Public Policy Update from the State Bar of Michigan
April 15-21, 2013
Volume 11 Issue 16

In the Capitol
Committee meetings of interest for the week of 4/22
4/23 House Regulatory Reform
Agenda Item of Interest: HB 4528 Revise regulation of immigration clerical assistants.

4/23 Senate Judiciary
Agenda: SB 211 Provide presumption for certain firefighters regarding occupational cancer;
HB 4127 Allow GPS bail monitoring of certain offenders;
HB 4177 Revise reference to vulnerable adult abuse in first degree murder statute; And any other business properly before the committee.

4/24 House Criminal Justice
Agenda: HB 4083 Create Michigan crime stoppers act, and provide for criminal assessments to fund crime stopper activities;
HB 4441 Revise certain provisions in the natural resources and environmental protection act regarding operating a vessel while intoxicated or impaired or with an unlawful bodily alcohol content;
HB 4442 Revise sentencing guidelines for operating vessel while intoxicated or impaired or with an unlawful bodily alcohol content;
HB 4443 Prohibit operation of a snowmobile by certain individuals under the influence of alcoholic liquor or a controlled substance;
HB 4444 Revise sentencing guidelines for operating snowmobile under influence of alcoholic liquor;
HB 4445 Prohibit operation of an off-road vehicle by certain individuals under the influence of or visibly impaired by alcohol or a controlled substance;
HB 4446 Enact sentencing guidelines for operating ORV under influence of or visibly impaired by alcohol or a controlled substance.

4/25 House Financial Liability Reform
Agenda Item of Interest: HB 4319 Establish health reimbursement account, and require contributions under certain circumstances.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/9 – 4/11
View all bills introduced 4/9-4/11
Of Interest to the Legal Community
HB 4528 Occupations; immigration clerical assistants; regulation of immigration clerical assistants; revise. Amends title & secs. 3, 13, 17 & 21 of 2004 PA 161 (MCL 338.3453 et seq.) & repeals secs. 4, 7, 9 & 15 of 2004 PA 161 (MCL 338.3454 et seq.).

HB 4529 Criminal procedure; defenses; statewide standards and accountability measures of trial-level indigent criminal defense services; implement, and create the Michigan indigent defense commission act. Creates new act.

HB 4530 Criminal procedure; other; appointment of counsel to indigent person charged with felony; modify. Amends sec. 16, ch. XV of 1927 PA 175 (MCL 775.16).

HB 4532 Courts; records; digital court records and electronically filing court papers; permit as established by the supreme court. Amends secs. 832, 859 & 1427 of 1961 PA 236 (MCL 600.832 et seq.).

SB 0293 Probate; wills and estates; power of personal representative of a decedent's estate; provide access to certain online accounts. Amends sec. 3715 of 1998 PA 386 (MCL 700.3715).

SB 0300 Criminal procedure; defenses; statewide standards and accountability measures of trial-level indigent criminal defense services; implement, and create the Michigan indigent defense commission act. Creates new act.

SB 0301 Criminal procedure; other; appointment of counsel to indigent person charged with felony; modify. Amends sec. 16, ch. XV of 1927 PA 175 (MCL 775.16).

SB 0305 Juveniles; truancy; family division of the circuit court to notify secretary of state of truancy disposition; provide for. Amends 1939 PA 388 (MCL 710.21 - 712A.32) by adding sec. 2f to ch. XIIA.

Of General Interest
HB 4500 Torts; defenses; openness and obviousness of condition; establish as issue of comparative fault only. Amends sec. 2959 of 1961 PA 236 (MCL 600.2959).

HB 4501 Crimes; other; obtaining service or property by fraud or deception; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 296.

HB 4502 Criminal procedure; sentencing guidelines; sentencing guidelines for obtaining service or property by fraud or deception; enact. Amends sec. 16o, ch. XVII of 1927 PA 175 (MCL 777.16o).

HB 4509 Labor; fair employment practices; local regulations that conflict with federal labor laws; prohibit. Creates new act.

HB 4534 Animals; animal shelters; use of animal abuse registry by animal control shelters and animal protection shelters when allowing an animal adoption; require, and prohibit animal control shelters and animal protection shelters from allowing a person listed on an animal abuse registry to adopt an animal. Amends 1969 PA 287 (MCL 287.331 - 287.340) by adding sec. 8b.

HB 4535 Criminal procedure; other; animal abuse offenders registry; create. Creates new act.

HB 4543 Civil rights; open meetings; catastrophic claims association; make subject to open meetings act. Amends secs. 2 & 3 of 1976 PA 267 (MCL 15.262 & 15.263).

SB 0303 Human services; services or financial assistance; family independence assistance program group's compliance with compulsory school attendance; require in order to receive assistance. Amends sec. 57b of 1939 PA 280 (MCL 400.57b).

SB 0304 Education; attendance; local truancy policies; require adoption and implementation by schools and prosecutors. Amends sec. 1599 of 1976 PA 451 (MCL 380.1599) & adds sec. 1590.

SB 0306 Traffic control; driver license; certain school attendance requirements to maintain driver license; establish. Amends secs. 303 & 319 of 1949 PA 300 (MCL 257.303 & 257.319).

SB 0309 Torts; nonmedical malpractice; affidavit of merit; require for malpractice action against architect or professional engineer. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2912i.

In the Hall of Justice
Hon. Stephen P. Carras appointed chief judge of Midland courts

Other Actions
2013-01 - Appointment of Chief Judge of the 42nd Circuit Court, the 75th District Court, and the Midland County Probate Court
Issued: April 16, 2013
Term ending: December 31, 2013

2012-36 - Assignment of Business Court Judges in the 3rd Circuit Court (Wayne)
Issued: April 16, 2013
Terms ending: April 1, 2019

At the Bar
The State Bar of Michigan’s Public Policy, Image, and Identity Committee and Board of Commissioners will meet Friday, April 26. For more information, please contact pcunningham@mail.michbar.org

SBM Representative Assembly to Meet April 27 in Lansing

SBM Paralegal/Legal Assistant Section to Host Annual Day of Education May 3 in Lansing

SBM Young Lawyers Section to Host Sixth Annual Summit

Sections and Committees
The Elder Law & Disability Rights Section submitted a public policy position report on the following item:
Support: HB 4013 Human services; medical services; use of pooled trusts for medicaid eligibility; authorize. Amends sec. 106 of 1939 PA 280 (MCL 400.106) & adds sec. 106b.

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