Public Policy Update from the State Bar of Michigan
 
 
 

September 26, 2022
Volume 20, Issue 38

In the Capitol

9/28 House Judiciary, 9:00 a.m. MORE
Agenda:
HB 4166 (Rep. Ben Frederick) Civil procedure: bankruptcy; value of home equity exempted from bankruptcy; modify.
HB 5473 (Rep. Luke Meerman) Courts: juries; provision related to allowance of a grand jury; eliminate.
HB 5665 (Rep. Thomas Albert) Law enforcement: funds; allowable uses for fee revenue related to salvage vehicle inspection; modify.
SB 870 (Sen. Jim Runestad) Crimes: larceny; use of a computer or similar technology to program a key code for automobile theft; prohibit, and provide penalties.
SB 1003 (Sen. Curtis S. VanderWall) Law enforcement: training; definition of peace officer in ORV laws; include.
SB 1041 (Sen. Douglas Wozniak) Administrative procedure: exemptions; exemptions to the administrative procedures act; modify.
SB 1042 (Sen. Douglas Wozniak) Retirement: municipal employees; hearings for an individual, participating municipality, or participating court aggrieved by a decision of the system; provide for.

House Session Schedule
Senate Session Schedule

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 5751 (Regulate the Certification of a Person with a Disability's Need for an Emotional Support Animal) passed the House on 9/21. It now moves onto the Senate for consideration.
Elder Law & Disability Rights Section Position on HB 5751: Oppose.

HB 5956 (The Code of Criminal Procedure, Sunset on Certain Costs) passed the House 98 to 10 on 9/21. It now moves onto the Senate for consideration.
SBM Position on HB 5956: Support.

HB 5975 (Probate Code of 1939, Trauma-Informed Training for Lawyer-Guardian Ad Litem) passed the Senate unanimously on 9/21. It now goes to the Governor for her signature.
SBM Position on HB 5975: Support.

Legislation Introduced Recently
Last week bills were introduced in the following areas of law:


At the Court

Rule Amendments
ADM File No. 2002-37: Retention of the Amendment of MCR 1.109
On order of the Court, notice and opportunity for comment having been provided, the April 13, 2022 amendment of Rule 1.109 of the Michigan Court Rules is retained.
Issued: 9/21/22
Effective: Immediately

ADM File No. 2021-17: Rescission of Administrative Order No. 1998-1 and Amendment of MCR 2.227
The rescission of Administrative Order No. 1998-1 and amendment of MCR 2.227 moves the relevant portion of the administrative order into court rule format and makes the rule consistent with the holding in Krolczyk v Hyundai Motor America, 507 Mich 966 (2021).
Issued: 9/21/22
Effective: 1/1/23

ADM File No. 2020-33: Amendment of MCR 3.903
The amendment of MCR 3.903 clarifies the definition of a “party” in child protective proceedings.
Issued: 9/21/22
Effective: 1/1/23
   
ADM File No. 2021-18: Amendment of MCR 3.943
The amendment of MCR 3.943 updates the definition of “firearm” in juvenile proceedings to be consistent with MCL 8.3t, which contains the definition referenced in the court rule’s companion statute, MCL 712A.18g.
Issued: 9/21/22
Effective: 1/1/23

ADM File No. 2021-16: Amendment of MCR 7.305
The proposed amendment of MCR 7.305 would clarify that the 28-day timeframe for filing an application for leave to appeal applies to cases where the respondent’s parental rights have been terminated.
Issued: 9/21/22
Effective: 1/1/23

ADM File No. 2021-13: Amendment of MCR 8.119
The amendment of MCR 8.119 clarifies that a request for a fee waiver must be filed in accordance with MCR 2.002(B), which requires the request to be made on a form approved by the State Court Administrative Office.
Issued: 9/21/22
Effective: 1/1/23

ADM File No. 2021-40: Retention of the Amendment of Rule 5 of the Rules for the Board of Law Examiners
On order of the Court, notice and an opportunity for comment having been provided, the March 16, 2022 amendment of Rule 5 of the Rules for the Board of Law Examiners is retained.
Issued: 9/21/22
Effective: Immediately

Proposed Amendments
ADM File No. 2016-10: Proposed Amendments of MCR 2.002 and 7.109
The proposed amendments of MCR 2.002 and 7.109 would allow for waiver of appellate transcript fees for indigent individuals.
Issued: 9/21/22
Comment Period Expires: 1/1/23

ADM File No. 2021-32: Proposed Amendment of MCR 6.112
The proposed amendment of MCR 6.112 would require that the notice of intent to seek an enhanced sentence contain any mandatory minimum sentence required by law as a result of the enhancement.
Issued: 9/21/22
Comment Period Expires: 1/1/23

ADM File No. 2021-40: Proposed Amendment of Rule 5 of the Rules for the Board of Law Examiners
The proposed amendment of Rule 5 of the Rules for the Board of Law Examiners would define the terms “full-time” and “instructor” to clarify that clinical instructors may be admitted to the bar without examination.
Issued: 9/21/22
Comment Period Expires: 1/1/23

NEWS
Supreme Court Seeks Nominations for Daniel J. Wright Award Honoring Service to Michigan Families and Children

Supreme Court Seeks Nominations for Maura Corrigan Foster Family Award


At the Bar

Judicial Vacancy—36th District Court, City of Detroit
Applications must be submitted electronically and received by 5:00 p.m. on Monday, October 10, 2022.


Links of Interest

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