Public Policy Update from the State Bar of Michigan
March 18-24, 2013
Volume 11 Issue 12

FOCUS: House and Senate Subcommittees Pass Judiciary Budgets Last Week
Last week both the House and Senate Judiciary Subcommittees of each chamber's respective Appropriations Committee approved identical Judiciary budgets for Fiscal Year 2013-14. Both panels removed the increased spending in the Governor's recommended budget for the following items:

  • Regionalization and expansion of Drug, DWI, and Veterans Courts ($3M);
  • Expansion of Mental Health Courts ($2M);
  • Trial Court Performance Innovations Fund ($4M);
  • Implementation of Case Management System ($2.5M)
  • SADO staff increase ($107K)

According to the chair of the House Appropriations Judiciary Subcommittee, Representative John Walsh (R-Livonia), the Judiciary Budget doesn't include the above items because of questions about Medicaid expansion. Savings that would help fund the proposals will not be available without the expansion. Both budgets are now before the full Appropriations Committee for consideration. You can view a legislative analysis for each bill here: House and Senate

FOCUS: Collateral Consequences of Conviction Data Available for Michigan
In September of 2010 the Representative Assembly voted to support the Uniform Collateral Consequences of Conviction Act (UCCCA). The UCCCA is an effort to improve public and individual understanding of the legal sanctions and restrictions imposed upon people because of their criminal record. These collateral consequences can be hard to find and understand. Congress directed the National Institute of Justice (NIJ) to collect and study collateral consequences in all U.S. jurisdictions, and NIJ selected the ABA Criminal Justice Section to perform the necessary research and analysis.

The results for Michigan are now available through an interactive tool on the web. Please follow this link to use the interactive tool for Michigan. (You will have to agree to their terms and conditions before using the interactive tool.)

In the Capitol
The Michigan House of Representatives and Senate are on Spring Break this week, returning April 9.
House Session Schedule for 2013
Senate Session Schedule for 2013

Complete Committee Meeting List

New Public Acts

Legislation Introduced 3/12–3/14
View all bills introduced 3/12-3/14
Of Interest to the Legal Community
HJR O Campaign finance; public disclosure; accountability and disclosure of corporate political and lobbying activities; include. Amends the state constitution by adding sec. 11 to art. II.

HJR P Elections; candidates; residency requirement for state senate and state representative candidates; modify. Amends sec. 7, art. IV of the state constitution.

HB 4412 Courts; records; digital court records and electronically filed court papers; allow in every state court, and provide for electronic signatures. Amends sec. 1427 of 1961 PA 236 (MCL 600.1427).

HB 4413 Courts; records; reproduction of digital court records and electronically filed court papers; give same force and effect as original for purposes of admissibility into evidence if authenticated. Amends sec. 2137 of 1961 PA 236 (MCL 600.2137).

HB 4414 Courts; records; electronic access to court records, pleadings, and practice; allow courts to provide. Amends 1961 PA 236 (MCL 600.101600.9947) by adding secs. 1426 & 1428 & repeals 1949 PA 66 (MCL 780.221780.225).

HB 4415 Courts; records; digital court records and electronic filing of testimony given in probate court; allow. Amends sec. 859 of 1961 PA 236 (MCL 600.859).

HB 4416 Courts; records; digital court records and electronically filing of probate court papers; allow. Amends sec. 832 of 1961 PA 236 (MCL 600.832).

HB 4417 Courts; records; validity and enforceability of certain judgments; allow a registry or a certified reproduction to serve as a complete replacement. Amends sec. 8344 of 1961 PA 236 (MCL 600.8344).

HB 4418 Campaign finance; other; independent expenditures; require compliance with campaign finance act. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55g.

HB 4419 Campaign finance; other; independent expenditures by corporations; require certain reports and disclaimers. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55a.

HB 4420 Campaign finance; contributions and expenditures; disclosure of independent expenditures by corporations; require. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55b.

HB 4421 Campaign finance; contributions and expenditures; certain independent expenditures by corporations; prohibit. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55c.

HB 4422 Campaign finance; contributions and expenditures; contributions by certain foreign entities; prohibit. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55d.

HB 4423 Campaign finance; violations; improper independent expenditures by a corporation; impose certain fines. Amends 1976 PA 388 (MCL 169.201169.282) by adding sec. 55f.

HB 4424 Campaign finance; contributions and expenditures; independent expenditure provisions in the campaign finance act; update. Amends sec. 54 of 1976 PA 388 (MCL 169.254).

HB 4425 Campaign finance; statements and reports; quarterly filing of certain statements; require. Amends sec. 33 of 1976 PA 388 (MCL 169.233).

HB 4430 Elections; offenses; provision relating to penalty of perjury; expand to include a person who assists another person in committing perjury. Amends secs. 933 & 936 of 1954 PA 116 (MCL 168.933 & 168.936).

HB 4431 Elections; offenses; penalty imposed for perjury; increase. Amends sec. 936 of 1954 PA 116 (MCL 168.936)

HB 4451 Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.

SB 0254 Children; parental rights; process for judicial waiver of parental consent requirement; clarify. Amends secs. 3 & 4 of 1990 PA 211 (MCL 722.903 & 722.904).

Of General Interest
HB 4406 Property tax; principal residence exemption; calculating or charging interest during appeal process; prohibit. Amends sec. 7cc of 1893 PA 206 (MCL 211.7cc).

Legislation Introduced 3/19–3/21
View all bills introduced 3/19-3/21
Of Interest to the Legal Community
HB 4477 Elections; polling places; an elector taking a photograph of himself or herself in a polling place; authorize. Amends 1954 PA 116 (MCL 168.1168.992) by adding sec. 736h.

HB 4478 Elections; voters; signature stamp; allow, and define physical disability. Amends secs. 500 & 501 of 1954 PA 116 (MCL 168.500 & 168.501) & adds secs. 19 & 755a.

HB 4479 Campaign finance; violations; payment of late filing fee for annual statement; allow to be paid from committee funds. Amends sec. 35 of 1976 PA 388 (MCL 169.235).

HB 4486 Health; substance abuse treatment; involuntary substance abuse assessment, stabilization, and treatment for adults; allow. Amends secs. 100b, 276, 277, 281 & 286 of 1974 PA 258 (MCL 330.1100b et seq.) & adds sec. 276a.

Of General Interest
HB 4470 Public employees and officers; ethics; executive branch officials and employees ethics act; create. Creates new act & repeals 1968 PA 318 (MCL 15.30115.310) & 1973 PA 196 (MCL 15.34115.348).

HB 4493 Children; protection; school employees; expand to include all persons employed in public or nonpublic schools and include in references to "clergy" any individual who holds himself or herself out as a member of the clergy. Amends secs. 2 & 3 of 1975 PA 238 (MCL 722.622 & 722.623).

SB 0275 Human services; services or financial assistance; suspicion-based drug testing for public assistance recipients; require. Amends 1939 PA 280 (MCL 400.1400.119b) by adding sec. 57y.

SB 0276 Human services; other; public assistance recipients to perform community service as a condition of eligibility; require. Amends sec. 57f of 1939 PA 280 (MCL 400.57f).

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).

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.).

In the Hall of Justice
Administrative Orders
2002-37—Amendment of Administrative Order No. 2011-1 (Amendment of E-Filing Pilot Project in the 3rd Circuit Court Wayne County)
Issued: March 20, 2013
Effective: Immediately

2004-04—Adoption of Administrative Order No. 2013-3 (Adoption of Concurrent Jurisdiction Plan for the 45th Circuit Court, the 3-B District Court, and the St. Joseph County Probate Court)
Issued: March 20, 2013
Effective: Immediately

Proposed Amendments
2011-26—Proposed Amendment of Rule 2.403 of the Michigan Court Rules
The proposed amendment of MCR 2.403(O)(8) would add a reference to a motion for rehearing or reconsideration (consistent with the Court of Appeals opinion in Meemic Ins Co v DTE Energy Co, 292 Mich App 278 [2011]), as well as a reference to other postjudgment motions to toll the period of time in which a party may file a request for case-evaluation sanctions.
Issued: March 20, 2013
Comment period expiration: July 1, 2013

2011-31—Proposed Amendment of Rules 7.105, 7.111 and 7.205 of the Michigan Court Rules
The proposed changes would permit the filing of a reply brief in support of an application for leave to appeal in the circuit court and the Court of Appeals. The proposed changes were submitted by the Appellate Practice Section of the State Bar of Michigan.
Issued: March 20, 2013
Comment period expiration: July 1, 2013

2013-02—Amendments of Rules 3.002, 3.800, 3.802, 3.807, 3.903, 3.905, 3.920, 3.921, 3.935, 3.961, 3.963, 3.965, 3.967, 3.974, 3.977, and 5.402 of the Michigan Court Rules
This proposal incorporates provisions of the newly enacted Michigan Indian Family Preservation Act into specific provisions within various rules relating to child protective proceedings and juvenile status offenses.
Issued: March 20, 2013
Comment period expiration: July 1, 2013
Effective: Immediately (pending public comment period and public hearing)

Other Actions
2011-10—Proposed Amendment of Rule 7.118 of the Michigan Court Rules
The concept for this proposal was submitted by the State Bar of Michigan Prisons & Corrections Section. The section asserts that if a prosecutor or victim files an appeal of a decision of the Michigan Parole Board to grant parole, the appellee (the prisoner) should be entitled to be represented by counsel if the prisoner is indigent. The proposed amendments would require a prisoner to request representation within 14 days of notice of the appeal, and establish other procedural steps.
Issued: March 20, 2013
Declined to Adopt

State News
Police Required to Record Some Statements Under New Michigan Law
(Lansing State Journal, 3/25/13)
See also:
Michigan Law to Require Cops to Video Record Interviews
(Macomb Daily, 3/24/13)

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