Public Policy Update from the State Bar of Michigan
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December 5, 2016
Volume 14, Issue 48

In the Capitol

Committee Meetings of Interest This Week—Complete List

12/6 House Judiciary, 8:15 a.m. More
Agenda:
HB 4520 Provide for allocation of responsibilities with respect to prevention and management of bed bug infestation.
HB 4919 Authorize board of directors to initiate or defend legal actions on behalf of and against co-owners of a condominium association;
HB 5626 Prohibit under certain circumstances advertise for, solicit, or recruit prospective adoptive or biological parents or guardians to participate in certain transfers of a child;
HB 5628 Prohibit unregulated custody transfer, and provide penalties for;
HB 5629 Prohibit use of parental power of attorney to permanently transfer custody of a child;
HB 5638 Allow decedent to exclude adult child by written instrument;
Probate & Estate Planning Section Position on HB 5638: Support with Recommended Amendments.
SB 924 Update sentencing guidelines for certain adoption violations;
SB 982 Update uniform fraudulent transfer act to uniform voidable transactions act;
SB 983 Revise business corporation act reference to uniform fraudulent transfer act to reflect renaming of act;
SB 984 Revise nonprofit corporation act reference to uniform fraudulent transfer act to reflect renaming of act;
SB 985 Revise support and parenting time enforcement act reference to uniform fraudulent transfer act to reflect renaming of act.

12/7 Criminal Justice Policy Commission, 9:00 a.m. More

12/8 Senate Judiciary, 12:30 p.m. More
Agenda:
HB 5288 Require certain notifications to board of law examiners for individuals licensed to practice law as a military spouse;
SBM Position: Support.
HB 5289 Provide for under certain conditions license to practice law for military spouse;
SBM Position: Support.
HB 5422 Revise crime of fourth degree vulnerable adult abuse;
HB 5790 Expand definition of peace officer in the carrying and administering opioid antagonists act to include corrections officers;
HB 5838 Prohibit knowingly selling or offering to sell travel services for the purpose of prostitution offense or human trafficking offense, and provide penalties;
HB 5839 Enact sentencing guidelines for crime of selling or offering to sell travel services for purpose of engaging in what would be prostitution or human trafficking if it occurred in this state;
HB 5842 Reestablish Michigan indigent defense commission within the department of licensing and regulatory affairs;
SBM Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.
HB 5843 Reestablish Michigan indigent defense commission in the department of licensing and regulatory affairs;
SBM Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.
HB 5844 Reestablish Michigan indigent defense commission in the department of licensing and regulatory affairs;
SBM Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.
HB 5845 Reestablish Michigan indigent defense commission in the department of licensing and regulatory affairs;
SBM Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.
HB 5846 Eliminate reference to autonomy and establish a salary and expenses structure;
SBM Position: Support.
Criminal Jurisprudence & Practice Committee Position: Support.
SB 1158 Modify parole eligibility for certain controlled substance offenders;
SB 1159 Modify parole eligibility for certain controlled substance offenders.

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 5282 (An Act to Make Uniform the Liability of Municipal Corporations) advanced to the third reading in the House on 11/29 and passed the House 62 to 44.
Negligence Law Section Position: Oppose.

HB 5359 (Revised Judicature Act of 1961, Cross-Reference to Reflect Amendment of Provisions Relating to Fees for Service of Process) and HB 5360 (Revised Judicature Act of 1961, Service of Process) passed the House on 12/1 104 to 4.

HB 5504 (Uniform Fraudulent Transfer Act) advanced to the third reading in the Senate on 11/30 and passed the Senate 36 to 0.
Probate & Estate Planning Section Position: Support.

HB 5520 (Requirement that Judgment of Divorce Contain Provisions Regarding Wife's Dower Rights) was reported out of House Judiciary on 11/29.

HB 5542 (An Act to Provide for Setting Aside the Conviction in Certain Criminal Cases), HB 5543 (Probate Code of 1939, Juvenile Adjudication), and HB 5544 (The Michigan Penal Code) passed the Senate on 12/1.

HB 5815 (Corrections Code of 1953, Reentry Services) advanced to the third reading in the House on 12/1.
Prisons & Corrections Section Position: Support.

SB 270 (Estates & Protected Individuals Code) was reported out of House Judiciary without Amendment on 11/29.
Elder Law & Disability Rights Section Position: Support in Concept.
Probate & Estate Planning Section Position: Support in Concept.

SB 291 (A Bill to Provide Compensation for Individuals Wrongfully Imprisoned for Crimes) advanced to the third reading in the House on 12/1.
Prisons & Corrections Section Position: Support.

SB 1109 (Administrative Procedures Act of 1969, Minimum Standards for Indigent Defense) advanced to the third reading in the Senate on 11/30.

Legislation Introduced 11/29–12/1
Last week bills were introduced in the following areas of law:

In the Hall of Justice

Proposed Amendment
2014-25—Proposed Amendments of MCR 7.306 and MCR 7.316
Under the proposed amendment of MCR 7.306, judges in an intra-court dispute would be required to submit to mediation before filing a complaint for superintending control under this rule. The proposed amendment of MCR 7.316 would explicitly provide that the Supreme Court may order an appeal to mediation
Issued: 11/30/16
Comment Period Expiration: 3/1/17

At the Bar

State Bar Special Committee to Review Civil Discovery Court Rules


Links of Interest

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