Public Policy Update from the State Bar of Michigan
November 25–December 1, 2013
Volume 11 Issue 48

In the Capitol
Committee meetings of interest for the week of 12/2
12/3 House Government Operations
Agenda:
HB 5156 Provide for court of claims exceptions to trial by court without jury under certain circumstances.
SBM position: Support the bill, and support the amendments suggested by the Negligence Law Section.
Negligence Law Section position: Support with Amendments.

12/3 House Elections & Ethics
Agenda Item of Interest:
SB 661 Provide for general amendments contributions and expenditures.

12/3 Senate Judiciary
SB 557 Allow certain state funds to be used to provide mental health services;
SB 558 Establish program to divert persons with serious mental illness from justice system to treatment;
HB 4133 Expand waiver for certain individuals to carry weapon in weapon-free zones to include certain retired corrections officers;
HB 4134 Provide for waiver of no-carry zone and certain educational requirements certain law enforcement and military officials;
HB 4350 Expand waiver for certain individuals to carry weapon in weapon-free zones to include prosecutors;
HB 4889 Increase penalties for certain controlled substance offenses involving travel from another state with the intent to deliver;
And any other business properly before the committee.

12/3 Senate Families, Seniors & Human Services
Agenda Items of Interest:
SB 586 Provide for jurisdiction of probate court over individuals less than 18 years of age who commit certain prostitution-related crimes;
SB 587 Provide for counseling program for children found to be victims of human trafficking;
SB 588 Provide for affirmative defense for victims of human trafficking in certain criminal prosecution;
SB 591 Allow setting aside criminal conviction on grounds of being a victim of human trafficking under certain circumstances;
And any other business properly before the committee.

12/3 Senate Appropriations: Corrections Department
Agenda:
Discussion of Prisoner Re-entry RFP.

12/4 House Criminal Justice
Agenda:
SB 318 Allow parole of certain juvenile offenders under certain circumstances;
SB 319 Provide for procedures for determining whether juvenile convicted of murder should be sentenced to imprisonment without parole eligibility;
HB 5078 Reestablish sentencing guidelines commission;
HB 5158 Create human trafficking commission.
Criminal Law Section position on SB 318: Support and Amend.
Criminal Law Section position on SB 319: Support and Amend.

12/5 House Judiciary
Agenda:
HB 4271 Provide for state and local regulation of marihuana provisioning centers;
HB 5104 Allow marihuana infused products;
SB 660 Allow sale of pharmaceutical-grade cannabis through licensed facilities under certain circumstances and regulate the possession and use of pharmaceutical-grade cannabis by certain individuals.

12/5 House Insurance
Agenda Items of Interest:
SB 31 Amend insurance code to provide for insurable interest of trustees;
SB 32 Provide for insurable interest amendments to the Michigan trust code;
Probate & Estate Planning Section position on SB 31: Support.
Probate & Estate Planning Section position on SB 32: Support.

Complete Committee Meeting List

New Public Acts

In the Hall of Justice
Rule Amendments

ADM File No. 2012-04 - Amendments of MCR 3.218
These amendments reflect state and federal statutory and regulation revisions that have occurred in the last decade, and add specificity and detail to the existing language in MCR 3.218.
Issued: November 27, 2013
Effective: January 1, 2014

Administrative Orders
ADM File No. 2004-04 - Administrative Order No. 2013-16
Issued: November 27, 2013
Effective: November 27, 2014

Proposed Amendments
ADM File No. 2013-04 - Proposed Amendment of MCR 3.705
The proposed amendment of MCR 3.705(C) would prohibit publication of information on the Internet that could reveal the identity or location of the protected party.
Issued: November 27, 2013
Comment period expiration: March 1, 2014

Other Actions
ADM File No. 2013-37 - Rescission of LCR 2.503 of the 48th Circuit Court
Issued: November 27, 2013
Effective: Immediately

At the Bar
SBM Now Accepting Journalism Nomations for McCree Awards

The Board of Commissioners met on December 2, 2013 at which time the State Bar of Michigan adopted the following public policy position:

HB 5153 Courts; judges; salary formula for judges; modify. Amends secs. 304, 555, 821& 8202 of 1961 PA 236 (MCL 600.304 et seq.).
SBM Position: Support.

HB 5156 Courts; judges; court of claims exceptions to trial by court without jury; provide for under certain circumstances. Amends sec. 6421 of 1961 PA 236 (MCL 600.6421).
SBM Position: Support the bill, and support the amendments suggested by the Negligence Law Section.

Sections and Committees
The Negligence Law Section submitted a public policy position report on the following item:
Support with Amendments: HB 5156 Courts; judges; court of claims exceptions to trial by court without jury; provide for under certain circumstances. Amends sec. 6421 of 1961 PA 236 (MCL 600.6421).

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