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.