2008 Senate Bill 1426: Revise Friend of the Court procedures

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Introduced by Sen. Valde Garcia (R) on June 26, 2008, to establish expedited procedures for suspending the drivers license of a parent who is delinquent in child support payments and related orders, and authorize “clearance fees” to lift the suspension when the unpaid amounts have been made up.
- Referred to the Senate Families and Human Services Committee on June 26, 2008.
  - Reported in the Senate on November 13, 2008, with the recommendation that the substitute (S-2) be adopted and that the bill then pass.
- Substitute offered in the Senate on November 13, 2008, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed by voice vote in the Senate on November 13, 2008.
Passed 35 to 0 in the Senate on November 13, 2008.
Who Voted "Yes" and Who Voted "No"
Received in the House on November 13, 2008.
- Referred to the House Family and Childrens Services Committee on November 13, 2008.
  - Reported in the House on December 3, 2008, without amendment and with the recommendation that the bill pass.

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1) Just Keeps Getting Better by Anonymous Citizen on November 17, 2008
"and authorize “clearance fees” to lift the suspension when the unpaid amounts have been made up."

Clearance fees? We don't need any steenkin clearance fees. I'll bet you guys lay awake at night trying to come up with new fees,taxes and other creative ways to get our money into your hands. You all need a little adult supervision as Sarah would say.
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2) Violates Right to Condemnation only after a Hearing by Anonymous Citizen on November 3, 2008

SB 1426 eliminates creates lawsuit bait and allows, in effect, the state to automatically find a parent in contempt of court and strip him/her of his/her drivers license without a hearing. These are procedures similar to ones which the US Supreme Court called in Hovey V Elliot condemnation without hearing, and plainly violate the rights of citizens to be heard before condemning them or restricting their freedoms. There are many reasons that a parent may fail to meet the orders of a court and should not be punished, including, but not limited to, a judgment converted to a consent order entered into through fraud, coercion, mistake of fact, or which violates public policy. Stripping parents of their ability to transport themselves and their children without a hearing can lead to injustices and financial liabilities for the state of Michigan.

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3) 2008 Senate Bill 1426 (Revise Friend of the Court procedures ) by admin on January 1, 2001
Introduced in the Senate on June 26, 2008, to establish expedited procedures for suspending the drivers license of a parent who is delinquent in child support payments and related orders, and authorize “clearance fees” to lift the suspension when the unpaid amounts have been made up

The vote was 35 in favor, 0 opposed and 3 not voting

(Senate Roll Call 689 at Senate Journal 87)

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