Public Policy Update from the State Bar of Michigan
April 16–22, 2012
Volume 10 Issue 16

FOCUS: Experts Debate Supreme Court Decisions in Access to Effective Counsel Cases
On April 13, Dean Reuter, Vice-President of The Federalist Group, moderated a podcast with George Kendall and Dean Mazzone regarding the recent Supreme Court cases regarding effective assistance of counsel: Lafler v. Cooper and Missouri v. Frye.
Listen to the Podcast Online

In the Capitol
Committee Meetings of Interest for the Week of 4/23
4/24 House Families, Children, and Seniors
Agenda: SB 461 Revise guardians and conservators; miscellaneous provisions in EPIC regarding legally incapacitated and other protected and vulnerable individuals; HB 5441 Revise duties of guardian ad litem; Testimony Only: SB 454 Allow testimony of a vulnerable adult to be presented by videotape or closed-circuit television; SB 457 Allow county medical examiner to establish an elder death review team; SB 462 Modify reporting requirements for abuse or neglect in nursing homes.
SBM Position on SB 454: Support the bills provided that two-way interactive technology is used instead of video recording.
Elder Law & Disability Rights Section Position on SB 457: Support
Elder Law & Disability Rights Section Position on SB 461: Support
Elder Law & Disability Rights Section Position on SB 462: Support

4/24 Senate Judiciary
NOTE TIME CHANGE: Agenda: SB 901 Revise arbitration provisions in condominium act to reflect adoption of uniform arbitration act; SB 902 Make arbitration provisions of the revised judicature act subject to uniform arbitration act; SB 903 Enact uniform arbitration act; For Testimony Only: HB 4798 Enact sentencing guidelines for crime of coercing a female to have an abortion against her will; HB 4799 Prohibit coercing female to have an abortion against her will, and provide penalties; HB 5134 Require oral screening of individual seeking an abortion for coercion to abort and domestic violence; HB 5181 Provide for civil action for coercion of an abortion; HB 5182 Require department to create coercive abortion prevention materials and provide other general amendments; And any other business properly before the committee.
Alternative Dispute Resolution Section Position on SB 901–SB 903: Support
Elder Law & Disability Rights Section Position on SB 901–SB 903: Oppose

4/26 House Judiciary
NOTE TIME CHANGE: Agenda: HB 5431 Prohibit false report of medical or other emergency and provide for a penalty and reimbursement of certain expenses; HB 5432 Provide for reimbursement of certain expenses resulting from false reports of emergencies; HB 5433 Enact sentencing guidelines for crime of making false report of medical or other emergency; HB 5145 Establish intentionally discharging a firearm at a dwelling or an occupied structure as first degree murder; SB 630 Clarify retention and release of nonpublic records of an arrest, diversion, discharge, or dismissal of certain controlled substance cases; SB 631 Clarify retention of nonpublic records during period of diversion for a controlled substance violation; SB 632 Require retention of nonpublic records during period of diversion for a controlled substance violation; SB 633 Clarify retention of nonpublic records during period of diversion for certain crimes; SB 320 Allow ex parte emergency removal order allowing the department of human services to take protective custody of a child.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/17–4/19
View all bills introduced 4/17-4/19
Of Interest to the Legal Community
SB 1073 Civil procedure; evictions; eviction procedures and personal property disposal act; enact. Creates new act.

Of General Interest
SB 1065 Economic development; plant rehabilitation; eligible manufacturing personal property abatement; extend. Amends 1974 PA 198 (MCL 207.551207.572) by adding sec. 11a.

SB 1066 Economic development; other; eligible manufacturing personal property abatement for technology parks; extend. Amends 1984 PA 385 (MCL 207.701207.718) by adding sec. 12a.

SB 1067 Property tax; exemptions; existing exemptions for industrial personal property; continue. Amends sec. 9f of 1893 PA 206 (MCL 211.9f).

SB 1068 Economic development; enterprise zones; eligible manufacturing personal property abatement; extend. Amends 1985 PA 224 (MCL 125.2101125.2123) by adding sec. 21d.

SB 1069 Property tax; personal property; new industrial personal property; exempt. Amends 1893 PA 206 (MCL 211.1211.155) by adding sec. 9m.

SB 1070 Property tax; personal property; less than certain value; exempt. Amends 1893 PA 206 (MCL 211.1211.155) by adding sec. 9o.

SB 1071 Property tax; personal property; industrial personal property; exempt. Amends 1893 PA 206 (MCL 211.1211.155) by adding sec. 9n.

SB 1072 Taxation; other; reimbursement for revenue lost as a result of personal property exemption; provide for. Creates new act.

In the Hall of Justice
Exploding House Fueled Lawsuit to be Argued before Michigan Supreme Court in Marshall for 'Court Community Connections'

Michigan Supreme Court Releases 2011 Annual Report; State Courts' Performance, Efficiencies Highlighted

Proposed Amendments
2011-06 Proposed Amendment of MCR 2.603
The proposed amendment of MCR 2.603 would clarify that a court clerk could enter a default judgment if the requested damages are less than the amount claimed in the original complaint, to reflect payments that may have been made or otherwise credited.
Issued: April 18, 2012
Comment period expires: August 1, 2012

2012-10 Proposed Amendment of MCR 3.979
The proposed amendment of MCR 3.979 implements the judicial action requirements of 2011 PA 225 and 2011 PA 229 by: (1) acknowledging court jurisdiction over guardianships for which the Department of Human Services will continue providing subsidies after the wards reach age 18; and (2) requiring that the supervising courts conduct annual review hearings and make appropriate findings. Adoption of the proposed amendment will enable Michigan to receive federal Title IV-E funding for the post-18 guardianship program.
Issued: April 18, 2012
Comment period expires: August 1, 2012

At the Bar
SBM Young Lawyers Section to Host "Think Fast! Boot Camp for New Lawyers" on May 12

SBM's Leaders Discussed a Pipeline to Power for Women Lawyers in Michigan

Sixth Circuit Court of Appeals Proposed Rule Amendments

The Board of Commissioners met on April 20, 2012 at which time the State Bar of Michigan adopted the following Public Policy positions:

ADM File No. 2010-31 Proposed Amendment of Rule 5 of the Rules for the Board of Law Examiners
This proposed amendment would eliminate the requirement that an applicant for admission by motion be required to express an intention to maintain an office in the state. Michigan is among a minority of states that requires that assertion, and maintaining this provision has resulted in at least one state rejecting the petition for admission of a Michigan lawyer because Michigan retains this type of requirement.
SBM Position: Support the proposed amendment and request an effective date of January 1, 2012 to allow the legislature to act on a statutory change consistent with the proposed amendment. Support legislation to amend the statute to conform to the court rule.

ADM File No. 2012-05 Adoption of Rule 3.616 of the Michigan Court Rules
New MCR 3.616 implements the judicial action requirements of 2011 PA 225, the Young Adult Voluntary Foster Care Act, MCL 400.641 et seq.
SBM Position: Support.

HB 5159 Courts; circuit court; veterans treatment court; provide for the state drug treatment court advisory committee to monitor. Amends sec. 1082 of 1961 PA 236 (MCL 600.1082).
SBM Position: Support.

HB 5162 Courts; circuit court; veterans treatment court; create. Amends 1961 PA 236 (MCL 600.101–600.9947) by adding ch. 10B.
SBM Position: Support.

SB 0774 Civil procedure; small claims; representation by attorney in small claims court; allow. Amends secs. 8408 & 8412 of 1961 PA 236 (MCL 600.8408 & 600.8412).
SBM Position: Oppose.

Sections and Committees
The Probate & Estate Planning Section submitted Public Policy positions on the following items:
Support and Amend: House Substitute for SB 92 [S0101' 91 11 (H-2) Draft 1] Probate; powers of attorney; written acknowledgment of responsibilities by agent appointed under a power of attorney; require. Amends sec. 5501 of 1998 PA 386 (MCL 700.5501).

Support in Principle: SB 0978 (Schuitmaker) Probate; trusts; trust decanting; allow. Amends secs, 7103, 7401, 7602, 7603 & 7815 of 1998 PA 386 (MCL 700.7103 et seq.) & adds sec. 7820a.

Support in Principle: SB 0979 (Schuitmaker) Probate; trusts; personal property trust perpetuities act; modify to account for decanted trusts. Amends secs. 2 & 3 of 2008 PA 148 (MCL 554.92 & 554.93).

Support in Principle: SB 0980 (Schuitmaker) Probate; trusts; powers of appointment; revise. Amends secs. 2, 5, 12, 14 & 20 of 1967 PA 224 (MCL 556.112 et seq.) & adds sec. 5a.

State News
School Districts Around Michigan Worry About Impact of Personal Property Tax Repeal Proposal
(Mlive.com, 4/23/12)
See also:
Michigan Business, Republican Leaders Express Confidence in Personal Property Tax Repeal
(Mlive.com, 4/22/12)

Unlike Predecessors, 'Relentlessly Positive' Gov. Rick Snyder Reluctant to Use Veto Pen
(Mlive.com, 4/21/12)

New State Police Unit Makes Rape Kits Priority No. 1
(Detroit Free Press, 4/21/12)

Michigan House Debates Voter ID Law
(Lansing State Journal, 4/17/2012)

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