HOUSE OF REPRESENTATIVES
COMMITTEE ON JUDICIARY
REP. GRAHAM FILLER
CHAIR
COMMITTEE MEETING MINUTES
Tuesday, December 1, 2020
9:35 AM
Room 519, House Office Building
The House Committee on Judiciary was called to order by Chair Filler.
The Chair requested attendance be called:
Present: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder.
Absent: Reps. Yancey, Bolden.
Excused: None.
Representative Howell moved to adopt the minutes from the September 24th, 2020 meeting.
There being no objection, the motion prevailed by unanimous consent.
The Chair laid SB 761 before the committee:
SB 761
(Sen. VanderWall)
A bill to amend 1978 PA 368, entitled "Public
health code," by amending sections 7521a and
7523a (MCL 333.7521a and 333.7523a), section
7521a as added by 2019 PA 7 and section 7523a as
added by 2019 PA 8.
Senator VanderWall testified in support of SB 761.
Deputy Chief Thomas Zahina, representing the Wayne County Airport, testified in support of
SB 761. Questions and discussion followed.
The following people submitted a card in support of SB 761, but did not wish to speak:
Dan Pfannes, representing the Michigan Sheriffs' Association.
James Ryan, representing the Wayne County Airport Authority.
Stephanie Johnson, representing the Michigan Association of Chiefs of Police.
The following person submitted a card in opposition to SB 761, but did not wish to speak:
Kimberly Buddin, representing the ACLU of Michigan..
The Chair laid SB 1185 before the committee:
SB 1185
(Sen. VanderWall)
A bill to provide immunity for health care
providers and health care facilities in the event of
a pandemic; and to clarify the time frame for the
immunity.
Senator VanderWall testified in support of SB 1185. Questions and discussion followed.
Tim Greimel, representing the AFSCME Council 25, testified in opposition to SB 1185.
Questions and discussion followed.
Harvetta Ward, a Registered Nurse and Member of AFSCME, testified in opposition to SB
1185. Questions and discussion followed.
The following people submitted a card in support of SB 1185, but did not wish to speak:
Scott Kempa, representing the Michigan State Medical Society.
Sean Sorenson-Abbott, representing the Michigan Health & Hospital Association.
The following people submitted a card in opposition to SB 1185, but did not wish to speak:
Dawn Kettinger, representing the Michigan Nurses Association.
Jennifer Root, representing the SEIU Michigan.
Ryan Sebolt, representing the Michigan ALF-CIO.
Bill Flory, representing the Michigan Association for Justice.
Todd Tennis, representing the Negligence Section of the State Bar of Michigan.
The Chair laid SB 611 before the committee:
SB 611
(Sen. MacGregor)
A bill to amend 1982 PA 455, entitled "The library
privacy act," by amending the title and sections 2,
3, and 4 (MCL 397.602, 397.603, and 397.604),
section 2 as amended by 1999 PA 37 and section 3
as amended by 1996 PA 188.
Senator MacGregor testified in support of SB 611. Questions and discussion followed.
Bob DeVries, representing the Michigan Libraries, testified in support of SB 611. Questions
and discussion followed.
The following person submitted a card with a neutral position on SB 611, but did not wish to
speak:
Merissa Kovach, representing the ACLU of Michigan.
The following people submitted a card in support of SB 611, but did not wish to speak:
Lance Werner, representing the Kent District Library.
Shirley A. Bruursema, representing the Kent District Library, Member of MLA
Legislative Committee.
Debbie Mikula, representing the Michigan Libraries Association.
Jennifer L. Dean, representing the Dean of Libraries and Instructional Technology
University of Detroit Mercy Libraries.
Jasmine Parker, representing the Ferndale Area District Library.
Michael McCullough, representing the Willard Library in Battle Creek.
Jenny Marr, representing the Ferndale Area District Library.
Kate Van Auken, representing the White Pine Library Cooperative.
Erin Schmandt, representing the Caro Area District Library.
Kristin Shelley, representing the East Lansing Public Library.
Kelly Richards, representing the Muskegon Area District Library.
Clara Bohrer, representing the West Bloomfield Township Public Library.
Jessica Keyser, representing the Grosse Pointe Public Library.
Larry Neal, representing the Clinton- Macomb Public Library.
Bryan J. Cloutier, representing the Oxford Public Library.
Cindy Mack, representing the Brighton District Library.
Amber Alexander, representing the Presque Isle District Library.
Dale Parus, representing the Ionia Community Library.
Vanessa Verdun-Morris, representing the Taylor Community Library.
Mary P. Freier, representing the Northern Michigan University's Lydia M. Olson Library.
Ryan Wieber, representing the Kalamazoo Public Library.
Loretta Hunter, representing the Michigan Library Association.
Karen Knox, representing the Orion Township Public Library.
The Chair laid HB 6255 and HB 6256 before the committee:
HB 6255
(Rep. Calley)
A bill to amend 1925 PA 289, entitled "An act to
create and maintain a fingerprint identification and
criminal history records division within the
department of state police; to require peace
officers, persons in charge of certain institutions,
and others to make reports respecting juvenile
offenses, crimes, and criminals to the state police;
to require the fingerprinting of an accused by
certain persons; and to provide penalties and
remedies for a violation of this act," by amending
section 3 (MCL 28.243), as amended by 2018 PA
67.
HB 6256
(Rep. Bolden)
A bill to amend 1927 PA 175, entitled "The code
of criminal procedure," by amending section 26a
of chapter IV (MCL 764.26a), as added by 2018
PA 65.
Representative Calley testified in support of HB 6255 and HB 6256.
Dan Pfannes, representing the Michigan Sheriffs' Association, testified in opposition to HB
6255 and HB 6256.
Tom Boyd, representing the State Court Administrative Office, testified in support of HB
6255 and HB 6256.
Aaron Stephens, representing East Lansing, testified in support of HB 6255 and HB 6256.
Elinor Jordan, J.D., representing the Michigan Coalition to End Domestic & Sexual Violence,
testified in opposition to HB 6255 and HB 6256. Questions and discussion followed.
The following people submitted a card in support of HB 6255 and HB 6256, but did not wish
to speak:
Alex Rossman, representing the Michigan League for Public Policy.
Kimberly Buddin, representing the ACLU of Michigan.
Noah Smith, representing the Criminal Defense Attorneys of Michigan.
John Cooper, representing the Safe and Just Michigan.
Stephanie Johnson, representing the Michigan Association of Chiefs of Police.
The Chair laid SB 681 and SB 682 before the committee:
SB 681
(Sen. Irwin)
A bill to amend 1939 PA 288, entitled "Probate
code of 1939," by amending section 18e of chapter
XIIA (MCL 712A.18e), as amended by 2018 PA
142, and by adding section 18t to chapter XIIA.
SB 682
(Sen. Lucido)
A bill to amend 1939 PA 288, entitled "Probate
code of 1939," by amending section 28 of chapter
XIIA (MCL 712A.28), as amended by 1998 PA
478.
Justin Carpenter, representing the Office of Senator Lucido, testified in support of SB 681
and SB 682. Questions and discussion followed.
Gabrielle French, representing the Michigan Center for Youth Justice, testified in support of
SB 681 and SB 682.
The following people submitted a card in support of SB 681 and SB 682, but did not wish to
speak:
Tom Hickson, representing the Michigan Catholic Conference.
Brandon Lanyon, representing the PAAM.
Dr. Sharon Denniston.
Rusty Merchant, representing the Michigan Center for Youth Justice.
Alex Rossman, representing the Michigan League for Public Policy.
Peri Stone- Palmquist, representing the Student Advocacy Center of Michigan.
Kimberly Buddin, representing the ACLU of Michigan.
Donna Champine
Marion Van Dam
Kimberly Starr
Jewel Wilson
Alice Baldwin
Brooke Harris
Olivia Sedlacek
Malik Wali
Isabella Little
Alexandra Fahoome
Debra Wright
Sitara Murali
Mariska Goswami
Susan Kinsky
Anne Kelly
Jamila Martin
Kirk Bails
Jeffery Anderson
Emily Royce
Kesha Hamilton
Mary Barber
Angela Burchard
Gerilyn Biggs
Martin Ehlen
Ali Pavlicek
Natasha Abner
Sophie Ordway
Alexandria Hughes
Jennifer Haines
Amy Rebant
Kathryn Dugal
Elizabeth Clark
Sarah Krause
Kathy McClain
Danielle Peck
Tiye Taylo.
Michelle Deatrick
Elizabeth Weamer
Caleb Horton
Charina Pitts
Sarah Horton
Sharif-Ahmed Krabti
Dana Wakiji
Caryn Rose
Kathleen Churchman
Adrianna Duchene
Jennifer Schlicht
Madeline Wagner
Jordan Sabolish
Erin Kennedy
Ruth Zweifler
Frank Vaca
Christine Worland
Sharon Monod
Catherine Clifford
Karen Schultz
Melanie Roby
Terry Huff
Holly Nickerson
Alofa Jones
Chanice Jones
Abby Thelen
Lisa Carlson
NM Porter
Elizabeth Walz
Anji Barto
Jacob Schneyer
Sarah Torres
Renee Swanson
Suzanne Connor
Patrice Aaron
Taylor Harrington
Mia Ferguson
Elizabeth Calhoun
Cecilia Galvan
Emily Zick
Brooke Orbon
Arushi Mathur
Arden Lesoravage
Gabriella Ahearn
Evelyn Krause
George R Lyles III
Syeda Arbab
Asma Azimi
Sumayya Sahin
Sarah Azimi
Kate Meixner
Elizabeth George
Heidi Thornley
Maegen Gabriel
Susan Farquhar
Jean Miller
Ashley Blake
Lynn Marana
Nancy McCarthy
Rosemarie Abate
Tara McManus
Carlyn Arteaga
Jonathan Litt
Suzanne Lind
Catherine Jones-Alther
David Sole
Sharon Buttry
Jean Weamer
Audrea Dakho
Andrew Rapin
Jessica Makolin
Allyse Falce
Aditi Hukerikar
Mary Anne Perrone
Heather Mooney
Kayla Tipton
Kathie Gourlay
Tyler Cody
Judith Bemis
Debra F Simmons
Laurel Schroeder
Magdelynn Miller
Noah Smith, representing the Criminal Defense Attorneys of Michigan.
John Cooper, representing the Safe and Just Michigan.
Kristen Cheney
At 10:38 AM, the Chair laid the committee at ease.
At 10:48 AM, the Chair called the committee back to order.
The Chair laid HB 5679 before the committee:
HB 5679
(Rep. Lower)
A bill to amend 1994 PA 295, entitled "Sex
offenders registration act," by amending sections
2, 3, 3a, 4, 4a, 5, 5a, 7, 8, 9, 33, and 34 (MCL
28.722, 28.723, 28.723a, 28.724, 28.724a, 28.725,
28.725a, 28.727, 28.728, 28.729, 28.733, and
28.734), section 2 as amended by 2014 PA 328,
sections 3, 3a, 4, 4a, and 5 as amended by 2011 PA
17, section 5a as amended by 2019 PA 82, sections
7 and 9 as amended by 2011 PA 18, section 8 as
amended by 2013 PA 2, section 33 as added by
2005 PA 127, and section 34 as amended by 2005
PA 322, and by adding section 2a.
Representative Lower testified in support of HB 5679. Questions and discussion followed.
The following people submitted a card in opposition to HB 5679, but did not wish to speak:
Kimberly Buddin, representing the ACLU of Michigan.
Don Campbell, representing the Michigan Citizens for Justice, MI-CEMI, Washtenaw
Citizens for Restorative Justice.
Jessica Zimbelman, representing the State Appellate Defender Office.
Kay Perry, representing the MI-CURE.
Sandy Neil Kezenius
Jeanice Dagher-Margosian
Jason Kiesgen
Barbara Wybrecht
Bruce and Candace Cline
Kolean England
Brian Woodman
Martinez Kennard Braye
Harold R. Rodgard
Cynthia Anderson
Kristen Kiesgen
Steven Detvay
Adam Balden
Gregory S. Stratton
Al Garcia
Chris Pelvin
Susan Brissette
Raul Mireles
Daniel Lynn McDougle
James DeVormer
Dena DeVormer
Matt Rokos
Jessica Rokos
Erin Caszatt
John Gourlay
Kathie Gourlay
Christian M. Manhart
Jonathan Meyer
Matt Powell
Jason Seymour
Chris Rozman
James and Kathleen Wilcox, Ph. D.
Joseph and Christie Gentner
Elijah Marzorati
Bill Pincomb
Gail S. Cross
Elizabeth Hunt
Shawn Barrera-Leaf
JDD
Amy Case
Kathy Laird
Doug Stranahan
Cathryn Pawlusiak
Patricia D.
Russell Fox
Ted Garrett
Nancy Vogrin
James C.
Julian Gordon PhD.
Dr. Sharon Denniston
Brian Kelmar, representing the Legal Reform for Intellectually and Developmentally
Disabled (LRIDD).
Kristen Burgess
Noah Smith, representing the Criminal Defense Attorneys of Michigan.
John Cooper, representing the Safe and Just Michigan.
Representative LaFave moved to adopt substitute (H-2) to HB 5679. The motion prevailed
11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder.
Nays: None.
Pass: None.
Representative Berman offered the following amendment to HB 5679 (H-2):
1. Amend page 2, line 4, after the second "court" by striking out the balance of the
line through "conviction" on line 5 and inserting a period and "Convicted does not include a
conviction that was".
2. Amend page 2, line 6, after "780.624" by inserting a comma and "or otherwise
expunged".
3. Amend page 22, following line 29, by inserting:
"(16) If an individual required to be registered under this act presents an order
to the department or the appropriate registering authority that the conviction or
adjudication for which the individual is required to be registered under this act has
been set aside under 1965 PA 213, MCL 780.621 to 780.624, or has been otherwise
expunged, his or her registration under this act must be discontinued. If this subsection
applies, the department shall remove the individual from both the law enforcement
database and public internet website maintained under section 8.".
4. Amend page 39, line 10, by striking out all of subsection (10).
Representative Berman moved to adopt the amendment to HB 5679 (H-2). The motion
prevailed 11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder.
Nays: None.
Pass: None.
Representative LaFave moved to report House Bill No. 5679 as amended, as substitute (H-5).
The motion prevailed 11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder.
Nays: None.
Pass: None.
The Chair returned to SB 1185.
Representative LaFave moved to adopt substitute (H-3) to SB 1185. The motion prevailed 8-
3-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak.
Nays: Reps. LaGrand, Guerra, Elder.
Pass: None.
Representative Farrington moved to report out SB 1185 with recommendation, as substitute
(H-3). The motion prevailed 7-4-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Wozniak.
Nays: Reps. Berman, LaGrand, Guerra, Elder.
Pass: None.
The Chair returned to SB 611
Representative Filler offered the following amendment to SB 611:
1. Amend page 5, line 23, after "contract" by inserting a comma and "including a
collection agency".
Representative Filler moved to adopt the amendment to SB 611. The motion prevailed 11-0-
0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder.
Nays: None.
Pass: None.
Representative LaFave moved to report Senate Bill No. 611 as amended, as substitute (H-1).
The motion prevailed 11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon, Berman,
Wozniak, LaGrand, Guerra, Elder.
Nays: None.
Pass: None.
There being no further business before the committee, Rep. Graham Filler adjourned the
meeting at 10:59 AM.
Representative Graham Filler, Chair
Amy Rostkowycz
Acting Committee Clerk
arostkowycz@house.mi.gov