Friday, April 29, 2016

The following is a summary of legislation that passed the House 4.18.16-4.22.16. Please contact me with any questions or if you need additional information (517-373-0826).

Requiring Court Ordered Domestic Violence Mediation
HB 4476 (S-3) (SANTANA) RC 158, 4/19/16 Passed 107-1
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
HB 4476 (S-3) (SANTANA) Prior to submitting a contested issued in a domestic relations action to mediation, the bill would require a court to first conduct a hearing under the Michigan Court Rules to determine whether mediation is appropriate under the following circumstances: If a Personal Protection Order has been issued protecting one party and restraining the other party. One or both of the parties are involved in a child abuse or neglect proceeding.
             
Allowing Personal Protection Orders for Pets
HB 4478 (S-1) (KOSOWSKI) RC 159, 4/19/16 Passed 100-8
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
HB 4478 (S-1) (KOSOWSKI) would include protection for pets within personal protection orders.

Modifying Best Interests Factors for Child Custody Arrangements
HB 4480 (S-1) (Heise) RC 160, 4/19/16 Passed 79-27
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
HB 4480 (S-1) (Heise) would prohibit a court from considering negatively any reasonable action taken by a parent to protect a child or that parent from the child’s other abusive parent when deciding what custody arrangements are in the best interests of the child.

Prohibiting the Courts from Awarding Custody of a Child Conceived as a Result of Criminal Sexual Conduct to a Parent Convicted of that Act
HB 4481 (S-1) (Lyons) RC 161, 4/19/16 Passed 105-3
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
HB 4481 (S-1) (Lyons) would expand the current law prohibitions on a court awarding custody of a child conceived as a result of criminal sexual conduct to a parent convicted of that act.

Allowing School Districts to Form or Join Recreational Authorities with Other Municipalities
HB 4578 (H-1) (Potvin) RC 162, 4/19/16 Passed 108-0
Next: Sent to the Senate
Committee: Local Government
Description:
HB 4578 (H-1) (Potvin) amends PA 321 of 2000, the Recreational Authorities Act to allow for school districts to form or join recreational authorities with other municipalities.

Requiring Notice for Entry on Property for Certain Drain Projects
HB 4656 (H-2) (Johnson) RC 163, 4/19/16 Passed 108-0
Next: Sent to the Senate
Committee: Local Government
Description:
HB 4656 (H-2) (Johnson) amends the Drain Code to require 7 days prior notification of property owners of the need of their property to be entered for any excavation or tree removal.

Amending the Administration of Personal Property Tax Exemptions
HB 5525 (H-1) (Nesbitt) RC 164, 4/20/16 Passed 107-1
HB 5526 (H-1) (Farrington) RC 165, 4/20/16 Passed 107-1
HB 5527 (Farrington) RC 166, 4/20/16 Passed 107-1
HB 5545 (Farrington) RC 167, 4/20/16 Passed 107-1
Next: Sent to the Senate
Committee: Tax Policy
Description:
HB 5525 (H-1) (Nesbitt) amends various statutes to change administrative processes related to personal property tax reforms finalized in 2014. HB 5526 (H-1) (Farrington) amends various statutes to change administrative processes related to personal property tax reforms finalized in 2014. HB 5527 (Farrington) amends various statutes to change administrative processes related to personal property tax reforms finalized in 2014. HB 5545 (Farrington) amends various statutes to change administrative processes related to personal property tax reforms finalized in 2014.

Regulating the Sale of Used Auto Parts to Dealers
SB 331 (H-1) (Jones) RC 168, 4/21/16 Passed 83-24
Next: Return to the Senate

Committee: Commerce and Trade
Description:
SB 331 (H-1) (Jones) amends how dealers who receive used tires, wheels, and rims can pay individuals who bring those items in for sale.
The following is a summary of legislation that passed the House 4.25.16-4.29.16. Feel free to contact my office with any questions or if you need additional information (517-373-0826).

Creating the Impaired Driving Safety Commission
HB 5024 (Lucido) RC 169, 4/26/16 Passed 107-1
Next: Sent to the Senate
Committee: Judiciary
Description:
HB 5024 (Lucido) would create the Impaired Driving Safety Commission within the Michigan State Police to research the appropriate threshold of THC (psychoactive ingredient in marijuana) bodily content to provide evidence for per se impaired driving in Michigan. The bill would also create an Impaired Driving Commission Fund within the Michigan Department of Treasury, subject to appropriations.

Creates the Electronic Open Access to Government Act
HB 4814 (H-1) (Runestad) RC 170, 4/26/16 Passed 107-1
Next: Sent to the Senate
Committee: Oversight and Ethics
Description:
HB 4814 (H-1) (Runestad) The bill creates the “electronic open access to government act” that will mandate uniform websites for each executive branch department maintained and housed by the Department of Technology, Management and Budget.

Modifying Veteran Definition Statues
HB 5332 (H-1) (Barrett) RC 171, 4/26/16 Passed 108-0
HB 5333 (Maturen) RC 172, 4/26/16 Passed 108-0
HB 5334 (H-1) (RUTLEDGE) RC 173, 4/26/16 Passed 108-0
HB 5335 (Glenn) RC 174, 4/26/16 Passed 107-0 (*Vote Reconsidered)
HB 5335 (Glenn) RC 175, 4/26/16 Passed 108-0 (*Final Vote)
HB 5336 (H-1) (Hughes) RC 176, 4/26/16 Passed 108-0
HB 5337 (Cox) RC 177, 4/26/16 Passed 108-0
HB 5338 (H-1) (Vaupel) RC 178, 4/26/16 Passed 108-0
HB 5339 (Lucido) RC 179, 4/26/16 Passed 108-0
HB 5340 (Bizon) RC 180, 4/26/16 Passed 108-0
Next: Sent to the Senate
Committee: Military and Veterans Affairs
Description:

HB 5332 (H-1) (Barrett) The bill amends section 1 of the 1965 Public Act 190 and modifies the definition of veteran to mean, “An individual who served in the United States Armed Forces, including the reserve components, and was discharged or released under conditions other than dishonorable. Veteran includes an individual who died while on active duty in the United States armed forces.” The bill also clarifies that a veteran who served in more than 1 period of war service may combines their active duty days of service to satisfy the length of active duty service. The act takes effect 90 days after the date it is enacted into law.
HB 5333 (Maturen) The bill amends the definition of a veteran in the Public Act 12 (Veterans Military Pay Act) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190, provided honorable and faithful service for more than 60 days during his or her period of service and was a resident of this state at the time of entering service and for at least 6 months prior to that date. The act takes effect 90 days after the date it is enacted into law. HB 5334 (H-1) (RUTLEDGE) The bill amends the definition of a veteran in the Public Act 370 (Vietnam Veteran Era Bonus Act) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190, and has completed not less than  190 days of honorable service or is listed as missing in action or died during the period of service from service-connected causes in the army, air, naval, marine, or coast guard forces of the United States including the auxiliary branches. The act takes effect 90 days after the date it is enacted into law. HB 5335 (Glenn) The bill amends the definition of a veteran in the 1955 Public Act 8 (Korean Veterans Military Pay Fund Act) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190, and has served honorably and faithfully for more than 60 days in the military, naval, marine or coast guard forces of the United States and who was a Michigan resident at least 6 months prior to their entering into the Korean War and hos not applied for and received similar payments from another state. The act takes effect 90 days after the date it is enacted into law.
HB 5336 (H-1) (Hughes) The bill amends the definition of a veteran in the 1972 Public Act 222 (State Personal Identification Card) as an individual who meets the definition as it is described in section 1 of the 1965 Public Act 190. The act takes effect 90 days after the date it is enacted into law.
HB 5337 (Cox) The bill amends the definition of a veteran in the 1984 Public Act 431 (The Management and Budget Act) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190, and was released from his or her service with an honorable or general discharge. The act takes effect 90 days after the date it is enacted into law.
HB 5338 (H-1) (Vaupel) The bill amends the definition of a veteran in the 1994 Public Act 39 (Veteran Right to Employment Services Act) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190 and served at least 180 days of active duty in the Armed Forces of the United States or has a service-connected disability as a result of service in the armed forces of the United States. The act takes effect 90 days after the date it is enacted into law.
HB 5339 (Lucido) The bill amends the definition of a veteran in the 1978 Public Act 368 (Public Health Code) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190, and has been a resident of Michigan continuously since June 11, 1987. The act takes effect 90 days after the date it is enacted into law.

HB 5340 (Bizon) The bill amends the definition of a veteran in the 2014 Public Act 508 (Private Employer’s Veterans’ Preference Policy Act) as an individual who meets the definition as it is defined in section 1 of the 1965 Public Act 190 and served at least 180 days of active duty in the Armed Forces of the United States or has a service-connected disability as a result of service in the armed forces of the United States. The act takes effect 90 days after the date it is enacted into law.

Omnibus FY 2017 Education Budget
HB 5291 (H-1) (Pscholka) RC 181, 4/26/16 Passed 72-36
Next: Sent to the Senate
Committee: Appropriations
Description:
HB 5291 (H-1) (Pscholka) 2017 omnibus appropriations for school aid, higher education, and community colleges.

Juvenile Justice Package
HB 4947 (Lucido) RC 182, 4/27/16 Passed 92-16
HB 4948 (H-1) (Howrylak) RC 183, 4/27/16 Passed 92-16
HB 4949 (Pagel) RC 184, 4/27/16 Passed 92-16
Next: Sent to the Senate
Committee: Criminal Justice
Description:

HB 4947 – HB 4949 would amend various statutes to raise the age of juvenile court jurisdiction from 17 years of age to 18 years of age. HB 4955 and HB 4956 would require courts to give equal consideration of all statutory factors prior to waiving jurisdiction in juvenile cases.

Omnibus Budget Appropriations for FY 2017
HB 5294 (Pscholka) RC 185, 4/27/16 Passed 76-32
Next: Sent to the Senate
Committee: Appropriations
Description:
HB 5294 (Pscholka) Establishes omnibus budget appropriations for Fiscal Year 2017. Budgets for the Departments of Agriculture and Rural Development, Corrections, Education, Environmental Quality, Health and Human Services, Insurance and Financial Services, Military and Veterans Affairs, Natural Resources, State Police, and Transportation. Also included are General Government appropriations and funding for the Judiciary.

Juvenile Justice Package (Cont.)
HB 4950 (GARRETT) RC 186, 4/27/16 Passed 93-15
HB 4951 (Forlini) RC 187, 4/27/16 Passed 92-16
HB 4952 (Webber) RC 188, 4/27/16 Passed 92-16
HB 4953 (Afendoulis) RC 189, 4/27/16 Passed 93-15
HB 4954 (SANTANA) RC 190, 4/27/16 Passed 91-17
HB 4955 (SANTANA) RC 191, 4/27/16 Passed 92-16
HB 4956 (GUERRA) RC 192, 4/27/16 Passed 93-15
HB 4957 (Heise) RC 193, 4/27/16 Passed 92-16
HB 4958 (Heise) RC 194, 4/27/16 Passed 92-16
HB 4959 (Heise) RC 195, 4/27/16 Passed 92-16
HB 4960 (Kesto) RC 196, 4/27/16 Passed 91-17
HB 4961 (Kesto) RC 197, 4/27/16 Passed 91-17
Next: Sent to the Senate
Committee: Criminal Justice
Description:

HB 4950 – HB 4954 would amend various statutes to raise the age of juvenile court jurisdiction from 17 years of age to 18 years of age. HB 4955 and HB 4956 would require courts to give equal consideration of all statutory factors prior to waiving jurisdiction in juvenile cases.
HB 4955 –HB 4956 would allow a judge to equally consider other factors, including a youth’s culpability (level of involvement in planning or carrying out an offense), history of treatment participation, and availability of other dispositional options during a juvenile offender’s sentencing and waiver proceedings.
HB 4957 –HB 4959 would prohibit minor offenders from being placed in adult jails, lock-ups, and prisons.
HB 4960- HB 4961 would amend various statutes in the Code of Criminal Procedure and the Probate Code of 1939 to declassify certain offenses as “specified juvenile offenses” so that a waiver to adult criminal court would not be automatically triggered.

Personal Property Tax Administration Changes
HB 5525 (Nesbitt) RC 198, 4/28/16 Passed 108-1
Next: Presentation to the Governor
Committee: Tax Policy
Description:
HB 5525 (Nesbitt) amends the State Essential Services Assessment Act to change administrative processes related to personal property tax reforms finalized in 2014.
             
Personal Property Tax Administration Changes
HB 5545 (Farrington) RC 199, 4/28/16 Passed 107-1
Next: Presentation to the Governor
Committee: Tax Policy
Description:
HB 5545 (Farrington) Amends the Alternative State Essential Services Act and is identical to HB 5525 (H-1), which amends the State Essential Services Act.

Juvenile Justice Package (Cont.)
HB 4962 (KOSOWSKI) RC 200, 4/28/16 Passed 90-19
HB 4963 (KOSOWSKI) RC 201, 4/28/16 Passed 97-12
HB 4965 (CHANG) RC 202, 4/28/16 Passed 96-13
HB 4966 (Howrylak) RC 203, 4/28/16 Passed 107-1
HB 4964 (H-1) (LOVE) RC 204, 4/28/16 Passed 107-1
Next: Sent to the Senate
Committee: Criminal Justice
Description:

HB 4962 (KOSOWSKI) would amend various statutes in the Code of Criminal Procedure and the Probate Code of 1939 to declassify certain offenses as “specified juvenile offenses” so that a waiver to adult criminal court would not be automatically triggered.
HB 4963 (KOSOWSKI) would require SCAO to develop and provide an annual report to the legislature regarding juveniles less than 18 years of age who are tried as adults for felonies or misdemeanors.
HB 4965 (CHANG) would create a Family Advisory Board within MDOC to advise it on strategies to improving the connection between inmates and their families during periods of incarceration, reducing institutional misconduct, and reduce recidivism rates.
HB 4966 (Howrylak) would require that youth offenders in administrative segregation have access to age-appropriate out-of-cell programming and outdoor exercise at least five days per week.
HB 4964 (H-1) (LOVE) increases the Child Care Fund (CCF) reimbursement rate for certain juvenile justice services by 25 percent.


Monday, April 18, 2016

The following is a summary of legislation that passed the House 4.11.16-4.15.16. Feel free to contact my office with any questions or if you need additional information (517 373 0826).

Establishing Penalties and Collection Procedures for Non-Payment or Delinquent Payment Under the Tax Reverted Clean Title Act
HB 4984 (Barrett) RC 148, 4/12/16 Passed 108-0
Next: Sent to the Senate
Committee: Tax Policy
Description:
HB 4984 (Barrett) establishes penalties and collection procedures for non-payment or delinquent payment of the specific tax under the Tax Reverted Clean Title Act that are the same as the penalties and procedures under the General Property Tax Act (GPTA).
             
Renaming Family Independence Agency to DHHS in Domestic Violence Statute
HB 5119 (NEELEY) RC 149, 4/12/16 Passed 108-0
Next: Sent to the Senate
Committee: Families, Children, and Seniors
Description:
HB 5119 (NEELEY) amends the Domestic Violence statute to change the “Family Independence Agency” to the “Department of Health and Human Services”.
Next: Conference Committee
             
Allowing the State Treasurer to Sell or Provide Unclaimed Property Account Information to Property Locators
HB 5283 (H-4) (Webber) RC 150, 4/12/16 Passed 75-33
Next: Sent to the Senate
Committee: Tax Policy
Description:
HB 5283 (H-4) (Webber) allows the State Treasurer to sell or otherwise provide unclaimed property account information for unclaimed property valued at $2,000 or more and that remains unclaimed for at least 24 months after the property was received by the Treasurer to a “locator” -- an entity that locates owners of unclaimed property and helps recover the property for compensation.

Allow for Revocation of Personal Property Tax Exemptions Under Certain Circumstances
HB 4580 (H-2) (SCHOR) RC 151, 4/13/16 Passed 109-0
Next: Sent to the Senate
Committee: Tax Policy
Description:
HB 4580 (H-2) (SCHOR) provides a mechanism for a local government to revoke a personal property tax exemption under certain circumstances.

Allowing the Auditor General to Access Confidential Records During an Audit
HB 5464 (McBroom) RC 152, 4/13/16 Passed 109-0
Next: Sent to the Senate
Committee: Oversight and Ethics
Description:
HB 5464 (McBroom) would amend the act that defines the duties of the auditor general to allow his office to access confidential records during the course of an audit.
             
Prohibiting and Establishing Penalties for Revenge Porn
SB 508 (BIEDA) RC 153, 4/13/16 Passed 109-0
SB 509 (Jones) RC 154, 4/13/16 Passed 109-0
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
SB 508 (BIEDA) prohibit a person from intentionally and with the intent to threaten, coerce, or intimidate, disseminate any sexually explicit visual material of another person.        SB 509 (Jones) create a misdemeanor penalty for the posting of any sexually explicit visual material of another person without their consent. The offense would be punishable by up to 93 days in jail and/or up to a $500 fine. For a second or subsequent offense, the penalty would be a misdemeanor, punishable by up to one year in jail and/or up to a $1,000 fine.

Allow Businesses in a Renaissance Zone to Make Payments to Local Governments Instead of Paying Taxes
HB 5439 (Webber) RC 155, 4/14/16 97-11
Next: Sent to the Senate
Committee: Tax Policy
Description:
HB 5439 (Webber) would, with respect to renaissance zones that are or may in the future be designated by the Michigan Strategic Fund board, remove the current prohibition that a business shall not make a payment in lieu of taxes to a taxing jurisdiction within the local governmental unit in which the renaissance zone is located.

Proscribing Duties and Responsibilities of Bankruptcy Trusts
HB 5421 (H-1) (Cox) RC 156, 4/14/16 103-5
Next: Sent to the Senate
Committee: Financial Liability Reform
Description:
HB 5421 (H-1) (Cox) Establishes powers, procedures, and criteria to pay and/or remove trustees of a bankruptcy trust created to manage a local government’s public employee health care fund established under the Public Employee Health Care Fund Investment Act, (1999 PA 149).

Exempt Vehicles Transporting Potable Water from Seasonal Vehicle Weight Limits
HB 4695 (H-1) (Sheppard) RC 157, 4/14/16 57-51
Next: Sent to the Senate

Committee: Transportation and Infrastructure
Description:
HB 4695 (H-1) (Sheppard) exempts vehicles transporting potable water in bulk to a residence from seasonal weight restrictions (frost law) provided the vehicle travels at a speed of 35 mph or less.