Public Policy Update from the State Bar of Michigan
January 16–22, 2012
Volume 10 Issue 3

In the Capitol
Committee Meetings of Interest for the Week of 1/23
1/24 House Redistricting and Elections
Agenda Item of Interest: HB 5058 Limit contributions and expenditures by candidate committees to defend certain officials in criminal or civil actions.

1/24 State Drug Treatment Court Advisory Committee

1/24 Senate Judiciary
Agenda: HB 4691 Provide exemption for nursing mothers from jury duty for under certain circumstances; HB 4647 Allow expert witness testimony to be presented by video communication equipment; HB 4074, require certain prisoner reentry programs, and require prisoners to obtain certain records including issuance of identification card and copies of other identifying documents; HB 4075 Include corrections identification card and allow access to certain department of corrections data forms of identification necessary to apply for a state identification card; HB 4076 Include corrections identification card in forms of identification necessary to apply for driver license; HB 4077 Assist convicted persons in obtaining certain records necessary to obtain identification documents; And any other business properly before the committee.
SBM Position on HB 4647: Support
SBM Position on HB 4074–HB 4077: Support

Criminal Jurisprudence & Practice Committee Position on HB 4074–HB 4077: Support

1/26 House Judiciary
Agenda: HB 5050 Prohibit providing false information to peace officer conducting criminal investigation, and provide penalties; HB 5051 Enact sentencing guidelines for crime of providing false information to a peace officer conducting a criminal investigation; HB 4859 Provide protection from liability in personal injury or property damage caused by propane gas equipment or appliances; HB 5153 Grant immunity for social services agency for providing child social welfare programs; SB 356 Allow forfeiture of real property used in the commission of animal fighting; SB 357 Declare property on which animal fighting is conducted to be a nuisance; SB 358 Include animal fighting as predicate offense in racketeering statute; SB 92 Require written acknowledgment of responsibilities by agent appointed under a power of attorney.
Probate & Estate Planning Section Position on SB 92: Support Substitute
Animal Law Section Position on SB 356: Support
Animal Law Section Position on SB 357: Support
Animal Law Section Position on SB 358: Support

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/17–1/19
View all bills introduced 1/17–1/19

Of Interest to the Legal Community
HB 5257 Records; public; recording copy of original conveyance; specify requirements for accompanying affidavit. Amends sec. 1a of 1915 PA 123 (MCL 565.451a).

HB 5258 Records; public; copy of original instrument verified by affidavit; create presumption of compliance with recording act. Amends sec. 1 of 1937 PA 103 (MCL 565.201).

State News
FOCUS: Governor Rick Snyder's Second State of the State Address
Governor Rick Snyder delivered his second State of the State address on January 18, 2012:
Governor's State of the State Address
See related news:
Gov. Rick Snyder: Let's Build on Successes in Michigan
(Detroit Free Press, 1/19/12)
Gov. Rick Snyder: Crime, Obesity Statistics Unacceptable, But State Can Build on Education, Tax Reforms
(Mlive.com, 1/19/12)
Snyder Calls for Continued Reforms and Focus on Jobs
(Detroit News, 1/19/12)
State of the State: 'We Must Finish What We Started.'
(Lansing State Journal, 1/19/12)
Top 6: Issues for Michigan From Rick Snyder's State of the State Address
(Ann Arbor.com, 1/18/12)

In the Hall of Justice
Defendants Pleading Guilty Would be Warned That Sentences Could be Longer if They are Found to be Habitual Offenders, Under Proposed Rule Change on January 25 Public Hearing Agenda

Volunteer Tour Leaders Needed to Share Enthusiasm and Knowledge in Michigan Supreme Court Learning Center

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, January 25, 2012, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, MI 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, MI 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, January 23, 2012.
For SBM positions, see last week's Public Policy Update.

At the Bar
The Board of Commissioners met on January 20, 2012, at which time the State Bar of Michigan adopted the following Public Policy positions:

ADM File No. 2010-25 Proposed Amendment of Rule 7.210 of the Michigan Court Rules
This amendment was proposed by James Neuhard, former director of the State Appellate Defender Office. The proposed amendment would require trial courts to become the depository for exhibits offered in evidence (whether those exhibits are admitted or not), instead of requiring parties to submit exhibits offered in evidence when a case is submitted to the Court of Appeals on a claim of appeal.
SBM Position: Support. Support amendment to remove the good cause exemption.

SB 246 (Schuitmaker) Juveniles; criminal procedure; juvenile competency standards; revise. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds secs. 18n, 18o, 18p, 18q, 18r & 18s to ch. XIIA.
SB 247 (Schuitmaker) Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends secs. 498d, 498e & 498h of 1974 PA 258 (MCL 330.1498d et seq.) & adds secs. 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072 & 1074.
HB 4555 (Lipton) Juveniles; criminal procedure; juvenile competency and culpability; clarify. Amends secs. 498d & 498h of 1974 PA 258 (MCL 330.1498d et seq.) & adds secs. 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072 & 1074.
HB 4556 (Lipton) Juveniles; criminal procedure; juvenile competency standards; revise. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds secs. 18n, 18p, 18o, 18q, 18r & 18s to ch. XIIA.
SBM Position: Support. Support amendment regarding qualifications for a person to perform a competency exam.

SB 688 (Schuitmaker) Crimes; perjury; unsworn declaration made under penalty of perjury; include as a statement punishable as perjury. Amends sec. 423 of 1931 PA 328 (MCL 750.423).
SB 689 (Schuitmaker) Civil procedure; evidence; uniform unsworn foreign declarations act; create. Amends sec. 2102 of 1961 PA 236 (MCL 600.2102) & adds ch. 21A.
SBM Position: Support.

SB 707 (Schuitmaker) Civil procedure; discovery; uniform interstate depositions and discovery act; adopt. Amends sec. 1852 of 1961 PA 236 (MCL 600.1852) & adds ch. 22.
SBM Position: Support.

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