Public Policy Update from the State Bar of Michigan
January 28-February 3, 2013
Volume 11 Issue 5

In the Capitol
On Thursday this week, Governor Snyder's fiscal year 2014 and 2015 budget recommendation will be presented before a joint meeting of the House and Senate Appropriation Committees. The Governor's budget presentation is the traditional start of budget negotiations, and the House and Senate are expected to approve next fiscal year's budget before the summer.

Committee Meetings of Interest for the Week of 2/4
2/5 Senate Judiciary
Agenda: SB 35 Penalize failure to pay civil fine and costs imposed by a city administrative hearings bureau under certain circumstances;
SB 36 Allow cities to make persons delinquent in paying blight violation fines ineligible for zoning approvals;
SB 37 Allow cities to make persons delinquent in paying blight violation fines ineligible for construction code approval;
SB 38 Provide for garnishment for failure to pay fines or costs ordered under the home rule cities act;
SB 39 Establish power of a home rule city's department of administrative hearings to foreclose on property;
SB 105 Provide for collection of DNA samples at time of arrest for committing or attempting to commit a felony offense in DNA identification profiling system;
SB 106 Provide for collection of DNA samples at time of arrest for committing or attempting to commit a felony offense in probate code of 1939;
SB 107 Provide for collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense in Michigan penal code;
SB 76 Prohibit loitering within 1,000 feet of day care center, and regulate certain other conduct in school safety zones;
SB 77 Enact sentencing guidelines for crime of registered sex offender loitering within 1,000 feet of a day care center; And any other business properly before the committee.

2/5 House Appropriations: Corrections
Agenda: Organizational Meeting; Overview of Corrections Budget by the Department; Overview of Legislative Corrections Ombudsman.

2/6 House Criminal Justice
Agenda: SB 44 Remove certain exceptions for placement on the public registry; Presentation on Michigan's Sentencing Guidelines Presentation by the Michigan Department of Corrections.

2/6 House Families, Children, and Seniors
Agenda: Presentations by the Michigan Probate Judges Association and the Michigan Federation for Children and Families.

2/7 House Judiciary
Agenda: Presentation by State Court Administrative Office;
HB 4054 Modify definition of eligible domestic relations order;
HB 4123 Provide protection from liability personal injury or property damage caused by propane gas equipment or appliances;
HB 4064 Allow digital court records and electronically filing court papers.
In the 2011-2012 legislative session, SBM supported HB 5795, to allow digital court records and electronically filing court papers.

2/7 House Appropriations: Joint Meeting with Senate Appropriations
Agenda: Presentation of Governor Snyder's fiscal year 2014 and 2015 budget recommendation.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 1/9
View all bills introduced 1/9

Of General Interest
HB 4001 Civil rights; public records; statewide standards for freedom of information act costs; modify. Amends secs. 4, 5 & 10 of 1976 PA 442 (MCL 15.234 et seq.).

HB 4003 Taxation; administration; offer-in-compromise program; provide for. Amends sec. 28 of 1941 PA 122 (MCL 205.28) & adds sec. 23a.

Legislation Introduced 1/16
View all bills introduced 1/16

Of Interest to the Legal Community
SB 0038 Civil procedure; garnishment; garnishment for failure to pay fines or costs ordered under the home rule cities act; provide for. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 4027.

SB 0043 Courts; judges; certain district court judgeships; increase, and reduce number of circuit court judgeships. Amends secs. 530 & 8132 of 1961 PA 236 (MCL 600.530 & 600.8132).

SB 0044 Criminal procedure; sex offender registration; placement on the public registry; remove certain exceptions. Amends sec. 8 of 1994 PA 295 (MCL 28.728).

Of General Interest
SB 0031 Insurance; life; insurable interests; amend insurance code to provide for insurable interest of trustees. Amends 1956 PA 218 (MCL 500.100500.8302) by adding sec. 2210a.

SB 0032 Probate; trusts; insurable interest amendments to the Michigan trust code; provide for. Amends 1998 PA 386 (MCL 700.1101700.8206) by adding sec. 7114.

Legislation Introduced 1/22–1/24
View all bills introduced 1/22-1/24

Of Interest to the Legal Community
HB 4010 Civil procedure; civil actions; false claims act; enact. Creates new act.

HB 4012 Elections; candidates; candidate affidavit attesting to validity of nominating petition signatures; require. Amends 1954 PA 116 (MCL 168.1168.992) by adding sec. 558a.

HB 4025 Civil procedure; evictions; court procedures; make miscellaneous revisions. Amends secs. 5732 & 5739 of 1961 PA 236 (MCL 600.5732 & 600.5739) & adds sec. 5736.

HB 4033 Cities; home rule; posting of legal notices as alternative to publishing; provide for. Amends 1909 PA 279 (MCL 117.1117.38) by adding sec. 4t.

HB 4040 Crime victims; rights; victim notification of paroled prisoner escape, commutation, death, or parole board hearing; require. Amends secs. 19, 20 & 21 of 1985 PA 87 (MCL 780.769 et seq.).

HB 4057 Torts; defenses; openness and obviousness of condition; establish as issue of comparative fault only. Amends sec. 2959 of 1961 PA 236 (MCL 600.2959).

HB 4060 Children; adoption; second parent adoption; provide for. Amends secs. 24, 41 & 51, ch. X of 1939 PA 288 (MCL 710.24 et seq.).

HB 4064 Courts; records; digital court records and electronically filing court papers; allow. Amends secs. 832, 859, 1427, 2137 & 8344 of 1961 PA 236 (MCL 600.832 et seq.); adds secs. 1426 & 1428 & repeals 1949 PA 66 (MCL 780.221780.225).

HB 4090 Courts; funding; juror compensation; allow reimbursement if funding unit pays increased mileage. Amend sec. 151e of 1961 PA 236 (MCL 600.151e).

HB 4091 Courts; funding; mileage reimbursement rate for juror; increase. Amends sec. 1344 of 1961 PA 236 (MCL 600.1344).

SJF F Courts; judges; election of or appointment to a judicial office of person who has reached 70 years of age; remove prohibition. Amends sec. 19, art. VI of the state constitution.

SB 0073 Human services; other; vulnerable adult abuse registry; create. Creates new act.

Of General Interest
HB 4021 Crimes; kidnapping; kidnapping; expand intent element. Amends sec. 349 of 1931 PA 328 (MCL 750.349).

HB 4050 Children; protection; children's ombudsman to investigate victims of child abuse or neglect; expand criteria to include children who have died as a result of child abuse or neglect. Amends secs. 5a, 6, 7, 8 & 9 of 1994 PA 204 (MCL 722.925a et seq.).

HB 4054 Family law; other; definition of eligible domestic relations order; modify. Amends sec. 2 of 1991 PA 46 (MCL 38.1702).

HB 4055 Law enforcement; training; procedures regarding cyberbullying reporting; provide for. Creates new act.

HB 4086 Torts; governmental immunity; liability for repair and maintenance of highways; modify. Amends sec. 2 of 1964 PA 170 (MCL 691.1402).

HB 4093 Crimes; intoxication or impairment; alcohol content for individuals operating a vehicle under the influence of alcoholic liquor; maintain at 0.08 without reversion to 0.10. Amends secs. 625, 625a, 625g & 625m of 1949 PA 300 (MCL 257.625 et seq.).

SJR G Public employees and officers; other; constitutional amendment creating the independent redistricting commission; provide for. Amends secs. 2, 3 & 6, art. IV of the state constitution.

SB 0067 Legislature; other; legislative website; require certain information to be available to the public. Amends sec. 204a of 1986 PA 268 (MCL 4.1204a) & repeals secs. 204b, 204c, 204d, 204e, 204f & 204g of 1986 PA 268 (MCL 4.1204b et seq.).

SB 0076 Criminal procedure; sex offender registration; loitering within 1,000 feet of day care center; prohibit, and regulate certain other conduct in school safety zones. Amends secs. 34 & 35 of 1994 PA 295 (MCL 28.734 & 28.735).

SB 0077 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of registered sex offender loitering within 1,000 feet of a day care center; enact. Amends sec. 11b, ch. XVII of 1927 PA 175 (MCL 777.11b).

Legislation Introduced 1/29–1/31
View all bills introduced 1/29-1/31

Of Interest to the Legal Community
HB 4120 Family law; child custody; joint custody in every custody dispute between parents; mandate except in certain circumstances. Amends secs. 5 & 6a of 1970 PA 91 (MCL 722.25 & 722.26a).

HB 4126 Torts; liability; liability of persons under equine activity liability act; limit to willful or wanton acts under certain circumstances. Amends sec. 5 of 1994 PA 351 (MCL 691.1665).

HB 4131 Criminal procedure; sentencing guidelines; alcohol content for individuals operating a motor vehicle under the influence of alcoholic liquor in the code of criminal procedure; maintain at 0.08 without reversion to 0.10. Amends secs. 33 & 48, ch. XVII of 1927 PA 175 (MCL 777.33 & 777.48).

HB 4139 Criminal procedure; other; provision relating to proceedings to prevent crime; repeal. Repeals ch. XII of 1927 PA 175 (MCL 772.1772.15).

HB 4143 Traffic control; accidents; requirement to report an accident; modify for accidents involving individuals less than 18 years of age. Amends sec. 619 of 1949 PA 300 (MCL 257.619).

SB 0098 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act

SB 0105 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in DNA identification profiling system. Amends title & sec. 2, 3, 3a & 6 of 1990 PA 250 (MCL 28.172 et seq.).

SB 0106 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing or attempting to commit a felony offense; provide for in probate code of 1939. Amends sec. 18k, ch. XIIA of 1939 PA 288 (MCL 712A.18k).

SB 0107 Criminal procedure; DNA; collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense; provide for in Michigan penal code. Amends sec. 520m of 1931 PA 328 (MCL 750.520m).

SB 0131 Family law; child custody; granting of custody or parenting time for parent convicted of certain sexual offenses; prohibit. Amends 1970 PA 91 (MCL 722.21722.31) by adding sec. 5a.

Of General Interest
HB 4118 Human services; services or financial assistance; suspicion-based substance abuse screening and testing; include in eligibility criteria for family independence assistance program benefits. Amends 1939 PA 280 (MCL 400.1400.119b) by adding sec. 57y.

HB 4150 Elections; local; prosecuting attorney and sheriff elected at nonpartisan elections; provide for. Amends secs. 191, 195, 200, 203, 204, 205, 206, 206a, 209, 697 & 699 of 1954 PA 116 (MCL 168.191 et seq.) & adds ch. XA.

HB 4151 Counties; charter; nonpartisan election of sheriff and prosecuting attorney; provide for. Amends sec. 14 of 1966 PA 293 (MCL 45.514).

HB 4156 Occupations; nurses; nurses practicing under special volunteer license; limit civil liability for personal injury or death. Amends secs. 16184 & 16185 of 1978 PA 368 (MCL 333.16184 & 333.16185).

HB 4163 Crimes; other; penalties for failure to report a missing child or death of a child to law enforcement agencies in a timely manner; establish. Amends 1931 PA 328 (MCL 750.1750.568) by adding sec. 145e.

HB 4164 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of failing to report death of minor or to report child as missing; enact. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g).

SB 0117 Animals; dogs; puppy protection act; create. Creates new act.

SB 0118 Animals; dogs; large-scale commercial breeding kennels; regulate. Amends 1919 PA 339 (MCL 287.261287.290) by adding sec. 10a.

SB 0134 Crimes; criminal sexual conduct; certain reference to fourth degree criminal sexual conduct; revise to reflect changes in substantive law. Amends sec. 2a of 1966 PA 189 (MCL 780.652a).

In the Hall of Justice
Beware jury duty scam phone calls, e-mails, State Court Administrator warns

Valerie White of Hillsdale appointed to Attorney Grievance Commission

Justice McCormack praised, welcomed to Supreme Court in investiture

Administrative Orders
2002-37—Revised Administrative Order No. 2011-4 (E-Filing Revisions in Ottawa County Trial Courts)
Issued: January 23, 2013
Effective: January 23, 2013

2002-37—Revised Administrative Order No. 2010-6 (E-Filing Revisions in 16th Circuit)
Issued: January 23, 2013
Effective: January 23, 2013

2002-37—Revised Administrative Order No. 2010-3 (E-Filing: Extension of Deadline in Oakland Circuit Court Family Division)
Issued: January 23, 2013

2004-04—Administrative Order No. 2013-1 (Adoption of Concurrent Jurisdiction Plan in the 18th Circuit Court, the 74th District Court, and the Bay County Probate Court)
Issued: January 23, 2013
Effective: January 23, 2013

2004-04—Administrative Order No. 2013-2 (Adoption of Concurrent Jurisdiction Plan in the 14th Circuit Court, the 60th District Court, and the Muskegon County Probate Court)
Issued: January 23, 2013
Effective: January 23, 2013

Proposed Amendments
2012-27—Proposed Amendments of Rule 8.110 of the Michigan Court Rules
The proposed amendment of MCR 8.110 is intended to update the rule to reflect today's emphasis on collaboration and local sharing of resources, and the revisions would also clarify who is required to fulfill the statutory "chief" probate judge obligations.
Issued: January 23, 2013
Comment expiration: May 1, 2013

2012-35—Proposed Amendment of Rule 8.111 of the Michigan Court Rules
The proposed amendment of MCR 8.111 would clarify that reassignment under a concurrent jurisdiction plan or family court plan is effective on the date of the reassignment, and the successor judge would handle not only the new cases that are filed in that court, but would also preside over any matters then pending or postjudgment matters that arise. A court would be required to submit a local administrative order to the State Court Administrative Office describing the revised caseload distribution when a reassignment occurs.
Issued: January 23, 2013
Comment expiration: May 1, 2013

Appointments
2013-01—Appointment of Chief Judge of the 84th District Court
Issued: January 23, 2013
Effective: Immediately

2013-01—Appointment to the Attorney Grievance Commission
Issued: January 23, 2013
Completion of Term to Expire: October 1, 2015

At the Bar
Lawyer Trust Accounts: Management Principles and Recordkeeping Resources Set for Tuesday, Feb. 19 in Lansing

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