Hello
Friends,
Below is a
list of the legislation that came before the House this week (June 15th
through June 19th). 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 6/15 – 6/19
Local Government Labor Regulatory
Limitation Act
HB 4052
(S-1) 6/16/15, Passed 59-51
HB 4052
would create would create the Local Government Labor Regulatory Limitation Act.
Please note:
HB 4052 is expected to pass the Senate with an S-1 substitute. The substitute
adds Sections 16 and 17, as well as inserts a definition of “local policy.”
Section 16 is ostensibly aimed at allowing for a local government to be able to
set terms and conditions on its own contracts, but so long as the phrase
“Subject to sections 6 to 12” remains in the bill, the Section is effectively
voided by the rest of the bill, H-6 It removes the old Section 4 language
Expands an allowance for
non-public school students (private and homeschool) to take classes in public
schools from 1-12 to K-12
HB 4594 6/16/15,
Passed 110-0
HB 4594
expands an allowance for non-public school students (private and homeschool) to
take classes in public schools from 1-12 to K-12.
Amends the District Library
Establishment Act to remove a sunset on the ability of a school district to
establish a new district library
SB 108 6/16/15,
Passed 109-1
SB 108
amends the District Library Establishment Act to remove a sunset on the ability
of a school district to establish a new district library. Under the Act, at
least two municipalities, except for two or more school districts that hold
their regularly scheduled elections on different dates, may come together to
establish and maintain a district library. Current law defines a municipality
as “a city, village, school district, township, or county. Municipality shall
not include a school district for the purpose of establishing a new district
library after January 1, 2015.” The bill strikes the emphasized language in the
definition, allowing school districts to qualify as a municipality to establish
new district libraries into perpetuity.
Service Dog Bill Package
HB 4521
(H-1) 6/16/15, Passed 110-0
HB 4527
(H-1) 6/16/15, Passed 108-2
HB 4521
& 4527 expand current statutes relating to the use of service animals to
include protections for veterans (and others) with PTSD, TBI, and other
psychological disorders who are eligible under the Americans with Disabilities
Act.
Amends statute and deletes
“crippled child” and replace it with “children and youth with special health
care needs
SB 112 6/16/15,
Passed 110-0
SB 113 (H-1)
6/16/15, Passed 110-0
SB 114 (H-1)
6/16/15, Passed 110-0
The bills
each amend Public Act 137 of 1921, which authorizes counties to contract for
the care and treatment of certain children, to refer to a child or children
“with special health care needs” rather than a “crippled” child or children.
The bills are tie-barred to HB 4205.
Moving Violations on Private
Property Open to the Public
HB 4314 6/17/15,
Passed 89-21
HB 4314
would allow certain moving violation statutes to be enforced on private
property open to the public, specifically when an individual operates a motor
vehicle on property open to the public in a manner that would be a moving
violation if done on a public road, and death or the serious impairment of a body
function is the result.
Amends notice provisions for tax
forfeitures and tax foreclosures
HB 4039
(H-2) 6/17/15, Passed 93-17
HB 4039
amends the notice provisions for tax forfeitures and tax foreclosures to allow
a foreclosing entity to provide notice of forfeiture online or inserted into a
notice publication. The bill would provide requirements for notices inserted
into notice publications.
Emergency contact information
within electronic or machine readable codes within a digitized driver’s license
HB 4459
(H-2) 6/17/15, Passed 110-0
HB 4460
(H-2) 6/17/15, Passed 110-0
House Bills
4459 (H-2) and 4460 (H-2) allow, upon request, for emergency contact
information to be contained within electronic or machine readable codes within
a digitized driver’s license or State personal identification card. The
Secretary of State is not required to implement the provision until the date
that digitized licenses are manufactured under a new vendor contract for the
manufacture of digitized licenses. HB 4459 amends the Vehicle Code with respect
to driver’s licenses and HB 4460 amends PA 222 of 1972, which provides for
official personal identification cards.
Transportation Network Companies
HB 4637
(H-3) 6/17/15, Passed 71-39
HB 4638
(H-1) 6/17/15, Passed 73-37
HB 4639
(H-2) 6/17/15, Passed 73-37
HB 4640
(H-1) 6/17/15, Passed 70-40
HB 4641
(H-1) 6/17/15, Passed 74-36
HB’s
4637-4641 are a package of bills that would regulate transportation network
companies (such as Uber or Lyft). HB 4637 would create the Transportation
Network Company Act (“Act”). This bill defines a transportation network company
(“TNC”) as a person that “uses a digital network to connect TNC riders to TNC’s
drivers who provide prearranged rides.” It does not include taxi services,
transportation service arranged through a transportation broker, ridesharing
arrangement, or transportation service using fixed routes at regular intervals.
HB 4638 (H-1): Changes to Limousine Transportation Act: HB 4639 (H-2): Changes
to the Insurance Code Regarding Exclusion of TNC Vehicles. HB 4640 (H-1):
Changes to the Insurance Code Regarding PIP for TNC Passengers. HB 4641 (H-1):
Changes to Michigan Vehicle Code: This bill would stipulate that TNC drivers
would not need a chauffeur’s license and would specifically exclude a TNC
vehicle from the definition of “commercial vehicle.
Salvage Title Inspector Appeal
HB 4185
(H-1) 6/17/2015, Passed 110-0
House Bill
4185 (H-1) amends the Motor Vehicle Code to require Secretary of State (SOS)
notify an officer when SOS revokes, suspends, or denies the officer’s salvage
title inspector certificate. The notification must include a statement that a
request for appeal must be made no later than 30 days of the revocation,
suspension, or denial. The officer may make a request for a hearing at the time
of the appeal. SOS or their designee must deny or grant an appeal within a
reasonable time, in writing or stated on the record if a hearing is held, and
include findings of fact and conclusions of law
Sunset on Michigan New Jobs
Training Program
SB 69 (H-1) 6/18/15,
Passed 104-5
SB 69 would
extend the sunset on the Michigan New Jobs Training Program, change the
definition of minimum wage to reflect current law, and require a provision in
new agreements prohibiting employers from claiming MEGA credits under the
Michigan Business Tax.
Amendment to the Vehicle Code to
authorize the legal use on public roads of a commercial quadricycle
SB 165 (S-1)
6/18/15, Passed 96-13
SB 166 6/18/15,
Passed 100-9
Senate Bills
165 (S-1) and 166 amend the Vehicle Code to authorize the legal use on public
roads of a commercial quadricycle – a multi-seat, pedal-powered vehicle used to
transport passengers in downtown areas. The bills allow for the transport and
consumption of alcohol by passengers in an open container unless prohibited by
a local ordinance.
Consolidated Schools Refunding
Bonds
HB 4517
(RUTLEDGE), RC 270, 6/18/15, Passed
Staff: Dan
Feinberg (3-1248)
Next: Sent
to Senate for Consideration
HB 4517
creates a mechanism for originating school districts of a consolidated school
district that did not assume the bonded indebtedness of the originating
districts to issue refunding bonds for their debt without encumbering areas
outside of the original school district.
Term Removal from Statute
HB 4205
(S-3) (SCHOR) 6/18/15, Passed 109-0
Part of a
package of bills that amends a number of statutes that remove the term
“crippled child” and replace it with “children and youth with special health
care needs”. The substitute S-3 to HB 4205 addresses issues that relate to
pharmacy technician licensure that was enacted last session. The department
(LARA) has asked that this bill be used as a vehicle to delay the date by which
a pharmacy tech must be licensed from June 30, 2015 to October 1, 2015. The
pharmacy technician license bill passed last session 101-7. The second change
relates to where the cost-sharing requirements go as a result of the fund being
renamed (this specifically relates to the Child With Special Health Care Needs
fund that was updated in the prior House version)
Prohibits the Michigan Film
Office or the Michigan Strategic Fund from operating or funding expenditures
for the Film and Digital Media Production Assistance Program
HB 4122
(S-4) 6/18/15, Passed 63-46
House Bill
4122 (S-4) prohibits the Michigan Film Office or the Michigan Strategic Fund
from funding expenditures for the Film and Digital Media Production Assistance
Program as of the effective date of the bill. In addition, all money remaining
in the Film Promotion Fund after September 30, 2016, and after all payments and
obligations have been satisfied, shall revert to the General Fund.
Personal Property Tax Phase-out
Package
HB 4553 6/18/15,
Passed 108-1
HB 4554 6/18/15,
Passed 108-1
HB 4555 6/18/15,
Passed 108-1
HB 4556 6/18/15,
Passed 108-1
HB 4557 6/18/15,
Passed 108-1
House Bills
4553-4557 amend various statutes to facilitate changes to the personal property
tax (PPT) phase-out package that was approved by voters in 2014. The changes
make a number of clarifications related to the administrative procedures
associated with the PPT phase-out and revenue reimbursement process and provide
for audit procedures and due process requirements related to the Department of
Treasury’s collection of the Essential Services Assessment created under the
PPT phase-out package. The bills also provide for the additional capture of
$300,000 per year of use tax revenue in fiscal years 2016-2019 to cover
administrative costs of the Local Community Stabilization Authority, which
administers the reimbursement of local governments.
Budget Implementation Bill
HB 4391 6/18/15,
Passed 74-34
House Bills
4391 (H-2) is a Fiscal Year (FY) 2015-2016 budget implementation bill for the
Department of Agriculture and Rural Development (MDARD) budget. This bill
amends the Natural Resources and Environmental Protection Act (NREPA) to
increase and restructure various fees associated with pesticides and
fertilizers (water quality protection fees).
Early Warning Package
HB 4326
(S-1) 6/18/15, Passed 61-47
HB 4327
(S-1) 6/18/15, Passed 61-47
HB 4328
(S-1) 6/18/15, Passed 61-47
HB 4329
(S-1) 6/18/15, Passed 60-48
HB 4330
(S-1) 6/18/15, Passed 63-47
HB 4325
(S-5) 6/18/2015, Passed 63-45
HB 4326 (S-1)
adds language to the Local Financial Stability and Choice Act (the EM Law, 2012
PA 436) establishing 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 (S-1) adds a new Section 1220 to the Revised
School Code by moving 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. The S-1 version differs from the H-3 version only due to the removal
of the 90 day enactment language. HB 4328 (S-1) amends Section 102 of the State
School Aid Act striking language addressing the requirements for a Deficit
Elimination Plan as they are being placed through HB 4327 (S-1) into the
Revised School Code. HB 4329 (S-1) amends the Local Financial Stability and
Choice Act (The Emergency Manager Act) by adding a section which states if the
State Treasurer determines that a school district has failed to submit or
comply with an Enhanced Deficit Elimination Plan, the State Treasurer may
declare a financial emergency for the school district and recommend that the
Governor appoint an emergency manager. HB 4330 (S-1) amends the State School
Aid Act clarifying that school districts and PSAs are required to comply with
the Uniform Budgeting and Accounting Act, adds operating deficit notes issued
under Section 1356 of the Revised School Code to the list of proceeds the Department
of Education and State Treasurer can withhold as part of bonding deals, and
adds language establishing that funding is contingent on districts complying
with the act. Finally it adds a subsection allowing the Department of Education
to withhold up to 10% of a schools total state aid for non-compliance with
adoption of a budget in compliance with the Act. HB 4325 (S-5) adds a new
section 1219 to the Revised School Code which establishes a requirement that
school districts and public school academies (PSA) report basic budgetary
assumption data (projected foundation allowance, pupil counts, and estimated
current and projected expenditures per pupil) to CEPI for review by the
Department of Treasury. Districts that have maintained a positive general fund
balance of at least 5% for the previous 2 fiscal years are exempt from this
requirement.
