Thirty-Seventh Annual Report to the Legislature
for Calendar Year 2002
To the Members of the
The Michigan Law Revision Commission hereby presents its thirty-seventh 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.
The legislative members of the Commission during 2002 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 2002 Commission members and staff are located at the end of this report.
The Commission's Work in 2002
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
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
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 2002, the Commission held meetings on the topic of medical information privacy. A study report is included in this annual report. In 2002, the Commission also examined a group of uniform laws promulgated by the National Conference of Commissioners on Uniform State Laws and several recent court opinions suggesting legislative action. The Commission’s recommendations regarding those laws and opinions are set forth in the body of this report.
Proposals for Legislative Consideration in 2003
The Commission continues to recommend favorable consideration of the following recommendations of past years upon which no final action was taken by the Legislature in 2002:
(1) Revisions to
(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.
(9) Amendments to
(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.
(19) Amend the Persons with Disabilities Act to include within its scope of protection discrimination based on the possibility of a future disability, 2001 Annual Report, page 104.
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 Arbitration Act.
(7) Legislation Concerning Teleconference Participation in Public Meetings.
(9) Revisions to
Intergovernmental Agreements under the
(11) Electronic Transactions.
(12) Termination of Parental Rights of Biological Fathers.
(13) Government Ethics Legislation.
(14) Publishing updates of Executive Branch Reorganizations.
(15) Uniform Nonjudicial Foreclosure Act.
(16) Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.
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,
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.
Richard D. McLellan, Chairman
Senator Bill Bullard, Jr.
Senator Gary Peters
Representative James Koetje
Representative Stephen Adamini
John G. Strand