Public Policy Update from the State Bar of Michigan
September 23-29, 2013
Volume 11 Issue 39

In the Capitol
Committee meetings of interest for the week of 9/30
10/1 Senate Government Operations
Agenda Item of Interest:
HB 4704 Clarify challenging an approved budget **Testimony Only**.
SBM Position: Oppose.
Civil Procedure & Courts Committee Position: Oppose.

10/1 Senate Judiciary
Agenda:
HB 4636 Clarify requirement for paying restitution to deceased crime victim;
SB 471 Prohibit dissemination of juvenile criminal history record information under certain circumstances
SB 518 Allow use of vehicle boots for failure to satisfy certain court obligations;
And any other business properly before the committee.

10/2 House Criminal Justice
Agenda:
HB 4907 Provide for technical amendments;
HB 4908 Revise sentencing guidelines for certain arson violations;
HB 4867 Expand definition of predatory conduct to include preoffense conduct directed at a law enforcement officer posing as a potential victim;
HB 4895 Increase penalty for concealment of a stolen vehicle with prior convictions;
HB 4896 Enact crime of receiving and concealing a motor vehicle, second or subsequent offense.

10/2 House Families, Children, and Seniors
Agenda:
HB 4649 Create resource families bill of rights;
HB 4650 Require children's ombudsman to investigate violations of resource families bill of rights law.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/17–9/26
View all bills introduced 9/17-9/26

Of Interest to the Legal Community
HB 5018 Criminal procedure; expunction; requirement for attorney general review of a set-aside application; eliminate. Amends sec. 1 of 1965 PA 213 (MCL 780.621).

HB 5019 Juveniles; criminal procedure; requirement for attorney general review of a set-aside application; eliminate. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).

SB 499 Law enforcement; other; human trafficking reporting act; create. Creates new act.

SB 518 Traffic control; traffic regulation; use of vehicle boots for failure to satisfy certain court obligations; allow. Amends sec. 4803 of 1961 PA 236 (MCL 600.4803).

SB 519 Civil procedure; other; fines, costs, and other indebtedness to courts; require SCAO to establish a database, and require civil litigants to check database before paying or collecting on a judgment. Amends 1961 PA 236 (MCL 600.101-600.9947) by adding sec. 1477.

SB 520 Crime victims; restitution; restitution orders for crime of nonpayment of support; clarify. Amends sec. 165 of 1931 PA 328 (MCL 750.165).

SB 521 Family law; child support; authority of friend of the court to issue subpoenas for show cause and notice to appear; allow, and provide for other general amendments. Amends secs. 31, 32, 33, 37, 44 & 45 of 1982 PA 295 (MCL 552.631 et seq.) & adds sec. 36.

SB 522 Family law; child support; certain fees; repeal. Repeals secs. 14a & 23 of 1952 PA 8 (MCL 780.164a & 780.173).

SB 523 Family law; child support; qualified individual retirement accounts; include in financial institutions data match. Amends sec. 2 of 1982 PA 295 (MCL 552.602).

SB 524 Civil procedure; garnishment; retirement accounts; subject accounts that are levied upon for child support to garnishment. Amends sec. 6023 of 1961 PA 236 (MCL 600.6023).

SB 525 Family law; child support; qualified individual retirement accounts; include in financial institutions data match. Amends sec. 1 of 1971 PA 174 (MCL 400.231).

SB 526 Family law; child support; assignments of support process; modify. Amends sec. 5d of 1982 PA 295 (MCL 552.605d).

SB 527 Civil procedure; costs and fees; fees for actions involving child custody, support, or parenting time; require payment at time action is filed. Amends sec. 2529 of 1961 PA 236 (MCL 600.2529).

SB 528 Gaming; lottery; distribution of lottery winnings for child support arrearages; update to reflect payment to the state disbursement unit. Amends sec. 32 of 1972 PA 239 (MCL 432.32).

SB 529 Family law; child support; allocation and distribution determination authority; modify. Amends sec. 3 of 1971 PA 174 (MCL 400.233).

SB 530 Family law; friend of the court; powers and duties of office of child support; modify, and provide other general amendments. Amends secs. 9, 12, 13, 15, 22 & 26 of 1982 PA 294 (MCL 552.509 et seq.).

SB 535 Criminal procedure; other; methamphetamine offenders registry; create, and require offenders to obtain a prescription to purchase ephedrine or pseudoephedrine products for a period of 10 years. Creates new act.

SB 558 Mental health; other; program to divert persons with serious mental illness from justice system to treatment; establish. Amends 1974 PA 258 (MCL 330.1001-330.2106) by adding sec. 207a & repeals sec. 207 of 1974 PA 258 (MCL 330.1207).

Of General Interest
HB 5000 Insurance; no-fault; rates; prohibit rates based on credit history, education, occupation, or residency. Amends secs. 2027, 2111 & 2151 of 1956 PA 218 (MCL 500.2027 et seq.) & adds sec. 2027a.

HB 5004 Crimes; homicide; second degree child abuse; include in felony murder statute. Amends sec. 316 of 1931 PA 328 (MCL 750.316).

SB 510 Insurance; no-fault; eligibility for personal injury protection benefits; modify, and exempt certain individuals. Amends secs. 3021, 3101, 3109 & 3113 of 1956 PA 218 (MCL 500.3021 et seq.).

SB 534 Gaming; lottery; lottery winners; allow lottery bureau to withhold for unpaid court fines, costs, and victim compensation. Amends sec. 32 of 1972 PA 239 (MCL 432.32).

SB 538 Animals; other; facilities accredited by the American zoo and aquarium association or the zoological association of America; exempt from certain provisions of large carnivore act. Amends sec. 22 of 2000 PA 274 (MCL 287.1122).

At the Bar
Sections and Committees
The Family Law Section submitted public policy position reports on the following items:
Oppose: HB 4927 Children; adoption; licensure of child placing agency that objects to placements on religious or moral grounds; allow. Amends 1939 PA 280 (MCL 400.1-400.119b) by adding sec. 5a.

Oppose: HB 4928 Children; adoption; objection to placements by child placing agency based on religious or moral convictions; allow. Amends secs. 23b, 23d, 23e & 46, ch. X of 1939 PA 288 (MCL 710.23b et seq.).

Oppose: HB 4991 Children; adoption; objection to placements by child placing agency based on religious or moral convictions; allow. Amends 1973 PA 116 (MCL 722.111-722.128) by adding sec. 14e.

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