Public Policy Update from the State Bar of Michigan
October 14–20, 2013
Volume 11 Issue 42

In the Capitol
Committee meetings of interest for the week of 10/21
10/22 State Drug Treatment Court Advisory Committee

10/22 Senate Judiciary
Agenda:
HB 4064 Allow digital court records and electronically filing court papers;
HB 4532 Permit digital court records and electronically filing court papers as established by the supreme court;
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;
SB 628 Allow delivery of victim statement by parents of a minor under certain circumstances;
And any other business properly before the committee.
SBM position on HB 4064: Support.
Civil Procedure & Courts Committee position on HB 4064: Support.
SBM position on HB 4532: Support.
Negligence Law Section position on HB 4770 & HB 4771: Support.

10/23 House Criminal Justice
Agenda:
HB 5069 Provide exception of liability for damages if landlord enters premises if occupant is squatting;
HB 5070 Provide for definition of squatter, and provide penalties for squatting on certain premises;
HB 5071 Enact sentencing guidelines for crime of squatting;
HB 5050 Prohibit sale, purchase, installation, transfer, or possession of skimming devices, and provide penalties;
HB 5051 Provide for Michigan penal code to mirror penalties for violating similar provision of the identity theft protection act for penalties for identity theft using personal identifying information;
HB 5052 Enact sentencing guidelines for crime of recording personal identifying information from financial transaction device transaction by nonparty;
HB 5053 Expand jurisdiction for prosecution of certain crimes involving skimming devices;
HB 5054 Provide for sentencing guidelines for crime of selling, purchasing, installing, transferring, or possessing skimming device.

10/23 Senate Families, Seniors, and Human Services
Agenda:
HB 4646 Provide for general revisions for temporary placement, consent, and release;
HB 4647 Modify supervisory period for infants less than 1 year of age placed for adoption;
HB 4648 Clarify termination of rights of putative father;
HB 4659 Create responsible father registry;
HB 4660 Revise process by which putative fathers are identified or located in adoptions;
HB 4661 Require registration with the responsible father registry in order to receive notice of certain proceedings;
HB 4662 Revise notice to putative father regarding certain hearings;
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 523 Include qualified individual retirement accounts in financial institutions data match;
SB 524 Subject retirement accounts that are levied upon for child support to garnishment;
SB 525 Include qualified individual retirement accounts in financial institutions data match;
SB 526 Modify assignments of support process;
SB 527 Require payment of 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 allocation and distribution determination authority;
SB 530 Modify friend of the court powers and duties of office of child support, and provide other general amendments;
And any other business properly before the committee.
Children's Law Section position on HB 4646: Support and Amend.
Family Law Section position on HB 4646: Support and Amend.
Children's Law Section position on HB 4647: Support.
Family Law Section position on HB 4647: Support.
Children's Law Section position on HB 4648: Oppose.
Family Law Section position on HB 4648: Support and Amend.
Family Law Section position on HB 4659: Support.
Family Law Section position on HB 4660: Support.
Family Law Section position on HB 4661: Support.
Family Law Section position on HB 4662: Support.
Family Law Section position on SB 520: Oppose and Amend.
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

New Public Acts

Legislation Introduced 10/15–10/17
View all bills introduced 10/15–10/17

Of Interest to the Legal Community
HB 5078 Criminal procedure; sentencing guidelines; sentencing guidelines commission; reestablish. Amends 1927 PA 175 (MCL 760.1777.69) by adding secs. 32 & 33 to ch. IX.

HB 5082 Family law; parenting time; parenting coordinator; create. Amends 1970 PA 91 (MCL 722.21722.31) by adding sec. 7c.

SB 628 Crime victims; statements; delivery of victim statement by parents of a minor; allow under certain circumstances. Amends sec. 2 of 1985 PA 87 (MCL 780.752).

Of General Interest
SB 623 Businesses; nonprofit corporations; nonprofit corporation act; make general revisions. Amends secs. 103, 104, 105, 106, 107, 108, 109, 110, 121, 122, 123, 131, 132, 133, 141, 143, 151, 202, 209, 212, 215, 217, 221, 241, 242, 243, 246, 251, 261, 275, 301, 303, 304, 305, 307, 308, 309, 313, 317, 331, 332, 338, 402, 403, 404, 405, 407, 413, 415, 421, 422, 423, 441, 442, 444, 446, 451, 455, 461, 485, 487, 501, 505, 506, 511, 521, 523, 527, 528, 531, 541, 548, 551, 552, 553, 561, 562, 563, 565, 567, 569, 601, 602, 611, 615, 631, 641, 642, 643, 701, 707, 741, 753, 801, 804, 805, 811, 815, 817, 821, 823, 851, 855, 901, 911, 913, 922, 923, 925, 932, 1001, 1002, 1012, 1015, 1016, 1021, 1032, 1035, 1041, 1042, 1051, 1060, 1104, 1107, 1145 & 1162 of 1982 PA 162 (MCL 450.2103 et seq.); adds secs. 303a, 303b, 303c, 303d, 314, 336, 341a, 343, 344, 345, 392, 406, 408, 409, 412, 432, 447a, 466, 467, 468, 472, 473, 488, 489, 491a, 492a, 493a, 494, 495, 496, 497, 514, 515a, 529, 545a, 564a, 564b, 564c, 571, 703a, 706, 711, 712, 713, 724, 735, 736a, 745, 746, 751, 754, 841a, 842a, 1013 & 1056 & repeals secs. 312, 315, 361, 363, 365, 371, 411, 447, 481, 491, 492, 493, 515, 545, 546, 564, 703, 721, 722, 723, 731, 732, 736, 737, 825, 841, 842, 843 & 935 of 1982 PA 162 (MCL 450.2312 et seq.).

SB 624 Businesses; charitable organizations; act relating to dissolution of domestic charitable purpose corporations; provide for general revisions. Amends title & secs. 1 & 2 of 1965 PA 169 (MCL 450.251 & 450.252) & adds secs. 1a & 2a.

SB 625 Businesses; nonprofit corporations; definition of corporation in Michigan limited liability company act; include nonprofit corporations. Amends sec. 102 of 1993 PA 23 (MCL 450.4102).

SB 626 Controlled substances; marihuana; possession or use of 1 ounce or less of marihuana; decriminalize under certain circumstances. Amends secs. 7403 & 7404 of 1978 PA 368 (MCL 333.7403 & 333.7404).

In the Hall of Justice
"Judicial leaders" of Michigan trial courts, Court of Appeals named by Michigan Supreme Court; chief judges to promote efficiency, public service

Big Rapids High School to host Michigan Supreme Court on October 23

Honorable John A. Hohman Jr. of Monroe named State Court Administrator

Low-cost mediation, related services highlighted on "Conflict Resolution Day"

Other Actions
ADM File No. 2013-01—Appointment of Chief Judges
Issued: October 18, 2013
Terms commence: January 1, 2014

At the Bar
Sections and Committees
The Animal Law Section submitted public policy position reports on the following items:
Support: SB 29 Trade; hazardous substances; addition of bittering agent to antifreeze; require. Creates new act.

Support: SB 354 Animals; animal shelters; methods of euthanizing animals; restrict to injection of certain commercially prepared solutions. Amends 1969 PA 287 (MCL 287.331287.340) by adding sec. 8b.

The Negligence Law Section submitted a public policy position report for the following item:
Oppose: HB 4354 Torts; medical malpractice; emergency treatment rendered in a hospital; limit liability for. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2912i.

The Prisons & Corrections Section submitted a public policy position report for the following item:
Support: HB 4366 Labor; fair employment practices; job applications; eliminate reference to felony conviction. Creates new act.

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