Public Policy Update from the State Bar of Michigan
November 19-25, 2012
Volume 10 Issue 47

In the Capitol
11/27 State Drug Treatment Court Advisory Committee

11/27 House Families, Children, and Seniors
Agenda Items of Interest: SB 246 Revise juvenile competency standards; HB 4555 Clarify juvenile competency and culpability; HB 5641 Require certain notifications to recipients regarding expungement and limit maintenance of records to 10 years.
SBM Position on SB 246 and HB 4555: Support SB 246, SB 247, HB 4555, and HB 4556 but respectfully requests an amendment be made regarding the qualifications of who performs a competency evaluation.
Criminal Law Section Position on SB 246: Support and Recommend Amendments.
Criminal Jurisprudence & Practice Committee Position SB 246 and HB 4555: Adopt the Criminal Law Section Position.
Justice Policy Initiative Position on SB 246 and HB 4555: Adopt the Criminal Law Section Position.

11/27 Senate Judiciary
Agenda: HB 5466 Prohibit certain indemnification provisions in construction-related service contracts with public agencies; For Testimony Only: SB 1312 Modify best interest of the child determination relating to child abuse and neglect; And any other business properly before the committee.

11/27 Senate Insurance
Agenda Items of Interest: SB1115 Modify and clarify procedures for entry of damage awards; SB1117 Include nonlicensed health care providers persons to whom medical malpractice provisions of the revised judicature act apply; SB1118 Revise period of limitations for survival actions and disallow prejudgment interest on attorney fees and costs.
Negligence Law Section Position on SB 1115: Oppose.
Negligence Law Section Position on SB 1117: Oppose.

11/28 House Banking and Financial Services
Agenda Items of Interest: SB 978 Allow trust decanting; SB 979 Modify personal property trust perpetuities act to account for decanted trusts; SB 980 Revise powers of appointment.
Probate & Estate Planning Section Position on SB 978–SB 980: Support in Principle

11/29 House Judiciary
Agenda: SB 645 Prohibit prisoners receiving or possessing certain items; SB 380 Provide for sentencing guidelines for crime of failure to report a dead body with purpose of concealing fact of or cause of death; SB 231 Require to notify law enforcement under certain circumstances in the discovery of a dead body; SB 539 Allow appointment in this state of guardians and conservators appointed in other jurisdictions; SB 630 Clarify retention and release of nonpublic records of an arrest, diversion, discharge, or dismissal of certain controlled substance cases; SB 631 Clarify retention of nonpublic records during period of diversion for a controlled substance violation; SB 632 Require retention of nonpublic records during period of diversion for a controlled substance violation; SB 633 Clarify retention of nonpublic records during period of diversion for certain crimes; SB 321 Exempt required coverage for medical marihuana coverage in insurance policies; SB 933 Exclude medical marihuana expenses incurred to treat work-related injury from reimbursement requirements.
Probate & Estate Planning Section Position on SB 539: Support

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Wright Lifetime Achievement Award Winners

The Michigan Supreme Court will hold a public administrative hearing on Wednesday, November 28, 2012, in the Supreme Court courtroom located on the sixth floor of the Michigan Hall of Justice, 925 W. Ottawa Street, Lansing, MI 48915. The hearing will begin promptly at 9:30 a.m. Persons who wish to address the Court regarding matters on the agenda should notify the Office of the Clerk of the Court in writing at P.O. Box 30052, Lansing, MI 48909, or by e-mail to MSC_clerk@courts.mi.gov, no later than Monday, November 26, 2012.
For SBM positions, see Public Policy Update Issue 45.

State News
15 Topics to Watch During the Michigan Legislature's 'Lame Duck' Session—From Unions to Abortion to Personal Property Taxes
(Mlive.com, 11/26/12)

Webberville Woman Says Jury Duty Led to Firing
(Lansing State Journal, 11/24/12)

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