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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative

68th District

Changes to the Military Relief Fund

HB 4811 (Franz), Passed: 110-0

Next: Sent to Governor for signature

HB 4811 makes a number of changes to the Military Relief Fund that will increase access to the funds and further promote the availability of the funds.

Expanding the Grounds for Administrative Sanctions for Health Care Professionals

SB 575 (Schuitmaker), Passed: 110-0

SB 576 (Schuitmaker), Passed: 110-0

SB 577 (Schuitmaker), Passed: 109-1

SB 578 (Schuitmaker), Passed: 110-0

Next: Sent to Senate for reconsideration

SB 575 requires disciplinary subcommittee members to disclose potential conflicts of interest and recuse themselves from decision making when a conflict arises. SB 576 will create the Regulatory Boards and Commissions Ethics Act to establish conflict of interest standards and procedures for regulatory bodies in LARA. SB 577 adds areas that must be investigated by the disciplinary board if a licensed health care professional were to engage in certain activities. The bill also amends penalties and sanctions for violations. SB 578 outlines when a disciplinary subcommittee’s decision is final and subject to judicial review.

Revisions to Michigan’s Human Trafficking Statute

HB 5234 (Jenkins), Passed: 108-1

HB 5235 (HOVEY-WRIGHT), Passed: 108-1

Next: Sent to Senate for consideration
HBs 5234 and 5235 make various revisions and updates to Michigan’s Human Trafficking statute.

Amendment to a Statutory Reference to the Human Trafficking Chapter of the “Revised Judicature Act”

HB 5236 (McBroom), Passed: 110-0

Next: Sent to Senate for consideration

HB 5236 amends MCL 600.4701 of the “Revised Judicature Act” to amend a statutory reference to the Human Trafficking Chapter.

Amendment to a Reference to the Human Trafficking Law in the Crime Victim’s Rights Act

HB 5237 (CAVANAGH), Passed: 110-0

Next: Sent to Senate for consideration

HB 5237 amends a reference to the human trafficking law in the William Van Regenmorter Crime Victim’s Rights Act.

Requiring Individuals to Report Violations of the Human Trafficking Law

HB 5239 (Kurtz), Passed: 110-0

Next: Sent to Senate for consideration

HB 5239 would require individuals who are mandated by statute to report suspected child abuse or neglect to also report suspected violations of the human trafficking law.

Amending Regulations Concerning the Buying and Selling of Scrap Metal

HB 4593 (Muxlow), Passed: 98-12

Next: Sent to Conference Committee

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

Increase in Judgeships in Macomb County

HB 5121 (Walsh), Passed: 104-6

Next: Sent to Governor for signature

HB 5121 increases the number of circuit judgeships in 16^th Judicial Circuit by four judges.

Increase in Judgeships in Oakland County

HB 5122 (Kesto), Passed: 103-7

Next: Sent to Governor for signature

HB 5122 increases the number of circuit court judgeships in Oakland County by one.

Change in Judgeships in Certain Circuit Courts

HB 5123 (Cotter), Passed: 61-49

Next: Sent to Governor for signature

HB 5123 increases the number of judgeships in the 17th circuit (Kent County) by one. It also eliminates one judge in the 5th circuit (Berrien County), 25^th District (Cities of Ecorse, Lincoln Park, and River Rouge). It also consolidates the 28^th District and the 33^rd District Courts.

Consolidation in Judgeships in Certain Judicial Circuit Courts

HB 5124 (Leonard), Passed: 61-48

Next: Sent to Governor for signature

HB 5124 consolidates four judges in the 3^rd Judicial Circuit (Wayne County).

Elimination and Consolidation of Judges in Certain District Courts

HB 5125 (Heise), Passed: 72-38

Next: Sent to Governor for signature

HB 5125 adds judges to the 63^rd District (Kent County) and consolidates/eliminates judges from the 67^th and 68^th District Courts (Genesee County) and eliminates one judge from the 70^th District (Saginaw County).

Expansion of Condemnation Authority for Pipelines Carrying CO2

HB 5255 (STALLWORTH), Passed: 67-43

Next: Sent to Senate for consideration

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

Addition of Carbon Dioxide and Enhanced Recovery Operation Terms

HB 5274 (Pettalia), Passed: 96-14

Next: Sent to Governor for signature

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

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

HB 4885 (Nesbitt), Passed: 82-28

Next: Sent to Senate for consideration

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

Revision of the Licensing and License Renewal Process for Real Estate Brokers

SB 641 (Kowall), Passed: 110-0

Next: Sent to Senate for reconsideration

SB 641 revises the licensing and license renewal process for real estate brokers, associate real estate brokers, and real estate salespersons.

Amending Licensing Requirements for Barbers

HB 5396 (LaFontaine), Passed: 103-7

Next: Sent to Senate for consideration

SB 612 will amend the licensing requirements for barbers, including barbers applying for license from out-of-state, out-of-jurisdiction, or from another country.

Addition of a New Section to the Mental Health Code

HB 5332 (Lori), Passed: 110-0

Next: Sent to Senate for consideration

HB 5332 adds a new section to the Mental Health Code by requiring that the Department of Community Health (Department) shall establish a uniform substance use disorder credentialing program for state departments or agencies.

Allowing Renegotiation of a Loan from the Clean Michigan Initiative Bond Fund

SB 719 (Booher), Passed: 103-7

Next: Sent to Senate for reconsideration

SB 719 is a bill to allow the terms of an outstanding loan from the Clean Michigan Initiative Bond Fund to be renegotiated upon a demonstration of financial hardship by the loan recipient.

Amendments to the Uniform Commercial Code

HB 5119 (VerHeulen), Passed: 110-0

Next: Sent to Senate for consideration

HB 5119 would make various amendments to Article 4a of the Uniform Commercial Code (UCC) to apply it to a remittance transfer and provide that if there were an inconsistency between the article and the Electronic Fund Transfer Act, supremacy clause would apply and the Act would govern.

Removal of References to “Mentally Retarded” In Legislation

SB 805 (WARREN), Passed: 110-0

SB 806 (Caswell), Passed: 110-0

SB 807 (ANANICH), Passed: 110-0

SB 808 (Jones), Passed: 110-0

SB 809 (Jansen), Passed: 110-0

SB 810 (JOHNSON), Passed: 110-0

SB 811 (Moolenar), Passed: 110-0

Next: Sent to Governor for signature

The bills remove references to “mentally retarded” and replace them with terms deemed more appropriate.

Expansion of the Education Achievement Authority

HB 4369 (Lyons), Passed: 56-54

Next: Sent to Senate for reconsideration

HB 4369 establishes the right for entities functioning as a State School Reform/Redesign District to borrow money and issue notes on a short term basis, only for school operations, and in limited amounts.

Implementing a Formula to Determine the Total Cost of a FOIA Request

HB 4001 (Shirkey), Passed: 102-8

Next: Sent to Senate for consideration

HB 4001 amends the Freedom of Information Act (FOIA) to implement a formula to determine the total cost of a FOIA request, put a cap on the cost of paper copies related to FOIA requests, expand the reduced rate for FOIA requests to certain nonprofit organizations, and allow an individual to appeal to the public body or the circuit court if he or she has a good-faith belief that the fee is unreasonable.

Proposal for a Balanced Budget Amendment to the U.S. Constitution

SJR V (Challenge of the Chair’s Decision), Passed: 59-51

SJR V (Appeal of the Chair’s Decision), Passed: 59-51

SJR V (Green), Passed: 77-32

Next: Sent to Senate for consideration

Senate Joint Resolution V (Green) urge Congress to call a convention for the purposes of proposing a balanced budget amendment to the United States Constitution.

Appointment of Delegates to an Article V Convention

HB 5380 (Franz), Passed: 62-47

Next: Sent to Senate for consideration

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

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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative

68th District

Awarding High School Diplomas to Certain Vietnam Veterans

SB 389 (Emmons), Passed: 110-0

Next: Sent to Governor for signature
SB 389 would permit school boards to award high school diplomas to certain Vietnam era veterans.

Requirement of Community Service Options for FIP Recipients

SB 276 (Hune), Passed: 91-19
Next: Sent to Governor for signature

SB 276 adds community service to options, in which a Family Independence Program (FIP) recipient may have to participate in order to receive benefits.

Revising Procedures for Discontinuing Basic Local Exchange

SB 636 (Nofs), Passed: 71-39

Next: Sent to Governor for signature

SB 636 would amend the Michigan Telecommunications Act to revise the procedures for the discontinuance of basic local exchange or toll service (after December 31, 2016). The bill would also make changes to the dates in which the Michigan Intrastate Switched Toll Access Restructuring Mechanism (ARM) is recalculated. Furthermore, the bill would eliminate a requirement that operator and payphone service providers renew their registration annually and pay an annual renewal fee.

Setting Circumstances for Security Officers at Nuclear Generating Facilities

HB 5282 (Pscholka), Passed: 102-6

Next: Sent to Senate for consideration

HB 5282 sets forth the circumstances under which security officers at nuclear generating facilities could use and threaten to use physical force (including deadly force) against an individual. The bill also includes a civil immunity clause for security officers (and their employers and owners/operators of a facility) for acting lawfully under the bill.

Exemption of Over-the-Counter Drugs from Use Taxes

HB 5342 (Lyons), Passed: 107-1

Next: Sent to Senate for consideration

HB 5342 would exempt over-the-counter drugs issued pursuant to a prescription from use taxes.

Revisions to the Liquor Control Code

SB 329 (Hildenbrand), Passed: 103-5

SB 504 (Hune), Passed: 108-0

SB 505 (Hune), Passed: 103-5

SB 506 (Hune), Passed: 107-1

SB 507 (Hune), Passed: 107-1

SB 650 (Hune), Passed: 105-3

Next: Sent to Senate for reconsideration

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

“Automatic Enrollment” Option for Public Employers’ Retirement Plans

HB 4964 (Walsh), Passed: 106-2

Next: Sent to Senate for consideration

HB 4964 creates an “automatic enrollment” option for public employers for retirement plans for their employees.

FY 2014-2015 Multi-Departmental Supplemental

SB 608 (Haveman), Passed: 106-2

Next: Sent to Governor for signature

Senate Bill 608 (CR-1) (Kahn) is a multi-department supplemental that predominantly makes necessary changes associated with the delay in implementation of Healthy Michigan (Medicaid Expansion) and provides funding for necessary road projects, among other changes. The Conference Report represents a compromise between the two Chambers.

Increase of Barrel Threshold for Microbrewers

HB 4709 (Cotter), Passed: 106-3

HB 4710 (MacGregor), Passed: 106-3

HB 4711 (SCHOR), Passed: 106-3

Next: Sent to Governor for signature

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

Mandate that Disclosure of Firearm Records Be Made According to a Statutorily Prescribed Protocol

HB 4155 (Nesbitt), Passed: 81-28

Next: Sent to Senate for consideration

HB 4155 amends Michigan’s gun licensure law to mandate that access to and disclosure of firearm records only be made according to a statutorily prescribed protocol.

Exemption of Gun Records from FOIA

HB 5324 (Jenkins), Passed: 88-21

HB 5325 (Crawford), Passed: 89-20

HB 5326 (McBroom), Passed: 87-22

HB 5327 (Rendon), Passed: 82-27

HB 5328 (Cotter), Passed: 89-20

Collectively, these bills amend several sections of Michigan’s gun licensure law to exempt certain information from disclosure under the Freedom of Information Act (FOIA). HB 5327 limits law enforcement’s access to firearms records.

Revision of the Prohibition on Shotguns and Rifles

SB 610 (GREEN), Passed: 103-6

Next: Sent to Senate for reconsideration

SB 610 revises the general prohibition on manufacturing, selling, offering for sale, or possessing short-barreled shotguns or short-barreled rifles.

Definition of “Brandish” in Michigan Penal Code

HB 5091 (Johnson), Passed: 104-5

HB 5092 (DILLON), Passed: 105-4

Next: Sent to Senate for consideration

HB 5092 defines “brandish” in the Michigan Penal Code. HB 5091 exempts from criminal penalties an individual.

Revision of Restriction that Requires Minors Who Shoot a Pistol Be Under supervision of an Adult

HB 5085 (Potvin), Passed: 107-2

Next: Sent to Senate for consideration

HB 5085 would revise the restriction that requires minors shooting a pistol to do so only under the supervision of a parent or guardian, so as to allow this supervision to be provided by an adult age 21 or older who has successfully completed a pistol safety training course that meets the requirements of the state’s concealed pistol law.

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

Hello Friends,

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

Thank you! 

Andy Schor

State Representative

68th District

Allowing Municipalities to Enter into Agreements with the Treasurer of a County for Tax Collection Purposes

HB 5160 (Price), Passed: 109-0

Next: Sent to Senate for consideration
HB 5160 specifically allows a city, village, or township to enter into agreements with the treasurer of a county in which it is located to have the county treasurer administer some or all of the municipality’s tax collection functions.

FY 2013-2014 Supplemental for Healthy Michigan

SB 608 (Kahn), Passed: 65-44

Next: Sent to Senate for reconsideration

SB 608 is a multi-department supplemental that predominantly makes necessary changes associated with the delay in implementation of Healthy Michigan (Medicaid Expansion) and provides funding for necessary road projects, among other changes. The supplemental reduces gross appropriations by a total of $130,178,100, and increases GF/GP funding by $193,401,500.

Clarification of the Creation of Separate Legal Entities May be Created by Interlocal Agreements

SB 437 (Nofs), Passed: 108-2

Next: Sent to Governor for signature

SB 437 clarifies under what circumstances separate legal entities may be created by interlocal agreements. The separate legal entity may be created only if the interlocal agreement expressly provides for its creation. The bill also deletes references to an “administrative” entity throughout.

Removal of References to “Mentally Retarded” from State Laws

HB 5345 (Lori), Passed: 110-0

HB 5346 (CAVANAGH), Passed: 110-0

HB 5347 (Haines), Passed: 110-0

HB 5348 (Leonard), Passed: 110-0

HB 5349 (Cotter), Passed: 110-0

HB 5350 (COCHRAN), Passed: 110-0

HB 5351 (KNEZEK), Passed: 110-0

HB 5352 (Somerville), Passed: 110-0

Next: Sent to Senate for consideration

The bills remove references to “mentally retarted” and replace the term with “developmentally disabled” or “intellectually disabled”.

Requiring the Development of a Uniform Medical Release Form

HB 5136 (Lori), Passed: 110-0

Next: Sent to Senate for consideration

HB 5136 amends the Mental Health Code to require the Department of Community Health to develop a uniform medical release form.

Fiscal Year 2013-2014 School Aid Supplemental

HB 4295 (Haveman), Passed: 107-3

Next: Sent to Senate for consideration

HB 4295 is a FY 13-14 school aid supplemental, predominantly making necessary cost adjustments associated with pupil counts, special education costs, and taxable value changes. However, the bill also makes grants for dissolved district transitions as well as provides for a contract for health and nutrition education software. The gross appropriations is a $46,612,500 reduction from current year-to-date appropriations.

Extension of Sales and Use Tax Exemptions for the Cobo Center in Detroit

SB 711 (Marleau), Passed: 100-10

SB 735 (Marleau), Passed: 100-10

Next: Sent to Governor for signature

SBs 711 and 735 extend, respectively, sales and use tax exemptions related to tangible personal property used in the construction or renovation of the Cobo Center in Detroit. Under current law, these exemptions expired on December 31, 2013. The bills extend the sunset for these exemptions to December 31, 2015.

Allowing a Purchaser of a Property at a Sheriff’s Sale to Periodically Inspect the Property during the Redemption Period

HB 5277 (Callton), Passed: 107-3

Next: Sent to Senate for consideration

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