Sunday, October 4, 2015

Michigan House of Representatives activity 9-29 to 10-1

The following is a summary of legislation that recently passed the House. Feel free to contact my office with any questions or if you need additional information.

School Aid Fiscal Year 2015-2016 Supplemental
SB 134 (H-1) (Hildenbrand), RC 323, 9/29/15, Passed 104-2
Next: Sent to Governor
SB 134 is a School Aid Fiscal Year 2015-2016 supplemental. The bill appropriates an additional $4.3M, of which all is restricted funding. The purpose of the bill is to provide additional funding for Great Start Readiness Programs (GSRP) and revise certain boilerplate sections.

Public Health Code Revisions
SB 64 (H-1) (Hansen), RC 324, 9/29/15, Passed 69-37
Next: Sent to Governor
SB 64 is a bill would amend the Public Health Code to include recommendations made by the Clinical Advisory Committee created under Public Act 322 of 2012 to biennially update the enforcement process and Clinical Process Guidelines (CPGs) of Michigan’s nursing homes.

Clarify the level of conduct that a defendant must act with in order for a court to score 50 points toward his or her minimum prison sentence under aggravated abuse.  
HB 4463 (Heise), RC 325, 9/29/15, Passed 85-21
Next: Sent to Governor
House Bill 4463 amends MCL 777.37 of the Code of Criminal Procedure to clarify the level of conduct that a defendant must act with in order for a court to score 50 points toward his or her minimum prison sentence under Offense Variable 7 (aggravated abuse).

Licensing Requirements for Self Service Storage Unit Insurance Salesman
HB 4636 (H-1) (Rendon) RC 326, 9/29/15, Passed 71-34
Next: Sent to Senate for Consideration.
HB 4636 would eliminate licensing requirements for persons who sell insurance solely to individual renters of self-service storage facility units under a lease agreement of less than one year.

Michigan Achieving a Better Life Experience Program Act
HB 4542 (S-1) (Forlini), RC 327, 10/1/15, Passed 106-0
HB 4543 (S-1) (Forlini), RC 328, 10/1/15, Passed 106-0
Next: Sent to Governor
House Bills 4542-4543 (Forlini) create tax-free savings accounts for families of children under 26 years of age who are disabled. These accounts would not count against applicants for financial eligibility determinations for assistance programs.

Presumptive Parole
HB 4138 (H-4) (Heise) RC 329, 10/1/15, Passed 67-39
Next: Sent to Senate for Consideration
HB 4138 would create “presumptive parole” to allow inmates, upon completion of their minimum sentence(s), to be released on their first parole eligibility date under certain circumstances.

Default Mental Culpability
HB 4713 (H-1) (McBroom), RC 330, 10/1/15, Passed 106-0
Next: Sent to Senate for Consideration
HB 4713 would establish a default mental culpability (mens rea) required for someone to be guilty of certain crimes; and would establish that an individual must act with intent, knowledge, or recklessness when a statute does not specify a mens rea or plainly impose strict liability.

Felony Probation Changes
HB 4137 (H-1) (Howrylak), RC 331, 10/1/15, Passed 101-5
Next: Sent to Senate for Consideration
HB 4137 makes the following significant changes regarding felony probation: Allow a court to reduce or terminate a period of probation once a defendant has completed 1/3 of his or her original felony probation period. Require that courts provide notice to the prosecuting attorney, the defense attorney (if represented), and the victims at least 10 days prior to reducing or terminating a period of probation or conducting a probation review. It also make changes to the “Swift and Sure Sanctions Probation Program” which provides funds to local courts so that probation violators can be sanctioned locally as opposed to incarcerated in prison. Among the changes are: (1) the creation of a ‘Swift and Sure Sanctions Fund’ within the Michigan Department of Treasury to prevent funds from lapsing each fiscal year; (2) provides courts more flexibility in terms of accepting participants from any jurisdiction for the program; and (3) establishes participation for the program through use of a validated risk assessment.

FOIA Changes to the Insurance Code
HB 4354 (Webber), RC 332, 10/1/15, Passed 89-17  
Next:  Sent to Governor
HB 4354 would amend the Insurance Code to authorize the Director to determine that certain insurance filings contain trade secrets and, as such, are not subject to FOIA. The bill came back from the Senate amended to clarify that any trade secret information that has already been disclosed cannot be claimed as a trade secret retroactively.

Criminal background checks for new pharmacy, manufacturer, or wholesale distributor licenses
SB 195 (H-1) (Hune), RC 333, 10/1//15, Passed 105-1  
Next: Returned to the Senate
SB 195 amends the Public Health Code to clarify who must submit fingerprints to be used in a criminal history check for new pharmacy, manufacturer, or wholesale distributor licenses, unless a criminal history check has been conducted within two years preceding the date of the application.

Changes to Michigan Election Law
HB 4904 (McBroom), RC 334, 10/1/15, Passed 105-1  
Next: Sent to the Senate for Consideration

HB 4904 amends some language in the Michigan Election Law to clarify that there are four regular election dates. The effect of this clarification is that all political subdivisions of this state will be able to place a ballot question in any election scheduled on a regular election date including the March presidential primary election. The bill also amends Section 646a to require all local ballot question filing deadlines to comply with the state law deadline.

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