House of Representatives Week in Review: December 8th - December 12th

Hello Friends,

Below is a list of the legislation that came before the House this week (December 8th through December 12th).  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 12/8 – 12/12

Permit Corrections to award a certificate of employability.
HB 5216 (S-1), 12/9/14, Passed: 109-0
This bill permits the Department of Corrections to award a certificate of employability to a former offender in certain instances. It is part of a “Parolee Hiring Package” that includes HB 5217 and HB 5218.

Limits liability of an employer if employee has a certificate of employability from MDOC

HB 5217 (S-1), 12/9/14, Passed: 65-44
This bill severely limits the liability of an employer if the employee has a certificate of employability. This bill is tie-bared to HB 5216 and is part of the greater Parolee Hiring Package with HBs 5216 and HB 5218.

Allows LARA to consider a certificate of employability when making licensing decisions

HB 5218, 12/9/14, Passed: 109-0
HB 5218 applies to applications for licensing that require proof of good moral character. In such cases, if a judgment of guilt in a criminal prosecution is used as evidence in the determination of an individual’s good moral character, the licensing board or agency must also consider the individual’s certificate of employability.

Allows a temporary traffic control signal to be located on, over, or adjacent to the traveled portion of the roadway

SB 1092, 12/9/14, Passed: 109-0
Allow a temporary traffic control signal to be located on, over, or adjacent to the traveled portion of the roadway. Current law requires all signals to be placed only over the traveled portion of a roadway.

Updates relating to appraiser qualification criteria and the professional appraisal practice

HB 5860 (H-2), 12/9/14, Passed: 109-0
HB 5860 (H-2) amends sections of the Occupational Code relating to appraiser qualification criteria and the professional appraisal practice.

Allows DNR to purchase certain property from Commerce Twp.

HB 5952, 12/9/14, Passed: 109-0
Creates a new Act to allow the DNR to purchase certain property from Commerce Township, and subsequently reconvey the property to the township with a modified public use requirement.

Allow DTMB to sell space on the state's public safety communications towers

HB 4237 (H-4), 12/9/14, Passed: 107-2
House Bill 4237 would amend the act pertaining to the Michigan Public Safety Communications System (MPSCS) to allow the Department of Technology, Management, and Budget (DTMB) to sell space on the state's public safety communications towers (collocation) to both private and public entities, with certain restrictions.

Adopt Standard Valuation Model Law that was approved by the National Association of Insurance Commissioners

HB 5932, 12/9/14, Passed: 102-7
HB 5932 adopts the 2009 NAIC revisions to the Standard Valuation Law, including the adoption of a new manual for valuing life insurer reserves and a principle-based approach to determining reserve levels and a group-wide supervision standard for international insurance companies.

Allows liquor licensing and transfer fees to prorate quarterly

HB 4573 (H-2), 12/9/14, Passed: 97-12
House Bill 4573 will require that fees required for the various types of liquor licenses be prorated on a quarterly basis for a portion of the effective period of the license. The substitute changed language from prorating the sale and transfer of licenses to instead allow for a license to be renewed annually on the date the license was issued or transferred to a licensee. The substitute will include an effective date of six months after passage of the bill.

Creates Governor appointed “Human Trafficking Health Advisory Board”

SB 596 (H-1), 12/9/14, Passed: 97-12
Creates a seven member Governor appointed “Human Trafficking Health Advisory Board” (“Board”) to address the medical needs of human trafficking survivors.

Prohibits student athletes from collective bargaining

HB 6074, 12/9/14, Passed: 59-50
Prohibit student athletes from being represented by a collective bargaining agreement.

Creates fundraising license plates for the Girl Scouts of America

HB 4101 (H-1), 12/10/14, Passed: 107-1
Requires the Secretary of State to develop and issue a fundraising license plate recognizing the Girl Scouts of America.

Creates fundraising license plate for the “Thin Blue Line”

HB 5245, 12/10/14, Passed: 108-0
Establishes a new fundraising license plate for the nonprofit organization, Thin Blue Line of Michigan, which provides assistance to families of deceased or injured officers of public safety agencies.

Creates fundraising plate for the “Be a Match” organization

SB 903 (S-1), 12/10/14, Passed: 108-0
Establishes a “Be the Match” fundraising license plate to support the “Be the Match” bone marrow donation organization.

Allow a foreclosing entity to provide notice of forfeiture online or inserted into a notice publication

HB 4298 (H-2), 12/10/14, Passed: 75-33
This bill amends the notice provisions for tax forfeitures and tax foreclosures to allow a foreclosing entity to provide notice of forfeiture online or inserted into a notice publication. The bill would provide requirements for notices inserted into notice publications.

Authorize the legal use on public roads of a commercial quadricycle

HB 5408, 12/10/14, Passed: 102-7
Authorize the legal use on public roads of a commercial quadricycle.

Allow for quadricycle passengers to transport alcohol in an open container
HB 5409 (H-2), 12/10/14, Passed: 97-12
Allow for the transport of alcohol by quadricycle passengers in an open container unless prohibited by a local ordinance.

Allow the State Treasurer to disclose the address of housing units that are part of a housing project exempt from property taxes under MSHDA

HB 5831 (H-2), 12/10/14, Passed: 109-0
House Bill 5831 (H-1) amends the Revenue Act to allow the State Treasurer to disclose the address of housing units that are part of a housing project exempt from property taxes under the State Housing Development Authority Act or under the auspices of a Municipal Housing Commission, and whether the unit is subject to a service charge in lieu of property tax. The bill further allows the Treasurer to disclose the millage rates of property taxes.

Prohibit individuals with certain property violations from receiving property at a tax auction    

HB 5960 (H-2), 12/10/14, Passed: 108-2
Prohibit an individual that has delinquent property taxes, special assessments, or blight violations from receiving property at a tax auction.

Alters amount of LIHEAP that must be used for weatherization

HB 4544 (H-2), 12/10/14, Passed: 92-17
House Bill 4454 (H-1) amends the Income Tax Act of 1967 to alter the amount of federal Low Income Home Energy Assistance Program (LIHEAP) that must be used for weatherization. Under current law, the amount used for weatherization from LIHEAP funds cannot exceed $9.0 million less the amount used for weatherization from the emergency contingency funds received in the immediately preceding years.

Modify state employees’ investment committee duties to be in line with the Detroit Bankruptcy Plan of Adjustment

HB 5961, 12/10/14, Passed: 108-2
House Bill 5961 would change some terms in Section 13g of the Public Employee Retirement System Investment Act to make the Act consistent with the Detroit Bankruptcy Plan of Adjustment.

Cap county treasurer charges for electronic copies of records at 25 cents per record

HB 5822 (H-1), 12/10/14, Passed: 110-0
House Bill 5822 (H-1) amends PA 161 of 1895, which requires county treasurers to provide certain transcripts and records for a fee, to cap the fee charged for the provision of electronic copies. Under current law, county treasurers must provide copies of certain records on payment of specific fees. The bill would cap charges for electronic copies of records in a qualified data file at 25 cents per record, not to exceed $1,500.00 for each request. These copies could not be resold for commercial purposes.

Increases fire insurance withholding maximum escrow

HB 5862, 12/10/14, Passed: 97-13
Increases the maximum amount municipalities may withhold and escrow from an insurance settlement to take action on fire-damaged property. Under current law, the maximum amount that the municipality may withhold is $8,426, and the bill would increase this maximum to $12,000, annually adjusted to inflation thereafter.

Expand the authority of District Court Magistrates to issue arrest and search warrants

SB 845 (S-1), 12/10/14, Passed: 97-13
Amends MCL 764.1 of the Code of Criminal Procedure to allow both judges and district court magistrates to issue arrest warrants. Under current law, MCL 764.1 allows only “magistrates” to issue arrest warrants.

Expand the authority of District Court Magistrates to issue arrest and search warrants electronically

SB 931, 12/10/14, Passed: 96-14
Expand the authority of District Court Magistrates to issue arrest and search warrants electronically.

Allow a district court magistrate to hear and preside over motions to set aside defaults or withdraw admissions

SB 932 (S-1), 12/10/14, Passed: 96-12
Allow a district court magistrate to hear and preside over motions to set aside defaults or withdraw admissions.

Creates a process under which an individual’s rights to a specific cemetery space are terminated

HB 4890 (S-3), 12/11/14, Passed: 105-2
House Bill 4890 (H-3) creates a process under which an individual’s rights to a specific cemetery space are terminated.

Allow for a county clerk to determine which electronic voting system will be used in that clerk’s county

HB 5667, 12/11/14, Passed: 99-8
House Bill 5667 would amend the Michigan Election Law to allow a county clerk, in consultation with each of the city, township, and village clerks located in that particular county, to determine which electronic voting system will be used in the county.

Amend procedures by which a lottery prize winner’s liabilities are deducted

SB 528 (H-1), 12/11/14, Passed: 104-3
Senate Bill 528 (H-1) amends the procedures by which a prize winner’s liabilities are deducted from his or her lottery prize.

Allow a vehicle load width of up to 108 inches for a vehicle hauling ferrous pipe

SB 940 (S-1), 12/11/14, Passed: 106-1
Senate Bill 940 (S-1) allows a vehicle load width of up to 108 inches for a vehicle hauling ferrous pipe, which is longer than the normal statutory limit of 96 inches. The 108 inch limit currently applies to concrete pipe, agricultural products, and unprocessed logs, pulpwood, or wood bolts.

Amends various parts of the Vehicle Code

HB 4630 (S-3), 12/11/14, Failed: 1-106
House Bill 4630 (S-3) amends the Vehicle Code, including but not limited to: eliminating the depreciation allowance on the vehicle registration tax paid on passenger vehicles registered on or after January 1, 2016; redirecting revenue from late payment fees on registration renewals from the General Fund to the Michigan Transportation Fund (MTF); requiring that a person immediately pay the difference in registration tax when transferring a plate to a higher-priced vehicle; increasing the registration tax for historic plates, dealer plates, mopeds, and motorcycles; eliminating certain special registration categories with reduced tax rates; and increasing certain service fees and redirecting certain fee revenue to the Transportation Administration Collection Fund to support Secretary of State administrative costs.

Senate Changes: The S-3 substitute makes several changes to the House-passed bill. Key changes include: eliminating the depreciation allowance on the vehicle registration tax paid on passenger vehicles as of January 1, 2016; increasing the registration tax for historic plates, mopeds, and motorcycles; requiring additional dealer plates to be purchased at a higher registration rate; eliminating special registration categories for hearses, moving vans, and passenger-for-hire vehicles; eliminating House language excluding vehicles under 8,000 pounds from reduced tax rates in various special registration categories; increasing certain service fees and redirecting certain fee revenue to the Transportation Administration Collection Fund to pay for Secretary of State administrative costs.

Exempts the sale of gasoline and diesel fuel from the collection of the state sales tax

HB 4539, 12/11/14, Failed: 0-106
House Bill 4539 exempts the sale of gasoline and diesel fuel from the collection of the state sales tax.

Provides for a conveyance of a Calhoun County property

SB 1056 (S-1), 12/11/14, Passed: 104-2
Allow Gov. to request conveyance of certain swamplands in Clarence Township (Calhoun County) from the US to MI, to require DNR to determine the de facto owners of this property, and to convey a portion of the property.

Include human trafficking among offenses that could trigger a nuisance abatement process

HB 5230 (H-3), 12/11/14, Passed: 72-34  
House Bill 5230 (H-3) amends the public nuisance abatement law to list human trafficking among the offenses that could trigger a nuisance abatement process. It also increases the penalty for violating a nuisance abatement order, among other changes.

Revise the definition of firearms so that it aligns with the federal definition

SB 964 (S-2), 12/11/14, Passed: 100-6
SB 965 (H-3), 12/11/14, Passed: 95-11
SB 966 (H-1), 12/11/14, Passed: 98-8
The “Air Gun Reclassification Package” is designed to align Michigan’s definition of “firearm” with the federal definition of “firearm” so that pellet and air guns are excluded from the same licensing and registration requirements as traditional firearms.

Prohibit certain regulations by local governments of air guns

SB 979 (S-2), 12/11/14, Passed: 71-35
Senate Bill 979 (S-2) would prohibit local units of government from regulating pneumatic guns. Under the bill, a “pneumatic gun” would mean “any implement, designed as a gun that will expel a BB or pellet by spring, gas, or air, including a paintball gun that expels pneumatic pressure plastic balls filled paint for the purpose of marking the point of impact.”

Extends the implementation date for regulation of Michigan investment markets

HB 6079, 12/11/14, Passed: 105-1
Changes the effective date of HB 5273 (PA 355’14) to May 1, 2015 to allow the Administration more time to prepare regulations for the microenterprise investing for intrastate transactions authorized by PA 355.

Exempts Ontonagon County from certain ambulance licensing requirements

HB 5454, 12/11/14, Passed: 95-11
The bill amends the Public Health Code to exempt only Ontonagon County from the licensing requirements that ambulance service provide advanced life support on a 24- hour-a-day, 7-day-a-week basis.