LEGISLATIVE UPDATE

BY DANIEL FERENCY (WAYNE)

The Michigan Legislature is now in the second year of the two-year session 2023-2024. All bills introduced in the first year carry over into this year. Any bills that do not pass in the second year must be reintroduced in the first year of the next legislative session.

Enacted/Passed Bills

Domestic Relations

• HOUSE BILL 5207 through 5215 ASSISTED REPRODUCTION AND SURROGACY PARENTAGE ACT & RELATED AMENDMENTS (ALSO KNOWN AS THE MICHIGAN FAMILY PROTECTION ACT)​
  • The package of bills legalizes gestational surrogacy agreements where the surrogate has no genetic connection to the child. Surrogacy agreements meeting specific criteria are now enforceable by law. Children born via surrogacy agreements will be treated the same as other children for the purposes of Michigan law, including for birth records, intestate succession, and establishment of paternity. The package of bills allows for reasonable compensation to surrogates among other benefits. It also ensures that the intended parents are recognized as the legal parents of the child from birth. The Act includes LGBTQ+ families and ensures they are treated equally under the law.
  • Status: This package of bills was signed by the Governor on April 1, 2024.  The Michigan Family Protection Act is effective 91 days after adjournment of the 2024 regular session sine die.
• SENATE BILL 0209 PROHIBITION OF MARRIAGE UNDER 18 YEARS OF AGE
  • This bill amends MCL 551.51 to void any marriage contracted by an individual until 18 years of age. The previous age limit under MCL 551.51 was 16 years old.
  • Status: This bill was signed by the Governor on July 11, 2023 with immediate effect.
• SENATE BILL 0213 REVOCATION OF RIGHT OF EMANICPATED MINOR TO MARRY 
  • This bill amends MCL 722.4 & MCL 722.4e by eliminating the right of an emancipated minor to enter into marriage.
  • Status: This bill was signed by the Governor on July 11, 2023 with immediate effect.
• House Bill 4516 AMEND DOMESTIC VIOLENCE PREVENTION AND TREATMENT ACT
  • The bill would amend the domestic violence prevention and treatment Act to allow Federally recognized Indian tribes that have trust land located in the State to receive assistance and funds for the establishment or maintenance of a shelter program for victims of domestic violence and their dependent children.
  • Status: This bill was signed by the Governor on November 7, 2023 immediate effect.

Juvenile/Abuse & Neglect

• SENATE BILL 0421 JUVENILE JUSTICE REQUIREMENT OF RISK ASSESSMENT BEFORE DISPOSITION
  • ​This bill amends MCL 712A.18 to require designate court officers to conduct a risk and needs assessment for each juvenile before disposition and to require the Court to consider the assessment when making a dispositional decision.
  • Status: This bill was signed by the Governor on December 12, 2023 with immediate effect.

In Committee/Other

Domestic Relations

• HOUSE BILL(S) 4763, 4775, 4782, 4788, 4789, 4790, 4791, 4801, 4808 GENDER NEUTRAL LANGUAGE
  • ​This package of bills would amend various family law statutes to make certain references gender neutral.
  • Status: These bills were referred to various Committees on June 20, 2023, no action since.
• HOUSE BILL 5319 AMENDMENTS TO MCL 551.7. Persons authorized to solemnize marriage
  • This bill would broaden the language of those authorized to solemnize marriage under MCL 551.7, including religious leaders, faith-based leaders, or a celebrant or officiant of a secular organization.
  • Status: This bill was referred to Committee on Government Operations on January 17, 2024, no action since.
• SENATE BILL 0809 UNIFORM PREMARTIAL AND MARITAL AGREEMENTS ACT
  • This bill would create a new Act governing pre- and post-nuptial agreements except those made in anticipation of or during a pending action for dissolution of the marriage. Such agreements must be in a recorded form and signed by both parties, and are enforceable without consideration except in cases of duress, unconscionability, or a party was without access to adequate legal representation or without appropriate waiver.
  • Status: This bill was referred to the Committee on Civil Rights, Judiciary, and Public Safety on April 9, 2024, no action since.
• SENATE BILL 0928 REMOVAL OF REIMBURSEMENT BIRTH EXPENSES PAID BY MEDICAID IN PATERNITY PROCEEDINGS
  • This bill would amend the Paternity Act, MCL 722.712, to remove the requirement to apportion confinement expenses to the father paid by Medicaid in a proceeding to establish child support under the Paternity Act.
  • Status: This bill was referred to the Committee on Appropriations on June 20, 2024, no action since.

Juvenile/Abuse & Neglect

• SENATE BILL 0422 USE OF SCREENING TOOL FOR MINORS PLACED ON CONSENT CALENDAR
  • ​This bill would, in cases where the Court proceeds in an informal manner called a consent calendar rather than acquiring formal jurisdiction over a juvenile, require the Court to consider the results of a research-based risk screening tool and a mental health screening tool conducted by a trained court officer. The bill also requires the Michigan Supreme Court to create guidelines for the use of such tools.
  • Status: This bill was referred and reassigned to the Committee on Civil Rights, Judiciary, and Public Safety on January 11, 2024, no action since.
• SENATE BILL 0999 ACKNOWLEDGMENT OF CPS WRITTEN REPORT TO MEDIA
  • This bill would permit DHHS to confirm or deny the existent of the filing of a written report regarding child abuse or neglect at the request of the media regarding a specific case so long as the media has appropriate controls to maintain the confidentiality of identifying information.
  • Status: This bill was referred and reassigned to the Committee on Civil Rights, Judiciary, and Public Safety on September 17, 2024, no action since.

All of the above legislation can be accessed at: https://www.legislature.mi.gov/
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