Monday, November 16, 2015

The following is a summary of legislation that passed the House 11.9.15-11.13.15. Feel free to contact me with any questions or if you need additional information.

Amending Michigan Election Law to Establish Four Regular Election Dates
HB 4904 (McBroom) RC 418, 11/10/15 Passed 105-1
Next: Presentation to the Governor
Committee: Elections
Description: HB 4904 (McBroom) amends some language in the Michigan Election Law to clarify that there are four regular election dates. These dates are: the May regular election date (which is the first Tuesday after the first Monday in May), the August regular election date (which is the first Tuesday after the first Monday in August), the November regular election date (which is the first Tuesday after the first Monday in November), In each presidential election year when a statewide presidential primary election is held (the date of the statewide presidential primary election). 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. Current law has conflicting wording dealing with whether state law or local ordinance takes precedence when determining a filing deadline for candidates for local office and for all ballot questions of a political subdivision

Revising Motorcycle Safety Course Fees; Requirements
HB 4853 (Tedder) RC 419, 11/10/15 Passed 95-11
HB 4854 (Tedder) RC 420, 11/10/15 Passed 101-5
Next: Sent to the Senate
Committee: Transportation and Infrastructure
Description: HB 4853 (Tedder) increases the maximum course fee allowed to be charged for a motorcycle safety course conducted by a public organization from $25 to $50. HB 4854 (Tedder) waives the requirement of a written knowledge test and road sign test to obtain a motorcycle endorsement for a person that has successfully passed a motorcycle safety course. Under current law, a driving skills test is waived upon completion of a motorcycle safety course, but a written knowledge test and road sign test must still be taken.

Amending Firearms Law to Define “Acceptable Proof” to Become Eligible for “No Carry Zone” Exemption
SB 516 (H-1) (Jones) RC 421, 11/10/15 Passed 83-23
Next: Return to the Senate
Committee: Judiciary
Description: SB 516 (H-1) (Jones) would amend the firearms law to define what “acceptable proof” certain proposed exempt individuals must show to prove they qualify for the exemption from a provision that prohibits the carrying of concealed pistols in “no carry zones.” In addition, the bill would revise the procedures for suspension of a concealed pistol license when a licensee is charged with a felony or misdemeanor and for reinstatement of the license when a person is acquitted or charges are dismissed. The bill is tie-barred to House Bill 4159 (Johnson).

Michigan Association of Health Plans (MAHP) Package
HB 4933 (H-1) (Barrett) RC 422, 11/10/15 Passed 105-1
HB 4934 (H-2) (KOSOWSKI) RC 423, 11/10/15 Passed 105-1
HB 4935 (H-1) (Leonard) RC 424, 11/10/15 Passed 103-3
Next: Sent to the Senate
Committee: Insurance
Description: HB 4933 (H-1) (Barrett) would amend the Patient’s Right to Independent Review Act (PRIRA) to make a number of changes primarily concerning the review process for requests concerning experimental services or treatment. HB 4934 (H-2) (KOSOWSKI) would amend the Coordination of Benefits Act (Act) to clarify the rules by which the order in which multiple insurers will pay on a claim. HB 4935 (H-1) (Leonard) would make a substantial amount of changes to the Insurance Code, including the combinations of sections of chapters that cover similar topics, minor changes needed for language continuity with the Affordable Care Act (ACA), and general updates to an Health Maintenance Organizations’ (HMOs) operating requirements.

Expanding Dark Sky Preserve Lands
HB 5023 (Pettalia) RC 425, 11/10/15 Passed 88-18
Next: Sent to the Senate
Committee: Tourism and Outdoor Recreation
Description: HB 5023 (Pettalia) would expand the land designated under the Dark Sky Preserves.
Dark Sky Preserves are areas of state owned land where night time lighting is controlled for the intent of preserving an area for enjoyment of the night sky (stargazing, photography, etc.). Current Dark Sky Preserves can be found at Lake Hudson, Lenawee County, Wilderness State Park, and portions of Port Crescent State Park. The bill adds the following three areas: State owned land encompassing Rockport State Recreation Area, Negwegon State Park, Thompson’s Harbor State Park.

Increasing the Maximum Lengths for Truck Tractors
SB 274 (H-1) (Jones) RC 426, 11/10/15 Passed 106-0
Next: Return to the Senate
Committee: Transportation and Infrastructure
Description: SB 274 (H-1) (Jones) increases the maximum lengths for the following vehicle combinations: For a saddle mount vehicle combination including up to three saddle mounts or a combination of vehicles using a tow bar connection, from 75 feet to 97 feet. For a vehicle combination with a trailer used exclusively to transport assembled motor vehicles or vehicle bodies, from 65 feet to 79 feet, with the trailer itself up to 53 feet.


Eliminate the Property Tax “Pop-Up” for Certain Residential Property Tax Transfers
HB 4930 (H-1) (Nesbitt) RC 427, 11/10/15 Passed 81-25
Next: Sent to the Senate
Committee: Tax Policy
Description: HB 4930 (H-1) (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

Amend the General Property Tax Act to Allow for Assessors to Keep Property Tax Assessments Electronically
HB 4888 (H-2) (Hughes) RC 428, 11/10/15 Passed 105-1
Next: Sent to the Senate
Committee: Local Government
Description: HB 4888 (H-2) (Hughes) amends PA 206 of 1893, the General Property Tax Act, to allow for assessors to keep property tax assessments electronically.

Allow Pharmacists to Substitute FDA Designated Generic Drugs Instead of Dispensing Higher Cost Brand-Name Drugs
HB 4812 (H-2) (Bizon) RC 429, 11/10/15 Passed 101-5
Next: Sent to the Senate
Committee: Health Policy
Description: HB 4812 (H-2) (Bizon) The bill would amend the Public Health Code to allow pharmacists to substitute Food & Drug Administration (FDA) designated interchangeable biological drug products, instead of dispensing higher cost brand-name drugs.

Extending Reciprocity Certification to a Firefighter from Out-of-State Who Seeks Employment in Michigan
SB 372 (Zorn) RC 430, 11/10/15 Passed 105-0
Next: Presentation to the Governor
Committee: Workforce and Talent Development
Description: SB 372 (Zorn) would amend the Firefighters Training Council Act to require the State Fire Marshall to waive firefighter examination requirements and extend reciprocity certification to a firefighter from another state seeking to work as a firefighter in this State if the other state required certain training standards

Providing “Good Samaritan” Immunity for Licensed EMS Providers When They Provide Emergency Medical Assistance in Good Faith
SB 427 (S-1) (Hansen) RC 431, 11/10/15 Passed 105-0
Next: Presentation to the Governor
Committee: Criminal Justice
Description: SB 427 (S-1) (Hansen) would amend the “Good Samaritan” law to include licensed EMS providers among the health professionals are immune from civil liability when they provide emergency medical assistance in good faith, while off duty, and without compensation

Expand Who Can Conceal Carry in ‘No Carry’ Zones
HB 4159 (Johnson) RC 432, 11/10/15 Passed 82-23
Next: Presentation to the Governor

Committee: Judiciary
Description: HB 4159 (Johnson) would allow certain licensed corrections officers, and retired law enforcement officers to carry a concealed pistol in a “pistol-free” or “no carry” zone. The following individuals would be exempt from the prohibition against carrying concealed pistols in “no carry” zones: A retired corrections officer of a county sheriff's department, A Michigan Department of Corrections officer or absconder recovery unit member, A retired parole, probation, or corrections officer of absconder recovery unit member of the Michigan Department of Corrections.

Monday, November 9, 2015

The following is a summary of legislation that passed the House 11.2.15-11.6.15. Feel free to contact my office (517-373-0826) with any questions or if you need additional information.

Allow the use of Certain Military Experience as the Basis for Licensure
HB 4134 (S-1) (Barrett) RC 404, 11/3/15 Passed 106-1
Next: Presentation to the Governor
Committee: Regulatory Reform
Description: HB 4134 (S-1) (Barrett) Allows certain veterans to use relevant military experience to register and obtain licensure as a boiler operator. The S-1 substitute adds language allowing the Department of Licensing and Regulatory Affairs to promulgate rules for alteration and servicing of boilers, as well as adopting existing rules published codifications or national standards.

House GOP Roads Package
HB 4738 (S-5)
(McCready) RC 405, 11/3/15 Passed 55-52
HB 4736 (S-4) (McCready) RC 406, 11/3/15 Passed 55-51
SB 414 (S-4) (Schmidt) RC 407, 11/3/15 Passed 61-46
HB 4370 (S-3) (Hughes) RC 408, 11/3/15 Passed 62-45
HB 4737 (S-4) (McCready) RC 409, 11/3/15 Passed 73-34
HB 4614 (S-5) (Sheppard) RC 410, 11/3/15 Passed 55-52
HB 4616 (S-6) (Sheppard) RC 411, 11/3/15 Passed 56-51
Next: Return to the Senate (SB 414);
Presentation to the Governor (HB 4738, HB 4736, HB 4370, HB 4737, HB 4614, HB 4616)
Committee: Tax Policy (HB 4370)
Roads and Economic Development (SB 414, HB 4614, HB 4616);
Transportation and Infrastructure (HB 4738, HB 4736, HB 4737);
Description: HB 4738 (S-5) would increase fuel taxes at an earlier date and by a higher amount than the House-passed bill. The Senate substitute then calls for a 26.3 cent per gallon increase in 2016, compared to 22.3 cents per gallon in 2018 set in the House bill. The Senate substitute also includes a tie-bar to SB 414 (income tax rollback) and the effective date is also moved up to January 1, 2017 compared to October 1, 2017. HB 4736 (S-4) increases the registration tax on passenger vehicles and commercial trucks by 20% beginning January 1, 2019 and establishes a vehicle registration tax surcharge on hybrid electric vehicles and nonhybrid electric vehicles. SB 414 (S-4) amends the Income Tax Act to establish a mechanism to reduce the individual income tax rate in years when State General Fund revenue meets certain benchmarks, beginning in tax year 2023. HB 4730 (S-3) amends the Income Tax Act to: (1) earmark funds currently directed to the General Fund for distribution under Public Act 51 for State and local road programs; and (2) increase the Homestead Property Tax Credit. HB 4737 (S-4) amends Public Act 51 to Amend warranty requirements for MDOT projects, establish warranty provisions for the first time for local road agency projects, and establish reporting requirements for MDOT and local road agencies for warrantied projects. It creates a Roads Innovation Task Force and Roads Innovation Fund to receive $100 million in fuel tax revenue until the Legislature acts to release the funds. It also provides a $3 million funding earmark in the Act 51 funding formula for a new Rail Grade Crossing Surface Account to be used for surface improvements at rail crossings on local roads. Further, it increases the earmark in the Act 51 formula dedicated to State Trunk Line debt service from $43 million to $50 million. The bill allows certain large cities to use up to 20% of Act 51 road funds for public transit purposes with the approval of the MDOT director. Lastly, it reduces the cap for the percentage of revenue MDOT may spend on administrative expenses from 10% to 8%. HB 4614 (S-5) amends the Streamlined Sales and Use Tax Revenue Equalization Act to ensure the collection of the 6% use tax on alternative fuels or gasoline used by interstate motor carriers, when applicable. The Act currently only applies to diesel fuel. The bill further clarifies that an interstate motor carrier is entitled to a credit for use tax paid when purchasing fuel in Michigan to be claimed under its International Fuel Tax Agreement return. HB 4616 (S-6) amends the Motor Carrier Fuel Tax Act to increase the tax paid on diesel fuel by interstate motor carriers as provided in HB 4738, including the provisions for an annual inflationary adjustment to the tax rate and application of the tax to alternative fuels.

Amending the Worker’s Disability Compensation Act to allow multiple employers in the same industry to form self-insured groups for workers compensation coverage
HB 4362 (S-2) (Sheppard) RC 412, 11/4/15 Passed 106-1
Next: Presentation to the Governor
Committee: Commerce
Description: The Worker's Disability Compensation Act allows multiple employers in the same industry with combined assets of $1 million or more, and multiple public employers of the same type of unit, to form self-insured groups for workers compensation coverage. The groups must apply to the Workers' Compensation Agency, within the Department of Licensing and Regulatory Affairs for form a group. HB 4362 would say that each of the employer members participating in a self-insurer group possesses ownership of its proportional share of the assets of the group in excess of group obligations (that is, of the surplus). The trustees of a self-insured group, acting in their fiduciary capacity, would have to establish processes and procedures for the distribution of excess assets with the approval of the director of the Workers' Compensation Agency.

Amending the Early Stage Venture Capital Investment Act to Stipulate the MI Early Stage Venture Capital Investment Corporation may not enter into new agreements with investors; Shortens Sunset on Venture Capital Authority
HB 4195 (S-1) (Pscholka) RC 413, 11/4/15 Passed 101-6
HB 4196 (S-1) (McCready) RC 414, 11/4/15 Passed 102-5
Next: Presentation to the Governor
Committee: Commerce
Description: HB 4195 (S-1) (Pscholka) would amend the Early State Venture Capital Investment Act to stipulate that the Michigan Early Stage Venture Investment Corporation may not enter into any new agreements with investors following the bill’s effective date, but may modify an existing agreement with an investor so long as no additional funds are being expended by the modification. HB 4196 (McCready) would shorten the sunset on the Venture Capital Authority Fund from 2054 to 2029. Please note: The Senate amended HBs 4195 and 4196 to stipulate that the first $140 million of the fund would go to reimburse the General Fund for the original amount. Any remaining funds would go to the 21st Century Jobs Trust Fund. It should be noted that there is some dispute as to how much will be left in the Fund after it expires.

Amend the Michigan Occupational Safety and Health Act (MIOSHA) to Conform to Federal Law
SB 213 (Schuitmaker) RC 415, 11/4/15 Passed 106-1
Next: Presentation to the Governor
Committee: Commerce
Description: SB 213 amends the Michigan Occupational Safety and Health Act (MIOSHA) to eliminate a requirement in the Act in order to conform to federal law. The bill removes the language requiring reporting to LARA within eight hours of a fatality or any hospitalization of three or more employees suffering injury from the same accident or illness from the same exposure to the same health hazard associated with their employment from MIOSHA. The language that is retained requires the employers to report “in accordance with rules
promulgated by [the State].”

Extending the Industrial Processing Exemption for the Use Tax and the Sales Tax
SB 369 (S-2) (Schmidt) RC 416, 11/4/15 Passed 82-25
SB 370 (S-2) (Brandenburg) RC 417, 11/4/15 Passed 82-25
Next: Presentation to the Governor
Committee: Tax Policy
Description: SB 369 (S-2) and SB 370 (S-2) would amend the Use Tax Act and the General Sales Tax Act, respectively, to extend the industrial processing exemption under each Act to tangible personal property used or consumed in an industrial processing activity to produce alcoholic beverages that are sold at retail through the manufacturer's own locations (i.e., a winery, brewery, or distillery).



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.