Public Policy Update from the State Bar of Michigan
 
 
 

December 14, 2020
Volume 18, Issue 50

At the Capitol

12/15 House Judiciary, 8:30 a.m. MORE
Agenda:
SB 195 (Sen. Stephanie Chang) Corrections: other; family advisory board; establish.
SB 592 (Sen. Ed McBroom) Retirement: state employees; retired department of corrections officers working at an entity that contracts with this state; allow under certain circumstances without forfeiting retirement benefits.
SB 681 (Sen. Jeff Irwin) Criminal procedure: expunction; eligibility for record expungement of crimes committed when individual was a minor; expand.
SB 682 (Sen. Peter J. Lucido) Juveniles: juvenile justice services; juvenile records; require to be confidential.
SB 761 (Sen. Curtis S. VanderWall) Criminal procedure: forfeiture; public and regional airport authorities; exempt from certain requirements in certain controlled substance related cases.
SB 700 (Sen. Sylvia Santana) Juveniles: juvenile justice services; juvenile justice and delinquency prevention act; require to limit the use of secure juvenile detention facilities for status offenders.
SB 893 (Sen. Sylvia Santana) Juveniles: juvenile justice services; citation to probate code of 1939; revise.
SB 894 (Sen. Sylvia Santana) Juveniles: juvenile justice services; citation to probate code of 1939; revise.
SB 1244 (Sen. Tom Barrett) Local government: liability; options for a governmental agency to provide legal representation to an employee or public official; modify.
SB 1254 (Sen. Ed McBroom) Criminal procedure: expunction; eligibility for record expungement of operating while intoxicated convictions; allow.
SB 464 (Sen. Peter J. Lucido) Financial institutions: generally; financial exploitation prevention act; create.
Elder Law & Disability Rights Section Position on SB 464: Support in Concept but with Amendments.
Probate & Estate Planning Section Position on SB 464: Support.
SB 465 (Sen. Peter J. Lucido) Human services: county services; restriction on adult protective services from informing financial institutions of investigatory status following financial institution's elder abuse report; eliminate.
Probate & Estate Planning Section Position on SB 465: Support.
SB 844 (Sen. Michael D. MacDonald) Health: other; immunity from certain liability for the administration of opioid antagonists by certain governmental agencies and individuals; modify.
SB 862 (Sen. Peter J. Lucido) Human services: other; financial exploitation prevention act exemption of certain information's availability to the public; provide for.
Probate & Estate Planning Section Position on SB 862: Support.

12/15 House Government Operations, 9:30 a.m. MORE
Agenda Items of Interest:
SB 1186 (Sen. Peter MacGregor) Records: other; use of electronic records and signatures; modify.
Elder Law & Disability Rights Section Position on SB 1186: Support in Concept.
SB 1187
(Sen. Peter MacGregor) Occupations: notaries public; a notary to utilize 2-way real-time audiovisual technology for notarial acts in certain circumstances; allow.
Elder Law & Disability Rights Section Position on SB 1187: Support in Concept.
Family Law Section Position on SB 1187: Support with Recommended Amendments.
SB 1188 (Sen. Peter MacGregor) Property: recording; procedures under the uniform real property electronic recording act; revise to deal with the COVID-19 emergency.
Elder Law & Disability Rights Section Position on SB 1188: Support in Concept.
Family Law Section Position on SB 1188: Support with Recommended Amendments.
SB 1189 (Sen. Peter MacGregor) Probate: other; electronically signing and witnessing certain documents; allow under certain conditions, and allow required visitations to take place electronically.
Elder Law & Disability Rights Section Position on SB 1189: Support in Concept.
Family Law Section Position on SB 1189: Support with Recommended Amendments.

12/16 House Judiciary, 9:00 a.m. MORE
Agenda:
SB 895 (Sen. Jim Runestad) Civil procedure: other; new trial; revise procedure for granting.
SBM Position on SB 895: Oppose.
Appellate Practice Section Position on SB 895: Oppose.
SB 1046 (Sen. Roger Victory) Criminal procedure: arrests; authority to issue appearance tickets in lieu of arrest in criminal cases; expand.
SB 1047 (Sen. Jeff Irwin) Criminal procedure: warrants; procedures related to the issuance of bench warrants for failure to appear and for other processes related to arrest warrants; amend.
SB 1048 (Sen. Sylvia Santana) Criminal procedure: sentencing; rebuttable presumption for nonjail and nonprobationary sentences in certain misdemeanor cases; create.
SB 1049 (Sen. Stephanie Chang) Criminal procedure: youthful trainees; age limit for eligibility for youthful trainee status; amend.
SB 1050 (Sen. Michael D. MacDonald) Criminal procedure: probation; maximum length of probationary sentences; amend.
SB 1051 (Sen. Ed McBroom) Corrections: parole; conditions of parole to be tailored to offender; require.

Legislation Introduced 12/08–12/10
Last week bills were introduced in the following areas of law:

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 4035 (Regulating Dogs Based Upon Breed or Perceived Breed) was reported out of the Senate Committee on Local Government without amendment on 12/2.
Animal Law Section on HB 4035: Support.

HB 4378 (Freedom of Information Act, Identity of Parties Proceeding Anonymously in Civil Actions) was reported out of the Senate Committee on Judiciary & Public Safety without amendment on 12/9.
SBM Position on HB 4378: Support with an amendment that the exemptions set forth in the bill also apply to survivors of human trafficking.

HB 4488 (Individual Licensing & Registration, Use of Criminal Record to Determine Eligibility) passed the Senate unanimously on 12/10. It now goes to the Governor for her signature.
SBM Position on HB 4488: Support amending so that the bill does not apply to attorney licensing.

HB 4489 (Revised Judicature Act of 1961, Qualifications for Admission to State Bar) passed the Senate unanimously on 12/10. It now goes to the Governor for her signature.
SBM Position on HB 4489: Support.

HB 4910 (Regulating the Prescription of Emotional Support Animals) was reported out of the Senate Committee on Regulatory Reform as substitute S-1 on 12/3.
Animal Law Section Position on HB 4910: Oppose.

HB 4911 (Revised Judicature Act of 1961, Emotional Support Animals) was reported out of the Senate Committee on Regulatory Reform without amendment on 12/3.
Animal Law Section Position on HB 4911: Oppose.

HB 5795 (Estate & Protected Individuals Code, Electronic Signature of Wills) was reported out of the Senate Committee on Judiciary & Public Safety as substitute S-1 on 12/9.
SBM Position on HB 5795: Oppose as Drafted.
Elder Law & Disability Rights Section Position on HB 5795: Oppose.
Probate & Estate Planning Section Position on HB 5795: Oppose.
Probate & Estate Planning Section Position on HB 5795 Substitute H-1: Oppose.

HB 5850 (Support and Parenting Time Enforcement Act) passed the Senate on 12/10. It now goes to the Governor for her signature.  
Family Law Section Position on HB 5850: Oppose.

SB 70 (A Bill to Create the Address Confidentiality Program) passed the House 102 to 1 on 12/1. It now moves to the Senate for consideration.
Family Law Section Position on SB 70: Support with Recommended Amendments.

SB 71 (Michigan Election Law, Regarding Individuals in Address Confidentiality Program) passed the House 103 to 0 on 12/1. It now moves to the Senate for consideration.
Family Law Section Position on SB 71: Support with Recommended Amendments.

SB 72 (The Revised School Code, Prohibition from Disclosing Records) passed the House 103 to 0 on 12/1. It now moves to the Senate for consideration.
Family Law Section Position on SB 72: Support with Recommended Amendments.

SB 73 (Michigan Vehicle Code, Address Confidentiality Program) passed the House 103 to 0 on 12/1. It was re-returned from the Senate with substitute S-2.
Family Law Section Position on SB 73: Support with Recommended Amendments.

SB 74 (Enhanced Driver License, Address Confidentiality Program) passed the Senate unanimously on 12/9.
Family Law Section Position on SB 74: Support with Recommended Amendments.

SB 75 (Official Personal Identification Card, Address Confidentiality Program) passed the Senate unanimously on 12/9.
Family Law Section Position on SB 75: Support with Recommended Amendments.

SB 76 (Revised Judicature Act of 1961, Exemption From Jury Duty) passed the House 102 to 1 on 12/1.
SBM Position on SB 76: Oppose because it creates an additional exemption to jury service; courts already have the ability to excuse these individuals from jury service.
Criminal Law Section Position on SB 76:
Oppose.

SB 231 (Revised Judicature Act of 1961, Service of Process) was reported out of the Senate Committee on Judiciary & Public Safety without amendment on 12/3.
SBM Position on SB 231: Support.

SB 464 (A Bill to Require Financial Institutions to Report Financial Exploitation) passed the Senate unanimously on 12/9. It now moves onto the House for consideration.
Elder Law & Disability Rights Section Position on SB 464: Support in Concept but with Amendments.
Probate & Estate Planning Section Position on SB 464: Support.

SB 465 (The Social Welfare Act) passed the Senate unanimously on 12/9. It now moves onto the House for consideration.
Probate & Estate Planning Section Position on SB 465: Support.

SB 661 (Horse Racing Law of 1995, Pari-Mutuel Wagering) was reported out of the House Committee on Ways & Means as substitute H-3 on 12/2.
Animal Law Section Position on SB 661: Oppose.

SB 721 (Personal Property Trust Perpetuities Act) was reported out of the Senate Committee on Judiciary & Public Safety as substitute S-1 on 12/3.
Probate & Estate Planning Section Position on SB 721: Support the Substitute of SB 721.

SB 791 (The Code of Criminal Procedure, Requirements for a Speedy Trial) was reported out of the Senate Committee on Judiciary & Public Safety as substitute S-1 on 12/3.
Criminal Law Section Position on SB 721: Oppose.

SB 862 (The Social Welfare Act) passed the Senate unanimously on 12/9. It now moves onto the House for consideration.
Probate & Estate Planning Section Position on SB 862: Support.

SB 895 (Revised Judicature Act of 1961, Procedure for Granting New Trial) passed the Senate 30 to 7 on 12/3. It now moves onto the House for consideration.
SBM Position on SB 895: Oppose.
Appellate Practice Section Position on SB 895: Oppose.

SB 1090 (Support and Parenting Time Enforcement Act) was reported out of the House Committee on Judiciary on 12/2.
Family Law Section Position on SB 1090: Support.

SB 1091 (Friend of the Court Act) was reported out of the House Committee on Judiciary on 12/2.
Family Law Section Position on SB 1091: Support.

SB 1107 (A Bill to Create the Foster Care Task Force) passed the Senate 22 to 15 on 12/3.
Family Law Section Position on SB 1107: Support with Recommended Amendments.

SB 1137 (The General Property Tax Act) passed the Senate unanimously on 12/3.
Real Property Law Section Position on SB 1137: Oppose with Recommended Amendments.

SB 1185 (To Provide Immunity for Health Care Providers & Health Care Facilities) was reported out of the House Committee on Judiciary as substitute H-3 on 12/1.
Negligence Law Section Position on SB 1185: Oppose.

SB 1187 (Michigan Law on Notarial Acts) passed the Senate unanimously on 12/3. It now moves onto the House for consideration.
Elder Law & Disability Rights Section Position on SB 1187: Support in Concept.
Family Law Section Position on SB 1187: Support with Recommended Amendments.

SB 1188 (Uniform Real Property Electronic Recording Act) passed the Senate unanimously on 12/4. It now moves onto the House for consideration.
Elder Law & Disability Rights Section Position on SB 1188: Support in Concept.
Family Law Section Position on SB 1188: Support with Recommended Amendments.

SB 1189 (Estates & Protected Individuals Code, Electronically Signing & Witnessing Certain Documents) passed the Senate unanimously on 12/4. It now moves onto the House for consideration.
Elder Law & Disability Rights Section Position on SB 1189: Support in Concept.
Family Law Section Position on SB 1189: Support with Recommended Amendments.

At the Court

Chief Justice McCormack, Justice Zahra to Release Plan to Help More Michiganians Resolve Civil Legal Problems

February ’21 Bar Exam to be Remote Online Test

At the Bar

Judicial Vacancies—Clinton, Gratiot, & Emmet Counties


Links of Interest

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