House of Representatives Week in Review: December 8th - December 12th

Hello Friends,

Below is a list of the legislation that came before the House this week (December 8th through December 12th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have any questions or thoughts about any of the below bills.

Thank you!

Andy Schor

State Representative
68th District

Passed 12/8 – 12/12

Permit Corrections to award a certificate of employability.
HB 5216 (S-1), 12/9/14, Passed: 109-0
This bill permits the Department of Corrections to award a certificate of employability to a former offender in certain instances. It is part of a “Parolee Hiring Package” that includes HB 5217 and HB 5218.

Limits liability of an employer if employee has a certificate of employability from MDOC

HB 5217 (S-1), 12/9/14, Passed: 65-44
This bill severely limits the liability of an employer if the employee has a certificate of employability. This bill is tie-bared to HB 5216 and is part of the greater Parolee Hiring Package with HBs 5216 and HB 5218.

Allows LARA to consider a certificate of employability when making licensing decisions

HB 5218, 12/9/14, Passed: 109-0
HB 5218 applies to applications for licensing that require proof of good moral character. In such cases, if a judgment of guilt in a criminal prosecution is used as evidence in the determination of an individual’s good moral character, the licensing board or agency must also consider the individual’s certificate of employability.

Allows a temporary traffic control signal to be located on, over, or adjacent to the traveled portion of the roadway

SB 1092, 12/9/14, Passed: 109-0
Allow a temporary traffic control signal to be located on, over, or adjacent to the traveled portion of the roadway. Current law requires all signals to be placed only over the traveled portion of a roadway.

Updates relating to appraiser qualification criteria and the professional appraisal practice

HB 5860 (H-2), 12/9/14, Passed: 109-0
HB 5860 (H-2) amends sections of the Occupational Code relating to appraiser qualification criteria and the professional appraisal practice.

Allows DNR to purchase certain property from Commerce Twp.

HB 5952, 12/9/14, Passed: 109-0
Creates a new Act to allow the DNR to purchase certain property from Commerce Township, and subsequently reconvey the property to the township with a modified public use requirement.

Allow DTMB to sell space on the state's public safety communications towers

HB 4237 (H-4), 12/9/14, Passed: 107-2
House Bill 4237 would amend the act pertaining to the Michigan Public Safety Communications System (MPSCS) to allow the Department of Technology, Management, and Budget (DTMB) to sell space on the state's public safety communications towers (collocation) to both private and public entities, with certain restrictions.

Adopt Standard Valuation Model Law that was approved by the National Association of Insurance Commissioners

HB 5932, 12/9/14, Passed: 102-7
HB 5932 adopts the 2009 NAIC revisions to the Standard Valuation Law, including the adoption of a new manual for valuing life insurer reserves and a principle-based approach to determining reserve levels and a group-wide supervision standard for international insurance companies.

Allows liquor licensing and transfer fees to prorate quarterly

HB 4573 (H-2), 12/9/14, Passed: 97-12
House Bill 4573 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 a licensee. The substitute will include an effective date of six months after passage of the bill.

Creates Governor appointed “Human Trafficking Health Advisory Board”

SB 596 (H-1), 12/9/14, Passed: 97-12
Creates a seven member Governor appointed “Human Trafficking Health Advisory Board” (“Board”) to address the medical needs of human trafficking survivors.

Prohibits student athletes from collective bargaining

HB 6074, 12/9/14, Passed: 59-50
Prohibit student athletes from being represented by a collective bargaining agreement.

Creates fundraising license plates for the Girl Scouts of America

HB 4101 (H-1), 12/10/14, Passed: 107-1
Requires the Secretary of State to develop and issue a fundraising license plate recognizing the Girl Scouts of America.

Creates fundraising license plate for the “Thin Blue Line”

HB 5245, 12/10/14, Passed: 108-0
Establishes a new fundraising license plate for the nonprofit organization, Thin Blue Line of Michigan, which provides assistance to families of deceased or injured officers of public safety agencies.

Creates fundraising plate for the “Be a Match” organization

SB 903 (S-1), 12/10/14, Passed: 108-0
Establishes a “Be the Match” fundraising license plate to support the “Be the Match” bone marrow donation organization.

Allow a foreclosing entity to provide notice of forfeiture online or inserted into a notice publication

HB 4298 (H-2), 12/10/14, Passed: 75-33
This bill amends the notice provisions for tax forfeitures and tax foreclosures to allow a foreclosing entity to provide notice of forfeiture online or inserted into a notice publication. The bill would provide requirements for notices inserted into notice publications.

Authorize the legal use on public roads of a commercial quadricycle

HB 5408, 12/10/14, Passed: 102-7
Authorize the legal use on public roads of a commercial quadricycle.

Allow for quadricycle passengers to transport alcohol in an open container
HB 5409 (H-2), 12/10/14, Passed: 97-12
Allow for the transport of alcohol by quadricycle passengers in an open container unless prohibited by a local ordinance.

Allow the State Treasurer to disclose the address of housing units that are part of a housing project exempt from property taxes under MSHDA

HB 5831 (H-2), 12/10/14, Passed: 109-0
House Bill 5831 (H-1) amends the Revenue Act to allow the State Treasurer to disclose the address of housing units that are part of a housing project exempt from property taxes under the State Housing Development Authority Act or under the auspices of a Municipal Housing Commission, and whether the unit is subject to a service charge in lieu of property tax. The bill further allows the Treasurer to disclose the millage rates of property taxes.

Prohibit individuals with certain property violations from receiving property at a tax auction    

HB 5960 (H-2), 12/10/14, Passed: 108-2
Prohibit an individual that has delinquent property taxes, special assessments, or blight violations from receiving property at a tax auction.

Alters amount of LIHEAP that must be used for weatherization

HB 4544 (H-2), 12/10/14, Passed: 92-17
House Bill 4454 (H-1) amends the Income Tax Act of 1967 to alter the amount of federal Low Income Home Energy Assistance Program (LIHEAP) that must be used for weatherization. Under current law, the amount used for weatherization from LIHEAP funds cannot exceed $9.0 million less the amount used for weatherization from the emergency contingency funds received in the immediately preceding years.

Modify state employees’ investment committee duties to be in line with the Detroit Bankruptcy Plan of Adjustment

HB 5961, 12/10/14, Passed: 108-2
House Bill 5961 would change some terms in Section 13g of the Public Employee Retirement System Investment Act to make the Act consistent with the Detroit Bankruptcy Plan of Adjustment.

Cap county treasurer charges for electronic copies of records at 25 cents per record

HB 5822 (H-1), 12/10/14, Passed: 110-0
House Bill 5822 (H-1) amends PA 161 of 1895, which requires county treasurers to provide certain transcripts and records for a fee, to cap the fee charged for the provision of electronic copies. Under current law, county treasurers must provide copies of certain records on payment of specific fees. The bill would cap charges for electronic copies of records in a qualified data file at 25 cents per record, not to exceed $1,500.00 for each request. These copies could not be resold for commercial purposes.

Increases fire insurance withholding maximum escrow

HB 5862, 12/10/14, Passed: 97-13
Increases the maximum amount municipalities may withhold and escrow from an insurance settlement to take action on fire-damaged property. Under current law, the maximum amount that the municipality may withhold is $8,426, and the bill would increase this maximum to $12,000, annually adjusted to inflation thereafter.

Expand the authority of District Court Magistrates to issue arrest and search warrants

SB 845 (S-1), 12/10/14, Passed: 97-13
Amends MCL 764.1 of the Code of Criminal Procedure to allow both judges and district court magistrates to issue arrest warrants. Under current law, MCL 764.1 allows only “magistrates” to issue arrest warrants.

Expand the authority of District Court Magistrates to issue arrest and search warrants electronically

SB 931, 12/10/14, Passed: 96-14
Expand the authority of District Court Magistrates to issue arrest and search warrants electronically.

Allow a district court magistrate to hear and preside over motions to set aside defaults or withdraw admissions

SB 932 (S-1), 12/10/14, Passed: 96-12
Allow a district court magistrate to hear and preside over motions to set aside defaults or withdraw admissions.

Creates a process under which an individual’s rights to a specific cemetery space are terminated

HB 4890 (S-3), 12/11/14, Passed: 105-2
House Bill 4890 (H-3) creates a process under which an individual’s rights to a specific cemetery space are terminated.

Allow for a county clerk to determine which electronic voting system will be used in that clerk’s county

HB 5667, 12/11/14, Passed: 99-8
House Bill 5667 would amend the Michigan Election Law to allow a county clerk, in consultation with each of the city, township, and village clerks located in that particular county, to determine which electronic voting system will be used in the county.

Amend procedures by which a lottery prize winner’s liabilities are deducted

SB 528 (H-1), 12/11/14, Passed: 104-3
Senate Bill 528 (H-1) amends the procedures by which a prize winner’s liabilities are deducted from his or her lottery prize.

Allow a vehicle load width of up to 108 inches for a vehicle hauling ferrous pipe

SB 940 (S-1), 12/11/14, Passed: 106-1
Senate Bill 940 (S-1) allows a vehicle load width of up to 108 inches for a vehicle hauling ferrous pipe, which is longer than the normal statutory limit of 96 inches. The 108 inch limit currently applies to concrete pipe, agricultural products, and unprocessed logs, pulpwood, or wood bolts.

Amends various parts of the Vehicle Code

HB 4630 (S-3), 12/11/14, Failed: 1-106
House Bill 4630 (S-3) amends the Vehicle Code, including but not limited to: eliminating the depreciation allowance on the vehicle registration tax paid on passenger vehicles registered on or after January 1, 2016; redirecting revenue from late payment fees on registration renewals from the General Fund to the Michigan Transportation Fund (MTF); requiring that a person immediately pay the difference in registration tax when transferring a plate to a higher-priced vehicle; increasing the registration tax for historic plates, dealer plates, mopeds, and motorcycles; eliminating certain special registration categories with reduced tax rates; and increasing certain service fees and redirecting certain fee revenue to the Transportation Administration Collection Fund to support Secretary of State administrative costs.

Senate Changes: The S-3 substitute makes several changes to the House-passed bill. Key changes include: eliminating the depreciation allowance on the vehicle registration tax paid on passenger vehicles as of January 1, 2016; increasing the registration tax for historic plates, mopeds, and motorcycles; requiring additional dealer plates to be purchased at a higher registration rate; eliminating special registration categories for hearses, moving vans, and passenger-for-hire vehicles; eliminating House language excluding vehicles under 8,000 pounds from reduced tax rates in various special registration categories; increasing certain service fees and redirecting certain fee revenue to the Transportation Administration Collection Fund to pay for Secretary of State administrative costs.

Exempts the sale of gasoline and diesel fuel from the collection of the state sales tax

HB 4539, 12/11/14, Failed: 0-106
House Bill 4539 exempts the sale of gasoline and diesel fuel from the collection of the state sales tax.

Provides for a conveyance of a Calhoun County property

SB 1056 (S-1), 12/11/14, Passed: 104-2
Allow Gov. to request conveyance of certain swamplands in Clarence Township (Calhoun County) from the US to MI, to require DNR to determine the de facto owners of this property, and to convey a portion of the property.

Include human trafficking among offenses that could trigger a nuisance abatement process

HB 5230 (H-3), 12/11/14, Passed: 72-34  
House Bill 5230 (H-3) amends the public nuisance abatement law to list human trafficking among the offenses that could trigger a nuisance abatement process. It also increases the penalty for violating a nuisance abatement order, among other changes.

Revise the definition of firearms so that it aligns with the federal definition

SB 964 (S-2), 12/11/14, Passed: 100-6
SB 965 (H-3), 12/11/14, Passed: 95-11
SB 966 (H-1), 12/11/14, Passed: 98-8
The “Air Gun Reclassification Package” is designed to align Michigan’s definition of “firearm” with the federal definition of “firearm” so that pellet and air guns are excluded from the same licensing and registration requirements as traditional firearms.

Prohibit certain regulations by local governments of air guns

SB 979 (S-2), 12/11/14, Passed: 71-35
Senate Bill 979 (S-2) would prohibit local units of government from regulating pneumatic guns. Under the bill, a “pneumatic gun” would mean “any implement, designed as a gun that will expel a BB or pellet by spring, gas, or air, including a paintball gun that expels pneumatic pressure plastic balls filled paint for the purpose of marking the point of impact.”

Extends the implementation date for regulation of Michigan investment markets

HB 6079, 12/11/14, Passed: 105-1
Changes the effective date of HB 5273 (PA 355’14) to May 1, 2015 to allow the Administration more time to prepare regulations for the microenterprise investing for intrastate transactions authorized by PA 355.

Exempts Ontonagon County from certain ambulance licensing requirements

HB 5454, 12/11/14, Passed: 95-11
The bill amends the Public Health Code to exempt only Ontonagon County from the licensing requirements that ambulance service provide advanced life support on a 24- hour-a-day, 7-day-a-week basis.

House of Representatives Week in Review: December 1st - December 5th

Hello Friends,

If you haven’t already updated yourself, here’s a list of the legislation that passed the House last week (December 1st through December 5th). 

Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have any questions or thoughts about any of the below bills.

Thank you!

Andy Schor

State Representative
68th District

Passed 12/1 – 12/5

Revises the number of copies of the journal of the senate and the house to be printed
HB 5610, 12/2/14, Passed: 106-3
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.

General amendments to the Debt Management Act

SB 664 (H-1), 12/2/14, Passed: 103-6
Senate Bill 664 would make numerous amendments to the Debt Management Act.

Revises the criteria for the doctoral degree program required for licensure as a psychologist

SB 880 (H-1), 12/2/14, Passed: 109-0
The bill would amend the Public Health Code to revise the criteria for the doctoral degree program required for licensure as a psychologist.

Require DHS to implement one year pilot for suspicion-based drug testing of FIP recipients

HB 4118 (S-1), 12/3/14, Passed: 74-35
Require DHS to implement a one-year pilot program for suspicion-based drug testing of Family Independence Program (FIP) applicants and recipients.

Requires suspicion-based drug testing for public assistance recipients

SB 275 (H-1), 12/3/14, Passed: 75-34
Outline the requirements & consequences of a Family Independence Program assistance applicant/recipient testing positive for a controlled substance under HB 4118.

Restitution for violation of a child support order cannot include certain awards

SB 520 (H-1), 12/3/14, Passed: 106-3
Provides that an order for restitution for violation of a child support order cannot include a separate award for the arrearage amount. The restitution order must reference the support order and direct the individual to pay the unpaid amount in arrearage under the support order in accordance with the support order. The court may impose such terms and conditions in the restitution order as are necessary to ensure compliance with the payment of the arrearage due under the support order. The court may order additional restitution as allowed under the William Van Regenmorter Crime Victim’s Rights Act.

Allows the Friend of the Court to issue subpoenas for show of cause and notice to appear

SB 521 (H-1), 12/3/14, Passed: 100-9
Allows the Friend of the Court to issue subpoenas for show of cause and notice to appear when an individual is in arrears or otherwise noncompliant with a child support order. The bill also amends the process and ramifications a court may take depending on the situation and circumstances of the noncompliance hearing.

Extend the MI-Ind State Line Monumentation Act sunset

SB 712, 12/3/14, Passed: 108-1
Extend the MI-Ind State Line Monumentation Act sunset 3 years to Jan 1, 2018.

Repeals certain child support fees

SB 522 (H-1), 12/3/14, Passed: 109-0
Requires the DHS, the State Disbursement Unit, and each Office of the Friend of the Court to cooperate in a transition to the centralized receipt and disbursement of support and fees. This cooperation timeline was established in the Office of Child Support Act.

Allows Friend of the Court to consider actual caregiver as recipient of child support

SB 526 (H-1), 12/3/14, Passed: 109-0
Allows the Friend of the Court Office to consider the person who is providing the actual care, support, and maintenance of a child as the recipient of support. This bill changes language which referred to a person “legally responsible for a child” for a child to a person “who is providing for” a child.

Modifies allocation and distribution authority pertaining to child support

SB 529 (H-1), 12/3/14, Passed: 109-0
Requires the Office of Child Support to develop and implement guidelines for the allocation and distribution of all child support payments that meet the requirements of Federal law, regulation, or rule.

Modifies the powers and duties of the office of child support

SB 530 (H-1), 12/3/14, Passed: 109-0
Amends the Friend of the Court Act first by deleting sections that require the Friend of the Court Office of the Court to receive payments and service fees. The Office of Child Support will be required to report arrearage amounts to consumer reporting agencies and determine what support information should be provided to consumer reporting agencies. The Office of Child Support must determine the agency receiving the report furnished satisfactory evidence that it actually is a consumer reporting agency.

Expand the age eligibility and participation requirements for youth offenders

HB 4206 (H-5), 12/3/14, Passed: 97-12
House Bill 4206 (H-5) amends the Holmes Youthful Trainee Act (commonly referred to as “HYTA”) to expand the age eligibility and participation requirements for youth offenders.

Eliminates option of placing an individual in prison under the Holmes Youth Trainee Act

HB 5582, 12/3/14, Passed: 100-9
Eliminate a judge’s ability to sentence a Holmes Youth Trainee Act (HYTA) status offender to prison.

Require courts to revoke HYTA status in certain circumstances

HB 5585, 12/3/14, Passed: 103-6
Prohibit a court from assigning HYTA to certain youth offenders. It would also require a court to revoke HYTA-status under certain circumstances.

Allow the State Administrative Board to convey to the state land bank the Western Wayne Correctional Facility

HB 5179, 12/3/14, Passed:106-3
Allow the State Administrative Board to convey to the state land bank all or part of the state-owned Western Wayne Correctional Facility in Plymouth Township for $1.00.

Overhauls public notice posting requirements

HB 5560 (H-2), 12/4/14, Passed: 62-47
Creates a new Act to completely overhaul the public notice (not legal notice) posting requirements for various types of legal and public notices.

Requires city income taxes to be withheld from lottery prizes

HB 5924, 12/4/14, Passed: 99-10
Require city income taxes to be withheld from lottery prize distributions exceeding $5,000, if the claimant resides in a city that has an income tax.

Provides for the continuation of a library in the case of consolidation of participating municipalities

HB 5868, 12/4/14, Passed: 109-0
Stipulates that a district library may continue if a participating municipality is disincorporated, or annexed by or merged into another municipality.

Removes a sunset on the ability of a school district to establish a new district library

HB 5597, 12/4/14, Passed: 109-0
House Bill 5597 amends the District Library Establishment Act to remove a sunset on the ability of a school district to establish a new district library. Under the Act, at least two municipalities, except for two or more school districts that hold their regularly scheduled elections on different dates, may come together to establish and maintain a district library.

Mandates that absences due to religious observance not count against a student’s perfect attendance record

HB 4454, 12/4/14, Passed: 95-14
House Bill 4454 mandates that school districts which recognize or otherwise provide awards/recognition for perfect attendance shall not count any absences due to religious observance against a student.

Creates the “Michigan Religious Freedom Restoration Act”

HB 5958, 12/4/14, Passed: 59-50
House Bill 5958 (Bolger) would create the “Michigan Religious Freedom Restoration Act” to provide, per the bill sponsor, broad protection of the state and federal constitutional right to free exercise of religion.

Specifies that a state or local agency cannot take action against a child placement agency for declining services that conflict with religious beliefs

HB 4927 (H-5), 12/4/14, Passed: 60-49
House Bill 4927 (H-4) specifies that the state or local agency cannot discriminate or take adverse action against a child placement agency because an agency has declined to provide services that conflict with the agency's sincerely held religious beliefs in a written policy, statement of faith, or other document adhered to by the child placing agency.

Prevent child placement agencies from having to provide services that conflict with religious beliefs

HB 4928 (H-6), 12/4/14, Passed: 59-50
HB 4991 (H-4), 12/4/14, Passed: 59-50
House Bill 4928 (H-4) & House Bill 4991 (H-3) prevent a child placing agency from having to provide services related to adoption or foster care if the services conflict with an agency's sincerely held religious beliefs contained in a written policy, statement of faith, or other document. A state or local agency cannot discriminate or take adverse action against an agency on the basis that the agency has declined or will decline to provide services because of the agency's written religious beliefs.

Exempts certain conservation easements from property tax

SB 113 (H-1), 12/4/14, Passed: 93-16
Excludes from a “pop-up” tax increase a conveyance of land under a will or trust or by intestate succession if the land were made subject to a conservation easement or made eligible as a qualified conservation contribution before the conveyance.

Prohibit person from operating an off-road vehicle with a BAC of 0.08 or higher

HB 4445, 12/4/14, Passed: 87-22
HB 4446, 12/4/14, Passed: 85-24
Prohibit a person from operating an off-road vehicle with a blood alcohol content of 0.08 grams or any bodily amount of a schedule 1 controlled substance.  HB 4446 outlines the sentencing guidelines.

Prohibit person from operating watercraft vessels with a BAC of 0.08 or higher

HB 4441, 12/4/14, Passed: 85-25
HB 4442, 12/4/14, Passed: 84-25
Prohibit a person from operating watercraft vessels with a blood alcohol content of 0.08 grams or any bodily amount of a schedule 1 controlled substance. HB 4442 outlines the sentencing guidelines.

Prohibit person from operating a snowmobile with a BAC of 0.08 or higher

HB 4443, 12/4/14, Passed: 85-24
HB 4444, 12/4/14, Passed: 84-25
Prohibit a person from operating a snowmobile with a blood alcohol content of 0.08 grams or any bodily amount of a schedule 1 controlled substance. HB 4444 outlines the sentencing guidelines.

Re-establishes a sentencing guidelines commission in Michigan

HB 5928, 12/4/14, Passed: 105-4
Re-establishes a sentencing guidelines commission in Michigan. It will be called the “Criminal Justice Policy Commission” and have the general task of monitoring changes to Michigan’s sentencing practices and potential impact.

Makes revisions to the “Community Corrections Act”

HB 5929, 12/4/14, Passed: 105-4
Makes revisions to the “Community Corrections Act,” which provides locally-operated alternatives to criminal offenders, as opposed to incarceration in prison.

Allows courts more flexibility when sentencing criminal defendants to probation

HB 5930, 12/4/14, Passed: 96-13
Allows courts more flexibility when sentencing criminal defendants to probation for misdemeanor convictions.

Provides for presumptive parole in Michigan

HB 5931, 12/4/14, Passed: 91-18
Provides for presumptive parole in Michigan. With presumptive parole, the Michigan parole board must parole a prison inmate when he or she has served the minimum sentence imposed by the sentencing court.

Expand the expungement statute to allow certain adults to have more crimes removed from their criminal records

HB 4186 (H-5), 12/4/14, Passed: 109-0
Expand the set aside (expungement) statute to allow certain adult offenders to have more crimes removed from their adult criminal records. The (H-5) substitute nearly mirrors House Bill 5545.

Expand the potential use of waste to energy facilities and technologies

HB 5205 (H-3), 12/4/14, Passed: 63-46
Expand the potential use of waste to energy facilities & technologies and also amend the definition of renewable energy resource.

Road Funding Package

HB 4539, 12/4/14, Passed: 56-53

Modifications to the Motor Fuel Tax Act

HB 5477, 12/4/14, Passed: 58-51
HB 5477 (S-13) amends the Motor Fuel Tax Act to, beginning April 1, 2015, increase motor fuel taxes and change the method of taxation from a fixed cents-per-gallon tax on gasoline (19 cents per gallon) and diesel (15 cents per gallon) to an annually adjusted cents-per-gallon rate based on a designated percentage of the average wholesale price of gasoline.

Allow private employees to adopt and apply voluntary veterans’ preference employment

HB 5418 (H-1), 12/4/14, Passed: 110-0
The bill would create the “Private Employer’s Veterans’ Preference Policy Act” to allow private employees to adopt and apply a voluntary veterans’ preference employment policy.

Provides regulations for large scale dog breeding kennels

HB 5095 (H-2), 12/4/14, Passed: 83-27
Provide regulations for large-scale dog breeding kennels.

Mandate that surplus snow removal equipment must first be offered to local units of government

HB 5204, 12/4/14, Passed: 110-0
This bill would clarify the disposal of state surplus snow removal equipment by mandating that the equipment be first offered to local units of government before auctioning it, donating it, or otherwise disposing of it.

Modifies the qualified film production tax credit

SB 1103 (H-1), 12/4/14, Passed: 73-37
Revises the film incentive program to change the expenses that may be reimbursed by funds already appropriated to the program.

House of Representatives Week in Review: November 10th - 14th

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

Include human trafficking in offenses that could trigger a nuisance abatement process

HB 5230, 11/12/14, Passed: 77-33
Amends the public nuisance abatement law to list human trafficking among the offenses that could trigger a nuisance abatement process. It also increases the penalty for violating a nuisance abatement order, among other changes.

Reduce the meeting requirement of the Electronic Recording Commission

HB 5812, 11/12/14, Passed: 108-0
Amends the Uniform Real Property Electronic Recording Act to reduce the meeting requirement of the Electronic Recording Commission from quarterly to annually.

Revise state definition of “firearm” so that certain devices aren’t included

HB 5450, 11/12/14, Passed: 106-2
Aligns the state definition of “firearm” with the federal definition so that devices such as pellet and air-soft guns will not be classified as firearms.

Removes unnecessary statutory references from the state gun law

HB 5748, 11/12/14, Passed: 106-2
Removes a statutory reference from the state gun law. The reference is no longer law due to legislation enacted last session.

Repeal penalties for minors who possess a BB gun without adult accompaniment

HB 5749, 11/12/14, Passed: 102-6
Repeals the regulation of and criminal penalty (misdemeanor) for minors who possess a BB gun without being accompanied by an adult. 

Revise penal code definition of “firearm” so that certain devices aren’t included

HB 5750, 11/12/14, Passed: 101-7
Amends the Michigan Penal Code to align the state definition of “firearm” with the federal definition so that devices such as pellet and air-soft guns will not be classified as firearms.

Expands the annual reporting requirements for the Michigan Strategic Fund

HB 4480, 11/13/14, Passed: 107-3
Expands the annual reporting requirements for the Michigan Strategic Fund.

Clean ups to the Michigan Strategic Fund package

HB 4481, 11/13/14, Passed: 106-1
Implements essentially a “clean up” bill in the Michigan Strategic Fund package.

Expands powers given to the Michigan Strategic Fund

HB 4482, 11/13/14, Passed: 77-30
Expands the powers given to the Michigan Strategic Fund (MSF) under the Michigan Strategic Fund Act.

Designates an M-64 bridge as the "Ontonagon County Veterans Memorial Bridge”

HB 5715, 11/13/14, Passed: 107-0
Designates the bridge on M-64 over the Ontonagon River as the "Ontonagon County Veterans Memorial Bridge.”

FY 13-14 and FY 14-15 supplemental appropriations

SB 781, 11/13/14, Passed: 92-15
Senate Bill 781 is a multidepartment multiyear supplemental, including a fiscal year 2013-2014 year-end supplemental and a fiscal year 2014-2015 mid-year supplemental. For FY 13-14, these supplemental adjustments reduce the state budget by $450.1 million in total gross appropriations ($45.2 million GF/GP). However, most of these reductions are driven by caseload adjustments in the Department of Community Health and the Department of Human Services. For FY 14-15, these supplemental adjustments increase the state budget by $43.4 million in total gross appropriations ($30.4 million GF/GP). The largest portion of this increase is associated with the recent flooding in southeast Michigan.

Exempts certain mining operations from the inland lakes and streams permit requirement

HB 4401, 11/13/14, Passed: 68-39
Exempts certain mining operations from the inland lakes and streams permit requirement.

Creates a loan program for information, communications, and technology improvements

HB 4157, 11/13/14, Passed: 90-17
Creates a loan program for information, communications, and technology improvements. It essentially codifies existing boilerplate for the Department of Technology, Management, and Budget within the General Government budget.

Extend term of installment contracts for Community College energy conservation improvements

HB 5806, 11/13/14, Passed: 106-1
The Community Colleges Act allows energy conservation improvements to be made to community college facilities which can be paid for by an installment contract or issuing notes. The Act states that an installment contract or notes issued shall extend for a period of time not to exceed 10 years. Under House Bill 5806, the time could not exceed 25 years from the date of energy conservation improvements.

Extends the sunset for a county board of commissioners to assume powers of a road commission

HB 5117, 11/13/14, Passed: 99-8
HB 5118, 11/13/14, Passed: 99-8
These two bills extend the January 1, 2015 sunset on the authority of a county board of commissioners to assume the powers, duties, and functions of a county road commission to January 1, 2018.

Limits liens attached to properties in certain special assessment situations

HB 5202, 11/13/14, Passed: 106-1
Specifies that if a township board provides that a special assessment is payable in installments, then the amount of any lien on the parcel is limited to each individual installment and shall not attach to the property until that individual installment is due.

Require courts to receive a mother’s affidavit as evidence of the father’s identity or location

HB 5825, 11/13/14, Passed: 107-0
Requires courts to receive a mother’s affidavit or verified written declaration in lieu of live testimony as evidence of the identity and whereabouts of the child’s father. If the court determines the affidavit or verified written declaration is insufficient, the court must allow amendment of the affidavit or verified written declaration.

Allows compensation of a member on a library board of directors

HB 5617, 11/13/14, Passed: 103-4
Allows compensation of a member on a library board of directors, up to $30 per meeting for up to 52 meetings per year.

Updates the definition of “public nudity” to exclude expressing breast milk

HB 5678, 11/13/14, Passed: 106-0
HB 5679, 11/13/14, Passed: 106-0
HB 5680, 11/13/14, Passed: 106-0
HB 5681, 11/13/14, Passed: 106-0
Updates the definition of “public nudity” to exclude expressing breast milk. Local laws already exclude a woman breastfeeding from the definition of “public nudity,” but updates are necessary to exclude expressing breast milk due to the enactment of HB 5591-5592 (Price, Lyons).

Stipulates that a drainage district has the right to acquire property

HB 5684, 11/13/14, Passed: 103-3
Stipulates that a drainage district has the right to acquire property, by gift, purchase, or eminent domain, among other methods.

Allow a municipality to apply for and petition for establishment of an intercounty drain

HB 5685, 11/13/14, Passed: 106-0
HB 5686, 11/13/14, Passed: 104-2
Amends the procedures for establishing intercounty drainage districts and intercounty drains to allow a municipality to apply for and petition for establishment of an intercounty drain. The (H-1) keeps the current law term of “freeholder” rather than changing it to “landholder,” as “freeholder” is already defined in the Act.

HB 5686 allows county drain commissions to petition for the establishment of an intercounty drainage district or intercounty drain.

Provides greater oversight of mobile home parks

HB 5513, 11/13/14, Passed: 106-0
House Bill 5513 (H-3) (SCHOR) provides greater departmental and local oversight of mobile home parks, as well as improved remedies for health and safety violations.