Public Policy Update from the State Bar of Michigan

October 25, 2021
Volume 19, Issue 43

At the Capitol

House Session Schedule
Senate Session Schedule

10/26 House Judiciary, 9:00 a.m. MORE
HB 4033 (Rep. Scott VanSingel) Corrections: private facilities; prohibiting certain conduct relating to a prisoner in a correctional facility; expand to correctional facilities operated by a private contractor.
HB 4034 (Rep. Scott VanSingel) Crimes: trespassing; trespassing on property of a state correctional facility; expand.
HB 4427 (Rep. Ryan Berman) Crimes: penalties; penalties for minor in possession of tobacco; modify.
HB 4703 (Rep. Douglas Wozniak) Crimes: animals; restitution for care and treatment of certain forfeited animals; impose penalty on ownership of animal to person convicted of certain crimes against animal.
Animal Law Section Position on HB 4703: Support.
HB 4704 (Rep. Douglas Wozniak) Animals: care and treatment; restitution for care and treatment of certain forfeited animals; impose penalties upon owner.
Animal Law Section Position on HB 4704: Support.
HB 4799 (Rep. Graham Filler) Property: other; assignment of rents; enact the uniform assignment of rents act to provide for security interests in rents.
HB 4800 (Rep. Kyra Bolden) Civil procedure: other; action regarding assignment of rents; clarify that action does not constitute an action under the one-action rule.
HB 4880 (Rep. Roger Hauck) Children: protection; mandatory reporting requirements for child abuse or child neglect; expand to include physical therapist and physical therapist assistant.
SB 14 (Sen. Dale W. Zorn) Criminal procedure: jurisdiction; venue for prosecution of delivery of a controlled substance causing death; modify.
SBM Position on SB 14: Support.
SB 15 (Sen. Dale W. Zorn) Criminal procedure: jurisdiction; jurisdiction for prosecution for delivery of controlled substance causing death; modify.
SBM Position on SB 15: Support.
SB 683 (Sen. Michael D. MacDonald) Juveniles: other; jurisdiction over juveniles; modify.

Complete Committee Meeting List

Legislation Introduced Recently
Recently 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 5368 (Revised Judicature Act of 1961, Date of Birth) passed out of House Judiciary as Substitute H-1 on 10/19. It now moves for consideration by the full House.
Family Law Section Public Policy Position on HB 5368: Oppose.

At the Court

Administrative Order
ADM File No. 2019-33: Adoption of Administrative Order No. 2021-7
This administrative order establishes a mandatory continuing judicial education program for the state’s justices, judges, and quasi-judicial officers. The 2024 effective date is intended to provide sufficient time for an electronic reporting system to be put in place, as well as allow the Board, which members will be appointed soon, to begin creating policies, forms, and other necessary requisites to implementation of this program.
Issued: 10/20/21
Effective: 1/1/24

Proposed Amendment
ADM File No. 2021-31: Proposed Amendment of MCR 8.110
In light of the federal Act making Juneteenth a federal holiday (PL117-17), this proposed amendment would similarly require that courts observe Juneteenth as a holiday. This proposed amendment is being considered in conjunction with other proposed amendments that would eliminate an existing holiday so as to retain the same number of holidays that are currently provided under the rule. The options the Court would like commenters to consider eliminating, if the commenters believe the number of holidays should remain the same, include the day after Thanksgiving, Christmas Eve, or New Year’s Eve, similar to Federal legal holiday designations. For purposes of comment, commenters are invited to indicate their support or opposition to any of the proposed amendments individually or combined.
Issued: 10/20/21
Comment Period Expires: 2/1/21

Michigan Problem-Solving Courts Granted Nearly $17 Million
The Michigan Supreme Court announced today that the State Court Administrative Office (SCAO) has awarded more than $16.7 million in grants for Fiscal Year 2022 to problem-solving court (PSC) programs statewide, including drug and sobriety, mental health, and veterans treatment courts.

At the Bar


Garnishment Day
To promote health and safety through social distancing, the Michigan Department of Treasury will be practicing vehicle waiting for those filing writs of garnishment on Nov. 1.

Judicial Vacancies—Grand Traverse & Roscommon Counties
Applications must be submitted electronically and received by 5:00 p.m. on Thursday, November 11, 2021.

State Bar of Michigan Celebrates Pro Bono Awareness Month in October
The State Bar of Michigan is joining the American Bar Association and many other states in recognizing October as Pro Bono Awareness Month.

Links of Interest

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