Public Policy Update from the State Bar of Michigan
February 3, 2014
Volume 12 Issue 5

In the Capitol
Committee meetings of interest for the week of 2/3
2/4 Senate Judiciary, 2:30 PM, Farnum Building Room 110
Agenda:
SB749 Include definition of a victim in certain circumstances;
SB750 Include parents in definition of a victim  in certain circumstances;
And any other business properly before the committee.

2/5 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
HB 5231 Eliminate gender references in certain prostitution statutes, and provide for increased penalties;
HB 5232 Revise sentencing guidelines for certain prostitution offenses;
HB 5088 Require reporting certain methamphetamine-related offenses to department of state police, and prohibit sale of ephedrine or pseudoephedrine to individual convicted of methamphetamine-related offense without a prescription;
HB 5089 Prohibit purchasing or attempting to purchase ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine and provide a penalty;
HB 5090 Enact sentencing guidelines for crime of purchasing or attempting to purchase ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine.

2/5 House Appropriations, Joint Meeting with Senate Appropriations, 11:00 AM, Capitol Room 352
Agenda:
Presentation of Governor Snyder's fiscal year 2015 and 2016 budget recommendation.

2/5 House Families, Children, and Seniors, 12:00 PM, House Office Building Room 519
Agenda Item of Interest:
HB 5039 Expand duties of children's ombudsman.

Complete Committee Meeting List

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.

SB 0285 and SB 0286 (Penalties for Crimes Against Animals) were reported out of House Criminal Justice on January 29.
Animal Law Section Position on SB 0285 and SB 0286: Support.

SB 0628 (Minor Crime Victim Statements) and HB 4486 (Involuntary Substance Abuse Treatment) were reported out of House Judiciary on January 30.

HB 4570 (Postponement of Jury Service for Students) advanced to the third reading in the Senate on January 30.
SBM Position: Support.
Civil Procedure & Courts Committee Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.

Legislation Introduced 1/28 – 1/30
View all bills introduced 1/28-1/30
Of Interest to the Legal Community
HB 5270 Law enforcement; investigations; electronic video recording of child interrogations; require. Amends 1975 PA 238 (MCL 722.621 - 722.638) by adding sec. 8f.

HB 5271 Criminal procedure; evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

HB 5272 Children; protection; videorecorded statements; allow to be used in child protective services hearings, increase fines for improper release of, and require to retain for certain period of time. Amends sec. 17b, ch. XIIA of 1939 PA 288 (MCL 712A.17b).

Of General Interest
HB 5262 Crime victims; other; definition of a victim; include in certain circumstances. Amends sec. 31 of 1985 PA 87 (MCL 780.781).

HB 5263 Crime victims; other; definition of a victim; include parents in certain circumstances. Amends sec. 61 of 1985 PA 87 (MCL 780.811).

HB 5273 Trade; securities; local stock exchanges for transactions in Michigan securities; authorize and regulate. Amends title & sec. 501 of 2008 PA 551 (MCL 451.2501) & adds art. 4A.

SB 0749 Crime victims; other; definition of a victim; include in certain circumstances. Amends sec. 31 of 1985 PA 87 (MCL 780.781).

SB 0750 Crime victims; other; definition of a victim; include parents in certain circumstances. Amends sec. 61 of 1985 PA 87 (MCL 780.811).

New Public Acts

In the Hall of Justice
Rule Amendments

ADM File No. 2012-23 - Amendment of MCR 8.109
The amendments of MCR 8.109 provide explicit authority for courts to use audio and video recording equipment to make a record of court proceedings and require that trial courts using recording equipment follow the standards for recording proceedings that are published by the State Court Administrative Office.
Issued: January 29, 2014
Effective: May 1, 2014

ADM File No. 2012-26 - Amendment of MCR 8.111
This amendment of MCR 8.111 clarifies that the rule applies regardless whether a court is acting in the capacity of a trial court or an appellate court, such as a circuit court considering an appeal of a district court or probate court determination.
Issued: January 29, 2014
Effective: May 1, 2014

ADM File No. 2013-10 - Amendments of MCR 2.107 and MCR 2.117
The amendment of MCR 2.107 provides clarification by adding the phrase “final order” so that after either a final judgment or final order has entered, papers should be served on the party after the time for appeal has passed. The amendment of MCR 2.117 states that the duration of an attorney’s appearance extends until a final judgment or final order is entered. This amendment is intended to clarify that representation by an attorney who appears in a postjudgment motion ends with the final order related to that matter (after the period for appeal of right has passed).
Issued: January 29, 2014
Effective: May 1, 2014

ADM File No. 2013-28 - Amendment of MCR 2.510
The amendments of MCR 2.510 allow courts to authorize prospective jurors to complete and return questionnaires electronically, and allow courts to create and maintain them electronically (i.e., in any medium authorized by court rules pursuant to MCR 1.109). The change also deletes language in MCR 2.510(D) to clarify that the chief judge is responsible for initiation of the court’s policies for summoning prospective jurors.
Issued: January 29, 2014
Effective: May 1, 2014

Administrative Orders
ADM File No. 2004-04 - Adoption of Four Concurrent Jurisdiction Plans:
Administrative Order No. 2014-1 (15th Circuit Court, 3-A District Court, and Branch County Probate Court)
Administrative Order No. 2014-2 (9th Circuit Court, 8th District Court, and Kalamazoo County Probate Court)
Administrative Order No. 2014-3 (29th Circuit Court, 65A and 65B District Courts, and Clinton County and Gratiot County Probate Courts)
Administrative Order No. 2014-4 (30th Circuit Court, 54A, 54B, and 55th District Courts, and Ingham County Probate Court)
All Four Orders Issued and Effective: January 29, 2014

Proposed Amendments
ADM File No. 2010-32 - Proposed Amendment of MCR 3.210
These proposed amendments of MCR 3.210 would clarify default and default judgment procedures to be used in domestic relations cases. The proposed amendments also would allow parties to reach agreement on issues related to property division, custody, parenting time, and support, and enter a consent judgment on those issues if the court approves. These proposed amendments were developed by a workgroup of family law practitioners and judges (assisted by SCAO staff) who were instrumental in creation of an earlier version of this proposal that had been published for comment. Following reconsideration of some provisions of the earlier version, members of the group reconvened and formulated a revised proposal, which is the subject of this publication order.
Issued: January 29, 2014
Comment Period Expiration: May 1, 2014

ADM File No. 2013-02 - Proposed Amendments of MCR 3.800, 3.801, 3.802, 3.804, 3.807, 5.109, 5..401, 5.402, and 5.404
This proposal would incorporate provisions of the Michigan Indian Family Preservation Act and the Indian Child Welfare Act. The proposal is designed to make the rules reflect a more integrated approach to addressing issues specific to Indian children.
Issued: January 29, 2014
Comment Period Expiration: May 1, 2014

ADM File No. 2013-41 - Amendments of Administrative Order No. 1998-5
The amendments of Administrative Order No. 1998-5 modify the way county-funded courts pursue disputes over court funding. These modifications are adopted with immediate effect, but pending public comment and a future public hearing, in light of the recent enactment of 2013 PA 172.
Issued: January 29, 2014
Comment Period Expiration: May 1, 2014

ADM File No. 2012-03 - Amendment of MCR 1.111
The amendments of MCR 1.111 make technical revisions and insert an interim review process for cases in which a court denies a request for an interpreter or orders reimbursement of interpretation costs. These revisions are adopted with immediate effect, but pending public comment and a future public hearing.
Issued: January 29, 2014
Comment Period Expiration: May 1, 2014

At the Bar
The State Bar of Michigan’s Board of Commissioners will meet Thursday, February 6. For more information, please read the member advisory: Advisory: Voluntary State Bar Legislation.

Lawyer Trust Accounts: Management Principles and Recordkeeping Resources Set for Tuesday, Feb. 25 in Lansing

Sections and Committees
The Animal Law Section submitted public policy position reports on the following items:
Support: HB 5061 Animals; animal shelters; animal shelters to deny adoptions under certain circumstances; require, and allow animal shelters to consider prior criminal history before adoption. Amends sec. 1 of 1969 PA 287 (MCL 287.331) & adds sec. 8c.

Support: HB 5062 Law enforcement; reports; access by animal shelter to certain criminal history record information through ICHAT; allow without a fee for purposes of animal adoption. Amends sec. 3 of 1935 PA 120 (MCL 28.273).

Support: SB 0285 Crimes; animals; penalties for crimes against animals; enhance, and make other revisions. Amends secs. 50 & 50b of 1931 PA 328 (MCL 750.50 & 750.50b).

Support: SB 0286 Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of animal cruelty; enact and amend. Amends secs. 16b, 34, 40, 46 & 49, ch. XVII of 1927 PA 175 (MCL 777.16b et seq.).

Support: SB 0603 Law enforcement; reports; access by animal shelter to certain criminal history record information through ICHAT; allow without a fee for purposes of animal adoption. Amends sec. 3 of 1935 PA 120 (MCL 28.273).

Support: SB 0604 Animals; animal shelters; animal shelters to deny adoptions under certain circumstances; require, and allow animal shelters to consider prior criminal history before adoption. Amends sec. 1 of 1969 PA 287 (MCL 287.331) & adds sec. 8c.

The Appellate Practice Section submitted a public policy position report on the following item:
Oppose: SB 0743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

The Children’s Law Section submitted a public policy position report on the following item:
Support: HB 4893 Children; protection; central registry records; require certain notifications to recipients regarding expungement, limit maintenance of records to 10 years, and add certain individuals to the list of those who may receive the confidential record. Amends secs. 2, 7 & 8d of 1975 PA 238 (MCL 722.622 et seq.).

The Family Law Section submitted public policy position reports on the following items:
Support: SB 0714 Civil procedure; alternate dispute resolution; uniform collaborative law act; enact. Creates new act.

Oppose: SB 0743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

The Real Property Law Section submitted a public policy position report on the following item:
Oppose and Amend: HB 5069 Property; other; liability for damages if landlord enters premises; provide exception if occupant is squatting. Amends secs. 2918, 5711 & 5714 of 1961 PA 236 (MCL 600.2918 et seq.).

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