THE MINUTES OF THE HOUSE STANDING COMMITTEE ON JUDICIARY Wednesday, April 29, 2009 10:30 a.m. Room 521 House Office Building ______________________________________________________________________________ The House Standing Committee on Judiciary was called to order by Representative Mark Meadows, Chair. MEMBERS PRESENT: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca. MEMBERS ABSENT/EXCUSED: None. Chairman Meadows laid HB 4249 and HB 4250 an before the committee:
HB 4249 Byrum
Criminal procedure; sentencing guidelines; sentencing guidelines for certain prescription drug crimes; enact. Crimes; controlled substances; penalties for certain prescription drug violations; increase.
HB 4250 Byrum
TESTIMONY Representative Byrum, sponsor of HB 4249 and HB 4250, explained her bills to the committee. Gene Wrigglesworth, Ingham County Sheriff, testified in support of the bills. Stuart Dunnings, representing the Ingham County Prosecutor's Office, testified in support of the bills. The following person submitted a card and did not wish to speak: Christine Shearer, representing the Michigan Association of Health Plans, supports the bills. Chairman Meadows laid SB 145 and SB 146 before the committee:
SB 145
Barcia
Criminal procedure; sentencing; restitution to include recovery for replacement value if fair market value is impractical or impossible to ascertain; allow.
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SB 146
Cropsey
Crime victims; restitution; recovery for replacement value if fair market value is impossible or impractical to ascertain; allow.
TESTIMONY Trixie Brown, representing the Ingham County Prosecutor's Office, testified in support of the bills. The following person submitted a card and did not wish to speak: Brandon Dillion from Senator Barcia's office, supports SB 145. Representative Rocca moved to report SB 145 with recommendation. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Lipton moved to report SB 146 with recommendation. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Chairman Meadows laid SB 383, SB 384, SB 385, SB 386 and SB 387 before the committee:
SB 383
Kuipers
Probate; trusts; conflicts between chapter 81 of the revised statutes of 1846 and the Michigan trust code; resolve. Probate; trusts; conflicts between chapter 63 of the revised statutes of 1846 and the Michigan trust code; resolve. Probate; trusts; Michigan uniform fraudulent transfer act; amend to conform to Michigan trust code. Probate; trusts; powers of appointment act of 1967; amend to conform to Michigan trust code. Probate; trusts; Michigan trust code; enact.
SB 384
Kuipers
SB 385
Clarke
SB 386
Kuipers
SB 387
Cropsey
TESTIMONY
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Mark Harder, representing the Probate and Estate Planning Section, State Bar of Michigan, testified and submitted written testimony in support of the bills. Debbie Mitin, representing the Michigan Bankers Association, testified and submitted written testimony in support of SB 383 - SB 386. The following people submitted a card and did not wish to speak: Jessica Peterson from Senator Kuipers' office supports SB 383, 384 and SB 386. Pat McCollough, representing the Michigan Probate Judges Association, supports the bills. Representative Kowall offered the following amendment to SB 383: 1. Amend page 2, following line 27, by inserting: "Enacting section 1. This amendatory act takes effect April 1, 2010." and renumbering the remaining enacting section. Representative Kowall moved to adopt the amendment. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Schuitmaker moved to report SB 383 with recommendation, as amended. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Amash offered the following amendment to SB 384: 1. Amend page 1, following line 5, by inserting: "Enacting section 1. This amendatory act takes effect April 1, 2010." and renumbering the remaining enacting section. Representative Amash moved to adopt the amendment. The motion prevailed by a vote of 15-0-0.
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FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Haveman moved to report SB 384 with recommendation, as amended. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Constan offered the following amendment to SB 385: 1. Amend page 5, following line 23, by inserting: "Enacting section 1. This amendatory act takes effect April 1, 2010." and renumbering the remaining enacting section. Representative Constan moved to adopt the amendment. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Lisa Brown moved to report SB 385 with recommendation, as amended. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Rick Jones offered the following amendment to SB 386: 1. Amend page 2, following line 26, by inserting: "Enacting section 1. This amendatory act takes effect April 1, 2010." and renumbering the remaining enacting section. Representative Rick Jones moved to adopt the amendment.
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The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Rocca moved to report SB 386 with recommendation, as amended. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Corriveau offered the following amendments to SB 387:
1. Amend page 98, line 12, after "IS" by striking out the balance of the subsection and inserting "AS FOLLOWS: (A) IN A COUNTY IN THIS STATE IN WHICH A TRUST BENEFICIARY RESIDES. (B) IN A COUNTY IN WHICH ANY TRUST PROPERTY IS LOCATED. (C) IF THE TRUST IS CREATED BY WILL, IN THE COUNTY IN WHICH THE DECEDENT'S ESTATE WAS OR IS BEING ADMINISTERED. (D) AS OTHERWISE PROVIDED BY COURT RULE.". 2. Amend page 199, line 24, after "OF" by striking out "THIS ARTICLE" and inserting "ARTICLE VII". 3. Amend page 200, line 2, by striking out all of enacting section 2 and inserting: "Enacting section 2. This amendatory act takes effect April 1, 2010. Enacting section 3. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No. 383. (b) Senate Bill No. 384. (c) Senate Bill No. 385. (d) Senate Bill No. 386.".
Representative Corriveau moved to adopt the amendments. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None,
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Pass: None. Representative Warren moved to report SB 387 with recommendation, as amended. The motion prevailed by a vote of 15-0-0. FAVORABLE ROLL CALL: Yeas: Representatives Meadows, Lipton, Lisa Brown, Constan, Corriveau, Coulouris, Kandrevas, Bettie Scott, Warren, Schuitmaker, Amash, Haveman, Rick Jones, Kowall and Rocca, Nays: None, Pass: None. Representative Coulouris moved to adopt the minutes from the April 22, 2009, meeting. There being no objection, the motion prevailed by unanimous consent. There being no further business to come before the committee, the Chair adjourned the meeting at 11:21 a.m.
____________________________________________ Representative Mark Meadows, Chair House Standing Committee on Judiciary Malika Abdur-Rashid Committee Clerk mabdur@house.mi.gov 517-373-7256 51 Minutes