Friday, April 18, 2014

House of Representatives Week in Review: April 15th - April 17th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week.  I hope you’ll feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Allowing Mixing of Game
HB 5195 (H-2) (LaFontaine), Passed 106-3
House Bill 5195 (H-2) would allow mixing of game from more than one owner and not butchered by a licensed food establishment if the consumer is given a written advisory.

Allowing Use of Mortality Tables
HB 5192 (LaFontaine), Passed 106-1
House Bill 5192 would allow life insurance companies to use “preferred class structure mortality tables” to determine future-claim reserve levels, subject to specified limitations.

 

Tuesday, April 1, 2014

House of Representatives Week in Review: March 25th - March 27th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 25th through 27th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Creation of Tax Exemptions for Industrial and Commercial Personal Property
SB 821 (Brandenburg), Passed: 107-2
SB 822 (Hildenbrand), Passed: 104-5
SB 823 (Proos), Passed: 108-1
SB 824 (Pappageorge), Passed: 108-1
SB 825 (Robertson), Passed: 106-3
SB 826 (Jansen), Passed: 108-1
SB 827 (BIEDA), Passed: 109-0
SB 828 (ANANICH), Passed: 109-0
SB 829 (WARREN), Passed: 105-4
SB 830 (Nofs), Passed: 105-4
Next: Sent to Senate for reconsideration
SB’s 821-830 would amend, enact, and replace various statutes to revise legislation that was enacted in 2012 to create tax exemptions for eligible industrial and commercial personal property, and provide mechanisms to replace a portion of the revenue lost by local units of government. In particular, the bills would do the following: (1) Increase the share of local use tax to be levied versus state use tax, thereby increasing the revenue distributed to local units of government as reimbursement for personal property tax revenue lost due to the exemptions. (2) Replace a local essential services assessment on exempt property with a State assessment. As under current law, a question on the August 2014 ballot would have to be approved by the voters in order for some of the bills, or some of the new exemptions, to take effect.

Amendments to the Uniform Commercial Code
SB 547 (Booher), Passed: 109-0
SB 548 (Booher), Passed: 109-0
SB 549 (Booher), Passed: 109-0
Next: Sent to Governor for signature
SB’s 547 through 549 would make various amendments to Articles 3 and 4 of the Uniform Commercial Code (UCC).

Limiting the Amount a Debtor Can Recover When a Creditor Violates the UCC
SB 551 (Booher), Passed: 108-1
Next: Sent to Governor for signature
Senate Bill 551 amends MCL 440.9625 and MCL 440.9626 to limit the amount a debtor could recover when a secured creditor violates certain provisions of Article 9 of the UCC, which pertains to secured transactions. Secured transactions are transactions in which credit is granted and the creditor receives an interest in personal property (for example, a car, boat, RV) of the debtor (the collateral).

Waiver of Initial Application and License Fees for Military Veterans Applying for Dental Assistant Licensure
HB 5248 (Haines), Passed: 109-0
Next: Sent to Senate for consideration
HB 5248 amends the Public Health Code for the waiver of initial application and license fees for certain military veterans applying for dental assistant licensure.

Inclusion of an Individual Representing a Nonprofit Mutual Disability Insurer into which a Nonprofit Healthcare Corporation (BCBSM) has Merged
SB 820 (Hune), Passed: 107-2
Next: Sent to Governor for signature
SB 820 would amend the Public Health Code to include on the Certificate of Need Commission an individual representing a nonprofit mutual disability insurer into which a nonprofit health care corporation (BCBSM) has merged, as an alternative to a person representing a nonprofit health care corporation.

FY 2013-2014 Natural Resources Supplemental
SB 780 (Booher), Passed: 106-3
Next: Sent to Governor for signature
SB 780 is a FY 13-14 supplemental that includes funding for the Michigan Natural Resources Trust Fund (MNRTF) capital outlay projects. The bill appropriates $27,677,800 gross, all restricted funds.

FY 2013-2014 School Aid Supplemental
HB 4295 (Haveman), Passed: 105-4
Next: Sent to Senate for reconsideration
HB 4295 is a FY 13-14 school aid supplemental, predominantly making necessary cost adjustments associated with pupil counts, special education costs, and taxable value changes. However, the bill also makes grants for dissolved district transitions, provides for a contract for IT certification education, and increases at-risk funding and small class size grants.

Changing the Date of When an Election Must Take Place
HB 5152 (Lyons), Passed: 84-24
Next: Sent to Governor for signature
HB 5152 would amend the Michigan Election Law to change the date when an election must take place in order to fill a vacant local office. This bill is necessary because of a conflict created by a change made to the Michigan Election Law in 2012. House Bill 5152 would also amend the law to exempt a registered voter’s social security number from a Freedom of Information Act request.

Addition of a New Section to the Public Health Code
HB 4865 (MacGregor), Passed: 106-2
Next: Sent to Governor for signature
HB 4865 would add a new section to the Public Health Code to regulate and develop permit requirements for mobile dentistry in the State of Michigan.

Requirement that a Putative Father be registered with the Responsible Father Registry
HB 4648 (Kurtz), Passed: 97-11
Next: Sent to Governor for signature
HB 4648 would require that a putative father be registered in a timely manner with the Responsible Father Registry to be considered by the court to be granted custody of a child. If the court finds that a putative father's rights should not be terminated, then the bill would terminate a temporary placement and return the child to the mother for further proceedings under the Child Custody Act.

Allowing a Court to Enter an Order of Adoption Three Months Following a Formal Placement
HB 4647 (O'Brien), Passed: 105-3
Next: Sent to Governor for signature
HB 4647 would allow a court to enter an order of adoption three months following a formal placement for an adoptee that was under one year old at the time of the filing.

Release of Parental Rights or Consent for Adoption Purposes before an Adoption Attorney
HB 4646 (Shirkey), Passed: 98-10
Next: Sent to Governor for signature
HB 4646 would allow for a parent or guardian to release his/her parental rights or consent to a direct placement for purposes of adoption out-of-court before an adoption attorney or a child placing agency caseworker.

Technical Revisions to Elements of Arson
HB 4907 (Walsh), Passed: 107-1
HB 4908 (Walsh), Passed: 107-1
Next: Sent to Governor for signature
HB 4907 makes technical revisions to the elements of the crime of arson. HB 4908 is the sentencing guidelines companion bill.

Allowing Individuals to Use a Stamp or Mark for Signature of Election Documents
HB 4478 (Schor), Passed: 108-0
Next: Sent to Governor for signature
House Bill 4478 would allow individuals who cannot sign certain election documents because of a physical disability to use either a signature stamp or make a mark on the documents. The Michigan Election Law currently allows individuals who are unable to write their name to make a mark (X) when applying to register to vote and requires the registration card in such cases to note the month, day, and year of the applicant's birth and other identifying information for use in identifying the individual when applying to vote.

Designating a Portion of US-127 as the Tim Sanborn Memorial Highway
HB 4936 (Leonard), Passed: 108-0
Next: Sent to Senate for consideration
HB 4936 designates the portion of US-127 in Clinton County between Colony Road and M-57 as the Tim Sanborn Memorial Highway. As with all memorial bridges and highways under the Memorial Highway Act, signs designating the highway will not be placed until sufficient private funds have been raised for the installation and maintenance of the signs.

Designating the Bridge on US-2 as the Heath Michael Robinson Cut River Memorial Bridge
HB 4957 (Foster), Passed: 108-0
Next: Sent to Senate for consideration
HB 4957 designates the bridge on US-2 in Mackinac County over the Cut River as the “Heath Michael Robinson Cut River Memorial Bridge.” As with all memorial bridges and highways under the Memorial Highway Act, signs designating the highway or bridge will not be placed under sufficient private funds have been raised for the installation and maintenance of the signs.

Renaming “Michigan Heritage Routes” to the “Pure Michigan Byways”
HB 5072 (Pettalia), Passed: 105-3
Next: Sent to Senate for consideration
HB 5072 renames “Michigan Heritage Routes” to be “Pure Michigan Byways.” Under the bill, the Michigan Department of Transportation (MDOT) shall, within one year, designate as Pure Michigan Byways all routes that are designated as Michigan Heritage Routes on the date the bill is enacted into law.

Designating a Portion of US-10 as the Sheriff Robert Radden Memorial Highway
HB 4601 (Bumstead), Passed: 108-0
Next: Sent to Senate for consideration
HB 4601 designates a portion of US-10 in Lake County as the “Sheriff Robert Radden Memorial Highway.” As with all memorial bridges and highways under the Memorial Highway Act, signs designating the bridge or highway will not be placed until sufficient funds have been raised for the installation and maintenance of the signs.

Designating a Portion of M-116 as the Trooper Paul K. Butterfield Memorial Highway
HB 5257 (Franz), Passed: 108-0
Next: Sent to Senate for consideration
HB 5257 designates M-116 in Mason County as the “Trooper Paul K. Butterfield Memorial Highway.” As with all designations under the Memorial Highway Act, private contributions are required for the placement and maintenance of the signs marking the designation.

Designating a Portion of I-75 as the Tuskegee Airmen Memorial Highway
HB 5064 (RUTLEDGE), Passed: 108-0
Next: Sent to Senate for consideration
HB 5064 designates all of I-75 in the State of Michigan as the “Tuskegee Airmen Memorial Highway.” As with all designations under the Memorial Highway Act, private contributions are required for the placement and maintenance of signs marking the designation.

Extending the Statute of Limitations for Human Trafficking Offenses
HB 5240 (BANKS), Passed: 104-4
Next: Sent to Senate for consideration
HB 5240 extends the statute of limitations for human trafficking offenses.

Requiring Registration on the Sex Offender Registry for Individuals Convicted of Prostitution-Related Offenses
HB 5241 (KIVELA), Passed: 106-2
Next: Sent to Senate for consideration
HB 5241 would require registration on the Sex Offender Registry for individuals convicted of prostitution-related offenses.

Extension of Retroactive Use Tax Exemptions Related to Sale and Installation of Theater and Stadium Seating
SB 622 (Booher), Passed: 106-2
Next: Sent to Governor for signature
SB 622 extends an existing retroactive use tax exemption related to the sale and installation of theater and stadium seating and possible other items by Michigan manufacturers in other states back an additional tax year.

Elimination of the Requirement that a Land Contract Vendor Pay 18 Mills of School Operating Taxes on Foreclosed Property
HB 4135 (Foster), Passed: 85-23
Next: Sent to Senate for consideration
This bill eliminates the requirement that a land contract vendor, bank, credit union, or other lending institution that owns a property due to foreclosure pay an amount equal to the 18 mills of school operating taxes that would have been levied on the bank-owned property had it not retained a principal residence (homestead) exemption (PRE). This bill essentially treats a bank-owned property the same as a principal residence for tax purposes.


Friday, March 21, 2014

House of Representatives Week in Review: March 18th - March 20th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 18th through 20th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Changes to the Military Relief Fund
HB 4811 (Franz), Passed: 110-0
Next: Sent to Governor for signature
HB 4811 makes a number of changes to the Military Relief Fund that will increase access to the funds and further promote the availability of the funds.

Expanding the Grounds for Administrative Sanctions for Health Care Professionals
SB 575 (Schuitmaker), Passed: 110-0
SB 576 (Schuitmaker), Passed: 110-0
SB 577 (Schuitmaker), Passed: 109-1
SB 578 (Schuitmaker), Passed: 110-0
Next: Sent to Senate for reconsideration
SB 575 requires disciplinary subcommittee members to disclose potential conflicts of interest and recuse themselves from decision making when a conflict arises. SB 576 will create the Regulatory Boards and Commissions Ethics Act to establish conflict of interest standards and procedures for regulatory bodies in LARA. SB 577 adds areas that must be investigated by the disciplinary board if a licensed health care professional were to engage in certain activities. The bill also amends penalties and sanctions for violations. SB 578 outlines when a disciplinary subcommittee’s decision is final and subject to judicial review.

Revisions to Michigan’s Human Trafficking Statute
HB 5234 (Jenkins), Passed: 108-1
HB 5235 (HOVEY-WRIGHT), Passed: 108-1
Next: Sent to Senate for consideration
HBs 5234 and 5235 make various revisions and updates to Michigan’s Human Trafficking statute.

Amendment to a Statutory Reference to the Human Trafficking Chapter of the “Revised Judicature Act”
HB 5236 (McBroom), Passed: 110-0
Next: Sent to Senate for consideration
HB 5236 amends MCL 600.4701 of the “Revised Judicature Act” to amend a statutory reference to the Human Trafficking Chapter.

Amendment to a Reference to the Human Trafficking Law in the Crime Victim’s Rights Act
HB 5237 (CAVANAGH), Passed: 110-0
Next: Sent to Senate for consideration
HB 5237 amends a reference to the human trafficking law in the William Van Regenmorter Crime Victim’s Rights Act.

Requiring Individuals to Report Violations of the Human Trafficking Law
HB 5239 (Kurtz), Passed: 110-0
Next: Sent to Senate for consideration
HB 5239 would require individuals who are mandated by statute to report suspected child abuse or neglect to also report suspected violations of the human trafficking law.

Amending Regulations Concerning the Buying and Selling of Scrap Metal
HB 4593 (Muxlow), Passed: 98-12
Next: Sent to Conference Committee
HB 4593 amends regulations concerning the buying and selling of scrap metal, including amending the definition of scrap metal, requiring sellers to provide scrap metal dealers certain information at the time of purchases and the dealer to retain. The bill also requires that scrap metal dealers implement and maintain purchase records and make the records available for law enforcement purposes. The legislation also creates standards for how and when a scrap metal dealer may pay a seller, as well as a list of items a scrap metal dealer cannot purchase unless the seller has proper authorization. The bill also includes penalties for sellers and purchasers who buy or sell scrap metal that they know or should have known was stolen.

Increase in Judgeships in Macomb County
HB 5121 (Walsh), Passed: 104-6
Next: Sent to Governor for signature
HB 5121 increases the number of circuit judgeships in 16th Judicial Circuit by four judges.

Increase in Judgeships in Oakland County
HB 5122 (Kesto), Passed: 103-7
Next: Sent to Governor for signature
HB 5122 increases the number of circuit court judgeships in Oakland County by one.

Change in Judgeships in Certain Circuit Courts
HB 5123 (Cotter), Passed: 61-49
Next: Sent to Governor for signature
HB 5123 increases the number of judgeships in the 17th circuit (Kent County) by one. It also eliminates one judge in the 5th circuit (Berrien County), 25th District (Cities of Ecorse, Lincoln Park, and River Rouge). It also consolidates the 28th District and the 33rd District Courts.

Consolidation in Judgeships in Certain Judicial Circuit Courts
HB 5124 (Leonard), Passed: 61-48
Next: Sent to Governor for signature
HB 5124 consolidates four judges in the 3rd Judicial Circuit (Wayne County).

Elimination and Consolidation of Judges in Certain District Courts
HB 5125 (Heise), Passed: 72-38
Next: Sent to Governor for signature
HB 5125 adds judges to the 63rd District (Kent County) and consolidates/eliminates judges from the 67th and 68th District Courts (Genesee County) and eliminates one judge from the 70th District (Saginaw County).

Expansion of Condemnation Authority for Pipelines Carrying CO2
HB 5255 (STALLWORTH), Passed: 67-43
Next: Sent to Senate for consideration
HB 5255 would expand condemnation authority for pipelines carrying CO2 for the purposes of enhanced oil recovery.

Addition of Carbon Dioxide and Enhanced Recovery Operation Terms
HB 5274 (Pettalia), Passed: 96-14
Next: Sent to Governor for signature
HB 5274 is a bill to add the carbon dioxide and enhanced recovery operation terms found in House Bill 5254 to the rest of 1929 PA 16.

Reduction of the Severance Tax on Oil and Gas from “Enhanced Recovery Methods”
HB 4885 (Nesbitt), Passed: 82-28
Next: Sent to Senate for consideration
HB 4885 is a bill to reduce the severance tax on oil and gas produced by “enhanced recovery methods.”

Revision of the Licensing and License Renewal Process for Real Estate Brokers
SB 641 (Kowall), Passed: 110-0
Next: Sent to Senate for reconsideration
SB 641 revises the licensing and license renewal process for real estate brokers, associate real estate brokers, and real estate salespersons.

Amending Licensing Requirements for Barbers
HB 5396 (LaFontaine), Passed: 103-7
Next: Sent to Senate for consideration
SB 612 will amend the licensing requirements for barbers, including barbers applying for license from out-of-state, out-of-jurisdiction, or from another country.

Addition of a New Section to the Mental Health Code
HB 5332 (Lori), Passed: 110-0
Next: Sent to Senate for consideration
HB 5332 adds a new section to the Mental Health Code by requiring that the Department of Community Health (Department) shall establish a uniform substance use disorder credentialing program for state departments or agencies.

Allowing Renegotiation of a Loan from the Clean Michigan Initiative Bond Fund
SB 719 (Booher), Passed: 103-7
Next: Sent to Senate for reconsideration
SB 719 is a bill to allow the terms of an outstanding loan from the Clean Michigan Initiative Bond Fund to be renegotiated upon a demonstration of financial hardship by the loan recipient.

Amendments to the Uniform Commercial Code
HB 5119 (VerHeulen), Passed: 110-0
Next: Sent to Senate for consideration
HB 5119 would make various amendments to Article 4a of the Uniform Commercial Code (UCC) to apply it to a remittance transfer and provide that if there were an inconsistency between the article and the Electronic Fund Transfer Act, supremacy clause would apply and the Act would govern.

Removal of References to “Mentally Retarded” In Legislation
SB 805 (WARREN), Passed: 110-0
SB 806 (Caswell), Passed: 110-0
SB 807 (ANANICH), Passed: 110-0
SB 808 (Jones), Passed: 110-0
SB 809 (Jansen), Passed: 110-0
SB 810 (JOHNSON), Passed: 110-0
SB 811 (Moolenar), Passed: 110-0
Next: Sent to Governor for signature
The bills remove references to “mentally retarded” and replace them with terms deemed more appropriate.

Expansion of the Education Achievement Authority
HB 4369 (Lyons), Passed: 56-54
Next: Sent to Senate for reconsideration
HB 4369 establishes the right for entities functioning as a State School Reform/Redesign District to borrow money and issue notes on a short term basis, only for school operations, and in limited amounts.

Implementing a Formula to Determine the Total Cost of a FOIA Request
HB 4001 (Shirkey), Passed: 102-8
Next: Sent to Senate for consideration
HB 4001 amends the Freedom of Information Act (FOIA) to implement a formula to determine the total cost of a FOIA request, put a cap on the cost of paper copies related to FOIA requests, expand the reduced rate for FOIA requests to certain nonprofit organizations, and allow an individual to appeal to the public body or the circuit court if he or she has a good-faith belief that the fee is unreasonable.

Proposal for a Balanced Budget Amendment to the U.S. Constitution
SJR V (Challenge of the Chair’s Decision), Passed: 59-51
SJR V (Appeal of the Chair’s Decision), Passed: 59-51
SJR V (Green), Passed: 77-32
Next: Sent to Senate for consideration
Senate Joint Resolution V (Green) urge Congress to call a convention for the purposes of proposing a balanced budget amendment to the United States Constitution.

Appointment of Delegates to an Article V Convention
HB 5380 (Franz), Passed: 62-47
Next: Sent to Senate for consideration

HB 5380 provides for the appointment of delegates to an Article V convention for proposing amendments to the United States Constitution.

Thursday, March 13, 2014

House of Representatives Week in Review: March 11th - March 13th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 11th through 13th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Awarding High School Diplomas to Certain Vietnam Veterans
SB 389 (Emmons), Passed: 110-0
Next: Sent to Governor for signature
SB 389 would permit school boards to award high school diplomas to certain Vietnam era veterans.

Requirement of Community Service Options for FIP Recipients
SB 276 (Hune), Passed: 91-19
Next: Sent to Governor for signature
SB 276 adds community service to options, in which a Family Independence Program (FIP) recipient may have to participate in order to receive benefits.

Revising Procedures for Discontinuing Basic Local Exchange
SB 636 (Nofs), Passed: 71-39
Next: Sent to Governor for signature
SB 636 would amend the Michigan Telecommunications Act to revise the procedures for the discontinuance of basic local exchange or toll service (after December 31, 2016). The bill would also make changes to the dates in which the Michigan Intrastate Switched Toll Access Restructuring Mechanism (ARM) is recalculated. Furthermore, the bill would eliminate a requirement that operator and payphone service providers renew their registration annually and pay an annual renewal fee.

Setting Circumstances for Security Officers at Nuclear Generating Facilities
HB 5282 (Pscholka), Passed: 102-6
Next: Sent to Senate for consideration
HB 5282 sets forth the circumstances under which security officers at nuclear generating facilities could use and threaten to use physical force (including deadly force) against an individual. The bill also includes a civil immunity clause for security officers (and their employers and owners/operators of a facility) for acting lawfully under the bill.

Exemption of Over-the-Counter Drugs from Use Taxes
HB 5342 (Lyons), Passed: 107-1
Next: Sent to Senate for consideration
HB 5342 would exempt over-the-counter drugs issued pursuant to a prescription from use taxes.

Revisions to the Liquor Control Code
SB 329 (Hildenbrand), Passed: 103-5
SB 504 (Hune), Passed: 108-0
SB 505 (Hune), Passed: 103-5
SB 506 (Hune), Passed: 107-1
SB 507 (Hune), Passed: 107-1
SB 650 (Hune), Passed: 105-3
Next: Sent to Senate for reconsideration
Senate Bill 504 (H-1) (Hune) severs any provision of the Liquor Control Code (Code) that is found to be unconstitutional, without any effect on the remaining sections of the Code. Senate Bill 505 (H-6) (Hune) allows manufacturers, sellers, and distributors of alcohol to give another licensee advertising items that promote brands and prices of alcohol, under certain circumstances. Senate Bill 506 (H-2) (Hune) makes changes to who pays the per-barrel beer tax levied against the brewer. Senate Bill 507 (H-2) (Hune) would amend how the taxes are paid and levied against wine and mixed spirit drink manufacturers and wholesalers. Senate Bill 650 (H-1) (Hune) allows a qualified micro brewer, or an out-of-state entity that is substantially the equivalent, to sell and deliver beer to a retailer in Michigan if certain conditions are met. SB 329 adds wine maker, distiller, and brandy manufacturer to the provision regarding the acquisition, sale, development, operation, or promotion of real property under certain circumstances.

“Automatic Enrollment” Option for Public Employers’ Retirement Plans
HB 4964 (Walsh), Passed: 106-2
Next: Sent to Senate for consideration
HB 4964 creates an “automatic enrollment” option for public employers for retirement plans for their employees.

FY 2014-2015 Multi-Departmental Supplemental
SB 608 (Haveman), Passed: 106-2
Next: Sent to Governor for signature
Senate Bill 608 (CR-1) (Kahn) is a multi-department supplemental that predominantly makes necessary changes associated with the delay in implementation of Healthy Michigan (Medicaid Expansion) and provides funding for necessary road projects, among other changes. The Conference Report represents a compromise between the two Chambers.

Increase of Barrel Threshold for Microbrewers
HB 4709 (Cotter), Passed: 106-3
HB 4710 (MacGregor), Passed: 106-3
HB 4711 (SCHOR), Passed: 106-3
Next: Sent to Governor for signature
HB 4709 (Cotter) increases the barrel threshold a micro brewer can produce from 30,000 to 60,000 barrels per year. HB 4710 (MacGregor) increases the number of other brewpubs a single brewpub can have an interest in. HB 4710 also increases the number of barrels that can be produced by the combined brewpubs from 5,000 to 18,000 barrels of beer per year. HB 4711 (Schor) allows brewers to sell beer for on-premises consumption at up to two locations where the brewer engages in the production of beer.

Mandate that Disclosure of Firearm Records Be Made According to a Statutorily Prescribed Protocol
HB 4155 (Nesbitt), Passed: 81-28
Next: Sent to Senate for consideration
HB 4155 amends Michigan’s gun licensure law to mandate that access to and disclosure of firearm records only be made according to a statutorily prescribed protocol.

Exemption of Gun Records from FOIA
HB 5324 (Jenkins), Passed: 88-21
HB 5325 (Crawford), Passed: 89-20
HB 5326 (McBroom), Passed: 87-22
HB 5327 (Rendon), Passed: 82-27
HB 5328 (Cotter), Passed: 89-20
Collectively, these bills amend several sections of Michigan’s gun licensure law to exempt certain information from disclosure under the Freedom of Information Act (FOIA). HB 5327 limits law enforcement’s access to firearms records.

Revision of the Prohibition on Shotguns and Rifles
SB 610 (GREEN), Passed: 103-6
Next: Sent to Senate for reconsideration
SB 610 revises the general prohibition on manufacturing, selling, offering for sale, or possessing short-barreled shotguns or short-barreled rifles.

Definition of “Brandish” in Michigan Penal Code
HB 5091 (Johnson), Passed: 104-5
HB 5092 (DILLON), Passed: 105-4
Next: Sent to Senate for consideration
HB 5092 defines “brandish” in the Michigan Penal Code. HB 5091 exempts from criminal penalties an individual.

Revision of Restriction that Requires Minors Who Shoot a Pistol Be Under supervision of an Adult
HB 5085 (Potvin), Passed: 107-2
Next: Sent to Senate for consideration
HB 5085 would revise the restriction that requires minors shooting a pistol to do so only under the supervision of a parent or guardian, so as to allow this supervision to be provided by an adult age 21 or older who has successfully completed a pistol safety training course that meets the requirements of the state’s concealed pistol law.



Friday, March 7, 2014

House of Representatives Week in Review: March 4th - 6th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 4th through 6th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Allowing Municipalities to Enter into Agreements with the Treasurer of a County for Tax Collection Purposes
HB 5160 (Price), Passed: 109-0
Next: Sent to Senate for consideration
HB 5160 specifically allows a city, village, or township to enter into agreements with the treasurer of a county in which it is located to have the county treasurer administer some or all of the municipality’s tax collection functions.

FY 2013-2014 Supplemental for Healthy Michigan
SB 608 (Kahn), Passed: 65-44
Next: Sent to Senate for reconsideration
SB 608 is a multi-department supplemental that predominantly makes necessary changes associated with the delay in implementation of Healthy Michigan (Medicaid Expansion) and provides funding for necessary road projects, among other changes. The supplemental reduces gross appropriations by a total of $130,178,100, and increases GF/GP funding by $193,401,500.

Clarification of the Creation of Separate Legal Entities May be Created by Interlocal Agreements
SB 437 (Nofs), Passed: 108-2
Next: Sent to Governor for signature
SB 437 clarifies under what circumstances separate legal entities may be created by interlocal agreements. The separate legal entity may be created only if the interlocal agreement expressly provides for its creation. The bill also deletes references to an “administrative” entity throughout.

Removal of References to “Mentally Retarded” from State Laws
HB 5345 (Lori), Passed: 110-0
HB 5346 (CAVANAGH), Passed: 110-0
HB 5347 (Haines), Passed: 110-0
HB 5348 (Leonard), Passed: 110-0
HB 5349 (Cotter), Passed: 110-0
HB 5350 (COCHRAN), Passed: 110-0
HB 5351 (KNEZEK), Passed: 110-0
HB 5352 (Somerville), Passed: 110-0
Next: Sent to Senate for consideration
The bills remove references to “mentally retarted” and replace the term with “developmentally disabled” or “intellectually disabled”.

Requiring the Development of a Uniform Medical Release Form
HB 5136 (Lori), Passed: 110-0
Next: Sent to Senate for consideration
HB 5136 amends the Mental Health Code to require the Department of Community Health to develop a uniform medical release form.

Fiscal Year 2013-2014 School Aid Supplemental
HB 4295 (Haveman), Passed: 107-3
Next: Sent to Senate for consideration
HB 4295 is a FY 13-14 school aid supplemental, predominantly making necessary cost adjustments associated with pupil counts, special education costs, and taxable value changes. However, the bill also makes grants for dissolved district transitions as well as provides for a contract for health and nutrition education software. The gross appropriations is a $46,612,500 reduction from current year-to-date appropriations.

Extension of Sales and Use Tax Exemptions for the Cobo Center in Detroit
SB 711 (Marleau), Passed: 100-10
SB 735 (Marleau), Passed: 100-10
Next: Sent to Governor for signature
SBs 711 and 735 extend, respectively, sales and use tax exemptions related to tangible personal property used in the construction or renovation of the Cobo Center in Detroit. Under current law, these exemptions expired on December 31, 2013. The bills extend the sunset for these exemptions to December 31, 2015.

Allowing a Purchaser of a Property at a Sheriff’s Sale to Periodically Inspect the Property during the Redemption Period
HB 5277 (Callton), Passed: 107-3
Next: Sent to Senate for consideration

House Bill 5277 would amend Public Act 104 of 2013, which allowed the purchaser of a property at a sheriff's sale to periodically inspect the property during the redemption period and to sue for possession if the homeowner damaged the property, to provide for an unlimited amount of exterior inspections, an initial interior inspection and to allow the purchaser to request that the mortgagor provide information on or evidence of the condition of the interior of the property (which could take the place of subsequent interior inspections if certain conditions are met). The bill caps the number of information requests (unless certain conditions exist), requires information to be sent to the mortgagor, including the contact information of the purchaser, and includes notice requirements. The bill repeal certain provisions on the act and creates rebuttal presumptions as to when the mortgagor is and is not liable for damage.

Friday, February 28, 2014

House of Representatives Week in Review: February 25th - 27th


Hello Friends,


Below please find an update on legislation passed by the House of Representatives this week (February 18th through 20th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative

68th District

Revision of Procedure for Preliminary Examinations in Criminal Cases and Establishment of a “Probable Cause Conference”
HB 5155 (Walsh), Passed: 110-0
Next: Sent to Senate for consideration
HB 5155 would revise the procedure for preliminary examinations in criminal cases and establish in statue a “probably cause conference,” which is already in practice in many jurisdictions throughout Michigan.

Allowing the City of Lansing to Issue Negotiable Bonds to Refund Other Refunding Bonds
SB 629 (Jones), Passed: 110-0
SB 630 (Jones), Passed: 110-0
Next: Sent to Senate for reconsideration
SBs 629 and 630 amend the state’s local building authority statute and the Tax Increment Financing Act to: (1) Allow, in one specific case related to the City of Lansing, a local building authority to issue negotiable bonds to refund other refunding bonds (i.e., issue new bonds to pay off bonds that were issued to refinance an original bond that financed authority projects); (2) Provide that if the refunding bonds are issued before December 31, 2019, they would be exempt from certain provisions of the Revised Municipal Finance Act as under current law and, in addition, exempt from another provision that sets forth conditions and procedures for a municipality to issue a refunding security; (3) Amend the definition of “qualified refunding obligation” under the Tax Increment Financing Act to facilitate the above provisions.


Allowing Copies of a Lost or Destroyed Mortgage to be Effective
HB 4638 (Pettalia), Passed: 106-4
HB 4639 (LANE), Passed: 106-4
HB 4640 (Pettalia), Passed: 106-4
Next: Sent to Senate for consideration
HB 4638, HB 4639 and HB 4640 would allow, in the case of an unrecorded, lost or destroyed mortgage, an affidavit and a copy of the original document to be recorded and have these documents be effective.

Additional Transparency for Michigan’s Audit Procedures
HB 4291 (Farrington), Passed: 108-0
Next: Sent to Senate for consideration
HB 4291 provides additional transparency to Michigan’s audit procedures by requiring Treasury to provide a complete copy of a taxpayer’s audit to the audited taxpayer upon request.

Repealing the Ban on Scalping of Tickets for Sporting and Entertainment Events
HB 5108 (Kelly), Passed: 66-42
Next: Sent to Senate for consideration
HB 5108 amends the Michigan Penal Code to repeal the ban on the scalping of tickets for sporting and entertainment events.

Requiring Individuals with Lottery Winnings of $1,000 or more to repay any Debt to DHS
HB 4855 (Kurtz), Passed: 107-1
Next: Sent to Senate for consideration
HB 4855 requires individuals with lottery winnings of $1,000 or more to repay any outstanding debt to the Department of Human Services (DHS).

Creation of Requirements for the Children’s Ombudsman Office
HB 5039 (Kurtz), Passed: 108-0
Next: Sent to Senate for consideration
HB 5039 will create requirements for the Children’s Ombudsman Office in regards to child fatality investigations linked to child abuse or child neglect.

Friday, February 21, 2014

House of Representatives Week in Review: February 18th - 20th


Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (February 18th through 20th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Clarification that Certain Intercompany Transactions are eliminated for Determining Exemptions
HB 5009 (Farrington), Passed: 107-1
Next: Sent to Governor for signature
HB 5009 clarifies that certain intercompany transactions are eliminated for purposes of determining exemptions, credits, and the filing threshold under Corporate Income Tax provisions.

Creation of the “Infant Safe Sleep Act”
HB 4962 (Haines), Passed: 105-3
Next: Sent to Senate for consideration
HB 4962 amends the Public Health Code to create the “Infant Safe Sleep Act.”


Extension of the Saginaw Renaissance Zone
SB 553 (Kahn), Passed: 87-21
Next: Sent to Governor for signature
SB 553 would extend the Saginaw Renaissance Zone.

Amendment to the Downtown Development Authority Act to Allow Certain Revenues to be used for the Agricultural Industry
HB 4487 (OAKES), Passed: 81-27
Next: Sent to Senate for consideration
HB 4487 amends the Downtown Development Authority Act to allow certain revenues to be used for the agricultural industry. Current law prescribes the allowable actions of the Downtown Development Authority (DDA) Board. For example, the DDA board may study and analyze the impact metropolitan grown has on the downtown district; implement any development plan necessary to achieve the Act’s goals; enter into contracts necessary to exercise its powers; lease any building under the Authority’s control; create, operate, and fund marketing initiatives benefitting only retail and general marketing; create, operate and fund loan programs to fund improvements for existing buildings and create, operate, and fund retail business incubators in the downtown district. 

Exemption of Helmet Requirement when Property Owner is Operating an ORV on their Land
HB 5191 (Rendon), Passed: 99-9
Next: Sent to Senate for consideration
HB 5191 is a bill which would create an exemption to the helmet requirement when the property owner is operating an ORV on their own land.

Limiting the Amount of Temporary Motorcycle Instruction Permits
HB 4781 (Jacobsen), Passed: 108-0
Next: Sent to Senate for consideration
HB 4781 prohibits the Secretary of State from issuing more than 2 motorcycle temporary instruction permits to an individual in a 10-year period, beginning January 1, 2015.

Elimination of Requirement that MDOT Sell or Lease Specific Rail Lines
SB 263 (Caswell), Passed: 108-0
Next: Sent to Governor for signature
SB 263 eliminates language in the State Transportation Preservation Act that encourages the Michigan Department of Transportation (MDOT) to sell or lease specific rail lines currently owned by the State and further eliminates several requirements pertaining to the process under which the department may sell or lease these rail lines.

Waiver of Requirement that a License Plate Be Displayed on a “Historic Military Vehicle”
SB 463 (Caswell), Passed: 108-0
Next: Sent to Governor for signature
SB 463 waives the requirement that a registration plate be displayed on a vehicle for a “historic military vehicle.”

Definition of “Diverted Waste”
HB 5005 (LaFontaine), Passed: 110-0
Next: Sent to Governor for Signature
HB 5005 amends the Natural Resources and Environmental Protection Act to define ‘diverted waste’ and ‘waste diversion center’.

Allowing the DNR to Convey the Rogue River Streambank Access for $1.00
HB 5141 (MacGregor), Passed: 110-0
Next: Sent to Senate for consideration
HB 5141 would allow the Department of Natural Resources (DNR) to convey to Kent County the Rogue River Streambank Access for $1.00.

Granting the use of General Fund/General Purpose funds for Mental Health Services for County Jail Inmates
SB 557 (Schuitmaker), Passed: 110-0
Next: Sent to Senate for consideration
SB 557 amends the Mental Health Code to prohibit the Department of Community Health from prohibiting the use of state General Fund/General Purpose funds for mental health services provided to county jail inmates. Specifically, if a Community Mental Health Services Program (CMHSP) has entered into an agreement with the county or the county sheriff to provide mental health services to the jail inmates, DCH may not prohibit the CMHSP from using state GF/GP to provide these services.

Requiring that Each County have A Written Interagency Agreement to Provide Mental Health Treatment for Individuals at Risk for being incarcerated
SB 558 (Schuitmaker), Passed: 110-0
Next: Sent to Senate for reconsideration
SB 558 requires each county to have a written interagency agreement to provide mental health treatment and assistance to certain individuals at risk for being incarcerated or not receiving treatment while incarcerated or upon discharge.

Date Change for When an Election Must Take Place for a Vacant Local Office
HB 5152 (Lyons), Passed: 109-0
Next: Sent to Senate for consideration
HB 5152 would amend the Michigan Election Law to change the date when an election must take place in order to fill a vacant local office. This bill is necessary because of a conflict created by a change made to the Michigan Election Law in 2012. House Bill 5152 would also amend the law to exempt a registered voter’s social security number from a Freedom of Information Act request.

Requirement of Disclosure on Issue Advertisements
HB 5222 (Forlini), Passed: 109-0
Next: Sent to Senate for consideration
HB 5222 would amend the Michigan Campaign Finance Act to require disclosure on issue advertisements 60 days prior to a primary, and that disclosure requirement would continue through that primary’s election. This change would apply to ALL elections, not just an August and November election.

Revision of Procedure for Preliminary Examinations in Criminal Cases and Establishment of a
“Probable Cause Conference”
HB 5154 (Leonard), Passed: 110-0
Next: Sent to Senate for consideration
HB 5154 would revise the procedure for preliminary examinations in criminal cases and establish in statue a “probably cause conference,” which is already in practice in many jurisdictions throughout Michigan.