Tuesday, June 17, 2014

House of Representatives Week in Review: June 10th - June 12th

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

Exempt Gun Records from FOIA
HB 4155 (S-2) (Nesbitt), RC 368, 6/10/2014, Passed: 81-28
Next: Sent to the Governor’s office
House Bill 4155 (Nesbitt) amends Michigan’s gun licensure law to mandate that access to and disclosure of firearm records only be made according to a statutorily prescribed protocol.

Include definition of “firearms record” in P.A. 327
HB 5325 (S-1) (Crawford), RC 369, 6/10/2014, Passed: 88-21
Next: Sent to the Governor’s office
This bill amends MCL 28.421 of P.A. 327 to include a definition of “firearms record,” which would mean any form, information, or record required for submission to a government agency for a gun license or concealed pistol permit or any form, permit, or license issued by a government agency under the Act. This fact sheet contains information intended for the exclusive use of the Democratic Caucus and may contain information that is privileged and confidential. The bill is tie-barred to House Bill 5324; House Bills 5326 through House Bill 5329; and Senate
Bill 49.

Delete exemptions from certain information from disclosure under FOIA
HB 5328 (S-1) (Cotter), RC 370, 6/10/2014, Passed: 88-21
Next: Sent to the Governor’s office
This bill amends MCL 28.425b of P.A. 372 to delete provisions that would exempt the following information from disclosure under FOIA and thus not subject to disclosure to any person except for purposes of under the Act or law enforcement purposes:
·         An applicant’s legal name, date of birth, and address.
·         Medical records and personal identification information received by the concealed weapon licensing board.

Allow courts to order involuntary treatment to individuals who present imminent danger
HB 4486 (S-2) (Walsh), RC 371, 6/10/2014, Passed: 102-8
Next: Sent to the Governor’s office
House Bill 4486 (S-2) (Walsh) would allow courts, under certain circumstances, to order involuntary treatment for individuals who present an imminent danger or threat to themselves, family, or others as a result of a substance abuse disorder.

Amends licensure requirements for residential building contractors
HB 4582 (S-1) (Foster), RC 372, 6/10/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 4582 (Foster) amends requirements associated with individuals seeking licensure or relicensure as a residential building or a residential maintenance and alteration contractor.
The substitute S-1 removes the language “licensed as a proprietary school by the Department” from “a trade association” when relating to the subject matter of prelicensure and continuing competency activities.

Allows Builders Board to exempt certain individuals from taking the builder’s exam
HB 5284 (S-1) (Lane), RC 373, 6/10/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 5284 (LANE) allows the Builders Board to exempt certain individuals from being required to take the builder’s exam.
The substitute S-1 removes language that would have added certain crafts and trades included in a license.

Creates an “automatic enrollment” option for public employers for retirement plans for their employees
HB 4964 (S-1) (Walsh), RC 374, 6/10/2014, Passed: 108-2
Next: Sent to the Governor’s office
HB 4964 (S-1) creates an “automatic enrollment” option for public employers for retirement plans for their employees.

Reduce regulation of solid and low hazard industrial waste
HB 5400 (S-2) (Schmidt), RC 375, 6/10/2014, Passed: 70-40
Environmental protection; solid waste; low-hazard industrial waste, beneficial use by-products, and inert material; reduce regulation of.    
Next: Sent to the Governor’s office
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.
The S-2 substitute for HB 5400 calls for beneficial use Category 3 products to meet the
Association of American Plant Food Control Officials’ Statement of Uniform Interpretation and
Policy #25, also known as the heavy metals rule. The AAPFCO heavy metals rule does not directly address heavy metal limits on soil conditioners, liming materials and certain types of fertilizer. Substitute (S-2) clarifies the maximum allowable heavy metal concentration that all soil conditioners, liming materials and certain fertilizers would need to meet when they are a beneficial use 3 product.

Eliminates population threshold to allow employees designated by county clerks to solemnizing marriages in that county
SB 153 (H-1) (HOOD), RC 376, 6/10/2014, Passed: 98-12
Next: Sent to the Governor’s office
This bill eliminates a population threshold in law to allow employees designated by county clerks to solemnizing marriages in that county. Previously, this right only applied to Wayne County; however, the (H-1) adopted in Committee opens up the ability to all counties.

Removes sunset preclude a servicer of septage waste from storing the waste at own facility
HB 4874 (Goike), RC 377, 6/10/2014, Passed: 69-41
Next: Sent to the Senate for consideration
House Bill 4874 (Goike) will remove the sunset that would preclude a person working as a servicer of septage waste from storing the waste at the person’s facility. The bill also will eliminate local ordinances that are stricter than state laws concerning the disposal of septage waste over land.

Exclude J-1 and H-2B Visa Holders from Michigan's Unemployment Insurance system
HB 4958 (H-1) (Foster), RC 378, 6/10/2014, Passed:105-5
Next: Returned to the Senate
HB 4958 amends the Michigan Employment Security Act (the Act) to exclude from the term "employment" any nonagricultural work performed by a holder of an H-2B visa and any work performed by the holder of a J-1 visa. The bill also requires an employer to certify in its quarterly reports to the UIA that federal UI taxes do not apply to its J-1 and H-2b visa holding employees and to retain records on each such employee for six (6) years.

Revise Forbes Mechanical Contractor Act to provide fee waiver for certain veterans
HB 5506 (SANTANA), RC 379, 6/10/2014, Passed: 110-0
Next: Sent to the Senate for consideration
The bills revise various statutes that provide fee waiver for certain veterans. House Bill 5506 (SANTANA) would amend the Forbes Mechanical Contractor Act to apply tofees otherwise required under the Act.

Allow community mental health services program to enter into agreements with other providers
SB 713 (Booher), RC 380, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
The bill amends the Mental Health Code to allow a community mental health services program (CMHSP) to enter into agreements with other providers or managers of health care or rehabilitative services to foster interagency communication, cooperation, coordination, and consultation. A CMHSP activities under such an agreement would have to be consistent with
Section 206 of the Code.

Exempt certain veterans from fees to be paid to the administrator under the Michigan
Limited Liability Act
HB 5491 (Walsh), RC 381, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
This bill exempts certain veterans from fees to be paid to the administrator under the Michigan
Limited Liability Act.
               
Exempt certain veterans from fees to be paid under the Electrical Administrative Act
HB 5497 (KOSOWSKI), RC 382, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
House Bill 5497 (KOSOWSKI) would amend the Electrical Administrative Act to apply to waived fees under the Act. It amends the provision that requires the Department of Licensing and
Regulatory Affairs to issue an electrical journeyman’s license to any individual who, while on active duty as a member of the armed forces, served as an interior electrician or in an equivalent job classification.

Exempt certain veterans from fees to be paid under the Nonprofit Corporation Act
HB 5498 (Lori), RC 383, 6/10/2014, Passed: 109-0
Next: Sent to the Senate for consideration
House Bill 5498 (Lori) amends the Nonprofit Corporation Act to apply to fees otherwise required under that act.

Require fees for liquor licenses be prorated on a quarterly basis
HB 4573 (H-2) (DIANDA), RC 384, 6/10/2014, Passed: 105-4
Next: Sent to the Senate for consideration
House Bill 4573 (DIANDA) 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 the licensee. The substitute will include an effective date of six months after passage of the bill.

Amends racketeering definition to include “meth-smurfing” violations as a predicate offense
HB 5615 (KIVELA), RC 385, 6/10/2014, Passed: 107-2
Next: Sent to the Senate for consideration
HB 5615 (KIVELA) amends the racketeering definition to include various “meth-smurfing” violations as a predicate offense.

Exempt local tax collecting unit from collection of property taxes for 7 years
SB 536 (H-5) (Proos), RC 386, 6/10/2014, Passed: 70-39
Next: Returned to the Senate
Senate Bill 536 (H-5) would allow a local tax collecting unit to exempt from the collection of property taxes for up to 7 years, specific property of an eligible economic development group, which is defined as “a nonprofit organization whose primary purpose was the economic development of real property or combining parcels of real property for economic development purposes.” The State Treasurer must approve the exemption.
         
Penalties for repeat offenders of dealing in stolen motor vehicles
HB 4895 (Kesto), RC 387, 6/11/2014, Passed: 95-14
HB 4896 (Kesto), RC 388, 6/11/2014, Passed: 95-14
Next: Sent to the Governor’s office
House Bill 4895 enhances penalties for repeat offenders of dealing in stolen motor vehicles. House Bill 4896 is the sentencing guidelines companion bill.

Allow public officials to serve on a board of directors for a Brownfield Redevelopment Authority         
HB 5131 (SANTANA), RC 389, 6/11/2014, Passed: 108-2
HB 5132 (SANTANA), RC 390, 6/11/2014, Passed: 108-2
Next: Sent to the Governor’s office
HBs 5131 & 5132 would allow public officials or their appointees to serve on the board of directors (BOD) for a Brownfield Redevelopment Authority (Authority) or a municipality’s economic development corporation.    

Allow minors to shoot pistols under the supervision of adult who has completed safety course 
HB 5085 (Potvin), RC 391, 6/11/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 5085 would revise the restriction that requires minors shooting a pistol to do so only under the supervision of a parent or guardian, so as to allow this supervision to be provided by an adult age 21 or older who has successfully completed a pistol safety training course that meets the requirements of the state’s concealed pistol law.

Eliminate county administrative rate for foster care services
HB 5507 (MacGregor), RC 392, 6/11/2014, Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5507 (MacGregor) requires the state to pay 100% of the administrative rate for providers of foster care services. This is a budget implementation bill necessary due to Public Act 34 of 2014, which provided additional funds to have the state pay 100% of private child placing agency administrative rates for new foster care cases, instead of splitting this cost with the counties.

Requires lodging owners to pay reasonable attorney fees and court costs incurred in collecting delinquent assessments from the owner
SB 611 (Kowall), RC 393, 6/11/2014, Passed: 88-22
Next: Returned to the Senate
Senate Bill 611 requires a lodging owner to pay reasonable attorney fees and court costs incurred by a convention and visitor bureau incurred in collecting delinquent assessments from the owner. The bill also specifies that assessments collected but not paid to a bureau by an owner shall be considered trust funds and shall be remitted to the bureau.

Includes Pure Michigan Trails in statewide trail network
SB 873 (H-2) (Moolenaar), RC 394, 6/11/2014, Passed: 108-2
SB 875 (H-1) (Hildenbrand), RC 395, 6/11/2014, Passed: 108-2
SB 876 (H-1) (Hansen), RC 396, 6/11/2014, Passed: 108-2
SB 877 (H-1) (Casperson), RC 397, 6/11/2014, Passed: 108-2
Next: Returned to the Senate
This is a legislative package that amends the Natural Resources and Environmental Protection Act to codify recommendations made in the Michigan Comprehensive Trail Plan report, including the creation of the Pure Michigan Trails program.

Enable Director of WCA to authorize reimbursement from Compensation Supplement Fund
SB 900 (S-1) (Brandenburg), RC 398, 6/11/2014, Passed:
Next: Returned to the Senate
The bill would amend the Workers’ Disability Compensation Act (Act) to enable the Director of the Workers’ Compensation Agency (WCA) to authorize claims for reimbursement from the Compensation Supplement Fund (Fund) to be filed for periods of time different from those prescribed in the Act.

Eliminates prescription requirement for physical therapy in certain cases
SB 690 (H-1) (Moolenaar), RC 399, 6/11/2014, Passed: 108-2
Next: Returned to the Senate
The bill would permit a physical therapist or physical therapist assistant to treat an individual without a prescription for physical therapy services.

Allows insurance to withhold reimbursement for physical therapy unless patient has prescription
SB 691 (H-1) (WARREN), RC 400, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 691 H-1 (WARREN): Notwithstanding any other provision of the Nonprofit Health Care
Corporation Reform Act, which governs Blue Cross Blue Shield of Michigan (BCBSM), if a
BCBSM certificate or coverage under a prudent purchaser agreement provided for benefits for services provided by a licensed physical therapist or physical therapist assistant under a licensed physical therapist’s supervision, BCBSM would not have to provide benefits or reimburse for a practice of physical therapy service or practice as a physical therapist assistant service unless the service was provided pursuant to a prescription from a health professional.

Allows insurance to withhold reimbursement for physical therapy unless patient has prescription
SB 692 (H-1) (Casperson), RC 401, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 692 H-1 (Casperson): If coverage under a prudent purchaser agreement provided for benefits for services provided by a licensed physical therapist or physical therapist assistant under a licensed physical therapist’s supervision, the Prudent Purchaser Act would not require that coverage or reimbursement to be provided for a practice of physical therapy service or physical therapy assistant service, unless the service was provided pursuant to a prescription from a health professional.
       
Allows insurance to withhold reimbursement for physical therapy unless patient has prescription
SB 693 (H-1) (Hildenbrand), RC 402, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 693 H-1 (Hildenbrand): Under the Worker’s Disability Compensation Act, an employer would not have to reimburse or cause to be reimbursed charges for physical therapy service unless it was provided by a licensed physical therapist or physical therapist assistant under the supervision of a licensed physical therapist pursuant to a prescription from a health professional.      

Allows insurance to withhold reimbursement for physical therapy unless patient has prescription   
SB 694 (H-1) (Green), RC 403, 6/11/2014, Passed: 106-4
Next: Returned to the Senate
SB 694 H-1 (Green): Under Chapter 31 of the Insurance Code, personal protection insurance benefits are payable for allowable expenses consisting of all reasonable charges incurred for reasonable necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation. Under the bill, reimbursement of coverage for expenses within personal protection insurance coverage would not be required for a practice of physical therapy services or practice as a physical therapist’s assistant service, unless the services was provided by a licensed physical therapist or physical therapist assistant under his or her supervision pursuant to a prescription from a health professional.

Create the “Eye Care Consumer Protection Law” within the Public Health Code
SB 853 (H-1) (Jones), RC 404, 6/11/2014, Passed: 108-2
Next: Returned to the Senate
The bill specifies that, except as otherwise provided, spectacles and contact lenses would be medical devices and would be subject to the requirements of the part created under this bill (Part 55A) for the protection of consumers. It would not apply to a diagnostic contact lens that was used by a licensee during an examination and evaluation, an optical instrument or device that was not intended to correct or enhance vision, or an optical instrument that is not made, designed, or sold for a particular individual.

Requires hazardous waste facility operating license applicant to disclose criminal convictions
SB 20 (H-1) (HOPGOOD), RC 405, 6/11/2014, Passed: 110-0
Next: Returned to the Senate
SB 20 (H-1) would amend Part 111 (Hazardous Waste Management) of the Natural Resources and Environmental Protection Act to require an applicant for a hazardous waste facility operating license to disclose criminal convictions for violations committed in furtherance of obtaining a license, and authorize the Department of Environmental Quality (DEQ) to deny a license because of such a conviction.

Adds vapor products and alternative nicotine products to the list of items that are prohibited from minors under the Youth Tobacco Act
SB 667 (H-1) (ANDERSON), RC 406, 6/11/2014, Passed: 194-16
Next: Returned to the Senate
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.
Committee: Regulatory Reform 13 Yeas, 0 Nays, 1 Pass, 1 Absent

Prohibits the selling, giving, or furnishing of vapor products or alternative nicotine products to minors
SB 668 (H-2) (Jones), RC 407, 6/11/2014, Passed: 96-14
Next: Returned to the Senate
Senate Bill 668 (H-2) (Jones) prohibits the selling, giving, or furnishing of vapor products or alternative nicotine products to minors.

School Aid Omnibus Budget
HB 5314 (Conference Report) (Rogers), RC 408, 6/11/2014, Passed: 60-50
Next: Transmitted back to Senate
HB 5314 is the appropriations to K-12, community colleges, and higher education.

Amend the Aquatic Nuisance Control Section of the Natural Resources and Environmental Protection Act
SB 444 (S-5) (Casperson), RC 409, 6/11/2014, Passed: 60-50
Next: Returned to the Senate
Senate Bill 444 (S-5) (Casperson) amends the Aquatic Nuisance Control Section of the Natural Resources and Environmental Protection Act (NREPA).

Rules for Treasury Department conduct
SB 327 (Robertson), RC 410, 6/11/2014, Passed: 109-1
Next: Returned to the Senate
The Revenue Act (MCL 205.4) requires that the Department of Treasury develop guidelines to govern departmental employee responses to inquiries from the public and standards for tax audit activities. The guidelines are to explicitly exclude the use of a collection goal or quota for evaluating an employee, and are to be compiled into an employee handbook.

Creates “Methamphetamine Abuse Reporting Act”
SB 535 (S-2) (Proos), RC 411, 6/12/2014, Passed:107-0
Next: Sent to the Governor’s office
Senate Bill 535 (S-2) (Proos) creates the “Methamphetamine Abuse Reporting Act” to create a mechanism for certain methamphetamine related convictions to trigger a “stop-sale alert” to prevent an individual from purchasing products with pseudoephedrine or ephedrine (“PSE”).

Requires stop-sale alerts for persons who are ineligible yet attempt to buy ephedrine
SB 756 (Proos), RC 412, 6/12/2014, Passed: 110-0
Next: Returned to the Senate
Senate Bill 756 would require the NLPEx system to generate stop-sale alerts for persons who are ineligible yet attempt to buy ephedrine or pseudoephedrine (PSE) under the “Methamphetamine Abuse Reporting Act.” The bill further prohibits retailers from selling to such individuals when a stop sale alert is generated.

Omnibus budget appropriations bill for FY 2015
HB 5313 (CR-1) (Haveman), RC 413, 6/12/2014, Passed: 100-10
Next: Transmitted
Provides appropriations for all departments of the state.

Allow strict discipline academies to enroll students from juvenile facilities
SB 644 (S-1) (Hildenbrand), RC 414, 6/12/2014, Passed: 96-14
Next: Sent to the Senate
SB 644 (S-1) (Hildenbrand) amends the Revised School Code to allow strict discipline academies to enroll students who are placed in high or medium security juvenile facilities, mental health facilities, or child caring institutions operated by private agencies.

Teacher and Administrator Evaluations
SB 817 (S-2) (Pappageorge), RC 415, 6/12/2014, Passed: 110-0
Next: Returned to Senate
SB 817 (S-2) as amended in the House on June 11, 2014 is the Senate version of teacher and administrator evaluation.

Prohibit issuing a certificate of insurance that would alter the coverage provided by an insurance policy
SB 715 (H-1) (Casperson), RC 416, 6/12/2014, Passed: 109-1
Next: Returned to Senate
SB 715 would prohibit issuing a certificate of insurance that would alter the coverage provided by an insurance policy referred to in the certificate, or which contained false or misleading information concerning a policy, or requiring the issuance of a certificate with false or misleading information regarding a policy. The bill also establishes that a person would have a right to notice of cancellation only under the terms of an insurance policy.

Increases regulations on pharmaceutical facilities that provide compounding services for sterile pharmaceuticals
SB 704 (S-3) (Hune), RC 418, 6/12/2014, Passed: 110-0
SB 904 (H-2) (Hune), RC 419, 6/12/2014, Passed:110-0
Next: Returned to the Senate
Senate Bill 704 (S-3) (Hune) increases regulations on pharmaceutical facilities that provide compounding services for sterile pharmaceuticals. Senate Bill 904 (Hune) establishes felonies related to violating regulations proposed in SB 704 (S-3).

Expands public on premise liquor licenses in redevelopment and development project areas
SB 846 (Hildenbrand), RC 420, 6/12/2014, Passed:
Next: Returned to the Senate
Senate Bill 846 (Hildenbrand) expands the issuance of public on premise liquor licenses in redevelopment and development project areas in villages and townships, in addition to cities.

Require background checks prior to an individual adopting and animal
HB 4534 (H-7) (Muxlow), RC 421, 6/12/2014, Passed: 98-12
Next: Sent to the Senate for consideration
House Bill 4534 (H-7) amends Public Act 287 of 1969 (Pet Shops, Dog Pounds, and Animal Shelters) to establish “Logan’s Law,” which would require animal control shelters and animal protection shelters to conduct criminal background checks prior to allowing an individual to adopt an animal.

Restricts pet ownership for animal abusers
HB 4755 (H-2) (SANTANA), RC 422, 6/12/2014, Passed: 93-17
HB 5061 (H-2) (SANTANA), RC 423, 6/12/2014, Passed: 89-21
HB 5062 (H-2) (SANTANA), RC 425, 6/12/2014, Passed: 92-18
Next: Sent the Senate for consideration
House Bill 4755 (H-2) (SANTANA) restricts pet ownership and possession for animal abusers. House Bill 5061 (H-2) (SANTANA) allows animal control shelters or animal protection shelters to consider an individual’s criminal background history prior to adopting out animals. House Bill 5062 waives the $10.00 ICHAT fee for animal shelters and animal protection shelters conducting criminal background checks prior to adopting out animals.

Prohibits the practice of soliciting business as the scene of an accident
HB 4545 (H-4) (Zorn), RC 424, 6/12/2014, Passed: 105-5
Next: Sent to the Senate for consideration
HB 4545 (H-2) (Zorn) prohibits a person from traveling to the scene of anaccident to solicit business for a wrecker, recovery, or towing service.

Creation of the “Breastfeeding Antidiscrimination Act”
SB 674 (WARREN), RC 426, 6/12/2014, Passed:108-2
Next: Returned to the Senate
The bill creates the “Breastfeeding Antidiscrimination Act.”

Provides health insurance for family of public safety officers who die in the line of duty
HB 5608 (H-2) (Schmidt), RC 427, 6/12/2014, Passed: 110-0
Next: Sent to the Senate for consideration
House Bill 5608 (H-2) (Schmidt) would require the state to provide health insurance to the surviving spouses and dependents of public safety officers who died in the line of duty.

Creates an offer-in-compromise tax program
HB 4003 (S-3) (Walsh), RC 428, 6/12/2014, Passed: 109-1
Next: Sent to the Governor’s office
This bill will create an offer-in-compromise program in Michigan where specific taxpayers with unpaid taxes can negotiate with the state to pay less than what is owed to clear the debt.

Create the "municipal utility residential clean energy program act"
HB 5397 (Haveman), RC 429, 6/12/2014, Passed: 108-2
Next: Sent to the Senate for consideration
House Bill 5397 would create the "municipal utility residential clean energy program act."

Increase max. penalties for driving while under the influence of alcohol or controlled substance
HB 4567 (H-2) (Kowall), RC 430, 6/12/2014, Passed: 99-11
HB 4568 (H-2)  (Kowall), RC 432, 6/12/2014, Passed: 98-12
Next: Sent to the Governor’s office
House Bill 4567 (H-2) and House Bill 4568 (H-2) (Kowall) increase the statutory maximum penalties for driving while under the influence of alcohol or a schedule 1 controlled substance.

Funds for Michigan State Capitol Site Fund
SB 678 (Kahn), RC 431, 6/12/2014, Passed: 109-1
Next: Senate Bill 678 (H-1) (Kahn) provides on-going funding for the Michigan State Capitol Site Fund to help restore and maintain the Capitol Building.

Eliminate regulation and registration of foresters
SB 481 (Jansen), RC 433, 6/12/2014, Passed: 57-53
SB 484 (Jansen), RC 434, 6/12/2014, Passed: 61-49
HB 4379 (Crawford), RC 435, 6/12/2014, Passed: 59-51
HB 4380 (Crawford), RC 436, 6/12/2014, Passed: 59-51
Next: Returned to the Senate
These bills repeal Article 21 of the Occupational Code, which regulates and provides for the registration of foresters. The bill also rescinds administrative rules and deletes provisions of the Code related to foresters.

Penalties for residential squatters
HB 5069 (Heise), RC 437, 6/12/2014, Passed: 98-12
HB 5070 (Heise), RC 438, 6/12/2014, Passed: 94-16
HB 5071 (Heise), RC 439, 6/12/2014, Passed: 95-15
Next: Sent to the Governor’s office
Collectively, House Bills 5069-5071 penalize residential squatters.

Increase list of family members who are not subject to use tax while transferring a vehicle
HB 5261 (Cotter), RC 440, 6/12/2014, Passed: 109-1
Next: Sent to the Governor’s office
House Bill 5261 (S-2) 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-inlaw, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparent in-law.

Provide tuition assistance to members of the Michigan National Guard
HB 5451 (S-3) (Rendon), RC 441, 6/12/2014, Passed: 110-0
Next: Sent to the Governor’s office
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. The Senate S-3 would require that an eligible person would be required to have completed the course of study with a minimum grade point average of 2.0 on a 4.0 scale.

Exempt stamp sands from the Natural Resources and Environmental Protection Act
SB 872 (H-1) (Casperson), RC 442, 6/12/2014, Passed: 67-43
Next: Returned to the Senate
Senate Bill 872 (H-1) (Casperson) would exempt stamp sands from Part 201 (Environmental Remediation) of the Natural Resources and Environmental Protection Act (NREPA), and provide that property where stamp sands were deposited would not be subject to Part 201 unless excessive hazardous substances also were present.

Bills to take effect after 90 days after the date they are filed
HJR FF (McBroom), RC 443, 6/12/2014, Passed: 60-50
Next: Postponed, vote reconsidered
Legislature; rules; bills take effect upon the expiration of 90 days after the date they are filed with the secretary of state; provide for.  
Amends sec. 27, art. IV of the state constitution.

Repeal driver responsibility fees
HB 5414 (Haveman), RC 444, 6/12/2014, Passed: 110-0
Next: Sent to the Governor’s office
This bill phases out and ultimately repeal the often criticized driver responsibility fees.

Clarify how CTE programs work in conjunction with Michigan Merit Curriculum
SB 66 (S-8) (Proos), RC 445, 6/12/2014, Passed:110-0
Next: Returned to the Senate
SB 66 (S-8) addresses concerns regarding the establishment of career and technical education (CTE) programs and how they work in conjunction with the Michigan Merit
Curriculum (MMC).

Amends Michigan Merit Curriculum for certain subjects
HB 4465 (H-3) (McBroom), RC 446, 6/12/2014, Passed: 89-21
HB 4466 (H-3) (Johnson), RC 447, 6/12/2014, Passed: 90-20
Next: Sent to the Governor’s office
House Bill 4465 (McBroom) amends section 1278a of the Revised School Code to alter the current Michigan Merit Curriculum (MMC) standards as they relate to Algebra II, foreign language and Physical Education


Friday, June 6, 2014

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

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week.  I hope you’ll feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor
State Representative
68th District

Remove requirement that community planners register with the State
HB 4377 (S-2) (Kelly), Passed: 94-14
House Bill 4377 removes the requirement that community planners register with the State. In the S-2 substitute HB 4377 repeals Section 23 of the Occupational Code, which regulates community planners and tie-bars it to SB 494.


Deregulate ocularist occupation
HB 4392 (S-2) (HAUGH), Passed: 102-6
House Bill 4392 (H-1) would deregulate the ocularist occupation. HB 4392 (S-1) repeals Article 27 of the Occupational Code, which removes regulations and requirements for ocularists and tie-bars it to SB 607.

Creation of Entrepreneur in Residence Program
HB 4998 (H-2) (Schmidt), Passed: 85-24
This bill creates the Entrepreneur in Residence Program within the Michigan Strategic Fund.

Revise penalties for discharging a firearm from a vehicle
SB 582 (Marleau), Passed: 108-1
SB 583 (ANANICH), Passed: 108-1
Senate Bill 582 (Marleau) revises the criminal penalties intentionally discharging a firearm from a motor vehicle, snowmobile, or off-road vehicle. The bill also revises the penalty for intentionally discharging a firearm in reckless disregard for another individual. Senate Bill 583 (ANANICH) is the sentencing guidelines companion bill.


Allow judges to administer oaths for arrest warrants in person or electronically
HB 5246 (H-2) (Rogers), Passed: 108-1
House Bill 5246 (Rogers) would allow a judge to administer an oath or affirmation for an arrest warrant either in person or electronically.





Limits liability for private airstrip owners in the event of aviation related injuries
HB 5178 (Pettalia), Passed: 62-47
House Bill 5178 limits premises liability for property owners when aviation related injuries occur on their private airstrips.

Revise procedures for roadside analysis for driving under the influence of alcohol or controlled substances
HB 5383 (H-2) (Lauwers), Passed: 108-1
HB 5385 (H-2) (Lauwers), Passed: 101-8
Together, these bills revise the procedures for roadside analysis for driving under the influence of alcohol or controlled substances.

Exempts company test vehicles from a potential RTA vehicle registration tax
SB 265 (Jones), Passed: 83-25
Senate Bill 265 exempts company test vehicles from a vehicle registration tax that could potentially be charged by the Regional Transit Authority (RTA) in Wayne, Oakland, Macomb, and Washtenaw Counties if approved by voters.

Require driver’s ed to include information on bicycle and motorcycle laws
HB 5438 (BROWN), Passed: 108-0
House Bill 5438 would amend the Driver Education Provider and Instructor Act to require driver’s education instruction to include and emphasize information on the laws pertaining to the operation of bicycles and motorcycles on streets, roads, and highways.

Amend procedures for video recorded statements given by children to DHS
HB 5270 (McMillin), Passed: 108-0
HB 5271 (KOSOWSKI), Passed: 108-0
HB 5272 (Hooker), Passed: 108-0
Collectively, these bills amend the procedure for video recorded statements given by children to the Department of Human Services (DHS) or law enforcement officers.


Eliminate registration requirement for interior designers and Advisory Subcommittee on Interior Design
HB 4378 (S-1) (LaFontaine), Passed: 102-6
House Bill 4378 (H-1) eliminates the registration requirement and the Advisory Subcommittee on Interior Design. The substitute S-1 now repeals Sec. 601a from the Occupational Code, removing all references to interior designers.

Eliminates the ability of consumers to bring a MCPA action against insurance companies
HB 5558 (Leonard), Passed: 57-49
House Bill 5558 (Leonard) eliminates the ability of consumers to bring a Michigan Consumer Protection Act (MCPA) action against insurance companies for unfair, unconscionable, or deceptive methods, acts, and practices occurred before, on, or after March 28, 2001 and are unlawful under the Insurance Code of 1956.



Deregulation of auctioneer profession
HB 4683 (S-1) (NATHAN), Passed: 86-22
HB 4684 (S-1) (Denby), Passed: 84-24
House Bill 4681 (Denby) deregulates auctioneers by eliminating the voluntary provision that these professionals register after meeting certain conditions, including passing an examination described in the Occupational Code. House Bill 4682 (HAUGH) removes the corresponding state license fee for auctioneers. House Bill 4683 (NATHAN) removes language that wine auctions do not have to be held by licensed auctioneers. House Bill 4684 (Denby) removes The S-1 substitutes for HB 4683 (NATHAN) and 4684 (Denby) update the tie-bars to include SB
476 and 477 (Hildenbrand).

Require PSC to commence proceedings examining cost allocation and rate design methods
HB 5476 (S-1) (Stamas), Passed: 104-4
House Bill 5476 would require the Michigan Public Service Commission (PSC) to commence a proceeding for certain electric utilities to examine cost allocation methods and rate design methods used to set rates. These utilities would file proposals to modify existing methods and the details of the proposal requirements and relevant timeframes are set forth in the bill. The purpose of the bill is to modify rates to better reflect the cost of service as contained in current law (which would likely lower rates for energy intensive industrial customers).

Exempt gun records from disclosure under FOIA
SB 49 (H-1) (Casperson), Passed: 80-28
Senate Bill 49 (H-1) (Casperson) amends Michigan’s gun laws to establish firearms records as confidential, not subject to disclosure under FOIA, and cannot be disclosed to any person except in limited circumstances for limited purposes.

Amend gun licensure law to exempt certain information from disclosure under FOIA
SB 834 (S-1) (Pavlov), Passed: 87-21
Senate Bill 834 (Pavlov) amends MCL 28.422b of P.A. 327 to delete section 2b(5) which exempts information contained in certain orders or dispositions from public disclosure under FOIA when such information is filed with the Michigan State Police for entry into the Law
Enforcement Information Network (“LEIN”).

Amend gun licensure law to exempt certain information from disclosure under FOIA
SB 881(S-1) (Hansen), Passed: 87-21
Senate Bill 881 (Hansen) amends MCL 28.425o of P.A. 327 to delete a provision that exempts from FOIA records made available by an establishment licensed under the Michigan Liquor Control Code of 1998 to enforce “no carry zones.”

Allow county treasures to waive additional interest on delinquent property taxes in certain circumstances
HB 5421 (Walsh), Passed: 108-0
This bill allows a county treasurer to waive additional interest on delinquent property taxes for redemption purposes if a residential property is withheld from tax foreclosure due to the owner's economic hardship. This essentially allows the county treasurer to reduce the interest from 1.5% per month (18% per year) to 1% per month (12% per year).


Allow issuance of crop damage hunting permits to include bears
HB 5226 (H-2) (McBroom), Passed: 103-5
House Bill 5226 is a bill which expands the issuance of crop damage hunting permits to include bear.

Include Pure Michigan in a statewide trail network
HB 5553 (Franz), Passed: 106-2
HB 5559 (Pagel), Passed: 106-2
These bills comprise a package that amends the Natural Resources and Environmental Protection Act to codify recommendations made in the Michigan Comprehensive Trail Plan report, including the creation of the Pure Michigan Trails program.

Printing guidelines for House and Senate journals, require them to be posted online
HB 5610 (Denby), Passed: 104-4
HB 5610 would allow the official journals of the House and Senate to be printed in a quantity determined by the Secretary of the Senate and the Clerk of the House, and also require the journals to be available online.

Criminal penalties for soliciting another to obtain ephedrine or pseudoephedrine to manufacture meth
HB 5089 (H-1), (Genetski), Passed: 105-3
HB 5090 (H-2) (Nesbitt), Passed: 105-3
Together, these bills create criminal penalties for soliciting another person to purchase or obtain products containing ephedrine or pseudoephedrine (PSE) to illegally manufacture methamphetamine (“meth”).

Criminal penalties for possessing PSE knowing that it will be used to make meth
HB 5363 (H-1) (Price), Passed: 105-3
House Bill 5363 (H-1) (Price) creates criminal penalties for purchasing or possessing any amount of ephedrine or pseudoephedrine (PSE) knowing or having reason to know that it will be combined to make methamphetamine (“meth”).

Amend Incompatible Public Offices Act to ensure that the Detroit Mayor and Detroit City Council members may legally serve on the Financial Review Commission
HB 5600 (Walsh), Passed: 104-4
House Bill 5600 would amend the Incompatible Public Offices Act to ensure that the Detroit Mayor and any Member of the Detroit City Council may legally serve on the Financial Review Commission, which will have oversight over the finances and management of the city.

Allow funds from UCRF to be used in cost allocation and rate design proceedings
HB 5612 (Shirkey), Passed: 107-1
House Bill 5612 would allow funds from the Utility Consumer Representation Fund (UCRF) to be used for participation in cost allocation and rate design proceedings created under House Bill 5476 (Stamas). The UCRF funds collected are split between the Attorney General and the Utility Consumer Participation Board (UCPB). The Attorney General uses the funding to advocate on behalf of Michigan utility customers in general and the UCPB is responsible for granting funding to specific interest groups to advocate for the residential consumer groups they represent.


Allow RTA to enter agreement with M-1 RAIL to secure funds for light rail project
HB 5168 (H-2) (Walsh), Passed: 82-26
HB 5169 (Schmidt), Passed: 83-25
House Bill 5168 (H-2) and House Bill 5169 allow the Regional Transit Authority (RTA) in southeast Michigan to enter an agreement with M-1 RAIL to secure federal funds for both the M-1/Woodward light rail project and, potentially, a bus rapid transit system operated by the RTA. The bills would also change the approval process for the RTA to agree to a transfer of M-1 RAIL assets to the RTA from a unanimous board vote to a 7/9 supermajority vote.

Expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership”
HB 5552 (H-1) (Pettalia), Passed: 77-31
House Bill 5552 (H-1) expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership” for the purpose of property taxes (i.e., pop-up) and specifies that a transfer of residential property to a trust in which one or more family members are the sole beneficiaries is also not a “transfer of ownership.”

Creates process for terminating an individual’s rights to specific cemetery space
HB 4890 (H-3) (McBroom), Passed: 106-2

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