Wednesday, September 17, 2014

House of Representatives Week in Review: August 25th-29th and September 8th-12th


Hello Friends,

Below please find an update on legislation passed by the House of Representatives since Session resumed on August 27th.  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

Provide Licensure of Pharmacy Technicians
SB 92 (H-5) (Green), 8/27/14, Passed: 101-7
The bill would amend the Public Health Code to provide for the licensure of pharmacy technicians.

Allow golf carts to be used on certain public streets
HB 5045 (H-3) (Cotter), 8/27/14, Passed: 103-5
This bill would allow golf carts to be used on the public streets of villages, cities, and townships (CVTs) that allow for the use, subject to certain conditions.

Citizen Initiative Petition: Scientific Fish and Wildlife Conservation Act/Wolf Hunt
Citizen Initiative Petition, 8/27/14, Passed: 65-43
This proposed initiated law would keep intact the state’s power to allow wolf hunts. Approval of this initiative would prevent Michiganders from voting on this issue in November.

Allow a foreclosing governmental unit to purchase certain state and federally-owned land
HB 5398 (H-4) (Bumstead), 9/9/14, Passed: 104-5 
Allows a foreclosing governmental unit to purchase certain state and federally-owned land, with the owner’s consent, in order to facilitate the sale of tax foreclosed land at auction.

Designate bridge in Monroe County as “Matt Urban Memorial Bridge”
HB 4814 (Zorn), 9/9/14, Passed: 109-0
House Bill 4814 designates the bridge on US-24 in Monroe County between North and South Custer Roads as the “Matt Urban Memorial Bridge.” As with all designations under the Memorial Highway Act, private contributions are required for the placement and maintenance of the signs marking the designation.

Designate bridge in Ottawa County as “Sgt. Henry E. Plant Memorial Grand River Bridge”
HB 4411(H-1) (Price), 9/9/14, Passed: 109-0
Designates the non-motorized bridge over the Grand River along M-231 in Ottawa County as the “Sgt. Henry E. Plant Memorial Grand River Bridge Nonmotorized Trail.”

Authorize county treasurer to create a delinquent property tax installment payment plan
HB 4882 (H-1) (Cavanagh), 9/9/14, Passed: 110-0
House Bill 4882 (H-1) authorizes a county treasurer to create a delinquent property tax installment payment plan for a principal residence, the title to which is held by a financially distressed person. The treasurer may withhold a property subject to a payment plan from a petition for foreclosure if the person makes the initial payment under the plan.

Specifies how a county treasurer may collect a hotel/motel tax
SB 758 (Hildenbrand), 9/9/14, Passed: 97-13
SB 758 specifies that a county treasurer may collect a county-imposed hotel/motel tax in the same manner as a delinquent special assessment, along with any associated interest, fees, and costs. This would allow the placement of a lien on a property and potential foreclosure.

Allow community service as an alternative to repayment of driver responsibility fees
SB 633 (S-4) (Caswell), 9/9/14, Passed: 110-0
Allows individuals that are assessed driver responsibility fees for certain offenses to engage in ten hours of community service as an alternative to repayment.

Extend sunset on certain DEQ hazardous waste management program user fees
SB 959 (Kahn), 9/9/14, Passed: 109-1
With SB 960, these bills would extend the sunset on various Department of Environmental Quality (DEQ) hazardous waste management program user fees to 2017. These are budget implementation bills necessary for the FY 14-15 DEQ budget that was passed and enacted in June.

Repeals the Multistate Tax Commission retroactive to Jan. 1 2008
SB 156 (H-1) (Brandenburg), 9/9/14, Passed: 100-10
SB 156 (H-1) repeals the Multistate Tax Commission retroactive to January 1, 2008 in response to the recent Supreme Court ruling in favor of IBM that allowed the company to use the apportionment formula in the MTC instead of the Michigan Business Tax apportionment formula.

Amend the Next Michigan Development Act to authorize a 7th entity
HB 4783 (H-1) (McBroom), 9/9/14, Passed: 83-27
With SB 398, these bills would amend the Next Michigan Development Act (Act) to authorize the designation of a 7th Next Michigan Development Corporation (NMDC) and give preference to an "eligible act 7 entity" that has a population that matches that of Detroit.

Extend sunset on certain DEQ hazardous waste management program user fees
SB 960 (Kahn), 9/9/14, Passed: 110-0
With SB 959, these bills would extend the sunset on various Department of Environmental Quality (DEQ) hazardous waste management program user fees to 2017. These are budget implementation bills necessary for the FY 14-15 DEQ budget that was passed and enacted in June.

Tuesday, June 17, 2014

House of Representatives Week in Review: June 10th - June 12th

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

Exempt Gun Records from FOIA
HB 4155 (S-2) (Nesbitt), RC 368, 6/10/2014, Passed: 81-28
Next: Sent to the Governor’s office
House Bill 4155 (Nesbitt) 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.

Include definition of “firearms record” in P.A. 327
HB 5325 (S-1) (Crawford), RC 369, 6/10/2014, Passed: 88-21
Next: Sent to the Governor’s office
This bill amends MCL 28.421 of P.A. 327 to include a definition of “firearms record,” which would mean any form, information, or record required for submission to a government agency for a gun license or concealed pistol permit or any form, permit, or license issued by a government agency under the Act. This fact sheet contains information intended for the exclusive use of the Democratic Caucus and may contain information that is privileged and confidential. The bill is tie-barred to House Bill 5324; House Bills 5326 through House Bill 5329; and Senate
Bill 49.

Delete exemptions from certain information from disclosure under FOIA
HB 5328 (S-1) (Cotter), RC 370, 6/10/2014, Passed: 88-21
Next: Sent to the Governor’s office
This bill amends MCL 28.425b of P.A. 372 to delete provisions that would exempt the following information from disclosure under FOIA and thus not subject to disclosure to any person except for purposes of under the Act or law enforcement purposes:
·         An applicant’s legal name, date of birth, and address.
·         Medical records and personal identification information received by the concealed weapon licensing board.

Allow courts to order involuntary treatment to individuals who present imminent danger
HB 4486 (S-2) (Walsh), RC 371, 6/10/2014, Passed: 102-8
Next: Sent to the Governor’s office
House Bill 4486 (S-2) (Walsh) would allow courts, under certain circumstances, to order involuntary treatment for individuals who present an imminent danger or threat to themselves, family, or others as a result of a substance abuse disorder.

Amends licensure requirements for residential building contractors
HB 4582 (S-1) (Foster), RC 372, 6/10/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 4582 (Foster) amends requirements associated with individuals seeking licensure or relicensure as a residential building or a residential maintenance and alteration contractor.
The substitute S-1 removes the language “licensed as a proprietary school by the Department” from “a trade association” when relating to the subject matter of prelicensure and continuing competency activities.

Allows Builders Board to exempt certain individuals from taking the builder’s exam
HB 5284 (S-1) (Lane), RC 373, 6/10/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 5284 (LANE) allows the Builders Board to exempt certain individuals from being required to take the builder’s exam.
The substitute S-1 removes language that would have added certain crafts and trades included in a license.

Creates an “automatic enrollment” option for public employers for retirement plans for their employees
HB 4964 (S-1) (Walsh), RC 374, 6/10/2014, Passed: 108-2
Next: Sent to the Governor’s office
HB 4964 (S-1) creates an “automatic enrollment” option for public employers for retirement plans for their employees.

Reduce regulation of solid and low hazard industrial waste
HB 5400 (S-2) (Schmidt), RC 375, 6/10/2014, Passed: 70-40
Environmental protection; solid waste; low-hazard industrial waste, beneficial use by-products, and inert material; reduce regulation of.    
Next: Sent to the Governor’s office
House Bill 5400 (H-2) would amend sections 8504, 8505, 11502, 11503,
11504, 11505, 11506, 11542, 20101, 20114e & 20115 of the Natural Resources and
Environmental Protection Act (NREPA) and & adds sections 3112e, 11551, 11551a, 11552,
11553 & 11554 to reduce regulation of solid and low hazard industrial waste, beneficial use byproducts and other inert material.
The S-2 substitute for HB 5400 calls for beneficial use Category 3 products to meet the
Association of American Plant Food Control Officials’ Statement of Uniform Interpretation and
Policy #25, also known as the heavy metals rule. The AAPFCO heavy metals rule does not directly address heavy metal limits on soil conditioners, liming materials and certain types of fertilizer. Substitute (S-2) clarifies the maximum allowable heavy metal concentration that all soil conditioners, liming materials and certain fertilizers would need to meet when they are a beneficial use 3 product.

Eliminates population threshold to allow employees designated by county clerks to solemnizing marriages in that county
SB 153 (H-1) (HOOD), RC 376, 6/10/2014, Passed: 98-12
Next: Sent to the Governor’s office
This bill eliminates a population threshold in law to allow employees designated by county clerks to solemnizing marriages in that county. Previously, this right only applied to Wayne County; however, the (H-1) adopted in Committee opens up the ability to all counties.

Removes sunset preclude a servicer of septage waste from storing the waste at own facility
HB 4874 (Goike), RC 377, 6/10/2014, Passed: 69-41
Next: Sent to the Senate for consideration
House Bill 4874 (Goike) will remove the sunset that would preclude a person working as a servicer of septage waste from storing the waste at the person’s facility. The bill also will eliminate local ordinances that are stricter than state laws concerning the disposal of septage waste over land.

Exclude J-1 and H-2B Visa Holders from Michigan's Unemployment Insurance system
HB 4958 (H-1) (Foster), RC 378, 6/10/2014, Passed:105-5
Next: Returned to the Senate
HB 4958 amends the Michigan Employment Security Act (the Act) to exclude from the term "employment" any nonagricultural work performed by a holder of an H-2B visa and any work performed by the holder of a J-1 visa. The bill also requires an employer to certify in its quarterly reports to the UIA that federal UI taxes do not apply to its J-1 and H-2b visa holding employees and to retain records on each such employee for six (6) years.

Revise Forbes Mechanical Contractor Act to provide fee waiver for certain veterans
HB 5506 (SANTANA), RC 379, 6/10/2014, Passed: 110-0
Next: Sent to the Senate for consideration
The bills revise various statutes that provide fee waiver for certain veterans. House Bill 5506 (SANTANA) would amend the Forbes Mechanical Contractor Act to apply tofees otherwise required under the Act.

Allow community mental health services program to enter into agreements with other providers
SB 713 (Booher), RC 380, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
The bill amends the Mental Health Code to allow a community mental health services program (CMHSP) to enter into agreements with other providers or managers of health care or rehabilitative services to foster interagency communication, cooperation, coordination, and consultation. A CMHSP activities under such an agreement would have to be consistent with
Section 206 of the Code.

Exempt certain veterans from fees to be paid to the administrator under the Michigan
Limited Liability Act
HB 5491 (Walsh), RC 381, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
This bill exempts certain veterans from fees to be paid to the administrator under the Michigan
Limited Liability Act.
               
Exempt certain veterans from fees to be paid under the Electrical Administrative Act
HB 5497 (KOSOWSKI), RC 382, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
House Bill 5497 (KOSOWSKI) would amend the Electrical Administrative Act to apply to waived fees under the Act. It amends the provision that requires the Department of Licensing and
Regulatory Affairs to issue an electrical journeyman’s license to any individual who, while on active duty as a member of the armed forces, served as an interior electrician or in an equivalent job classification.

Exempt certain veterans from fees to be paid under the Nonprofit Corporation Act
HB 5498 (Lori), RC 383, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
House Bill 5498 (Lori) amends the Nonprofit Corporation Act to apply to fees otherwise required under that act.

Require fees for liquor licenses be prorated on a quarterly basis
HB 4573 (H-2) (DIANDA), RC 384, 6/10/2014, Passed: 105-4
Next: Sent to the Senate for consideration
House Bill 4573 (DIANDA) will require that fees required for the various types of liquor licenses be prorated on a quarterly basis for a portion of the effective period of the license.
The substitute changed language from prorating the sale and transfer of licenses to instead allow for a license to be renewed annually on the date the license was issued or transferred to the licensee. The substitute will include an effective date of six months after passage of the bill.

Amends racketeering definition to include “meth-smurfing” violations as a predicate offense
HB 5615 (KIVELA), RC 385, 6/10/2014, Passed: 107-2
Next: Sent to the Senate for consideration
HB 5615 (KIVELA) amends the racketeering definition to include various “meth-smurfing” violations as a predicate offense.

Exempt local tax collecting unit from collection of property taxes for 7 years
SB 536 (H-5) (Proos), RC 386, 6/10/2014, Passed: 70-39
Next: Returned to the Senate
Senate Bill 536 (H-5) would allow a local tax collecting unit to exempt from the collection of property taxes for up to 7 years, specific property of an eligible economic development group, which is defined as “a nonprofit organization whose primary purpose was the economic development of real property or combining parcels of real property for economic development purposes.” The State Treasurer must approve the exemption.
         
Penalties for repeat offenders of dealing in stolen motor vehicles
HB 4895 (Kesto), RC 387, 6/11/2014, Passed: 95-14
HB 4896 (Kesto), RC 388, 6/11/2014, Passed: 95-14
Next: Sent to the Governor’s office
House Bill 4895 enhances penalties for repeat offenders of dealing in stolen motor vehicles. House Bill 4896 is the sentencing guidelines companion bill.

Allow public officials to serve on a board of directors for a Brownfield Redevelopment Authority         
HB 5131 (SANTANA), RC 389, 6/11/2014, Passed: 108-2
HB 5132 (SANTANA), RC 390, 6/11/2014, Passed: 108-2
Next: Sent to the Governor’s office
HBs 5131 & 5132 would allow public officials or their appointees to serve on the board of directors (BOD) for a Brownfield Redevelopment Authority (Authority) or a municipality’s economic development corporation.    

Allow minors to shoot pistols under the supervision of adult who has completed safety course 
HB 5085 (Potvin), RC 391, 6/11/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 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.

Eliminate county administrative rate for foster care services
HB 5507 (MacGregor), RC 392, 6/11/2014, Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5507 (MacGregor) requires the state to pay 100% of the administrative rate for providers of foster care services. This is a budget implementation bill necessary due to Public Act 34 of 2014, which provided additional funds to have the state pay 100% of private child placing agency administrative rates for new foster care cases, instead of splitting this cost with the counties.

Requires lodging owners to pay reasonable attorney fees and court costs incurred in collecting delinquent assessments from the owner
SB 611 (Kowall), RC 393, 6/11/2014, Passed: 88-22
Next: Returned to the Senate
Senate Bill 611 requires a lodging owner to pay reasonable attorney fees and court costs incurred by a convention and visitor bureau incurred in collecting delinquent assessments from the owner. The bill also specifies that assessments collected but not paid to a bureau by an owner shall be considered trust funds and shall be remitted to the bureau.

Includes Pure Michigan Trails in statewide trail network
SB 873 (H-2) (Moolenaar), RC 394, 6/11/2014, Passed: 108-2
SB 875 (H-1) (Hildenbrand), RC 395, 6/11/2014, Passed: 108-2
SB 876 (H-1) (Hansen), RC 396, 6/11/2014, Passed: 108-2
SB 877 (H-1) (Casperson), RC 397, 6/11/2014, Passed: 108-2
Next: Returned to the Senate
This is a legislative package that amends the Natural Resources and Environmental Protection Act to codify recommendations made in the Michigan Comprehensive Trail Plan report, including the creation of the Pure Michigan Trails program.

Enable Director of WCA to authorize reimbursement from Compensation Supplement Fund
SB 900 (S-1) (Brandenburg), RC 398, 6/11/2014, Passed:
Next: Returned to the Senate
The bill would amend the Workers’ Disability Compensation Act (Act) to enable the Director of the Workers’ Compensation Agency (WCA) to authorize claims for reimbursement from the Compensation Supplement Fund (Fund) to be filed for periods of time different from those prescribed in the Act.

Eliminates prescription requirement for physical therapy in certain cases
SB 690 (H-1) (Moolenaar), RC 399, 6/11/2014, Passed: 108-2
Next: Returned to the Senate
The bill would permit a physical therapist or physical therapist assistant to treat an individual without a prescription for physical therapy services.

Allows insurance to withhold reimbursement for physical therapy unless patient has prescription
SB 691 (H-1) (WARREN), RC 400, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 691 H-1 (WARREN): Notwithstanding any other provision of the Nonprofit Health Care
Corporation Reform Act, which governs Blue Cross Blue Shield of Michigan (BCBSM), if a
BCBSM certificate or coverage under a prudent purchaser agreement provided for benefits for services provided by a licensed physical therapist or physical therapist assistant under a licensed physical therapist’s supervision, BCBSM would not have to provide benefits or reimburse for a practice of physical therapy service or practice as a physical therapist assistant service unless the service was provided pursuant to a prescription from a health professional.

Allows insurance to withhold reimbursement for physical therapy unless patient has prescription
SB 692 (H-1) (Casperson), RC 401, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 692 H-1 (Casperson): If coverage under a prudent purchaser agreement provided for benefits for services provided by a licensed physical therapist or physical therapist assistant under a licensed physical therapist’s supervision, the Prudent Purchaser Act would not require that coverage or reimbursement to be provided for a practice of physical therapy service or physical therapy assistant service, unless the service was provided pursuant to a prescription from a health professional.
       
Allows insurance to withhold reimbursement for physical therapy unless patient has prescription
SB 693 (H-1) (Hildenbrand), RC 402, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 693 H-1 (Hildenbrand): Under the Worker’s Disability Compensation Act, an employer would not have to reimburse or cause to be reimbursed charges for physical therapy service unless it was provided by a licensed physical therapist or physical therapist assistant under the supervision of a licensed physical therapist pursuant to a prescription from a health professional.      

Allows insurance to withhold reimbursement for physical therapy unless patient has prescription   
SB 694 (H-1) (Green), RC 403, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 694 H-1 (Green): Under Chapter 31 of the Insurance Code, personal protection insurance benefits are payable for allowable expenses consisting of all reasonable charges incurred for reasonable necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation. Under the bill, reimbursement of coverage for expenses within personal protection insurance coverage would not be required for a practice of physical therapy services or practice as a physical therapist’s assistant service, unless the services was provided by a licensed physical therapist or physical therapist assistant under his or her supervision pursuant to a prescription from a health professional.

Create the “Eye Care Consumer Protection Law” within the Public Health Code
SB 853 (H-1) (Jones), RC 404, 6/11/2014, Passed: 108-2
Next: Returned to the Senate
The bill specifies that, except as otherwise provided, spectacles and contact lenses would be medical devices and would be subject to the requirements of the part created under this bill (Part 55A) for the protection of consumers. It would not apply to a diagnostic contact lens that was used by a licensee during an examination and evaluation, an optical instrument or device that was not intended to correct or enhance vision, or an optical instrument that is not made, designed, or sold for a particular individual.

Requires hazardous waste facility operating license applicant to disclose criminal convictions
SB 20 (H-1) (HOPGOOD), RC 405, 6/11/2014, Passed: 110-0
Next: Returned to the Senate
SB 20 (H-1) would amend Part 111 (Hazardous Waste Management) of the Natural Resources and Environmental Protection Act to require an applicant for a hazardous waste facility operating license to disclose criminal convictions for violations committed in furtherance of obtaining a license, and authorize the Department of Environmental Quality (DEQ) to deny a license because of such a conviction.

Adds vapor products and alternative nicotine products to the list of items that are prohibited from minors under the Youth Tobacco Act
SB 667 (H-1) (ANDERSON), RC 406, 6/11/2014, Passed: 194-16
Next: Returned to the Senate
Senate Bill 667 (H-1) (ANDERSON) adds vapor products and alternative nicotine products to the list of items that are prohibited from minors under the Youth Tobacco Act.
Committee: Regulatory Reform 13 Yeas, 0 Nays, 1 Pass, 1 Absent

Prohibits the selling, giving, or furnishing of vapor products or alternative nicotine products to minors
SB 668 (H-2) (Jones), RC 407, 6/11/2014, Passed: 96-14
Next: Returned to the Senate
Senate Bill 668 (H-2) (Jones) prohibits the selling, giving, or furnishing of vapor products or alternative nicotine products to minors.

School Aid Omnibus Budget
HB 5314 (Conference Report) (Rogers), RC 408, 6/11/2014, Passed: 60-50
Next: Transmitted back to Senate
HB 5314 is the appropriations to K-12, community colleges, and higher education.

Amend the Aquatic Nuisance Control Section of the Natural Resources and Environmental Protection Act
SB 444 (S-5) (Casperson), RC 409, 6/11/2014, Passed: 60-50
Next: Returned to the Senate
Senate Bill 444 (S-5) (Casperson) amends the Aquatic Nuisance Control Section of the Natural Resources and Environmental Protection Act (NREPA).

Rules for Treasury Department conduct
SB 327 (Robertson), RC 410, 6/11/2014, Passed: 109-1
Next: Returned to the Senate
The Revenue Act (MCL 205.4) requires that the Department of Treasury develop guidelines to govern departmental employee responses to inquiries from the public and standards for tax audit activities. The guidelines are to explicitly exclude the use of a collection goal or quota for evaluating an employee, and are to be compiled into an employee handbook.

Creates “Methamphetamine Abuse Reporting Act”
SB 535 (S-2) (Proos), RC 411, 6/12/2014, Passed:107-0
Next: Sent to the Governor’s office
Senate Bill 535 (S-2) (Proos) creates the “Methamphetamine Abuse Reporting Act” to create a mechanism for certain methamphetamine related convictions to trigger a “stop-sale alert” to prevent an individual from purchasing products with pseudoephedrine or ephedrine (“PSE”).

Requires stop-sale alerts for persons who are ineligible yet attempt to buy ephedrine
SB 756 (Proos), RC 412, 6/12/2014, Passed: 110-0
Next: Returned to the Senate
Senate Bill 756 would require the NLPEx system to generate stop-sale alerts for persons who are ineligible yet attempt to buy ephedrine or pseudoephedrine (PSE) under the “Methamphetamine Abuse Reporting Act.” The bill further prohibits retailers from selling to such individuals when a stop sale alert is generated.

Omnibus budget appropriations bill for FY 2015
HB 5313 (CR-1) (Haveman), RC 413, 6/12/2014, Passed: 100-10
Next: Transmitted
Provides appropriations for all departments of the state.

Allow strict discipline academies to enroll students from juvenile facilities
SB 644 (S-1) (Hildenbrand), RC 414, 6/12/2014, Passed: 96-14
Next: Sent to the Senate
SB 644 (S-1) (Hildenbrand) amends the Revised School Code to allow strict discipline academies to enroll students who are placed in high or medium security juvenile facilities, mental health facilities, or child caring institutions operated by private agencies.

Teacher and Administrator Evaluations
SB 817 (S-2) (Pappageorge), RC 415, 6/12/2014, Passed: 110-0
Next: Returned to Senate
SB 817 (S-2) as amended in the House on June 11, 2014 is the Senate version of teacher and administrator evaluation.

Prohibit issuing a certificate of insurance that would alter the coverage provided by an insurance policy
SB 715 (H-1) (Casperson), RC 416, 6/12/2014, Passed: 109-1
Next: Returned to Senate
SB 715 would prohibit issuing a certificate of insurance that would alter the coverage provided by an insurance policy referred to in the certificate, or which contained false or misleading information concerning a policy, or requiring the issuance of a certificate with false or misleading information regarding a policy. The bill also establishes that a person would have a right to notice of cancellation only under the terms of an insurance policy.

Increases regulations on pharmaceutical facilities that provide compounding services for sterile pharmaceuticals
SB 704 (S-3) (Hune), RC 418, 6/12/2014, Passed: 110-0
SB 904 (H-2) (Hune), RC 419, 6/12/2014, Passed:110-0
Next: Returned to the Senate
Senate Bill 704 (S-3) (Hune) increases regulations on pharmaceutical facilities that provide compounding services for sterile pharmaceuticals. Senate Bill 904 (Hune) establishes felonies related to violating regulations proposed in SB 704 (S-3).

Expands public on premise liquor licenses in redevelopment and development project areas
SB 846 (Hildenbrand), RC 420, 6/12/2014, Passed:
Next: Returned to the Senate
Senate Bill 846 (Hildenbrand) expands the issuance of public on premise liquor licenses in redevelopment and development project areas in villages and townships, in addition to cities.

Require background checks prior to an individual adopting and animal
HB 4534 (H-7) (Muxlow), RC 421, 6/12/2014, Passed: 98-12
Next: Sent to the Senate for consideration
House Bill 4534 (H-7) amends Public Act 287 of 1969 (Pet Shops, Dog Pounds, and Animal Shelters) to establish “Logan’s Law,” which would require animal control shelters and animal protection shelters to conduct criminal background checks prior to allowing an individual to adopt an animal.

Restricts pet ownership for animal abusers
HB 4755 (H-2) (SANTANA), RC 422, 6/12/2014, Passed: 93-17
HB 5061 (H-2) (SANTANA), RC 423, 6/12/2014, Passed: 89-21
HB 5062 (H-2) (SANTANA), RC 425, 6/12/2014, Passed: 92-18
Next: Sent the Senate for consideration
House Bill 4755 (H-2) (SANTANA) restricts pet ownership and possession for animal abusers. House Bill 5061 (H-2) (SANTANA) allows animal control shelters or animal protection shelters to consider an individual’s criminal background history prior to adopting out animals. House Bill 5062 waives the $10.00 ICHAT fee for animal shelters and animal protection shelters conducting criminal background checks prior to adopting out animals.

Prohibits the practice of soliciting business as the scene of an accident
HB 4545 (H-4) (Zorn), RC 424, 6/12/2014, Passed: 105-5
Next: Sent to the Senate for consideration
HB 4545 (H-2) (Zorn) prohibits a person from traveling to the scene of anaccident to solicit business for a wrecker, recovery, or towing service.

Creation of the “Breastfeeding Antidiscrimination Act”
SB 674 (WARREN), RC 426, 6/12/2014, Passed:108-2
Next: Returned to the Senate
The bill creates the “Breastfeeding Antidiscrimination Act.”

Provides health insurance for family of public safety officers who die in the line of duty
HB 5608 (H-2) (Schmidt), RC 427, 6/12/2014, Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5608 (H-2) (Schmidt) would require the state to provide health insurance to the surviving spouses and dependents of public safety officers who died in the line of duty.

Creates an offer-in-compromise tax program
HB 4003 (S-3) (Walsh), RC 428, 6/12/2014, Passed: 109-1
Next: Sent to the Governor’s office
This bill will create an offer-in-compromise program in Michigan where specific taxpayers with unpaid taxes can negotiate with the state to pay less than what is owed to clear the debt.

Create the "municipal utility residential clean energy program act"
HB 5397 (Haveman), RC 429, 6/12/2014, Passed: 108-2
Next: Sent to the Senate for consideration
House Bill 5397 would create the "municipal utility residential clean energy program act."

Increase max. penalties for driving while under the influence of alcohol or controlled substance
HB 4567 (H-2) (Kowall), RC 430, 6/12/2014, Passed: 99-11
HB 4568 (H-2)  (Kowall), RC 432, 6/12/2014, Passed: 98-12
Next: Sent to the Governor’s office
House Bill 4567 (H-2) and House Bill 4568 (H-2) (Kowall) increase the statutory maximum penalties for driving while under the influence of alcohol or a schedule 1 controlled substance.

Funds for Michigan State Capitol Site Fund
SB 678 (Kahn), RC 431, 6/12/2014, Passed: 109-1
Next: Senate Bill 678 (H-1) (Kahn) provides on-going funding for the Michigan State Capitol Site Fund to help restore and maintain the Capitol Building.

Eliminate regulation and registration of foresters
SB 481 (Jansen), RC 433, 6/12/2014, Passed: 57-53
SB 484 (Jansen), RC 434, 6/12/2014, Passed: 61-49
HB 4379 (Crawford), RC 435, 6/12/2014, Passed: 59-51
HB 4380 (Crawford), RC 436, 6/12/2014, Passed: 59-51
Next: Returned to the Senate
These bills repeal Article 21 of the Occupational Code, which regulates and provides for the registration of foresters. The bill also rescinds administrative rules and deletes provisions of the Code related to foresters.

Penalties for residential squatters
HB 5069 (Heise), RC 437, 6/12/2014, Passed: 98-12
HB 5070 (Heise), RC 438, 6/12/2014, Passed: 94-16
HB 5071 (Heise), RC 439, 6/12/2014, Passed: 95-15
Next: Sent to the Governor’s office
Collectively, House Bills 5069-5071 penalize residential squatters.

Increase list of family members who are not subject to use tax while transferring a vehicle
HB 5261 (Cotter), RC 440, 6/12/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 5261 (S-2) would amend the Use Tax Act to add in-laws to the list of family members who are not subject to the use tax when transferring a vehicle, effective January 1, 2014. Relationships to be included for the exemption under the bill are: father-inlaw, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparent in-law.

Provide tuition assistance to members of the Michigan National Guard
HB 5451 (S-3) (Rendon), RC 441, 6/12/2014, Passed: 110-0
Next: Sent to the Governor’s office
The bill would create a new Act known as the “Michigan National Guard
Tuition Assistance Act” to provide tuition assistance to members of the Michigan National
Guard. The Senate S-3 would require that an eligible person would be required to have completed the course of study with a minimum grade point average of 2.0 on a 4.0 scale.

Exempt stamp sands from the Natural Resources and Environmental Protection Act
SB 872 (H-1) (Casperson), RC 442, 6/12/2014, Passed: 67-43
Next: Returned to the Senate
Senate Bill 872 (H-1) (Casperson) would exempt stamp sands from Part 201 (Environmental Remediation) of the Natural Resources and Environmental Protection Act (NREPA), and provide that property where stamp sands were deposited would not be subject to Part 201 unless excessive hazardous substances also were present.

Bills to take effect after 90 days after the date they are filed
HJR FF (McBroom), RC 443, 6/12/2014, Passed: 60-50
Next: Postponed, vote reconsidered
Legislature; rules; bills take effect upon the expiration of 90 days after the date they are filed with the secretary of state; provide for.  
Amends sec. 27, art. IV of the state constitution.

Repeal driver responsibility fees
HB 5414 (Haveman), RC 444, 6/12/2014, Passed: 110-0
Next: Sent to the Governor’s office
This bill phases out and ultimately repeal the often criticized driver responsibility fees.

Clarify how CTE programs work in conjunction with Michigan Merit Curriculum
SB 66 (S-8) (Proos), RC 445, 6/12/2014, Passed:110-0
Next: Returned to the Senate
SB 66 (S-8) addresses concerns regarding the establishment of career and technical education (CTE) programs and how they work in conjunction with the Michigan Merit
Curriculum (MMC).

Amends Michigan Merit Curriculum for certain subjects
HB 4465 (H-3) (McBroom), RC 446, 6/12/2014, Passed: 89-21
HB 4466 (H-3) (Johnson), RC 447, 6/12/2014, Passed: 90-20
Next: Sent to the Governor’s office
House Bill 4465 (McBroom) amends section 1278a of the Revised School Code to alter the current Michigan Merit Curriculum (MMC) standards as they relate to Algebra II, foreign language and Physical Education


Friday, June 6, 2014

House of Representatives Week in Review: June 3rd - June 5th

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

Remove requirement that community planners register with the State
HB 4377 (S-2) (Kelly), Passed: 94-14
House Bill 4377 removes the requirement that community planners register with the State. In the S-2 substitute HB 4377 repeals Section 23 of the Occupational Code, which regulates community planners and tie-bars it to SB 494.


Deregulate ocularist occupation
HB 4392 (S-2) (HAUGH), Passed: 102-6
House Bill 4392 (H-1) would deregulate the ocularist occupation. HB 4392 (S-1) repeals Article 27 of the Occupational Code, which removes regulations and requirements for ocularists and tie-bars it to SB 607.

Creation of Entrepreneur in Residence Program
HB 4998 (H-2) (Schmidt), Passed: 85-24
This bill creates the Entrepreneur in Residence Program within the Michigan Strategic Fund.

Revise penalties for discharging a firearm from a vehicle
SB 582 (Marleau), Passed: 108-1
SB 583 (ANANICH), Passed: 108-1
Senate Bill 582 (Marleau) revises the criminal penalties intentionally discharging a firearm from a motor vehicle, snowmobile, or off-road vehicle. The bill also revises the penalty for intentionally discharging a firearm in reckless disregard for another individual. Senate Bill 583 (ANANICH) is the sentencing guidelines companion bill.


Allow judges to administer oaths for arrest warrants in person or electronically
HB 5246 (H-2) (Rogers), Passed: 108-1
House Bill 5246 (Rogers) would allow a judge to administer an oath or affirmation for an arrest warrant either in person or electronically.





Limits liability for private airstrip owners in the event of aviation related injuries
HB 5178 (Pettalia), Passed: 62-47
House Bill 5178 limits premises liability for property owners when aviation related injuries occur on their private airstrips.

Revise procedures for roadside analysis for driving under the influence of alcohol or controlled substances
HB 5383 (H-2) (Lauwers), Passed: 108-1
HB 5385 (H-2) (Lauwers), Passed: 101-8
Together, these bills revise the procedures for roadside analysis for driving under the influence of alcohol or controlled substances.

Exempts company test vehicles from a potential RTA vehicle registration tax
SB 265 (Jones), Passed: 83-25
Senate Bill 265 exempts company test vehicles from a vehicle registration tax that could potentially be charged by the Regional Transit Authority (RTA) in Wayne, Oakland, Macomb, and Washtenaw Counties if approved by voters.

Require driver’s ed to include information on bicycle and motorcycle laws
HB 5438 (BROWN), Passed: 108-0
House Bill 5438 would amend the Driver Education Provider and Instructor Act to require driver’s education instruction to include and emphasize information on the laws pertaining to the operation of bicycles and motorcycles on streets, roads, and highways.

Amend procedures for video recorded statements given by children to DHS
HB 5270 (McMillin), Passed: 108-0
HB 5271 (KOSOWSKI), Passed: 108-0
HB 5272 (Hooker), Passed: 108-0
Collectively, these bills amend the procedure for video recorded statements given by children to the Department of Human Services (DHS) or law enforcement officers.


Eliminate registration requirement for interior designers and Advisory Subcommittee on Interior Design
HB 4378 (S-1) (LaFontaine), Passed: 102-6
House Bill 4378 (H-1) eliminates the registration requirement and the Advisory Subcommittee on Interior Design. The substitute S-1 now repeals Sec. 601a from the Occupational Code, removing all references to interior designers.

Eliminates the ability of consumers to bring a MCPA action against insurance companies
HB 5558 (Leonard), Passed: 57-49
House Bill 5558 (Leonard) eliminates the ability of consumers to bring a Michigan Consumer Protection Act (MCPA) action against insurance companies for unfair, unconscionable, or deceptive methods, acts, and practices occurred before, on, or after March 28, 2001 and are unlawful under the Insurance Code of 1956.



Deregulation of auctioneer profession
HB 4683 (S-1) (NATHAN), Passed: 86-22
HB 4684 (S-1) (Denby), Passed: 84-24
House Bill 4681 (Denby) deregulates auctioneers by eliminating the voluntary provision that these professionals register after meeting certain conditions, including passing an examination described in the Occupational Code. House Bill 4682 (HAUGH) removes the corresponding state license fee for auctioneers. House Bill 4683 (NATHAN) removes language that wine auctions do not have to be held by licensed auctioneers. House Bill 4684 (Denby) removes The S-1 substitutes for HB 4683 (NATHAN) and 4684 (Denby) update the tie-bars to include SB
476 and 477 (Hildenbrand).

Require PSC to commence proceedings examining cost allocation and rate design methods
HB 5476 (S-1) (Stamas), Passed: 104-4
House Bill 5476 would require the Michigan Public Service Commission (PSC) to commence a proceeding for certain electric utilities to examine cost allocation methods and rate design methods used to set rates. These utilities would file proposals to modify existing methods and the details of the proposal requirements and relevant timeframes are set forth in the bill. The purpose of the bill is to modify rates to better reflect the cost of service as contained in current law (which would likely lower rates for energy intensive industrial customers).

Exempt gun records from disclosure under FOIA
SB 49 (H-1) (Casperson), Passed: 80-28
Senate Bill 49 (H-1) (Casperson) amends Michigan’s gun laws to establish firearms records as confidential, not subject to disclosure under FOIA, and cannot be disclosed to any person except in limited circumstances for limited purposes.

Amend gun licensure law to exempt certain information from disclosure under FOIA
SB 834 (S-1) (Pavlov), Passed: 87-21
Senate Bill 834 (Pavlov) amends MCL 28.422b of P.A. 327 to delete section 2b(5) which exempts information contained in certain orders or dispositions from public disclosure under FOIA when such information is filed with the Michigan State Police for entry into the Law
Enforcement Information Network (“LEIN”).

Amend gun licensure law to exempt certain information from disclosure under FOIA
SB 881(S-1) (Hansen), Passed: 87-21
Senate Bill 881 (Hansen) amends MCL 28.425o of P.A. 327 to delete a provision that exempts from FOIA records made available by an establishment licensed under the Michigan Liquor Control Code of 1998 to enforce “no carry zones.”

Allow county treasures to waive additional interest on delinquent property taxes in certain circumstances
HB 5421 (Walsh), Passed: 108-0
This bill allows a county treasurer to waive additional interest on delinquent property taxes for redemption purposes if a residential property is withheld from tax foreclosure due to the owner's economic hardship. This essentially allows the county treasurer to reduce the interest from 1.5% per month (18% per year) to 1% per month (12% per year).


Allow issuance of crop damage hunting permits to include bears
HB 5226 (H-2) (McBroom), Passed: 103-5
House Bill 5226 is a bill which expands the issuance of crop damage hunting permits to include bear.

Include Pure Michigan in a statewide trail network
HB 5553 (Franz), Passed: 106-2
HB 5559 (Pagel), Passed: 106-2
These bills comprise a package that amends the Natural Resources and Environmental Protection Act to codify recommendations made in the Michigan Comprehensive Trail Plan report, including the creation of the Pure Michigan Trails program.

Printing guidelines for House and Senate journals, require them to be posted online
HB 5610 (Denby), Passed: 104-4
HB 5610 would allow the official journals of the House and Senate to be printed in a quantity determined by the Secretary of the Senate and the Clerk of the House, and also require the journals to be available online.

Criminal penalties for soliciting another to obtain ephedrine or pseudoephedrine to manufacture meth
HB 5089 (H-1), (Genetski), Passed: 105-3
HB 5090 (H-2) (Nesbitt), Passed: 105-3
Together, these bills create criminal penalties for soliciting another person to purchase or obtain products containing ephedrine or pseudoephedrine (PSE) to illegally manufacture methamphetamine (“meth”).

Criminal penalties for possessing PSE knowing that it will be used to make meth
HB 5363 (H-1) (Price), Passed: 105-3
House Bill 5363 (H-1) (Price) creates criminal penalties for purchasing or possessing any amount of ephedrine or pseudoephedrine (PSE) knowing or having reason to know that it will be combined to make methamphetamine (“meth”).

Amend Incompatible Public Offices Act to ensure that the Detroit Mayor and Detroit City Council members may legally serve on the Financial Review Commission
HB 5600 (Walsh), Passed: 104-4
House Bill 5600 would amend the Incompatible Public Offices Act to ensure that the Detroit Mayor and any Member of the Detroit City Council may legally serve on the Financial Review Commission, which will have oversight over the finances and management of the city.

Allow funds from UCRF to be used in cost allocation and rate design proceedings
HB 5612 (Shirkey), Passed: 107-1
House Bill 5612 would allow funds from the Utility Consumer Representation Fund (UCRF) to be used for participation in cost allocation and rate design proceedings created under House Bill 5476 (Stamas). The UCRF funds collected are split between the Attorney General and the Utility Consumer Participation Board (UCPB). The Attorney General uses the funding to advocate on behalf of Michigan utility customers in general and the UCPB is responsible for granting funding to specific interest groups to advocate for the residential consumer groups they represent.


Allow RTA to enter agreement with M-1 RAIL to secure funds for light rail project
HB 5168 (H-2) (Walsh), Passed: 82-26
HB 5169 (Schmidt), Passed: 83-25
House Bill 5168 (H-2) and House Bill 5169 allow the Regional Transit Authority (RTA) in southeast Michigan to enter an agreement with M-1 RAIL to secure federal funds for both the M-1/Woodward light rail project and, potentially, a bus rapid transit system operated by the RTA. The bills would also change the approval process for the RTA to agree to a transfer of M-1 RAIL assets to the RTA from a unanimous board vote to a 7/9 supermajority vote.

Expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership”
HB 5552 (H-1) (Pettalia), Passed: 77-31
House Bill 5552 (H-1) expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership” for the purpose of property taxes (i.e., pop-up) and specifies that a transfer of residential property to a trust in which one or more family members are the sole beneficiaries is also not a “transfer of ownership.”

Creates process for terminating an individual’s rights to specific cemetery space
HB 4890 (H-3) (McBroom), Passed: 106-2

House Bill 4890 (H-3) (McBroom) creates a process under which an individual’s rights to a specific cemetery space are terminated.

Friday, May 30, 2014

House of Representatives Week in Review: May 27th - May 29th

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

Licensing fees for community planners
SB 494 (Caswell), Passed: 94-16
Next: Returned to the Senate
Senate Bill 494 amends the State License Fee Act to repeal the section of the Act that deals with licensing fees for community planners. SB 494 is tie-barred with House Bill 4377 (Kelly). HB 4377 amends the Occupational code to repeal the licensing requirements for community planners.

Remove licensing fees for ocularists
SB 607 (Kahn), Passed: 104-6
Next: Returned to the Senate
Senate Bill 607 (Kahn) amends the State License Fee Act to remove the licensing fee section relating to ocularists in Michigan. The H-1 substitute tie-barred SB 607 to HB 4392.

Delphi Package: Create Private Employer Group Self-Insurers Security Fund
HB 5478(Graves), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5478 is part of the Delphi Package (HBs 5478-90). This bill would create, beginning on January 1, 2019, the Private Employer Group Self-Insurers Security Fund (PEGSISF). The PEGSISF would be responsible for the claims made against SIGs or their members, if the SIG is otherwise unable to pay. This bill is tie-barred to HBs 5479-80, and HB 5483.

SIFU Liability and PEGSISF Assessments
HB 5479(Graves), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5479 is part of the Delphi Package (HBs 5478-90). Currently, the Self Insurer Security Fund (SISF) pays claims when a self-insured company files for bankruptcy and fails to pay claims itself. Under this bill, the PEGSISF will assume the liability for any claims made against PEGSISF members after its creation in 2019. This is regardless of whether the claim was first filed before or after the PEGSISF’s creation. Additionally, rather than an annual assessment, the PEGSISF’s members will only be assessed when the Director determines that one of the SIGs that make it up has gone bankrupt. The assessment will be proportional of the total paid losses of each SIG paid in the prior year to cover the costs of benefits incurred.

Permits WCA trustees to authorize payments from PEGSISF
HB 5480 (Graves), Passed 109-1
Next: Sent to the Senate for consideration
HB 5480 is part of the Delphi Package (HBs 5478-90). This bill creates a new section in the Act that specifically gives the WCA trustees the authority to authorize payments from the PEGSISF.
This bill is tie-barred to HBs 5478-79, and 5483.

PEGSISF Technical Change
HB 5481(Graves), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5481 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change in the Act to include a reference to PEGSISF in Section 356, which deals with automatic benefit increases after being on disability for over two years.

PEGSISF Technical Change
HB 5482 (Graves), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5482 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change in the Act to include a reference to PEGSISF in Section 391(7). Section 391 addresses when self-insurers and insurers alike are entitled to reimbursement from the compensation supplement fund. This bill is tie-barred to HBs 5478-5480, and 5483.

PEGSISF assessment amount
HB 5483 (SANTANA), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5483 is part of the Delphi Package (HBs 5478-90). This bill states that, if the Director determines that a SIG member of the PEGSISF will be unable to pay its obligations, the director may assess the PEGSISF members an amount “necessary to secure payment of benefits for which [PEGSISF] may be responsible” including overhead and administrative expenses. The assessment will be proportional of the total paid losses of each SIG paid in the prior year to cover the costs of benefits incurred. The bill is tie-barred to HBs 5478-80.

PEGSISF technical change
HB 5484 (SANTANA), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5484 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change to Section 515, which states that the Attorney General represents the PEGSISF as needed. The bill is tie-barred to HBs 5478-80, and 5483.

PEGSISF technical change
HB 5485 (SANTANA), Passed: 109-1
Next: Sent to the Senate for consideration
HB 5485 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change to Section 553. The bill is tie-barred to HBs 5478-80, and 5483.

PEGSISF technical change
HB 5486 (SANTANA), Passed: 109-1
Next: Sent to the Senate for consideration
This bill makes a technical change to Section 561, which states that any self insurer must agree to, in the event of insolvency, to disclose its financial records to the SISF or the PEGSISF as needed to defend the fund. The bill is tie-barred to HBs 5478-80, and 5483.

Delphi Additional 1% Assessment on Self-Insured Employers
HB 5487 (H-1) (PHELPS), Passed: 107-3
Next: Sent to the Senate for consideration
This bill states that the SISF assessment, beginning in 2015 on, shall be calculated exclusively on claims payments and administrative expenses of the SISF for the immediately preceding year and the estimate of future liability for the current year. Additionally, from January 1, 2015 through December 31, 2018, the assessment is increased by 1% (4% total), if the extra 1% is used exclusively for the Delphi employees at issue in this package. For assessment payments that are unpaid after 90 days, interest begins accruing in the same manner as interest on a money judgment in a civil action. For assessments that are unpaid after
181 days, a penalty of 1% per month for each month thereafter is assessed. However, if a carrier’s delinquent assessment and any applicable interest and penalties total $25 or less for all funds in a single assessment year, the department may waive the assessments, interest, and penalties.

PEGSISF technical change
HB 5488 (KOSOWSKI), Passed: 109-1
Next: Sent to the Senate for consideration
This bill makes a technical change to Section 555, which states that reimbursement, under the Chapter, is not available to any carrier that is currently delinquent in paying any assessment. The bill is tie-barred to HBs 5489 and 5490.

Authorization of Disbursement to Delphi Employees
HB 5489 (H-1) (Jacobsen), Passed: 110-0
Next: Sent to the Senate for consideration
HB 5489 authorizes the trustees of the SISF to make payments to the claimants that are disabled employees or a dependent of “any employer that was granted authority by the workers’ compensation agency pursuant to Section 418.611(1)(a) to operate as a self-insurer for the first time in May 1999, and filed for bankruptcy in 2005.” The bill also states that, should the courts decide that an insurance company is responsible for these payments, as touched on in the background section above, the SEFI would be compensated for any payments that it had made to these employees. The H-1 substitute also adds a subsection (6), which states that if an unexpended balance from the appropriation remains, the Director may reimburse the general fund. The bill is tie-barred to HB 5487.

PEGSISF technical change
HB 5490 (Foster), Passed: 109-1
Next: Sent to the Senate for consideration
This bill makes a technical change to Section 541. The bill also states that the PEGSISF has the same rights under this act as an employer or carrier. This change is being made at the request of LARA and has implications related to Delphi, but not exclusive to Delphi. LARA asserts that this change ensures that the SISF has the ability to defend and pay claims as other payers (employers and carriers). Currently, even though the SISF can be a party to a claim, it does not have the right to defend or challenge a claim in the same manner as other payers. This results in higher costs to administer the fund. It will lead to decreased fights over medical exams and coordination of benefits. The bill is tie-barred to HB 5489.

Create foster parent bill of rights
HB 4649 (Cotter), Passed: 110-0
HB 4650 (Glardon), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 4649 (Cotter) amends the Foster Care and Adoption Services Act to include a list of rights that each foster parent is to be ensured by the Department of Human Services (DHS).  House Bill 4650 (Glardon) would include the Resource Families Bill of Rights Law under areas in which the Children's Ombudsman can investigate alleged violations.

Close WBW loophole
SB 114 (GREGORY), Passed: 98-12
Next: Returned to the Senate
SB 114 would close what is commonly referred to as the "WPW loophole" by revising assessments of certain commercial rental property by removing the ability to adjust taxable values upwards or downwards based on changes in occupancy.

Amend Insurance Code to exempt some travel insurance sellers
SB 418 (Hune), Passed: 107-3
Next: Returned to the Senate
The bill would amend the Insurance Code to exempt a person who sold travel insurance only in conjunction with and incidental to planned travel from the requirement to obtain an insurance provider license. The bill specifies that travel insurance would not include major medical plans that provide comprehensive medical protection for travelers with trips lasting six months or longer, such as those working overseas as expatriates or military personnel being deployed.

Reestablish the State Survey and Remonumentation Commission
SB 472 (H-2) (Walker), Passed: 110-0
Next: Returned to the Senate
Senate Bill 472 (H-2) reestablishes the State Survey and Remonumentation Commission as a seven-member Commission; makes various changes to the county plans required to be submitted and implemented; requires the Department of Licensing and Regulatory Affairs (LARA) to promulgate rules; adds definitions of “original public land survey corner,” “property controlling corner,” and “protracted public land survey corner;” and makes various changes to the grant program administered for these plans.

Reinstate Use Tax for Medicaid managed care and amend HICA rate
SB 893 (S-3) (Kahn), Passed: 86-24
SB 913 (Khan), Passed: 110-0
Next: Returned to the Senate
SB 893 would amend the Use Tax Act to reinstate the Use Tax for Medicaid managed care organizations. The bill is tie-barred to SB 913, which would amend the Health Insurance Claims Assessment Act by reducing the rate from 1% to 0.75%.

Require life support vehicles be equipped with opioid antagonists
HB 5404 (Crawford), Passed: 109-1
Next: Sent to the Senate for consideration
House Bill 5404 (Crawford) amends several sections of the Michigan Public Health Code to require a medical control authority to develop and adopt protocols to ensure that each life support vehicle that is dispatched and responding to provide emergency medical care is equipped with opioid antagonists. The bill further requires that each emergency services personnel is properly trained to administer opioid antagonists. The protocols would have to be developed and adopted within six (6) months of the effective date of the bill.

Protections for prescribing/dispensing/administering opioid antagonists
HB 5405 (Forlini), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5405 (Forlini) adds two new sections to the Michigan Public Health Code. One section would provide that a person who complies with the proposed new provisions on prescribing and dispensing an opioid antagonist would not be in violation of any of the controlled substance provisions under the Code.
The second proposed new section would provide protection from criminal liability and professional licensing sanctioning for a person who acts in good faith and with reasonable care in administering an opioid antagonist to an individual who he or she believes is suffering an opioid related overdose.

Civil liability protection for opioid antagonist administrator
HB 5406 (Forlini), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5406 (Forlini) amends Public Act 17 of 1963 (Good Samaritan Law) to provide civil liability protection for individuals who, in good faith, believe that another individual is suffering the immediate effects of an opioid-related overdose and who administer an opioid antagonist to that individual. The liability protection would not apply if the conduct of the individual administering the opioid antagonist constitutes willful or wanton misconduct.

Allow prescriber to issue opioid antagonist prescriptions to certain individuals
HB 5407 (Forlini), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5407 (Forlini) amends several sections of the Michigan Public Health Code to allow a prescriber to issue a prescription for and a dispensing prescriber or pharmacist to dispense an opioid antagonist to any of the following: (1) an individual patient at risk of experiencing an opioid-related overdose; (2) a family member, friend, or other individual in a position to assist a person at risk of experiencing an opioid-related overdose; or (3) a person other than an individual who meets certain requirements.

Allow hunting from a personal assistive mobility device
HB 5361 (H-1) (SMILEY), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5361 (H-1) is a bill to allow small game hunting from a personal assistive mobility device. A personal assistive mobility device is defined as "any device, including, but not limited to, one that is battery-powered, that is designed solely for use by an individual with mobility impairment for locomotion and is considered an extension of the individual.”

Exempt mothers breastfeeding in public from being charged with indecent exposure
HB 5591 (Price), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5591 (Price) would exempt mothers who breast feed in public from being charged with indecent exposure.

Exempt mothers breastfeeding in public from being charged with disorderly conduct
HB 5591 (Lyons), Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5592 (Lyons) would exempt mothers who breast feed in public from being charged with indecent or obscene conduct under the disorderly person statute.

Includes unlawful imprisonment as a predicate offense for first degree murder 
SB 409 (Jones), Passed: 104-6
Next: Returned to the Senate
Senate Bill 409 (Jones) adds murder committed in the course of unlawful imprisonment (or attempt thereof) to the list of offenses that would be considered first degree murder, for which the penalty is life in prison without any chance of parole.

Increase minimum wage
SB 934 (Richardville), Passed: 76-34
Next: Returned to the Senate
This bill would repeal Michigan’s Minimum Wage Law of 1964 and replace it with the Workforce Opportunity Wage Act, which will result in increasing the minimum wage to $9.25 by 2018.

Lift lifeguard requirement for certain health and wellness center pools
HB 5247 (Nesbitt), Passed: 108-0
Next: Sent to the Senate for consideration
The bill amends the Public Health Code to exempt certain hospital-owned health and wellness center pools from a lifeguard requirement.

Designate portion of M-57 as “Joseph Prentler Memorial Highway”
HB 5543 (Outman), Passed: 108-0
Next: Sent to the Senate for consideration

House Bill 4985 designates M-57 within Montcalm County as the “Joseph Prentler 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.

Tuesday, May 27, 2014

House of Representatives Week in Review: May 20th - May 22nd

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

Require DCH to use process for maximum allowable cost pricing reconsiderations
SB 656 (S-4) (Caswell), Passed: 110-0
Next: Returned to Senate
The bill would amend the Social Welfare Act to require the Department of
Community Health (Department) and contracted health plans to use a process for maximum allowable cost pricing reconsiderations that would have to be available and provided to providers and pharmacists.

Include dentists in the Michigan Essential Health Provider loan repayment program
SB 648 (S-1) (Moolenaar), 104-6
SB 649 (Marleau), Passed: 105-5
Next: Returned to Senate
Senate Bills 648 and 649 (Moolenaar, Marleau) modify the Michigan Essential Health Provider program to include dentists in the loan repayment program; increase the annual loan repayment amount to $40,000 per participant; remove a four-year maximum for participation; cap total loan repayment amount to $200,000 per participant; and allow eligible dentists to participate in the minority grant program.

Require LARA to grant temporary licenses to spouses of active military members
SB 741 (Schuitmaker), Passed: 110-0
SB 742 (Schuitmaker), Passed: 110-0
Next: Returned to the Senate
The bill would amend the Occupational Code to require the Department of Licensing and Regulatory Affairs to grant a temporary occupational license or registration to a person license or registered in another jurisdiction who is married to an active duty member of the armed forces stationed in Michigan.

Allow for extended care services in a swing bed in certain cases
SB 446 (Booher), Passed: 107-1
Next: Returned to the Senate
The bill would amend a provision of the Public Health Code that prohibits a hospital from providing extended care services in a swing bed if the hospital owns or operates a long-term care unit that has beds available.

Clarify when closed meetings may occur as pertains to the Open Meetings Act
HB 5193 (McMillin), Passed: 96-12
Next: Sent to the Senate for consideration
HB 5193 amends the Open Meetings Act to make it clear that a closed meeting held by a public body for purposes of trial or settlement strategy may only occur in connection with current, pending litigation.

Amend OMA to prohibit a public body’s decisions from being used as a defense
HB 5194 (McMillin), Passed: 90-17
Next: Sent to the Senate for consideration
HB 5194 amends the Open Meetings Act to state that reenactment of a public body’s decision cannot be used as a defense to criminal or civil action against a public official who is accused of violating the Open Meetings Act.

Naming a portion of M-153 “Firefighter Brian Woehlke Memorial Highway.”
HB 4985 (KOSOWSKI), Passed: 107-0
Next: Sent to the Senate for consideration
House Bill 4985 designates M-153 (Ford Road) in Wayne County, between
Newburgh Road and Wayne Road, as the “Firefighter Brian Woehlke 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.

Phase out driver responsibility fees
HB 5414 (Haveman), Passed: 108-0
HB 5501 (TALABI), Passed: 108-0
Next: Sent to the Senate for consideration
These bills phase out and ultimately repeal the often criticized driver responsibility fees and their related effects. House Bill 5414 (Haveman) phases out the assessments and repeals them effective in FY 2017-18. House Bill 5501 (TALABI) removes driver responsibility fees from the licensing sanctions under the enhanced driver license.

Exempts individuals from wearing helmets while operating ORV on own land
HB 5191(S-3) (Rendon), Passed: 101-9
Next: Sent to Governor’s office
House Bill 5191 (S-3) would create an exemption to the helmet and protective eyewear requirement when the property owner or other specific individuals are operating an ORV on their own land.

Prohibit renewal of DIA Millage
HB 5571 (Goike), Passed: 66-44
Next: Sent to the Senate for consideration
This bill is part of the Detroit settlement package, which is made up of eleven bills, seven of which provide additional oversight and four of which provide for state support of the settlement. House Bill 5571 (Goike) amends the Art Institute Authorities Act to prohibit renewal of the DIA millage that was approved to be levied in 2012. Under current law, an Art Institute Authority may levy a property tax of up to 0.2 mills for twenty years if the majority of the electors in the county voting on the tax approve it. In 2012, Macomb, Wayne, and Oakland counties approved a DIA millage of 0.2 mills for ten years. The bill would only allow the millage to be levied for up to ten years, and a new tax or its renewal will not be authorized after December 31, 2012 unless the art institute is municipally owned (which, once the Plan for Adjustment is approved, the DIA is anticipated to become a non-profit entity). This would prohibit renewal of the DIA millage approved in 2012.

Allows courts to appoint “parent coordinators” to resolve disputes
HB 5082 (H-1)(Heise), Passed: 106-4
Next: Sent to the Senate for consideration
House Bill 5082 (Heise) allows courts to appoint “parent coordinators” to resolve parenting disputes. According to Association of Family and Conciliation Courts, parent coordination is a child focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assist high conflict parents with implementing their parenting plan, facilitating the resolution of disputes in a timely manner, and making decisions within the scope of the court order or appointment contract. There are some jurisdictions in Michigan that currently employ parent coordination to resolve disputes, however, there are no standards in place for it.

Regulate use of collaborative law
SB 714 (Schuitmaker), Passed: 101-9
Next: Returned to Senate
Senate Bill 714 (Schuitmaker) creates the “Uniform Collaborative Law Act (UCLA)” to regulate the use of collaborative law. Collaborative law is a form of alternative dispute resolution, where disputing parties and their attorneys work together to find an equitable resolution to a family law or domestic relations dispute.

Create article of Uniform Securities Act regarding Michigan Investment Markets
HB 5273 (H-4) (Jenkins), Passed: 110-0
Next: Sent to the Senate for consideration
This bill would create a new article of the Uniform Securities Act regarding Michigan Investment Markets, a type of local stock exchange.

Extend deadline to switch to the Qualified Forest Program
SB 59 (H-1)(Booher), Passed: 107-3
Next: Returned to the Senate
Senate Bill 59 is a bill to extend the deadline for individuals to switch from Commercial Forest Act (CFA) to the Qualified Forest Program (QFP) without penalty.

Prevent county road commissions from allowing installation of certain docks
SB 680 (S-1) (Kowall), Passed: 103-7
Next: Returned to the Senate
This bill would prevent county road commissions from allowing the installation and use of seasonal public docks or wharfs at public road ends.

Allow fur dealers to obtain beaver trapping licenses
SB 759 (Casperson), Passed: 102-8
Next: Returned to Senate
Senate Bill 759 (Casperson) amends the Natural Resources and Environmental Protection Act to eliminate the prohibition that keeps licensed fur dealers from obtaining licenses to trap beavers.

Establish the “Sexual Assault Kit Evidence Submission Act”
HB 5445 (H-1)(Walsh), Passed: 110-0
Next: Sent to Senate for consideration
House Bill 5445 (H-1) (Walsh) establishes the “Sexual Assault Kit Evidence Submission Act.”

Restrict DEQ testing of backflow on installed residential lawn sprinkler
HB 5317 (H-1) (McCready), Passed: 60-50
HB 5318 (H-3) (McCready), Passed: 81-29
Next: Sent to the Senate for consideration
House Bills 5317 (H-1) and 5318 (H-3) (McCready) will reduce the number of times the Department of Environmental Quality (DEQ) can require testing of a backflow preventer on an already installed residential lawn sprinkler system.

Repeal registration regulations pertaining to auctioneers
SB 476 (H-1) (Hildenbrand), Passed: 106-4
SB 477 (H-1) (Hildenbrand), Passed: 105-5
Next: Returned to the Senate
Senate Bill 476 (Hildenbrand) amends the Occupational Code to repeal the registration and regulations relating to auctioneers, the section providing for the Board of Auctioneers, and the requirement that LARA issue a registration to a registered auctioneer.

Remove requirement for LARA to maintain list of interior designers in Michigan
SB 479 (H-1) (Jansen), Passed: 104-6
Next: Returned to the Senate
Senate Bill 479 (H-1) (Jansen) amends the Occupational Code to repeal sections that apply to the licensing and regulation of interior designers. Under this bill, LARA will no longer be required to maintain a list of interior designers in Michigan. This bill also repeals the section of the Occupational Code that created an advisory subcommittee on interior design.

Establish Michigan Financial Review Commission Act to oversee Detroit fiscal operations
HB 5566 (H-3) (Walsh), Passed: 103-7
Next: Sent to the Senate for consideration
House Bill 5566 would establish the Michigan Financial Review
Commission Act which would create a nine-member commission to oversee the fiscal operations of the City of Detroit including, but not limited to, finances, budgets, debt issuance, and revenue estimates.

Require Detroit to appoint chief financial officer, adopt four-year financial plans, require compliance with MFRCA, and hold Consensus Revenue Estimating Conference
HB 5567 (H-2) (KIVELA), Passed: 105-5
Next: Sent to the Senate for consideration
This bill is part of the Detroit settlement package, which is made up of eleven bills, seven of which provide additional oversight and four of which provide for state support of the settlement. This bill adds financial security strings to the bankruptcy settlement by requiring Detroit to appoint a chief financial officer, require compliance with the Michigan Financial Review Commission Act (HB 5566 (Walsh)), mandate adoption of yearly four-year financial plans, and require Detroit to hold biannual Consensus Revenue Estimating Conference (CREC) modeled after the state CREC.

Require Detroit to restrict pension benefits to city employees
HB 5568 (H-2) (Haines), Passed: 85-25
Next: Sent to the Senate for consideration House Bill 5568 amends the Home Rule City Act to require Detroit to restrict the calculation of pension benefits of city employees under an existing defined benefit system to base pay for future years of service, and restrict the city from contributing more than seven percent of an employee’s base pay to an appropriate retirement account.

Prevent Detroit from opting out of 80/20 health insurance
HB 5569 (LaFontaine), Passed: 100-10
Next: Sent to the Senate for consideration
House Bill 5569 would amend the Publically Funded Health Insurance
Contribution Act to prevent the Detroit City Council and Mayor from opting out of the 80/20 employee health insurance.

Require city’s retirement system to establish investment committee
HB 5570 (H-3) (Yonker), Passed: 105-5
Next: Sent to the Senate for consideration
House Bill 5570 would amend the Public Employee Retirement System Investment Act to require the city's retirement system to establish an investment committee, which would select, monitor, and evaluate the system's chief financial officer and its advisors and consultants. The bill adds some expense reporting requirements and also puts restrictions on travel for the Boards.

Provide FRC ability to provide information on finances of local government
HB 5576 (H-2)(Haveman), Passed: 98-12
Next: Sent to the Senate for consideration
House Bill 5576 (H-2) (Haveman) amends PA 312 of 1969, which deals with binding arbitration for police and fire, to make a complementary change to the law to provide the Financial Review Commission (FRC) the ability to submit to the arbitration panel supplemental information on the financial position of the local unit of government.

State financial support to Detroit pension systems
HB 5574 (STALLWORTH), Passed: 74-36
HB 5575 (DURHAL), Passed: 75-35
HB 5572 (Olumba), Passed: 75-35
HB 5573 (TALABI), Passed: 77-33
Next: Sent to the Senate for consideration
These bills are part of the Detroit settlement package, which is made up of eleven bills, seven of which provide additional oversight and four of which provide for state support of the settlement. HB 5572-5574, along with HB 5575, comprise the state support of the package, by appropriating and distributing a lump sum payment to the pension systems out of the rainy day fund and providing a mechanism by which the state will pay itself back.

Modify number of charter commissioners for large charter counties
HB 5457 (LANE), Passed: 108-1
Next: Sent to the Senate for consideration
House Bill 5457 (LANE) amends PA 293 of 1966, which deals with the establishment of charter counties, to modify the number of charter commissioners for counties of over 600,000 in population. Current law sets the number of charter commissioners for these counties as between 25 and 35. Under the bill, the number of charter commissioners could not exceed 35.

Excludes industrial hemp from the definition of marihuana
HB 5439 (Daley), Passed: 109-0
HB 5440 (Pettalia), Passed: 108-1
Next: Sent to the Senate for consideration

House Bill 5439 is a bill to authorize the growing and cultivating of industrial hemp for research purposes at colleges or universities and to authorize the receipt and expenditure of funding for research related to industrial hemp. House Bill 5440 updates the Public Health Code to exclude industrial hemp from the definition of marihuana.