Bill Text: MI HB4745 | 2015-2016 | 98th Legislature | Engrossed

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Bill Title: Family law; friend of the court; reference to the uniform interstate family support act (UIFSA); update. Amends sec. 2 of 1982 PA 294 (MCL 552.502). TIE BAR WITH: HB 4742'15

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2015-12-08 - Referred To Committee Of The Whole [HB4745 Detail]

Download: Michigan-2015-HB4745-Engrossed.html

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HB-4745, As Passed House, October 22, 2015

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4745

 

June 18, 2015, Introduced by Reps. Heise, Kosowski and Kesto and referred to the Committee on Judiciary.

 

     A bill to amend 1982 PA 294, entitled

 

"Friend of the court act,"

 

by amending section 2 (MCL 552.502), as amended by 2009 PA 233.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Alternative dispute resolution" means a process

 

established under section 13 by which the parties are assisted in

 

voluntarily formulating an agreement to resolve a dispute

 

concerning child custody or parenting time that arises from a

 

domestic relations matter.

 

     (b) "Bureau" means the state friend of the court bureau

 

created in section 19.

 

     (c) "Centralizing enforcement" means the process authorized

 

under section 10 of the office of child support act, 1971 PA 174,

 

MCL 400.240.

 

     (d) "Chief judge" means the following:

 

     (i) The circuit judge in a judicial circuit having only 1

 

circuit judge.

 

     (ii) The chief judge of the circuit court in a judicial

 

circuit having 2 or more circuit judges.

 

     (e) "Citizen advisory committee" means a citizen friend of the

 

court advisory committee established as provided in section 4.

 

     (f) "Consumer reporting agency" means a person that, for

 

monetary fees or dues, or on a cooperative nonprofit basis,

 

regularly engages in whole or in part in the practice of assembling

 

or evaluating consumer credit information or other information on

 

consumers for the purpose of furnishing consumer reports to third

 

parties, and that uses any means or facility of interstate commerce

 

for the purpose of preparing or furnishing consumer reports. As

 

used in this subdivision, "consumer report" means that term as

 

defined in section 603 of the fair credit reporting act, 15 USC

 

1681a.

 

     (g) "County board" means the county board of commissioners in

 

the county served by the office. If a judicial circuit includes

 

more than 1 county, action required to be taken by the county board

 

means action by the county boards of commissioners for all counties

 

composing that circuit.

 

     (h) "Court" means the circuit court.

 

     (i) "Current employment" means employment within 1 year before

 

a friend of the court request for information.

 

     (j) "Custody or parenting time order violation" means an

individual's act or failure to act that interferes with a parent's

 

right to interact with his or her child in the time, place, and

 

manner established in the order that governs custody or parenting

 

time between the parent and the child and to which the individual

 

accused of interfering is subject.

 

     (k) "De novo hearing" means a new judicial consideration of a

 

matter previously heard by a referee.

 

     (l) "Department" means the department of health and human

 

services.

 

     (m) "Domestic relations matter" means a circuit court

 

proceeding as to child custody, parenting time, child support, or

 

spousal support, that arises out of litigation under a statute of

 

this state, including, but not limited to, the following:

 

     (i) 1846 RS 84, MCL 552.1 to 552.45.

 

     (ii) The family support act, 1966 PA 138, MCL 552.451 to

 

552.459.

 

     (iii) The child custody act of 1970, 1970 PA 91, MCL 722.21 to

 

722.31.

 

     (iv) 1968 PA 293, MCL 722.1 to 722.6.

 

     (v) The paternity act, 1956 PA 205, MCL 722.711 to 722.730.

 

     (vi) The revised uniform reciprocal enforcement of support

 

act, 1952 PA 8, MCL 780.151 to 780.183.

 

     (vii) The uniform interstate family support act , 1996 PA 310,

 

MCL 552.1101 to 552.1901.(2015).

 

     (n) "Friend of the court" means the person serving under

 

section 21(1) or appointed under section 23 as the head of the

 

office of the friend of the court.

     (o) "Friend of the court case" means a domestic relations

 

matter that an office establishes as a friend of the court case as

 

required under section 5a. The term "friend of the court case",

 

when used in a provision of this act, is not effective until on and

 

after December 1, 2002.

 

     (p) "Income" means that term as defined in section 2 of the

 

support and parenting time enforcement act, MCL 552.602.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2016.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4742 (request no.

 

02792'15) of the 98th Legislature is enacted into law.