Public Policy Update from the State Bar of Michigan
May 12, 2014
Volume 12 Issue 19

In the Capitol
Committee meetings of interest for the week of 5/12
5/13 Senate Judiciary, 2:30 PM, Farnum Building Room 110
Agenda:
SB 845 Allow district court magistrate to issue an arrest warrant; 
SB 923 Expand parental waiver of liability for minor;
SB 931 Allow district court magistrate to issue arrest warrant or search warrant electronically;
SB 932 Allow district court magistrates to decide motions to set aside default and requests to withdraw admission in civil infraction cases under certain circumstances;
And any other business properly before the committee.
Negligence Law Section Position on SB 923: Oppose.

5/14 House Appropriations, 9:00 AM, Capitol Building Room 352
Agenda Item of Interest:
HB 5414 Shorten assessment period for certain driver responsibility fees and provide for sunset.
Prisons & Corrections Section Position: Support.

5/14 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
SB 250 Increase penalties for assaulting certain health care professional;
SB 360 Enact sentencing guidelines for crime of assaulting or battering a health care professional;
HB 5445 Create sexual assault kit evidence submission act;
Or any business properly before this committee.
 
5/14 House Families, Children, and Seniors, 11:30 AM, House Office Building Room 308
Agenda Items of Interest:
HB 5472 Create alternative contempt track docket for certain individuals behind in child support;
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;
Testimony Only:
HB 5473 Allow court refusal to enter an order setting aside a paternity determination revoking an acknowledgment of parentage under certain circumstances.
SB 520 Clarify restitution orders for crime of nonpayment of support;
SB 521 Allow authority of friend of the court to issue subpoenas for show cause and notice to appear, and provide for other general amendments;
SB 522 Repeal certain child support fees;
SB 526 Modify assignments of support process;
SB 527 Require payment for fees for actions involving child custody, support, or parenting time at time action is filed;
SB 528 Update distribution of lottery winnings for child support arrearages to reflect payment to the state disbursement unit;
SB 529 Modify child support allocation and distribution determination authority;
SB 530 Modify powers and duties of office of child support, and provide other general amendments;
Or any business properly before this committee.
Family Law Section Position on HB 5472: Support with Amendments.
Family Law Section Position on HB 5508 – HB 5509: Support.
Family Law Section Position on HB 5473: Support.
State Bar of Michigan Position on SB 520: Oppose.
Civil Procedure & Courts Committee Position on SB 520: Oppose.
Family Law Section Position on SB 520: Oppose and Amend.
State Bar of Michigan Position on SB 521: Support.
Family Law Section Position on SB 521: Support and Amend.
Family Law Section Position on SB 522: Support.
Family Law Section Position on SB 526: Support.
Family Law Section Position on SB 527: Support.
Family Law Section Position on SB 528: Support.
Family Law Section Position on SB 529: Support.
Family Law Section Position on SB 530: 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 5216HB 5218 (Prisoners Employability) were reported out of Senate Judiciary on May 6.
Criminal Law Section Position on HB 5216-HB 5218: Support.
Prisons & Corrections Section Position on HB 5216-HB 5218: Oppose

SB 841SB 844 (Food Assistance Violations) were reported out of Senate Judiciary on May 6.
Criminal Law Section Position on SB 841 – SB 844: Oppose.
Elder Law & Disability Rights Section Position on SB 843: Oppose.

HB 5154 (Preliminary Examinations) and HB 5155 (Preliminary Examinations) were returned from the Senate on May 8.
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.

SB 714 (Uniform Collaborative Law Act) was reported out of House Judiciary on May 8.
State Bar of Michigan Position on SB 0714: Support.
Family Law Section Position on SB 0714: Support.

HB 5082 (Parenting Coordinator) was reported out of House Judiciary on May 8.
State Bar of Michigan Position on HB 5082: Support.

HB 4528 (Immigration Clerical Assistants) was reported out of Senate Regulatory Reform on May 8.
SBM Position on HB 4528: Support.
Unauthorized Practice of Law Committee Position on HB 4528: Support.

New Public Acts

In the Hall of Justice

Rule Amendments
ADM File No. 2013-33 - Amendments of MCR 1.111, 1.201, 3.302, 3.925, 3.977, 3.992, 5.125, 6.501, 6.509, 7.203, 7.205, 7.211, and 8.127, and Amendment of Administrative Order No. 2013-12
These amendments reflect changes that correct minor technical errors that have occurred in drafting or the changes respond to recent adopted rule revisions, which occasionally inadvertently create incorrect cross-references in other rules.
Issued: May 7, 2014
Effective: May 7, 2014

At the Bar
Lawyer Trust Accounts: Management Principles and Recordkeeping Resources Set for Tuesday, June 17 in Grand Rapids

Sections and Committees
The Family Law Section submitted public policy position reports on the following items:
Oppose with Amendments: 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).

Support with Amendments: HB 5464 Family law; paternity; genetic parentage act; create. Creates new act.

Support with Amendments: HB 5465 Family law; paternity; summary support and paternity act; establish. Creates new act.

Support with Recommended Amendments: 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).

Support with Recommended Amendments: 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).

Support with Recommended Amendments: 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).

Support with Recommended Amendments: 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).

Support with Recommended Amendments: 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.).

Support with Recommended Amendments: 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).

Support with Amendments: 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.

Support: 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).

Support: HB 5508 Family law; child support; office of child support to develop an electronically accessible registry containing names of individuals with outstanding child support to intercept gambling winnings; establish. Amends sec. 3 of 1971 PA 174 (MCL 400.233).

Support: HB 5509 Gaming; 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.

The Negligence Law Section submitted a public policy position report on the following item:
Oppose: SB 0923 Torts; liability; parental waiver of liability for minor; expand. Amends sec. 5109 of 1998 PA 386 (MCL 700.5109).

The Prisons & Corrections Section submitted a public policy position report on the following item:
Oppose: SB 0909 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

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