Criminal Justice Reform, Flint Settlement, Electronic Meetings Bills Head To Gov’s Desk

By Laina G. Stebbins, Michigan Advance

As the clock ticks on the 2020 Lame Duck session, state lawmakers on Wednesday chose not to heed Gov. Gretchen Whitmer’s repeated pleas to take up a substantial COVID-19 relief bill for the state.

There is a chance the chambers pass a supplemental bill before the term ends, as the House has legislation on its agenda Thursday and negotiations between the Democratic governor and GOP-led Legislature continue. The Legislature originally was scheduled to have its last voting day Thursday but the House is back Monday after losing a week due to concern over COVID-19 exposure.

Whitmer has asked for $400 million, which includes funds for vaccine distribution, as well as $100 million in relief for workers and businesses. GOP leaders have continued their criticism over the state’s order closing some businesses, like restaurants for in-person dining, amid the pandemic’s second wave and have expressed skepticism over a relief package.

Michigan has more than 446,000 COVID-19 cases and more than 11,000 deaths.

State Rep. Jim Haadsma (D-Battle Creek) summed up Democrats’ disappointment with the lack of action.

“We didn’t consider the Gov.’s proposal to pass a $100 million COVID relief plan tonight,” he wrote on Twitter. “But we acted on bills to allow gas stations to operate without attendants; pawnbrokers to charge higher interest rates; and judges to expunge 1st OWI [operating while intoxicated] offenses. It’s been a hard day’s night.”

We didn’t consider the Gov.’s proposal to pass a $100 million COVID relief plan tonight.But we acted on bills to allow gas stations to operate without attendants; pawnbrokers to charge higher interest rates; and judges to expunge 1st OWI offenses.It’s been a hard day’s night.
— Jim Haadsma (@JimHaadsma) December 17, 2020

Legislators spent their session day Wednesday passing dozens of bills to the other chamber and to the governor’s desk.

Those include much-awaited criminal justice reform bills like “clean slate” expungement legislation for juveniles, bills related to electronic hearings and the Open Meetings Act and the establishment of the Flint Settlement Trust Fund for those affected by the city’s water crisis.

Criminal justice reform

Significant reforms allowing for expungement of certain crimes were signed by Whitmer in October, but some legislation was left behind pertaining specifically to those who were minors when they committed a crime.

Senate Bills 681 and 682 were both passed by the House Wednesday and returned to the Senate, where they will lay over for one day under the rules. The first bill, which extends eligibility for expungement to juveniles, passed but had a fair number of Republicans vote against it. State Rep. Mike Mueller (R-Linden) had criticized the bill, arguing it would let crimes go unpunished.

Before the second bill passed, state Rep. Tenisha Yancey (D-Harper Woods) urged those who voted no on the first to “do the right thing” and vote yes on SB 682, which would require juvenile records to be confidential. She argued that adults should be held to a higher standard than children, not the other way around.

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The Michigan League for Public Policy (MLPP) has long been a proponent of criminal justice reforms, including Clean Slate.

“Much like Raise the Age, immature and impulsive decisions and juvenile records should not follow kids for the rest of their lives—it is a disservice to their rehabilitation and redemption,” said MLPP President and CEO Gilda Z. Jacobs on Wednesday. “Much like the adult expungement reforms before them, these bills offer a clean slate and a brighter future for thousands of Michigan residents.”

Other action taken on criminal justice bills Wednesday include:

• SB 700 to limit the use of secure detention facilities for juveniles — passed by House, full title inserted
• SB 1254 to allow expungement for operating while intoxicated convictions — returned to Senate, laid over one day under the rules
• HB 5217 to create a new act to prevent student athletes from profiting off the use of their name or image — passed by Senate
• HB 5218 to repeal criminal and civil provisions related to prohibited conduct of an athletic agent — ordered enrolled and sent to governor
• HB 5679 to modify the Sex Offender Registration Act — ordered enrolled and sent to governor
• HB 5851 to eliminate the use of driver license suspension and revocation as a sanction for certain drug offenses — returned to House, laid over one day under the rules

Further legislation like SB 420, which modifies procedures for property seizures and SB 533, to modify the definition of armed robbery were also passed and ordered enrolled for the governor’s desk.

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Electronic meetings

Bills to aid the use of electronic communications during the COVID-19 pandemic saw movement in both chambers:

• SB 1186 to allow state departments to send and receive electronic records and signatures (extended from Dec. 31 until June 30) — ordered enrolled and sent to governor
• SB 1187 to allow notarization via recorded video call in certain circumstances — ordered enrolled and sent to governor
• SB 1189 to allow electronic signing and witnessing certain documents, and allow required visitations to take place virtually — ordered enrolled and sent to governor
• SB 1246, governing rules and procedures for public bodies meeting electronically during COVID-19 — passed by House, laid over for one day under the rules

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Flint water crisis settlement

A pair of bills aimed at giving financial compensation to victims of the Flint water crisis and settling the litigation settlement made headway as well.

SB 1251, which would establish an authority to borrow and issue bonds and notes to fund the Flint water litigation settlement, returned to the Senate and was ordered enrolled — as was SB 1252, which would establish the Flint Settlement Trust Fund.

After voting on the measures, Senate Minority Leader Jim Ananich (D-Flint) issued a statement praising the passage of SB 1252.

“There are children in our city who will face a lifetime of challenges due to lead exposure at the hands of their government,” Ananich said. “… A settlement does not turn back the clock and it does not right these grave wrongs. No amount of money can do that.

“However, it is a powerful acknowledgment of the real harm done to us. It has been a privilege to lead this effort on behalf of the citizens of Flint. I am glad and relieved to see this bill cross the finish line in the Legislature, and I expect the governor to take swift action when it reaches her desk.”

This story was originally published by the Michigan Advance. For more stories from the Michigan Advance, visit MichiganAdvance.com.