Public Policy Update from the State Bar of Michigan
October 17–23, 2011
Volume 9 Issue 43

In the Capitol
Committee Meetings of Interest for the Week of 10/24
10/25 House Commerce
Agenda: HB 5002 Modify definition of disability and conditions on compensation for covered injuries.
Workers' Compensation Section: Offer Amendments

10/26 Senate Appropriations
Agenda item of interest: SB 759 Provide for transfer of certain revenue from the juror compensation fund into the general fund.

10/25 Senate Judiciary
Agenda: SB 524 Expand "Good Samaritan" law to include certified lifeguards; SB 767 Provide immunity for school employees for use of an automated external defibrillator;
For Testimony Only: SB 545 Require a divorce effects program before entry of judgment of divorce; SB 546 Require premarriage program or longer waiting period as prerequisite for issuance of a marriage license; SB 547 Require child parenting plan in child custody disputes; SB 548 Exempt certain clergy and religious practitioners from licensing requirement for engaging in the practice of marriage and family therapy; SB 549 Require statement of whether parties have received premarital education in marriage certificate.
State Bar of Michigan Position: Oppose SB 547
Family Law Section Position: Oppose SB 547

10/27 House Judiciary
Agenda: HB 5073 Reduce certain district court judgeships: eliminate 1 of 5 district judgeships in 54th-A District (Lansing); eliminate 1 of 5 district judgeships in 68th district (Flint); HB 5093 Reduce certain probate court and district court judgeships: eliminate 1 of 3 probate judgeships in Kalamazoo; eliminate 1 of 2 district judgeships in 7th district (Van Buren); HB 5103 Reduce, and reorganize certain district court districts: eliminate 1 of 2 district judgeships in 25th District (Lincoln Park), eliminate 1 of 2 district judgeships in 33rd District (Trenton/Grosse Ile/Brownstown Twp), eliminate 1 of 3 district judgeships in 48th District (Birmingham/West Bloomfield Twp), eliminate 2 of 4 district judgeships in 50th District, merge Royal Oak (now 44th District) into 43th District (Ferndale/Hazel Park/Madison Heights) with 5 judges as of 1/2/2015 and then eliminate 1 of the 5 district judgeships, merge the 45th-A District (Berkley) and the 45th-B District (Oak Park/Huntington Woods) into the 45th District with 3 district judges on 1/1/2012, and then eliminate 1 of the 3 judgeships; HB 5105 Reduce certain circuit court and district court judgeships: eliminate 1 of 61 circuit judgeships in the 3rd Circuit (Wayne) as of 1/1/13; eliminate 1 of 3 district judges in the 4th election division of the 52nd District (Oakland/Troy), eliminate 1 of 2 district judgeships in 71st-A District (Lapeer) as of 1/1/13.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/18–10/20
View all bills introduced 10/18–10/20

Of Interest to the Legal Community
HB 5091 Courts; circuit court; requirement for circuit court to consent to appointment of assistant prosecutor by the prosecutor in certain cases; eliminate. Amends sec. 1 of 1911 PA 41 (MCL 49.41). TIE BAR WITH: HB 5092'11

HB 5092 Courts; circuit court; requirement for circuit court to consent to appointment of assistant prosecutor by prosecuting attorney in certain cases; eliminate. Amends sec. 18, ch. XVI of 1927 PA 175 (MCL 776.18). TIE BAR WITH: HB 5091'11

HB 5093 Courts; judges; certain probate court and district court judgeships; reduce in number. Amends secs. 803 & 8116 of 1961 PA 236 (MCL 600.803 & 600.8116).

HB 5094 Courts; judges; certain district court judgeships; reduce in number. Amends secs. 8152, 8153 & 8154 of 1961 PA 236 (MCL 600.8152 et seq.).

HB 5095 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 542 & 8160 of 1961 PA 236 (MCL 600.542 & 600.8160).

HB 5101 Courts; judges; certain trial court judgeships; reduce in number. Amends secs. 524, 8146 & 8148 of 1961 PA 236 (MCL 600.524 et seq.).

HB 5102 Courts; judges; circuit court judgeships; reduce in number, and reorganize certain circuits. Amends secs. 525, 549d & 550a of 1961 PA 236 (MCL 600.525 et seq.).

HB 5103 Courts; judges; district court judgeships; reduce, and reorganize certain district court districts. Amends secs. 8121 & 8123 of 1961 PA 236 (MCL 600.8121 & 600.8123).

HB 5104 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 519 & 8139 of 1961 PA 236 (MCL 600.519 & 600.8139).

HB 5105 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 504, 8123 & 8136 of 1961 PA 236 (MCL 600.504 et seq.).

HB 5106 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 526 & 8161 of 1961 PA 236 (MCL 600.526 & 600.8161).

HB 5107 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 543 & 8140 of 1961 PA 236 (MCL 600.543 & 600.8140).

HB 5108 Courts; judges; probate court judgeships; reduce in number. Amends secs. 803, 805, 8112, 8132, 8156 & 8159 of 1961 PA 236 (MCL 600.803 et seq.).

HB 5112 Courts; funding; expenditures from court equity fund; require best practices. Amends sec. 151b of 1961 PA 236 (MCL 600.151b).

HB 5113 Courts; district court; population requirement for sitting of district court; eliminate, and provide for distribution of certain fines and costs. Amends sec. 8379 of 1961 PA 236 (MCL 600.8379) & repeals sec. 8251 of 1961 PA 236 (MCL 600.8251).

SB 759 Courts; funding; transfer of certain revenue from the juror compensation fund into the general fund; provide for. Amends sec. 151d of 1961 PA 236 (MCL 600.151d).

Of General Interest
HB 5081 Commercial code; other; general revisions to article 1 of the uniform commercial code; provide for. Amends heading of pt. 1 & secs. 1101, 1102, 1103, 1106, 1201, 1202, 1203, 1204, 1205, 1206, 2103, 2202, 2A103, 2A501, 2A518, 2A519, 2A527, 2A528, 3103, 4104, 4A105, 4A106, 4A204, 5103, 8102 & 9102 of 1962 PA 174 (MCL 440.1101 et seq.); adds heading for pt. 3 & secs. 1108, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309 & 1310 & repeals secs. 1105, 1107, 1207, 1208, 1209, 1210, 1211, 2208 & 2A207 of 1962 PA 174 (MCL 440.1105 et seq.)

HB 5082 Commercial code; warehouse receipts; general revisions to article 7 of the uniform commercial code; provide for. Amends secs. 1201, 2103, 2104, 2310, 2323, 2401, 2503, 2505, 2506, 2509, 2605, 2705, 2A103, 2A514, 2A526, 4104, 4210, 7101, 7102, 7103, 7104, 7105, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7210, 7301, 7302, 7303, 7304, 7305, 7307, 7308, 7309, 7401, 7402, 7403, 7404, 7501, 7502, 7503, 7504, 7505, 7506, 7507, 7508, 7509, 7601, 7602, 7603, 8103, 9102, 9203, 9207, 9208, 9301, 9310, 9312, 9313, 9314, 9317, 9338 & 9601 of 1962 PA 174 (MCL 440.1201 et seq.) & adds sec. 7106 & pt. 7.

HB 5083 Commercial code; secured transactions; general revisions to article 9 of the uniform commercial code; provide for. Amends secs. 2A103, 9102, 9105, 9307, 9311, 9316, 9317, 9326, 9406, 9408, 9502, 9503, 9507, 9515, 9516, 9518, 9521 & 9607 of 1962 PA 174 (MCL 440.2803 et seq.); adds pt. 8 to art. 9 & repeals art. II of 1962 PA 174 (MCL 440.11101440.11102).

In the Hall of Justice
Proposed Amendments
2010-25—Proposed Amendment of Rule 7.210 of the Michigan Court Rules
This amendment was proposed by James Neuhard, former director of the State Appellate Defender Office. The proposed amendment would require trial courts to become the depository for exhibits offered in evidence (whether those exhibits are admitted or not), instead of requiring parties to submit exhibits offered in evidence when a case is submitted to the Court of Appeals on a claim of appeal.
Issued: October 20, 2011
Comment period expires: February 1, 2012
Public hearing: To be scheduled

Administrative Orders
REVISED Administrative Order No. 2010-3—File No. 2002-37
Revised E-filing Pilot Project in Oakland Circuit Court, Family Division
Issued: October 20, 2011
Effective: This revised administrative order supersedes the order that entered March 16, 2010, and continues in effect until December 31, 2012, or until further order of the Court.

REVISED Administrative Order No. 2007-3—File No. 2002-37
Revised E-filing Pilot Project in Oakland Circuit Court
Issued: October 20, 2011
Effective: This revised administrative order supersedes the order that entered June 19, 2007, and continues in effect until July 31, 2013, or until further order of the Court; this order also rescinds Administrative Order No. 2009-1, effective immediately.

Administrative Order No. 2011-6—File No. 2002-37
E-filing Pilot Project in Oakland Probate Court
Issued: October 20, 2011

Effective: September 1, 2011, or as soon thereafter as possible, and remains in effect until July 31, 2013, or further order of the Court.

At the Bar
Sections and Committees
The Elder Law and Disability Rights Section submitted Public Policy positions on the following items:
Oppose: HB 4936 Insurance; no-fault; coverage and benefits; make miscellaneous changes. Amends secs. 3101, 3104, 3107, 3113, 3114, 3115, 3135, 3157, 3163 & 3172 of 1956 PA 218 (MCL 500.3101 et seq.) & adds secs. 1245, 3107c & 3178.

Support: SB 455 Criminal procedure; sentencing guidelines; sentencing guidelines for certain fraud violations; revise. Amends secs. 16i & 16o, ch. XVII of 1927 PA 175 (MCL 777.16i & 777.16o).

Support: SB 457 Counties; employees and officers; county medical examiner to establish an elder death review team; allow. Amends secs. 1c, 2 & 3 of 1953 PA 181 (MCL 52.201c et seq.).

Support: SB 459 Crimes; embezzlement; crime of obtaining signature by fraud and penalties for financial exploitation of vulnerable adults; increase under certain circumstances. Amends secs. 159g, 174a & 273 of 1931 PA 328 (MCL 750.159g et seq.).

Support: SB 461 Probate; guardians and conservators; miscellaneous provisions in EPIC regarding legally incapacitated and other protected and vulnerable individuals; revise. Amends secs. 2802, 2803, 2804, 5305, 5306, 5314, 5315, 5316, 5410, 5422, 5423 & 5501 of 1998 PA 386 (MCL 700.2802 et seq.) & adds secs. 5306a & 5319.

Support: SB 462 Health facilities; nursing homes; reporting requirements for abuse or neglect in nursing homes; modify. Amends sec. 21771 of 1978 PA 368 (MCL 333.21771).

Support: SB 464 Criminal procedure; other; development of investigative protocols and abuse and neglect interview protocols for vulnerable adults; require by certain local agencies. Amends sec. 11b of 1939 PA 280 (MCL 400.11b).

Support: SB 465 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of financial exploitation of vulnerable adult; revise to reflect increased penalties. Amends sec. 16i, ch. XVII of 1927 PA 175 (MCL 777.16i).

Support: SB 466 Law enforcement; reports; senior medical alert program; provide for. Creates new act.

Support: SB 467 Insurance; annuities; regulation of annuity sales; provide for. Amends secs. 4151, 4153, 4155 & 4165 of 1956 PA 218 (MCL 500.4151 et seq.); adds secs. 4158, 4159, 4160, 4161 & 4162 & ch. 41B & repeals sec. 4157 of 1956 PA 218 (MCL 500.4157).

Support: SB 468 Criminal procedure; arrests; complainant's signature requirement to file a criminal complaint in cases alleging vulnerable adult abuse; prohibit magistrate from refusing to accept complaint because signed upon information and belief by individual other than the victim. Amends sec. 1a, ch. IV of 1927 PA 175 (MCL 764.1a).

Support: SB 706 Insurance; life; use of senior-specific certification and professional designations by insurance producers; prohibit in certain cases. Amends 1956 PA 218 (MCL 500.100500.8302) by adding sec. 2007a.

State News
Lifetime Care Focus of No-Fault Fight
(Detroit News, 10/24/11)

House Panel Takes Up Report on Cutting Judiciary
(Lansing State Journal, 10/20/11)

Michigan Governor Considers Uses for Budget Surplus
(Lansing State Journal, 10/18/11)

Snyder Signs Law Ending Retiree Benefits for Future Lawmakers
(Detroit Free Press, 10/18/11)

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