Public Policy Update from the State Bar of Michigan

July 3, 2023
Volume 21, Issue 27

In the Capitol

Recent Legislative Action:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4120 (Child Protection Law, Distribution Of Training Package To Individuals Designated As Mandatory Reporters For Child Abuse) has been signed by the governor and is Public Act 46.
Family Law Section Position on HB 4120: Support.

HB 4293 (An Act To Prohibit The Marriage Of A Person Under 16 Years Of Age) passed the House 104 to 5 on June 21 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Family Law Section Position on HB 4293: Support.

HB 4294 (An Act Establishing The Minimum Ages For Contracting Marriages) passed the Senate 31 to 6 on June 28.
Family Law Section Position on HB 4294: Support.

HB 4295 (An Act To Provide For The Issuance Of Marriage Licenses And Certificates Without Publicity) passed the Senate 34 to 3 on June 27.
Family Law Section Position on HB 4295: Support.
Probate & Estate Planning Section Position on HB 4295: Oppose as Introduced.

HB 4296 (An Act To Release Legally Married Minors From Parental Control & To Determine Their Marital Rights & Duties) passed the Senate 37 to 0 on June 27.
Family Law Section Position on HB 4296: Support.

HB 4297 (Estates And Protected Individuals Code, References To A “Married Minor”) passed the House 104 to 5 on June 21 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Family Law Section Position on HB 4297: Support.
Probate & Estate Planning Section Position on HB 4297: Oppose as Introduced.

HB 4298 (Safe Families For Children Act, Reference To "Marriage Of Minor Child") passed the House 104 to 5 on June 21 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Family Law Section Position on HB 4298: Support.

HB 4299 (An Act To Define The Rights And Responsibilities Of Hotels And Bed And Breakfasts, Marriage License As Documentation Of Emancipation) passed the Senate 37 to 0 on June 27.
Family Law Section Position on HB 4299: Support.

HB 4300 (Of Divorce, Action To Annul A Marriage Based On Legal Age Of Consent) passed the Senate 37 to 0 on June 27.
Family Law Section Position on HB 4300: Support.

HB 4301 (An Act To Establish The Status Of Minors) passed the House 104 to 5 on June 21 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Family Law Section Position on HB 4301: Support.
Probate & Estate Planning Section Position on HB 4301: Oppose as Introduced.

HB 4644 (A Bill To Adopt The Uniform Power Of Attorney Act) passed the House 104 to 4 on June 27 and has been referred to the Senate Committee on Civil Rights, Judiciary & Public Safety.
Elder Law & Disability Rights Section Position on HB 4644.

SB 14 (Administrative Procedures Act Of 1969, Prohibition On Adoption Of Rules By State Agencies) passed the House 56 to 42 on June 28.
Animal Law Section Position on SB 14: Support.

SB 73 (Freedom Of Information Act, Identity Of Parties Proceeding Anonymously In Civil Actions Alleging Sexual Misconduct) was enrolled and now awaits the governor’s signature.
SBM Position on SB 73: Support.

SB 134 (Revised Judicature Act Of 1961, Specialty Court Authorization To Issue A Restricted License Requiring An Ignition Interlock Device) was reported out of the House Committee on Criminal Justice without amendment on June 27.
SBM Position on SB 134: Support.
Criminal Law Section Position on SB 134: Support.

SB 135 (Michigan Vehicle Code, Issuance Of A Restricted License Requiring The Installation Of Ignition Interlock Device And Specialty Court Admission) was reported out of the House Committee on Criminal Justice without amendment on June 27.
SBM Position on SB 135: Support.
Criminal Law Section Position on SB 135: Support.

SB 148 (An Act To License And Regulate Dealers In And Research Facilities Using Dogs And Cats For Research Purposes) passed the Senate 27 to 10 on June 28.
Animal Law Section Position on SB 148: Support.

SB 149 (An Act To License And Regulate Dealers In And Research Facilities Using Dogs And Cats For Research Purposes) passed the Senate 31 to 6 on June 28.
Animal Law Section Position on SB 149: Support.

SB 209 (An Act To Prohibit The Marriage Of A Person Under 16 Years Of Age) passed the House 103 to 5 on June 28.
Family Law Section Position on SB 209: Support.

SB 212 (Estates And Protected Individuals Code, References To A “Married Minor”) passed the House 103 to 5 on June 28.
Family Law Section Position on SB 212: Support.

SB 213 (An Act To Establish The Status Of Minors, Right For Emancipated Minor To Marry) passed the House 103 to 5 on June 28.
Probate & Estate Planning Section Position on SB 213: Oppose as Introduced.

SB 377 (The Code Of Criminal Procedure, Duties Of The Michigan Sentencing Commission) passed the House 56 to 52 on June 28.
SBM Position on SB 377: Support with Amendments.

At the Court

RULE AMENDMENTS
ADM File No. 2022-34: Amendments of MCR 3.913, 3.943, 3.977, and 3.993 and Addition of Rule 3.937
The amendments of MCR 3.913 and MCR 3.943 and addition of MCR 3.937 provide greater due process protections for juveniles in the justice system by ensuring that they are fully advised of their appellate rights at appropriate times and in a manner that is designed to ensure understanding of those rights. The amendments of MCR 3.977 and MCR 3.993 extend the timeframe for requesting appointment of appellate counsel to 21 days, which mirrors the timeframe for filing a claim of appeal in cases subject to those rules.
Issued: 6/28/23
Effective: 9/1/23

PROPOSED AMENDMENTS
ADM File No. 2022-34: Proposed Amendments of MCR 3.993 and 6.428
The proposed amendment of MCR 3.993 would provide for the restoration of appellate rights in juvenile cases, similarly to that of criminal cases under MCR 6.428, and the proposed amendments would further ask parties to provide the Court of Appeals with a copy of the order when filing the appeal.
Issued: 6/28/23
Comment Period Expires: 10/1/23

APPOINTMENTS
ADM File No. 2023-01: Appointment of Chief Judge of the 59th District Court
Issued: 6/28/23
Effective: Immediately

NEWS
‘Reunification Day’ Celebrates Putting Families Back Together

At the Bar

NEWS

Learn more about Rule 21
New resources are available to help Michigan attorneys understand their obligations under Rule 21 — and even fulfill its requirements.

Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
MCL Search Engines