November 6, 2017
Volume 15, Issue 43
In the Capitol
11/7 House Law & Justice, 9:00 a.m. MORE
HB 5010 Include statute of limitations for crime of armed robbery;
SB 44 Provide for recovery of certain costs for criminal contempt prosecution or retail fraud;
SB 72 Modify parole eligibility for certain controlled substance offenders;
SB 73 Modify parole eligibility for certain controlled substance offenders;
SB 220 Amend sentencing guidelines for certain repeat drug offenses to reflect changes in public health code.
11/7 House Judiciary, 12:00 p.m. MORE
HB 4298 Require electronic video recording of child interrogations in child protection cases;
Children’s Law Section Position on HB 4298: Support.
HB 4299 Allow consideration of videorecorded statements in certain proceedings;
Children’s Law Section Position on HB 4299: Support.
HB 4300 Increase fines for improper release of videorecorded statements used in child protective services hearings, and require to be retained for certain period of time;
Children’s Law Section Position on HB 4300: Support.
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 and provide penalties for certain activities with respect to explosive materials;
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;
SB 207 Modify arrest power for state property security officers.
11/8 House Regulatory Reform, 11:30 a.m. MORE
Agenda Item of Interest:
SB 385 Allow engagement of staff attorneys by licensed debt collection agencies.
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.
11/8 Senate Families, Seniors, and Human Services, 3:00 p.m. MORE
Agenda Item of Interest:
HB 4751 Clarify enforceability of prenuptial agreements.
Family Law Section Position on HB 4751: Oppose with Recommended Amendments.
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) passed the House 102 to 6 and 101 to 7 respectively on November 1st.
HB 5167 (Michigan Employment Security Act) was reported out of the House Committee on Oversight on November 2nd.
HB 5172 (Michigan Employment Security Act) was reported out of House Committee on Oversight was substitute H-1 on November 2nd.
SB 435 (Revised Judicature Act of 1961, Certification of Drug Treatment Courts by SCAO) H-1 passed the Senate 34 or 0 on November 1st.
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) was given immediate effect and enrolled on November 1st.
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) was given immediate effect and enrolled on November 1st.
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) was given immediate effect and enrolled on November 1st.
SBM Position on SB 438: Support.
Criminal Law Section Position on SB 438: Support.
SB 525 (Revised Judicature Act of 1961, Reorganization of Courts & Number of Judgeships) passed the Senate 33 to 2 on November 2nd.
Legislation Introduced 10/31–11/2
Last week bills were introduced in the following areas of law:
In the Hall of Justice
Justice Wilder to Swear in Court of Appeals Judge Thomas Cameron
Statement of Chief Justice Stephen J. Markman Regarding Confirmation of Justice Joan L. Larsen U.S. Circuit Judge for the Sixth Circuit
Michigan Supreme Court Names Chief Judges for Courts Statewide
Michigan to Celebrate Adoption Month in November; Michigan Supreme Court Adoption Day November 21
2017-01: Appointment of Chief Judges of Michigan Courts
2016-09: Proposed Amendments of MCR 3.804, 3.971, 3.977 and Addition of MCR 3.809
The proposed amendments would incorporate into both the rules concerning juvenile proceedings and adoption proceedings the requirement to notify parents that the termination of parental rights does not automatically terminate the obligation to provide support for a child. The proposed amendments also would make clear that failure to provide the notice would not affect the parent’s obligation to continue to pay child support.
Comment Period Expiration: 3/1/2018
At the Bar
November 17 Board of Commissioners Public Policy Agenda
The Public Policy Committee will be meeting on Friday, November 17, 2017 to make recommendations for the full Board of Commissioners on public policy items. The agenda is posted online. Members of the State Bar are invited to submit comments to Board of Commissioners on any of the items on the agenda. All comments received before the November 17 meeting will be shared with the Board.
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 email@example.com 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
Michigan Supreme Court
MCL Search Engines