Public Policy Update from the State Bar of Michigan
September 24–30, 2012
Volume 10 Issue 39

In the Capitol
The Michigan House of Representatives and Senate adjourned Thursday, September 27. Both chambers will be in session Wednesday, October 17 at 10 am.
House Schedule
Senate Schedule

Committee Meetings of Interest for the Week of 10/1
10/2 Senate Appropriations: Human Services Department
Agenda: Testimony regarding Medicaid eligibility and enrollment among children and youth in foster care and the juvenile justice system from the Department of Human Services, Department of Community Health, and Wayne County Commissioner, District 10, Laura Cox.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 9/11–9/13
View all bills introduced 9/11–9/13
Of Interest to the Legal Community
HB 5870 Criminal procedure; evidence; consideration of videorecorded statements in certain proceedings; expand. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).

HB 5871 Law enforcement; investigations; electronic video recording of child interrogations; require. Amends 1975 PA 238 (MCL 722.621722.638) by adding sec. 8f.

HB 5872 Children; protection; videorecorded statements; allow to be used in child protective services hearings, increase fines, and require to retain for certain period of time. Amends sec. 17b, ch. XIIA of 1939 PA 288 (MCL 712A.17b).

HB 5874 Children; protection; children's ombudsman to investigate victims of child abuse or neglect; expand criteria to include children who have died as a result of child abuse or neglect. Amends secs. 5a, 6, 7, 8 & 9 of 1994 PA 204 (MCL 722.925a et seq.).

HB 5900 Torts; liability; injuries sustained in recreational activities; provide protection from liability for. Creates new act.

HB 5912 Children; protection; mandatory reporting requirements for child abuse or child neglect; expand to include coaches and school volunteers. Amends sec. 3 of 1975 PA 238 (MCL 722.623).

HB 5913 Crimes; homicide; reference to vulnerable adult abuse in first degree murder statute; revise. Amends sec. 316 of 1931 PA 328 (MCL 750.316).

SB 1240 Torts; liability; social services agency; grant immunity for providing child social welfare programs. Creates new act.

Of General Interest
HB 5843 Crimes; other; organized retail crime act; create. Creates new act.

HB 5860 Crimes; other; penalties for willful omission of data; provide for. Amends sec. 492a of 1931 PA 328 (MCL 750.492a).

HB 5861 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of failing to place information in patient's medical records or charts to conceal responsibility for injury, sickness, or death; enact. Amends sec. 16x, ch. XVII of 1927 PA 175 (MCL 777.16x).

HB 5864 Insurance; no-fault; serious impairment of body function; revise statutory requirements. Amends sec. 3135 of 1956 PA 218 (MCL 500.3135).

HB 5867 Insurance; no-fault; claims for damage to motor vehicle; require adjuster to examine damaged vehicle. Amends 1956 PA 218 (MCL 500.100500.8302) by adding sec. 3038.

HB 5892 Consumer protection; consumer leases; fee to reinstate after missing a payment; limit and clarify reinstatement rights. Amends secs. 7, 8 & 20 of 1984 PA 424 (MCL 445.957 et seq.).

HB 5895 Civil rights; public records; freedom of information act open government commission; create. Amends 1976 PA 442 (MCL 15.23115.246) by adding sec. 10a.

HB 5902 Criminal procedure; sentencing guidelines; sentencing guidelines for organized retail crime act violations; enact. Amends sec. 17d, ch. XVII of 1927 PA 175 (MCL 777.17d).

SB 1251 Property tax; appeals; local units of government to pass resolution to shorten time period of board of review hearings; allow. Amends sec. 30 of 1893 PA 206 (MCL 211.30).

SB 1255 Insurance; property and casualty; pay-as-you-drive automobile insurance; allow insurers to offer. Amends sec. 2111 of 1956 PA 218 (MCL 500.2111) & adds sec. 2111b.

SB 1260 Property tax; principal residence exemption; appeal process for principal residence exemption; revise. Amends sec. 7cc of 1893 PA 206 (MCL 211.7cc).

Legislation Introduced 9/19–9/20
View all bills introduced 9/19–9/20
Of Interest to the Legal Community
HB 5929 Probate; wills and estates; personal representative; give power to control the online mail, social media, and similar accounts of the deceased. Amends 1998 PA 386 (MCL 700.1101700.8206) by adding sec. 3723.

HB 5932 Law enforcement; other; Michigan crime stoppers act; create and provide for criminal assessments to fund crime stopper activities. Creates new act.

HB 5934 Health; diseases; expedited partner therapy; allow, and provide immunity from civil, criminal, and administrative liability under certain circumstances. Amends secs. 17745, 17751, 17754 & 17757 of 1978 PA 368 (MCL 333.17745 et seq.) & adds sec. 5110.

HB 5935 Crimes; other; bullying and cyberbullying; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1750.568) by adding sec. 411x.

HB 5938 Criminal procedure; other; diversion from jail for certain individuals under certain circumstances; allow. Amends 1927 PA 175 (760.1777.69) by adding sec. 85 to ch.

HB 5939 Courts; other; priority for providing mental health services to individuals diverted from jail; require under certain circumstances. Amends sec. 208 of 1974 PA 258 (MCL 330.1208).

SB 1282 Financial institutions; generally; deposit of stolen property in certain depository institutions; limit availability of treble damages under revised judicature act Amends sec. 2919a of 1961 PA 236 (MCL 600.2919a).

SB 1295 Law enforcement; other; certain records of probation to be provided to the Michigan commission on law enforcement standards; require. Amends sec. 7411 of 1978 PA 368 (MCL 333.7411).

SB 1296 Civil procedure; statute of limitations; statute of repose for actions against an attorney-at-law or a law firm; enact. Amends sec. 5838 of 1961 PA 236 (MCL 600.5838) & adds sec. 5838b.

SB 1303 Children; parental rights; probate court jurisdiction to terminate parental rights of a parent who is or will be imprisoned for 2 or more years for offense against a child; provide for. Amends secs. 13a, 18f & 19a, ch. XIIA of 1939 PA 288 (MCL 712A.13a et seq.).

SB 1304 Torts; liability; private landing field open to public; establish limited liability for aviation-related activities. Amends sec. 73301 of 1994 PA 451 (MCL 324.73301).

Of General Interest
SB 1284 Consumer credit; predatory lending; application of consumer mortgage protection act to certain mortgage transactions; modify. Amends sec. 2 of 2002 PA 660 (MCL 445.1632).

SB 1285 Consumer credit; predatory lending; mortgage loan subject to mortgage lending practices statute; modify. Amends sec. 1 of 1977 PA 135 (MCL 445.1601).

SB 1305 Insurance; property and casualty; rating and underwriting requirements; modify. Amends secs. 2110a, 2111, 2117, 2119 & 2121 of 1956 PA 218 (MCL 500.2110a et seq.).

In the Hall of Justice
Justice Marilyn Kelly named "Woman of the Year" by Michigan Lawyers Weekly

Investiture of Hon. Mark T. Boonstra, Michigan Court of Appeals, to be held in Lansing

Rule Amendments
2012-07—Adoption of Rule 3.204 of the Local Court Rules of the Third Judicial Circuit Court (to better process cases filed with case-type suffix of "DC"
These local court rule provisions of the 3rd Circuit Court have been adopted in an effort to better process cases filed with a case-type suffix of "DC." Subrule (A) requires the use of uniform Child Custody Cover Sheets when an action is filed in a child custody dispute. Subrule (B) requires the use of the most recent local Court Uniform Child Custody Jurisdiction and Enforcement Act forms or the equivalent most recent State Court Administrative Office forms in an action seeking registration, enforcement, or modification of another state's or a foreign country's child custody determination.
Issued: September 19, 2012
Effective: January 1, 2013

Proposed Amendments
2012-03—Proposed Adoption of Rule 1.111 and Rule 8.127 of the Michigan Court Rules (Foreign Language Interpreters)
This proposal includes two separate proposed rules that relate to foreign language interpreters. The first proposed rule, MCR 1.111, would establish the procedure for appointment of interpreters, and establish the standards under which such appointment would occur. The proposed rule includes alternative language for subrules (B) and (F)(4).

The second proposed rule, MCR 8.127, would create a board to oversee certification of interpreters and other interpreter-related functions, and provide a procedure for imposing discipline upon interpreters who commit misconduct. The board's structure and responsibilities are similar to those of the Court Reporting and Recording Board of Review described in MCR 8.108.
Issued: September 19, 2012
Action: Extended comment period until November 1, 2012

2012-20—Proposed Amendment of Rule 3.616 of the Michigan Court Rules (regarding confidential records of young adult foster care youth)
The proposed amendments of MCR 3.616 would provide that the files of a young adult foster care youth are confidential, but may be accessed by the youth and by DHS. The proposal further would eliminate the requirement that the petition and order be served on the previous court in which the youth's child protection case was disposed because the case is no longer active. This order also corrects numbering of subsection (F)(2)(i)-(iv) so that the subsections are labeled with letters (a)-(c).
Issued: September 19, 2012
Comment period expiration: January 1, 2013

2012-12—Proposed Amendment of Rule 3.925 of the Michigan Court Rules (regarding retention and destruction of various records in juvenile cases)
The proposed amendments of MCR 3.925 would clarify rules and procedures for retention and destruction of various records in juvenile cases.
Issued: September 19, 2012
Comment period expiration: January 1, 2013

2012-13—Proposed Amendment of Rule 3.976 of the Michigan Court Rules (regarding whether a court should indicate on the record the reason no petition for termination of parental rights need be filed)
This proposed amendment would require a court to indicate on the record the reason that no petition for termination of parental rights need be filed, thus providing a record to future auditors who review the state's foster care program that the court explicitly chose the option.
Issued: September 19, 2012
Comment period expiration: January 1, 2013

2012-01—Appointment of Chief Judge of the Chippewa County Probate Court
Issued: September 19, 2012
Term ending: December 31, 2013

2012-01—Appointments to the Attorney Discipline Board
Issued: September 19, 2012

2012-01—Appointments to the Attorney Grievance Commission
Issued: September 19, 2012

2012-01—Appointment of Commissioners-at-Large of the State Bar of Michigan Board of Commissioners
Issued: September 19, 2012

At the Bar

Effective October 1, 2012, Pro Hac Vice Fee Reduced to $125

Bruce A. Courtade Sworn in as State Bar President

Dana M. Warnez Sworn in as SBM Representative Assembly Chair

Sections and Committees
The Animal Law Section submitted a Public Policy position report on HB 5789 Civil procedure; civil actions; property on which animal fighting is conducted; declare to be a nuisance. Amends sec. 3801 of 1961 PA 236 (MCL 600.3801).

The Family Law Section submitted Public Policy positions on the following items:
Support: HB 5766 Family law; marriage and divorce; name change upon solemnization of marriage; make gender-neutral. Creates new act.

Support: HB 5779 (Hovey-Wright) Family law; marriage and divorce; provision regarding name change upon divorce; revise to make gender neutral. Amends title & sec. 1 of 1905 PA 299 (MCL 552.391).

Oppose: HB 5812 Children; protection; best interest of the child determination relating to child abuse and neglect; modify. Amends secs. 2, 3, 4, 5, 6a, 7, 7a & 7b of 1970 PA 91 (MCL 722.22 et seq.) & adds secs. 3a & 6f.

Federal News
Supreme Court Faces Another High-Profile Term
(Washington Post, 9/29/12)

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