Friday, September 9, 2016

The following is a summary of legislation that passed the House 9.5.16-9.9.16. Feel free to contact me with any questions or if you need additional information (517-373-0826).

Revisions to the Michigan Commission on Law Enforcement Standards Act (MCOLES)
SB 93 (S-1) (Schuitmaker) RC 441, 9/7/16 Passed 106-0
SB 92 (H-1) (Schuitmaker) RC 442, 9/7/16 Passed 106-0
SB 94 (H-2) (Schuitmaker) RC 443, 9/7/16 Passed 105-1
SB 95 (S-1) (O'Brien) RC 444, 9/7/16 Passed 106-0
SB 96 (S-1) (O'Brien) RC 445, 9/7/16 Passed 106-0
Next: Return to the Senate
Committee: Judiciary
Description:
SB 93 (S-1) (Schuitmaker) would make revisions to the Michigan Justice Training Commission Act.          
SB 92 (H-1) (Schuitmaker) would make revisions to the Michigan Law Enforcement Standards Act to codify the Michigan Commission on Law Enforcement Standards (MCOLES), which was established by executive order, and require the organization to set rules governing licensing standards for law enforcement officers.
SB 94 (H-2) (Schuitmaker) would require that nonpublic records of deferral and dismissals in drug-related cases, which are subject to limited disclosure, be made available to MCOLES under certain conditions.
SB 95 (S-1) (O'Brien) is a technical bill to amend “Revised Judicature Act of 1961,” 1961 PA 236, to update the statutory citations.
SB 96 (S-1) (O'Brien) would amend the “Code of Criminal Procedure,” 1927 PA 175, to add the word “Michigan” before “Commission on Law Enforcement Standards” and “Michigan Commission on Law Enforcement Standards Act.”

Revisions to the Michigan Commission on Law Enforcement Standards Act (MCOLES) [Continued]
SB 866 (Schuitmaker) RC 446, 9/8/16 Passed 107-0
SB 867 (Schuitmaker) RC 447, 9/8/16 Passed 107-0
SB 868 (Jones) RC 448, 9/8/16 Passed 107-0
SB 869 (Jones) RC 449, 9/8/16 Passed 107-0
Next: Return to the Senate
Committee: Judiciary
Description:
SB 866 (Schuitmaker) would amend several sections of the “Natural Resources and Environmental Protection Act (NREPA)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act.
SB 867 (Schuitmaker) would amend MCL 390.1242 of the “Police Officer's and Fire Fighter's Survivor Tuition Grant Act (1996 PA 195)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act.
SB 868 (Jones) would amend MCL 600.2950 and MCL 600.2950a of the “Revised Judicature Act” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act.

SB 869 (Jones) would amend MCL 750.528a of the “Michigan Penal Code” to update the statutory reference for the Michigan Commission on Law Enforcement Standards Act.

Friday, June 10, 2016

The following is a summary of legislation that passed the House 6.6.16-6.10.16. Feel free to contact me with any questions or if you need additional information (517-373-0826).

Creating a Misdemeanor Penalty for Unauthorized Individuals Who Remove Dog Collars from Hunting Dogs
HB 5215 (H-2) (Cole) RC 397, 6/7/16 Passed 79-29
Next: Sent to the Senate
Committee: Natural Resources
Description:
HB 5215 (Cole) would make it a misdemeanor for an individual, other than the owner or authorized agent of the owner of a dog, to remove a collar from that dog.

Extend the Sunset for the Obsolete Property Rehabilitation Act on Abatements to 2026
SB 673 (Horn) RC 398, 6/7/16 Passed 94-14
Next: Return to the Senate
Committee: Tax Policy
Description:
SB 673 (Horn) extends the sunset for granting new property tax incentives under the Obsolete Property Rehabilitation Act from December 31, 2016 to December 31, 2026.

Amending Horse Racing Law
SB 504 (H-4) (Robertson) RC 399, 6/7/16 Passed 104-4
SB 505 (H-1) (Robertson) RC 400, 6/7/16 Passed 104-4
Next: Return to the Senate
Committee: Agriculture
Description:
SB 504 (H-3) (Robertson) would eliminate subsidization and bring a more market-based approach to the Act by allowing revenue to be "site specific" as opposed to "pooled". This gets government out of the way and allows the two entities a track and certified horseman's organization to negotiate the business terms that will allow both to prosper. It modernizes the Advanced Deposit Wagering (ADW). They can be placed from a smart phone or iPad. Allowing these funds to be reinvested in both track infrastructure and race purses.
SB 505 (Robertson) Criminal procedure; sentencing guidelines; sentencing guidelines for accepting wagers on live or simulcast horse races without a license; enact.
                         
Prohibit State Agencies from Adopting Administrative Rules that are More Stringent than the Federal Government
HB 5613 (Cole) RC 401, 6/7/16 Passed 61-47
Next: Sent to the Senate
Committee: Regulatory Reform
Description:  
HB 5613 (Cole) prohibits state agencies from promulgating rules that are more stringent than the federal standard or than is federally mandated unless certain circumstances apply.

Including Fire Service Representatives to Membership to the State Construction Commission
HB 5102 (H-1) (Glenn) RC 402, 6/7/16 Passed 108-0
Next: Sent to the Senate
Committee: Regulatory Reform
Description:
HB 5102 (H-1) (Glenn) requires that if the state fire marshal appoints a designee to the commission that designee must be a certified fire protection specialist by the National Fire Protection Association.

Revising Sinking Fund Millages
HB 4388 (H-3) (McCready) RC 403, 6/8/16 Passed 107-1
Next: Sent to the Senate
Committee: Appropriations
Description:
HB 4388 (H-3) (McCready) amends the Revised School Code expanding what schools may use sinking fund tax levies from just purchasing property and construction and repair of school buildings to include purchase of security improvements and technology upgrades, while lowering the maximum amount allowed to be leveraged from 5 to 3 mills and shortening the period the mills can be collected from 20 to 10 years.

Repealing Insurance Company Tax Credit for Amounts Paid to the Michigan Automobile Insurance Placement Facility for Assigned Claims
HB 5457 (H-1) (Bumstead) RC 404, 6/8/16 Passed 80-28
HB 5458 (H-1) (Poleski) RC 405, 6/8/16 Passed 80-28
Next: Presentation to the Governor
Committee: Government Operations
Description:
HB 5457 and HB 5458 amend the Michigan Business Tax Act and the Income Tax Act, respectively, to prohibit an insurance company from including in the calculation of a tax credit, amounts paid to the Michigan Automobile Insurance Placement Facility that are attributable to the Assigned Claims Plan in the Insurance Code. The Senate amended both bills to allow an insurance company to include 35% of the amounts paid that are attributable to the Assigned Claims Plan in the credit calculation for tax year 2016 only.

Making Seed Testing Laboratory Maintenance Updates Optional
HB 5392 (H-1) (Poleski) RC 406, 6/8/16 Passed 89-19
Next: Presentation to the Governor
Committee: Agriculture and Rural Development
Description:
HB 5392 (B. Roberts) would amend the Michigan Seed Law (1965 Public Act 329) to make maintaining a seed testing laboratory and facilities optional as well as update other sections of the bill that allow the Department of Agriculture and Rural Development (MDARD) to promulgate rules to carry out its duties under the Act. The senate added back in the language allowing the Department to establish inspection fees to enforce the act.

Revision of 4th Degree Vulnerable Adult Abuse
HB 5422 (CHIRKUN) RC 407, 6/8/16 Passed 105-3
Next: Sent to the Senate
Committee: Criminal Justice
Description:
HB 5422 (CHIRKUN) would revise the elements of the criminal offense fourth-degree (4th degree) vulnerable adult abuse. The bill would penalize a caregiver, or other person with authority, over the vulnerable adult who knowingly or intentionally commits an act that, under the circumstances, poses an unreasonable risk of harm or injury to a vulnerable adult, regardless of whether physical harm results. Under current law, in order to trigger a criminal penalty for 4th degree vulnerable adult abuse, the act must result in physical harm.

Establishing Findings for the Michigan Tax Tribunal in Property Value Disputes
HB 5578 (H-2) (Maturen) RC 408, 6/8/16 Passed 97-11
Next: Sent to the Senate
Committee: Tax Policy
Description:
HB 5578 (H-2) (Maturen) establishes specific findings that the Michigan Tax Tribunal shall independently make in property value disputes to determine the true cash value of a specific property for property tax purposes, excluding disputes regarding residential property or before the small claims division of the tribunal.

Establishing Penalties for Filing a False Reporting of a Public Threat
SB 976 (Nofs) RC 409, 6/8/16 Passed 104-4
Next: Return to the Senate
Committee: Communications and Technology
Description:  
SB 976 (Nofs) Senate version of HB 5449 (HOADLEY), creates penalties for filing a false report under the new "Public Threat Alert System Act."

Extending the Deadline for Requiring Service Users to Install Location Identification Technology for 9-1-1 Call Systems
SB 878 (Shirkey) RC 410, 6/8/16 Passed 107-1
Next: Return to the Senate
Committee: Communications and Technology
Description:  
SB 878 (Shirkey) amend the Emergency 9-1-1 Service Enabling Act to extend the deadline for a service user to install equipment necessary to provide specific location information.

Increasing the Cap on Disaster and Emergency Contingency Fund
SB 914 (Nofs) RC 411, 6/8/16 Passed 107-1
Next: Return to the Senate
Committee: Appropriations
Description:  
SB 914 (Nofs) The bill amends the Emergency Management Act by increasing the maximum appropriations cap in the state’s Disaster and Emergency Contingency Fund from $4.5M to $10.0M.

Creating the Michigan Infrastructure Fund in the Department of Treasury
SB 883 (Hildenbrand) RC 412, 6/8/16 Passed 108-0
Next: Return to the Senate
Committee: Appropriations
Description:  
SB 883 (Hildenbrand) amend the Management and Budget Act to create the "Michigan Infrastructure Fund" within the Department of Treasury.

Omnibus Budget Appropriations for FY 2017
HB 5294 (Pscholka) RC 413, 6/8/16 Passed 71-37
Next: Return to the Senate
Committee: Appropriations
Description:
HB 5294 (Pscholka) Establishes omnibus budget appropriations for Fiscal Year 2017. Budgets for the Departments of Agriculture and Rural Development, Corrections, Education, Environmental Quality, Health and Human Services, Insurance and Financial Services, Military and Veterans Affairs, Natural Resources, State Police, and Transportation. Also included are General Government appropriations and funding for the Judiciary.

Creating the Office of the Michigan Veteran’s Facility Ombudsman
SB 809 (MacGregor) RC 414, 6/8/16 Passed 108-0
Next: Return to the Senate
Committee: Appropriations              
 414thin cities and villages.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               
Description:  
SB 809 (MacGregor) would create the office of the Michigan Veterans’ Facility Ombudsman in the Legislative Council as well as with prescribe the duties and powers of the office

Omnibus Education Budget
SB 801 (Hildenbrand) RC 415, 6/8/16 Passed 74-34
Next: Return to the Senate
Committee: Appropriations
Description:
SB 801 (Hildenbrand) Appropriations; zero budget; fiscal year 2016-2017 omnibus appropriations for school aid, higher education, and community colleges; provide for.

Moving Forestland from the Commercial Forest Program to the Qualified Forest Program
SB 651 (Booher) RC 416, 6/8/16 Passed 104-4
SB 652 (Booher) RC 417, 6/8/16 Passed 104-4
SB 653 (Casperson) RC 418, 6/8/16 Passed 103-5
Next: Return to the Senate
Committee: Tax Policy
Description:  
SB 651 (S-2) creates the "Transitional Qualified Forest Property Specific Tax Act" to establish procedures under which commercial forest property (which is exempt from ad valorem property taxes and taxed at $1.25 per acre) could be determined to be "transitional qualified forest property," which would be exempt from ad valorem property taxes but taxed over a five-year phase-in period as qualified forest property (which is exempt from local school operating taxes and subject to a two-mill annual fee).
SB 652 (S-1) amends the General Property Tax Act to do the following: Exempt transitional qualified forest property from the collection of ad valorem property taxes for up to five years. Exempt transitional qualified forest property from the collection of local school operating taxes if it were subject to the transitional qualified forest property specific tax for five years and remained eligible for exemption. Provide that transitional qualified forest property will not be credited against the statewide acreage limit on exempt qualified forest property.
SB 653 (S-2) amends Commercial Forest Program provisions in the Natural Resources and Environmental Protection Act, as follows: Until September 1, 2021, allow the owner of forestland located within a township and classified as commercial forest as of September 1, 2016, to withdraw a maximum of 160 acres of the land without a withdrawal penalty if the land is approved to be classified as transitional qualified forest property under SB 651. The owner must have continuously owned the commercial forestland since not later than September 1, 2016. Any of the owner’s remaining forestland within that township must continue to qualify as commercial forest, or, subject to penalty, must be withdrawn from the CF Program. Within 30 days after the bill takes effect, require the Department of Natural Resources and MDARD to establish, in writing, a basis of interdepartmental cooperation when a forestland owner sought to withdraw commercial forestland without penalty as allowed under the bill.

Detroit Public Schools Package
HB 5383 (Price) RC 419, 6/2/16 Passed 57-51
HB 5384 (H-1) (Garcia) RC 420, 6/2/16 Passed 55-54
Next: Presentation to the Governor
Committee: Appropriations
Description:  
HB 5383 (Price) would create the Community District Education Trust fund to receive state funds and other assets which are to be passed to the newly created Community District.
HB 5384 (H-1) (Garcia) would amend the Revised School Code to create a new “community district” to function as a school district in Detroit, while maintaining Detroit Public Schools as a financial shell until the current debt is paid off. The bill includes an appropriation of $250,000.

Shifting funds from the Transportation Economic Development Fund (TEDF) to the State Trunkline Fund and the State Aeronautics Fund
HB 4440 (Canfield) RC 421, 6/9/16 Passed 88-20
Next: Return to the Senate
Committee: Appropriations
Description:  
HB 4440 (Canfield) The bill provides special appropriations to the Transportation Economic Development Fund (TEDF).

Establishing A Roadside Drug Testing Pilot Program
SB 207 (H-1) (Jones) RC 422, 6/9/16 Passed 69-39
SB 434 (H-1) (Casperson) RC 423, 6/9/16 Passed 70-37
Next: Return to the Senate
Committee: Judiciary
Description:  
SB 207 (H-1) (Jones) would give peace officers the authority to require a person to submit to a preliminary oral fluid analysis (also referred to as “roadside drug testing”) under certain circumstances.
SB 434 (H-1) (Casperson) would allow the Michigan State Police to establish a one-year roadside drug testing pilot program in five counties.

Creating Local Agency Wetland Mitigation Bank Fund & Moveable Bridge Fund
SB 105 (H-3) (Green) RC 424, 6/9/16 Passed 107-1
Next: Return to the Senate
Committee: Appropriations
Description:  
SB 105 (H-3) (Green) amends the Public Act 51 transportation funding formula to establish the following new earmarks: A new Movable Bridge Fund and A new Local Agency Wetland Mitigation Bank Fund.

Outline Procedures for Placing Juvenile Offenders on a Court’s Informal Consent Calendar
SB 251 (H-2) (Proos) RC 425, 6/9/16 Passed 105-4
Next: Return to the Senate
Committee: Judiciary
Description:  
SB 251 (H-2) (Proos) would amend the Probate Code to outline procedures for placing juvenile offenders on a court's informal consent calendar. The bill is designed to provide an opportunity for certain juveniles (with the consent of the parent or guardian and prosecutor) to avoid a criminal record upon successful completion.

Revise Failed Grain Dealer Liens; Revise Government Farm Produce Insurance Fund Detail
SB 899 (H-1) (Stamas) RC 426, 6/9/16 Passed 109-0
SB 900 (Hune) RC 427, 6/9/16 Passed 109-0
Next: Return to the Senate
Committee: Agriculture
Description:
SB 899 (H-1) (Stamas) would amend licensing provisions for grain dealers and amend provisions on the possession, liquidation, and distribution of assets and satisfaction of claims for failed grain dealers.
SB 900 (Hune) amends Farm Produce Insurance Act to require producer premium payments until Farm Produce Insurance Fund contains more than $10 million at the end of the fiscal year.

Adding Additional State Retainer Revenue to the State Hospital Quality Assurance Assesment Program (QAAP)
SB 957 (H-2) (Marleau) RC 428, 6/9/16 Passed 106-3
Next: Return to the Senate
Committee: Appropriations
Description:  
SB 957 (H-2) (Marleau) amends the Public Health Code related to the state’s hospital Quality Assurance Assessment Program (QAAP) to authorize an additional $105M state retainer revenue for Fiscal Year 2017 and beyond.

Updating References in Grade “A” Milk Law
SB 477 (Green) RC 429, 6/9/16 Passed 103-6
Next: Return to the Senate
Committee: Agriculture
Description:
SB 477 (Green) The bill would amend the Grade “A” Milk Law to update a reference from the 2007 grade “A” Pasteurized Milk Ordinance (PMO) to the 2013 edition.

Requiring Michigan Department of Agriculture and Rural Development (MDARD) to Inspect Vending Machines Instead of Local Public Health Agencies
SB 774 (Hune) RC 430, 6/9/16 Passed 82-27
Next: Return to the Senate
Committee: Agriculture
Description:
SB 774 (Hune) would remove a requirement that local public health agencies inspect food-oriented vending machines. This duty would fall to the Michigan Department of Agriculture and Rural Development (MDARD) as part of its responsibility to inspect food establishments.

Eliminate Requirement that Local Governments Contribute Matching Funds to the Michigan Department of Transportation (MDOT) for State Trunkline Projects
SB 557 (Knollenberg) RC 431, 6/9/16 Passed 109-0
Next: Return to the Senate
Committee: Transportation and Infrastructure
Description:
SB 557 (Knollenberg) Eliminate requirement in PA 51 that cities with a population of 25,000 or more (of which there are 45 in the state) must provide matching funds to MDOT for state trunk line projects within their borders.

Farmland Tax Credit Amendments
HB 5189 (S-1) (Lauwers) RC 432, 6/9/16 Passed 109-0
HB 5190 (S-1) (B. Roberts) RC 433, 6/9/16 Passed 109-0
HB 5191 (Lauwers) RC 434, 6/9/16 Passed 109-0
Next: Presentation to the Governor
Committee: Agriculture
Description:
HB 5189 (H-1) (Lauwers) package of bills seeks to amend, repeal, and update Part 361 Farmland and Open Space Act of Natural Resources and Environmental Protection Act (NREPA) in order to deal with a current treasury backlog in payments and creating a new funding option.
HB 5190 (H-1) (B. Roberts) amends the Income Tax Act by adding language stating any funds collect by the Treasury for unclaimed farmland tax credits are deposited into the Agriculture Preservation Fund by January 1, 2017. Beginning 2016 the department will be required to have a checkbox for taxpayers to designate that they are claiming tax credits. The bill allows for electronic filing now.
HB 5191 (H-1) (Lauwers) amends the Income tax act of 1967 by adding subsection (3) and section 312. In subsection (3) the bill establishes revenue collection equal to 3.5% from the total revenue received from the Farmland tax credits designated under NREPA by October 1st of 2016. The subsection continues by mandating the immediate deposit of funds from the current fiscal year into the Agriculture Preservation Fund under NREPA. The new section stipulates that beginning with the 2016 tax year a person can electronically file for their farmland preservation tax credit claim.

Eliminating the Sunset and Making Changes to the Administrative Rate for Foster Care Services
HB 5562 (S-2) (Poleski) RC 435, 6/9/16 Passed 107-2
Next: Presentation to the Governor
Committee: Appropriations
Description:
HB 5562 (S-2) (Poleski) eliminates the sunset and makes changes to the administrative rate for foster care services. (This bill is FY17 budget implementation bill).

Creating a Public Threat Notification System
HB 5442 (S-1) (Iden) RC 436, 6/9/16 Passed 107-2
HB 5567 (S-1) (Maturen) RC 437, 6/9/16 Passed 104-5
Next: Presentation to the Governor
Committee: Communications and Technology
Description:
HB 5442 (H-1) (Iden) would create the Public Threat Alert System Act.
HB 5567 (H-1) (Maturen) would amend MCL 769.1f of the “Code of Criminal Procedure to allow a court to order a convicted individual to reimburse the state or a local unit of government for expenses it incurred as a result of the incident that gave rise to a conviction for the following offense

Amending the “Patient’s Right to Independent Review Act”
HB 4933 (S-2) (Barrett) RC 438, 6/9/16 Passed 108-1
HB 4934 (S-1) (KOSOWSKI) RC 439, 6/9/16 Passed 108-1
HB 4935 (S-3) (Leonard) RC 440, 6/9/16 Passed 106-3
Next: Presentation to the Governor
Committee: Insurance
Description:
HB 4933 (H-1) (Barrett) would amend the Patient’s Right to Independent Review Act (PRIRA) to make a number of changes primarily concerning the review process for requests concerning experimental services or treatment. 
HB 4934 (H-1) (KOSOWSKI) would amend the Coordination of Benefits Act (Act) to clarify the rules by which the order in which multiple insurers will pay on a claim.

HB 4935 (H-1) (Leonard) would make a substantial amount of changes to the Insurance Code, including the combinations of sections of chapters that cover similar topics, minor changes needed for language continuity with the Affordable Care Act (ACA), and general updates to an Health Maintenance Organizations’ (HMOs) operating requirements.