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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative

68th District

Revision of Procedure for Preliminary Examinations in Criminal Cases and Establishment of a “Probable Cause Conference”

HB 5155 (Walsh), Passed: 110-0

Next: Sent to Senate for consideration
HB 5155 would revise the procedure for preliminary examinations in criminal cases and establish in statue a “probably cause conference,” which is already in practice in many jurisdictions throughout Michigan.

Allowing the City of Lansing to Issue Negotiable Bonds to Refund Other Refunding Bonds

SB 629 (Jones), Passed: 110-0

SB 630 (Jones), Passed: 110-0

Next: Sent to Senate for reconsideration

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

Allowing Copies of a Lost or Destroyed Mortgage to be Effective

HB 4638 (Pettalia), Passed: 106-4

HB 4639 (LANE), Passed: 106-4

HB 4640 (Pettalia), Passed: 106-4

Next: Sent to Senate for consideration
HB 4638, HB 4639 and HB 4640 would allow, in the case of an unrecorded, lost or destroyed mortgage, an affidavit and a copy of the original document to be recorded and have these documents be effective.

Additional Transparency for Michigan’s Audit Procedures

HB 4291 (Farrington), Passed: 108-0

Next: Sent to Senate for consideration

HB 4291 provides additional transparency to Michigan’s audit procedures by requiring Treasury to provide a complete copy of a taxpayer’s audit to the audited taxpayer upon request.

Repealing the Ban on Scalping of Tickets for Sporting and Entertainment Events

HB 5108 (Kelly), Passed: 66-42

Next: Sent to Senate for consideration

HB 5108 amends the Michigan Penal Code to repeal the ban on the scalping of tickets for sporting and entertainment events.

Requiring Individuals with Lottery Winnings of $1,000 or more to repay any Debt to DHS

HB 4855 (Kurtz), Passed: 107-1

Next: Sent to Senate for consideration

HB 4855 requires individuals with lottery winnings of $1,000 or more to repay any outstanding debt to the Department of Human Services (DHS).

Creation of Requirements for the Children’s Ombudsman Office

HB 5039 (Kurtz), Passed: 108-0

Next: Sent to Senate for consideration
HB 5039 will create requirements for the Children’s Ombudsman Office in regards to child fatality investigations linked to child abuse or child neglect.

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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative
68th District

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

Creation of the “Infant Safe Sleep Act”

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

Extension of the Saginaw Renaissance Zone

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

Amendment to the Downtown Development Authority Act to Allow Certain Revenues to be used for the Agricultural Industry

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

Exemption of Helmet Requirement when Property Owner is Operating an ORV on their Land

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

Limiting the Amount of Temporary Motorcycle Instruction Permits

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

Elimination of Requirement that MDOT Sell or Lease Specific Rail Lines

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

Waiver of Requirement that a License Plate Be Displayed on a “Historic Military Vehicle”

SB 463 (Caswell), Passed: 108-0
Next: Sent to Governor for signature
SB 463 waives the requirement that a registration plate be displayed on a vehicle for a “historic military vehicle.”

Definition of “Diverted Waste”

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

Allowing the DNR to Convey the Rogue River Streambank Access for $1.00

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

Granting the use of General Fund/General Purpose funds for Mental Health Services for County Jail Inmates

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

Requiring that Each County have A Written Interagency Agreement to Provide Mental Health Treatment for Individuals at Risk for being incarcerated

SB 558 (Schuitmaker), Passed: 110-0
Next: Sent to Senate for reconsideration
SB 558 requires each county to have a written interagency agreement to provide mental health treatment and assistance to certain individuals at risk for being incarcerated or not receiving treatment while incarcerated or upon discharge.

Date Change for When an Election Must Take Place for a Vacant Local Office

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

Requirement of Disclosure on Issue Advertisements

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

Revision of Procedure for Preliminary Examinations in Criminal Cases and Establishment of a
“Probable Cause Conference”

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

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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative

68th District

Addition of Department of Human Services Employees to the List of Individuals that can Access Restricted Information

HB 5198 (McCready), Passed: 108-1

Next: Sent to Senate for consideration

HB 5198 adds Department of Human Services (DHS) employees involved in a disciplinary action to the list of individuals and groups that can access certain restricted information.

Allowing Property that has been affected by Natural Disasters to have the same Taxable Value

SB 396 (Casperson), Passed: 82-27

Next: Sent to Governor for signature

SB 396 amends the General Property Tax Act to provide for the taxable value of property to remain essentially unchanged if the property were reconstructed in a similar fashion due to an accident or act of God; and specify that construction required to bring the property into code compliance would not increase its taxable value.

Allowing Jail Inmates to be released during the Day for Work, School, or Medical Treatment

SB 581 (Jones), Passed: 109-0
Next: Sent to Governor for signature

SB 581 makes a technical amendment to Public Act 60 of 1962, which is a statute that allows jail inmates to be released during the day so that they may attend school, go to work, or seek medical treatment.

Allowing a Human Trafficking Victim to Apply for Expungements

HB 5025 (Heise), Passed: 109-0

Next: Sent to Senate for consideration
HB 5025 allows a human trafficking victim to apply for expungements of certain offenses from his or her criminal record. 

Elimination of Gender References in Certain Prostitution Statutes

HB 5231 (Graves), Passed: 109-0

HB 5232 (Jenkins), Passed: 107-2

Next: Sent to Senate for consideration
Together, these bills eliminate gender references in certain prostitution statutes and increase penalties for certain offenses.

Requiring Flags Used to Mark Graves of Veterans be American Made

SB 428 (Kahn), Passed: 101-9

Next: Sent to Governor for signature

SB 428 requires that flags used to mark graves of military veterans be American made.

Reduction of the Severance Tax on Oil and Gas from “Enhanced Recovery Methods”

HB 4885 (Nesbitt), Passed: 85-25

Next: Sent to Senate for consideration

HB 4885 is a bill to reduce the severance tax on oil and gas produced by “enhanced recovery methods.”

Expansion of the Definition of “Pipeline”

HB 5254 (Outman), Passed: 93-17

Next: Sent to Senate for consideration

HB 5254 would expand the definition of “pipeline” to include pipelines carrying carbon dioxide gas for enhanced recovery operations (EOR).

Expansion of Condemnation Authority for Pipelines Carrying CO2

HB 5255 (STALLWORTH), Passed: 69-41

Next: Sent to Senate for consideration

HB 5255 would expand condemnation authority for pipelines carrying CO2 for the purposes of enhanced oil recovery.

Allowing Courts to Order Involuntary Treatment for Individuals who present an Imminent Danger

HB 4486 (Walsh), Passed: 102-8

Next: Sent to Senate for consideration

HB 4486 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.

Addition of Carbon Dioxide and Enhanced Recovery Operation Terms

HB 5274 (Pettalia), Passed: 99-11

Next: Sent to Senate for consideration

HB 5274 is a bill to add the carbon dioxide and enhanced recovery operation terms found in House Bill 5254 to the rest of 1929 PA 16.

Prohibition of Mandatory Life in Prison without Parole Sentences for Juveniles

HB 4808 (O’Brien), Passed: 60-50

Next: Sent to Governor for signature

HB 4808 amends several sections of the Michigan Penal Code to prohibit mandatory life in prison without parole (LWOP) sentences for juvenile offenders.

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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative
68th District

Creation of the “Trampoline Court Safety Act”

SB 475 (Hildenbrand), Passed: 57-53
Next: Sent to Senate for reconsideration
SB 475 would create the “Trampoline Court Safety Act” to do the following: (1) Specify requirements that a trampoline court operator and a trampoliner would have to meet; (2) Provide that a person who participated in trampolining would accept the dangers inherent in that activity, insofar as the dangers were obvious and necessary; and (3) Specify that a trampoliner, spectator, or operator who violated the Act would be liable for damages that resulted from the violation.

Addition of “Other School Employees” to Those Capable of Child Abuse and Neglect

HB 4493 (Kesto), Passed: 109-1
Next: Sent to Senate for consideration
HB 4493 would add “other school employees” to the definition of those capable of child abuse and neglect, and to mandate “other school employees” within the reporting requirements of suspected incidents of child abuse or neglect.

Exception for Applying for a Neighborhood Enterprise Zone Certificate

SB 146 (Young), Passed: 93-17
Next: Sent to Governor for signature
SB 146 adds a new exception to the current list of circumstances in which a person may apply for a Neighborhood Enterprise Zone certificate after a building permit has already been issued. Under the bill, a certificate could be obtained for a property in an area that was designed as a Neighborhood Enterprise Zone (NEZ) by the local government in September 2012 and if the building permit was issued for the property after December 1, 2004 and before December 30, 2004.

Amendment to the Brownfield Redevelopment Financing Act

SB 533 (Kahn), Passed: 98-12
Next: Sent to Senate for reconsideration
SB 533 would amend the Brownfield Redevelopment Financing Act to change, for 2013 only, the deadline in the process whereby brownfield redevelopment authorities apply to the Department of Treasury for approval to receive State Education Tax revenues to be used to meet certain debt obligations. The bill would allow, for 2013 only, a brownfield authority to apply for Treasury approval by no later than 30 days after the bill’s effective date instead of the June 1st deadline currently in statute. The bill also changes the standard deadline to June 15th of each year.

Amendment to the Code of Criminal Procedure

HB 5157 (Banks), Passed: 97-13
Next: Sent to Senate for consideration
HB 5157 amends MCL 777.37 of the Code of Criminal Procedure to clarify the level of conduct that a defendant must act with in order for a court to score 50 points toward his or her minimum prison sentence under Offense Variable 7 (aggravated abuse).

Elimination of Mandatory Life in Prison for Juvenile Criminal Defendants

SB 318 (Jones), Passed: 62-48
Next: Sent to Governor for signature
SB 318 would eliminate mandatory life in prison without parole sentences (LWOP) for juvenile criminal defendants.

Increase of the Statutory Maximum Penalties for Driving Under the Influence

HB 4567 (Kowall), Passed: 101-7
HB 4568 (Kowall), Passed: 100-8
Next: Sent to Senate for consideration
HB 4567 and HB 4568 increase the statutory maximum penalties for driving while under the influence of alcohol or a schedule I controlled substance. The bill also enhances penalties those drivers who have prior convictions for the same offense or blood alcohol content (BAC) of .17 at the time of the offense.

Requirement that a Candidate Identify Convicted Felonies

HB 4825 (Kesto), Passed: 105-3
Next: Sent to Senate for consideration
HB 4825 would amend the Michigan Election Law to require a candidate to indicate on his or her affidavit of identity whether he or she has been convicted of a felony within the immediately preceding ten years.

Amending Definition of a “Victim” under the William Van Regenmorter Crime Victim’s Rights Act

HB 5262 (Schmidt), Passed: 108-0
HB 5263 (O’Brien), Passed: 108-0
Next: Sent to Senate for consideration
Collectively, this package (which also includes SB 628), amends the definition of “victim” under the William Van Regenmorter Crime Victim’s Rights Act to include a parent of a minor victim for the purposes of making an impact statement only at sentencing, after the victim reaches the age of majority.

Revision to School Disaster Drill Protocol

HB 4713 (Graves), Passed: 81-27
Next: Sent to Governor for signature
HB 4713 amends 1941 PA 207, the Fire Prevention Code, by adding more specificity to the timing of various disaster drills to be performed by schools, requiring a record of the completed disaster drills to be posted on the internet and requiring schools to provide information regarding their scheduled drill days to the County Emergency Management Coordinator appointed under section 9 of the Emergency Management Act who will then disseminate the information to the various local authorities.

House of Representatives Week in Review: January 28th - 30th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives last week (January 28th-30th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative
68th District

Prohibition of Felons from Possessing Ammunition

HB 4715 (Heise), Passed: 86-22
HB 4716 (Graves), Passed: 86-22
HB 4717 (Kesto), Passed: 101-7
Next: Sent to Senate for consideration
HB 4715 prohibits a felon from possessing, using, transporting, selling, carrying, shipping, or distributing ammunition until three years have passed. HB 4717 allows an individual to apply to the concealed weapons licensing board in the county in which he or she resides for full restoration of his or her rights to possess ammunition once he or she is eligible. HB 4716 updates the sentencing guidelines description for the criminal offense “possession or sale of firearm by felon.”

Mandate that the Fireworks Safety Act Supersede the Single State Construction Code Act

SB 255 (Jones), Passed: 108-0
Next: Sent to Governor for signature
SB 255 would mandate that the Fireworks Safety Act supersede the Single State Construction Code Act when the code is inconsistent with the Fireworks Safety Act.

Establishment of “Insurable Interest” with Trustees

SB 31 (Schuitmaker), Passed: 108-0
SB 32 (Schuitmaker), Passed: 108-0
Next: Sent to Governor for signature
These bills establish that a trustee of a trust has an “insurable interest” in the life of an individual insured under a life insurance policy owned by the trustee acting in a fiduciary capacity for the trust, given certain conditions specified in the bill.

Amendment to the Highway Advertising Act

HB 4629 (Jacobsen), Passed: 104-6
Next: Sent to Governor for signature
HB 4629 amends the Highway Advertising Act, including but not limited to: requiring a new permit process and other restrictions for digital billboards; addressing enforcement issues related to nonconforming billboards and other issues to ensure compliance with federal requirements; amending procedures and penalties related to vegetation management in the vicinity of billboards; and establishing a Michigan Billboard Advisory Council. *The Senate made an amendment that limited the number of nonstandard sign digital billboard conversions allowed must surrender permits for existing signs to 8 from 50, limited the period when this may occur to 6 months, and limited the occurrence to only Wayne, Oakland, and Macomb Counties.

Allowing Public Officials to Serve on the Board of Directors for a Brownfield Redevelopment Authority

HB 5131 (SANTANA), Passed: 108-2
HB 5132 (SANTANA), Passed: 108-2
Next: Sent to Senate for consideration
HB 5131 & HB 5132 would allow public officials or their appointees to serve on the board of directors (BOD) for a Brownfield Redevelopment Authority or a municipality’s economic development corporation.