Public Policy Update from the State Bar of Michigan
May 19, 2014
Volume 12 Issue 20

In the Capitol
Committee meetings of interest for the week of 5/19
5/20 Senate Judiciary, 2:30 PM, Farnum Building Room 110
Agenda:
SB 857 Provide protection from civil liability for administration of a drug in response to a drug overdose;
SB 923 Expand parental waiver of liability for minor;
And any other business properly before the committee.
Negligence Law Section Position on SB 923: Oppose.

5/21 House Military and Veterans Affairs, 9:00 AM, House Office Building Room 308
Agenda Items of Interest:
HB 5529 Require providing information to veteran regarding veteran benefits;
HB 5530 Presentence report to disclose status of individual as veteran; require and provide for forwarding of information to department of military and veterans affairs.
HB 5531 Require veteran completing sobriety court program to meet with veteran service organization or county veteran counselor as part of program;
HB 5533 Require veteran to meet with veteran service organization or county veteran counselor as condition of probation.

5/21 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
SB 584 Eliminate statute of limitations for child sex trafficking or commercial sexual exploitation of children offenses;
SB 587 Provide for counseling program for children found to be victims of human trafficking;
SB 590 Allow human trafficking victims to sue violators for damages;
SB 592 Establish victims of human trafficking to receive medical and psychological care;
SB 593 Allow consideration within foster care system for minors who may be victims of human trafficking;
SB 597 Implement training requirements for medical professionals regarding human trafficking;
SB 598 Include definition of racketeering enticing away a female under 18 years of age;
Or any business properly before this committee.

5/21 House Families, Children, and Seniors, 11;30 AM, House Office Building Room 521
Agenda Items of Interest:
HB 5473 Allow court refusal to enter an order setting aside a paternity determination revoking an acknowledgment of parentage under certain circumstances;
HB 5511 Allow collection of court-ordered financial obligations from judgments against the state;
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 5463 Provide for certain genetic testing establishes paternity;
HB 5464 Create genetic parentage act;
HB 5465 Establish summary support and paternity act;
HB 5466 Provide for consolidation of child support functions into 1 local agency in the paternity act;
HB 5467 Provide for consolidation of child support functions into 1 local agency in the revocation of paternity act;
HB 5468 Provide for consolidation of child support functions into 1 local agency in the family support act;
HB 5469 Provide for consolidation of child support functions into 1 local agency in the uniform interstate family support act;
HB 5470 Provide for consolidation of child support functions into 1 local agency in the uniform reciprocal enforcement of support act;
HB 5471 Provide for consolidation of child support functions into 1 local agency in the status of minors and child support act;
Or any business properly before this committee.
Family Law Section Position on HB 5473: Support.
Family Law Section Position on HB 5508 – HB 5509: Support.
Family Law Section Position on HB 5463: Oppose with Amendments.
Family Law Section Position on HB 5464: Support with Amendments.
Family Law Section Position on HB 5465: Support with Amendments.
Family Law Section Position on HB 5466: Support with Recommended Amendments.
Family Law Section Position on HB 5467: Support with Recommended Amendments.
Family Law Section Position on HB 5468: Support with Recommended Amendments.
Family Law Section Position on HB 5469: Support with Recommended Amendments.
Family Law Section Position on HB 5470: Support with Recommended Amendments.
Family Law Section Position on HB 5471: Support with Recommended Amendments.

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 4638 (Register of Deeds Records, Copy of Original Instrument Verified by Affidavit), HB 4639 (Of Alienation by Deed, Recording Affidavit and Copy of Original Conveyance), and HB 4640 (Recording Copy of Original Conveyance) were reported out of Senate Committee on Banking & Financial Institutions on May 15.
Real Property Law Section position on HB 4638 – HB 4640: Support.

The House concurred in the Senate substitute/amendment for HB 5154 (Preliminary Examinations) and HB 5155 (Preliminary Examinations) on May 13.
SBM Position on HB 5154: Support.
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 5383 (Expert Witness Testimony Concerning Chemical Testing) was reported out of House Judiciary with substitute H-2 on May 15.
Criminal Law Section Position on HB 5383: Oppose and Amend.

SB 628 (Crime Victim Statements) was enrolled and given immediate effect on May 14.

SB 845 (Arrest Warrants), SB 931 (Electronic Search Warrants), and SB 932 (Magistrate Motions) were reported out of Senate Judiciary on May 14.

Legislation Introduced 5/13 – 5/15
View all bills introduced 5/13-5/15
Of Interest to the Legal Community
HB 5582 Criminal procedure; sentencing; option of placing individual in prison under the Holmes youthful trainee act; eliminate. Amends sec. 13, ch. II of 1927 PA 175 (MCL 762.13).

HB 5583Family law; paternity; paternity revocation process for genetic father; include in revocation of paternity act. Amends secs. 3, 5 & 13 of 2012 PA 159 (MCL 722.1433 et seq.) & adds sec. 8.

Of General Interest
HB 5576 Labor; arbitration; certain local government arbitration awards; make subject to the oversight commission act. Amends sec. 10 of 1969 PA 312 (MCL 423.240).

HB 5580 Civil rights; open meetings; open meetings act regarding county commissioners; expand to require minutes to include all topics of discussion, and eliminate anonymity in voting. Amends sec. 9 of 1976 PA 267 (MCL 15.269).

Legislation Introduced 5/6 – 5/8
View all bills introduced 5/6-5/8
Of Interest to the Legal Community
HB 5522 Insurance; insurers; remedies for failure to timely pay benefits; expand to include attorney fee under certain circumstances. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2027a.

HB 5529 Courts; drug court; providing information to veteran regarding veteran benefits; require. Amends sec. 1074 of 1961 PA 236 (MCL 600.1074).

HB 5530 Criminal procedure; probation; presentence report to disclose status of individual as veteran; require and provide for forwarding of information to department of military and veterans affairs. Amends sec. 14, ch. XI of 1927 PA 175 (MCL 771.14).

HB 5531 Courts; other; veteran completing sobriety court program to meet with veteran service organization or county veteran counselor as part of program; require. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1085.

HB 5533 Criminal procedure; probation; veteran to meet with veteran service organization or county veteran counselor as condition of probation; require. Amends sec. 3, ch. XI of 1927 PA 175 (MCL 771.3).

HB 5537 Crimes; penalties; penalty for falsely signing a community service form for certain individuals; provide for. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 411x.

HB 5545 Criminal procedure; expunction; criminal record expunction for certain offenses; allow under certain circumstances. Amends secs. 1, 3 & 4 of 1965 PA 213 (MCL 780.621 et seq.).

HB 5560 Local government; other; publication of legal notices; revise, and create the local government public notice act. Creates new act.

HB 5561 Criminal procedure; evidence; certain requirements for retention of evidence; establish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 23 to ch. XVI.

SB 0931 Criminal procedure; warrants; district court magistrate to issue arrest warrant or search warrant electronically; allow. Amends secs. 1, 3 & 5 of 1966 PA 189 (MCL 780.651 et seq.).

SB 0932 Courts; judges; district court magistrates to decide motions to set aside default and requests to withdraw admission in civil infraction cases; allow under certain circumstances. Amends secs. 8511, 8512, 8512a & 8513 of 1961 PA 236 (MCL 600.8511 et seq.).

Of General Interest
HB 5532 Criminal procedure; other; individual to meet with veteran service organization or county veteran counselor as condition of parole; require. Amends sec. 36 of 1953 PA 232 (MCL 791.236).

HB 5558 Consumer protection; unfair trade practices; application of consumer protection act to unfair trade practices in insurance code; modify. Amends sec. 4 of 1976 PA 331 (MCL 445.904).

SB 0929 Businesses; limited liability companies; mergers and conversions involving nonprofit corporations; allow. Amends sec. 705a of 1993 PA 23 (MCL 450.4705a).

SB 0933 Consumer protection; unfair trade practices; application of consumer protection act to unfair trade practices in insurance code; modify. Amends sec. 4 of 1976 PA 331 (MCL 445.904).

New Public Acts

In the Hall of Justice

Michigan Supreme Court Releases Report on Problem-Solving Courts

Michigan Supreme Court Notice of Public Administrative Hearing

E-filing Survey Available to Receive Public Input

The Michigan Supreme Court will hold an administrative public hearing on Wednesday, May 28, 2014, from 9:30 a.m. to 11:30 a.m. in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. To reserve a place on the agenda, please notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, January 26, 2014.

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. 2012-11 - Proposed Amendment of MCR 6.302
This proposed amendment would add a harmless-error provision identical to that in FR Crim P 11(h).
SBM Position: Oppose.

ADM File No. 2013-03 - Proposed Amendment of MCR 2.302
The proposed amendment would clarify that discovery is available in postjudgment proceedings in domestic relations matters.
SBM Position: Support.

ADM File No. 2013-04 - Proposed Amendment of MCR 3.705
The proposed amendment of MCR 3.705(C) would prohibit publication of information on the Internet that could reveal the identity or location of the protected party.
SBM Position: Support.

ADM File No. 2013-19 - Proposed Amendment of MCR 3.602
The proposed changes of MCR 3.602 would apply to all other forms of arbitration that are not described in the newly adopted Revised Uniform Arbitration Act, MCL 691.1681 et seq.
SBM Position: Support.

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.

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