Public Policy Update from the State Bar of Michigan
April 28, 2014
Volume 12 Issue 17

In the Capitol
Committee meetings of interest for the week of 4/28
4/30 Senate Judiciary, 9:00 a.m., Farnum Rm 110
Agenda:
SB 788 Codify liability of possessor of land for injuries to trespassers;
SB 841 Revise penalties for certain violations involving food assistance, and provide for forfeiture of property obtained in the violation;
SB 842 Revise sentencing guidelines for crime of food stamp fraud to reflect increased penalties;
SB 843 Allow inspector general within the department of human services to appoint agents with limited arrest powers and the powers conferred on peace officers;
SB 844 Exempt certain agents of the state department of human services office of inspector general from certain weapons prohibitions;
SB 857 Provide protection from civil liability in administration of a drug in response to a drug overdose;
SB 858 Provide for immunity from criminal prosecution or administrative sanction for prescribing, dispensing, possessing, or administering opioid antagonist;
SB 859 Require medical control authority to develop protocols that require emergency response vehicles to carry opioid antagonists and require emergency services personnel to be trained;
SB 860 Allow prescribers to prescribe opioid antagonist including naloxone hydrochloride and pharmacists to dispense under certain circumstances to friends or family of individuals who may suffer overdose, and require department to publish a report;
HB 5085 Provide exception to certain individuals for requirement for physical presence of parent or guardian during use of a pistol by a minor;
And any other business properly before the committee.
Criminal Law Section Position on SB 841–844: Oppose.

4/30 House Criminal Justice, 10:30 a.m., House Office Building R 327
Agenda:
SB 535 Create methamphetamine offenders registry, and require offenders to obtain a prescription to purchase ephedrine or pseudoephedrine products for a period of 10 years;
SB 756 Prohibit under certain circumstances the selling or furnishing ephedrine or pseudoephedrine without a prescription to individual previously convicted of methamphetamine-related offense;
SB 563 Enact sentencing guidelines for crime of purchasing or possessing 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;
SB 564 Establish as a crime the purchase of pseudoephedrine or ephedrine for another individual who intends to manufacture methamphetamines;
HB 5363 Prohibit purchasing or possessing ephedrine or pseudoephedrine knowing or having reason to know it is intended to be used to manufacture methamphetamine, and provide a penalty;
HB 5364 Enact sentencing guidelines for crime of purchasing or possessing ephedrine or pseudoephedrine knowing that it is intended to be used to manufacture methamphetamine;
Or any business properly before this committee.

5/1 House Judiciary, 9:00 a.m., House Office Building Rm 521
HB 5055 Allow defraying of costs incurred by local unit of government in executing bench warrants;
HB 5082 Create parenting coordinator;
SB 714 Enact uniform collaborative law act;
Or any business properly before this committee.
SBM Position on HB 5055: Oppose
Criminal Jurisprudence & Practice Committee Position on HB 5055: Oppose
Criminal Law Section Position on HB 5055: Oppose
SBM Position on HB 5082: Support
SBM Position on SB 714: Support

Family Law Section Position on SB 714: Support

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 5154 (Preliminary Examinations) and HB 5155 (Preliminary Examinations) passed the Senate on April 22.
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 4486 (Involuntary Substance Abuse Treatment) advanced to the third reading in the Senate on April 24

New Public Acts

In the Hall of Justice
Michigan Supreme Court to Hear Oral Argument in Insurance Case in Kalamazoo

Law Day Events Offered by Michigan Supreme Court Learning Center

Proposed Amendments
ADM File No. 2014-06—Proposed Amendment of Rule 2.004 of the Michigan Court Rules
The proposed revisions of MCR 2.004 would change the service provisions with regard to an inmate's participation in a hearing or conference so that service would be required on MDOC's Central Records Section, instead of service on individual wardens or supervisors at the MDOC facilities; the proposed changes also would allow an inmate's participation by video or videoconferencing.
Issued: April 23, 2014
Comment Period Expiration: August 1, 2014

ADM File No. 2013-17—Proposed Amendment of Rule 3.206 of the Michigan Court Rules
The proposed amendments of MCR 3.206 would limit the ability of a court to require one party to pay another party's attorney fees during the proceeding to those cases that involve divorce or separation of married persons.
Issued: April 23, 2014
Comment Period Expiration: August 1, 2014

ADM File No. 2013-22—Proposed Amendment of Rule 4.201 of the Michigan Court Rules
This proposed amendment would clarify that the typical procedure for setting aside a default judgment in MCR 2.603 applies in landlord/tenant cases that result only in a default money judgment.
Issued: April 23, 2014
Comment Period Expiration: August 1, 2014

ADM File No. 2013-29—Proposed Amendments of Rules 5.108, 5.125, 5.208, and 5.403 of the Michigan Court Rules
These proposed Chapter 5 rule amendments were submitted to the Court by the Probate and Estate Planning Section of the State Bar of Michigan so that the rules would comport to recent legislation regarding guardianships and conservatorships.
Issued: April 23, 2014
Comment Period Expiration: August 1, 2014

ADM File No. 2013-21—Amendments of Rules 6.112 and 6.113 of the Michigan Court Rules
These amendments clarify how a prosecutor's notice of enhanced sentence required under MCL 769.13(1) is to be provided in courts in which arraignment has been eliminated under MCR 6.113(E).
Issued: April 23, 2014
Effective: Immediately, pending public comment and future public hearing
Comment Period Expiration: August 1, 2014

At the Bar

All SBM Members Asked to Participate in the 2014 Economics of Law Practice Survey

SBM Real Property Law Section to Host Summer Conference July 16-19 at Grand Traverse Resort & Spa

The Board of Commissioners met on April 25, 2014 at which time the State Bar of Michigan adopted the following public policy positions:

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.
SBM Position: Support with amendments to (B)(1) and (E)(1) to clarify that the subrule does not apply to cases filed under the Family Support Act, Uniform Interstate Family Support Act, Status and Emancipation of Minors Act, and Paternity Act.

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.
SBM Position: Support with an amendment to (H)(2)(f) to include language access in all court services with public contact, both inside and outside the courtroom.

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.
SBM Position: Support

HB 4913 Civil procedure; civil actions; strategic lawsuits against public participation; limit. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2978.
SBM Position: Oppose.

HB 5238 Criminal procedure; expunction; set-aside of certain criminal records for victims of human trafficking; provide for. Amends secs. 1, 2 & 4 of 1965 PA 213 (MCL 780.621 et seq.).
SBM Position: Support
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Anderson, Barnes, Brake, Brown, Buchanan, Buiteweg, Burns, Costello, Einhorn, Gobbo, Grieco, Haroutunian, Johnson, Ludden, McCarthy, McGinnis, Nolan, Olsman, Pero, Quick, Radke, Rockwell, Rombach, Shovein, Siriani, Ulrich, and Williams. Commissioners abstaining from voting: Cunningham.)

HB 5270 Law enforcement, investigations; Law enforcement, communications. Law enforcement; investigations; electronic video recording of child interrogations; require. Amends 1975 PA 238 (MCL 722.621–722.638) by adding sec.
SBM Position: Support

HB 5271 Criminal procedure, evidence; Children, protection. Criminal procedure; evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
SBM Position: Support

HB 5272 Children, protection; Courts, probate court; Criminal procedure, evidence. 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).
SBM Position: Support

SB 714 Civil procedure; alternate dispute resolution; uniform collaborative law act; enact. Creates new act.
SBM Position: Support

Sections and Committees
The Criminal Law Section submitted a public policy position report on the following items:
Support: HB 4090 Courts; funding; juror compensation; allow reimbursement if funding unit pays increased mileage. Amend sec. 151e of 1961 PA 236 (MCL 600.151e).

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

Oppose: HB 5190 Criminal procedure; habitual offenders; use of certain prior juvenile offenses for purposes of determining status as habitual offender; allow. Amends secs. 10, 11, 12 & 13, ch. IX of 1927 PA 175 (MCL 769.10 et seq.).

Support: HB 5216 Corrections; parole; issuance by department of corrections of certificate of employability to certain prisoners; allow. Amends 1953 PA 232 (MCL 791.201791.285) by adding sec. 34d.

Support: HB 5217 Labor; other; limited liability for employers that employ individuals issued a certificate of employability; provide for. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2956a.

Support: HB 5218 Occupations; individual licensing and regulation; prerequisite of "good moral character"; eliminate for occupational licensing purposes. Amends sec. 2 of 1974 PA 381 (MCL 338.42).

Support: HB 5270 Law enforcement; investigations; electronic video recording of child interrogations; require. Amends 1975 PA 238 (MCL 722.621722.638) by adding sec. 8f.

Oppose and Amend: HB 5383 Criminal procedure; evidence; expert witness testimony concerning chemical testing and custody of evidence by video communication; allow at preliminary examination and trial for certain prosecutions, and provide for release subject to conditions reasonably necessary for the protection of the public under certain circumstances. Amends sec. 1, ch. III, sec. 6b, ch. V & sec. 22, ch. VIII of 1927 PA 175 (MCL 763.1 et seq.).

Oppose: SB 743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

Oppose: SB 841 Crimes; penalties; penalties for certain violations involving food assistance; revise, and provide for forfeiture of property obtained in the violation. Amends sec. 300a of 1931 PA 328 (MCL 750.300a).

Oppose: SB 842 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of food stamp fraud; revise to reflect increased penalties. Amends sec. 16o, ch. XVII of 1927 PA 175 (MCL 777.16o).

Oppose: SB 843 Human services; other; inspector general within the department of human services to appoint agents with limited arrest powers and the powers conferred on peace officers; allow. Amends sec. 43b of 1939 PA 280 (MCL 400.43b).

Oppose: SB 844 Weapons; other; certain agents of the state department of human services office of inspector general; exempt from certain weapons prohibitions. Amends sec. 231 of 1931 PA 328 (MCL 750.231).

The Prisons & Corrections Section submitted a public policy position report on the following item:

Support: HB 5414 Traffic control; other; certain driver responsibility fees; shorten assessment period and provide for sunset. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

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