Public Policy Update from the State Bar of Michigan
November 12-18, 2012
Volume 10 Issue 46

In the Capitol
Committee Meetings of Interest for the Week of 11/19
11/19 and 11/20 House Insurance
Agenda Items of Interest: SB 1293 Revise regulations applicable to nonprofit mutual disability insurer to accommodate merger with nonprofit health care corporation; SB 1294 Allow merger of corporation with a nonprofit mutual disability insurer, and provide procedures.
Elder Law & Disability Rights Section Position on SB 1293 and SB 1294: Oppose in current form; support of affordable Medigap plans, including legacy and subsidized plans, must be incorporated before reformation or conversion takes place.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
The Michigan Supreme Court will hold a public administrative hearing on Wednesday, November 28, 2012, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, November 26, 2012.
For SBM Positions, see last week's Public Policy Update.

Michigan Adoption Day 2012 to be held November 20

State News
Michigan Court Limits US Supreme Court Juvenile Lifer Ruling
(Lansing State Journal, 11/16/12)

Appeals Court Throws Out Michigan's Affirmative Action Ban
(Detroit Free Press, 11/16/12)

At the Bar
FOCUS: The Board of Commissioners met on November 16, 2012 at which time the State Bar of Michigan adopted the following Public Policy positions:

2012-12 Proposed Amendment of Rule 3.925 of the Michigan Court Rules
The proposed amendments of MCR 3.925 would clarify rules and procedures for retention and destruction of various records in juvenile cases.
SBM Position: Support

2012-13 Proposed Amendment of Rule 3.976 of the Michigan Court Rules
This proposed amendment would require a court to indicate on the record the reason that no petition for termination of parental rights need be filed, thus providing a record to future auditors who review the state's foster care program that the court explicitly chose the option.
SBM Position: Support

2012-20 Proposed Amendment of Rule 3.616 of the Michigan Court Rules
The proposed amendments of MCR 3.616 would provide that the files of a young adult foster care youth are confidential, but may be accessed by the youth and by DHS. The proposal further would eliminate the requirement that the petition and order be served on the previous court in which the youth's child protection case was disposed because the case is no longer active. This order also corrects numbering of subsection (F)(2)(i)-(iv) so that the subsections are labeled with letters (a)-(c).
SBM Position: Support

HB 5076 (Pettalia) Local government; budgets; challenging an approved budget; clarify. Amends secs. 16 & 18 of 1968 PA 2 (MCL 141.436 & 141.438).
SBM Position: Oppose

HB 5600 (Haveman) Juveniles; criminal procedure; set-aside convictions for juvenile adjudications; clarify eligibility. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).
SBM Position: Support the H-3 Substitute
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Brake, Buchanan, Buiteweg, Costello, Einhorn, Gilmer, Grieco, Johnson, Ludden, McGinnis, Nolan, Olsman, Pero, Rockwell, Rombach, Shovein, Siriani, Sullivan, Ulrich, Warnez, Williams, Courtade. Commissioners voting against the position: Cunningham. Commissioners abstaining: Hegarty, Riordan. Commissioners excused: Erhart, Haroutunian, Robinson.)

HB 5795 (Constan) Courts; records; digital court records and electronically filing court papers; allow. Amends secs. 832, 859, 1427, 2137 & 8344 of 1961 PA 236 (MCL 600.832 et seq.); adds secs. 1426 & 1428 & repeals 1949 PA 66 (MCL 780.221–780.225).
SBM Position: Support

HB 5813 (Damrow) Courts; other; audio recording of court proceedings by parties; allow. Amends 1961 PA 236 (MCL 600.101–600.9947) by adding sec. 1488.
SBM Position: Oppose
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Brake, Buiteweg, Cunningham, Einhorn, Gilmer, Grieco, Hegarty, Johnson, Ludden, McGinnis, Olsman, Pero, Riordan, Rockwell, Shovein, Siriani, Sullivan, Ulrich, Warnez, Williams, Courtade. Commissioners voting against the position: Buchanan, Costello, Nolan, Rombach. Commissioners excused: Erhart, Haroutunian, Robinson.)

SB 1296 (Schuitmaker) Civil procedure; statute of limitations; statute of repose for actions against an attorney-at-law or a law firm; enact. Amends sec. 5838 of 1961 PA 236 (MCL 600.5838) & adds sec. 5838b.
SBM Position: No position, but authorize the committees and sections to advocate their positions
(Position adopted by roll call vote: Commissioners voting in favor of the position: Allen, Brake, Buiteweg, Costello, Cunningham, Einhorn, Gilmer, Grieco, Hegarty, Johnson, Ludden, McGinnis, Nolan, Pero, Riordan, Rockwell, Rombach, Shovein, Siriani, Sullivan, Ulrich, Warnez, Williams. Commissioners voting against the position: Buchanan, Olsman, Courtade. Commissioners excused: Erhart, Haroutunian, Robinson.)

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