Tuesday, December 22, 2015

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.

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.

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.

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.

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.


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.

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.

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.

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.

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.

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.

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.

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.

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.

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.


Friday, December 11, 2015


Here’s the summary of legislation that passed the House 12.7.15-12.11.15. Feel free to contact mewith any questions or if you need additional information (517-373-0826).

Allow for Municipalities to Fund Energy Conservation Improvements by Lease-Purchase Agreements
HB 4990 (H-1) (Pscholka) RC 448, 12/8/15 Passed 102-4
HB 4991 (H-1) (Pscholka) RC 449, 12/8/15 Passed 102-4
HB 4992 (H-1) (Pscholka) RC 450, 12/8/15 Passed 102-4
HB 4993 (H-1) (Pscholka) RC 451, 12/8/15 Passed 102-4
HB 4994 (H-1) (Pscholka) RC 452, 12/8/15 Passed 102-4
Next: Sent to the Senate
Committee: Local Government
Description:
HB 4990 (H-1) (Pscholka) amends the Home Rule City Act to fund energy conservation improvements by lease-purchase agreements. HB 4991 (H-1) (Pscholka) amends the General Law Village Act to fund energy conservation improvements by lease-purchase agreements. HB 4992 (H-1) (Pscholka) amends the Home Rule Village Act to fund energy conservation improvements by lease-purchase agreements. HB 4993 (H-1) (Pscholka) amends the 1846 Revised Statute 16, which governs townships to fund energy conservation improvements by lease-purchase agreements. HB 4994 (H-1) (Pscholka) amends the County Board of Commissioners Act to fund energy conservation improvements by lease-purchase agreements.

Elimination of Sunset on Post-Conviction DNA Testing
SB 151 (BIEDA) RC 453, 12/8/15 Passed 106-0
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
SB 151 (BIEDA) would amend the Code of Criminal Procedure to eliminate the sunset for defendants to petition the court for post-conviction DNA testing of evidence.

Updating Liquid Industrial Waste Regulation
SB 400 (H-1) (Schmidt) RC 454, 12/8/15 Passed 106-0
SB 401 (S-1) (Stamas) RC 455, 12/8/15 Passed 106-0
SB 402 (S-1) (Schuitmaker) RC 456, 12/8/15 Passed 106-0
Next: Return to the Senate (SB 400);
Presentation to the Governor (SB 401, SB 402)
Committee: Natural Resources
Description:
The bill package amends part 121 (Liquid Industrial Wastes) of the Natural Resources and Environmental Protection Act (NREPA) by adopting beneficial use language, increasing container identification and response plan requirements, increasing penalties for non-compliance, updating references for government regulation regarding transportation of materials, and changing sentencing guidelines.

Creating a Successor Guardian for a Child Whose Permanency Plan Does Not Include Reunification or Adoption
SB 529 (H-1) (Emmons) RC 457, 12/8/15 Passed 106-0
Next: Return to the Senate
Committee: Judiciary
Description:
SB 529 (H-1) (Emmons) creates a successor guardian for a child whose permanency plan does not include reunification or adoption. SB 529 is a Department of Health and Human Services (DHHS) priority to ensure compliance with the Federal Preventing Sex Trafficking and Strengthening Families Act.
             
Amends the Definitions for “Relative” and Adds the Definition for “Sibling” into the Child Welfare Act
SB 530 (H-1) (Emmons) RC 458, 12/8/15 Passed 106-0
Next: Return to the Senate
Committee: Judiciary
Description:
SB 530 (H-1) (Emmons) amends the definitions for “relative” and adds the definition for “sibling” into the Child Welfare Act. SB 530 (H-1) is a Department of Health and Human Services (DHHS) priority to ensure compliance with the Federal Preventing Sex Trafficking and Strengthening Families Act.

Extending the Health Insurance Claims Assessment (HICA) Sunset
HB 5105 (Pscholka) RC 459, 12/8/15 Passed 83-23
Next: Sent to the Senate
Committee: Appropriations
Description:
HB 5105 (Pscholka) would extend the Health Insurance Claims Assessment (HICA) sunset from December 31, 2017 to September 30, 2025 and removes language that would reimburse HICA payers when revenues exceed the statutory cap. It further would repeal language that would repeal the entire Act on January 1, 2018.

Revisions to the Credit Union Act
HB 5017 (H-2) (Forlini) RC 460, 12/9/15 Passed 104-2
HB 5018 (H-1) (Pettalia) RC 461, 12/9/15 Passed 105-1
HB 5019 (H-2) (CLEMENTE) RC 462, 12/9/15 Passed 89-17
HB 5020 (H-1) (Theis) RC 463, 12/9/15 Passed 105-1
HB 5021 (Barrett) RC 464, 12/9/15 Passed 105-1
HB 5022 (H-1) (LOVE) RC 465, 12/9/15 Passed 104-1
Next: Sent to the Senate
Committee: Financial Services
Description:
HB 5017 (H-2) (Forlini) allows for more delegation by credit union boards, expands volunteer structure, increases the field of membership, provides technical updates and regulatory relief. HB 5018 (H-1) (Pettalia) amends the Credit Union Act to update the language to reflect changes in the tittles of certain positions. HB 5019 (H-2) (CLEMENTE) amends the Credit Union Act to allow credit unions to participate in credit union service organizations that perform investment administration services and that provide trust services. HB 5020 (H-1) (Theis) makes credit union examinations confidential, along with additional changes to the examination process. HB 5021 (Barrett) changes how proposed mergers between two credit unions must report the effective date of the merger. HB 5022 (H-1) (LOVE) allows for loan promotion raffles.

Elimination of Straight Ticket Voting
SB 13 (H-2) (Knollenberg) RC 466, 12/9/15 Passed 54-51
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.

Allowing No-Reason Absentee Voting
HB 4724 (Lyons) RC 467, 12/9/15 Passed 59-46
Next: Sent to the Senate
Committee: Elections
Description:
HB 4724 (Lyons) The bill would amend the Michigan Election Law to allow a type of in-person no reason absentee voting.

State Aid to Public Schools for Private and Home-Schoolers in Public Kindergarten
HB 4790 (S-1) (McBroom) RC 468, 12/10/15 Passed 106-0
Next: Presentation to the Governor
Committee: Education
Description:
HB 4790 (S-1) (McBroom) would expand the permissible uses of shared time service agreements to cover students in Kindergarten. Currently, shared time service agreements may only be used for students in grades 1-12. The bill is tie-barred to HB 4594.

Creating Governmental Immunity for Sidewalk Claims
HB 4686 (SANTANA) RC 469, 12/10/15 Passed 55-51
Next: Sent to the Senate
Committee: Local Government
Description:
HB 4686 (SANTANA) amends PA 170 of 1964, the Governmental Liability for Negligence Act, to allow for a municipality to use an open and obvious defense in a civil action related to an injury due to a defect in a sidewalk.

Extending Sunset on Groundwater Discharge Permit Fees
SB 552 (Green) RC 470, 12/10/15 Passed 59-47
Next: Sent to the Senate
Committee: Appropriations
Description:
SB 552 (Green) would amend Part 31 (Water Resources Protection) of the Natural Resources and Environmental Protection Act (NREPA) by delaying the fee sunset on groundwater discharge permits from December 31, 2015 to September 30, 2019; creating a new sub facility group category to issue permits; and adjusting the fee schedule to include “Group 2A Facility” while holding the annual groundwater discharge permits fees at current funding levels.

Streamlining the Escheats Audit Process
SB 538 (H-2) (Brandenburg) RC 471, 12/10/15 Passed 106-0
Next: Return to the Senate
Committee: Commerce & Trade
Description: SB 538 (H-2) (Brandenburg) would amend the Uniform Unclaimed Property Act to update Michigan’s administration of escheats audits.


Amend Insurance Code to Provide for Model Updates Relating to the Regulation of Insurance holding companies
SB 177 (H-2) (Hune) RC 472, 12/10/15 Passed 106-0
SB 178 (H-1) (Hune) RC 473, 12/10/15 Passed 106-0
Next: Return to the Senate
Committee: Insurance
Description: SB 177 (H-2) (Hune) would amend the Insurance Code (Code) to adopt a number of model updates relating to the regulation of insurance holding companies. These changes are based up updates to the National Association of Insurance Commissioners’ (NAIC) Insurance Holding Company System Regulatory Model Act. SB 178 (H-1) (Hune) would amend the Insurance Code of 1956 by adding a Chapter 17, which would address and require the use of a risk management framework by insurers.

Taxable Wage Limit Calculation
SB 500 (Horn) RC 474, 12/10/15 Passed 60-46
Next: Presentation to the Governor
Committee: Workforce and Talent Development
Description:
SB 500 (Horn) The bill would amend the Michigan Employment Security Act (Act) to require an annual, rather than quarterly, determination of the balance of the Unemployment Compensation Fund (Fund), for the purpose of setting the taxable wage limit.

Increase County Reward for Information Leading to Arrest & Conviction
HB 4292 (COCHRAN) RC 475, 12/10/15 Passed 104-2
Next: Sent to the Senate

Committee: Local Government
Description:
HB 4292 (COCHRAN) would amend PA 175 of 1927, the Code of Criminal Procedure, to increase the maximum allowable reward a county may award for information leading to arrest and conviction of someone that has committed a crime within the county.