Public Policy Update from the State Bar of Michigan
May 14–20, 2012
Volume 10 Issue 20

Please note: Next week's Public Policy Update will published on Tuesday, May 29 due to the holiday. Any interim questions can be directed to pcunningham@mail.michbar.org.

FOCUS: May 2012 Revenue Estimating Conference
A Consensus Revenue Estimating Conference was held on May 16. The Treasury Department, House Fiscal Agency and Senate Fiscal Agenda agreed that the General Fund is expected to be up $33.9 million and the School Aid Fund up $112.5 million.
Consensus Revenue Executive Summary
House Fiscal Agency Revenue Review
Senate Fiscal Agency Revenue Review

FOCUS: 2010 Primary Election Materials
Candidates
2011 Maps of Michigan House Districts
U.S. Congressional Districts

In the Capitol
The Michigan Senate and House of Representatives have revised their schedules.
Senate Session Schedule
House Session Schedule

Committee Meetings of Interest for the Week of 5/21
5/22 State Drug Treatment Court Advisory Committee

5/22 Senate Insurance
Agenda Items of Interest: SB 1115 Modify and clarify procedures for entry of damage awards; SB 1116 Enact physician judgment rule; SB 1117 Include nonlicensed health care providers as persons to whom medical malpractice provisions of the revised judicature act apply; SB 1118 Revise statute of limitations period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs.
Negligence Law Section Position on SB 1116: Oppose
Negligence Law Section Position on SB 1117:
Support
Negligence Law Section Position on SB 1118:
Support

5/22 Senate Judiciary
Agenda: SB 809 Clarify eligibility for sobriety court; SB 94 Provide presumption for certain firefighters regarding occupational cancer; SB 895 Provide exemption for educational trusts and accounts from execution, garnishment, and attachment; For Testimony Only: SB 246 Revise juvenile competency standards; SB 247 Clarify juvenile competency and culpability; SB 1096 Penalize failure to pay civil fine and costs imposed by a city administrative hearings bureau under certain circumstances; SB 1097 Allow cities to make ineligible for zoning approvals for persons delinquent in paying blight violation fines; SB 1098 Allow cities to make ineligible for construction code approval for persons delinquent in paying blight violation fines; SB 1099 Provide for garnishment for failure to pay fines or costs ordered under the home rule cities act; SB 1100 Establish power of a home rule city's department of administrative hearings to foreclose on property; And any other business properly before the committee.
SBM Position on SB 246 & SB 247: Support SB 0246, SB 0247, HB 4555, and HB 4556 but respectfully requests an amendment be made regarding the qualifications of who performs a competency evaluation.
Criminal Jurisprudence & Practice Committee Positionon SB 246 & SB 247: Adopt the Criminal Law Section position.
Criminal Law Section Position on SB 246 & SB 247: Support and Recommend Amendments.
Justice Policy Initiative Position on SB 246 & SB 247: Adopt the Criminal Law Section position.

5/22 Senate Appropriations: Corrections
Agenda: Michigan Department of Corrections presentation on Prisoner Re-entry.

5/24 House Judiciary
Agenda: HB 5124 Establish concurrent jurisdiction in certain courts; HB 5128 Create business court; HB 5225 Revise certain procedures for purchase and possession of pistols; HB 5498 Revise sentencing guidelines for certain firearm violations to reflect changes in substantive laws; HB 5499 Revise certain procedures for purchase and possession of pistols; SB 551 Prohibit possession or use of cellular telephone or wireless device by prisoner in correctional facility, and provide penalties; SB 552 Amend 1981 PA 7 to prohibit distribution, possession, or use of cellular telephone or other wireless communication device in a jail and provide a penalty; SB 698 Allow district judges, district court magistrates, and probate judges to perform marriages anywhere in the state; SB 699 Authorize and require fee charged by probate judge to perform marriages to be paid to probate court in county where ceremony is performed; SB 700 Authorize state court administrative office to set fee charged by district judges and magistrates to perform marriages and require fee to be paid to district court in the district where wedding is performed; Presentation on the Anatomy of a Lawsuit.
Family Law Section Position on HB 5124: Oppose
Business Law Section Position on HB 5128: Support Substitute of HB 5128

Complete Committee Meeting List

New Public Acts

Legislation Introduced 5/15–5/17
View all bills introduced 5/15-5/17
Of Interest to the Legal Community
HB 5641 Children; protection; central registry records; require certain notifications to recipients regarding expungement and limit maintenance of records to 10 years. Amends secs. 7 & 8d of 1975 PA 238 (MCL 722.627 & 722.628d).

HB 5644 Criminal procedure; defenses; right of self-defense under self-defense act; limit to that provided by common law. Amends sec. 4 of 2006 PA 309 (MCL 780.974) & repeals secs. 1, 2 & 3 of 2006 PA 309 (MCL 780.971 et seq.) & repeals 2006 PA 310 (MCL 780.961).

Of General Interest
HB 5633 Education; curricula; obsolete act concerning teaching of civics and political science; repeal. Repeals 1931 PA 205 (MCL 388.372).

In the Hall of Justice
Signatures to Include "Electronic Signatures" Under Proposal on Michigan Supreme Court Public Hearing Agenda

Other Actions
2010-16 Proposed Amendments of Rule 6.302 and Rule 6.610 of the Michigan Court Rules
These proposals were generated following the recent United States Supreme Court decision in Padilla v Kentucky, ___ US ___; 130 S Ct 1473; 176 L Ed 2d 284 (2010), in which the Court held that defense counsel is required to inform a defendant about the risk of deportation as a potential consequence of a guilty plea. In that case, the Court held that "when the deportation consequence is truly clear, as it was in this case," counsel must give correct advice. The Court also noted that in "situations in which the deportation consequences of a particular plea are unclear or uncertain, … a criminal defense attorney need do no more than advise a noncitizen client that pending criminal charges may carry a risk of adverse immigration consequences." Padilla, 130 S Ct 1483.

Proposal A would require a judge to ask a noncitizen defendant and the defendant's lawyer if they have discussed possible risk of deportation as a consequence of a guilty plea. The focus of this inquiry is whether the defendant is a noncitizen, and what the defense counsel has told the defendant. Proposal B would require a judge to give general advice to any defendant (whether or not the defendant is represented by counsel) that a guilty plea by a noncitizen may carry immigration consequences. This alternative would obviate the need to determine the defendant's citizenship status,which the defendant may not know or be willing to divulge.
Issued: May 16, 2012
Action: Declined to adopt and file closed.

At the Bar
Sections and Committees
The Negligence Law Section submitted Public Policy positions on the following items:
Oppose: SB 1110 Torts; medical malpractice; emergency treatment rendered in a hospital; limit liability for. Amends 1961 PA 236 (MCL 600.101600.9947) by adding sec. 2912i.

Oppose: SB 1116 Torts; medical malpractice; physician judgment rule; enact. Amends sec. 2912a of 1961 PA 236 (MCL 600.2912a).

Support: SB 1117 Torts; medical malpractice; persons to whom medical malpractice provisions of the revised judicature act apply; include nonlicensed health care providers. Amends secs. 2169 & 2912 of 1961 PA 236 (MCL 600.2169 & 600.2912).

Support: SB 1118 Torts; medical malpractice; statute of limitations; revise period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs. Amends secs. 2912e, 5852 & 6013 of 1961 PA 236 (MCL 600.2912e et seq.).

Federal News
U.S. Issues Far-Reaching Rules to Stem Prison Rape(New York Times, 5/17/12)

State News
22 States Join Campaign Finance Fight
(Detroit News, 5/21/12)

House Approves Dominick's Law
(Livingston Daily, 5/18/12)

Michigan Debates 'Stand Your Ground' Law
(Detroit News, 5/18/12)

Michigan Juvenile Lifer Victims Advocacy Group Blasts New Report on Criminal Justice Disparities
(Mlive.com, 5/17/12)

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