Friday, June 19, 2015

House of Representatives Week in Review: June 15th – June 19th

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; 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.

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