Hello
Friends,
Though I’m
posting it here a bit late, I wanted you to be aware of the legislation that passed
the House in August, September, and October.
Below please find an update on legislation passed by the House of
Representatives during the weeks of September 15th- October 3rd.
Please feel
free to contact me (517.373.0826; andyschor@house.mi.gov)
if you have any questions or thoughts about any of the below bills.
Thank you!
Andy Schor
State
Representative
68th
District
Passed 9/15 – 9/19/14
Amend the Child Protection Law to
allow DHS to not release or open certain documents
HB 5338, 9/16/14, Passed: 104-2
House Bill
5338 amends the Child Protection Law to allow DHS to not release or open
documents, reports, or records authored by or obtained from another agency or
organization unless required by state or federal law, the release is in response
to an order issued by a judge, magistrate, or other authorized judicial
officer, or unless the documents are requested for a child abuse or child
neglect case or for a criminal investigation of child abuse or child neglect
conducted by law enforcement.
Amends the Social Welfare Act to
prohibit the release or opening of certain documents
HB 5341, 9/16/14, Passed: 96-10
HB 5341 amends the Social Welfare
Act to prohibit documents, reports, or records authored by or obtained from
another agency or organization from being released or open for inspection to
individuals and groups generally able to receive information from DHS, unless
required by state or federal law, or in response to a judicial order.
Subjects property gained illegally through human trafficking to
civil forfeiture
HB 5233, 9/16/14,
Passed: 93-13
House Bill 5233 subjects the
assets and property of convicted criminal defendants, gained illegally through
human trafficking, subject to civil forfeiture.
Creates the
Alternative Contempt Track for certain individuals in arrears on child support
payments
HB 5472, 9/17/14, Passed: 108-0
House Bill
5472 amends the Support and Parenting Time Enforcement Act to allow an
individual who is subject to a contempt proceeding for failure to pay child
support, to have his or her case placed on an alternative contempt track docket
with court approval. The alternative contempt track is available for a payer
who is determined by the court to have difficulty making support payments due
to specific reasons.
Amend Paternity Act to establish
paternity with blood typing or DNA profiling
HB 5463, 9/17/14, Passed: 106-2
House Bill
5463 amends the Paternity Act to state that if paternity is established by
blood or tissue typing or DNA identification profiling is 99% or higher,
conducted by a person accredited for paternity determinations by a person
accredited by a nationally recognized scientific organization, and is
admissible in court, then paternity is established and the court must enter an
order of filiation declaring paternity and provide for support of the child.
Provide for paternity testing in
certain cases
HB 5464, 9/17/14, Passed: 105-3
House Bill 5464 would create the
“Genetic Parentage Act,” which provides for genetic testing in certain
paternity cases and prescribes the duties and responsibilities of certain State
departments, agencies, and officers.
Allow courts to refuse to enter
an order revoking acknowledgement of paternity
HB 5473, 9/17/14, Passed: 106-2
House Bill
5473 amends the Revocation of Paternity act to allow a court to refuse to enter
an order revoking an acknowledgement of paternity if the court finds evidence
that the order would not be in the best interests of the child, based on
certain factors.
Require plaintiff to provide
certain information required by the State Treasurer
HB 5511, 9/17/14, Passed: 105-3
House Bill 5511 amends the
Revised Judicature Act. Upon a judgment against the State of Michigan or State
subdivision becoming final, or a claim being allowed and certified by the clerk
of the Court of Claims, the plaintiff/claimant must provide the clerk any
information required by the State Treasurer (Treasurer) to identify the
plaintiff/claimant or, if applicable, each individual for whose benefit the
action was brought or the claim made, for purposes of complying with
requirements listed below or to perform the treasurer’s duties listed below.
The state treasurer must notify the clerk of the information needed from a
plaintiff/claimant to satisfy this section.
Allow for the denial of Family
Independence Program benefits when recipient fails to comply with certain
requirements
HB 5512, 9/17/14, Passed: 94-14
House Bill
5512 amends the Social Welfare Act to allow for the denial of Family
Independence Program (FIP) benefits if a recipient fails, without good cause,
to comply with applicable child support requirements. HB 5512 also removes the
DHS’s ability to promulgate rules in accordance with the Administrative
Procedures Act.
Create the “Summary Report and
Paternity Act”
HB 5465, 9/17/14, Passed: 104-4
This Act can only be used by a
Title IV-D agency to establish paternity and support. A man is the father of a
child born out of wedlock if the man has been determined to be the child’s
father under this Act, other Michigan law, or the law of another state.
If the paternity of a child born
out of wedlock has not otherwise been established and the child is either
supported in whole or in part by public assistance or if either party has
signed an application for services under Title IV-D, the Title IV-D agency may
file a statement with the court on behalf of the child, the mother, or the
alleged father.
Provides for consolidation of
child support functions into one agency
HB 5466, 9/18/14, Passed: 98-10
HB 5467, 9/18/14, Passed: 96-12
HB 5468, 9/18/14, Passed: 96-12
HB 5469, 9/18/14, Passed: 96-12
HB 5470, 9/18/14, Passed: 96-12
HB 5471, 9/18/14, Passed: 95-13
Amends the Paternity Act to allow
the DHS and prosecuting attorney to enter into an agreement to transfer the
prosecutor’s responsibilities under this Act to one of the following:
·
The friend
of the court, with the approval of the chief judge of the circuit court;
·
An attorney
employed or contracted by the country; or,
·
An attorney
employed by or under contract with the DHS.
Modifies how a parent can fill
out an acknowledgement of parentage form when a child is born out of wedlock
HB 5510, 9/18/14,
Passed: 108-0
House Bill 5510 modifies how a
mother or father can fill out an acknowledgement of parentage form when a child
is born out of wedlock. A form will be effective if signed by the mother and
father and those signatures are each notarized by a notary public or witnessed
by one disinterested, legally competent adult.
Allow
parents to appeal a paternity determination based on genetic testing
HB 5583, 9/18/14, Passed: 106-2
House Bill 5583 amends the
Revocation of Paternity Act, which will allow mothers and genetic fathers an
opportunity to appeal a paternity determination based on genetic testing.
Amends the
Income Tax Act to make an exception to withholding requirements in certain
cases
SB 473, 9/18/14, Passed: 107-1
SB 473 amends the Income Tax Act
to make an exception to withholding requirements for a flow-through entity if
the withholding would violate certain restrictions pertaining to housing
assistance programs.
Make it a
felony to fraudulently indicate on a certificate of title that there was not a
security interest for a vehicle
SB 915, 9/18/14, Passed: 108-0
The bill would amend the Vehicle
Code to make it a felony to fraudulently indicate on a certificate of title
that there was not a security interest on record for a vehicle, or to forge or
counterfeit a letter from the holder of a security interest in a vehicle
stating that the security interest had been released. In addition to general
felony penalties under the Vehicle
Code, a person who violated
either of the proposed prohibitions would be required under the bill to pay
restitution to the holder of the security interest in the vehicle in the amount
of the outstanding lien on the vehicle.
Extends the
sunset that allows excess revenues deposited in the Crime Victim’s Rights Fund
to be spent on a statewide trauma system
HB 491, 9/18/14, Passed: 105-3
House Bill 4915 amends MCL 780.904 to
extend the sunset that allows excess revenues deposited in the Crime Victim’s
Rights Fund to be spent on a statewide trauma system. The use of funds in this
manner has a statutory sunset of October 1, 2014. House Bill 4915 extends the
sunset four more years to October 1, 2018.
Authorizes
the Secretary of State to enter into contracts to establish and operate an
electronic lien title system
SB 916, 9/18/14, Passed: 108-0
SB 917, 9/18/14, Passed: 108-0
SB 918, 9/18/14, Passed: 108-0
Senate Bills 916-918 authorize the Secretary of State to enter
into contracts to establish and operate an electronic lien title system to
process the notification and release of security interests through electronic
file transfers, in lieu of the issuance and maintenance of paper documents. The
bills make additional necessary changes to the Vehicle Code to facilitate the
switch to the electronic system.
Changes the
requirements and process of wage garnishment
HB 5390, 9/18/14, Passed: 102-6
HB 5391, 9/18/14, Passed: 102-7
HBs 5390 & 5391 would change
the way that wage garnishment is done in Michigan, specifically what is
required when an order is directed to a third party (the garnishee/employer) to
withhold periodic or non-periodic payment of assets.
Provides
courts authority to impose certain additional costs on criminal defendants
HB 5785, 9/18/14, Passed: 95-14
House Bill 5785 provides courts
general statutory authority to impose certain additional costs on criminal
defendants. The bill is in response to the June 18, 2014 Michigan Supreme Court
(MSC) decision in People v. Cunningham (496 Mich. 145 (Mich.),
2014 WL 2765734 (Mich.) in which the court unanimously held that trial courts
may impose costs on guilty criminal defendants only where such costs are
separately authorized by statute.
Fix a drafting
error made when the Michigan Merit Curriculum was amended by HB 4465
HB 5793, 9/18/14, Passed: 109-0
HB 5793 (H-1) fixes a drafting
error made when the Michigan Merit Curriculum was amended by HB 4465 (PA 208 of
2014), which among other things struck out language which established that
beginning with the class of 2016, students would be required to have two years
of foreign language through their public education.
Prohibits vehicle makers from preventing a dealer from charging
customers certain fees
HB 5606, 9/18/14, Passed: 106-3
This bill would prohibit vehicle
makers from preventing a dealer from charging customers a fee or charge allowed
by the law that authorizes the state to enforce exclusive new car dealer
“territories” and regulates commercial relationships between dealers and
manufacturers.
Prohibits a
health care provider from being subject to investigation or disciplinary action
HB 5649, 9/18/14, Passed:
109-0
The bill would, except in the
cases of gross negligence or willful misconduct prohibit a health care provider
or health care facility from being subject to Department investigation or
disciplinary action relating to the “Right to Try Act.”
FY
2013-14 supplemental to offset HICA shortfall
SB
616,
9/18/14, Passed: 78-31
Senate Bill 616 is a FY 2013-2014
supplemental. The bill appropriates $260,106,700, of which $173,322,700 is
General Fund/General Purpose. The bill deals with the appropriation of revenue
received due to the Medicaid MCO Use Tax imposed to offset the shortfall in
HICA revenue.
Designate
$5.5M of Autism Coverage Reimbursement fund for university and family programs
HB
5742,
9/18/14, Passed: 88-21
The bill would add a new section
to the Autism Coverage Reimbursement Act of 2012 and would designate $5.5 M of
the fund be appropriated to university autism programs and autism family
assistance services for FY15 only.
Passed 9/22
– 9/26/14
Allow
tobacco stamping agents to be compensated for technology upgrades
SB 1017,
9/23/14, Passed: 107-1
Senate Bill 1017 provides for
tobacco stamping agents to be compensated for upgrading their technology to
apply digital stamps to cigarette packaging.
Eliminate requirement that vehicles of a certain weight maintain
identification information
SB 277, 9/23/14,
Passed: 101-7
SB 277 amends the Vehicle Code to
eliminate the requirement that all commercial vehicles with a single or
combination gross weight rating or a total gross weight of more than 5,000
pounds maintain identification information on the side of the vehicle that
includes the name, city, and state or the registered logo or emblem of the
registered owner of the vehicle. However, the bill maintains the provision for
wreckers and road service vehicles. The bill would take effect 90 days after it
is enacted into law.
Resets sunset provisions for
local municipalities to bond out certain unfunded pension liabilities
SB 922, 9/23/14,
Passed: 107-1
SB 922 resets sunset provisions
for local municipalities to bond out unfunded pension liabilities for closed
out defined benefit programs and retiree health care liabilities. As well, it
creates the opportunity for municipalities to issue “refunding securities” for
the bonds provided the “refunding securities” do not have a further out
maturity date and the municipality has a credit rating of AA at minimum.
Allow Senate Secretary and House Clerk to administer oath of
office
HB 5781, 9/24/14, Passed: 108-0
HB 5781 would allow the Secretary of the
Senate and the Clerk of the House of Representatives to administer the oath of
office to any member of the Senate or House of Representatives.
Reduce
yearly licensing fees paid by athletic trainers
HB 5419, 9/24/14, Passed: 91-17
House Bill 5419 reduces the
yearly licensing fee paid by athletic trainers, as well as amends regulations
related to necessary training and qualifications to be licensed as an athletic
trainer in Michigan.
Amends the
Liquor Control Code to clarify unintended consequences related to powdered alcohol
HB 5798, 9/24/14, Passed: 103-6
Amends the Liquor Control Code to clarify unintended consequences
related to conditional licensing and secondary use, as well as prohibit the
sale, use, or possession of powdered alcohol in most circumstances. This bill
also includes language to change the fingerprinting process for licensee applicants.
Allows
state-approved non-public schools to provide professional development for
teachers
HB 5669, 9/24/14, Passed: 109-0
Allows state-approved non-public schools (schools that comply with
Act 302 of 1921, the Private, Denominational, and Parochial Schools Act) to
provide professional development for their teachers which counts towards
issuance or renewal of the teacher’s teaching certificate provided the
professional development is substantially the same in program content as
programs offered by a public school.
Amend PERA
to exempt certain professions from prohibition against wage increases
HB 5097, 9/24/14, Passed: 97-12
Amends the Michigan’s
Public Employment Relations Act (PERA) to exempt public police, fire
departments, and emergency service workers from the prohibition against wage
increases following the expiration date of a collective bargaining agreement
(CBA).
Allow banks to conduct a savings promotion raffle
HB 5412, 9/24/14, Passed: 108-1
HB 5413, 9/24/14, Passed: 108-1
Allows a bank to conduct a savings promotion raffle. Note:
Currently credit unions are allowed to do this under the Credit Union Act (PA
215 of 2003).
Allow for
the Dept. of Treasury to oversee management of the Foster Care Trust Fund
HB 5444, 9/24/14, Passed: 108-1
Intended to minimize costs and ensure the Foster Care Trust Fund
runs with little overhead by eliminating the trust fund board and have the
Department of Treasury (Treasury) oversee the fund’s management in conjunction
with the Department of Human Services (DHS).
Provide
protections for those who administer an opioid antagonist in good faith
SB 857, 9/24/14, Passed: 108-0
Senate Bill 857 amends Public Act
17 of 1963 (Good Samaritan Law) to provide civil liability protection for
individuals who administer an opioid antagonist, in good faith, to another
person who they believe is suffering the immediate effects of an opioid related
overdose.
Passed 9/29
– 10/3/14
Allow for the prescription and
dispense of opioid antagonists to friends/family of those who overdose
HB 5404, 10/1/14, Passed: 107-2
HB 5405, 10/1/14, Passed: 109-0
HB 5407, 10/1/14, Passed: 109-0
These
bills amend various sections of the Michigan Public Health Code, which outline
specific provisions for the use of an opioid antagonist in response to a drug
overdose.
Eliminate the county
administrative rate for foster care services
HB 5507, 10/1/14, Passed:
109-0
House Bill 5507 requires the
state to pay 100% of the administrative rate for providers of foster care
services. This is a FY 2014 and FY 2015 budget implementation bill necessary
due to Public Act 34 of 2014 and Public Act 252 of 2014, which provided
additional funds to have the state pay 100% of private child placing agency
administrative rates, instead of splitting this cost with the counties.
Require DHS to include on child’s
medical passport that they may be a victim of human trafficking
SB 587, 10/1/14, Passed: 108-1
Senate Bill 587 would require the
Michigan Department of Human Services (DHS) or the supervising foster care
placement agency to include on a foster child’s medical passport that he or she
may be a victim of human trafficking. In addition, DHS or the supervising
agency would have to provide appropriate counseling services for minor victims
of human trafficking.
Extend the statute of limitation
for certain human trafficking offenses
SB 584, 10/1/14, Passed: 108-1
Senate Bill 584 would extend the
statute of limitation (SOL) for certain human trafficking offenses.
Created “Human Trafficking
Victims Compensation Act”
SB 590, 10/1/14, Passed: 109-0
Senate Bill 590 creates the
“Human Trafficking Victims Compensation Act” which will allow victims of human trafficking
to recover economic and noneconomic damages from their violators. Under the
bill, human trafficking would be entitled to recover for damages that resulted
from: (1) physical pain and suffering; (2) mental anguish; (3) fright and
shock; (4) denial of social pleasure and enjoyments; (5) embarrassment,
humiliation, or mortification; (6) disability; (7) disfigurement; (8)
aggravation of a preexisting ailment or condition; (9) reasonable expenses of
necessary medical or psychological care, treatment, and services; (10) loss of
earnings or earning capacity; (11) damage to property; and (12) any other
necessary and reasonable expense incurred as a result of the violation.
Allow victims of human
trafficking to receive medical assistance
SB 592, 10/1/14, Passed: 109-0
Senate Bill 592 amends Public Act
280 of 1939 (The Social
Welfare Act) to allow victims of
human trafficking to receive medical assistance for medical and psychological
treatment. The bill defines “human trafficking victims” as it is defined in the
Michigan Penal Code (Chapter 67A –MCL 750.462a through MCL 750.462j) and
includes all violations that subject a person to forced labor, services,
sexually abusive activity, etc.
Requires child placement agencies
to give special consideration to child victims of human trafficking
SB 593, 10/1/14, Passed: 109-0
Senate Bill 593 requires the
Department of Human Services (DHS) or a child placement agency to give special
consideration to child victims of human trafficking prior to foster care
placement.
Require LARA to adopt training
standards for identifying victims of human trafficking
SB 597, 10/1/14, Passed: 101-8
Senate Bill 597 amends the
“Public Health Code” to require the Department of Licensing and Regulatory
Affairs (LARA) to adopt rules that include training standards for identifying
victims of human trafficking.
Creates the “Right to Try” Act
SB 991, 10/1/14, Passed: 109-0
The bill creates the “Right to
Try Act” which would allow certain eligible patients access to drugs,
biological products, and medical devices not yet approved for general use.
Require juvenile courts to maintain recordings of hearings
SB 705, 10/1/14,
Passed: 109-0
Senate Bill 705 amends Chapter
12A of the “Probate Code of 1939” to require recordings of juvenile hearings be
maintained as prescribed by the rules of the Michigan
Supreme Court. Under current law,
the tape of the hearing must be stored as a permanent record of the court.
Amends the Probate Code to establish where an adoption petition
must be filed
HB 5743, 10/1/14,
Passed: 109-0
House Bill 5743 removes language
that limited a petitioner to filing a petition for adoption only in the county
where the petitioner resided or where the adoptee is found. Under HB 5743, a
petitioner will also be able to file a petition for adoption in the county
where the parent’s parental rights were terminated, or where termination is
pending. HB 5743 also removes a judge’s ability to transfer a petition
jurisdiction for adoption to a separate county because the petition was not
filed in the county where the petitioner resides or where the adoptee is
located.
Remove filing fee requirements if the party is filing a child
protective action
HB 5744, 10/1/14,
Passed: 109-0
House Bill 5744 amends the
Revised Judicature Act to remove filing fee requirements if the party is filing
a child protective action or a delinquency action under the Probate Code or the
Young Adult Voluntary Foster Care Act.
Allow court jurisdiction for foster care youth while DHS
establishes guardianship assistance eligibility
HB 5745, 10/1/14, Passed: 109-0
HB 5746, 10/1/14,
Passed: 109-0
House Bills 5745 and 5746 allow a
court to retain jurisdiction over a youth while the Department of Human
Services establishes whether a foster care youth is eligible for guardianship
assistance.
Eliminates certain requirements
regarding practices related to transportation employee retirement compensation
SB 882, 10/1/14, Passed: 107-2
Senate Bill 882 eliminates cities
and villages from requirements to implement certain practices related to
transportation employee retirement compensation and medical benefits and
develop a transparency website as a condition of receiving road funding under
Public Act 51 of 1951. In addition, the bill gives county road commissions an
additional year to comply with these requirements.
Extends fiscal years funding for
the state trunk line fund
SB 1016, 10/1/14, Passed: 107-2
Senate Bill 1016 is a Fiscal Year
2013-2014 budget implementation bill.
The bill amends PA 231 of 1987,
the act which creates and governs the Transportation Economic
Development Fund (TEDF), to
redirect $12.0 million from the TEDF to the State Trunkline Fund
(STF) for the fiscal year ending
September 30, 2014. The reduction would be taken from the
Targeted Industry program or
“Category A” projects, which are considered state projects. The intent of the
shift is to match available federal aid highway funds.
Criminally prohibit soliciting a
minor for sex
SB 205, 10/2/14, Passed: 107-0
SB 206, 10/2/14, Passed: 107-0
These bills amend the Michigan Penal
Code and Code of Criminal Procedure, respectively, to criminally prohibit and
punish the act of soliciting a minor for sex.
Make “soliciting a minor for sex”
a registrable offense
SB 602, 10/2/14, Passed: 106-1
Senate Bill
602 amends the Sex Offenders Registration Act (SORA) to make “soliciting a
minor for sex” a registrable offense.
Creates
a diversion program for adult human trafficking victims charged with
prostitution offenses
SB 585, 10/2/14, Passed:
107-0
Amends the Michigan Penal Code to create a diversion
program for adult human trafficking victims charged with prostitution offenses.
Outlines
the implementation of foster care and adoption assistance subsidies from the
Department of Human Services
SB 890, 10/2/14, Passed:
107-0
Senate Bill 890 amends the Social
Welfare Act to implement new procedures for determining and re-determining the
adoption support or assistance subsidy received by an adoptive parent for an
adopted child. The bill adds a definition for the “determination of care rate.”
Creates “Sexual Assault Evidence
Kit Tracking and Reporting Act”
SB 998, 10/2/14, Passed:
107-0
Creates the “Sexual Assault Evidence Kit Tracking and
Reporting Act” through which a commission would be established to develop guidelines
and procedures for sexual assault evidence kit tracking.
Creates
“Sexual Assault Victim’s Access to Justice Act”
SB
1004,
10/2/14, Passed: 107-0
Senate Bill 1004 creates the
“Sexual Assault Victim’s Access to Justice
Act,” which provides certain rights and access to information to
sexual assault victims.
Amend the Children’s Trust Fund to specify how much can be
annually disbursed
SB 861, 10/2/14, Passed: 107-1
Senate Bill 861 specifies that
beginning in Fiscal Year 2015 and continuing through 2017, all money
contributed to the fund that year, plus 4.25% of the 12- quarter rolling
average of the fund, including unrealized gains and losses, must be available
for disbursement.
Waive late registration fee for vehicles in storage at time of
renewal
HB 5422, 10/2/14,
Passed: 92-15
House Bill 5422 provides for the
waiving of the $10 late registration fee on a vehicle that is in storage at the
time of the vehicle’s registration renewal date.
Amend Motor Carrier Act licensing
of intrastate trucking, towing, and moving companies
HB 5714, 10/2/14, Passed: 105-2
House Bill 5714 makes several
amendments to update the Motor Carrier Act in relation to the licensing and
regulation of intrastate trucking, towing, and moving companies by the Michigan
Public Service Commission.
Prohibits abandoning a vessel,
ORV or snowmobile
HB 5563, 10/2/14, Passed: 107-0
HB 5563 would amend the Natural
Resources and Environmental Protection Act (NREPA) to state that a person shall
not abandon a vessel, ORV, or snowmobile in the state. If any of these are
abandoned the bill establishes processes to identify ownership, dictate fees,
and create a Fund to help with the remediation of abandoned vehicles.
Exempt golf carts from requirement of no fault automobile
insurance
HB 5636, 10/2/14,
Passed: 104-3
HB 5636 would add “golf cart” to
a list of vehicle-like transportation devices that are exempt from the
requirement that they be insured under a no fault automobile insurance policy.
The bill would also define that term as “a vehicle designed for transportation
while playing the game of golf.” Additionally, Rep. SEGAL offered a substitute
that added “motorized wheelchair” to the list of things that are not required
to be insured under the Act.
Update the Insurance Code based on NAIC’s Insurance Holding
Company System Regulatory Act
HB 5792, 10/2/14,
Passed: 107-0
HB 5792 makes a number of
technical changes to the Insurance Code of 1956 that are based on the NAIC’s
Model Act. Following the financial crisis, the NAIC had made a concerted effort
to give regulators the ability to look beyond an initial company and instead
look at the greater group of companies that it may control or that may control
it.
Amend the Insurance Code of 1956 by requiring the use of a risk
management by insurers
HB 5823, 10/2/14, Passed: 107-0
HB 5823 would require insurers,
or the greater insurance group to which an insurer may belong, to use a risk
management framework. An insurer, or the insurance group of which the insurer
is a member, shall regularly (at least annually) conduct an own risk and
solvency assessment (ORSA), as set forth in the ORSA guidance manual. An ORSA
shall also be conducted at any point after significant changes to the risk
profile of the insurer or the insurance group occur.
Removes cap on fees the Liquor
Control Commission may pay a vendor of spirits per case
HB 5578, 10/2/14, Passed: 102-5
House Bill 5578 removes the cap
on fees the Liquor Control Commission may pay a vendor of spirits in addition
to the acquisition price for purchasing the spirits. The minimum fee for each
case of spirits purchased is $4.50, there will no longer be a maximum fee. The
current maximum additional fee is $7.50 per case of spirits purchased.
Defines LARA’s abilities to permanently revoke health professional
licenses
HB 5839, 10/2/14,
Passed: 107-0
HB 5840, 10/2/14, Passed: 107-0
HB 5841, 10/2/14, Passed: 107-0
HB 5842,
10/2/14, Passed: 107-0
This bill package relates to the
ability for the Department of Licensing and Regulatory Affairs to permanently
revoke health professional licenses.
Bill
Contents:
HB 5839
The bill simply defines
“permanent revocation” to mean the permanent cancellation or withdrawal of a
license, registration, or authorization to engage in the practice of a health
profession under this article that is issued by the Department, Board, or Task
Force.
HB 5840
The bill would add a conviction
of assault with intent to commit murder, assault with intent to do great bodily
harm less than murder, or assault by strangulation or suffocation, first or
second degree murder, and manslaughter as grounds for action by a disciplinary
subcommittee, and would require permanent revocation if the violation occurred
while the licensee or registrant was acting within the health profession for
which the person was licensed or registered.
HB 5841
The bill would restrict a
disciplinary subcommittee from imposing a sanction of permanent revocation
unless there is a finding that the licensee or registrant engaged in a pattern
of intentional acts of fraud or deceit that resulted in personal financial gain
to the licensee or registrant and resulted in harm to the health of patients
under the licensee’s or registrant’s care.
HB 5842
The bill eliminates current
language regarding a person’s ineligibility for reinstatement after a permanent
revocation for a criminal sexual conduct violation occurring within the
practice of a licensed or registered health profession.
Prohibits soliciting business at
the scene of a vehicle accident
HB 4545, 10/2/14, Passed: 103-4
HB 4545 prohibits a person from
traveling to the scene of an accident to solicit business for a wrecker,
recovery, or towing service.
Amends the procedures health facilities follow regarding sexual
assault victims and rape kits
SB 1021, 10/2/14,
Passed: 107-0
Senate Bill 1021 amends MCL
333.21527 of the “Public Health Code” to:
Require attending health care
personnel to immediately notify a victim of the availability of a medical
forensic examination, including the administration of a rape kit, if the victim
alleges to a physician or other health care personnel that he or she has been
the victim of criminal sexual conduct under MCL 750.520a through MCL 750.520l,
within the preceding 120 hours.
Require expedited HIV testing of criminal defendants charged with
CSC if requested by victim
SB 1036, 10/2/14,
Passed: 107-0
Senate Bill 1036 would require
circuit courts to order an expedited examination or testing of a criminal
defendant charged with CSC, upon the victim’s request.
Allow court to release a defendant on bail if they submitted to
roadside analysis for drugged/drunk driving
SB 863, 10/2/14,
Passed: 107-0
Senate Bill 863 allows a judge or
district court magistrate to release a criminal defendant on bail if he or she
submitted to a preliminary roadside analysis for drugged and drunk driving
offenses.
Allow for an affidavit or copy of mortgage to be effective in the
case of a destroyed mortgage
HB 4368, 10/2/14,
Passed: 103-4
HB 4640, 10/2/14,
Passed: 103-4
The bills 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.
Allow a peace officer to conduct a preliminary roadside analysis
of driver suspected to be under the influence
HB 5385, 10/2/14,
Passed: 104-3
Amends the “Michigan Vehicle
Code” to allow a peace officer to conduct a “preliminary roadside analysis”
when he or she suspects a driver of operating a motor vehicle while under the
influence of alcohol or a controlled substance.
Prohibit car makers from preventing a dealer from charging
customers certain fees pertaining to new car dealer “territories”
HB 5606, 10/2/14,
Passed: 106-1
This bill would prohibit vehicle
makers from preventing a dealer from charging customers a fee or charge allowed
by the law that authorizes the state to enforce exclusive new car dealer
“territories” and regulates commercial relationships between dealers and
manufacturers.
Create new article of the Uniform Securities Act regarding
Michigan Investment Markets
HB 5273, 10/2/14,
Passed: 107-0
HB 5273 lays out the framework
for requiring local stock exchanges to be registered with LARA as a Michigan
Investment Market (MIM) and for the operations of such exchanges. This bill
would allow for the creation of MIMs, through which local investors could sell
their shares to third parties, rather than just selling it back to the
originating company.
Provides courts authority to
impose certain costs on defendants
HB 5785, 10/2/14, Passed: 95-12
House Bill 5785 provides courts
general statutory authority to impose certain additional costs on criminal
defendants. The bill is in response to the June 18, 2014 Michigan Supreme Court
(MSC) decision in People v. Cunningham (496 Mich. 145 (Mich.),
2014 WL 2765734 (Mich.) in which the court unanimously held that trial courts
may impose costs on guilty criminal defendants only where such costs
are separately authorized by statute.
Expands the elements of the offense of kidnapping for minors under
certain circumstances
HB 4021, 10/2/14, Passed: 107-0
House Bill 4021 amends MCL
750.349 of the Michigan Penal Code to expand the elements of the offense of
kidnapping. Under current law, kidnapping occurs when an individual knowingly
restrains another person with the intent to do one or more of the following:
-Hold that person for ransom or
reward;
-Use that person as a shield or
hostage;
-Engage in criminal sexual
penetration with that person;
-Take that person outside of this
state; or
-Hold that person in involuntary
servitude.
House Bill 4021 would add the
following circumstances to the list:
-Engaging in criminal sexual
contact prohibited under Chapter 76 of the Michigan
Penal Code
-Engaging in child sexually
abusive activity with a minor as defined in MCL
750.145c.
Allow human
trafficking victim to apply for expungements from criminal records
HB 5025, 10/2/14,
Passed: 107-0
House Bill 5025 allows a human
trafficking victim to apply for expungements of certain offenses from his or
her criminal record.
Creates legal presumption of human trafficking for minors facing
prosecution for certain prostitution offenses
HB 5012, 10/2/14,
Passed: 107-0
This bill amends MCL 750.451 of
the Michigan Penal Code to create a legal presumption of human trafficking for
minors facing prosecution for certain prostitution related offenses. Under the
bill, a minor would be subject to the temporary protective custody provisions
under the Probate Code of 1939. The State may petition the court to find the
minor to be a dependent juvenile in need of services. If a juvenile fails to
comply with court-ordered services, he or she would not be able to use the
presumption provided under the bill.
The bill would require a law
enforcement officer to notify the Department of Human Service if he or she takes
a person under 18 years of age into custody based on a suspected prostitution
related violation.
Subjects certain assets of
criminals convicted of sex trafficking to civil forfeiture
HB 5233, 10/2/14, Passed: 97-10
House Bill 5233 subjects the
assets and property of convicted criminal defendants, gained illegally through
human trafficking, subject to civil forfeiture.
Amend a statutory reference to the Human Trafficking Chapter in
the “Revised Judicature Act”
HB 5236, 10/2/14, Passed: 103-4
House Bill 5236 amends the
“Omnibus Forfeiture” statute of the Revised Judicature Act to amend a statutory
reference to the Human Trafficking Chapter.
House Bill 5234, to which House
Bill 5236 is tie-barred, makes significant revisions to the current Human
Trafficking Chapter, including re-lettering some of the sections, which changes
the MCL citation. House Bill 5236 makes the necessary MCL citation changes in
MCL
600.4701.
Creates the Human Trafficking
Commission Act
HB 5158, 10/2/14, Passed: 106-1
House Bill 5158 creates the Human
Trafficking Commission Act. The
Commission
would exist as an autonomous entity within the Department of Attorney General.
Require Driver’s Ed instruction
to include information regarding the operation of bicycles and motorcycles
HB 5438, 10/2/14, Passed: 107-0
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.
Gives court jurisdiction over juveniles under 18 considered in
danger of physical or psychological harm
HB 5026, 10/2/14,
Passed: 107-1
House
Bill 5026 amends MCL
712A.2 of the Probate Code of 1939 to give the probate court jurisdiction over
a juvenile under age 18 who is found within the county and is considered
“dependent” and in danger of substantial physical or psychological harm.
Expands family relationships
exempt from “transfer of ownership” of residential property for tax purposes
HB 5552, 10/2/14, Passed: 77-30
House Bill
5552 (S-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.”
Exempt charitable housing
organization property from property taxes for up to five years in certain
circumstances
HB 5182, 10/2/14, Passed: 87-20
House Bill 5182 would make
residential property owned by a charitable nonprofit housing organization
(e.g., Habitat for Humanity) exempt from property taxes for up to five years if
the property is intended for ultimate occupancy by low-income persons as a
principal residence. Currently, such property can be exempt for up to two
years, but only at the option of local units of government.
