Friday, April 24, 2015

House of Representatives Week in Review: April 20th – April 24th

Hello Friends,

Below is a list of the legislation that came before the House this week (April 20th through April 24th).  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 4/20 – 4/24

Limits premises liability for property owners as it relates to recreational aviation activities
HB 4244 4/21/15, Passed 79-31
House Bill 4244 amends MCL 324.73301 the “Natural Resources and Environmental Protection Act –NREPA” to limit the liability for property owners, tenants, or lessees when injuries occur on their land involving aviation activities. Under the bill, aviation activities would be defined as “noncommercial operation, and related acts in the air and on the ground, of an aircraft, including, but not limited to, a motorized or non-motorized fixed wing aircraft, helicopter, balloon, hang glider, or parasail. It also will include participation in the operation or related acts described in the subdivision as a passenger or spectator.”

Change standard from “negligence” to “willful & wanton disregard for safety” of the participant under the exception to immunity from liability for equine activities
HB 4175 4/21/15, Passed 63-46
House Bill 4175 would eliminate reference to a "negligent act" and, instead, replace it with "an act or omission that constitutes a willful or wanton disregard for the safety of the participant that constitutes a proximate cause of the injury."

Tax Collecting Units Hard Copy of Tax Rolls
HB 4168 (H-1) 4/21/15, Passed 108-1
HB 4168 eliminates the requirement that a tax collecting unit maintain hard copies of tax rolls if electronic copies are maintained.

Refunds and exemptions of real, estate transfer tax
HB 4173 4/22/2015, Passed 108-1
House Bill 4173 provides for refunds to be obtained for payment of the State Real Estate Transfer Tax (SRETT) if the Department of Treasury determines that the property was eligible for an exemption at the time of the property transfer. The bill provides that a refund can be obtained for a transfer that occurred up to 4 years prior to the effective date of the bill.The bill additionally makes a retroactive clarification related to the penalty for erroneously claiming an exemption to the SRETT that is available when a principal residence is sold and the state equalized value (SEV) is equal to or lesser than the SEV when the seller purchased the property.

Authorize the DFIS Director to determine that certain insurance filings contain trade secrets and, as such, are not subject to FOIA
HB 4354 (H-1) 4/22/2015, Passed 95-14
HB 4354 would allow certain required filings of insurance companies selling automobile, home, and workers compensation insurance to be exempt from the Freedom of Information Act as trade secrets, with the approval of the director of the Department of Insurance and Financial Services.
The Insurance Code requires insurance companies to file manuals of classification, rules, and rates, and rating plans, for automobile, home insurance, and workers compensation insurance with the director of the Department of Insurance and Financial Services. Currently the code says that such filings and accompanying information are open for public inspection.

Increases loan caps in the Emergency Municipal Loan Act from $35 mil to $85 mil for municipalities, and from $50 million to $100 million for school districts
HB 4331 (H-1) 4/23/15, Passed 64-45
HB 4331 (H-1) increases loan caps in the Emergency Municipal Loan Act from $35 million to $85 million for municipalities, and from $50 million to $100 million for school districts. The bill also expands the use of the Emergency Loan Act for schools to include assisting in resolving financial emergencies. An interest rate floor of 2.5% for variable rate loans and a 60 month cap on interest only repayment periods is added. Additionally, the bill expands the ability to restructure loans.

Allow the state to use surplus general funds to make loans to municipalities and school districts in compliance with the Emergency Municipal Loan Act
HB 4332 4/23/15, Passed 105-4
HB 4332 amends PA 105 of 1855 to allow the state to use surplus general funds to make loans to municipalities and school districts in compliance with the Emergency Municipal Loan Act which is being amended by HB 4331 (H-1).

Early Warning Package
HB 4325 (H-3) 4/23/15, Passed 60-49
HB 4326 4/23/15, Passed 60-49
HB 4327 (H-3 4/23/15, Passed 60-49
HB 4328 (H-1) 4/23/15, Passed 58-51
HB 4329 4/23/15, Passed 59-50
HB 4330 4/23/15, Passed 60-49
HB 4325 (H-3) requires school districts to file data with CEPI on projected foundation allowance, pupil counts, and current and projected expenditures per pupil. HB 4326 establishes the State Treasurer in place of the Superintendent of Public Instruction as the State Financial Authority for school districts under deficit elimination plans. HB 4327 moves the Deficit Elimination Plan, overseen by the Superintendent of Public Instruction from the State School Aid Budget and creating an “Enhanced Deficit Elimination Plan” which is overseen by the State Treasurer. HB 4328 Strikes language addressing the requirements for a Deficit Elimination Plan as they are being placed through HB 4327. HB 4329 Adds a new section to the EM law which empowers the State Treasurer to declare a financial emergency exists almost arbitrarily. HB 4330 Clarifies that school districts and PSAs are required to comply with the Uniform Budgeting and Accounting Act.





Friday, April 17, 2015

House of Representatives Week in Review: April 14th – April 17th

Hello Friends,

Below is a list of the legislation that came before the House this week (April 14th through April 17th).  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 4/14 – 4/17

Stipulate that the Michigan Early Stage venture Investment Corporation may not enter into any new agreements with investors
HB 4195 (H-2) 4/15/2015, Passed 107-3
HB 4196 (H-3) 4/15/15, Passed 108-2
HB 4365 (H-1) 4/15/15, Passed 108-2
HB 4195 would amend the Act to stipulate that the Michigan Early Stage venture Investment Corporation may not enter into any new agreements with investors following the bill’s effective date, but may modify an existing agreement with an investor so long as no additional funds are being expended by the modification. HB 4196 would shorten the sunset on the Venture Capital Authority Fund from 2054 to 2029. HB 4365 would correct a reference to the program in the Michigan Business Tax Act, which will be needed due to the changes made in HB 4195 and 4196.

Removes employment by an enforcing agency as requirement to be a building official
HB 4245 4/15/15, Passed 110-0
House Bill 4245 amends the Building Officials and Inspectors Registration Act to remove the requirement that to be registered as a building official, plan reviewer, or inspector, the individual be employed by an enforcing agency.

Allow Detroit to refinance some of the bonds from the bankruptcy
SB 160 (S-2) 4/15/15, Pass 107-3 
Senate Bill 160 would amend the Home Rule City Act to specify that if Detroit issues financial recovery bonds in accordance with provisions of the Bankruptcy Plan of Adjustment, the revenue collected to repay these bonds would be held in trust for the benefit of the trustee and the bonds regardless of who collected it, and would remain subject to the trust regardless of subsequent transfers until the trustee received the revenue. The bill also states that to the extent that the City, or any other person, holds a residual or other interest in the revenues held in trust, the interest is subordinate to a lien in the revenues in favor of the trustee.

Allow Retired State Employee to Contract with AG Office
SB 12 (H-1) 4/16/15, Passed 82-28
Senate Bill 12 would allow a retired state employee to contract with the Attorney General’s office in a litigation matter involving the state without losing his or her retirement benefits due to the “double dipping” prohibition. “Double-dipping” refers to a retirant receiving retirement benefits while still drawing a salary.
                                 
Eliminate February regular election date
HB 4271 (H-1) 4/16/15, Passed 93-17
HB 4272 (H-2) 4/16/15, Passed 93-17
HB 4273 (H-3) 4/16/15, Passed 93-17
HB 4274 (H-2) 4/16/15, Passed 93-17
HB 4276 (H-2) 4/16/15, Passed 93-17
HB 4385 (Jacobsen) RC 68, 4/16/15, Passed 94-16
House Bill 4271 would amend Section 570a of the Michigan Election Law to eliminate all reference in Election Law to the February election for townships. House Bill 4272 will eliminate the ability for the city to have a February primary election for a city. This bill is part of a larger package of bills that will eliminate the February regular election date. House Bill 4273 (H-3) would amend Michigan Election Law to eliminate the February regular election date. House Bill 4274 would amend the Michigan Election Law to require that recall elections be held at a May regular election date, and eliminate the February regular election date. House Bill 4276 would amend Michigan Election Law to eliminate a recall elections from taking place at the February regular election date. House Bill 4385 would amend Michigan Election Law to eliminate the nominating petition requirement for a February primary election that may be authorized for cities by city governments. The petition requirement needs to be eliminated from Michigan Election Law because the February election date is also being eliminated from law.