November 20-26, 2006
Volume 4 Issue 47

In the Capitol
Committee meetings of interest for the week of 11/27
11/28 State Drug Treatment Court Advisory Committee

11/28 Senate Judiciary
Agenda: SB 59 Expand provision limiting where mayors can perform marriages to entire county of city's location; SB 309 Require notification of security breach of database containing personal identifying information; SB 1495 Allow appointment of attorney for indigent prisoners at certain parole revocation hearings; SB 647 Regulate use and disclosure of certain statements made by law enforcement officers to law enforcement agencies; HB 5435 Allow for certain civilian detention officers to possess and operate electrical devices designed to temporarily incapacitate persons; HB 6455 Allow for an administrative fee for monitoring prisoner accounts; HB 5135 Eliminate and harmonize with court decisions certain conflicts with court rule; HB 5968 Prohibit deferral of certain domestic violence proceedings under certain circumstances; HB 5374 Revise number of judgeships in various circuits and districts; HB 5492 Clarify exemptions regarding possession and sale of drug paraphernalia; HB 4042 Eliminate fingerprinting requirement for renewal of concealed weapons permit.
Probate & Estate Planning Section on HB 5374: Oppose
Judicial Conference Section on HB 5374: Oppose

11/29 House Judiciary
Agenda: HB 6553 Expand offense variable involving multiple victims to award points for financial injury to victims; HB 6631 Revise definition of place of confinement for purposes of establishing prison break and increase penalty; HB 6632 Revise sentencing guidelines for crime of escaping from prison or other lawful place of confinement to reflect increased penalty; HB 5999 Prohibit furnishing cellular telephones or other wireless communication devices to prisoners; HB 6000 Create guidelines for crime of furnishing cell phones or similar devices to prisoners; HB 6271 Revise punishment for criminal contempt to include probation; HB 6630 Enact sentencing guidelines for crime of buying or selling stolen scrap metal; HB 6109 Regulate use and disclosure of certain statements made by law enforcement officers to law enforcement agencies; HB 6394 Exempt local corrections officers and certain city jail or lockup employees from concealed weapons law under certain circumstances; HB 6320 Increase penalties for intentionally discharging a firearm from vehicle under certain circumstances; HB 6321 Enact sentencing guidelines for increased penalties for crime of intentionally discharging a firearm from a motor vehicle causing serious impairment of a body function; HB 5654 Revise eligibility for parole for certain prisoners; HB 5655 Clarify applicability of statute for persons sentenced to lifetime probation for certain drug crimes; HB 5656 Clarify certain provisions regarding lifetime probationers; SB 1032 Allow delayed sentencing for ordinance violations; SB 454 Provide for increased penalties embezzlement from a charitable organization; SB 455 Enact sentencing guidelines for crime of embezzling from a charitable organization; SB 1203 Expand and provide certain revisions to redemption period for individuals authorized to foreclose a mortgage.
SBM Position on SB 1203: Support the adoption of amendments
Real Property Law Section Position on SB 1203: Oppose

11/30 Senate Local, Urban and State Affairs
Agenda item of interest: SB 1266 Provide for eligibility for licensed attorneys to serve as notaries public.
SBM Position on SB 1266: Support in Principle

Complete Committee Meeting List

New Public Acts

At the Bar
Please note: The new positions reported in the last edition of the Public Policy Update were adopted at the November 17, 2006 Board of Commissioners meeting, not September 13, 2006 as reported.

SBM Young Lawyers Section Seeks Volunteers for Annual Holiday Dinner Program

Sections and Committees
The Family Law Section submitted the following public policy reports:
HB 6251 Human services; children's services; procedure for placement of children in a foster home; expand to give special consideration to relatives and to include consideration of religion. Amends sec. 4a of 1994 PA 203 (MCL 722.954a) & adds sec. 4e.
Support in concept

HB 6280 Probate; other; dower rights; repeal. Creates new act.

HB 6319 Family law; child custody; award of custody to parent convicted of criminal sexual conduct against his or her child; prohibit. Amends sec. 5 of 1970 PA 91 (MCL 722.25).
Support in concept

HB 6351 Family law; marriage and divorce; marriage by proxy; allow. Amends sec. 9 of 1846 RS 83 (MCL 551.9). TIE BAR WITH: HB 6352'06
HB 6352 Family law; marriage and divorce; marriage by proxy; indicate on marriage license. Amends sec. 2 of 1887 PA 128 (MCL 551.102). TIE BAR WITH: HB 6351'06
Support in concept

HB 6417 Family law; marriage and divorce; prerequisites for issuance of marriage license; require previously married individuals to present a final divorce decree. Amends sec. 3 of 1887 PA 128 (MCL 551.103).

HB 6452 Family law; parenting time; court appointed electronic visitation; allow. Amends sec. 7a of 1970 PA 91 (MCL 722.27a).
Support in concept 

SB 1324 Children; guardians; relative guardianship assistance act; establish. Creates new act.

SB 1343 Probate; other; dower rights; abolish. Amends sec. 1 of 1846 RS 66 (MCL 558.1) & repeals secs. 2 to 29 of 1846 RS 66 (MCL 558.2 - 558.29) & secs. 2931 & 2933 of 1961 PA 236 (MCL 600.2931 & 600.2933). TIE BAR WITH: SB 1342'06SB 1344'06
SB 1344 Family law; marriage and divorce; requirement that judgment of divorce contain provisions regarding wife's dower rights; eliminate. Amends sec. 1 of 1909 PA 259 (MCL 552.101). TIE BAR WITH: SB 1343'06

The Probate and Estate Planning Section submitted the following public policy report:
SB 1396 Probate; guardians and conservators; notification to credit agencies of the existence of a conservatorship; require. Amends sec. 5419 of 1998 PA 386 (MCL 700.5419).

State News
Senate Majority Leader Seen as GOP's 'Standard Bearer'
(Lansing State Journal, 11/27/06)

Granholm Urges GOP to Replace Business Tax in '06
(Lansing State Journal, 11/22/06)
See Also:
Granholm Challenges State GOP
(Detroit News, 11/22/06)

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