House of Representatives Week in Review: June 3rd - June 5th

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

Remove requirement that community planners register with the State

HB 4377 (S-2) (Kelly), Passed: 94-14

House Bill 4377 removes the requirement that community planners register with the State. In the S-2 substitute HB 4377 repeals Section 23 of the Occupational Code, which regulates community planners and tie-bars it to SB 494.

Deregulate ocularist occupation

HB 4392 (S-2) (HAUGH), Passed: 102-6

House Bill 4392 (H-1) would deregulate the ocularist occupation. HB 4392 (S-1) repeals Article 27 of the Occupational Code, which removes regulations and requirements for ocularists and tie-bars it to SB 607.

Creation of Entrepreneur in Residence Program

HB 4998 (H-2) (Schmidt), Passed: 85-24

This bill creates the Entrepreneur in Residence Program within the Michigan Strategic Fund.

Revise penalties for discharging a firearm from a vehicle

SB 582 (Marleau), Passed: 108-1

SB 583 (ANANICH), Passed: 108-1

Senate Bill 582 (Marleau) revises the criminal penalties intentionally discharging a firearm from a motor vehicle, snowmobile, or off-road vehicle. The bill also revises the penalty for intentionally discharging a firearm in reckless disregard for another individual. Senate Bill 583 (ANANICH) is the sentencing guidelines companion bill.

Allow judges to administer oaths for arrest warrants in person or electronically

HB 5246 (H-2) (Rogers), Passed: 108-1

House Bill 5246 (Rogers) would allow a judge to administer an oath or affirmation for an arrest warrant either in person or electronically.

Limits liability for private airstrip owners in the event of aviation related injuries

HB 5178 (Pettalia), Passed: 62-47

House Bill 5178 limits premises liability for property owners when aviation related injuries occur on their private airstrips.

Revise procedures for roadside analysis for driving under the influence of alcohol or controlled substances

HB 5383 (H-2) (Lauwers), Passed: 108-1

HB 5385 (H-2) (Lauwers), Passed: 101-8

Together, these bills revise the procedures for roadside analysis for driving under the influence of alcohol or controlled substances.

Exempts company test vehicles from a potential RTA vehicle registration tax

SB 265 (Jones), Passed: 83-25

Senate Bill 265 exempts company test vehicles from a vehicle registration tax that could potentially be charged by the Regional Transit Authority (RTA) in Wayne, Oakland, Macomb, and Washtenaw Counties if approved by voters.

Require driver’s ed to include information on bicycle and motorcycle laws

HB 5438 (BROWN), Passed: 108-0

House Bill 5438 would amend the Driver Education Provider and Instructor Act to require driver’s education instruction to include and emphasize information on the laws pertaining to the operation of bicycles and motorcycles on streets, roads, and highways.

Amend procedures for video recorded statements given by children to DHS

HB 5270 (McMillin), Passed: 108-0

HB 5271 (KOSOWSKI), Passed: 108-0

HB 5272 (Hooker), Passed: 108-0

Collectively, these bills amend the procedure for video recorded statements given by children to the Department of Human Services (DHS) or law enforcement officers.

Eliminate registration requirement for interior designers and Advisory Subcommittee on Interior Design

HB 4378 (S-1) (LaFontaine), Passed: 102-6

House Bill 4378 (H-1) eliminates the registration requirement and the Advisory Subcommittee on Interior Design. The substitute S-1 now repeals Sec. 601a from the Occupational Code, removing all references to interior designers.

Eliminates the ability of consumers to bring a MCPA action against insurance companies

HB 5558 (Leonard), Passed: 57-49

House Bill 5558 (Leonard) eliminates the ability of consumers to bring a Michigan Consumer Protection Act (MCPA) action against insurance companies for unfair, unconscionable, or deceptive methods, acts, and practices occurred before, on, or after March 28, 2001 and are unlawful under the Insurance Code of 1956.

Deregulation of auctioneer profession

HB 4683 (S-1) (NATHAN), Passed: 86-22

HB 4684 (S-1) (Denby), Passed: 84-24

House Bill 4681 (Denby) deregulates auctioneers by eliminating the voluntary provision that these professionals register after meeting certain conditions, including passing an examination described in the Occupational Code. House Bill 4682 (HAUGH) removes the corresponding state license fee for auctioneers. House Bill 4683 (NATHAN) removes language that wine auctions do not have to be held by licensed auctioneers. House Bill 4684 (Denby) removes The S-1 substitutes for HB 4683 (NATHAN) and 4684 (Denby) update the tie-bars to include SB

476 and 477 (Hildenbrand).

Require PSC to commence proceedings examining cost allocation and rate design methods

HB 5476 (S-1) (Stamas), Passed: 104-4

House Bill 5476 would require the Michigan Public Service Commission (PSC) to commence a proceeding for certain electric utilities to examine cost allocation methods and rate design methods used to set rates. These utilities would file proposals to modify existing methods and the details of the proposal requirements and relevant timeframes are set forth in the bill. The purpose of the bill is to modify rates to better reflect the cost of service as contained in current law (which would likely lower rates for energy intensive industrial customers).

Exempt gun records from disclosure under FOIA

SB 49 (H-1) (Casperson), Passed: 80-28

Senate Bill 49 (H-1) (Casperson) amends Michigan’s gun laws to establish firearms records as confidential, not subject to disclosure under FOIA, and cannot be disclosed to any person except in limited circumstances for limited purposes.

Amend gun licensure law to exempt certain information from disclosure under FOIA

SB 834 (S-1) (Pavlov), Passed: 87-21

Senate Bill 834 (Pavlov) amends MCL 28.422b of P.A. 327 to delete section 2b(5) which exempts information contained in certain orders or dispositions from public disclosure under FOIA when such information is filed with the Michigan State Police for entry into the Law

Enforcement Information Network (“LEIN”).

Amend gun licensure law to exempt certain information from disclosure under FOIA

SB 881(S-1) (Hansen), Passed: 87-21

Senate Bill 881 (Hansen) amends MCL 28.425o of P.A. 327 to delete a provision that exempts from FOIA records made available by an establishment licensed under the Michigan Liquor Control Code of 1998 to enforce “no carry zones.”

Allow county treasures to waive additional interest on delinquent property taxes in certain circumstances

HB 5421 (Walsh), Passed: 108-0

This bill allows a county treasurer to waive additional interest on delinquent property taxes for redemption purposes if a residential property is withheld from tax foreclosure due to the owner's economic hardship. This essentially allows the county treasurer to reduce the interest from 1.5% per month (18% per year) to 1% per month (12% per year).

Allow issuance of crop damage hunting permits to include bears

HB 5226 (H-2) (McBroom), Passed: 103-5

House Bill 5226 is a bill which expands the issuance of crop damage hunting permits to include bear.

Include Pure Michigan in a statewide trail network

HB 5553 (Franz), Passed: 106-2

HB 5559 (Pagel), Passed: 106-2

These bills comprise a package that amends the Natural Resources and Environmental Protection Act to codify recommendations made in the Michigan Comprehensive Trail Plan report, including the creation of the Pure Michigan Trails program.

Printing guidelines for House and Senate journals, require them to be posted online

HB 5610 (Denby), Passed: 104-4

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.

Criminal penalties for soliciting another to obtain ephedrine or pseudoephedrine to manufacture meth

HB 5089 (H-1), (Genetski), Passed: 105-3

HB 5090 (H-2) (Nesbitt), Passed: 105-3

Together, these bills create criminal penalties for soliciting another person to purchase or obtain products containing ephedrine or pseudoephedrine (PSE) to illegally manufacture methamphetamine (“meth”).

Criminal penalties for possessing PSE knowing that it will be used to make meth

HB 5363 (H-1) (Price), Passed: 105-3

House Bill 5363 (H-1) (Price) creates criminal penalties for purchasing or possessing any amount of ephedrine or pseudoephedrine (PSE) knowing or having reason to know that it will be combined to make methamphetamine (“meth”).

Amend Incompatible Public Offices Act to ensure that the Detroit Mayor and Detroit City Council members may legally serve on the Financial Review Commission

HB 5600 (Walsh), Passed: 104-4

House Bill 5600 would amend the Incompatible Public Offices Act to ensure that the Detroit Mayor and any Member of the Detroit City Council may legally serve on the Financial Review Commission, which will have oversight over the finances and management of the city.

Allow funds from UCRF to be used in cost allocation and rate design proceedings

HB 5612 (Shirkey), Passed: 107-1

House Bill 5612 would allow funds from the Utility Consumer Representation Fund (UCRF) to be used for participation in cost allocation and rate design proceedings created under House Bill 5476 (Stamas). The UCRF funds collected are split between the Attorney General and the Utility Consumer Participation Board (UCPB). The Attorney General uses the funding to advocate on behalf of Michigan utility customers in general and the UCPB is responsible for granting funding to specific interest groups to advocate for the residential consumer groups they represent.

Allow RTA to enter agreement with M-1 RAIL to secure funds for light rail project

HB 5168 (H-2) (Walsh), Passed: 82-26

HB 5169 (Schmidt), Passed: 83-25

House Bill 5168 (H-2) and House Bill 5169 allow the Regional Transit Authority (RTA) in southeast Michigan to enter an agreement with M-1 RAIL to secure federal funds for both the M-1/Woodward light rail project and, potentially, a bus rapid transit system operated by the RTA. The bills would also change the approval process for the RTA to agree to a transfer of M-1 RAIL assets to the RTA from a unanimous board vote to a 7/9 supermajority vote.

Expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership”

HB 5552 (H-1) (Pettalia), Passed: 77-31

House Bill 5552 (H-1) expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership” for the purpose of property taxes (i.e., pop-up) and specifies that a transfer of residential property to a trust in which one or more family members are the sole beneficiaries is also not a “transfer of ownership.”

Creates process for terminating an individual’s rights to specific cemetery space

HB 4890 (H-3) (McBroom), Passed: 106-2

House Bill 4890 (H-3) (McBroom) creates a process under which an individual’s rights to a specific cemetery space are terminated.