Public Policy Update from the State Bar of Michigan
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May 29, 2017
Volume 15, Issue 22

Due to the Memorial Day holiday on Monday, the Public Policy Update is being sent out today.

In the Capitol

5/30 House Law & Justice, 9:00 a.m. MORE
HB 4332 Enhance penalties for crimes against animals, and make other revisions;
Animal Law Section Position on HB 4332: Support.
HB 4333 Enact and amend sentencing guidelines for crimes of animal cruelty;
Animal Law Section Position on HB 4333: Support.
HB 4463 Allow limited liability companies members and others with personal knowledge to represent in certain situations;
SBM Position on HB 4463: Oppose.
Real Property Law Section Position on HB 4463: Oppose.
Civil Procedure & Courts Committee Position on HB 4463: Oppose.
Justice Policy Initiative Position on HB 4463: Oppose.
HB 4636 Prohibit procedures of clitoridectomy, infibulation, or other female genital mutilation, and provide penalties;
HB 4637 Prohibit transporting person for purpose of performing genital mutilation;
HB 4638 Provide sentencing guidelines for crimes of performing female genital mutilation and of transporting a person for purpose of genital mutilation;
HB 4639 Provide for permanent revocation of occupational license or registration if convicted of female genital mutilation or transporting person for purpose of performing female genital mutilation under state law;
HB 4640 Require law enforcement training on female genital mutilation;
HB 4641 Extend statute of limitations for minor victims of female genital mutilation;
HB 4642 Provide for education and outreach program related to female genital mutilation;
HB 4661 Provide for cause of civil actions for victims of clitoridectomy, infibulation, or other female genital mutilation;
Presentation on Safe and Secure Rehabilitation.

5/30 House Judiciary, 12:00 p.m. MORE
HB 4416 Repeal certain provisions regarding weapons;
HB 4417 Update references to firearms in 1927 PA 372;
HB 4418 Update references to firearms in natural resources and environmental protection act;
HB 4419 Update sentencing guidelines for firearms;
SB 333 Revise types of cases heard by the business court;
SB 223 Require maintain record for separation of employment, and establish that agency is immune from civil liability;
SB 219 Modify application process for licensing; 
Presentation on Child Custody.

5/30 Senate Judiciary, 3:00 p.m. MORE
SB 381 Modify service of notices to surety bonds;
SB 364 Create law enforcement technology, active shooter, and officer safety act;
HB 4211 Allow under certain circumstances the testimony of expert witnesses regarding behavior pattern of human trafficking victims;
HB 4427 Prohibit in certain circumstances the release of recording taken by law enforcement officers with a body-worn camera.

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.

Legislation Introduced 5/23–5/25
Last week bills were introduced in the following areas of law:

In the Hall of Justice

Rule Amendments
2014-25 – Amendment of MCR 7.306
Under the amendment of MCR 7.306, judges in an intra-court dispute are required to submit to mediation before filing a complaint for superintending control in the Supreme Court under this rule.
Issued: 5/24/17
Effective: 9/1/17

2015-18 – Amendment of MCR 9.108
The amendment of MCR 9.108 clarifies that the Court has the authority to enjoin an attorney from practicing law, at the request of the Attorney Grievance Commission.
Issued: 5/24/17
Effective: 9/1/17

2015-24 – Amendments of MCR 2.116 and 2.119
The amendments, originally submitted in a slightly different form by the State Bar of Michigan Representative Assembly, amend the rules regarding motions for summary disposition to allow for the filing of reply briefs only in summary disposition proceedings.
Issued: 5/24/17
Effective: 9/1/17

2016-04 – Amendment of MCR 8.126
The amendment of MCR 8.126, submitted by the Michigan Tribal State Federal Judicial Forum, waives fees and other requirements for out of state attorneys who seek temporary admission in Michigan. The exemption from certain requirements applies only in cases in which the attorney desires to represent an Indian tribe intervening in a child custody proceeding.
Issued: 5/24/17
Effective: 9/1/17

2016-29 – Amendment of MCR 7.121
The amendments of MCR 7.121 update the court rules to incorporate statutory changes enacted in 2015 PA 3 and 207.
Issued: 5/24/17
Effective: 9/1/17

2016-33 – Amendment of MCR 3.216
The amendments of MCR 3.216 update the rule to be consistent with 2016 PA 93, which allows a court to order mediation if a protected party requests it and requires a mediator to screen for the presence of domestic violence throughout the process.
Issued: 5/24/17
Effective: 9/1/17

2016-39 – Amendments of MCR 3.903, 3.932, and 3.936
The amendments of MCR 3.903, 3.932, and 3.936 clarify the procedures used for consent calendar proceedings in juvenile delinquency cases, consistent with the recent enactment of 2016 PA 185.
Issued: 5/24/17
Effective: 9/1/17

Proposed Amendments
2015-11 – Proposed Amendment of MRE 404(b)
This proposed amendment would require the prosecution to provide reasonable notice of other acts evidence in writing at least 14 days before trial or orally in open court on the record.
Issued: 5/24/17
Comment Period Expiration: 9/1/17

2017-01 – Appointments to the Michigan Tribal State Federal Judicial Forum
Issued: 5/24/17
Effective: 7/1/17

2017-01 – Appointment to the Committee on Model Civil Jury Instructions
Issued: 5/24/17
Effective: Immediately

At the Bar

SBM Labor & Employment Law Section Hosts SpringBoard

2017 Election Notice—Voting Begins May 26

June 9 Board of Commissioners Public Policy Agenda
The agenda is posted online. Members of the State Bar are invited to submit comments to Board of Commissioners on any of the items on the agenda. All comments received before the June 9 meeting will be shared with the Board.

Links of Interest

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