Public Policy Update from the State Bar of Michigan
June 10-16, 2013
Volume 11 Issue 24

FOCUS: Indigent Defense Bills Pass Michigan Senate and House of Representatives
Thursday last week was truly an historic day for the indigent defense reform effort. In the afternoon, the Michigan Senate passed bills to create the Michigan Indigent Defense Commission – a permanent commission that would oversee the local delivery of indigent defense services and provide a path for partial state funding of local indigent defense systems. Later that same day, the House of Representatives passed identical House versions of the same bills. Both sets of bills passed their respective chambers with large margins: 32-6 in the Senate and 101-6 in the House. It is expected that this week, a set of the bills will be approved by the opposite chamber and sent to the Governor for his approval before the legislature breaks for the summer at the end of this week.
SB 300 S-2
SB 301
HB 4529 H-3
HB 4530
Indigent Defense: Michigan Looks to Overhaul System for Low-Income Criminal Defense
(Mlive.com, 6/14/13)
Senate OKs Bill Aimed to Improve Indigent Defense
(Lansing State Journal, 6/13/13)

In the Capitol

Committee meetings of interest for the week of 6/17
6/18 Senate Government Operations
Agenda:
HB 4704 Clarify challenging an approved budget; And any other business properly before the committee.
SBM Position on HB 4704: Oppose.

6/18 Senate Judiciary
Agenda:
SB 254 Clarify process for judicial waiver of parental consent requirement;
SB 377 Create animal abuse offenders registry;
SB 378 Require use of animal abuse registry by animal control shelters and animal protection shelters when allowing an animal adoption, and prohibit animal control shelters and animal protection shelters from allowing a person listed on an animal abuse registry to adopt an animal;
SB 386 Require court to prohibit ownership of animals by a person convicted by certain crimes against animals for a period of at least 5 years;
And any other business properly before the committee.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 6/11 – 6/13
View all bills introduced 6/11-6/13
Of Interest to the Legal Community
HB 4823 Courts; circuit court; circuit court to issue final order concerning proposed annexation of charter township property; require under certain circumstances. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 608.

HB 4830 Civil procedure; evictions; legal representation; allow corporation, partnership, or limited liability company to appear without an attorney. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 5707.

HB 4839 Crime victims; rights; prohibition against victim disclosing information about conviction that has been set aside; remove. Amends sec. 3 of 1965 PA 213 (MCL 780.623).

SJR X Legislature; other; 2/3 majority vote for passage of a law that is the same or similar to a law rejected by a referendum; require. Amends sec. 9, art. II of the state constitution.

Of General Interest
HB 4824 Elections; offenses; penalties for promising, providing, or accepting valuable consideration to run or not to run for political office; provide for. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 931c.

HB 4825 Elections; candidates; candidates to indicate certain felony convictions on the affidavit of identity; require. Amends sec. 558 of 1954 PA 116 (MCL 168.558).

HB 4836 Education; school districts; disclosure of certain student data; require written consent by a parent or guardian. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1285.

HB 4843 Campaign finance; other; automated campaign telephone calls; require to identify entity making or paying for call. Amends 1976 PA 388 (MCL 169.201 - 169.282) by adding sec. 48.

HJR T Legislature; apportionment; independent citizens redistricting commission; create. Amends secs. 2, 3 & 6, art. IV of the state constitution.

HJR U Legislature; legislators; term limits; modify. Amends sec. 54, art. IV of the state constitution.

SB 0419 Elections; registration; resident address on driver license or personal identification card different from resident address on qualified voter file; permit. Amends sec. 509o of 1954 PA 116 (MCL 168.509o).

SB 0420 Traffic control; driver license; resident address on driver license different from resident address on qualified voter file; permit. Amends secs. 307 & 315 of 1949 PA 300 (MCL 257.307 & 257.315).

SB 0421 Elections; absent voters; absent voter ballot; allow first-time voters to utilize. Amends sec. 509t of 1954 PA 116 (MCL 168.509t).

SB 0425 Property tax; principal residence exemption; exemption for trust-owned property; revise. Amends sec. 7dd of 1893 PA 206 (MCL 211.7dd).

In the Hall of Justice
Attorney Joseph J. Baumann named Michigan Supreme Court’s General Counsel

At the Bar
SBM Practice Management Resource Center Will Host Two iPad Seminars on June 27 in Lansing

The Board of Commissioners met on June 14, 2013 at which time the State Bar of Michigan adopted the following public policy positions:

2011-26 - Proposed Amendment of Rule 2.403 of the Michigan Court Rules
The proposed amendment of MCR 2.403(O)(8) would add a reference to a motion for rehearing or reconsideration (consistent with the Court of Appeals opinion in Meemic Ins Co v DTE Energy Co, 292 Mich App 278 [2011]), as well as a reference to other postjudgment motions to toll the period of time in which a party may file a request for case-evaluation sanctions.
SBM Position: Support with Recommended Amendments.

2011-31 - Proposed Amendment of Rules 7.105, 7.111 and 7.205 of the Michigan Court Rules
The proposed changes would permit the filing of a reply brief in support of an application for leave to appeal in the circuit court and the Court of Appeals. The proposed changes were submitted by the Appellate Practice Section of the State Bar of Michigan.
SBM Position: Support.

2012-04 - Proposed Amendment of Rule 3.218 of the Michigan Court Rules
These proposed amendments would codify state and federal statutory and regulation revisions that have occurred in the last decade, and would add specificity and detail to the existing language in MCR 3.218.
SBM Position: Support.

2013-02 - Amendments of Rules 3.002, 3.800, 3.802, 3.807, 3.903, 3.905, 3.920, 3.921, 3.935, 3.961, 3.963, 3.965, 3.967, 3.974, 3.977, and 5.402 of the Michigan Court Rules
This proposal incorporates provisions of the newly enacted Michigan Indian Family Preservation Act into specific provisions within various rules relating to child protective proceedings and juvenile status offenses.
SBM Position: Support.

HB 4083 (Lori) Law enforcement; other; Michigan crime stoppers act; create, and provide for criminal assessments to fund crime stopper activities. Creates new act.
SBM Position: Oppose.

HB 4570 (Cotter) Courts; juries; eligibility to postpone jury service of students; expand to include full-time higher education students under certain circumstances. Amends sec. 1335 of 1961 PA 236 (MCL 600.1335).
SBM Position: Support.

HB 4583 (Johnson) Children; parental rights; immediate termination of parental rights and visitation rights for parent or legal guardian upon sentencing for criminal sexual conduct or other sex crimes; allow. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).
SBM Position: Oppose.

HB 4584 (Johnson) Family law; parenting time; immediate termination of a grandparenting time order upon sentencing for certain criminal sexual conduct; allow. Amends sec. 7b of 1970 PA 91 (MCL 722.27b).
SBM Position: Oppose.

HB 4704 (Pettalia) Counties; financing; challenging an approved budget; clarify. Amends secs. 16 & 18 of 1968 PA 2 (MCL 141.436 & 141.438).
SBM Position: Oppose.

SB 0325 Children; abduction; uniform child abduction prevention act; create. Creates new act.
SBM Position: Support.

Federal News
Police Agencies Are Assembling Records of DNA
(New York Times, 6/12/13)

State News
Snyder Signs $49B Budget With Few Line-Item Vetoes
(Detroit News, 6/13/13

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