Public Policy Update from the State Bar of Michigan
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March 21, 2016
Volume 14, Issue 12

In the Capitol

Committee Meetings of Interest This Week—Complete List

3/22 House Judiciary, 12:00 p.m. More
Agenda:
HB 5230 Prohibit indemnity agreement in snowplow and deicing services contracts;
SB 207 Amend certain definitions and procedures of operating a motor vehicle under the influence of alcohol or a controlled substance, or both;
SB 270 Clarify probate court jurisdiction over guardianship and conservatorship proceedings;
SB 434 Create pilot program to use preliminary drug testing at roadside stop;
SB 453 Expand residency requirement for magistrate in the third class district courts;
SB 581 Revise sex offender registration loitering provisions.
Elder Law & Disability Rights Section Position on SB 270: Support in Concept.
Probate & Estate Planning Section on SB 270: Support in Concept.
SBM Position on SB 453: Support.

3/22 Senate Judiciary, 3:00 p.m. More
Agenda:
SB 848 Protect free speech rights for journalism students in public schools;
SB 858 Clarify revocation of paternity in cases where a child's birth is the result of criminal sexual conduct;
Testimony only:
SB 723 Provide for automatic expunction of arrest records for wrongful arrest due to mistaken identity or identity theft.

3/23 Senate Appropriations: Judiciary, 9:00 a.m. More
Agenda:
Report FY 2016-17 Judiciary Budget - Subcommittee Recommendation.

3/23 House Appropriations: Judiciary, 12:00 p.m. More
Agenda:
Report House Substitute for HB 5264.

3/24 House Appropriations: Corrections, 10:30 a.m. More
Agenda:
Report House Substitute for HB 5272.

Legislative Action This Past Week:
Summary of legislative action on all bills that the State Bar or sections of the State Bar have taken positions.
HB 4747 (Revised Judicature Act of 1961, Adverse Possession) House concurred with S-1 substitute, and bill has been presented to the Governor.
Real Property Law Section Position: Support Proposed Amendments.

HB 4869 (Revised Judicature Act of 1961, Physicians to be Exempt from Jury Duty in Certain Circumstances) passed the House 95 to 14 on March 16 with Substitute H-2. Bill sent to Senate and referred to the Senate Judiciary Committee.
SBM Position: Oppose as introduced.

HB 5034 (Fiduciary Access of Digital Assets) passed the Senate 37 to 0 on March 17 with substitute S-1. Bill returned to the House for concurrence.
Elder Law & Disability Rights Section Position: Support.
Probate & Estate Planning Section: Support Substitute.

SB 0551 (Estates & Protected Individuals Code) substitutes have been concurred on and the bill is now onto the Governor.
Elder Law & Disability Rights Section Position: Support H-1.
Probate & Estate Planning Section: Support with Recommended Amendments.

New Public Acts

Legislation Introduced

Of Legal Interest

HB 5454 Property; condemnation; court costs and attorney fees; impose on agency that fails to review takings assessment guidelines before taking. Amends title of 1996 PA 101 (MCL 24.421 - 24.425) & adds sec. 6.

SB 0858 Family law; paternity; revocation of paternity in cases where a child's birth is the result of criminal sexual conduct; clarify. Amends secs. 13 & 15 of 2012 PA 159 (MCL 722.1443 &722.1445).

Of General Interest

HB 5456 Crimes; intoxication or impairment; driver license sanctions; provide for. Amends secs. 304, 319, 625e & 625f of 1949 PA 300 (MCL 257.304 et seq.).

HB 5469 Civil rights; other; legislative open records act (LORA); create as part of the freedom of information act. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding pt. 2.

HB 5470 Civil rights; other; fee for public record search under legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding sec. 54.

HB 5471 Civil rights; other; access to public record search under legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding sec. 55.

HB 5472 Public employees and officers; state; designation of legislative open records act (LORA) coordinator; provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 56, 57, 58 & 59.

HB 5473 Civil rights; other; appeal procedure of the legislative open records act (LORA); provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 59a & 59b.

HB 5474 Civil rights; other; separation of material exempt from disclosure; provide for. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 59e & 59f.

HB 5475 Civil rights; other; disclosure of certain legislative open records; provide exemption. Amends 1976 PA 442 (MCL 15.231 - 15.246) by adding secs. 59c & 59d.

HB 5476 Legislature; legislative agencies; deciding appeals of public records requests under the legislative open records act; add to legislative council administrator's duties. Amends sec. 104a of 1986 PA 268 (MCL 4.1104a).

HB 5477 Civil rights; other; freedom of information act exemptions; modify. Amends sec. 13 of 1976 PA 442 (MCL 15.243).

HB 5478 Civil rights; other; governor's office; subject to freedom of information act and designate separate part of act. Amends secs. 1 & 2 of 1976 PA 442 (MCL 15.231 & 15.232) & designates secs, 1 - 16 as pt. 1.

In the Hall of Justice

High school students can experience 'Moot Court' through Supreme Court Learning Center summer program

At the Bar

Facebook Page—It's for Lawyers

Two Judicial Vacancies—56th Circuit & 70th District Courts

LinkedIn—the Professional Networking Tool

Sections and Committees
The Elder Law & Disability Rights Section submitted public policy position reports on the following items:
Support: HB 5139 Property; conveyances; joint tenancy; clarify ability to create unequal joint interests. Amends sec. 49 of 1846 RS 65 (MCL 565.49).

Support: HB 5140 Property tax; assessments; procedures for determining whether there has been a transfer of ownership of property; modify. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

Support: HB 5141 Property tax; assessments; definition of transfer of ownership; modify certain excluded transfers. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

Support in Concept: SB 0270 Probate; guardians and conservators; probate court jurisdiction over guardianship and conservatorship proceedings; clarify. Amends 1998 PA 386 (MCL 700.1101 - 700.8206) by adding secs. 5301b & 5402a.

Support: SB 0551 H-1 Probate; wills and estates; designation of a funeral representative to make disposition arrangements for decedent; provide for. Amends secs. 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614 & 3701 of 1998 PA 386 (MCL 700.1104 et seq.), adds secs. 3206a & 3206b & repeal sec. 3208 of 1998 PA 386 (MCL 700.3208).

Support: SB 0648 Property tax; assessments; definition of transfer of ownership; modify certain excluded transfers. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

Support: SB 0649 Property; conveyances; joint tenancy; clarify ability to create unequal joint interests. Amends sec. 49 of 1846 RS 65 (MCL 565.49).

Support: SB 0650 Property tax; assessments; procedures for determining whether there has been a transfer of ownership of property; modify. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).


Links of Interest

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