Public Policy Update from the State Bar of Michigan
February 18, 2014
Volume 12 Issue 7

Focus:
Advisory: Michigan Supreme Court Appoints Task Force to Review State Bar of Michigan Status
Michigan Supreme Court Administrative Order: ADM File No. 2014-07 - Administrative Order No. 2014-5 (creation of task force regarding the role of the State Bar of Michigan)
State Bar of Michigan’s role is focus of new Supreme Court task force; group to examine First Amendment issues
(Michigan Supreme Court Press Release, 2/13/14)
Should State Bar Membership Be Voluntary? Court Task Force Will Study
(Detroit Free Press, 2/13/14)
See also:
Group Will Study Whether Lawyers Must Join Michigan Bar
(Detroit News, 2/13/14)
Should State Bar Membership Be Voluntary? Michigan Supreme Court Task Force to Study Question
(Mlive, 2/13/14)

In the Capitol
Committee meetings of interest for the week of 2/18
2/18 Senate Appropriations: General Government
Agenda:
Overview of the 2014-15 Governor's Recommendation by the following Departments: Attorney General, Civil Rights, Legislative Auditor General.

2/18 House Oversight, 2:30 PM, House Office Building Room 326
Agenda Items of Interest:
HB 5193 Allow closed-door sessions for trial or settlement strategy only if matter being discussed is currently being litigated;
HB 5194 Limit defenses for accountability for penalties for violating open meetings act.

2/18 Senate Judiciary, 2:30 PM, Farnum Room 110
Agenda:
HB4567 Increase penalties for certain alcohol- and drug-related driving violations;
HB4568 Revise sentencing guidelines for certain alcohol- and controlled substance-related driving violations;
HB5262 Include definition of a victim in certain circumstances;
HB5263 Include parents in definition of a victim in certain circumstances;
SB783 Restrict authorization of medical marihuana in certain places; restrict;
And any other business properly before the committee.

2/18 Senate Appropriations: Corrections and Senate Judiciary, 3:00 PM, Farnum Room 110
Agenda:
Presentation by The Council of State Governments (CSG) on sentencing guidelines study and justice reinvestment efforts in Michigan.

2/19 House Appropriations: Community Health
Agenda:
Executive Budget Recommendation for Fiscal Year 2014-15 on Public Health, Office of Services to the Aging, Health Policy, and Crime Victim Services Commission; or any business properly before this committee.

2/19 House Criminal Justice, Joint Meeting with Appropriations: Corrections, 10:30 AM, House Office Building Room 519
Agenda:
Presentation given by The Council of State Governments (CSG) Justice Center on their sentencing study and justice reinvestment efforts in Michigan; or any business properly before this committee.

2/19 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.

2/19 House Appropriations: Corrections, 3:00 PM, Capitol Room 352
Agenda:
House Fiscal Agency Overview of the FY 2014-15 Executive Budget Recommendation; or any business properly before this committee.

2/20 House Judiciary, 9:00 AM, House Office Building Room 521
Agenda:
HB 4155 Exempt certain firearm licensing information from freedom of information act;
HB 5324 Clarify firearm records exemption under the freedom of information act;
HB 5325 Provide for definition of firearms records;
HB 5326 Clarify what firearm records are exempt under the freedom of information act;
HB 5327 Exempt firearm records from freedom of information act and provide for disclosure only under certain circumstances;
HB 5328 Clarify what is exempt in firearm records under the freedom of information act;
HB 5329 Provide for sentencing guideline for certain firearm licensing information;
SB 610 Allow manufacture, possession, or transfer of certain short-barreled shotguns or rifles;
And any business properly before this committee.

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.

HB 4570 (Postponement of Jury Service for Students) was presented to the Governor on February 11.
SBM Position: Support.
Civil Procedure & Courts Committee Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.

HB 5025 advanced to the third reading in the House on February 11 with substitute H-1 and passed the House unanimously on February 12.
SBM Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.
Prisons & Corrections Section Position: Support.

HB 5121, HB 5122, HB 5123, HB 5124, and HB 5125 were all reported out of Senate Judiciary with substitutes on February 11.

SB 31 and SB 32 (Insurable Interest) were presented to the Governor on February 11 and are now Public Act 7 and 8 respectively.
Probate & Estate Planning Section Position on SB 31 and SB 32: Support.

HB 4808 passed the Senate on February 12 and the House concurred on the Senate amendment on February 13.

SB 0319 (Juvenile Parole) was enrolled on February 12.
Criminal Law Section Position: Support and Amend.
Prisons & Corrections Section Position: Support and Amend.

SB 0475 (Trampoline Court Safety Act) was presented to the Governor on February 12.
Negligence Law Section Position: Oppose.

HB 4486 (Involuntary Substance Abuse Treatment) passed the House on February 13.

SB 0586 advanced to the third reading in the Senate with the committee substitute S-2 adopted on February 13.

SB 0587 advanced to the third reading in the Senate with the committee substitute S-1 adopted on February 13.

SB 0590 advanced to the third reading in the Senate on February 13.

Legislation Introduced 2/11 – 2/13
View all bills introduced 2/11-2/13
Of Interest to the Legal Community
HB 5302 Appropriations; zero budget; judiciary; provide for fiscal year 2014-2015. Creates appropriation act.

HB 5322 Property; condemnation; court costs and attorney fees; impose on agency that fails to review takings assessment guidelines prior to taking. Amends title of 1996 PA 101 (MCL 24.421 - 24.425) & adds sec. 6.

SB 0771 Appropriations; zero budget; judiciary; provide for fiscal year 2014-2015. Creates appropriation act.

SB 0788 Torts; premises liability; liability of possessor of land for injuries to trespassers; codify. Creates new act.

Of General Interest
SB 0783 Health; medical marihuana; authorization of medical marihuana in certain places; restrict. Amends sec. 7 of 2008 IL 1 (MCL 333.26427).

New Public Acts

At the Bar
Sections and Committees
The Real Property Law Section submitted public policy position reports on the following items:
Oppose: HB 4626 Economic development; other; authority for property purchase by certain land bank authorities and certain procedures; clarify and modify. Amends sec. 23 of 2003 PA 258 (MCL 124.733).

Amend: HB 5083 Property tax; delinquent taxes; definition of public property; provide for, and allow certain property to be transferred to a land bank under certain circumstances. Amends sec. 78m of 1893 PA 206 (MCL 211.78m).

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