Monday, November 2, 2015

The following is a summary of legislation that recently passed the House from 10.26.15-10.30.15. As usual, contact me with any questions or if you need additional information.

Enabling the Secretary of State to Forward Driver’s License Photos to Michigan State Police for Concealed Pistol Licenses
HB 4653 (Cole) RC 388, 10/27/15 Passed 101-4
Next: Sent to the Senate
Committee: Transportation and Infrastructure
Description: HB 4653 (Cole) requires the Secretary of State to forward a person’s driver’s license photo to the Michigan State Police (MSP) to facilitate production of a concealed pistol license as provided in the State’s Handgun Licensing Law. Whereas the provision will take effect on December 1, 2015 under recent amendments to the Handgun Licensing Law, HB 4653 makes the same change to the Michigan Vehicle Code, which governs the use of driver’s license information.

Allow Hunting from a Personal Assistive Mobility Device
HB 4239 (SMILEY) RC 389, 10/28/15 Passed 105-0
Next: Sent to the Senate
Committee: Tourism and Outdoor Recreation
Description: HB 4239 (S-2) is a bill to allow the hunting of game from a personal assistive mobility device.

Requiring of the Registration and Proper Marking Meterological Towers
HB 4727 (H-1) (Cole) RC 390, 10/28/15 Passed 103-2
Next: Sent to the Senate
Committee: Local Government
Description: HB 4727 (Cole) amends PA 259 of 1959, the Tall Structure Act, to require meteorological towers to be clearly marked and registered.

Prohibiting Law Enforcement Officers from Searching a Residence Without a Warrant if Any Resident of the Home Objects
HB 4321 (H-2) (Lucido) RC 391, 10/28/15 Passed 83-22
Next: Sent to the Senate
Committee: Criminal Justice
Description: HB 4321 (H-2) (Lucido) would prohibit law enforcement officers from searching a residence without a search warrant if a resident expressly objects, even if another resident consents to the search after the objecting resident is no longer physically there.

Creating the Foster Child Identification Theft Protection Act
HB 4022 (KOSOWSKI) RC 392, 10/28/15 Passed 105-0
Next: Sent to the Senate
Committee: Families, Children, and Seniors
Description: HB 4022 (H-2) (KOSOWSKI) creates the Foster Child Identification Theft Protection Act. The H-2 makes three substantive changes. First it requires DHHS to submit fraudulent activity to law enforcement, within state and federal confidentiality limitations. Second, the H-2 allows youths 18 years old or older to opt-out of receiving credit checks. Finally, the legislation requires DHHS to inform a permanent caregiver that s/he should perform a credit check on a child permanently removed from foster care prior to his or her 14th birthday.

Establishing New and Increasing Current Penalties for Illegally Hunting Game
SB 244 (Pavlov) RC 393, 10/28/15 Passed 76-29
SB 245 (H-3) (Zorn) RC 394, 10/28/15 Passed 78-27
SB 246 (Zorn) RC 395, 10/28/15 Passed 77-28
Next: Presentation to the Governor (SB 244, SB 246)
Return to the Senate (SB 245)
Committee: Natural Resources
Description: SB 244 (Pavlov) and SB 245 (H-3) (Zorn) amend the Natural Resources and Environmental Protection Act (NREPA) to increase restitution and hunting prohibitions for illegally killing, possessing, purchasing, or selling certain game or protected animals. Senate Bill 246 (Zorn) changes the sentencing guidelines by increasing penalties in the citation section of NREPA. The following three bills are tiebarred and would take effect 90 days after being signed into law.

Outlawing “Meth Smurfing” Package
HB 4767 (KIVELA) RC 396, 10/28/15 Passed 104-1
HB 4768 (KIVELA) RC 397, 10/28/15 Passed 103-2
HB 4769 (McBroom) RC 398, 10/28/15 Passed 99-6
HB 4864 (KIVELA) RC 390, 10/28/15 Passed 103-2
Next: Sent to the Senate
Committee: Criminal Justice
Description: HB 4767 (KIVELA) would create a misdemeanor penalty for the practice of “meth smurfing” or attempting to solicit someone to purchase ephedrine or pseudoephedrine (“PSE”) for use in methamphetamine production. HB 4768 (KIVELA) would make a technical update to the MCL reference for felony meth smurfing in the sentencing guidelines. HB 4769 (McBroom) would prohibit the manufacture of methamphetamine on or within 1,000 feet of school property or a library. Penalties for convictions could include imprisonment and/or a fine up to twice the amount already allowed under current law. HB 4864 (KIVELA) would require that a “stop sale” alert be generated for five years after a person has been convicted of the proposed misdemeanor offense “attempted ‘meth-smurfing’” as created in HB 4767 (KIVELA). This would result in such an individual being prohibited from buying a nonprescription product containing ephedrine or pseudoephedrine (PSE) for five years after the conviction.

Extending the Sunset on MI Dept. of Corrections (MDOC) and Michigan State Industries (MSI) Cut and Sewn Textile Program
HB 4680 (Pagel) RC 400, 10/28/15 Passed 104-1
Next: Sent to the Senate
Committee: Judiciary
Description: HB 4680 (Pagel) would extend the sunset for the statutory provision that allows the Michigan Department of Corrections (MDOC) Michigan State Industries (MSI) program cut and sewn textile products to be sold, exchanged, or purchased by any private business or individual.

Revising the Process of Transferring Pistol Ownership Through Inheritance
SB 225 (S-3) (Shirkey) RC 401, 10/28/15 Passed 99-6
Next: Presentation to the Governor
Committee: Judiciary
Description: SB 225 (S-3) (Shirkey) would revise and outline the process for transferring the ownership of pistols received through inheritance.

Amending the Code of Criminal Procedure (Editorial Change)
SB 226 (S-3) (Shirkey) RC 402, 10/28/15 Passed 99-6
Next: Return to the Senate
Committee: Judiciary
Description: SB 226 (S-3) (Shirkey)
would amend MCL 777.11b of the Code of Criminal Procedure to make a technical change to the MCL citation for “Forgery on a Pistol License Application.” The update is necessary due to a proposed new subsection to MCL 28.422 in SB 225 (S-3) (Shirkey) that would result in the remaining subsections having to be renumbered.

Requiring County Treasurers to Send Notices Regarding Delinquent Taxes On or Within 60 Days of the June 1 and September 1
SB 349 (S-1) (Stamas) RC 403, 10/28/15 Passed 105-0
Next: Return to the Senate

Committee: Tax Policy
Description: SB 349 (S-1) (Stamas) amends the General Property Tax Act to require county treasurers to send notices regarding delinquent taxes on or within 60 days of the June 1 and September 1 required dates, instead of specifically on those dates.

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