The following is a summary of
legislation that recently passed the House 12.14.15-12.18.15. Don’t hesitate to
contact me with any questions or if you need additional information
(517-373-0826).
County Road
Commissions: Eliminate Transfer-of-Duties Sunset
HB 4212 (S-1) (Victory) RC 476, 12/15/15 Passed
73-33
HB 4215 (S-1) (Victory) RC 477, 12/15/15 Passed
73-33
Next: Presentation to the Governor
Committee: Local Government
Description: HB 4212 (S-1) (Victory) adds language to require that county board of commissioners pass a resolution transfer the powers, duties and functions of county road commission to the county board of commissioners occur before January 1, 2020. Additionally, the substitute adds the ability for county board of commissioners to, if it is determined that a county road commission, which had been previously dissolved, would provide a cost savings to the county, the board of commissioners could, by majority vote of its members, reestablish a county road commission. HB 4215 (S-1) (Victory) added language to correspond with the January 1, 2020 language added by the S-1 substitute of House Bill 4212.
Description: HB 4212 (S-1) (Victory) adds language to require that county board of commissioners pass a resolution transfer the powers, duties and functions of county road commission to the county board of commissioners occur before January 1, 2020. Additionally, the substitute adds the ability for county board of commissioners to, if it is determined that a county road commission, which had been previously dissolved, would provide a cost savings to the county, the board of commissioners could, by majority vote of its members, reestablish a county road commission. HB 4215 (S-1) (Victory) added language to correspond with the January 1, 2020 language added by the S-1 substitute of House Bill 4212.
Revision of
Electronic Filing Rules and Fees for Court Records; Electronic Filing Fund
SB 531 (H-2) (Jones) RC 478, 12/15/15 Passed 100-6
SB 532 (H-2) (Proos) RC 479, 12/15/15 Passed 97-9
SB 533 (H-2) (Schuitmaker) RC 480, 12/15/15
Passed 98-8
Next: Return to the Senate
Committee: Judiciary
Description: SB 531 (H-2) (Jones) would authorize the State Court Administrative Office (SCAO) to establish a statewide e-filing system. SB 532 (H-2) (Proos) would create the Judicial Electronic Filing Fund (JEFF) in the State Treasury Department. SB 533 (H-2) (Schuitmaker) would prohibit a court from charging a fee to retrieve and inspect a document on-site, including a document that was filed electronically. The court could, however, charge a copy fee.
Description: SB 531 (H-2) (Jones) would authorize the State Court Administrative Office (SCAO) to establish a statewide e-filing system. SB 532 (H-2) (Proos) would create the Judicial Electronic Filing Fund (JEFF) in the State Treasury Department. SB 533 (H-2) (Schuitmaker) would prohibit a court from charging a fee to retrieve and inspect a document on-site, including a document that was filed electronically. The court could, however, charge a copy fee.
Earmarks for
Aeronautic Programs Based on Taxes on Aviation Fuel
SB 418 (S-1) (Schmidt) RC 481, 12/15/15 Passed
106-0
SB 425 (H-1) (Schmidt) RC 482, 12/15/15 Passed
105-1
SB 426 (H-1) (Schmidt) RC 483, 12/15/15 Passed
105-1
SB 612 (Schmidt) RC 484, 12/15/15 Passed 105-1
SB 613 (S-1) (Hansen) RC 485, 12/15/15 Passed 105-1
SB 614 (S-1) (Schmidt) RC 486, 12/15/15 Passed
105-1
Next: Presentation to the Governor (SB
418, SB 612, SB 613 & SB 614)
Return to the Senate (SB 425 & SB 426)
Committee: Transportation and Infrastructure
Description: SB 418 (S-1) (Schmidt) makes technical, editorial changes to Aeronautics Code provisions concerning the assessment of the 3 cent per gallon tax on aviation fuel and the 1-1/2 cent per gallon refund on the tax for fuel used in interstate operations. SB 425 (S-1) (Schmidt) establishes requirements related to the new Qualified Airport Fund created in SB 426. SB 426 (S-1) (Schmidt) establishes the Qualified Airport Fund in the State Treasury and establishes provisions for depositing money for the fund derived from distributions of redirected General Fund dollars as provided in the Sales Tax Act and the Use Tax Act under Senate Bills 613 and 614. SB 612 (Schmidt) defines Qualified Airport for the purposes of the bill package to be an airport with 10 million or more enplanements in any 12-month period. Currently, only Detroit Metro Airport meets this criteria. SB 613 (S-1) (Hansen) would amend the General Sales Tax Act to require, beginning October 1, 2016, an amount equal to the collections of the 2% sales tax from the retail sale of aviation fuel to be distributed quarterly to the State Aeronautics Fund and the Qualified Airport Fund. SB 614 (S-1) (Schmidt) makes identical changes to the Use Tax Act as SB 613 (S-1) makes to the Sales Tax Act as described above.
Description: SB 418 (S-1) (Schmidt) makes technical, editorial changes to Aeronautics Code provisions concerning the assessment of the 3 cent per gallon tax on aviation fuel and the 1-1/2 cent per gallon refund on the tax for fuel used in interstate operations. SB 425 (S-1) (Schmidt) establishes requirements related to the new Qualified Airport Fund created in SB 426. SB 426 (S-1) (Schmidt) establishes the Qualified Airport Fund in the State Treasury and establishes provisions for depositing money for the fund derived from distributions of redirected General Fund dollars as provided in the Sales Tax Act and the Use Tax Act under Senate Bills 613 and 614. SB 612 (Schmidt) defines Qualified Airport for the purposes of the bill package to be an airport with 10 million or more enplanements in any 12-month period. Currently, only Detroit Metro Airport meets this criteria. SB 613 (S-1) (Hansen) would amend the General Sales Tax Act to require, beginning October 1, 2016, an amount equal to the collections of the 2% sales tax from the retail sale of aviation fuel to be distributed quarterly to the State Aeronautics Fund and the Qualified Airport Fund. SB 614 (S-1) (Schmidt) makes identical changes to the Use Tax Act as SB 613 (S-1) makes to the Sales Tax Act as described above.
Switch Bills
SB 616 (H-2) (Schuitmaker) RC 487, 12/15/15 Passed 61-45
SB 617 (H-2) (MacGregor) RC 488, 12/15/15 Passed 61-45
Next: Return to the Senate
Committee: Tax Policy
Description: SB 616 (H-2) and SB 617 (H-2) provide, for a 20 year period, use tax and sales tax exemptions for the sale of data center equipment to the owner or operator of a qualified data center. The bills are linked to a proposed business investment in Gaines Township, near Grand Rapids, by the data center company Switch, Inc., but also would benefit existing data centers whose primary business is to manage third-party data.
Description: SB 616 (H-2) and SB 617 (H-2) provide, for a 20 year period, use tax and sales tax exemptions for the sale of data center equipment to the owner or operator of a qualified data center. The bills are linked to a proposed business investment in Gaines Township, near Grand Rapids, by the data center company Switch, Inc., but also would benefit existing data centers whose primary business is to manage third-party data.
Extend Sunset on
Deer and Elk Feeding
SB 446 (H-1) (Jones) RC 489, 12/16/15 Passed
105-0
Next: Return to the Senate
Committee: Natural Resources
Description: SB 446 (H-1) (Jones) amends the Natural Resources and Environmental Protection Act (NREPA) by removing a sunset on statute ordering the regulation of deer and elk feeding in Michigan.
Description: SB 446 (H-1) (Jones) amends the Natural Resources and Environmental Protection Act (NREPA) by removing a sunset on statute ordering the regulation of deer and elk feeding in Michigan.
References to the
Model Uniform Interstate Family Support Act
SB 518 (H-1) (MacGregor) RC 490, 12/16/15 Passed
99-6
SB 519 (H-1) (Emmons) RC 491, 12/16/15 Passed
100-5
Next: Presentation to the Governor
Committee: Judiciary
Description: SB 518 (H-1) (MacGregor) technical in nature and would simply update references to UIFSA within the “Friend of the Court Act”, companion to HB 4742 (KOSOWSKI) that previously passed the House to repeal the current law “Uniform Interstate Family Support Act (“UIFSA”) and enact the version that was last updated and recommended by the Uniform Law Commission. SB 519 (H-1) (Emmons) technical in nature and would simply update references to UIFSA within the “Office of Child Support Act”, companion to HB 4742 (KOSOWSKI) that previously passed the House to repeal the current law “Uniform Interstate Family Support Act (“UIFSA”) and enact the version that was last updated and recommended by the Uniform Law Commission.
Description: SB 518 (H-1) (MacGregor) technical in nature and would simply update references to UIFSA within the “Friend of the Court Act”, companion to HB 4742 (KOSOWSKI) that previously passed the House to repeal the current law “Uniform Interstate Family Support Act (“UIFSA”) and enact the version that was last updated and recommended by the Uniform Law Commission. SB 519 (H-1) (Emmons) technical in nature and would simply update references to UIFSA within the “Office of Child Support Act”, companion to HB 4742 (KOSOWSKI) that previously passed the House to repeal the current law “Uniform Interstate Family Support Act (“UIFSA”) and enact the version that was last updated and recommended by the Uniform Law Commission.
Judgements and
Claims Against the State: Information About Plaintiffs & Claimants
HB 4658 (S-1) (McCready) RC 492, 12/16/15 Passed
103-2
Next: Presentation to the Governor
Committee: Families, Children, and Seniors
Description: HB 4658 (S-1) (McCready) outlines how judgments against departments are to be paid out to plaintiffs, claimants, or individuals for whose benefit the action was brought or claimed. The Senate S-1 adds “an order of restitution” to the list of liabilities that must be repaid prior to a judgment against a department being paid to the plaintiff/claimant.
Description: HB 4658 (S-1) (McCready) outlines how judgments against departments are to be paid out to plaintiffs, claimants, or individuals for whose benefit the action was brought or claimed. The Senate S-1 adds “an order of restitution” to the list of liabilities that must be repaid prior to a judgment against a department being paid to the plaintiff/claimant.
Application of
Employment Rules to Franchises
SB 492 (Brandenburg) RC 493, 12/16/15
Passed 59-46
SB 493 (Proos) RC 494, 12/16/15 Passed
60-45
Next: Presentation to the Governor
Committee: Commerce and Trade
Description: SB 492 (Brandenburg) would amend the Franchise Investment Law to specify that, to the extent allocation of employer responsibilities between the franchisor and franchisee is permitted by law, the franchisee would be considered the sole employer of workers for whom it provided a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement. SB 493 (Proos) would amend the Worker's Disability Compensation Act to provide that an employee of a franchisee would not be considered an employee of the franchisor for purposes of the Act unless certain conditions were met.
Description: SB 492 (Brandenburg) would amend the Franchise Investment Law to specify that, to the extent allocation of employer responsibilities between the franchisor and franchisee is permitted by law, the franchisee would be considered the sole employer of workers for whom it provided a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement. SB 493 (Proos) would amend the Worker's Disability Compensation Act to provide that an employee of a franchisee would not be considered an employee of the franchisor for purposes of the Act unless certain conditions were met.
Establish Mens Rea
as Default Standard in Criminal Statutes
HB 4713 (S-2) (McBroom) RC 495, 12/16/15 Passed
106-0
Next: Presentation to the Governor
Committee: Oversight and Ethics
Description: HB 4713 (S-2) (McBroom) would establish a default mens rea (guilty mind) standard for certain criminal offenses that fall outside of the Michigan Vehicle Code, Public Health Code, Identity Theft Protection Act, Michigan Penal Code, and Chapter 752 of the Michigan Compiled Laws. The bill is aimed at rules, regulations, and other statutes that criminalize conduct.
Description: HB 4713 (S-2) (McBroom) would establish a default mens rea (guilty mind) standard for certain criminal offenses that fall outside of the Michigan Vehicle Code, Public Health Code, Identity Theft Protection Act, Michigan Penal Code, and Chapter 752 of the Michigan Compiled Laws. The bill is aimed at rules, regulations, and other statutes that criminalize conduct.
Amending the Model
Uniform Interstate Family Support Act (UIFSA)
HB 4742 (S-2) (KOSOWSKI) RC 496, 10/16/15 Passed 101-5
Next: Presentation to the Governor
Committee: Judiciary
Description: HB 4742 (S-2) (KOSOWSKI) would repeal the current “Uniform Interstate Family Support Act (Public Act 310 of 1996, hereinafter referred to as “UIFSA”) and would enact the 2008 version that was updated and recommended by the Uniform Law Commissioners. UIFSA provides universal and uniform rules for the enforcement of family support orders.
Description: HB 4742 (S-2) (KOSOWSKI) would repeal the current “Uniform Interstate Family Support Act (Public Act 310 of 1996, hereinafter referred to as “UIFSA”) and would enact the 2008 version that was updated and recommended by the Uniform Law Commissioners. UIFSA provides universal and uniform rules for the enforcement of family support orders.
Property Tax
Transfer of Ownership: Life Estates
HB 4930 (S-3) (Nesbitt) RC 497, 10/16/15 Passed 81-25
Next: Presentation to the Governor
Committee: Tax Policy
Description: HB 4930 (S-3) (Nesbitt) eliminates the property tax “pop-up” for certain residential property tax transfers involving the expiration or termination of a life estate or life lease.
Description: HB 4930 (S-3) (Nesbitt) eliminates the property tax “pop-up” for certain residential property tax transfers involving the expiration or termination of a life estate or life lease.
Revision of Electronic Filing Rules and Fees for Court
Records; Electronic Filing Fund
HB 5029 (S-1) (Heise) RC 498, 10/16/15 Passed 93-13
Next: Presentation to the Governor
Committee: Judiciary
Description: HB 5029 (S-1) (Heise) would create an “Electronic Filing System Fee (e-filing fee)” that would be collected in addition to any other fees that are authorized or required by law when a civil action is filed.
Description: HB 5029 (S-1) (Heise) would create an “Electronic Filing System Fee (e-filing fee)” that would be collected in addition to any other fees that are authorized or required by law when a civil action is filed.
Application of
Employment Rules to Franchises
HB 5070 (Leutheuser) RC 499, 12/16/15 Passed
59-47
HB 5071 (Somerville) RC 500, 12/16/15 Passed
59-47
HB 5072 (Jenkins) RC 501, 12/16/15 Passed
60-46
HB 5073 (Garcia) RC 502, 12/16/15 Passed
60-46
Next: Presentation to the Governor
Committee: Commerce and Trade
Description: HB 5070 (Leutheuser) would amend the Michigan Occupational Safety and Health Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise. HB 5071 (Somerville) would amend the Payment of Wages and Fringe Benefits Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement. HB 5072 (Jenkins) would amend the Workforce Opportunity Wage Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement. HB 5073 (Garcia) would amend the Michigan Employment Security Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement.
Description: HB 5070 (Leutheuser) would amend the Michigan Occupational Safety and Health Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise. HB 5071 (Somerville) would amend the Payment of Wages and Fringe Benefits Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement. HB 5072 (Jenkins) would amend the Workforce Opportunity Wage Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement. HB 5073 (Garcia) would amend the Michigan Employment Security Act to provide that the franchisee would be considered the sole employer of workers for whom it provides a benefit plan or paid wages except as otherwise specifically provided in the franchise agreement.
Rules for Separate
Segregated Account for Campaign Contributions
SB 571 (Kowall) RC 504, 12/16/15 Passed 58-48
Next: Return to the Senate
Committee: Elections
Description: SB 571 (Kowall) would amend the Michigan Campaign Finance Act to eliminate an annual affirmation (check-off) that must be gathered from employees and members of a for-profit or nonprofit corporation, a joint stock company, a domestic dependent sovereign, or a labor organization for contributions made to their separate segregated fund (SSF). In essence, this bill would allow for a one-time affirmation (check-off) by employees for subsequent annual contribution withdrawals to go to the connected organization’s SSF.
Description: SB 571 (Kowall) would amend the Michigan Campaign Finance Act to eliminate an annual affirmation (check-off) that must be gathered from employees and members of a for-profit or nonprofit corporation, a joint stock company, a domestic dependent sovereign, or a labor organization for contributions made to their separate segregated fund (SSF). In essence, this bill would allow for a one-time affirmation (check-off) by employees for subsequent annual contribution withdrawals to go to the connected organization’s SSF.
Elimination of
Straight Ticket Voting
SB 13 (H-2) (Knollenberg) RC 505, 12/16/15 Passed
54-52
Next: Return to the Senate
Committee: Elections
Description: SB 13 (H-2) (Knollenberg) a bill to eliminate the ability to vote a straight party ballot.
Description: SB 13 (H-2) (Knollenberg) a bill to eliminate the ability to vote a straight party ballot.
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