Public Policy Update from the State Bar of Michigan
October 28–November 3, 2013
Volume 11 Issue 44

In the Capitol
Committee meetings of interest for the week of 11/4
11/5 House Government Operations
Agenda:
SB 652 Provide for certain number of court of appeals judges to serve as court of claims judges, and expand jurisdiction to cover court of claims.
Appellate Practice Section position on SB 652: Oppose.
Negligence Law Section position on SB 652: Oppose and Amend.

11/5 Senate Judiciary
Agenda:
HB4064 Allow digital court records and electronically filing court papers;
HB4532 Permit digital court records and electronically filing court papers as established by the supreme court;
HB4694 Create mental health court;
HB4695 Create mental health court;
HB4696 Create mental health court;
HB4697 Create mental health court;
HB4770 Establish requirements for gaining access to motor vehicle accident reports within 30 days of the report being filed, and provide penalties for noncompliance;
HB4771 Prohibit intentionally contacting individual who has sustained personal injury or family member of that individual with direct solicitation to provide service under certain circumstances and provide a penalty;
HB5020 Eliminate sunset of DWI/sobriety court interlock pilot project;
HB5021 Eliminate sunset of DWI/sobriety court interlock pilot project;
SB637 Provide for oversight for ignition interlock servicing centers in department of state;
SB638 Revise guidelines for crime of knowingly providing false information concerning an ignition interlock device;
SB639 Revise motor vehicle service and repair act to provide ignition interlock servicing center to be included within the definition of motor vehicle repair facility;
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.
SBM Position on HB 4694-HB 4697: Support the bills, but express the concern as to the success of the program without providing funding.
Civil Procedure & Courts Committee position on HB 4694-HB 4697: Support.
Criminal Jurisprudence & Practice Committee position on HB 4694-HB 4697: Support.
Criminal Issues Initiative position on HB 4694-HB 4697: Support.
Equal Access Initiative position on HB 4694-HB 4697: Support.
Negligence Law Section position on HB 4770-HB 4771: Support.

11/6 House Commerce
Agenda Item of Interest:
SB 475 Create trampoline court safety act.
Negligence Law Section position on SB 475: Oppose.

11/6 House Criminal Justice
Agenda:
Presentation by Attorney General Bill Schuette and Representative Kurt Heise on the final report and recommendations of the Michigan Human Trafficking Commission.

11/6 Senate Local Government and Elections
Agenda Item of Interest:
SB661 Provide for general amendments to contributions and expenditures.

Complete Committee Meeting List

New Public Acts

Legislation Introduced 10/29 – 10/31
View all bills introduced 10/29-10/31
Of Interest to the Legal Community
HB 5121 Courts; judges; number of judgeships in the sixteenth circuit court; increase. Amends sec. 517 of 1961 PA 236 (MCL 600.517).

HB 5122 Courts; judges; number of judgeships in the sixth circuit court; increase. Amends sec. 507 of 1961 PA 236 (MCL 600.507).

HB 5123 Courts; judges; number of judgeships in the seventeenth circuit and the fifth district; modify, and consolidate certain district court districts. Amends secs. 518, 8115 & 8121 of 1961 PA 236 (MCL 600.518 et seq.).

HB 5124 Courts; judges; certain circuit and district courts; consolidate, and reduce the number of certain judgeships under certain circumstances. Amends secs. 502, 504, 516 & 8121 of 1961 PA 236 (MCL 600.502 et seq.).

HB 5125 Courts; reorganization; certain district court districts; authorize consolidation under certain circumstances and modify the number of judges. Amends secs. 8130, 8134 & 8135 of 1961 PA 236 (MCL 600.8130 et seq.).

SB 0661 Campaign finance; contributions and expenditures; general amendments; provide for. Amends secs. 33, 46, 52, 52a & 69 of 1976 PA 388 (MCL 169.233 et seq.).

Of General Interest
HB 5104 Health; medical marihuana; marihuana infused products; allow. Amends secs. 3, 4, 7 & 8 of 2008 IL 1 (MCL 333.26423 et seq.).

HB 5105 Torts; liability; emergency care under the Michigan boxing and mixed martial arts act; provide protection from liability. Amends 1963 PA 17 (MCL 691.1501 - 691.1507) by adding sec. 1508.

In the Hall of Justice
Court Performance Innovation grant recipients named; projects include human trafficking court, peacemaking court, smart phone apps, social media

Rule Amendments
ADM File No. 2012-18 - Amendment of MCR 2.512 (structures the function of adopting, amending, and repealing criminal jury instructions similar to that of civil jury instructions and requires trial courts to use criminal jury instructions in the same way they are used in civil cases)
Issued: October 30, 2013
Effective: March 1, 2014

Administrative Orders
ADM File No. 2012-18 - Administrative Order No. 2013-13 (creates the Committee on Model Criminal Jury Instructions)
Issued: October 30, 2013
Effective: January 1, 2014

At the Bar
Judicial Vacancy—Monroe County Probate Court
Hon. John A. Hohman, Jr. is vacating his seat at Monroe County Probate Court. State Bar members interested in applying for the judgeship should submit an application by November 20, 2013.
View Information

Sections and Committees
The Appellate Practice Section submitted a public policy position report on the following item:
Oppose: SB 0652 Courts; judges; court of claims; provide for certain number of court of appeals judges to serve as court of claims judges, and expand jurisdiction. Amends secs. 308, 841, 6404, 6407, 6410, 6413, 6419, 6421 & 8304 of 1961 PA 236 (MCL 600.308 et seq.) & repeals sec. 6419a of 1961 PA 236 (MCL 600.6419a).

The Negligence Law Section submitted public policy position reports on the following items:
Oppose: SB 0475 Torts; liability; trampoline court safety act; create. Creates new act.

Oppose and Amend: SB 0652 Courts; judges; court of claims; provide for certain number of court of appeals judges to serve as court of claims judges, and expand jurisdiction. Amends secs. 308, 841, 6404, 6407, 6410, 6413, 6419, 6421 & 8304 of 1961 PA 236 (MCL 600.308 et seq.) & repeals sec. 6419a of 1961 PA 236 (MCL 600.6419a).

State News
GOP-backed bill would shift how lawsuits handled in Michigan Court of Claims
(Detroit Free Press, 11/4/13)
See also:
Mich. Senate Oks bill to Give Court of Appeals Control of Court of Claims
(Detroit News, 10/30/13)
Michigan Republicans Fast-Track Senate Bill to Move Lawsuits Against State Out of Ingham County
(Mlive.com, 10/30/13)
GOP Lawmakers Want Court of Claims Out of Ingham Circuit
(Michigan Radio, 10/30/13)

 

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