Public Policy Update from the State Bar of Michigan
November 7–13, 2011
Volume 9 Issue 46

In the Capitol
Session schedule: The Michigan House of Representatives and Senate will not hold session the weeks of November 14 and November 21.
House Session Schedule
Senate Session Schedule

Complete Committee Meeting List

New Public Acts

Legislation Introduced 11/8–11/10
View all bills introduced 11/8–11/10

Of Interest to the Legal Community
HB 5153 Torts; liability; social services agency; grant immunity for providing child social welfare programs. Create new act.

HB 5159 Courts; circuit court; veterans treatment court; provide for the state drug treatment court advisory committee to monitor. Amends sec. 1082 of 1961 PA 236 (MCL 600.1082).

HB 5160 Legislature; apportionment; redistricting of court of appeals; provide for. Amends sec. 302 of 1961 PA 236 (MCL 600.302).

HB 5161 Courts; court of appeals; redistricting of court of appeals and reduction in number of court of appeals judges; provide for. Amends secs. 301 & 302 of 1961 PA 236 (MCL 600.301 & 600.302) & adds sec. 303a.

HB 5162 Courts; circuit court; veterans treatment court; create. Amends 1961 PA 236 (MCL 600.101600.9947) by adding ch. 10B.

HB 5163 Family law; child custody; delegation of visitation rights for service members; allow. Amends sec. 7 of 1970 PA 91 (MCL 722.27) & adds sec. 7c.

SB 809 Traffic control; other; eligibility for sobriety court; clarify. Amends secs. 304, 319 & 319b of 1949 PA 300 (MCL 257.304 et seq.).

SB 829 Courts; judges; certain district court judgeships; reduce in number. Amends secs. 8158, 8162 & 8163 of 1961 PA 236 (MCL 600.8158 et seq.).

SB 830 Courts; judges; certain district court judgeships; reduce in number. Amends secs. 8149 & 8151 of 1961 PA 236 (MCL 600.8149 & 600.8151).

SB 831 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 542 & 8160 of 1961 PA 236 (MCL 600.542 & 600.8160).

SB 832 Courts; judges; certain probate court and district court judgeships; reduce in number. Amends secs. 803 & 8116 of 1961 PA 236 (MCL 600.803 & 600.8116).

SB 833 Courts; judges; certain district court judgeships; reduce in number. Amends sec. 8133 of 1961 PA 236 (MCL 600.8133).

SB 834 Courts; judges; circuit court judgeships; reduce in number, and reorganize certain circuits. Amends secs. 525, 549d & 550a of 1961 PA 236 (MCL 600.525 et seq.).

SB 835 Courts; judges; district court judgeships; reduce, and reorganize certain district court districts. Amends secs. 8121 & 8123 of 1961 PA 236 (MCL 600.8121 & 600.8123).

SB 836 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 543 & 8140 of 1961 PA 236 (MCL 600.543 & 600.8140).

SB 837 Courts; judges; certain district court judgeships; reduce in number. Amends secs. 8152, 8153 & 8154 of 1961 PA 236 (MCL 600.8152 et seq.).

SB 838 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 528 & 8144 of 1961 PA 236 (MCL 600.528 & 600.8144).

SB 839 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 519 & 8139 of 1961 PA 236 (MCL 600.519 & 600.8139).

SB 840 Courts; judges; certain trial court judgeships; reduce in number. Amends secs. 524, 8146 & 8148 of 1961 PA 236 (MCL 600.524 et seq.).

SB 841 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 526 & 8161 of 1961 PA 236 (MCL 600.526 & 600.8161).

SB 842 Courts; judges; probate court judgeships; reduce in number. Amends secs. 803, 805, 8112, 8132, 8156 & 8159 of 1961 PA 236 (MCL 600.803 et seq.).

SB 843 Courts; judges; certain district court judgeships; reduce in number. Amends secs. 8125 & 8134 of 1961 PA 236 (MCL 600.8125 & 600.8134).

SB 844 Courts; judges; certain circuit court and district court judgeships; reduce in number. Amends secs. 504, 8123 & 8136 of 1961 PA 236 (MCL 600.504 et seq.).

SB 849 Legislature; apportionment; redistricting of court of appeals; provide for. Amends sec. 301 & 302 of 1961 PA 236 (MCL 600.301 & 600.302).

Of General Interest
SB 803 Elections; voters; declaration of United States citizenship when voting or applying for an absent voter ballot; require. Amends secs. 523, 759 & 761 of 1954 PA 116 (MCL 168.523 et seq.).

SB 845 Criminal procedure; sentencing; penalties for domestic violence with prior conviction; allow to be enhanced with a deferred and dismissed conviction. Amends sec. 4a, ch. IX of 1927 PA 175 (MCL 769.4a).

SB 846 Criminal procedure; sentencing guidelines; sentencing guidelines for crime of domestic violence with prior conviction; enact. Amends sec. 16d, ch. XVII of 1927 PA 175 (MCL 777.16d).

SB 847 Criminal procedure; sentencing; penalties for domestic violence with prior offenses; enhance. Amends sec. 81 of 1931 PA 328 (MCL 750.81).

SB 848 Crimes; other; assault by strangulation or suffocation as assault with intent to do great bodily harm less than murder; specify. Amends sec. 84 of 1931 PA 328 (MCL 750.84).

In the Hall of Justice
2011 Child Welfare Award Winners Announced

Michigan Adoption Day is November 22; Statewide Event Highlights Adoptive Families, Foster Children's Needs

False-Confession Experts' Testimony Excluded at Double Murder Trial; Michigan Supreme Court to Hear Oral Argument on Whether Testimony Should Have Been Allowed

Rule Amendments
2010-05 Amendment of Rules 2.112, 2.625, 7.206, and 7.213 of the Michigan Court Rules
The existing fact-specific pleading requirements in MCR 2.112(M) are retained and expanded to promote earlier consideration whether facts must be established in the case. The amendments of MCR 2.625 clarify that costs, including reasonable attorney fees, are recoverable in a Headlee action. The amendment of MCR 7.206(D)(3) allows parties to utilize electronic filing in Headlee cases, as well as other extraordinary writs or original actions filed in the Court of Appeals. The amendments of MCR 7.206 create a new specific subsection (7.206[E]) regarding the procedure for filing a Headlee action as an original proceeding in the Court of Appeals. The amendment of MCR 7.213 is intended to clarify that Headlee actions are considered priority matters in the Court of Appeals.
Issued: November 10, 2011
Effective: January 1, 2012

Proposed Amendments
2010-26 Proposed Amendment of Rule 7.210 and Rule 7.212 of the Michigan Court Rules
The proposed amendments of MCR 7.210 and MCR 7.212 would extend the time period in which parties may request that a court settle a record for which a transcript is not available and would clarify the procedure for doing so.
Issued: November 10, 2011
Comment period expiration: March 1, 2012
Public hearing: To be scheduled

At the Bar
Sections and Committees
The Family Law Section submitted Public Policy position reports on the following items:
Oppose: HB 4844 Civil procedure; personal protection orders; statewide personal protection order registry; create, and provide for law enforcement information network (LEIN) access. Amends secs. 2950 & 2950a of 1961 PA 236 (MCL 600.2950 & 600.2950a) & adds sec. 2950n.

Oppose: SB 135 Children; parental rights; process for judicial waiver of parental consent requirement; clarify. Amends secs. 3 & 4 of 1990 PA 211 (MCL 722.903 & 722.904).

Oppose: SB 545 Family law; marriage and divorce; divorce; require a divorce effects program before entry of judgment of divorce. Amends 1846 RS 84 (MCL 552.1552.45) by adding sec. 5.

Oppose: SB 546 Family law; marriage and divorce; prerequisites for issuance of a marriage license; require premarriage program or longer waiting period. Amends title & secs. 3 & 3a of 1887 PA 128 (MCL 551.103 & 551.103a) & adds sec. 2a & 2b.

Oppose: SB 549 Family law; marriage and divorce; premarital education; require statement of whether parties have received premarital education in marriage certificate. Amends sec. 4 of 1887 PA 128 (MCL 551.104).

State News
State House Passes Anti-bullying Bill Without Controversial Language
(Detroit News, 11/11/11)

Rep. Paul Scott Recalled, Concedes Defeat
(Detroit Free Press, 11/8/11)

U.S. Supreme Court Agrees to Hear 'Juvenile Lifer' Cases, Could Have Major Impact in Michigan
(Mlive.com, 11/8/11)

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