June 5 - 11, 2006
Volume 4 Issue 23

In the Capitol
The Michigan House of Representatives has added session dates to its calendar for the months of July and August. New dates include every Wednesday at 10:00 am from July 12 to August 30.

Committee Meetings of Interest for the week of 6/12
6/14 House Judiciary
Agenda: HB 6009 Increase penalties for third or subsequent drunk driving or drug driving conviction regardless of the number of years elapsed since prior conviction; HB 4861 Allow use of pepper spray or foam devices by certain law enforcement personnel; HB 4160 Revise limitation on recovery amount allowed in small claims suits; SB 1046 Clarify right to self-defense and defense of others; SB 1185 Provide for immunity from civil action for person who uses force in compliance with self-defense act; HB 6135 Provide in sentencing guidelines crime of sex offender failing to provide notice of proposed residence upon release from incarceration; HB 5800 Revise use of the Michigan youth correctional facility; SB 1282 Enact sentencing guidelines for sale, distribution, or delivery of product containing ephedrine or pseudoephedrine by mail, internet, or telephone; SB 420 Limit provisions regarding grandparent visitation after stepparent adoption to parent of a deceased parent; HB 5967 Require revocation of parole of certain individuals convicted of certain crimes while on parole and establish procedures; HB 5970 Designate and define as rules and clarify certain exemptions certain policies concerning correctional facilities.
State Bar of Michigan Positions:
HB 4160: Oppose in Principle. The Judicial Conference and the Civil Procedure and Courts Committee join the State Bar in its opposition.
SB 1185: Actively Oppose the provision that would eliminate judicial discretion concerning the payment of fees and costs at the conclusion of trial.

6/14 Senate Economic Development, Small Business and Regulatory Reform
Agenda item of interest: SB 1099 (Bishop) Liens; other; commercial real estate brokers lien; create.
Real Property Law Section Position:
SB 1099: Oppose

Complete Committee Meeting List

Legislation Recently Signed into Public Acts

Legislation Introduced 6/1 – 6/8
Of Interest to the Legal Community
HB 6153 Businesses; charitable organizations; determining charitable intent of donors to charitable trusts; revise.

HB 6156 Liens; other; special tools liens; provide for interest and attorney fees.

HB 6187 Vehicles; title; title provision; clarify effective date of title transfer.

HJR Y Criminal procedure; sentencing; capital punishment for first degree murder; provide for.

Of General Interest
HB 6168 Property tax; tax tribunal; mediation; provide for.

HB 6169 Property tax; tax tribunal; issuance of proposed decisions; provide for.

HB 6170 Property tax; tax tribunal; small claims hearings; modify.

HB 6171 Property tax; tax tribunal; membership requirements; revise.

In the Hall of Justice
Online Game Teaches Judicial Branch Basics; Game, Teacher's Guide Available on Supreme Court Learning Center Web Site

Other Actions
2006-01 - Appointments to the Attorney Discipline Board
Issued: June 6, 2006

2006-01 - Appointments to the Child Support Leadership Council
Issued: June 6, 2006

At the Bar
The Board of Commissioners met on Friday, June 9, 2006. The following public policy positions were adopted by the State Bar of Michigan:
HB 5132 (Baxter) Libraries; state; requirement for certain public documents to be provided to state libraries; eliminate when documents are available on the internet. Amends sec. 9 of 1982 PA 540 (MCL 397.19).
POSITION: Support in Principle. The State Bar reconsidered its previous position.

HB 5625 (Mortimer) 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).
POSITION: Active Opposition

HB 6001 (Hildenbrand) Civil procedure; civil actions; sanctions for frivolous lawsuits; increase. Amends sec. 2591 of 1961 PA 236 (MCL 600.2591).
POSITION: Active Opposition

Proposed Constitutional Amendment from the Michigan Civil Rights Initiative Committee
A proposal to amend the State Constitution to ban affirmative action programs that give preferential treatment to groups or individuals based on their race, gender, color, ethnicity or national origin for public employment, education or contracting purposes.
POSITION: Oppose in Principle

Michigan State Bar Foundation Grant Application Deadline is June 30

SBM Young Lawyers Section Hosts Technology Seminar

Sections and Committees
The Prisons and Corrections Section submitted a public policy report and recommendation regarding juvenile life without parole sentences.

The Real Property Law Section submitted a public policy report regarding In re VanConnett, Estate that stated its position that a mutual will that endeavors to restrain alienation of fee simple title is void.

The Unauthorized Practice of Law Committee submitted a public policy report stating its opposition to 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).

Federal News
Death Penalty in Some Cases of Child Sex Is Widening
(New York Times, 6/10/06)

Prisoners, Public at Health Risk
(Washington Times, 6/8/06)

Court Takes 2 Race-Based School-Assignment Cases
(Washington Times, 6/6/06)

State News
Granholm Urges Action Related to State's Business Tax Structure
(Detroit News, 6/11/06)

Panel Faults Ballot Bid on Affirmative Action
(Detroit News, 6/8/06)

Capitol May Get Display of Historical Documents
(Lansing State Journal, 6/8/06)

Self-Defense Bills OK Deadly Force
(Lansing State Journal, 6/7/06)

Links of Interest
Public Policy Resource Center | Michigan Supreme Court | Michigan Legislature | MCL Search Engines