Public Policy Update from the State Bar of Michigan
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February 8, 2016
Volume 14, Issue 06

In the Capitol

New Public Acts

Committee Meetings of Interest This Week—Complete List

2/9 House Judiciary, 12:00 p.m. More
HB 5024 Create impaired driving safety commission;
SB 207 Amend certain definitions and procedures for operating a motor vehicle under the influence of alcohol or a controlled substance, or both;
SB 434 Create pilot program to use preliminary drug testing at roadside stop;
SB 471 Clarify fourth division jurisdiction over sixty-seventh district.

2/9 Senate Judiciary, 1:00 p.m. More
HB 4868 Criminalize certain uses of unmanned aerial vehicles;
HB 5034 Enact uniform fiduciary access to digitals assets act;
SB 566 Provide for immunity from liability for damages of forcible entry into a motor vehicle for purpose of rescuing a minor or animal from vehicle;
SB 696 Require reporting of burn injuries by medical personnel under certain circumstances;
SB 697 Provide for reporting requirement by insured for a nonaccidental building or other structure fire;
SB 728 Modify number of judgeships in the fifty-first district.
Elder Law & Disability Rights Section Position on HB 5034: Support.
Probate & Estate Planning Section Position on HB 5034: Support Substitute.

2/10 House Appropriations, Joint Meeting with Senate Appropriations, 11:00 a.m. More
Presentation of Governor Snyder's Fiscal Year 2017 and 2018 Budget Recommendation.

2/11 House Oversight and Ethics, 10:30 p.m. More
Agenda Item of Interest:
HB 4629 Eliminate requirement for property owner to provide cash bond to contest forfeiture proceedings and to pay costs and expenses of forfeiture proceedings under certain circumstances.

Legislative Action Last Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.

HB 4869 (Revised Judicature Act of 1961, Physicians to be Exempt from Jury Duty in Certain Circumstances) was reported out of House Judiciary with Substitute H-2 on February 2.
State Bar of Michigan Position on HB 4869: Oppose.
Criminal Jurisprudence & Practice Committee Position on HB 4869: Oppose.

SB 709 (Judgeship Redistricting) passed the Senate 27-10 on February 3.

Legislation Introduced

Of Legal Interest

  • HB 5288 (Wittenberg) Occupations; attorneys; individuals licensed to practice law as a military spouse; require certain notifications to board of law examiners. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 947a.
  • HB 5289 Occupations; attorneys; license to practice law for military spouse; provide for under certain conditions. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 947.
  • HB 5310 Probate; guardians and conservators; procedure for ward's relative to petition court for access to ward; provide, and require guardian to notify interested persons of ward's admission to a hospital. Amends secs. 5308, 5310 & 5314 of 1998 PA 386 (MCL 700.5308 et seq.).
  • SB 0740 Family law; marriage and divorce; persons authorized to officiate civil unions; allow all judges to perform. Amends secs. 7 & 16 of 1846 RS 83 (MCL 551.7 & 551.16).
  • SB 0742 Occupations; attorneys; eligibility requirements for attorney licensed in another state to practice law in Michigan; modify. Amends secs. 931, 937, 940 & 946 of 1961 PA 236 (MCL 600.931 et seq.) & adds 945.

In the Hall of Justice

Everyday Citizens Can Impact the Future of Michigan's Most Vulnerable Children by Serving on Foster Care Review Boards around the State

2004-08 - Amendments of MCR 8.126, MCR 9.108, and SBR 15
Issued: February 3, 2016
Effective: May 1, 2016
These rule revisions combine and transfer the ministerial functions of processing the payment and monitoring the number of cases for which an out-of-state attorney is temporarily admitted in Michigan to the State Bar of Michigan. In addition, the Michigan attorney associated with the out-of-state attorney is required to submit a copy of the order granting permission to the out-of-state attorney to the state bar for purposes of monitoring.

Proposed Amendments
2016-06 - Proposed Amendments of MCR 3.925, MCR 8.119, and MCR 8.302 and Proposed New MCR 5.133
Issued: February 3, 2016
Comment Period Expiration: May 1, 2016
The proposed amendments of MCR 3.925, 8.119, and 8.302 and proposed new MCR 5.133 are an expected progression in the development of policies and procedures arising from a larger project that was initiated, in part, through the Access to Records Committee in 2009. These policies and procedures are intended to standardize management of court records and to provide a uniform basis for developing parameters on the use of technology in creating, accessing, routing, maintaining, and disposing of court records. These particular amendments will assist in implementing the goals of 2013 PA 199 and 201 and improving the policies and procedures adopted by the Court in 2012 under Administrative File No. 2006-47.

2016-01 - Appointment of Chief Judge of the Trial Courts of Clinton and Gratiot Counties
Issued: February 3, 2016
Effective: February 1, 2016

2015-01 - Appointments to the Committee on Model Civil Jury Instructions
Issued: February 3, 2016

2015-01 - Appointments to the Committee on Model Criminal Jury Instructions
Issued: February 3, 2016

At the Bar

What is Marketing

Nominations Open for Major State Bar Awards; Deadline is Feb. 19

Representative Assembly Accepting Awards Nominations Before March 18

Links of Interest

SBM Public Policy Resource Center
Michigan Supreme Court
Michigan Legislature
MCL Search Engines