Thirty-Sixth Annual Report
to the Legislature
for Calendar Year 2001
To the Members of the
The Michigan Law Revision Commission hereby presents its
thirty-sixth annual report pursuant to section 403 of Act No. 268 of the Public
Acts of 1986, MCL § 4.1403.
The Commission, created by section 401 of Act No. 268 of
the Public Acts of 1986, MCL § 4.1401, consists of two members of the Senate,
with one from the majority and one from the minority party, appointed by the
Majority Leader of the Senate; two members of the House of Representatives,
with one from the majority and one from the minority party, appointed by the
Speaker of the House; the Director of the Legislative Service Bureau or his or
her designee, who serves as an ex-officio member; and four members appointed by
the Legislative Council. The terms of the members appointed by the Legislative
Council are staggered. The Legislative Council designates the Chairman of the
Commission. The Vice Chairman is elected by the Commission.
Membership
The legislative members of the
Commission during 2001 were Senator Bill Bullard, Jr. of Highland; Senator Gary
Peters of Bloomfield Township; Representative James Koetje of Grandville; and
Representative Stephen Adamini of Marquette. As Legislative Council
Administrator, John G. Strand was the ex-officio member of the Commission. The
appointed members of the Commission were Richard McLellan, Anthony Derezinski,
William Whitbeck, and George Ward. Mr. McLellan served as Chairman. Mr.
Derezinski served as Vice Chairman. Professor Kevin Kennedy of Michigan State
University-Detroit College of Law served as Executive Secretary. Gary Gulliver
served as the liaison between the Legislative Service Bureau and the Commission.
Brief biographies of the 2001 Commission members and staff are located at the
end of this report.
The Commission's Work in
2001
The Commission is charged by statute with the following
duties:
1. To
examine the common law and statutes of the state and current judicial decisions
for the purpose of discovering defects and anachronisms in the law and to
recommend needed reform.
2. To
receive and consider proposed changes in law recommended by the American Law
Institute, the National Conference of Commissioners on Uniform State Laws, any
bar association, and other learned bodies.
3. To
receive and consider suggestions from justices, judges, legislators and other
public officials, lawyers, and the public generally as to defects and anachronisms
in the law.
4. To
recommend such changes in the law as it deems necessary in order to modify or
eliminate antiquated and inequitable rules of law, and to bring the civil and
criminal law of this state into harmony with modern conditions.
5. To encourage
the faculty and students of the law schools of this state to participate in the
work of the Commission.
6. To
cooperate with the law revision commissions of other states and Canadian
provinces.
7. To issue
an annual report.
The problems to which the Commission directs its studies
are largely identified through an examination by the Commission members and the
Executive Secretary of the statutes and case law of Michigan, the reports of
learned bodies and commissions from other jurisdictions, and legal literature.
Other subjects are brought to the attention of the Commission by various
organizations and individuals, including members of the Legislature.
The Commission's efforts during the past year have been
devoted primarily to three areas. First, Commission members provided
information to legislative committees related to various proposals previously
recommended by the Commission. Second, the Commission examined suggested
legislation proposed by various groups involved in law revision activity. These
proposals included legislation advanced by the Council of State Governments,
the National Conference of Commissioners on Uniform State Laws, and the law
revision commissions of various jurisdictions within and without the United
States. Finally, the Commission considered various problems relating to special
aspects of current Michigan law suggested by its own review of Michigan
decisions and the recommendations of others.
As in previous years, the Commission studied various
proposals that did not lead to legislative recommendations. In the case of
certain uniform or model acts, the Commission sometimes found that the subjects
treated had been considered by the Michigan Legislature in recent legislation
and, therefore, did not recommend further action. In other instances, uniform
or model acts were not pursued because similar legislation was currently
pending before the Legislature upon the initiation of legislators having a
special interest in the particular subject.
In 2001, the Commission held meetings on the
Administrative Procedures Act of 1969.
The Commission’s work and recommendation to the Legislature will be
issued in 2002. The Commission also
studied the three topics listed below in 2001.
The Commission recommends immediate legislative action on the third
topic.
The three topics are:
(1) Health Care
Information, Access and Privacy.
(2) Emergency
Preparedness and Response Legislation in Michigan.
(3)
Recent Court Opinions Suggesting Legislative Action.
Proposals for Legislative
Consideration in 2002
In addition to its new recommendations, the Commission
recommends favorable consideration of the following recommendations of past
years upon which no final action was taken in 2001:
(1) Revisions to
the Michigan “Lemon Law”, 1995 Annual Report, page 7.
(2) Consolidated
Receivership Statute, 1988 Annual Report, page 72.
(3) Condemnation
Provisions Inconsistent with the Uniform Condemnation Procedures Act, 1989
Annual Report, page 15.
(4) Amendment of
Uniform Statutory Rule against Perpetuities, 1990 Annual Report, page 141.
(5) Amendment of
the Uniform Contribution among Tortfeasors Act, 1991 Annual Report, page 19.
(6) International
Commercial Arbitration, 1991 Annual Report, page 31.
(7) Tortfeasor
Contribution under Michigan Compiled Laws §600.2925a(5), 1992 Annual Report,
page 21.
(8) Amendments
to Michigan's Estate Tax Apportionment Act, 1992 Annual Report, page 29.
(9) Amendments to
Michigan's Anatomical Gift Act, 1993 Annual Report,
page 53.
(10) Ownership of a Motorcycle for Purposes of Receiving No-Fault Insurance Benefits, 1993 Annual Report, page 131.
(11) The Uniform Putative and Unknown Fathers Act and Revisions to Michigan Laws Concerning Parental Rights of Unwed Fathers, 1994 Annual Report, page 117.
(12)
Amendments to the Freedom of Information Act to Cover E-Mail, 1997
Annual Report, page 133.
(13)
The Uniform Conflict of Laws-Limitations Act, 1997 Annual Report, page
151.
(14)
Amendments to MCL § 791.255(2) to Create a Prison Mailbox Rule, 1997
Annual Report, page 137.
(15)
Uniform Unincorporated Nonprofit Association Act, 1997 Annual Report,
page 144.
(16)
Clarify whether MCL § 600.1621 invalidates pre-dispute, contractual
venue selection clauses, 1998 Annual Report, page 203.
(17)
Amend the Government Tort Liability Act to cover court-appointed
psychologists, 2000 Annual Report, page 84.
(18)
Examine the guilty-but-mentally ill statute and the insanity statute,
2000 Annual Report, page 85.
Current Study Agenda
Topics on the current study agenda of the Commission
are:
(1) Declaratory
Judgment in Libel Law/Uniform Correction or Clarification of Defamation Act.
(2) Medical
Practice Privileges in Hospitals (Procedures for Granting and Withdrawal).
(3) Health Care Consent for Minors.
(4) Health Care Information, Access, and Privacy.
(5) Uniform Statutory Power of Attorney.
(6) Uniform Custodial Trust Act.
(7) Legislation
Concerning Teleconference Participation in Public Meetings.
(8) Michigan
Legislation Concerning Native American Tribes.
(9) Revisions to
Michigan's Administrative Procedures Act and to Procedures for Judicial Review
of Agency Action.
(10)
Intergovernmental Agreements under the Michigan Constitution, Art III,
§ 5.
(11)
Electronic Transactions.
(12)
Termination of Parental Rights of Biological Fathers.
(13)
Government Ethics Legislation
(14)
Publishing updates of Executive Branch Reorganizations.
The Commission continues to operate with its sole staff
member, the part-time Executive Secretary, whose offices are at Michigan State
University-Detroit College of Law, East Lansing, Michigan 48824. The Executive
Secretary of the Commission is Professor Kevin Kennedy, who was responsible for
the publication of this report. By using faculty members at the several
Michigan law schools as consultants and law students as researchers, the
Commission has been able to operate at a budget substantially lower than that
of similar commissions in other jurisdictions. At the end of this report, the
Commission provides a list of more than 120 Michigan statutes passed since 1967
upon the recommendation of the Commission.
The Legislative Service Bureau, through Mr. Gary
Gulliver, its Director of Legal Research, has generously assisted the
Commission in the development of its legislative program. The Director of the
Legislative Service Bureau continues to handle the fiscal operations of the
Commission under procedures established by the Legislative Council.
The Commission continues to welcome suggestions for
improvement of its program and proposals.
Respectfully
submitted,
Richard D. McLellan,
Chairman
George Ward
Senator Bill Bullard,
Jr.
Senator Gary Peters
Representative James Koetje
Representative Stephen
Adamini
John
G. Strand