Public Policy Update from the State Bar of Michigan
May 5, 2014
Volume 12 Issue 18

In the Capitol
Committee meetings of interest for the week of 5/6
5/6 House Health Policy, 10:30 AM, House Office Building Room 519
Agenda Item of Interest:
HB 5425 Extend equitable jurisdiction of district court to action by landlord against tenant concerning bedbug infestation.

5/6 Senate Judiciary, 4:00 PM, Farnum Building Room 110
Agenda:
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 866 Increase penalties for certain crimes against a person over 65 years of age;
SB 867 Provide for sentencing guidelines for elder adult abuse;
SB 924 Prohibit posting of sexually explicit image of another person on internet with intent to frighten, intimidate, or harass, and require removal of sexually explicit images under certain circumstances;
SB 925 Provide for penalties for posting sexually explicit image on internet or failing to remove posted sexually explicit image from internet under certain circumstances;
HB 5216 Allow issuance by department of corrections of certificate of employability to certain prisoners;
HB 5217 Provide for limited liability for employers that employ individuals issued a certificate of employability;
HB 5218 Eliminate prerequisite of good moral character eliminate for occupational licensing purposes;
And any other business properly before the committee.
Criminal Law Section Position on SB 841–844: Oppose
Elder Law & Disability Rights Section Position on SB 843: Oppose
Criminal Law Section Position on HB 5216–5218: Support
Prisons & Corrections Section Position on HB 5216–5218: Oppose

5/7 House Families, Children, and Seniors, 12:00 PM, House Office Building Room 519
Agenda Items of Interest:
HB 5508 Establish office of child support to develop an electronically accessible registry containing names of individuals with outstanding child support to intercept gambling winnings;
HB 5509 Update distribution of casino winnings for child support arrearages to reflect payment to the state disbursement unit;
HB 5511 Allow collection of court-ordered financial obligations from judgments against the state;
HB 5472 Create alternative contempt track docket for certain individuals behind in child support.

5/8 Senate Regulatory Reform, 10:30 AM, Farnum Building Room 210
Agenda Item of Interest:
HB 4528 Revise regulation of immigration clerical assistants.
SBM Position: Support
Unauthorized Practice of Law Committee Position: 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 5055 (Bench Warrant Costs) was reported out of House Judiciary with amendments on May 1.
SBM Position on HB 5055: Oppose
Criminal Jurisprudence & Practice Committee Position on HB 5055: Oppose
Criminal Law Section Position on HB 5055: Oppose

Regarding HB 5154 (Preliminary Examinations) and HB 5155 (Preliminary Examinations), the House granted the Senate request to return the bills on April 29.
SBM Position on HB 5154: Support
SBM Position on HB 5155: Support

Criminal Law Section Position on HB 5155: Support & Amend
Judicial Section Position on HB 5155: See comments

SB 628 (Delivery of Victim Statement by Parents of a Minor) advanced to the third reading in the House with amendments on May 1.

SB 771 (Judiciary Budget) passed the Senate 38-0 on April 29.

Legislation Introduced 4/17–4/23
View all bills introduced 4/17-4/23

Of Interest to the Legal Community
HB 5442Crime victims; notices; notification to victims of violent crimes if offender is considered for placement to a special alternative incarceration unit; expand. Amends sec. 34a of 1953 PA 232 (MCL 791.234a).

HB 5464 Family law; paternity; genetic parentage act; create. Creates new act.

HB 5465 Family law; paternity; summary support and paternity act; establish. Creates new act.

HB 5472 Family law; child support; alternative contempt track docket for certain individuals behind in child support; create. Amends secs. 2 & 35 of 1982 PA 295 (MCL 552.602 & 552.635) & adds sec. 36.

HB 5473 Family law; paternity; court refusal to enter an order setting aside a paternity determination revoking an acknowledgment of parentage; allow under certain circumstances. Amends sec. 13 of 2012 PA 159 (MCL 722.1443).

SB 901Law enforcement; other; sexual assault kit evidence submission act; create. Creates new act.

SB 905 Public employees and officers; other; removal procedure from elective office; clarify, and limit grounds for. Amends 1968 PA 2 (MCL 141.421 - 141.440a) by adding sec. 19a.

Of General Interest
HB 5444 Children; foster care; educational fund for foster children who are adopted or age out of foster care; establish. Amends title & secs. 1, 2, 3, 4, 5, 6 & 10 of 2008 PA 525 (MCL 722.1021 et seq.); adds sec. 7a & repeals secs. 7 & 8 of 2008 PA 525 (MCL 722.1027 & 722.1028).

HB 5445 Law enforcement; other; sexual assault kit evidence submission act; create. Creates new act.

HB 5463 Family law; paternity; certain genetic testing establishes paternity; provide for. Amends secs. 6 & 7 of 1956 PA 205 (MCL 722.716 & 722.717).

HB 5466 Family law; paternity; consolidation of child support functions into 1 local agency; provide for in the paternity act. Amends sec. 4 of 1956 PA 205 (MCL 722.714).

HB 5467 Family law; paternity; consolidation of child support functions into 1 local agency; provide for in the revocation of paternity act. Amends sec. 7 of 2012 PA 159 (MCL 722.1437).

HB 5468 Family law; child support; consolidation of child support functions into 1 local agency; provide for in the family support act. Amends sec. 4 of 1966 PA 138 (MCL 552.454).

HB 5469 Family law; child support; consolidation of child support functions into 1 local agency; provide for in the uniform interstate family support act. Amends secs. 308 & 312 of 1996 PA 310 (MCL 552.1308 & 552.1312).

HB 5470 Family law; child support; consolidation of child support functions into 1 local agency; provide for in the uniform reciprocal enforcement of support act. Amends secs. 10a, 12b, 13, 13a & 33 of 1952 PA 8 (MCL 780.160a et seq.).

HB 5471 Family law; child support; consolidation of child support functions into 1 local agency; provide for in the status of minors and child support act. Amends sec. 3 of 1968 PA 293 (MCL 722.3).

HB 5475 Occupations; athletics; uniform athlete agents act; enact. Creates new act & repeals sec. 411e of 1931 PA 328 (MCL 750.411e).

SB 909 Corrections; state facilities; number of prisoners allowed at correctional facilities; limit and require remaining prisoners to be placed in jails and other secure facilities. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 20k

Legislation Introduced 4/29–5/1
View all bills introduced 4/29-5/1

Of Interest to the Legal Community
HB 5494Courts; district court; number of judgeships in the second division of the seventieth district court district; modify Amends sec. 8135 of 1961 PA 236 (MCL 600.8135).

HB 5502Administrative procedure; rules; delegation of legislative authority that violates constitutional prohibition against unfunded mandates; nullify under certain circumstances. Amends secs. 3, 5, 7a, 40, 44, 45, 45a & 45b of 1969 PA 306 (MCL 24.203 et seq.) & adds sec. 9.

HB 5503State financing and management; other; implementation of section 29 of article IX of the state constitution; provide for, and repeal 1979 PA 101. Implements sec. 29, art. IX of the state constitution & repeals 1979 PA 101 (MCL 21.231 - 21.244).

HB 5504Legislature; committees; local government mandate panel; create, and prescribe its duties. Amends 1986 PA 268 (MCL 4.1101 - 4.1901) by adding ch. 7C.

HB 5505Civil procedure; other; procedures for actions under sections 25 to 32 of article IX of the state constitution; revise. Amends sec. 308a of 1961 PA 236 (MCL 600.308a) & adds secs. 308b, 308c, 308d, 308e, 308f & 308g.

HB 5508Civil procedure; other; procedures for actions under sections 25 to 32 of article IX of the state constitution; revise. Amends sec. 308a of 1961 PA 236 (MCL 600.308a) & adds secs. 308b, 308c, 308d, 308e, 308f & 308g.

HB 5509Gaming; casinos; distribution of casino winnings for child support arrearages; update to reflect payment to the state disbursement unit. Amends title & sec. 3 of 1996 IL 1 (MCL 432.203) & adds sec. 9e.

HB 5511Civil procedure; other; collection of court-ordered financial obligations from judgments against the state; allow. Amends sec. 6458 of 1961 PA 236 (MCL 600.6458).

Of General Interest
HB 5487Worker's compensation; administration; calculation of and increased assessment limits for certain claims; authorize and provide for audits and for sanctions for delinquent payments. Amends sec. 551 of 1969 PA 317 (MCL 418.551).

HB 5488Worker's compensation; administration; reimbursement for delinquent carriers; restrict. Amends sec. 555 of 1969 PA 317 (MCL 418.555).

HB 5490Worker's compensation; administration; rights of certain funds; establish as same as an employer or carrier. Amends sec. 541 of 1969 PA 317 (MCL 418.541).

HB 5491Businesses; limited liability companies; certain fees under Michigan limited liability company act; waive for certain veterans. Amends sec. 1101 of 1993 PA 23 (MCL 450.5101).

HB 5501Traffic control; other; driver responsibility fee assessment; remove from definition of "license sanction" pertaining to enhanced driver licenses. Amends sec. 4 of 2008 PA 23 (MCL 28.304).

HB 5510Family law; paternity; acknowledgment of parentage process; modify. Amends secs. 3 & 5 of 1996 PA 305 (MCL 722.1003 & 722.1005).

HB 5512Human services; services or financial assistance; eligibility for family independence program assistance benefits; deny for certain noncompliance with child support provisions. Amends secs. 57 & 57g of 1939 PA 280 (MCL 400.57 & 400.57g).

SB 923Torts; liability; parental waiver of liability for minor; expand. Amends sec. 5109 of 1998 PA 386 (MCL 700.5109).

SB 924Crimes; other; posting of sexually explicit image of another person on internet with intent to frighten, intimidate, or harass; prohibit, and require removal of sexually explicit images under certain circumstances. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 145e.

SB 925Crimes; penalties; penalties for posting sexually explicit image on internet or failing to remove posted sexually explicit image from internet under certain circumstances; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 145f.

New Public Acts

In the Hall of Justice
Other Actions
ADM File No. 2014-21—In re Conclusion of Appointment of Attorney Grievance Administrator
Entered: May 2, 2014
Effective: May 2, 2014

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

Cranbrook Seventh Graders Win Third Annual SBM Law Day Contest

Judicial Vacancy—Washtenaw County Probate Court
Hon. Nancy C. Wheeler is vacating her seat at Washtenaw County Probate Court. State Bar members interested in applying for the judgeship should submit an application May 5, 2014.
View Information

Judicial Vacancy—60th District Court, Muskegon County
Hon. Michael J. Nolan is vacating his seat at 60th District Court, Muskegon County. State Bar members interested in applying for the judgeship should submit an application May 20, 2014.
View Information

Sections and Committees
The Elder Law & Disability Rights Section submitted a public policy position report on the following items:
Oppose: SB 743 Occupations; attorneys; voluntary membership in state bar; establish. Amends sec. 901 of 1961 PA 236 (MCL 600.901).

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).

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