Monday, October 27, 2014

House of Representatives Week in Review: September 15th - October 3rd



Hello Friends,

 

Though I’m posting it here a bit late, I wanted you to be aware of the legislation that passed the House in August, September, and October.  Below please find an update on legislation passed by the House of Representatives during the weeks of September 15th- October 3rd.

 

Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have any questions or thoughts about any of the below bills.

 

Thank you!

 

Andy Schor

State Representative

68th District

 

Passed 9/15 – 9/19/14

 

Amend the Child Protection Law to allow DHS to not release or open certain documents

HB 5338, 9/16/14, Passed: 104-2

House Bill 5338 amends the Child Protection Law to allow DHS to not release or open documents, reports, or records authored by or obtained from another agency or organization unless required by state or federal law, the release is in response to an order issued by a judge, magistrate, or other authorized judicial officer, or unless the documents are requested for a child abuse or child neglect case or for a criminal investigation of child abuse or child neglect conducted by law enforcement.

 

Amends the Social Welfare Act to prohibit the release or opening of certain documents

HB 5341, 9/16/14, Passed: 96-10

HB 5341 amends the Social Welfare Act to prohibit documents, reports, or records authored by or obtained from another agency or organization from being released or open for inspection to individuals and groups generally able to receive information from DHS, unless required by state or federal law, or in response to a judicial order.

 

Subjects property gained illegally through human trafficking to civil forfeiture

HB 5233, 9/16/14, Passed: 93-13

House Bill 5233 subjects the assets and property of convicted criminal defendants, gained illegally through human trafficking, subject to civil forfeiture.

 

Creates the Alternative Contempt Track for certain individuals in arrears on child support payments

HB 5472, 9/17/14, Passed: 108-0

House Bill 5472 amends the Support and Parenting Time Enforcement Act to allow an individual who is subject to a contempt proceeding for failure to pay child support, to have his or her case placed on an alternative contempt track docket with court approval. The alternative contempt track is available for a payer who is determined by the court to have difficulty making support payments due to specific reasons.

 

Amend Paternity Act to establish paternity with blood typing or DNA profiling

HB 5463, 9/17/14, Passed: 106-2

House Bill 5463 amends the Paternity Act to state that if paternity is established by blood or tissue typing or DNA identification profiling is 99% or higher, conducted by a person accredited for paternity determinations by a person accredited by a nationally recognized scientific organization, and is admissible in court, then paternity is established and the court must enter an order of filiation declaring paternity and provide for support of the child.

 

Provide for paternity testing in certain cases

HB 5464, 9/17/14, Passed: 105-3

House Bill 5464 would create the “Genetic Parentage Act,” which provides for genetic testing in certain paternity cases and prescribes the duties and responsibilities of certain State departments, agencies, and officers.

 

Allow courts to refuse to enter an order revoking acknowledgement of paternity

HB 5473, 9/17/14, Passed: 106-2

House Bill 5473 amends the Revocation of Paternity act to allow a court to refuse to enter an order revoking an acknowledgement of paternity if the court finds evidence that the order would not be in the best interests of the child, based on certain factors.

 

Require plaintiff to provide certain information required by the State Treasurer

HB 5511, 9/17/14, Passed: 105-3

House Bill 5511 amends the Revised Judicature Act. Upon a judgment against the State of Michigan or State subdivision becoming final, or a claim being allowed and certified by the clerk of the Court of Claims, the plaintiff/claimant must provide the clerk any information required by the State Treasurer (Treasurer) to identify the plaintiff/claimant or, if applicable, each individual for whose benefit the action was brought or the claim made, for purposes of complying with requirements listed below or to perform the treasurer’s duties listed below. The state treasurer must notify the clerk of the information needed from a plaintiff/claimant to satisfy this section.

 

Allow for the denial of Family Independence Program benefits when recipient fails to comply with certain requirements

HB 5512, 9/17/14, Passed: 94-14

House Bill 5512 amends the Social Welfare Act to allow for the denial of Family Independence Program (FIP) benefits if a recipient fails, without good cause, to comply with applicable child support requirements. HB 5512 also removes the DHS’s ability to promulgate rules in accordance with the Administrative Procedures Act.

 

Create the “Summary Report and Paternity Act”

HB 5465, 9/17/14, Passed: 104-4

This Act can only be used by a Title IV-D agency to establish paternity and support. A man is the father of a child born out of wedlock if the man has been determined to be the child’s father under this Act, other Michigan law, or the law of another state.

If the paternity of a child born out of wedlock has not otherwise been established and the child is either supported in whole or in part by public assistance or if either party has signed an application for services under Title IV-D, the Title IV-D agency may file a statement with the court on behalf of the child, the mother, or the alleged father.

 

Provides for consolidation of child support functions into one agency

HB 5466, 9/18/14, Passed: 98-10

HB 5467, 9/18/14, Passed: 96-12

HB 5468, 9/18/14, Passed: 96-12

HB 5469, 9/18/14, Passed: 96-12

HB 5470, 9/18/14, Passed: 96-12

HB 5471, 9/18/14, Passed: 95-13

Amends the Paternity Act to allow the DHS and prosecuting attorney to enter into an agreement to transfer the prosecutor’s responsibilities under this Act to one of the following:

·         The friend of the court, with the approval of the chief judge of the circuit court;

·         An attorney employed or contracted by the country; or,

·         An attorney employed by or under contract with the DHS.

 

Modifies how a parent can fill out an acknowledgement of parentage form when a child is born out of wedlock

HB 5510, 9/18/14, Passed: 108-0

House Bill 5510 modifies how a mother or father can fill out an acknowledgement of parentage form when a child is born out of wedlock. A form will be effective if signed by the mother and father and those signatures are each notarized by a notary public or witnessed by one disinterested, legally competent adult.

 

Allow parents to appeal a paternity determination based on genetic testing

HB 5583, 9/18/14, Passed: 106-2

House Bill 5583 amends the Revocation of Paternity Act, which will allow mothers and genetic fathers an opportunity to appeal a paternity determination based on genetic testing.

 

Amends the Income Tax Act to make an exception to withholding requirements in certain cases

SB 473, 9/18/14, Passed: 107-1

SB 473 amends the Income Tax Act to make an exception to withholding requirements for a flow-through entity if the withholding would violate certain restrictions pertaining to housing assistance programs.

 

Make it a felony to fraudulently indicate on a certificate of title that there was not a security interest for a vehicle

SB 915, 9/18/14, Passed: 108-0

The bill would amend the Vehicle Code to make it a felony to fraudulently indicate on a certificate of title that there was not a security interest on record for a vehicle, or to forge or counterfeit a letter from the holder of a security interest in a vehicle stating that the security interest had been released. In addition to general felony penalties under the Vehicle

Code, a person who violated either of the proposed prohibitions would be required under the bill to pay restitution to the holder of the security interest in the vehicle in the amount of the outstanding lien on the vehicle.

 

Extends the sunset that allows excess revenues deposited in the Crime Victim’s Rights Fund to be spent on a statewide trauma system

HB 491, 9/18/14, Passed: 105-3

House Bill 4915 amends MCL 780.904 to extend the sunset that allows excess revenues deposited in the Crime Victim’s Rights Fund to be spent on a statewide trauma system. The use of funds in this manner has a statutory sunset of October 1, 2014. House Bill 4915 extends the sunset four more years to October 1, 2018.

 

Authorizes the Secretary of State to enter into contracts to establish and operate an electronic lien title system

SB 916, 9/18/14, Passed: 108-0

SB 917, 9/18/14, Passed: 108-0

SB 918, 9/18/14, Passed: 108-0

Senate Bills 916-918 authorize the Secretary of State to enter into contracts to establish and operate an electronic lien title system to process the notification and release of security interests through electronic file transfers, in lieu of the issuance and maintenance of paper documents. The bills make additional necessary changes to the Vehicle Code to facilitate the switch to the electronic system.

 

Changes the requirements and process of wage garnishment

HB 5390, 9/18/14, Passed: 102-6

HB 5391, 9/18/14, Passed: 102-7

HBs 5390 & 5391 would change the way that wage garnishment is done in Michigan, specifically what is required when an order is directed to a third party (the garnishee/employer) to withhold periodic or non-periodic payment of assets.

 

Provides courts authority to impose certain additional costs on criminal defendants

HB 5785, 9/18/14, Passed: 95-14

House Bill 5785 provides courts general statutory authority to impose certain additional costs on criminal defendants. The bill is in response to the June 18, 2014 Michigan Supreme Court (MSC) decision in People v. Cunningham (496 Mich. 145 (Mich.), 2014 WL 2765734 (Mich.) in which the court unanimously held that trial courts may impose costs on guilty criminal defendants only where such costs are separately authorized by statute.

 

Fix a drafting error made when the Michigan Merit Curriculum was amended by HB 4465

HB 5793, 9/18/14, Passed: 109-0

HB 5793 (H-1) fixes a drafting error made when the Michigan Merit Curriculum was amended by HB 4465 (PA 208 of 2014), which among other things struck out language which established that beginning with the class of 2016, students would be required to have two years of foreign language through their public education.

 

Prohibits vehicle makers from preventing a dealer from charging customers certain fees

HB 5606, 9/18/14, Passed: 106-3

This bill would prohibit vehicle makers from preventing a dealer from charging customers a fee or charge allowed by the law that authorizes the state to enforce exclusive new car dealer “territories” and regulates commercial relationships between dealers and manufacturers.

 

Prohibits a health care provider from being subject to investigation or disciplinary action

HB 5649, 9/18/14, Passed: 109-0

The bill would, except in the cases of gross negligence or willful misconduct prohibit a health care provider or health care facility from being subject to Department investigation or disciplinary action relating to the “Right to Try Act.”

 

FY 2013-14 supplemental to offset HICA shortfall

SB 616, 9/18/14, Passed: 78-31

Senate Bill 616 is a FY 2013-2014 supplemental. The bill appropriates $260,106,700, of which $173,322,700 is General Fund/General Purpose. The bill deals with the appropriation of revenue received due to the Medicaid MCO Use Tax imposed to offset the shortfall in HICA revenue.

 

Designate $5.5M of Autism Coverage Reimbursement fund for university and family programs

HB 5742, 9/18/14, Passed: 88-21

The bill would add a new section to the Autism Coverage Reimbursement Act of 2012 and would designate $5.5 M of the fund be appropriated to university autism programs and autism family assistance services for FY15 only.

 

Passed 9/22 – 9/26/14

 

Allow tobacco stamping agents to be compensated for technology upgrades

SB 1017, 9/23/14, Passed: 107-1

Senate Bill 1017 provides for tobacco stamping agents to be compensated for upgrading their technology to apply digital stamps to cigarette packaging.

 

Eliminate requirement that vehicles of a certain weight maintain identification information

SB 277, 9/23/14, Passed: 101-7

SB 277 amends the Vehicle Code to eliminate the requirement that all commercial vehicles with a single or combination gross weight rating or a total gross weight of more than 5,000 pounds maintain identification information on the side of the vehicle that includes the name, city, and state or the registered logo or emblem of the registered owner of the vehicle. However, the bill maintains the provision for wreckers and road service vehicles. The bill would take effect 90 days after it is enacted into law.

 

Resets sunset provisions for local municipalities to bond out certain unfunded pension liabilities

SB 922, 9/23/14, Passed: 107-1

SB 922 resets sunset provisions for local municipalities to bond out unfunded pension liabilities for closed out defined benefit programs and retiree health care liabilities. As well, it creates the opportunity for municipalities to issue “refunding securities” for the bonds provided the “refunding securities” do not have a further out maturity date and the municipality has a credit rating of AA at minimum.

 

Allow Senate Secretary and House Clerk to administer oath of office

HB 5781, 9/24/14, Passed: 108-0

HB 5781 would allow the Secretary of the Senate and the Clerk of the House of Representatives to administer the oath of office to any member of the Senate or House of Representatives.

 

Reduce yearly licensing fees paid by athletic trainers

HB 5419, 9/24/14, Passed: 91-17

House Bill 5419 reduces the yearly licensing fee paid by athletic trainers, as well as amends regulations related to necessary training and qualifications to be licensed as an athletic trainer in Michigan.

 

Amends the Liquor Control Code to clarify unintended consequences related to powdered alcohol

HB 5798, 9/24/14, Passed: 103-6

Amends the Liquor Control Code to clarify unintended consequences related to conditional licensing and secondary use, as well as prohibit the sale, use, or possession of powdered alcohol in most circumstances. This bill also includes language to change the fingerprinting process for licensee applicants.

 

Allows state-approved non-public schools to provide professional development for teachers

HB 5669, 9/24/14, Passed: 109-0

Allows state-approved non-public schools (schools that comply with Act 302 of 1921, the Private, Denominational, and Parochial Schools Act) to provide professional development for their teachers which counts towards issuance or renewal of the teacher’s teaching certificate provided the professional development is substantially the same in program content as programs offered by a public school.

 

Amend PERA to exempt certain professions from prohibition against wage increases

HB 5097, 9/24/14, Passed: 97-12

Amends the Michigan’s Public Employment Relations Act (PERA) to exempt public police, fire departments, and emergency service workers from the prohibition against wage increases following the expiration date of a collective bargaining agreement (CBA).

 

Allow banks to conduct a savings promotion raffle

HB 5412, 9/24/14, Passed: 108-1

HB 5413, 9/24/14, Passed: 108-1

Allows a bank to conduct a savings promotion raffle. Note: Currently credit unions are allowed to do this under the Credit Union Act (PA 215 of 2003).

 

Allow for the Dept. of Treasury to oversee management of the Foster Care Trust Fund

HB 5444, 9/24/14, Passed: 108-1

Intended to minimize costs and ensure the Foster Care Trust Fund runs with little overhead by eliminating the trust fund board and have the Department of Treasury (Treasury) oversee the fund’s management in conjunction with the Department of Human Services (DHS).

 

Provide protections for those who administer an opioid antagonist in good faith

SB 857, 9/24/14, Passed: 108-0

Senate Bill 857 amends Public Act 17 of 1963 (Good Samaritan Law) to provide civil liability protection for individuals who administer an opioid antagonist, in good faith, to another person who they believe is suffering the immediate effects of an opioid related overdose.

 

Passed 9/29 – 10/3/14

 

Allow for the prescription and dispense of opioid antagonists to friends/family of those who overdose

HB 5404, 10/1/14, Passed: 107-2

HB 5405, 10/1/14, Passed: 109-0

HB 5407, 10/1/14, Passed: 109-0

These bills amend various sections of the Michigan Public Health Code, which outline specific provisions for the use of an opioid antagonist in response to a drug overdose.

 

Eliminate the county administrative rate for foster care services

HB 5507, 10/1/14, Passed: 109-0

House Bill 5507 requires the state to pay 100% of the administrative rate for providers of foster care services. This is a FY 2014 and FY 2015 budget implementation bill necessary due to Public Act 34 of 2014 and Public Act 252 of 2014, which provided additional funds to have the state pay 100% of private child placing agency administrative rates, instead of splitting this cost with the counties.

 

Require DHS to include on child’s medical passport that they may be a victim of human trafficking

SB 587, 10/1/14, Passed: 108-1

Senate Bill 587 would require the Michigan Department of Human Services (DHS) or the supervising foster care placement agency to include on a foster child’s medical passport that he or she may be a victim of human trafficking. In addition, DHS or the supervising agency would have to provide appropriate counseling services for minor victims of human trafficking.

 

Extend the statute of limitation for certain human trafficking offenses

SB 584, 10/1/14, Passed: 108-1

Senate Bill 584 would extend the statute of limitation (SOL) for certain human trafficking offenses.

 

Created “Human Trafficking Victims Compensation Act”

SB 590, 10/1/14, Passed: 109-0

Senate Bill 590 creates the “Human Trafficking Victims Compensation Act” which will allow victims of human trafficking to recover economic and noneconomic damages from their violators. Under the bill, human trafficking would be entitled to recover for damages that resulted from: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation, or mortification; (6) disability; (7) disfigurement; (8) aggravation of a preexisting ailment or condition; (9) reasonable expenses of necessary medical or psychological care, treatment, and services; (10) loss of earnings or earning capacity; (11) damage to property; and (12) any other necessary and reasonable expense incurred as a result of the violation.

 

Allow victims of human trafficking to receive medical assistance

SB 592, 10/1/14, Passed: 109-0

Senate Bill 592 amends Public Act 280 of 1939 (The Social

Welfare Act) to allow victims of human trafficking to receive medical assistance for medical and psychological treatment. The bill defines “human trafficking victims” as it is defined in the Michigan Penal Code (Chapter 67A –MCL 750.462a through MCL 750.462j) and includes all violations that subject a person to forced labor, services, sexually abusive activity, etc.

 

Requires child placement agencies to give special consideration to child victims of human trafficking

SB 593, 10/1/14, Passed: 109-0

Senate Bill 593 requires the Department of Human Services (DHS) or a child placement agency to give special consideration to child victims of human trafficking prior to foster care placement.

 

Require LARA to adopt training standards for identifying victims of human trafficking

SB 597, 10/1/14, Passed: 101-8

Senate Bill 597 amends the “Public Health Code” to require the Department of Licensing and Regulatory Affairs (LARA) to adopt rules that include training standards for identifying victims of human trafficking.

 

Creates the “Right to Try” Act

SB 991, 10/1/14, Passed: 109-0

The bill creates the “Right to Try Act” which would allow certain eligible patients access to drugs, biological products, and medical devices not yet approved for general use.

 

Require juvenile courts to maintain recordings of hearings

SB 705, 10/1/14, Passed: 109-0

Senate Bill 705 amends Chapter 12A of the “Probate Code of 1939” to require recordings of juvenile hearings be maintained as prescribed by the rules of the Michigan

Supreme Court. Under current law, the tape of the hearing must be stored as a permanent record of the court.

 

Amends the Probate Code to establish where an adoption petition must be filed

HB 5743, 10/1/14, Passed: 109-0

House Bill 5743 removes language that limited a petitioner to filing a petition for adoption only in the county where the petitioner resided or where the adoptee is found. Under HB 5743, a petitioner will also be able to file a petition for adoption in the county where the parent’s parental rights were terminated, or where termination is pending. HB 5743 also removes a judge’s ability to transfer a petition jurisdiction for adoption to a separate county because the petition was not filed in the county where the petitioner resides or where the adoptee is located.

 

Remove filing fee requirements if the party is filing a child protective action

HB 5744, 10/1/14, Passed: 109-0

House Bill 5744 amends the Revised Judicature Act to remove filing fee requirements if the party is filing a child protective action or a delinquency action under the Probate Code or the Young Adult Voluntary Foster Care Act.

 

Allow court jurisdiction for foster care youth while DHS establishes guardianship assistance eligibility

HB 5745, 10/1/14, Passed: 109-0

HB 5746, 10/1/14, Passed: 109-0

House Bills 5745 and 5746 allow a court to retain jurisdiction over a youth while the Department of Human Services establishes whether a foster care youth is eligible for guardianship assistance.

 

Eliminates certain requirements regarding practices related to transportation employee retirement compensation

SB 882, 10/1/14, Passed: 107-2

Senate Bill 882 eliminates cities and villages from requirements to implement certain practices related to transportation employee retirement compensation and medical benefits and develop a transparency website as a condition of receiving road funding under Public Act 51 of 1951. In addition, the bill gives county road commissions an additional year to comply with these requirements.

 

Extends fiscal years funding for the state trunk line fund

SB 1016, 10/1/14, Passed: 107-2

Senate Bill 1016 is a Fiscal Year 2013-2014 budget implementation bill.

The bill amends PA 231 of 1987, the act which creates and governs the Transportation Economic

Development Fund (TEDF), to redirect $12.0 million from the TEDF to the State Trunkline Fund

(STF) for the fiscal year ending September 30, 2014. The reduction would be taken from the

Targeted Industry program or “Category A” projects, which are considered state projects. The intent of the shift is to match available federal aid highway funds.

 

Criminally prohibit soliciting a minor for sex

SB 205, 10/2/14, Passed: 107-0

SB 206, 10/2/14, Passed: 107-0

These bills amend the Michigan Penal Code and Code of Criminal Procedure, respectively, to criminally prohibit and punish the act of soliciting a minor for sex.

 

Make “soliciting a minor for sex” a registrable offense

SB 602, 10/2/14, Passed: 106-1

Senate Bill 602 amends the Sex Offenders Registration Act (SORA) to make “soliciting a minor for sex” a registrable offense.

 

Creates a diversion program for adult human trafficking victims charged with prostitution offenses

SB 585, 10/2/14, Passed: 107-0

Amends the Michigan Penal Code to create a diversion program for adult human trafficking victims charged with prostitution offenses.

 

Outlines the implementation of foster care and adoption assistance subsidies from the Department of Human Services

SB 890, 10/2/14, Passed: 107-0

Senate Bill 890 amends the Social Welfare Act to implement new procedures for determining and re-determining the adoption support or assistance subsidy received by an adoptive parent for an adopted child. The bill adds a definition for the “determination of care rate.”

 

Creates “Sexual Assault Evidence Kit Tracking and Reporting Act”

SB 998, 10/2/14, Passed: 107-0

Creates the “Sexual Assault Evidence Kit Tracking and Reporting Act” through which a commission would be established to develop guidelines and procedures for sexual assault evidence kit tracking.

 

Creates “Sexual Assault Victim’s Access to Justice Act”

SB 1004, 10/2/14, Passed: 107-0

Senate Bill 1004 creates the “Sexual Assault Victim’s Access to Justice

Act,” which provides certain rights and access to information to sexual assault victims.

 

Amend the Children’s Trust Fund to specify how much can be annually disbursed

SB 861, 10/2/14, Passed: 107-1

Senate Bill 861 specifies that beginning in Fiscal Year 2015 and continuing through 2017, all money contributed to the fund that year, plus 4.25% of the 12- quarter rolling average of the fund, including unrealized gains and losses, must be available for disbursement.

 

Waive late registration fee for vehicles in storage at time of renewal

HB 5422, 10/2/14, Passed: 92-15

House Bill 5422 provides for the waiving of the $10 late registration fee on a vehicle that is in storage at the time of the vehicle’s registration renewal date.

 

Amend Motor Carrier Act licensing of intrastate trucking, towing, and moving companies

HB 5714, 10/2/14, Passed: 105-2

House Bill 5714 makes several amendments to update the Motor Carrier Act in relation to the licensing and regulation of intrastate trucking, towing, and moving companies by the Michigan Public Service Commission.

 

Prohibits abandoning a vessel, ORV or snowmobile

HB 5563, 10/2/14, Passed: 107-0

HB 5563 would amend the Natural Resources and Environmental Protection Act (NREPA) to state that a person shall not abandon a vessel, ORV, or snowmobile in the state. If any of these are abandoned the bill establishes processes to identify ownership, dictate fees, and create a Fund to help with the remediation of abandoned vehicles.

 

Exempt golf carts from requirement of no fault automobile insurance

HB 5636, 10/2/14, Passed: 104-3

HB 5636 would add “golf cart” to a list of vehicle-like transportation devices that are exempt from the requirement that they be insured under a no fault automobile insurance policy. The bill would also define that term as “a vehicle designed for transportation while playing the game of golf.” Additionally, Rep. SEGAL offered a substitute that added “motorized wheelchair” to the list of things that are not required to be insured under the Act.

 

Update the Insurance Code based on NAIC’s Insurance Holding Company System Regulatory Act

HB 5792, 10/2/14, Passed: 107-0

HB 5792 makes a number of technical changes to the Insurance Code of 1956 that are based on the NAIC’s Model Act. Following the financial crisis, the NAIC had made a concerted effort to give regulators the ability to look beyond an initial company and instead look at the greater group of companies that it may control or that may control it.

 

Amend the Insurance Code of 1956 by requiring the use of a risk management by insurers

HB 5823, 10/2/14, Passed: 107-0

HB 5823 would require insurers, or the greater insurance group to which an insurer may belong, to use a risk management framework. An insurer, or the insurance group of which the insurer is a member, shall regularly (at least annually) conduct an own risk and solvency assessment (ORSA), as set forth in the ORSA guidance manual. An ORSA shall also be conducted at any point after significant changes to the risk profile of the insurer or the insurance group occur.

 

Removes cap on fees the Liquor Control Commission may pay a vendor of spirits per case

HB 5578, 10/2/14, Passed: 102-5

House Bill 5578 removes the cap on fees the Liquor Control Commission may pay a vendor of spirits in addition to the acquisition price for purchasing the spirits. The minimum fee for each case of spirits purchased is $4.50, there will no longer be a maximum fee. The current maximum additional fee is $7.50 per case of spirits purchased.

 

Defines LARA’s abilities to permanently revoke health professional licenses

HB 5839, 10/2/14, Passed: 107-0

HB 5840, 10/2/14, Passed: 107-0

HB 5841, 10/2/14, Passed: 107-0

HB 5842, 10/2/14, Passed: 107-0

This bill package relates to the ability for the Department of Licensing and Regulatory Affairs to permanently revoke health professional licenses.

 

Bill Contents:

 

HB 5839

The bill simply defines “permanent revocation” to mean the permanent cancellation or withdrawal of a license, registration, or authorization to engage in the practice of a health profession under this article that is issued by the Department, Board, or Task Force.

 

HB 5840

The bill would add a conviction of assault with intent to commit murder, assault with intent to do great bodily harm less than murder, or assault by strangulation or suffocation, first or second degree murder, and manslaughter as grounds for action by a disciplinary subcommittee, and would require permanent revocation if the violation occurred while the licensee or registrant was acting within the health profession for which the person was licensed or registered.

 

HB 5841

The bill would restrict a disciplinary subcommittee from imposing a sanction of permanent revocation unless there is a finding that the licensee or registrant engaged in a pattern of intentional acts of fraud or deceit that resulted in personal financial gain to the licensee or registrant and resulted in harm to the health of patients under the licensee’s or registrant’s care.

 

HB 5842

The bill eliminates current language regarding a person’s ineligibility for reinstatement after a permanent revocation for a criminal sexual conduct violation occurring within the practice of a licensed or registered health profession.

 

Prohibits soliciting business at the scene of a vehicle accident

HB 4545, 10/2/14, Passed: 103-4

HB 4545 prohibits a person from traveling to the scene of an accident to solicit business for a wrecker, recovery, or towing service.

 

Amends the procedures health facilities follow regarding sexual assault victims and rape kits

SB 1021, 10/2/14, Passed: 107-0

Senate Bill 1021 amends MCL 333.21527 of the “Public Health Code” to:

Require attending health care personnel to immediately notify a victim of the availability of a medical forensic examination, including the administration of a rape kit, if the victim alleges to a physician or other health care personnel that he or she has been the victim of criminal sexual conduct under MCL 750.520a through MCL 750.520l, within the preceding 120 hours.

 

Require expedited HIV testing of criminal defendants charged with CSC if requested by victim

SB 1036, 10/2/14, Passed: 107-0

Senate Bill 1036 would require circuit courts to order an expedited examination or testing of a criminal defendant charged with CSC, upon the victim’s request.

 

Allow court to release a defendant on bail if they submitted to roadside analysis for drugged/drunk driving

SB 863, 10/2/14, Passed: 107-0

Senate Bill 863 allows a judge or district court magistrate to release a criminal defendant on bail if he or she submitted to a preliminary roadside analysis for drugged and drunk driving offenses.

 

Allow for an affidavit or copy of mortgage to be effective in the case of a destroyed mortgage

HB 4368, 10/2/14, Passed: 103-4

HB 4640, 10/2/14, Passed: 103-4

The bills would allow, in the case of an unrecorded lost or destroyed mortgage, an affidavit and a copy of the original document to be recorded and have these documents be effective.

 

Allow a peace officer to conduct a preliminary roadside analysis of driver suspected to be under the influence

HB 5385, 10/2/14, Passed: 104-3

Amends the “Michigan Vehicle Code” to allow a peace officer to conduct a “preliminary roadside analysis” when he or she suspects a driver of operating a motor vehicle while under the influence of alcohol or a controlled substance.

 

Prohibit car makers from preventing a dealer from charging customers certain fees pertaining to new car dealer “territories”

HB 5606, 10/2/14, Passed: 106-1

This bill would prohibit vehicle makers from preventing a dealer from charging customers a fee or charge allowed by the law that authorizes the state to enforce exclusive new car dealer “territories” and regulates commercial relationships between dealers and manufacturers.

 

Create new article of the Uniform Securities Act regarding Michigan Investment Markets

HB 5273, 10/2/14, Passed: 107-0

HB 5273 lays out the framework for requiring local stock exchanges to be registered with LARA as a Michigan Investment Market (MIM) and for the operations of such exchanges. This bill would allow for the creation of MIMs, through which local investors could sell their shares to third parties, rather than just selling it back to the originating company.

 

Provides courts authority to impose certain costs on defendants

HB 5785, 10/2/14, Passed: 95-12

House Bill 5785 provides courts general statutory authority to impose certain additional costs on criminal defendants. The bill is in response to the June 18, 2014 Michigan Supreme Court (MSC) decision in People v. Cunningham (496 Mich. 145 (Mich.), 2014 WL 2765734 (Mich.) in which the court unanimously held that trial courts may impose costs on guilty criminal defendants only where such costs are separately authorized by statute.

 

Expands the elements of the offense of kidnapping for minors under certain circumstances

HB 4021, 10/2/14, Passed: 107-0

House Bill 4021 amends MCL 750.349 of the Michigan Penal Code to expand the elements of the offense of kidnapping. Under current law, kidnapping occurs when an individual knowingly restrains another person with the intent to do one or more of the following:

-Hold that person for ransom or reward;

-Use that person as a shield or hostage;

-Engage in criminal sexual penetration with that person;

-Take that person outside of this state; or

-Hold that person in involuntary servitude.

 

House Bill 4021 would add the following circumstances to the list:

-Engaging in criminal sexual contact prohibited under Chapter 76 of the Michigan

Penal Code

-Engaging in child sexually abusive activity with a minor as defined in MCL

750.145c.

 

Allow human trafficking victim to apply for expungements from criminal records

HB 5025, 10/2/14, Passed: 107-0

House Bill 5025 allows a human trafficking victim to apply for expungements of certain offenses from his or her criminal record.

 

Creates legal presumption of human trafficking for minors facing prosecution for certain prostitution offenses

HB 5012, 10/2/14, Passed: 107-0

This bill amends MCL 750.451 of the Michigan Penal Code to create a legal presumption of human trafficking for minors facing prosecution for certain prostitution related offenses. Under the bill, a minor would be subject to the temporary protective custody provisions under the Probate Code of 1939. The State may petition the court to find the minor to be a dependent juvenile in need of services. If a juvenile fails to comply with court-ordered services, he or she would not be able to use the presumption provided under the bill.

The bill would require a law enforcement officer to notify the Department of Human Service if he or she takes a person under 18 years of age into custody based on a suspected prostitution related violation.

 

Subjects certain assets of criminals convicted of sex trafficking to civil forfeiture

HB 5233, 10/2/14, Passed: 97-10

House Bill 5233 subjects the assets and property of convicted criminal defendants, gained illegally through human trafficking, subject to civil forfeiture.

 

Amend a statutory reference to the Human Trafficking Chapter in the “Revised Judicature Act”

HB 5236, 10/2/14, Passed: 103-4

House Bill 5236 amends the “Omnibus Forfeiture” statute of the Revised Judicature Act to amend a statutory reference to the Human Trafficking Chapter.

House Bill 5234, to which House Bill 5236 is tie-barred, makes significant revisions to the current Human Trafficking Chapter, including re-lettering some of the sections, which changes the MCL citation. House Bill 5236 makes the necessary MCL citation changes in MCL

600.4701.

 

Creates the Human Trafficking Commission Act

HB 5158, 10/2/14, Passed: 106-1

House Bill 5158 creates the Human Trafficking Commission Act. The

Commission would exist as an autonomous entity within the Department of Attorney General.

 

Require Driver’s Ed instruction to include information regarding the operation of bicycles and motorcycles

HB 5438, 10/2/14, Passed: 107-0

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

 

Gives court jurisdiction over juveniles under 18 considered in danger of physical or psychological harm

HB 5026, 10/2/14, Passed: 107-1

House Bill 5026 amends MCL 712A.2 of the Probate Code of 1939 to give the probate court jurisdiction over a juvenile under age 18 who is found within the county and is considered “dependent” and in danger of substantial physical or psychological harm.

 

Expands family relationships exempt from “transfer of ownership” of residential property for tax purposes

HB 5552, 10/2/14, Passed: 77-30

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

 

Exempt charitable housing organization property from property taxes for up to five years in certain circumstances

HB 5182, 10/2/14, Passed: 87-20                                       

House Bill 5182 would make residential property owned by a charitable nonprofit housing organization (e.g., Habitat for Humanity) exempt from property taxes for up to five years if the property is intended for ultimate occupancy by low-income persons as a principal residence. Currently, such property can be exempt for up to two years, but only at the option of local units of government.