Public Policy Update from the State Bar of Michigan
June 3-9, 2013
Volume 11 Issue 23

Focus: Legislature Approves 2013-2014 Budget
The Michigan Legislature approved the FY14 budget, which begins October 1, 2013, this past week. This included $283.4 million gross in the final judiciary budget. The final judiciary budget included $1 million for a fund encouraging courts to adopt best practices. This is less than the $4 million recommended by Governor Rick Snyder, but the legislature used $3 million on court fee shortfalls. The final judiciary budget was rolled into an omnibus budget in HB 4328 (The judiciary portion of the budget begins on page 468.)
Mich. Lawmakers Wrap Up $49B Budget Without Extra Road, Medicaid Funds
(Detroit News, 6/4/13)
See also:
Michigan Legislature Finishes Approving $49B Budget
(Detroit Free Press, 6/4/13)
Michigan Senate Approves State Budget, But Questions Remain on Road Funding and Medicaid
(Mlive.com, 6/4/13)

In the Capitol

Committee meetings of interest for the week of 6/10
6/11 Senate Judiciary
Agenda:
SB 105 Provide for collection of DNA samples at time of arrest for committing or attempting to commit a felony offense in DNA identification profiling system;
SB 106 Provide for collection of DNA samples at time of arrest for committing or attempting to commit a felony offense in probate code of 1939;
SB 107 Provide for collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense in Michigan penal code;
HB 4262 Revise prohibitions against carrying certain weapons;
SB 410 Require certain records of probation to be provided to the Michigan commission on law enforcement standards;
SB 411 Create Michigan commission on law enforcement standards (MCOLES), and provide for powers and duties of that commission;
SB 412 Revise administration of Michigan justice training fund to reflect changes made under the Michigan commission on law enforcement standards act;
HB 4613 Modify requirement for lawful reentry by landlord in case of death of tenant;
SB 325 Create uniform child abduction prevention act;
And any other business properly before the committee.
SBM Position on SB 105 – SB 107: Oppose.
Criminal Issues Initiative Position on SB 105 – SB 107: Oppose.
Criminal Jurisprudence & Practice Committee Position on SB 105 – SB 107: Oppose.
Family Law Section Position on SB 325: Support.

6/13 House Judiciary
Agenda:
HB 4545 Prohibit practice of soliciting business at scene of vehicle accident, emergency, or disablement, and designate as a civil infraction;
HB 4636 Clarify requirement for paying restitution to deceased crime victim;
HB 4724 Exclude veteran disability compensation from marital estate;
HB 4770 Establish requirements for gaining access to motor vehicle accident reports within 30 days of the report being filed, and provide penalties for noncompliance;
HB 4771 Prohibit intentionally contacting individual who has sustained personal injury or family member of that individual with direct solicitation to provide service under certain circumstances and provide a penalty;
HB 4772 Establish sentencing guidelines for crime of unlawfully accessing motor vehicle accident report.
Family Law Section Position on HB 4724: Oppose.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 5/1 – 5/31
View all bills introduced 5/1-5/31
Of Interest to the Legal Community
HB 4694 Courts; circuit court; mental health court; create. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding ch. heading & secs. 1090, 1091, 1092 & 1093.

HB 4695 Courts; circuit court; mental health court; create. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 1097 & 1098.

HB 4696 Courts; circuit court; mental health court; create. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 1094, 1095 & 1096.

HB 4697 Courts; circuit court; mental health court; create. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding secs. 1099 & 1099a.

HB 4704 Counties; financing; challenging an approved budget; clarify. Amends secs. 16 & 18 of 1968 PA 2 (MCL 141.436 & 141.438).

Of General Interest
HB 4720 Criminal procedure; sentencing guidelines; description of crimes involving leaving child unattended; amend. Amends sec. 16g, ch. XVII of 1927 PA 175 (MCL 777.16g).

HB 4724 Family law; marriage and divorce; veteran disability compensation; exclude from marital estate. Amends sec. 18 of 1909 PA 259 (MCL 552.18).

HB 4726 Worker's compensation; benefits; amount available for funeral or burial expenses; increase. Amends sec. 345 of 1969 PA 317 (MCL 418.345).

HB 4727 Education; discipline; cyberbullying to be defined and addressed in anti-bullying policy; require, and require certain reporting. Amends sec. 1310b of 1976 PA 451 (MCL 380.1310b).

HB 4758 Criminal procedure; sex offender registration; individual found not guilty of a listed offense by reason of insanity to be placed on sex offender registry; require. Amends sec. 2 of 1994 PA 295 (MCL 28.722).

HB 4762 Civil procedure; other; municipal civil infraction procedures; include certain civil offenses. Amends sec. 8701 of 1961 PA 236 (MCL 600.8701).

HB 4763 Traffic control; traffic regulation; use of automated traffic enforcement safety devices at certain intersections; allow. Amends secs. 727c & 741 of 1949 PA 300 (MCL 257.727c & 257.741) & adds div. heading & adds secs. 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761 & 762.

HB 4770 Law enforcement; reports; requirements for gaining access to motor vehicle accident reports within 30 days of the report being filed; establish, and provide penalties for noncompliance. Amends 1949 PA 300 (MCL 257.1 - 257.923) by adding sec. 503.

HB 4771 Crimes; other; intentionally contacting individual who has sustained personal injury or family member of that individual with direct solicitation to provide service; prohibit under certain circumstances and provide a penalty. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 410b.

HB 4772 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of unlawfully accessing motor vehicle accident report; establish. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x).

SB 0377 Criminal procedure; other; animal abuse offenders registry; create. Creates new act.

SB 0378 Animals; animal shelters; use of animal abuse registry by animal control shelters and animal protection shelters when allowing an animal adoption; require, and prohibit animal control shelters and animal protection shelters from allowing a person listed on an animal abuse registry to adopt an animal. Amends 1969 PA 287 (MCL 287.331 - 287.340) by adding sec. 8b.

SB 0386 Crimes; animals; ownership of animals by a person convicted by certain crimes against animals; require court to prohibit for a period of at least 5 years. Amends secs. 49, 50 & 50b of 1931 PA 328 (MCL 750.49 et seq.).

Legislation Introduced 6/4 – 6/6
View all bills introduced 6/4/-6/6
Of Interest to the Legal Community
HB 4800 Civil procedure; foreclosure; judicial foreclosure; require for certain residential mortgages. Amends secs. 3201 & 3240 of 1961 PA 236 (MCL 600.3201 & 600.3240) & adds secs. 3117 & 3118.

HB 4806 Criminal procedure; sentencing; life offense where accused is a minor; revise factors to consider. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 33 to ch. IX.

HB 4807 Juveniles; criminal procedure; criteria for waiving jurisdiction over juvenile to adult court or disposition; revise. Amends sec. 18, ch. XIIA of 1939 PA 288 (MCL 712A.18).

HB 4808 Crimes; penalties; mandatory life imprisonment for certain crimes; eliminate to reflect United States supreme court decision in Miller v Alabama. Amends secs. 16, 18, 200i, 204, 207, 209, 210, 211a, 316, 436, 520b & 543f of 1931 PA 328 (MCL 750.16 et seq.).

HB 4809 Corrections; parole; parole board review process; modify. Amends secs. 34, 34c, 35 & 44 of 1953 PA 232 (MCL 791.234 et seq.).

Of General Interest
HB 4801 Human services; medical services; state assistance for prescriptions; prohibit for individual convicted of crime involving controlled substances. Amends sec. 109 of 1939 PA 280 (MCL 400.109).

HB 4802 Human services; services or financial assistance; use of systematic alien verification for entitlements (SAVE) program as eligibility determination; require. Amends 1939 PA 280 (MCL 400.1 - 400.119b) by adding sec. 10g.

SB 0412 Law enforcement; funds; administration of Michigan justice training fund; revise to reflect changes made under the Michigan commission on law enforcement standards act. Amends secs. 1, 2, 3, 4, 5, 6 & 8 of 1982 PA 302 (MCL 18.421 et seq.); adds sec. 7 & repeals sec. 9 of 1982 PA 302 (MCL 18.429).

In the Hall of Justice
Rule Amendments
2011-25 – Retention of Amendment and Additional Amendment of Rule 3.101 of the Michigan Court Rules
The Court retains the amendment of MCR 3.101, which extended the effective period for a writ of garnishment. This order further adopts a similar conforming amendment of MCR 3.101(F).
Issued: June 5, 2013
Effective: Immediately

2012-19 – Amendments of Rules 3.913, 3.963, 3.965, and 3.974 of the Michigan Court Rules
The changes of MCR 3.913, 3.963, 3.965, and 3.974 incorporate the statutory changes enacted in 2012 Public Act 163.
Issued: June 5, 2013
Effective: September 1, 2013

2012-27 – Amendment of Rule 8.110 of the Michigan Court Rules
The amendment of MCR 8.110 updates the rule to reflect today’s emphasis on collaboration and local sharing of resources, and the revisions also clarify who is required to fulfill the statutory “chief” probate judge obligations.
Issued: June 5, 2013
Effective: September 1, 2013

2012-28 – Amendment of Rule 7.203 of the Michigan Court Rules
Under 2012 PA 333, an order by a court in which a case is assigned to a business court is not subject to appeal by right or leave in the Court of Appeals. That prohibition is codified in MCR 7.203(D). Note that the decision to assign a case to a business court is appealable to the court’s chief judge under the amendment of MCR 2.112 adopted in ADM File No. 2012-36.
Issued: June 5, 2013
Effective: September 1, 2013

2012-35 – Amendment of Rule 8.111 of the Michigan Court Rules
The amendment of MCR 8.111 clarifies that reassignment under a concurrent jurisdiction plan or family court plan is effective on the date of the reassignment, and the successor judge will handle not only the new cases that are filed in that court, but also will preside over any matters then pending and postjudgment matters that arise. A court will be required to submit a local administrative order to the State Court Administrative Office describing the revised caseload distribution when a reassignment occurs.
Issued: June 5, 2013
Effective: September 1, 2013

2012-36 – Amendment of Rule 2.112 and Rule 8.119 of the Michigan Court Rules
The amendments of MCR 2.112 provide a means to identify business court cases and the placement of those matters on the business court docket. The amendment of MCR 8.119 allows business court opinions to be published.
Issued: June 5, 2013
Effective: September 1, 2013

2012-36 – Adoption of Administrative Order No. 2013-6
The administrative order establishes procedures for courts that are required to or choose to implement a business court.
Issued: June 5, 2013
Effective: September 1, 2013

At the Bar
The State Bar of Michigan’s Public Policy, Image, and Identity Committee will meet Tuesday, June 11. The Board of Commissioners will meet Friday, June 14. For more information, please contact pcunningham@mail.michbar.org
The June 2013 issue of the Michigan Bar Journal is now available online.
United States District Court for the Eastern District of Michigan Gives Notice of Amended Rules and Proposed New Rule

Sections and Committees
The Animal Law Section submitted a public policy position on the following items:
Support: HB 4300 Crimes; animals; ownership, possession, breeding, sale, and importing of nonhuman primates as pets; prohibit under certain circumstances and provide penalty. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 70a.

Support: HB 4534 Animals; animal shelters; use of animal abuse registry by animal control shelters and animal protection shelters when allowing an animal adoption; require, and prohibit animal control shelters and animal protection shelters from allowing a person listed on an animal abuse registry to adopt an animal. Amends 1969 PA 287 (MCL 287.331 - 287.340) by adding sec. 8b.

Support: HB 4535 (Santana) Criminal procedure; other; animal abuse offenders registry; create. Creates new act.

The Family Law Section submitted a public policy position on the following items:
Support: HB 4659 Family law; paternity; responsible father registry; create. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 2892, 2892a, 2892b, 2892c, 2892d & 2892e.

Support: HB 4660 Children; adoption; process by which putative fathers are identified or located in adoptions; revise. Amends secs. 22, 31 & 36, ch. X of 1939 PA 288 (MCL 710.22 et seq.).

Support: HB 4661 Children; adoption; registration with the responsible father registry in order to receive notice of certain proceedings; require. Amends sec. 33, ch. X of 1939 PA 288 (MCL 710.33).

Support: HB 4662 Children; parental rights; notice to putative father regarding certain hearings; revise. Amends sec. 37, ch. X of 1939 PA 288 (MCL 710.37).

Oppose: HB 4724 Family law; marriage and divorce; veteran disability compensation; exclude from marital estate. Amends sec. 18 of 1909 PA 259 (MCL 552.18).

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