Public Policy Update from the State Bar of Michigan
May 21–27, 2012
Volume 10 Issue 21

In the Capitol
The Michigan House of Representatives has scheduled a tentative session day for June 1 at 10:00 a.m.
House Session Schedule

Committee Meetings of Interest for the Week of 5/28
5/29 Conference Committee on SB 0957, FY13 Judiciary Budget
Agenda: SB 957 Judiciary Budget for fiscal year 2012-2013. Members: Senators Proos, Kahn, Johnson; Representatives Cotter, Forlini and Tlaib

5/29 Conference Committee on SB 0951, FY13 Corrections Budget
Agenda: SB 951 Department of Corrections Budget for fiscal year 2012-2013. Members: Senators Proos, Kahn, Anderson; Representatives Haveman, MacMaster and Lindberg.

5/29 Conference Committee on SB 0956, FY13 Department of Human Services Budget
Agenda: SB 956 Department of Human Services Budget for fiscal year 2012-2013. Members: Senators Caswell, Kahn, Gregory; Representatives Agema, MacMaster, Jackson.

5/29 Senate Judiciary
Agenda: SB 246 Revise juvenile competency standards; SB 247 Clarify juvenile competency and culpability; SB 1096 Penalize failure to pay civil fine and costs imposed by a city administrative hearings bureau under certain circumstances; SB 1097 Allow cities to make ineligible for zoning approvals for persons delinquent in paying blight violation fines; SB 1098 Allow cities to make ineligible for construction code approval for persons delinquent in paying blight violation fines; SB 1099 Provide for garnishment for failure to pay fines or costs ordered under the home rule cities act; SB 1100 Establish power of a home rule city's department of administrative hearings to foreclose on property; For Testimony Only: HB 5284 Expand definition of computer to include certain electronic communication devices; HB 4928 Allow affidavits to correct errors or omissions relating to previously recorded documents; And any other business properly before the committee.
SBM Position on SB 246 & SB 247: Support SB 0246, SB 0247
Criminal Law Section Position on SB 246 & SB 247: Support and Recommend Amendments.
Criminal Jurisprudence & Practice Committee Positionon SB 246 & SB 247: Adopt the Criminal Law Section position.
Justice Policy Initiative Position on SB 246 & SB 247: Adopt the Criminal Law Section position.
Real Property Law Section Position on HB 4928: Oppose.

5/29 Senate Insurance
Agenda: SB 1115 Modify and clarify procedures for entry of damage awards; SB 1116 Enact physician judgment rule; SB 1117 Include nonlicensed health care providers as persons to whom medical malpractice provisions of the revised judicature act apply; SB 1118 Revise statute of limitations period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs; And any other business properly before the committee.

5/31 House Judiciary
Agenda: HB 5128 Create business court; SB 551 Prohibit possession or use of cellular telephone or wireless device by prisoner in correctional facility, and provide penalties; SB 552 Amend 1981 PA 7 to prohibit distribution, possession, or use of cellular telephone or other wireless communication device in a jail and provide a penalty; SB 698 Allow district judges, district court magistrates, and probate judges to perform marriages anywhere in the state; SB 699 Authorize and require fee charged by probate judge to perform marriages to be paid to probate court in county where ceremony is performed; SB 700 Authorize state court administrative office to set fee charged by district judges and magistrates to perform marriages and require fee to be paid to district court in the district where wedding is performed; HB 5658 Clarify use of inmate labor in correctional industries; SB 861 Eliminate sunset for boot camp program.
Business Law Section Position on HB 5128: Support Substitute of HB 5128

Complete Committee Meeting List

New Public Acts

Legislation Introduced 5/22–5/24
View all bills introduced 5/22-5/24
Of Interest to the Legal Community
HB 5662 Torts; medical malpractice; cap on noneconomic damages; revise if defendant has engaged in certain conduct. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

HB 5669 Torts; medical malpractice; procedures for entry of damage awards; modify and clarify. Amends secs. 1483, 2959, 6306 & 6307 of 1961 PA 236 (MCL 600.1483 et seq.) & adds sec. 6306a.

HB 5670 Torts; medical malpractice; physician judgment rule; enact. Amends sec. 2912a of 1961 PA 236 (MCL 600.2912a).

HB 5671 Torts; medical malpractice; persons to whom medical malpractice provisions of the revised judicature act apply; include nonlicensed health care providers. Amends secs. 2169 & 2912 of 1961 PA 236 (MCL 600.2169 & 600.2912).

HB 5672 Torts; medical malpractice; statute of limitations; revise period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs. Amends secs. 2912e, 5852 & 6013 of 1961 PA 236 (MCL 600.2912e et seq.).

SB 1136 Torts; medical malpractice; cap on noneconomic damages; revise if defendant has engaged in certain conduct. Amends sec. 1483 of 1961 PA 236 (MCL 600.1483).

SB 1137 Torts; medical malpractice; damages; provide for double damages if defendant engages in certain misconduct. Amends sec. 6306 of 1961 PA 236 (MCL 600.6306).

SB 1138 Health; occupations; internet reporting of statistics of complaints and disciplinary actions regarding physicians and other health professionals; require. Amends secs. 16241 & 20175 of 1978 PA 368 (MCL 333.16241 & 333.20175).

SB 1139 Occupations; physicians; requiring patient to agree not to post a negative comment online as prerequisite to providing medical services; prohibit. Amends 1978 PA 368 (MCL 333.1101333.25211) by adding secs. 17019, 17519 & 20204.

Of General Interest
HJR UU Taxation; other; constitutionally dedicated replacement of personal property revenue; provide for under certain circumstances. Amends sec. 43, art. IX of the state constitution.

SB 1140 Corrections; parole; parole swift and sure sanctions act; create. Amends 1953 PA 232 (MCL 791.201791.285) by adding ch. IIIB.

SB 1141 Criminal procedure; probation; sanctions to probation violations; implement. Amends 1927 PA 175 (MCL 760.1777.69) by adding ch. XIA.

In the Hall of Justice
Rule Amendments
2006-04—Amendment of Rule 3.204 of the Michigan Court Rules
The amendment of MCR 3.204 removes the requirement to file a new action as a supplemental complaint, which allows trial courts to consolidate cases in a way that is more compatible with trial court case management systems.
Issued: May 24, 2012
Effective: September 1, 2012

2006-47—Amendment of Rule 1.109 of the Michigan Court Rules
This amendment explicitly allows for the use of an electronic signature, and allows notarization by electronic process.
Issued: May 24, 2012
Effective: Immediately

2012-05—Retention and Revision of New Rule 3.616 of the Michigan Court Rules
New MCR 3.616 implements the judicial action requirements of 2011 PA 225, the Young Adult Voluntary Foster Care Act, MCL 400.641 et seq.

This Court adopted the new rule to become effective April 1, 2012, to coincide with implementation of the Department of Human Services' new program to provide continuing voluntary foster care for youth between the ages of 18 and 21, which will begin operating on April 1, 2012. Having this new court rule in place will enable Michigan to receive federal Title IV-E funding for that program.

By this same order, the Court is inviting public comment to allow interested persons an opportunity to comment and to provide an opportunity to be heard at a future public hearing. This will allow the Court to consider amending the rule in response to any comments that it receives.
Issued: May 24, 2012
Action: Retained adoption of MCR 3.616 (from order that entered 2/01/12), and further amended MCR 3.616, effective immediately.

Other Actions
2010-33—Proposed Adoption of New Rule 3.220 of the Michigan Court Rules
Issued: May 24, 2012
Action: Declined to adopt and closed the file.

At the Bar
SBM's Nancy Brown to Receive Gov. Swainson Award for the Michigan Legal Milestones Program

Federal News
Supreme Court Faces Pressure to Reconsider Citizens United Ruling
(Washington Post, 5/20/12)
See also:
22 States Join Campaign Finance Fight
(Detroit News, 5/21/12)

State News
House to Take Up Income Tax Cut Measures Today
(Detroit News, 5/29/12)
See also:
Michigan's State Government Budget: 5 Things to Watch This Week
(Mlive.com, 5/27/12)
More for Movies, Less for Heating Assistance in State Budget
(Detroit News, 5/25/12)
Pensions for New Teachers Saved Under Michigan House Committee Vote, Budget Deal
(Mlive.com, 5/25/12)
Michigan Republican Tax Relief Plan Would Kick in Oct. 1 Under Soon-To-Be Introduced Legislation
(Mlive.com, 5/24/12)

One Year After Man's Rape Conviction of Two Girls Was Overturned, Michigan Supreme Court Reinstates It
(Mlive.com, 5/25/12)

Election Law Bills Advance to House Floor Despite Loud Protests
(Detroit News, 5/23/12)
See also:
Voter Advocates Fight Legislation
(Livingston Daily, 5/23/12)
Michigan Rep. Pete Lund: Protestors Were 'Used' and 'Didn't Understand' Election Reform Bills
(Mlive.com, 5/22/12)

Medical Malpractice Bills Would Make it Harder to Sue Doctors; Boosters Hope to Improve Access to Care
(Mlive.com, 5/23/12)

Legislation Aims to Fight Blight in Detroit, Other Michigan Cities with Threat of Jail Time
(Mlive.com, 5/23/12)

U-M Law Study: 2,000 Convicted Then Exonerated in 23 Years
(Mlive.com, 5/21/12)

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