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Judiciary

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meeting

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Meeting date: 2020-12-01
Scheduled start: 2020-12-01 09:35:00.000000
Documented start: Not recorded
Documented end: 2020-12-01 10:59:00.000000
Location: Room 519, House Office Building
Official minutes: Open official source ↗

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Actual end: 2020-12-01 10:59:00.000000
Actual start: Not recorded
Chamber: house
Committee id: committee-120
Committee name: Judiciary
Evidence text: 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
Location: Room 519, House Office Building
Media count: 1
Meeting date: 2020-12-01
Meeting id: meeting-2554
Meeting state: held
Minutes url: Open official source ↗
Quorum state: quorum not determined
Scheduled start: 2020-12-01 09:35:00.000000
Session name: 2019-2020

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