Public Policy Update from the State Bar of Michigan
May 13-19, 2013
Volume 11 Issue 20

Please note: Next week’s Public Policy Update will published on Tuesday, May 28 due to the holiday. Any interim questions can be directed to pcunningham@mail.michbar.org.

FOCUS: Revenues Higher Than Expected
Last Wednesday, May 15, the Consensus Revenue Estimating Conference projected a surplus of over $480 million in revenue.
Michigan’s Job, Tax Revenue Futures Brighten, Economists Say
(Detroit News, 5/16/13)
$483 Million Tax Windfall Brightens Michigan’s Budget Picture
(Detroit Free Press, 5/15/13)
Spending Debate Begins as Michigan Weighs $483M in Unexpected Tax Revenue
(Mlive.com, 5/15/13)

In the Capitol
Committee meetings of interest for the week of 5/20
5/21 House Elections & Ethics
Agenda Item of Interest:
HB 4478 Allow signature stamp, and define physical disability.

5/21 Senate Judiciary
Agenda:
SB 250 Increase penalties for assaulting certain health care professional;
SB 360 Enact sentencing guidelines for crime of assaulting or battering a health care professional;
HB 4382 Authorize guardians to execute do-not-resuscitate orders and provide other general amendments;
HB 4383 Revise citation to do-not-resuscitate orders;
HB 4384 Clarify guardian's authority to consent to a do-not-resuscitate order, and provide procedure;
HB 4064 Allow digital court records and electronically filing court papers;
HB 4532 Permit digital court records and electronically filing court papers as established by the supreme court;
SB 293 Provide power of personal representative of a decedent's estate access to certain online accounts;
SB 343 Provide for exemption for retired federal law enforcement officers to carry weapon in weapon-free zones; And any other business properly before the committee.
SBM Position on HB 4064: Support.
Civil Procedure & Courts Committee Position on HB 4064: Support.
SBM Position on HB 4532: Support.
Elder Law & Disability Rights Section Position on HB 4382: Support.
Elder Law & Disability Rights Section Position on HB 4383: Support.
Elder Law & Disability Rights Section Position on HB 4384: Support.

5/21 House Appropriations: Corrections
Agenda:
Reforms in the Department of Corrections: Testimony from Citizens for Prison Reform; Public Testimony.

5/22 House Criminal Justice
Agenda:
SB 221 Establish registration fee for nonincarcerated offenders on an annual basis (Testimony Only);
HB 4529 Implement statewide standards and accountability measures of trial-level indigent criminal defense services, and create the Michigan indigent defense commission act;
HB 4530 Modify appointment of counsel to indigent person charged with felony;
HB 4300 Prohibit ownership, possession, breeding, sale, and importing of nonhuman primates as pets under certain circumstances and provide penalty.
SBM Position on HB 4529: Support.
SBM Position on HB 4530: Support.

5/23 House Judiciary
Agenda:
Testimony regarding the Distribution of Medical Marihauna in Michigan.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 4/30 – 5/2
View all bills introduced 4/30-5/2
Of Interest to the Legal Community
HB 4636 Crime victims; rights; requirement for paying restitution to deceased crime victim; clarify. Amends secs. 16, 44 & 76 of 1985 PA 87 (MCL 780.766 et seq.).

HB 4646 Children; adoption; temporary placement, consent, and release; provide for general revisions. Amends secs. 23d, 29 & 44, ch. X of 1939 PA 288 (MCL 710.23d et seq.).

HB 4647 Children; adoption; supervisory period for infants less than 1 year of age placed for adoption; modify. Amends sec. 56, ch. X of 1939 PA 288 (MCL 710.56).

HB 4648 Children; adoption; termination of rights of putative father; clarify. Amends sec. 39, ch. X of 1939 PA 288 (MCL 710.39).

HB 4649 Human services; foster parents; resource families bill of rights; create. Amends sec. 3 of 1994 PA 203 (MCL 722.953) & adds sec. 8a.

HB 4650 Children; other; children's ombudsman to investigate violations of resource families bill of rights law; require. Amends secs. 2, 5a & 6 of 1994 PA 204 (MCL 722.922 et seq.).

HB 4659 Family law; paternity; responsible father registry; create. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 2892, 2892a, 2892b, 2892c, 2892d & 2892e.

HB 4660 Children; adoption; process by which putative fathers are identified or located in adoptions; revise. Amends secs. 22, 31 & 36, ch. X of 1939 PA 288 (MCL 710.22 et seq.).

HB 4661 Children; adoption; registration with the responsible father registry in order to receive notice of certain proceedings; require. Amends sec. 33, ch. X of 1939 PA 288 (MCL 710.33).

HB 4662 Children; parental rights; notice to putative father regarding certain hearings; revise. Amends sec. 37, ch. X of 1939 PA 288 (MCL 710.37).

HB 4679 Crime victims; rights; review by crime victim of certain documentation presented to parole board; allow. Amends secs. 19 & 21 of 1985 PA 87 (MCL 780.769 & 780.771).

HB 4680 Corrections; parole; review by crime victim of certain documentation presented to parole board; allow. Amends sec. 35 of 1953 PA 232 (MCL 791.235).

SB 0349 Mental health; other; mental health records and information sharing with national instant criminal background check system (NICS); require. Amends sec. 748 of 1974 PA 258 (MCL 330.1748).

Of General Interest
HB 4638 Records; public; copy of original instrument verified by affidavit; create presumption of compliance with recording act. Amends sec. 1 of 1937 PA 103 (MCL 565.201).

HB 4639 Records; public; recording affidavit and copy of original conveyance; allowing for indexing under names of parties to the conveyance. Amends sec. 28 of 1846 RS 65 (MCL 565.28).

HB 4640 Records; public; recording copy of original conveyance; specify requirements for accompanying affidavit. Amends sec. 1a of 1915 PA 123 (MCL 565.451a).

HB 4657 Family law; marriage and divorce; persons authorized to solemnize marriages; allow certain individual in a county clerk's office to perform. Amends sec. 7 of 1846 RS 83 (MCL 551.7).

In the Hall of Justice
State court reform plan outlined in Michigan Supreme Court’s 2012 Annual Report

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, May 29, 2013, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, Michigan 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, Michigan 48909, or by e-mail at MSC_clerk@courts.mi.gov, no later than Monday, May 27, 2013.
For SBM Positions, see last week’s Public Policy Update.

At the Bar
“Lawyer Trust Accounts: Management Principles and Recordkeeping Resources” Set for Tuesday, June 25 in Detroit

February 2013 Bar Exam Admission Ceremonies

In Memoriam: Robert B. Webster, 55th President of the State Bar of Michigan

Sections and Committees
The Elder Law & Disability Rights Section submitted a public policy position on the following item:
Oppose: HB 4612 Insurance; no-fault; coverage and benefits; make miscellaneous changes and create an insurance fraud prevention authority. Amends title & secs. 102, 3101, 3104, 3107, 3114, 3135, 3148, 3157, 3163, 3172, 3301, 3330, 4501 & 6107 of 1956 PA 218 (MCL 500.102 et seq.) & adds secs. 3104a, 3107c & 3181 & ch. 63.

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