Public Policy Update from the State Bar of Michigan
October 7-13, 2013
Volume 11 Issue 41

In the Capitol
Committee meetings of interest for the week of 10/14
10/15 Senate Government Operations
Agenda Item of Interest:
HB 4704 Clarify challenging an approved budget.
SBM Position: Oppose.
Civil Procedure & Courts Committee Position: Oppose.

10/15 Senate Judiciary
Agenda:
SB378 Require of animal abuse registry by animal control shelters and animal protection shelters when allowing an animal adoption, and prohibit animal control shelters and animal protection shelters from allowing a person listed on an animal abuse registry to adopt an animal;
SB386 Require court to prohibit ownership of animals by a person convicted by certain crimes against animals for a period of at least 5 years;
SB581 Amend day parole act to correct citation reference for verification of school enrollment or employment of individual released from jail to attend school or for employment purposes;
SB582 Increase penalties for intentionally discharging a firearm from vehicle or at a dwelling or a potentially occupied structure under certain circumstances;
SB583 Enact sentencing guidelines for increased penalties for crime of intentionally discharging a firearm from a motor vehicle or at a dwelling or potentially occupied structure;
SB603 Allow access by animal shelter to certain criminal history record information through ICHAT without a fee for purposes of animal adoption;
SB604 Require animal shelters to deny adoptions under certain circumstances, and allow animal shelters to consider prior criminal history before adoption;
SB610 Allow manufacture, possession, or transfer of certain short-barreled shotguns or rifles;
And any other business properly before the committee.
Animal Law Section Position on SB 0386: Support.

10/16 House Criminal Justice
Agenda:
HB 4792 Provide for sentencing guidelines for crime of committing a moving violation causing death of vulnerable roadway user;
HB 4799 Enhance penalties for moving violation causing physical injury or death to a vulnerable roadway user;
HB 4981 Provide for use of registration plate reader system under certain circumstances;
SB 76 Prohibit loitering within 1,000 feet of day care center, and regulate certain other conduct in school safety zones;
SB 77 Enact sentencing guidelines for crime of registered sex offender loitering within 1,000 feet of a day care center;
SB 471 Prohibit dissemination of juvenile criminal history record information under certain circumstances.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/8 – 10/10
View all bills introduced 10/8-10/10
Of Interest to the Legal Community
HB 5069 Property; other; liability for damages if landlord enters premises; provide exception if occupant is squatting. Amends secs. 2918, 5711 & 5714 of 1961 PA 236 (MCL 600.2918 et seq.).

Of General Interest
HB 5061 Animals; animal shelters; animal shelters to deny adoptions under certain circumstances; require, and allow animal shelters to consider prior criminal history before adoption. Amends sec. 1 of 1969 PA 287 (MCL 287.331) & adds sec. 8c.

HB 5062 Law enforcement; reports; access by animal shelter to certain criminal history record information through ICHAT; allow without a fee for purposes of animal adoption. Amends sec. 3 of 1935 PA 120 (MCL 28.273).

HB 5063 Criminal procedure; prosecuting attorneys; prosecuting attorneys to report charges of animal abuse to department of state police; require for purposes of animal adoption. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 1 to ch. XVI.

SB 0603 Law enforcement; reports; access by animal shelter to certain criminal history record information through ICHAT; allow without a fee for purposes of animal adoption. Amends sec. 3 of 1935 PA 120 (MCL 28.273).

SB 0604 Animals; animal shelters; animal shelters to deny adoptions under certain circumstances; require, and allow animal shelters to consider prior criminal history before adoption. Amends sec. 1 of 1969 PA 287 (MCL 287.331) & adds sec. 8c.

SB 0605 Criminal procedure; prosecuting attorneys; prosecuting attorneys to report charges of animal abuse to department of state police; require for purposes of animal adoption. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 1 to ch. XVI.

In the Hall of Justice
Medical marijuana case on the docket for Michigan Supreme Court’s first oral arguments of 2013-2014 term

At the Bar
United States District Court for the Eastern District of Michigan Gives Notice of New Rule and Proposed Amended Rules

Sections and Committees
The Family Law Section submitted public policy position reports on the following items:
Support and Amend: HB 4881 Family law; marriage and divorce; name change upon solemnization of marriage; make gender-neutral. Creates new act.

Support: HB 4909 Family law; marriage and divorce; prohibition on same-sex marriage; remove. Amends secs. 2, 3 & 9 of 1846 RS 83 (MCL 551.2 et seq.) & repeals secs. 1 & 4 of 1846 RS 83 (MCL 551.1 & 551.4).

Support: HB 4910 Family law; marriage and divorce; prohibition of same-sex marriage; remove from foreign marriage act. Amends secs. 1 of 1939 PA 168 (MCL 551.271) & repeals sec. 2 of 1939 PA 168 (MCL 551.272).

Support: HJR V Family law; marriage and divorce; constitutional prohibition of same-sex marriage and civil unions; repeal. Repeals sec. 25, art. I of the state constitution.

Support: SB 0405 Family law; marriage and divorce; prohibition on same-sex marriage; remove. Amends secs. 2, 3 & 9 of 1846 RS 83 (MCL 551.2 et seq.) & repeals sec. 1 & 4 of 1846 RS 84 (MCL 551.1 & 551.4).

Support: SB 0406 Family law; marriage and divorce; prohibition on same-sex marriage; remove from foreign marriage act. Amends sec.1 of 1939 PA 168 (MCL 551.271) & repeals sec. 2 of 1939 PA 168 (MCL 551.272).

Support: SB 0457 Children; adoption; second parent adoption; provide for. Amends secs. 24 & 51, ch. X of 1939 PA 288 (MCL 710.24 & 710.51).

Oppose and Amend: SB 0519 Civil procedure; other; fines, costs, and other indebtedness to courts; require SCAO to establish a database, and require civil litigants to check database before paying or collecting on a judgment. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 1477.

Oppose and Amend: SB 0520 Crime victims; restitution; restitution orders for crime of nonpayment of support; clarify. Amends sec. 165 of 1931 PA 328 (MCL 750.165).

Support and Amend: SB 0521 Family law; child support; authority of friend of the court to issue subpoenas for show cause and notice to appear; allow, and provide for other general amendments. Amends secs. 31, 32, 33, 37, 44 & 45 of 1982 PA 295 (MCL 552.631 et seq.) & adds sec. 36.

Support: SB 0522 Family law; child support; certain fees; repeal. Repeals secs. 14a & 23 of 1952 PA 8 (MCL 780.164a & 780.173).

Support: SB 0526 Family law; child support; assignments of support process; modify. Amends sec. 5d of 1982 PA 295 (MCL 552.605d).

Support: SB 0527 Civil procedure; costs and fees; fees for actions involving child custody, support, or parenting time; require payment at time action is filed. Amends sec. 2529 of 1961 PA 236 (MCL 600.2529).

Support: SB 0528 Gaming; lottery; distribution of lottery winnings for child support arrearages; update to reflect payment to the state disbursement unit. Amends sec. 32 of 1972 PA 239 (MCL 432.32).

Support: SB 0529 Family law; child support; allocation and distribution determination authority; modify. Amends sec. 3 of 1971 PA 174 (MCL 400.233).

Support: SB 0530 Family law; friend of the court; powers and duties of office of child support; modify, and provide other general amendments. Amends secs. 9, 12, 13, 15, 22 & 26 of 1982 PA 294 (MCL 552.509 et seq.).

Support: SJR W Family law; marriage and divorce; constitutional prohibition of same-sex marriage and civil unions; repeal. Repeals sec. 25, art. I of the state constitution.

The Real Property Law Section submitted public policy position reports on the following items:
Support and Amend: HB 4355 Housing; condominium; auditing requirements; modify. Amends sec. 57 of 1978 PA 59 (MCL 559.157).

Support: HB 4638 Records; public; copy of original instrument verified by affidavit; create presumption of compliance with recording act. Amends sec. 1 of 1937 PA 103 (MCL 565.201).

Support: HB 4639 Records; public; recording affidavit and copy of original conveyance; allowing for indexing under names of parties to the conveyance. Amends sec. 28 of 1846 RS 65 (MCL 565.28).

Support: HB 4640 Records; public; recording copy of original conveyance; specify requirements for accompanying affidavit. Amends sec. 1a of 1915 PA 123 (MCL 565.451a).

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