Public Policy Update from the State Bar of Michigan
March 31, 2014
Volume 12 Issue 13

In the Capitol
The Michigan House of Representatives and Senate are on Spring Break this week. The House is expected to return April 17. The Senate is expected to return April 22.
House Session Schedule for 2014
Senate Session Schedule for 2014

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 4646 (Adoption, Temporary Placement) advanced to the third reading with substitute S-2 in the Senate on March 26. The substitute was concurred in the House.
Children’s Law Section Position: Support and Amend.
Family Law Section Position: Support and Amend.

HB 4647 (Supervisory Period for Infants) advanced to the third reading with substitute S-1 in the Senate on March 26. The substitute was concurred in the House.
Children’s Law Section Position: Support.
Family Law Section Position: Support.

HB 4648 (Termination of Rights of Putative Father) advanced to the third reading with substitute S-1 in the Senate on March 26. The substitute was concurred in the House.
Children’s Law Section Position: Oppose.
Family Law Section Position: Support and Amend.

The following bills were signed by the Governor on March 26:
HB 5121 (16th Circuit Court Judges), now Public Act 56;
HB 5122 (6th Circuit Court Judges), now Public Act 57;
HB 5123 (17th Circuit and 5th District Court Judges), now Public Act 58;
HB 5124 (Court Consolidation), now Public Act 59;
HB 5125 (Court Consolidation), now Public Act 60.

HB 5154 (Preliminary Examinations) and HB 5155 (Preliminary Examinations) advanced to the third reading in the Senate on March 27.
SBM Position on HB 5154: Support the bill.
SBM Position on HB 5155: Support.
Criminal Law Section Position on HB 5155: Support and Amend.
Judicial Conference Position on HB 5155: See comments.

HB 5193 (Open Meetings) and HB 5194 (Open Meetings) were reported out of House Oversight on March 25.

SB 0636 (Michigan Telecommunications Act) was signed by the Governor on March 25 and is now Public Act 52.
Elder Law & Disability Rights Section Position: Oppose.

SB 0714 (Uniform Collaborative Law Act) advanced to the third reading with substitute S-1 on March 25 and passed the Senate on March 26.
Family Law Section Position: Support.

Legislation Introduced 3/25 – 3/27
View all bills introduced 3/25 – 3/27
Of Interest to the Legal Community
HB 5425 Courts; jurisdiction; equitable jurisdiction of district court; extend to action by landlord against tenant concerning bedbug infestation. Amends sec. 8302 of 1961 PA 236 (MCL 600.8302).

Of General Interest
HB 5428 Townships; other; liability of a township within a local alliance for defective roads; provide for. Amends sec. 21 of 1909 PA 283 (MCL 224.21) & adds sec. 21a.

SB 0890 Human services; children's services; support subsidy; rename, and provide for deferred determination of care agreements for certain adoptions. Amends secs. 115f, 115g, 115h, 115i, 115j, 115l, 115m, 115r & 115s of 1939 PA 280 (MCL 400.115f et seq.).

New Public Acts

 

In the Hall of Justice

Rule Amendments
ADM File No. 2012-30 - Amendments of MCR 2.621 and MCR 2.622
The amendments of MCR 2.621 and MCR 2.622 were submitted to the Michigan Supreme Court on behalf of the “Receivership Committee” (a committee created because of a need identified by the Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan) to expand and update the rules regarding receivership proceedings.
Issued: March 26, 2014
Effective: May 1, 2014

Proposed Amendments
ADM File No. 2012-02 - Proposed Amendments of MCR 2.302
These two proposals offer proposed amendments of MCR 2.302 regarding discovery-only depositions. The proposed amendments in Alternative A would clarify that discovery-only depositions may be taken only by stipulation or court order. The amendment would also require that the stipulation or order explain how the costs of this type of deposition are to be allocated. These proposed amendments were submitted by the State Bar of Michigan Representative Assembly. The proposed amendments in Alternative B would allow any party to schedule a discovery-only deposition without the need to obtain stipulation of the other party or parties or approval of the court.
Issued: March 26, 2014
Comment period expiration: July 1, 2014

Other Actions
ADM File No. 2004-04 - Adoption of the following four Concurrent Jurisdiction Plans:
Administrative Order No. 2014-6 (Cass County courts)
Administrative Order No. 2014-7 (Midland County courts)
Administrative Order No. 2014-8 (Newaygo County and Oceana County courts)
Administrative Order No. 2014-9 (Sanilac County courts)
Issued: March 26, 2014
Effective: Immediately

ADM File No. 2014-01 - Appointments to the Court Reporting and Recording Board of Review
The Honorable Michael J. Talbot (Court of Appeals judge) is reappointed to the Court Reporting and Recording Board of Review for a second full term ending on March 31, 2018.
The Honorable Sean P. Kavanagh (district court judge) is reappointed for a second full term ending on March 31, 2018.
Liisa R. Speaker (attorney) is reappointed to a second full term ending on March 31, 2018.
Jacqueline A. Reed (certified electronic recorder) is appointed to fill the remainder of the term vacated by Sylvia Stratton and ending on March 31, 2015.
Issued: March 26, 2014
Effective: April 1, 2014

At the Bar

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