 368 (MCL 333.7523). TIE BAR WITH: HB 6557'08

HB 6557 Civil procedure; other; release of vehicle and waiver of vehicle impound or forfeiture fee; provide for under certain circumstances. Amends secs. 4706 & 8733 of 1961 PA 236 (MCL 600.4706 & 600.8733) & adds sec. 2977.

HB 6558 Civil procedure; other; release of vehicle seized under the tobacco products tax act; provide for release if person arrested is released without charges or is acquitted or if charges are dismissed. Amends sec. 9 of 1993 PA 327 (MCL 205.429). TIE BAR WITH: HB 6557'08

HB 6559 Civil procedure; other; release of vehicle seized under the motor fuel tax act if person arrested is released without charges, is acquitted, or charges dismissed; provide for. Amends sec. 130 of 2000 PA 403 (MCL 207.1130). TIE BAR WITH: HB 6557'08

HB 6560 Civil procedure; other; release of vehicle seized under the Michigan vehicle code if person arrested is released without charges, person arrested is acquitted, or charges are dismissed; provide for. Amends sec. 625n of 1949 PA 300 (MCL 257.625n). TIE BAR WITH: HB 6557'08

HB 6561 Civil procedure; other; release of vehicle seized under the Michigan penal code if person arrested is released without charges, person arrested is acquitted, or charges are dismissed; provide for. Amends secs. 159n & 535a of 1931 PA 328 (MCL 750.159n & 750.535a). TIE BAR WITH: HB 6557'08

HB 6566 Children; protection; electronic recording of interviews of children in child protective services investigations; require. TIE BAR WITH: HB 6568'08, HB 6569'08
HB 6567 Children; abuse or neglect; conviction requirement for placement on central registry; provide for.

HB 6568 Children; protection; video recorded statements; allow to be used in child protective services hearings, increase fines, and require to retain for certain period of time. TIE BAR WITH: HB 6566'08, HB 6569'08

HB 6569 Criminal procedure; evidence; consideration of video recorded statements in certain proceedings; expand. TIE BAR WITH: HB 6566'08, HB 6568'08

HB 6570 Courts; judges; magistrates; require to be licensed attorneys.

Of General Interest
HB 6564 Crimes; perjury; providing false information to a legislative committee or subcommittee; prohibit, and provide penalties.

HB 6565 Criminal procedure; sentencing guidelines; sentencing guidelines for committing perjury in committee or subcommittee of the state legislature; enact. TIE BAR WITH: HB 6564'08

HB 6571 Family law; child support; cost-of-living increases in child support awards; implement.

In the Hall of Justice
Saginaw Community to Host Michigan Supreme Court; Oral Argument to Take Place at Saginaw Valley State University

Rule Amendments
2008-19–Retention of the Amendment of Rule 3.928 of the Michigan Court Rules
By order dated May 6, 2008, this Court adopted the amendment of Rule 3.928 of the Michigan Court Rules with immediate effect. Notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the amendment of Rule 3.928 of the Michigan Court Rules is retained.
Issued: October 14, 2008
Effective: October 14, 2008

Proposed Amendments
2008-29—Proposed Amendment of Rules 3.901, 3.903, 3.921, 3.965, 3.975, 3.976, 3.977, and 3.978,and New Rule 3.979 of the Michigan Court Rules
The proposed amendments of Rules 3.901, 3.903, 3.921, 3.965, 3.975, 3.976, 3.977, and 3.978, and new rule 3.979 of the Michigan Court Rules reflect the recent enactment of 2008 PA 199-203.
Issued: October 14, 2008
Comment period expires: February 1, 2009
Public Hearing: To be held

Appointments
2008-01—Appointment of Chief Judge of the 37th District Court
Issued: October 14, 2008

2008-01—Appointment of Chief Judge of the 12th Circuit Court (Houghton, Baraga, and Keweenaw Counties)
Issued: October 14, 2008

At the Bar
SBM Business Law Section's Small Business Forum Sponsors Government Assistance Seminar

State News
It's About Accountability, Honesty
(The Ann Arbor News, 10/20/08)

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