Public Policy Update from the State Bar of Michigan
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November 28, 2016
Volume 14, Issue 47

In the Capitol

Committee Meetings of Interest This Week—Complete List

11/29 House Judiciary, 12:00 p.m. More
Agenda:
HB 5479 Revise procedure for complying with a do-not-resuscitate order to reflect physician orders for scope of treatment forms;
HB 5480 Establish procedure if adult foster care facility is unwilling to comply with the physician orders for scope of treatment form;
HB 5481 Authorize a guardian to sign physician orders for scope of treatment form;
HB 5482 Allow physician orders for scope of treatment forms;
HB 5520 Eliminate requirement that judgment of divorce contain provisions regarding wife's dower rights;
Family Law Section Position on HB 5520: Oppose with Recommended Amendments.
HB 5791 Prohibit additional period of suspension of license for certain violations under certain circumstances;
SB 141 Update sentencing guidelines for selling marihuana in violation of registry identification card restrictions;
SB 270 Clarify probate court jurisdiction over guardianship and conservatorship proceedings;
Elder Law & Disability Rights Section Position on SB 270: Support in Concept.
Probate & Estate Planning Section Position on SB 270: Support in Concept.
SB 558 Repeal dower rights;
Probate & Estate Planning Section Position on SB 558: Support.
Real Property Law Section Position on SB 558: Support.
SB 560 Revise reference to dower in estates and protected individuals code to reflect abolition of dower;
Probate & Estate Planning Section Position on SB 560: Support.
Real Property Law Section Position on SB 560: Support.
SB 1021 Allow under certain circumstances children's advocacy centers to have access to confidential records;
SB 1045 Extend sunset on e-filing fee;
SBM Position on SB 1045: Support.
SB 1090 Provide for definition of reasonable and prudent parenting standard;
SB 1091 Modify procedures for permanency planning, and require compliance with federal standards.

11/29 Senate Judiciary, 2:00 p.m. More
Agenda:
HB 5024 Create impaired driving safety commission;
Marijuana Law Section Position on HB 5024: Support with Recommended Amendments.
SB 1067 Eliminate statute of limitations for sexual abuse of a child;
SB 1080 Prohibit, and provide a penalty detainee or prisoner in holding cell, jail, or correctional facility throwing bodily material on certain individuals;
SB 1081 Enact sentencing guidelines for crime of prisoner in holding cell, jail, or correctional facility throwing bodily material on certain individuals;
SB 1109 Exempt minimum standards for indigent defense from rule-making process;
SB 1170 Allow fingerprinting and photographing of child or youth with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian;
SB 1171 Allow fingerprinting and photographing of individual with special health care needs taken and submitted to the automated fingerprint identification system (AFIS) and the statewide network of agency photos upon request of parent or guardian;
SB 1175 Revise penalty for manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver certain synthetic substances;
SB 1176 Modify sentencing guidelines for the delivery or manufacture of marihuana to include certain synthetic equivalents.

11/30 House Families, Children, and Seniors, 9:00 a.m. More
Agenda Items of Interest:
HB 4973 Create child abuse offenders registry;
Criminal Law Section Position on HB 4973: Oppose.
Prisons & Corrections Section Position on HB 4973: Oppose.
HB 4974 Require certain persons convicted of child abuse offense to register under the child abuse offender registry;
Criminal Law Section Position on HB 4974: Oppose.
Prisons & Corrections Section Position on HB 4974: Oppose.
HB 4975 Provide for sentencing guidelines for child abuse offenders registration act violation.
Criminal Law Section Position on HB 4975: Oppose.

Complete Committee Meeting List

In the Hall of Justice

Michigan Supreme Court to Hear Oral Arguments December 7 and 8

100 Children Realize Their Forever Family Last Week in Courts Across the State

Administrative Orders
2016-32—Adoption of Administrative Order No. 2016-4
This administrative order directs circuit courts to expedite disposition of pending appeals, and report unresolved appeals beginning March 1, 2017.
Issued: 11/23/16
Effective: Immediately

Proposed Amendments
2015-22—Proposed Amendments of MCR 3.203 and MCR 3.208
The proposed amendment of MCR 3.203 would allow the friend of the court to use automated databases such as the United States Postal Services' National Change of Address database to identify outdated addresses and update them to correct addresses. The proposed amendments would allow a party or a party's attorney to agree to receive notices and other court papers from the friend of the court electronically. The proposed amendments would move the requirement to provide notices to attorneys of record from MCR 3.208.
Issued: 11/23/16
Comment Period Expiration: 3/1/17

2016-11—Proposed Amendments of MCR 3.208
The proposed amendment of MCR 3.208 would implement 2014 PA 378 permitting alternate procedures to set contempt proceedings to reduce the steps necessary to schedule a hearing. The proposed amendments also would clarify when the FOC must participate in a contempt hearing. In addition, the proposed amendments would implement 2014 PA 381 making the Office of Child Support responsible for determining allocation and distribution of child support payments, and would allow the friend of the court to refrain from enforcing child support orders in situations in which it is inappropriate or unproductive for the friend of the court to continue to enforce child support orders.
Issued: 11/23/16
Comment Period Expiration: 3/1/17

2016-32—Proposed Amendments of MCR 5.801, 5.802, 7.102, 7.103, 7.108, 7.109, 7.202, 7.203, 7.205, 7.208, 7.209, 7.210, 7.212, and 7.213
The proposed amendments of Rules 5.801, 5.802, 7.102, 7.103, 7.108, 7.109, 7.202, 7.203, 7.205, 7.208, 7.209, 7.210, 7.212, and 7.213 of the Michigan Court Rules would require all appeals from probate court to be heard in the Court of Appeals, instead of the bifurcated system that previously required some probate appeals to be heard in the Court of Appeals and some to be heard in the local circuit court. The proposal also would establish priority status for appeals in guardianship and mental illness cases, similar to child custody cases.
Issued: 11/23/16
Comment Period Expiration: 3/1/17

2016-29—Proposed Amendments of MCR 7.121
The proposed amendment of MCR 7.121 would update the court rules to incorporate statutory changes enacted in 2015 PA 3 and 207.
Issued: 11/23/16
Comment Period Expiration: 3/1/17

Appointments
2016-01—Appointments to the Committee on Model Civil Jury Instructions
Issued: 11/23/16
Effective: 1/1/17

2016-01—Appointments to the Committee on Model Criminal Jury Instructions
Issued: 11/23/16
Effective: 1/1/17

2016-01—Appointments to the Foreign Language Board of Review
Issued: 11/23/16
Effective: 1/1/17

2016-01—Appointment of Chief Judge of the 25th Circuit Court and Marquette County Probate Court
Issued: 11/23/16
Effective: 1/1/17

2016-01—Appointment of Chief Judge of the 87A District Court (Gaylord)
Issued: 11/23/15
Effective: 1/1/17

At the Bar

Lawyer Trust Accounts Seminar Set for Tuesday, February 28


Links of Interest

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