Public Policy Update from the State Bar of Michigan
March 3, 2014
Volume 12 Issue 9

In the Capitol
Committee meetings of interest for the week of 3/3
3/4 Senate Judiciary, 2:00 PM, Farnum Room 110
Agenda:
SB 789 Eliminate concealed pistol licensing boards, and transfer duties to department of state police and county clerks **TESTIMONY ONLY**;
SB 790 Update reference in sentencing guidelines; update **TESTIMONY ONLY**;
HB 5154 Revise certain rules and procedures for conducting a preliminary examination;
HB 5155 Clarify district court’s jurisdiction in probable cause conferences in felony and misdemeanor cases; And any other business to come properly before the committee.
SBM Position on HB 5154: Support.
SBM Position on HB 5155: Support.
Criminal Law Section Position on HB 5155: Support and Amend.
Judicial Conference Position on HB 5155: See comments.

3/5 House Criminal Justice, 10:30 AM, House Office Building Room 327
Agenda:
HB 5230 Allow abatement for property used for human trafficking and make other general amendments;
HB 5233 Provide for forfeiture of property for certain human trafficking violations;
HB 5088 Require reporting certain methamphetamine-related offenses to department of state police, and prohibit sale of ephedrine or pseudoephedrine to individual convicted of methamphetamine-related offense without a prescription;
HB 5089 Prohibit purchasing or attempting to purchase ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine and provide a penalty;
HB 5090 Enact sentencing guidelines for crime of purchasing or attempting to purchase ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine;
And any other business to come properly before the committee.

3/5 House Appropriations: Judiciary, 12:00 PM, House Office Building Room 327
Agenda: Overview of the Michigan State Appellate Defender Office --Dawn Van Hoek, Director, State Appellate Defender Office; Overview of the Michigan Appellate Assigned Counsel System --Thomas M. Harp, Administrator, MAACS; or any business properly before this committee.

3/6 Senate Appropriations: Corrections Department, 9:00 AM, Capitol, Senate Appropriations Room

3/6 Senate Appropriations: Judiciary, 12:00 PM, Capitol, Senate Appropriations Room

Complete Committee Meeting List

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4638 (Register of Deeds Records, Copy of Original Instrument Verified by Affidavit), HB 4639 (Of Alienation by Deed, Recording Affidavit and Copy of Original Conveyance), and HB 4640 (Recording Copy of Original Conveyance) passed the House 106-4 on February 26.
Real Property Law Section position on HB 4638 – HB 4640: Support.

HB 4893 (Child Protection Law) was presented to the Governor on February 27.
Children’s Law Section Position: Support.

HB 5039 (Children's Ombudsman) advanced to the third reading with substitute H-2 on February 26 and passed the House 108 – 0 February 27.

HB 5155 (Preliminary Examinations) passed the House on February 25.
SBM Position: Support.
Criminal Law Section Position: Support and Amend.
Judicial Conference Position: See comments.

SB 0557 (Mental Health Code) was presented to the Governor on February 27.
SBM Position on SB 558: Support.
Prisons & Corrections Section Position on SB 557 & SB 558: Support.

SB 0558 (Mental Health Code) was presented to the Governor on February 27.
Criminal Jurisprudence & Practice Committee Position on SB 558: Support.
Prisons & Corrections Section Position on SB 557 & SB 558: Support.

 

Legislation Introduced 2/25 –2/27
View all bills introduced 2/25-2/27
Of General Interest
HB 5355 Weapons; other; no-carry zones; allow certain individuals with a personal protection order to carry concealed Amends sec. 5o of 1927 PA 372 (MCL 28.425o).

HB 5363 Crimes; controlled substances; purchasing or possessing ephedrine or pseudoephedrine knowing or having reason to know it is intended to be used to manufacture methamphetamine; prohibit, and provide a penalty. Amends sec. 17766c of 1978 PA 368 (MCL 333.17766c).

HB 5364 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of purchasing or possessing ephedrine or pseudoephedrine knowing that it is intended to be used to manufacture methamphetamine; enact. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n).

HB 5366 Probate; guardians and conservators; fiduciary access to digital assets act; enact. Amends secs. 5407 & 5415 of 1998 PA 386 (MCL 700.5407 & 700.5415) & adds sec. 5423a.

HB 5367 Probate; wills and estates; powers of personal representatives; enact fiduciary access to digital assets act. Amends secs. 3709 & 3715 of 1998 PA 386 (MCL 700.3709 & 700.3715) & adds secs. 3715a & 3723.

HB 5368 Probate; other; definitions relating to the fiduciary access to digital assets act; enact. Amends secs. 1103, 1104, 1106 & 1107 of 1998 PA 386 (MCL 700.1103 et seq.).

HB 5369 Probate; powers of attorney; authority or agent; enact fiduciary access to digital assets act. Amends sec. 5501 of 1998 PA 386 (MCL 700.5501) & adds sec. 5501a.

HB 5370 Probate; trusts; fiduciary access to digital assets act; enact. Amends sec. 7817 of 1998 PA 386 (MCL 700.7817) & adds sec. 7912a.

HB 5378 Consumer protection; unfair trade practices; application of Michigan consumer protection act to actions expressly permitted by law; clarify. Amends sec. 4 of 1976 PA 331 (MCL 445.904).

SB 0818 Insurance; no-fault; coverage and benefits; make miscellaneous changes and create an insurance fraud prevention authority. Amends title & secs. 102, 3101, 3104, 3107, 3157, 3301, 3330, 4501 & 6107 of 1956 PA 218 (MCL 500.102 et seq.) & adds secs. 3104a, 3107c & 3181 & ch. 63.

SB 0821 Taxation; other; local community stabilization authority; create. Creates new act & repeals 2012 PA 407 (MCL 123.1311 - 123.1330).

New Public Acts

 

In the Hall of Justice

Juvenile lifer cases, ethics charges against Wayne County judge to be heard by Supreme Court in oral arguments

John Nevin of Holt named Supreme Court Communications Director

At the Bar

Right to Counsel Panel Presentation April 1 in Detroit

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