Public Policy Update from the State Bar of Michigan
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October 30, 2017
Volume 15, Issue 42

In the Capitol

10/31 House Law & Justice, 9:00 a.m. MORE
Agenda:
HB 4486 Modify penalties for third degree and fourth degree child abuse;
HB 4487 Modify sentencing guidelines for crimes of third degree and fourth degree child abuse;
HB 4766 Revise remedies for violations of the open meetings act;
SB 44 Provide for recovery of certain costs for criminal contempt prosecution or retail fraud.

10/31 House Judiciary, 12:00 p.m. MORE
Agenda:
HB 5121 Create children's assurance of quality foster care policy;
HB 5122 Create specific policy for foster children;
HB 5123 Require the department of human services to provide to foster children information regarding the foster children's assurance of quality foster care policy;
HB 4446 Authorize board of directors to initiate or defend legal actions on behalf of co-owners of a condominium association;
HB 4523 Repeal Michigan explosives permitting act;
HB 4524 Revise joint and several liability to reflect repeal of explosives act of 1970;
HB 5137 Prohibit certain activities with respect to explosive materials and provide penalties;
HB 5138 Prohibit certain activities with respect to explosive materials, and enact sentencing guidelines;
HB 5189 Limit number of grower licenses at a single location.

10/31 Senate Banking & Financial Institutions, 2:30 p.m. MORE
Agenda Items of Interest:
SB 516 Provide opportunity for mediation in foreclosure of mortgages and land contracts of agricultural property and collection of agricultural debts;
SB 517 Establish agricultural mediation program for certain qualified persons;
SB 518 Provide opportunity for mediation in enforcement of security interest in agricultural property.

11/1 Criminal Justice Policy Commission, 9:00 a.m. MORE

Complete Committee Meeting List

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 4470 (Revised Judicature Act of 1961, Appointment of Receiver) and HB 4471 (Uniform Commercial Real Estate Receivership Act) were reported out of House Judiciary without amendments on 10/24.

SB 385 (Occupational Code, Collection Practices) was referred to the House Committee on Regulatory Reform on 10/24.
SBM Position on SB 385: Opposed as introduced; Support the S-1 substitute as passed the Senate because it addressed concerns with the unlicensed practice of law.
Consumer Law Section Position on SB 385: Oppose.

SB 435 (Revised Judicature Act of 1961, Certification of Drug Treatment Courts by SCAO) passed the House 97 to 9 on 10/26.
SBM Position on SB 435: Support.
Criminal Law Section Position on SB 435: Support.

SB 436 (Michigan Vehicle Code, Certification of DWI/Sobriety Court by SCAO) passed the House 99 to 7 on 10/26.
SBM Position on SB 436: Support.
Criminal Law Section Position on SB 436: Support.

SB 437 (Revised Judicature Act of 1961, Certification of Mental Health Courts by SCAO) passed the House 100 to 6 on 10/26.
SBM Position on SB 437: Support.
Criminal Law Section Position on SB 437: Support.

SB 438 (Revised Judicature Act of 1961, Certification of Veterans Courts by SCAO) passed the House 100 to 6 on 10/26.
SBM Position on SB 438: Support.
Criminal Law Section Position on SB 438: Support.

Legislation Introduced 10/24–10/26
Last week bills were introduced in the following areas of law:

In the Hall of Justice

Michigan Supreme Court Announces Cases for November 2017 Oral Arguments

Supreme Court Awards more Than $1 Million in Grants to Veterans Treatment Courts Statewide

Michigan Supreme Court Honors Genesee County Mental Health Court 10th Anniversary

West Wing Actress Melissa Fitzgerald and Justice McCormack to Speak at Training Program for Michigan Veteran Court Mentors

Suzy Crittenden Awarded 2017 Michigan Child Support Program

Michigan Supreme Court Goes on the Road to Cass Tech

At the Bar

Please Participate in 2017 Economics of Law Practice Survey

Civil Discovery Court Rule Review Committee Seeks Members' Input on Draft Proposal
For over a year, the State Bar of Michigan’s Civil Discovery Court Rule Review Special Committee, with the help of five subcommittees, has engaged in a detailed review of the civil discovery court rules in Michigan to evaluate ways to improve them. With a broad cross-section of lawyers, judges, and court administrators from across the state, the Committee has produced a draft report and set of proposed rules changes. Taken as a whole, this is an attempt to modernize our court rules, adopt best practices from other jurisdictions, and to improve the efficiency of the judicial system and access to justice by making discovery less onerous, more efficient and more targeted.
The Committee is seeking on this draft proposal from stakeholder groups and bar members to ensure that these proposed rules make effective improvements to efficiency in the discovery process and make our courts more accessible to all.

The draft proposal is available here.

Please e-mail your comments to civildiscovery@michbar.org by December 1, 2017.

The Committee will consider the feedback that it receives to revise its proposal; the Committee plans to submit the revised proposal to the Representative Assembly for consideration at its April 2018 meeting. Thank you in advance for your feedback.


Links of Interest

SBM Public Policy Resource Center
Public Acts
Michigan Supreme Court
Michigan Legislature
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