House of Representatives Week in Review: May 27th - May 29th

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

Licensing fees for community planners

SB 494 (Caswell), Passed: 94-16

Next: Returned to the Senate

Senate Bill 494 amends the State License Fee Act to repeal the section of the Act that deals with licensing fees for community planners. SB 494 is tie-barred with House Bill 4377 (Kelly). HB 4377 amends the Occupational code to repeal the licensing requirements for community planners.

Remove licensing fees for ocularists

SB 607 (Kahn), Passed: 104-6

Next: Returned to the Senate

Senate Bill 607 (Kahn) amends the State License Fee Act to remove the licensing fee section relating to ocularists in Michigan. The H-1 substitute tie-barred SB 607 to HB 4392.

Delphi Package: Create Private Employer Group Self-Insurers Security Fund

HB 5478(Graves), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5478 is part of the Delphi Package (HBs 5478-90). This bill would create, beginning on January 1, 2019, the Private Employer Group Self-Insurers Security Fund (PEGSISF). The PEGSISF would be responsible for the claims made against SIGs or their members, if the SIG is otherwise unable to pay. This bill is tie-barred to HBs 5479-80, and HB 5483.

SIFU Liability and PEGSISF Assessments

HB 5479(Graves), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5479 is part of the Delphi Package (HBs 5478-90). Currently, the Self Insurer Security Fund (SISF) pays claims when a self-insured company files for bankruptcy and fails to pay claims itself. Under this bill, the PEGSISF will assume the liability for any claims made against PEGSISF members after its creation in 2019. This is regardless of whether the claim was first filed before or after the PEGSISF’s creation. Additionally, rather than an annual assessment, the PEGSISF’s members will only be assessed when the Director determines that one of the SIGs that make it up has gone bankrupt. The assessment will be proportional of the total paid losses of each SIG paid in the prior year to cover the costs of benefits incurred.

Permits WCA trustees to authorize payments from PEGSISF

HB 5480 (Graves), Passed 109-1

Next: Sent to the Senate for consideration

HB 5480 is part of the Delphi Package (HBs 5478-90). This bill creates a new section in the Act that specifically gives the WCA trustees the authority to authorize payments from the PEGSISF.

This bill is tie-barred to HBs 5478-79, and 5483.

PEGSISF Technical Change

HB 5481(Graves), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5481 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change in the Act to include a reference to PEGSISF in Section 356, which deals with automatic benefit increases after being on disability for over two years.

PEGSISF Technical Change

HB 5482 (Graves), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5482 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change in the Act to include a reference to PEGSISF in Section 391(7). Section 391 addresses when self-insurers and insurers alike are entitled to reimbursement from the compensation supplement fund. This bill is tie-barred to HBs 5478-5480, and 5483.

PEGSISF assessment amount

HB 5483 (SANTANA), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5483 is part of the Delphi Package (HBs 5478-90). This bill states that, if the Director determines that a SIG member of the PEGSISF will be unable to pay its obligations, the director may assess the PEGSISF members an amount “necessary to secure payment of benefits for which [PEGSISF] may be responsible” including overhead and administrative expenses. The assessment will be proportional of the total paid losses of each SIG paid in the prior year to cover the costs of benefits incurred. The bill is tie-barred to HBs 5478-80.

PEGSISF technical change

HB 5484 (SANTANA), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5484 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change to Section 515, which states that the Attorney General represents the PEGSISF as needed. The bill is tie-barred to HBs 5478-80, and 5483.

PEGSISF technical change

HB 5485 (SANTANA), Passed: 109-1

Next: Sent to the Senate for consideration

HB 5485 is part of the Delphi Package (HBs 5478-90). This bill makes a technical change to Section 553. The bill is tie-barred to HBs 5478-80, and 5483.

PEGSISF technical change

HB 5486 (SANTANA), Passed: 109-1

Next: Sent to the Senate for consideration

This bill makes a technical change to Section 561, which states that any self insurer must agree to, in the event of insolvency, to disclose its financial records to the SISF or the PEGSISF as needed to defend the fund. The bill is tie-barred to HBs 5478-80, and 5483.

Delphi Additional 1% Assessment on Self-Insured Employers

HB 5487 (H-1) (PHELPS), Passed: 107-3

Next: Sent to the Senate for consideration

This bill states that the SISF assessment, beginning in 2015 on, shall be calculated exclusively on claims payments and administrative expenses of the SISF for the immediately preceding year and the estimate of future liability for the current year. Additionally, from January 1, 2015 through December 31, 2018, the assessment is increased by 1% (4% total), if the extra 1% is used exclusively for the Delphi employees at issue in this package. For assessment payments that are unpaid after 90 days, interest begins accruing in the same manner as interest on a money judgment in a civil action. For assessments that are unpaid after

181 days, a penalty of 1% per month for each month thereafter is assessed. However, if a carrier’s delinquent assessment and any applicable interest and penalties total $25 or less for all funds in a single assessment year, the department may waive the assessments, interest, and penalties.

PEGSISF technical change

HB 5488 (KOSOWSKI), Passed: 109-1

Next: Sent to the Senate for consideration

This bill makes a technical change to Section 555, which states that reimbursement, under the Chapter, is not available to any carrier that is currently delinquent in paying any assessment. The bill is tie-barred to HBs 5489 and 5490.

Authorization of Disbursement to Delphi Employees

HB 5489 (H-1) (Jacobsen), Passed: 110-0

Next: Sent to the Senate for consideration

HB 5489 authorizes the trustees of the SISF to make payments to the claimants that are disabled employees or a dependent of “any employer that was granted authority by the workers’ compensation agency pursuant to Section 418.611(1)(a) to operate as a self-insurer for the first time in May 1999, and filed for bankruptcy in 2005.” The bill also states that, should the courts decide that an insurance company is responsible for these payments, as touched on in the background section above, the SEFI would be compensated for any payments that it had made to these employees. The H-1 substitute also adds a subsection (6), which states that if an unexpended balance from the appropriation remains, the Director may reimburse the general fund. The bill is tie-barred to HB 5487.

PEGSISF technical change

HB 5490 (Foster), Passed: 109-1

Next: Sent to the Senate for consideration

This bill makes a technical change to Section 541. The bill also states that the PEGSISF has the same rights under this act as an employer or carrier. This change is being made at the request of LARA and has implications related to Delphi, but not exclusive to Delphi. LARA asserts that this change ensures that the SISF has the ability to defend and pay claims as other payers (employers and carriers). Currently, even though the SISF can be a party to a claim, it does not have the right to defend or challenge a claim in the same manner as other payers. This results in higher costs to administer the fund. It will lead to decreased fights over medical exams and coordination of benefits. The bill is tie-barred to HB 5489.

Create foster parent bill of rights

HB 4649 (Cotter), Passed: 110-0

HB 4650 (Glardon), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 4649 (Cotter) amends the Foster Care and Adoption Services Act to include a list of rights that each foster parent is to be ensured by the Department of Human Services (DHS).  House Bill 4650 (Glardon) would include the Resource Families Bill of Rights Law under areas in which the Children's Ombudsman can investigate alleged violations.

Close WBW loophole

SB 114 (GREGORY), Passed: 98-12

Next: Returned to the Senate

SB 114 would close what is commonly referred to as the "WPW loophole" by revising assessments of certain commercial rental property by removing the ability to adjust taxable values upwards or downwards based on changes in occupancy.

Amend Insurance Code to exempt some travel insurance sellers

SB 418 (Hune), Passed: 107-3

Next: Returned to the Senate

The bill would amend the Insurance Code to exempt a person who sold travel insurance only in conjunction with and incidental to planned travel from the requirement to obtain an insurance provider license. The bill specifies that travel insurance would not include major medical plans that provide comprehensive medical protection for travelers with trips lasting six months or longer, such as those working overseas as expatriates or military personnel being deployed.

Reestablish the State Survey and Remonumentation Commission

SB 472 (H-2) (Walker), Passed: 110-0

Next: Returned to the Senate

Senate Bill 472 (H-2) reestablishes the State Survey and Remonumentation Commission as a seven-member Commission; makes various changes to the county plans required to be submitted and implemented; requires the Department of Licensing and Regulatory Affairs (LARA) to promulgate rules; adds definitions of “original public land survey corner,” “property controlling corner,” and “protracted public land survey corner;” and makes various changes to the grant program administered for these plans.

Reinstate Use Tax for Medicaid managed care and amend HICA rate

SB 893 (S-3) (Kahn), Passed: 86-24

SB 913 (Khan), Passed: 110-0

Next: Returned to the Senate

SB 893 would amend the Use Tax Act to reinstate the Use Tax for Medicaid managed care organizations. The bill is tie-barred to SB 913, which would amend the Health Insurance Claims Assessment Act by reducing the rate from 1% to 0.75%.

Require life support vehicles be equipped with opioid antagonists

HB 5404 (Crawford), Passed: 109-1

Next: Sent to the Senate for consideration

House Bill 5404 (Crawford) amends several sections of the Michigan Public Health Code to require a medical control authority to develop and adopt protocols to ensure that each life support vehicle that is dispatched and responding to provide emergency medical care is equipped with opioid antagonists. The bill further requires that each emergency services personnel is properly trained to administer opioid antagonists. The protocols would have to be developed and adopted within six (6) months of the effective date of the bill.

Protections for prescribing/dispensing/administering opioid antagonists

HB 5405 (Forlini), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5405 (Forlini) adds two new sections to the Michigan Public Health Code. One section would provide that a person who complies with the proposed new provisions on prescribing and dispensing an opioid antagonist would not be in violation of any of the controlled substance provisions under the Code.

The second proposed new section would provide protection from criminal liability and professional licensing sanctioning for a person who acts in good faith and with reasonable care in administering an opioid antagonist to an individual who he or she believes is suffering an opioid related overdose.

Civil liability protection for opioid antagonist administrator

HB 5406 (Forlini), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5406 (Forlini) amends Public Act 17 of 1963 (Good Samaritan Law) to provide civil liability protection for individuals who, in good faith, believe that another individual is suffering the immediate effects of an opioid-related overdose and who administer an opioid antagonist to that individual. The liability protection would not apply if the conduct of the individual administering the opioid antagonist constitutes willful or wanton misconduct.

Allow prescriber to issue opioid antagonist prescriptions to certain individuals

HB 5407 (Forlini), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5407 (Forlini) amends several sections of the Michigan Public Health Code to allow a prescriber to issue a prescription for and a dispensing prescriber or pharmacist to dispense an opioid antagonist to any of the following: (1) an individual patient at risk of experiencing an opioid-related overdose; (2) a family member, friend, or other individual in a position to assist a person at risk of experiencing an opioid-related overdose; or (3) a person other than an individual who meets certain requirements.

Allow hunting from a personal assistive mobility device

HB 5361 (H-1) (SMILEY), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5361 (H-1) is a bill to allow small game hunting from a personal assistive mobility device. A personal assistive mobility device is defined as "any device, including, but not limited to, one that is battery-powered, that is designed solely for use by an individual with mobility impairment for locomotion and is considered an extension of the individual.”

Exempt mothers breastfeeding in public from being charged with indecent exposure

HB 5591 (Price), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5591 (Price) would exempt mothers who breast feed in public from being charged with indecent exposure.

Exempt mothers breastfeeding in public from being charged with disorderly conduct

HB 5591 (Lyons), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5592 (Lyons) would exempt mothers who breast feed in public from being charged with indecent or obscene conduct under the disorderly person statute.

Includes unlawful imprisonment as a predicate offense for first degree murder 

SB 409 (Jones), Passed: 104-6

Next: Returned to the Senate

Senate Bill 409 (Jones) adds murder committed in the course of unlawful imprisonment (or attempt thereof) to the list of offenses that would be considered first degree murder, for which the penalty is life in prison without any chance of parole.

Increase minimum wage

SB 934 (Richardville), Passed: 76-34

Next: Returned to the Senate

This bill would repeal Michigan’s Minimum Wage Law of 1964 and replace it with the Workforce Opportunity Wage Act, which will result in increasing the minimum wage to $9.25 by 2018.

Lift lifeguard requirement for certain health and wellness center pools

HB 5247 (Nesbitt), Passed: 108-0

Next: Sent to the Senate for consideration

The bill amends the Public Health Code to exempt certain hospital-owned health and wellness center pools from a lifeguard requirement.

Designate portion of M-57 as “Joseph Prentler Memorial Highway”

HB 5543 (Outman), Passed: 108-0

Next: Sent to the Senate for consideration

House Bill 4985 designates M-57 within Montcalm County as the “Joseph Prentler 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.

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.

House of Representatives Week in Review: May 13th - May 15th

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

Revise preliminary examination procedure in criminal cases, “probable cause conference”

HB 5154(S-1) (Leonard), Passed: 110-0

HB 5155 (Walsh), RC 222, 5/13/14, Passed: 110-0

Next: Sent to the Governor

Together, the bills would revise the procedure for preliminary examinations in criminal cases and establish in statute a “probable cause conference,” which is already in practice in many jurisdictions throughout Michigan.

Add in-laws to family members no subject to tax when transferring a vehicle

HB 5261 (Cotter), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5261 would amend the Use Tax Act to add in-laws to the list of family members who are not subject to the use tax when transferring a vehicle, effective January 1, 2014. Relationships to be included for the exemption under the bill are: father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparent-in-law.

Requiring Public Service Commission to examine cost allocation methods and rate designs

HB 5476(H-4) (Stamas), Passed: 104-6

Next: Sent to the Senate for consideration

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).

Amending the definition of “victim”

SB 749 (Schuitmaker), Passed: 110-0

Next: Returned to Senate

Senate Bill 749 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.

Allow temporary liquor licenses for university on-campus outdoor stadiums

SB 862 (Schuitmaker), Passed: 105-5

Next: Returned to Senate

Senate Bill 862 (Schuitmaker) allows a university with an on-campus outdoor stadium to be issued a temporary liquor license by the Liquor Control Commission (LCC) in conjunction with a professional international soccer match.

Revise provisions regarding library governing boards

SB 546 (Robertson), Passed: 110-0

Next: Returned to Senate

Senate Bill 546 would amend Public Act 164 of 1877, which governs city, village, and township libraries, to revise provisions regarding library governing boards.

Appoint Doug A. Ringler as Auditor General

HCR 28 (Bolger), Passed: 108-0

Next: Sent to the Senate for consideration

A concurrent resolution to appoint Doug A. Ringler, C.P.A., C.I.A., as Auditor General.

Changes regarding employment of certain nursing home medical professionals

HB 5376 (Haines), Passed: 109-0

HB 5377 (Haines), Passed: 109-0

Next: Sent to the Senate for consideration

These bills amend the Public Health Code to make changes regarding employment or contracts of certain health professionals in the nursing home setting.

Implementing a dining assistance program in nursing homes

HB 5389 (CLEMENTE), Passed: 93-16

Next: Sent to the Senate for consideration

The bill would amend the Public Health Code to implement a dining assistance program in nursing homes.

Tuition assistance to National Guard members

HB 5451 (Rendon), Passed: 109-0

Next: Sent to the Senate for consideration

The bill would create a new Act known as the “Michigan National Guard Tuition Assistance Act” to provide tuition assistance to members of the Michigan National Guard.

In-district community college tuition rates for veterans and active members of the armed forces

HJR M (KNEZEK), Passed: 108-1

Next: Sent to the Senate for consideration

House Joint Resolution M would amend the State Constitution to require state community college or junior college boards to consider veterans of the armed forces as in district residents when determining tuition rates.

In-state university tuition rates for veterans and active members of the armed forces

HJR N (Stamas), Passed: 108-1

Next: Sent to the Senate for consideration

House Joint Resolution N would amend the State Constitution to require University Boards to consider veterans of the armed forces as residents of the state of Michigan when determining tuition rates.

Opportunity for counties to act as their own FGUs

SB 574 (S-2) (Jones), Passed: 109-0

Next: Returned to the Senate

This bill provides counties that elected to designate the state as the foreclosing governmental unit (FGU) for that county the opportunity to rescind the resolution and begin acting as its own FGU.

Amend licensing requirements for barbers

SB 612 (HOPGOOD), Passed: 106-3

Next: Returned to Senate

SB 612 (HOPGOOD) will amend the licensing requirements for barbers, including barbers applying for licensure from out-of-state, out-of-jurisdiction, or from another country.

Changes regarding employment of certain nursing home medical professionals

HB 5375 (H-1) (Haines), Passed: 109-0

Next: Sent to the Senate for consideration

The bill amends the Public Health Code to make changes regarding employment or contracts of certain health professionals in the nursing home setting.

Appropriations placeholder: Department of Agriculture

SB 760 (S-1) (Green), Passed: 109-0

Next: Returned to Senate

Appropriations placeholder: Community Colleges

SB 762 (S-1) (Booher), Passed: 109-0

Next: Returned to Senate

Appropriations placeholder: Department of Community Health

SB 763 (S-1) (Moolenaar), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Department of Corrections

SB 764 (S-1) (Proos), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Department of Education

SB 765 (S-1) (Walker), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Department of Environmental Quality

SB 766 (S-1) (Green), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: General Government

SB 767 (S-1) (Pappageorge), Passed: 108-1

Next: Returned to the Senate

Appropriations placeholder: Department of Higher Education

SB 768 (S-1) (Schuitmaker), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: DHS

SB 769 (S-1) (Caswell), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Insurance and Financial Services

SB 770 (S-1) (Jansen), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Judiciary

SB 771 (S-1) (Proos), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: LARA

SB 772 (S-1) (Jansen), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Veterans’ Affairs

SB 773 (S-1) (Colbeck), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Department of Natural Resources

SB 774 (S-1) (Green), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Department of School Aid

SB 775 (S-1) (Walker), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: State Police

SB 776 (S-1) (Colbeck), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Department of Transportation

SB 777 (S-1) (Pappageorge), Passed: 108-0

Next: Returned to the Senate

Provisions for teacher evaluations

HB 5223 (H-4) (O’Brien), Passed: 95-14

Next: Sent to the Senate for consideration

HB 5223 (H-4) (O’Brien) is the teacher evaluation bill in the teacher/administrator evaluation package. The bill was developed through a work group process involving many stake holders, including: MEA, AFT, MASSP, MASA, MAISA, GLEP, MAPSA, MDE, Ed Trust-Midwest, and Students First. The basis of the bills continues to be the Michigan Council on Educator Effectiveness (MCEE) report delivered at the end of the summer/beginning of fall 2013.

Provisions for administrator evaluations

HB 5224 (H-4) (ZEMKE), Passed: 96-13

Next: Sent to the Senate for consideration

HB 5224 (H-4) (ZEMKE) is the administrator evaluation bill in the teacher/administrator evaluation package. The bill was developed through a work group process involving many stake holders, including: MEA, AFT, MASSP, MASA, MAISA, GLEP, MAPSA, MDE, Ed Trust-Midwest, and Students First. The basis of the bills continues to be the Michigan Council on Educator Effectiveness (MCEE) report delivered at the end of the summer/beginning of fall 2013.

Omnibus budget: zero budget

HB 5313 (Haveman), Failed: 0-109

Next: To conference committees

Education omnibus budget: zero budget

HB 5314 (Rogers), Failed: 0-109

Next: To conference committees

Revise licensing requirements for barbers

HB 5396 (S-1)(LaFontaine), Passed: 102-7

Next: Sent to the Governor’s office

House Bill 5396 decreases the number of hours a barber college must provide classroom study and practical barber training, while still being qualified for licensure in Michigan. The Senate S-1 substitute tie-bars HB 5396 to SB 612 (Hopgood).

Eliminates prescribed open season for black bass

SB 869 (Hansen), Passed: 108-0

Next: Returned to the Senate

Senate Bill 869 (Hansen) amends the Sport Fishing section of the Natural Resources and Environmental Protection Act to eliminate the prescribed open season for black bass. This will allow the Natural Resources Commission the exclusive authority to regulate fishing, by issuing orders.

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.

House of Representatives Week in Review: April 29th - May 1st

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

HB 5216, Permitting Corrections to award a certificate of employability to a former offender

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.

HB 5217, Limiting the liability of an employer if the employee has a certificate of employability

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.

HB 5218, Allowing LARA to consider a certificate of employability when making licensing decisions

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. This bill is tie-barred to HBs 5216 and 5217.

HB 5220, Allowing a CPA firm to be licensed if majority of voting rights are held by CPAs

House Bill 5220 (H-1) will allow a certified public accounting firm to be licensed in the state if at least a simple majority of the equity and voting rights are held directly or beneficially by individuals licensed as certified public accountants (CPA) and in good and all attest and compilation services provided by the firm in Michigan are performed under the supervision of an individual who is licensed and in good standing as a CPA in Michigan, or another state or equivalent jurisdiction acceptable to the board.

HB 4341, Allowing DCH to designate medical schools to accept dead bodies donated to science

The bill would amend the Public Health Code to allow the Department to designate a medical school located in this state to accept dead bodies donated to science. A medical school that received a body or part of a body shall transfer the body or part to another medical school designated by the Department. The bill defines medical school as an accredited medical school located in this state that has mortuary sciences licensee on staff.