Public Policy Update from the State Bar of Michigan
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March 28, 2016
Volume 14, Issue 13

In the Capitol

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 4629 (Public Health Code, Forfeiture Proceedings) passed the House, 100 to 7 on 3/22. Bill forwarded to the Senate for consideration and referred to the Senate Judiciary Committee.

HB 5034 (Fiduciary Access of Digital Assets) was presented to the Governor for his signature.
Elder Law & Disability Rights Section Position: Support.
Probate & Estate Planning Section: Support Substitute.

New Public Acts

Legislation Introduced

Of Legal Interest

HB 5502 Courts; jurisdiction; jurisdiction on appeals from orders and judgments of the probate court; provide to the court of appeals. Amends secs. 308, 846, 866 & 867 of 1961 PA 236 (MCL 600.308 et seq.) & repeals secs. 861 & 863 of 1961 PA 236 (MCL 600.861 & 600.863).

HB 5503 Courts; jurisdiction; appellate review of certain court orders by probate court; preclude. Amends sec. 1303 of 1998 PA 386 (MCL 700.1303).

HB 5504 Civil procedure; statute of limitations; limitations period under uniform fraudulent transfer act for action relating to qualified dispositions in trust act; modify. Amends secs. 1, 4 & 9 of 1998 PA 434 (MCL 566.31 et seq.).

HB 5505 Probate; trusts; qualified dispositions in trust act; enact. Creates new act.

HB 5520 Family law; marriage and divorce; requirement that judgment of divorce contain provisions regarding wife's dower rights; eliminate. Amends sec. 1 of 1909 PA 259 (MCL 552.101).

HB 5522 Civil procedure; costs and fees; fee for publication of legal notice; eliminate sunset for annual increases for inflation. Amends sec. 2534 of 1961 PA 236 (MCL 600.2534).

Of General Interest

HB 5523 Traffic control; violations; violations for leaving the scene of an accident; modify. Amends sec. 618 of 1949 PA 300 (MCL 257.618).

In the Hall of Justice

Rule Amendments

2014-09—Amendments of MCR 2.119, 7.212, and 7.215 (regarding citation of Court of Appeals opinions)
An unpublished opinion may be cited, for example, if there is no published authority on a given legal proposition or if it is necessary to demonstrate a conflict in interpretation of the law. The changes in MCR 2.119 and MCR 7.212 provide cross-references to MCR 7.215(C).
Issued: 3/23/16
Effective: 5/1/16

Administrative Orders
2002-37—Amendment of Administrative Order No. 2011-1 (expansion of e-filing in the 3rd Circuit Court [Wayne County])
Issued: 3/23/16
Effective: Immediately

Proposed Amendments
2013-18—Proposed Amendments of MCR 2.004, 3.705, 3.708, 3.804, 3.904, 4.101, 4.201, 4.202, 4.304, 4.401, 5.119, 5.140, 5.402, 5.404, 5.738a, 6.006, and 6.901 (would expand authority to use videoconferencing)
The proposed amendments of MCR 2.004, 3.705, 3.708, 3.804, 3.904, 4.101, 4.201, 4.202, 4.304, 4.401, 5.119, 5.140, 5.402, 5.404, 5.738a, 6.006, and 6.901 would permit courts to expand the use of videoconferencing technology in many court proceedings.
Issued: 3/23/16
Comment Period Expiration: 7/1/16

2014-03—Proposed Adoption of Administrative Order No. 2016-XX (regarding antinepotism policy and would rescind Administrative Order No. 1996-11)
Issued: 3/23/16
Comment Period Expiration: 7/1/16

At the Bar

SBM Seeks Applications for 2016–2017 Committee Service

5 Steps to Get Noticed on the Web

SBM Seeks Applications for 2016 Pro Bono Circle of Excellence


Links of Interest

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