Public Policy Update from the State Bar of Michigan
April 23–29, 2012
Volume 10 Issue 17

In the Capitol
Committee Meetings of Interest for the Week of 4/30
5/1 House Families, Children, and Seniors
Agenda: Testimony Only: SB 464 Require development of investigative protocols and abuse and neglect interview protocols for vulnerable adults by certain local agencies; SB 468 Prohibit magistrate from refusing to accept complaint because signed upon information and belief by individual other than the victim.
Elder Law & Disability Rights Section Position on SB 464: Support
Elder Law & Disability Rights Section Position on SB 468: Support

5/1 Senate Judiciary
Agenda: SB 1001 Provide for fee for collecting and processing child support withholdings; 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; For Testimony Only: SB 1092 Provide judgment liens for foreclosure; SB 978 Allow trust decanting; SB 979 Modify personal property trust perpetuities act to account for decanted trusts; SB 980 Revise powers of appointment; And any other business properly before the committee.
Family Law Section Position on SB 1001: Oppose
Probate & Estate Planning Position on SB 978–SB 980: Support in Principle

5/2 House Tax Policy
Agenda Item of Interest: HB 5154 Modify uniform principal and income act.
Probate & Estate Planning Section: Support

5/3 House Judiciary
Agenda: HB 5562 Enhance child abuse penalties, and provide penalties for crimes involving the commission of child abuse in the presence of another child; HB 5563 Revise sentencing guidelines for crime of first degree and second degree child abus, and provide penalties for crimes involving the commission of child abuse in the presence of another child; HB 4591 Require no-carry zone violations compliance by individuals licensed out of state; HB 5282 Expand transportation of firearms for lawful purpose; HB 5322 Allow individual at sporting clays range to transport or possess a firearm in a vehicle; 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.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/24–4/26
View all bills introduced 4/24-4/26
Of Interest to the Legal Community
HB 5551 Courts; funding; mileage reimbursement rate for juror; increase. Amends sec. 1344 of 1961 PA 236 (MCL 600.1344).

HB 5552 Courts; funding; juror compensation; allow reimbursement if funding unit pays increased mileage. Amends sec. 151e of 1961 PA 236 (MCL 600.151e).

HB 5575 Corrections; parole; procedures for objection by judge of parole for prisoner; revise. Amends sec. 34 of 1953 PA 232 (MCL 791.234).

HB 5578 Civil procedure; evictions; eviction procedures and personal property disposal act; enact. Creates new act.

SB 1096 Cities; other; failure to pay civil fine and costs imposed by a city administrative hearings bureau; penalize under certain circumstances. Amends sec. 4q of 1909 PA 279 (MCL 117.4q).

SB 1099 Civil procedure; garnishment; garnishment for failure to pay fines or costs ordered under the home rule cities act; provide for. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 4027.

SB 1100 Civil procedure; foreclosure; power of a home rule city's department of administrative hearings to foreclose on property; establish. Amends sec. 4r of 1909 PA 279 (MCL 117.4r).

SB 1102 Probate; trusts; insurable interest amendments to the uniform trust code; provide for. Amends 1998 PA 386 (MCL 700.1101700.8206) by adding sec. 7114.

SB 1103 Insurance; life; insurable interests; amend insurance code to provide for insurable interest of trustees. Amends 1956 PA 218 (MCL 500.100500.8302) by adding sec. 2210a.

At the Bar
SBM President Urges Legal Community to Highlight the Importance of our Courts in Law Day Message

February 2012 Bar Exam Admission Ceremonies

Less Partisanship, More Transparency: Bipartisan Task Force Calls for Improved Supreme Court Selection Process

Sections and Committees
The Appellate Practice Section submitted a Public Policy position report on the following item:
Support and Amend: 2011-30 Proposed Amendment of Rules 5.801, 7.102, 7.103, 7.108, and Rule 7.109 of the Michigan Court Rules The proposed amendments were submitted to this Court by the State Bar of Michigan Probate and Estate Planning Section in conjunction with the Michigan Judges Association, Michigan Probate Judges Association, and the Michigan Court of Appeals. The proposed changes would direct that all appeals from probate court be considered by the Court of Appeals instead of some orders being appealed to the Court of Appeals and other orders being appealed to the circuit court.

The Children's Law Section submitted a Public Policy position report on the following item:
Oppose: HB 5374 Appropriations; zero budget; department of human services; provide for fiscal year 2012-2013. Creates appropriation act.

The Negligence Law Section submitted Public Policy position reports on the following items:
Oppose: SB 0901 Civil procedure; alternate dispute resolution; condominium act; revise arbitration provisions to reflect adoption of uniform arbitration act. Amends sec. 144 of 1978 PA 59 (MCL 559.244).

Oppose: SB 0902 Civil procedure; alternate dispute resolution; arbitration; make arbitration provisions of the revised judicature act subject to uniform arbitration act. Amends sec. 5070 of 1961 PA 236 (MCL 600.5070); adds sec. 5037 to ch. 50 & repeals (See bill).

Oppose: SB 0903 Civil procedure; alternate dispute resolution; uniform arbitration act; enact. Creates new act.

Federal News
Violence Against Women Act Reauthorization Bill Passed by Senate
(Washington Post, 4/26/12)

State News
Emergency Manager Ballot Issue Rejected, Now It's Headed for the Courts
(Detroit Free Press, 4/27/12)
See also:
EM Referendum Off November Ballot, Opponents Vow Appeal
(Detroit News, 4/27/12)

Bridge Petition Joins a Crowded Field
(Detroit News, 4/27/12)

Panel Recommends Less Partisanship in Michigan Supreme Court Elections
(Crain's Detroit Business, 4/26/12)

Petition Goal: Make Taxes Tougher to Hike
(Detroit Free Press, 4/24/12)

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