February 13 - February 20, 2006
Volume 4 Issue 7

In the Capitol
Committee meetings of interest for the week of 2/20
2/21 Senate Judiciary
Agenda: HB 5374 Revise number of judgeships in various circuits and districts; HB 4642 Allow licensed spouse to carry or transport another licensed spouse's inspected pistol; HB 4643 Require issuance of concealed pistol license renewal within certain period of time; HB 4522 Exclude certain veterans from requirement of firearm training before issuance of concealed weapon permit; SB 1046 Clarify right to self-defense and defense of others.
Agenda items of interest:
Probate and Estate Planning Position: Oppose certain provisions in HB 5374
Judicial Conference Position: Oppose certain provisions in HB 5374
SBM Position: Actively oppose the provision in SB 1046 (see section 4) that would eliminate judicial discretion concerning the payment of fees and costs at the conclusion of trial

2/21 Senate Appropriations: Judiciary and Corrections
Agenda: The Fiscal Year 2006-07 Budget for the Department of Corrections.

2/22 House Judiciary
Agenda: SB 263 Exempt certain statements of domestic violence victims in hearsay rule (For Vote Only); SB 1024 Prohibit and provide penalties for damaging, destroying, or preventing access to telecommunication device to prevent report of domestic violence, report of crime, or report of illness or injury; HB 4259 Prohibit introduction of evidence of an expression of sympathy as an admission of liability in a civil action; SB 883 Increase number of judgeships in the seventeenth judicial circuit; SB 925 Allow additional judgeship sixteenth in judicial circuit; SB 946 Provide for additional judgeship in the sixth judicial circuit; SB 955 Provide for additional circuit judgeship in the fifty-fifth judicial circuit; SB 907 Revise number of judgeships in various circuits and districts.
Agenda item of interest:
SBM Position: Oppose in Principle SB 263
Criminal Law Section Position: Oppose SB 263
Criminal Jurisprudence and Practice Committee Position: Oppose SB 263

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 2/7 – 2/16
Of Interest to the Legal Community
HB 5667 Civil procedure; other; release of vehicle seized under the Michigan vehicle code if person arrested is released without charges, person arrested is acquitted, or charges are dismissed; provide for. Amends sec. 625n of 1949 PA 300 (MCL 257.625n). TIE BAR WITH: HB 5665'06

HB 5668 Civil procedure; other; release of vehicle seized under the Michigan penal code if person arrested is released without charges, person arrested is acquitted, or charges are dismissed; provide for. Amends secs. 159n & 535a of 1931 PA 328 (MCL 750.159n & 750.535a). TIE BAR WITH: HB 5665'06

HB 5670 State agencies (existing); generally; postmark date; allow as indication of timely submission for request. Creates new act.

HB 5671 Property tax; assessments; disclosure of estimated buyer's tax liability for transfer of ownership; require. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).

HB 5677 Probate; powers of attorney; uniform power of attorney act; enact. Creates new act & repeals secs. 5501 - 5505 of 1998 PA 386 (MCL 700.5501 et seq.).

HB 5680 Occupations; attorneys; requirement for law school as eligibility for state bar exam; eliminate. Amends sec. 943 of 1961 PA 236 (MCL 600.943) & repeals sec. 940 of 1961 PA 236 (MCL 600.940).

HB 5698 Family law; marriage and divorce; divorce; require a divorce effects program before entry of judgment of divorce.

HB 5701 Family law; child custody; child parenting plan; create. TIE BAR WITH: HB 5698'06

HB 5702 Family law; marriage and divorce; individuals who can accept payment and perform marriage and family counseling; expand. TIE BAR WITH: HB 5699'06, HB 5700'06, HB 5703'06

HB 5703 Family law; marriage and divorce; recording of certain information on marriage license and certificate; require. TIE BAR WITH: HB 5699'06, HB 5700'06, HB 5702'06

HB 5710 Civil procedure; statute of limitations; agreements to reduce statutory period for employment discrimination action; restrict.

SB 1045 Family law; child custody; child parenting plan; create. Amends title & secs. 1, 2, 4 & 11 of 1970 PA 91 (MCL 722.21 et seq.) & adds secs. 5a, 5b, 5c, 5d, 5e & 5f.

SB 1046 Crimes; other; right to self-defense and defense of others; clarify. Creates new act.

Of General Interest
HB 5636 Education; curricula; required high school curriculum; prescribe. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1278a.

HB 5699 Family law; marriage and divorce; prerequisites for issuance of a marriage license; require premarriage program or longer waiting period. TIE BAR WITH: HB 5700'06, HB 5702'06, HB 5703'06

HB 5704 Elections; other; time frame to certify ballot wording for local, school district, or county ballot question; amend.

HB 5705 Elections; absent voters; space on absent voter ballot return envelope for absent voter to print name; provide for.

HJR T Constitutional amendments; state; differences in amounts of per pupil funding for K-12 schools; require reduction in. Amends sec. 11, art. IX of the state constitution.

At the Bar
Judicial Vacancy - 20th Circuit Court
The Honorable Wesley J. Nykamp is vacating his seat on 20th Circuit Court. Members of the Bar interested in the judgeship should submit applications by March 20, 2006.

Total ATJ Fund Pledges and Gifts Top $6 Million

Sections and Committees
The Real Property Law Section submitted the following public policy reports:
Oppose: SB 947 (Birkholz) Counties; other; alienation by deed, proof and recording of conveyances, and the canceling of mortgages; eliminate. Repeals sec. 24 of 1846 RS 65 (MCL 565.24).

Oppose: HB 5625 Courts; district court; small claims division; allow real estate agents to represent landlords in small claims court in security deposit disputes under certain circumstances. Amends sec. 8408 of 1961 PA 236 (MCL 600.8408).

Oppose: HB 4984 (Kolb) Civil rights; housing discrimination; using "source of income" to discriminate against applicants in real estate transaction; prohibit. Amends title & sec. 502 of 1976 PA 453 (MCL 37.2502).

Report on Carrier Creek Drainage Dist. v Land One, L.L.C.

Federal News
Groups Request Rules to Allow Ads in Elections
(Washington Times, 2/20)

State News
Former Wayne County Executive McNamara Dies at 79
(Detroit News, 2/19)

Links of Interest
Public Policy Resource Center
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