House of Representatives Week in Review: May 6th - May 8th

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

Designating a portion of I-94 as “Trooper Rick Johnson Memorial Highway”

HB 4923 (Nesbitt), Passed: 110-0

Next: Sent to Senate for consideration

House Bill 4923 (H-2) designates the portion of I-94 in Van Buren County as the “Trooper Rick Johnson 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.

Designating a portion of US-91 as “Earl DeMarse Memorial Highway”

HB 5447 (KIVELA), Passed: 110-0

Next: Sent to Senate for consideration

The bill would amend the Michigan Memorial Highway Act to designate the portion of

highway US-41 beginning at the intersection US-41 and Highway M-28 in the city of

Harvey, extending north to the intersection of US-41 and Genesee Street in the city of

Marquette as the "Earl DeMarse Memorial Highway."

Inspection of properties from sheriff’s sales

HB 5277 (S-1) (Callton), Passed: 110-0

Next: To the Governor’s office

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. The Senate substitute (S-1) inserts the language “or any other method reasonably calculated to achieve actual notice” to the way a mortgagor may provide notice (this was at the request of UAW).

Require LARA to waive certain fees and registrations for veterans

SB 671 (H-1) (Moolenaar), Passed: 110-0

Next: Returned to Senate

The bill would amend the State License Fee Act to require the Department to waive the fee for an initial license or initial registration that was otherwise required under the Act, or an application processing fee charged for an initial license or initial registration, if the applicant has provided applicable paperwork proving that he/she served in the armed forces. The veteran is to have separated from the armed forces with an honorable character of service or under honorable conditions character of service. The H-1 included an effective date of 90 days after the law is enacted.

Require LARA and MSP to waive initial veterans’ licensing fees

SB 672 (H-1) (Green), Passed: 110-0

Next: Returned to Senate

The bill amends the Private Security Business and Security Alarm Act to require the Department of Licensing and Regulatory Affairs (Department) or the Michigan Department of State Police (MSP) to waive initial licensing fees for an applicant who was an honorably discharged military veteran. The H-1 includes an effective date of 90 days after the law is enacted.

Allowing a county treasurer to pay taxing unit by offsetting payment amount owed

SB 562 (H-4) (Schuitmaker), Passed: 110-0

Next: Returned to Senate

This bill allows a county treasurer to satisfy an obligation to pay a local taxing unit or the State from a county delinquent tax revolving fund by offsetting the payment with any amount owed to the fund by the local taxing unit or the State. In addition, the bill allows a county to set a lower interest rate than the 1% per month set in current law for the payment of delinquent taxes and interest from a local taxing unit to the county.

Reduce regulation of industrial waste, beneficial use byproducts, and other inert material

HB 5400 (H-2) (Schmidt), Passed: 68-42

Next: Sent to the Senate for consideration

Brief Description: House Bill 5400 (H-2) would amend sections 8504, 8505, 11502, 11503, 11504, 11505, 11506, 11542, 20101, 20114e & 20115 of the Natural Resources and Environmental Protection Act (NREPA) and & adds sections 3112e, 11551, 11551a, 11552, 11553 & 11554 to reduce regulation of solid and low hazard industrial waste, beneficial use byproducts and other inert material.

Exemption of liability for storing or using by-product or inert material

HB 5401 (McBroom), Passed: 66-44

Next: Sent to the Senate for consideration

House Bill 5401 would provide exemption from liability for a person who stores or uses or arranges for the storage or use of a beneficial use by-product or inert material in compliance with Part 115 of NREPA.

Utilize by-products and inert materials as limiting material

HB 5402 (Potvin), Passed: 66-44

Next: Senate to the Senate for consideration

House Bill 5402 is a bill to utilize beneficial use by-products and inert materials as accepted liming material for Beneficial Use 3 as those terms are defined in Section 11502 of NREPA.

Amend definition of “victim” for the purposes of making an impact statement

SB 628 (S-1) (Schuitmaker), Passed: 110-0

Next: Returned to Senate

Collectively, this package 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.

General Omnibus Budget

HB 5313 (Haveman), Passed: 92-17, 1 abstaining

Next: Sent to the Senate for consideration

Details appropriations in the General Omnibus budget for FY 2014-2015.

Construction Warranties for MDOT projects

HB 5460 (H-2) (Lauwers), Passed: 109-0

Next: Sent to the Senate for consideration

HB 5460 (H-2) provides stronger construction warranty requirements for MDOT projects and establishes warranty requirements for the first time for local road agency projects. The bill further establishes reporting requirements on MDOT and local road agencies for non-warrantied projects.

Requiring county road commissions to use competitive bidding

HB 4251 (Cotter), Passed: 92-17

Next: Sent to Senate for consideration

House Bill 4521 requires a county road commission to use competitive bidding for a road project in which a township contributes 50% or more of the cost of the project and requests the road commission to use competitive bidding.

Redirect gasoline sales tax revenue to state and local road programs

HB 5459 (H-2) (Pettalia), Passed: 91-18

Next: Sent to the Senate for consideration

House Bill 5459 (H-2) redirects the revenue from sales tax collections on gasoline sales currently apportioned to the General Fund to state and local road programs. It is estimated that this would redirect $130 million in fiscal year.

Earmark 1% of use tax for transportation funding

HB 5492 (Poleski), Passed: 91-18

Next: Sent to the Senate for consideration

The bill would amend Section 21 of the Use Tax Act to earmark 1% of the 6% use tax for transportation funding purposes. Revenue that otherwise would go to the General Fund would be redirected to the State Trunk Line Fund, county road commissions, and cities and villages using the distribution formula found in Public Act 51 of 1951.

Requiring MDOT and local road agencies to use competitive bidding

HB 5167 (H-2) (Schmidt), Passed: 108-1

Next: Sent to the Senate for consideration

House Bill 5167 (H-2) amends Public Act 51 to require local road agencies and MDOT to make greater use of competitive bidding for road construction projects and road maintenance services.

Increasing civil fines charged for vehicles violating axle weight limits

HB 5453 (H-3) (KOSOWSKI), Passed: 104-5

Next: Sent to the Senate for consideration

House Bill 5453 (H-3) doubles the civil fines that shall be charged for vehicles violating the Vehicle Code’s axle weight limits and establishes a maximum fine of $500 for violations of the Vehicle Code’s height and length limits. The bill also redirects the incremental increase in fine revenue from the increased fine rates to state and local road programs rather than to library programs. In addition, the bill requires, rather than allows, a court to impose a lesser fine for certain misload situations (i.e., the overall gross weight limit is not violated, but one or more axles of the vehicle exceed allowable axle weight limits due to improper distribution of the load). The bill also mandates a $500 per axle misload fine for misloads up to 8,000 pounds for any axle, whereas, under current law, misloads above 4,000 pounds for any axle would be subject to the normal overweight fine schedule.

Increasing special permit fees for overweight loads

HB 5452 (H-1) (McCready), Passed: 98-11

Next: Sent to the Senate for consideration

House Bill 5452 (H-1) increases the fees for special permits required for the transport of overweight loads on state trunk lines, the caps on overweight permit fees for local roads, and the permit fees for oversize vehicles traveling on state trunk lines.

Changing the method of taxation on diesel fuel

HB 5477 (H-1) (VerHeulen), Passed: 85-24

HB 5493 (VerHeulen), Passed: 84-25

Next: Sent to the Senate for consideration

HB 5477 (H-1) and HB 5493 amend the Motor Fuel Tax Act and the Motor Carrier Fuel Tax Act, respectively, to increase the tax on diesel fuel and change the method of taxation from a fixed cents-per-gallon tax on gasoline and diesel to an annually adjusted cents-per-gallon rate for each equivalent to 6 percent of the wholesale price of each. The rate for both fuels would be subject to a floor of 19 cents per gallon and a ceiling of 32.5 cents.

Amending Vehicle Code to redirect registration late fees, require registration tax payment

HB 4630 (H-6) (McCready), Passed: 90-19            

Next: Sent to the Senate for consideration

House Bill 4630 (H-6) amends the Vehicle Code to: redirect revenue from late payment fees on registration renewals from the General Fund to the Michigan Transportation Fund; require that a person immediately pay the difference in registration tax when transferring a plate to a higher-priced vehicle; specifies that vehicles weighing under 8,000 pounds (e.g., pickup trucks) do not qualify for discounted registration rates for special vehicle categories; and makes other minor changes to vehicle registration provisions.

FY 2014-2015 Education Omnibus Budget

HB 5314 (Rogers), Passed: 97-12

Next: Sent to the Senate for consideration

This bill includes appropriations for school aid, higher education, and community colleges.

Amending the definitions of vapor products and alternative nicotine products

HB 4997 (H-4) (Outman), Passed 94-15

Next: Sent to the Senate for consideration

House Bill 4997 (H-4) (Outman) amends the Youth Tobacco Act to include definitions of vapor products and alternative nicotine products. Senate Bill 667 (H-1)(ANDERSON) adds vapor products and alternative nicotine products to the list of items that are prohibited from minors under the Youth Tobacco Act. Senate Bill 668 (H-2) (Jones) prohibits the selling, giving, or furnishing of vapor products or alternative nicotine products to minors.

Amends requirements associated with building licensure

HB 4582 (Foster), Passed: 108-1

Next: Sent to the Senate for consideration

House Bill 4582 (Foster) amends requirements associated with individuals seeking licensure or relicensure as a residential building or a residential maintenance and alteration contractor.

Exempting certain individuals from the builder’s exam

HB 5284 (LANE), Passed: 108-1

Next: Sent to the Senate for consideration

House Bill 5284 (LANE) allows the Builders Board to exempt certain individuals from being required to take the builder’s exam.

Creates “Trespass Liability Act”

HB 5335 (H-1) (Jacobsen), Passed: 105-4

Next: Sent to the Senate for consideration

House Bill 5335 creates a new Act, called the “Trespass Liability Act” to codify the common law premise a property owner is not liable for physical harm to a trespasser caused by the property owner or possessor's failure to exercise reasonable care to make the property reasonably safe and not endanger the trespasser.