The following is a summary of legislation that passed the House 5.16.16-5.20.16. Feel free to contact staff directly with any questions or if you need additional information (517-373-0826).

Expand Arrest Jurisdiction for Detroit Metro Airport Police

HB 5181 (Heise) RC 274, 5/17/16 Passed 89-20

Next: Sent to the Senate

Committee: Criminal Justice

Description:

HB 5181 (Heise) would give full peace officer authority and powers to public airport authority officers under certain circumstances.

             

Allow Private College Police to be Licensed Under the MCOLES Act

HB 4588 (H-1) (Heise) RC 275, 5/17/16 Passed 87-22

Next: Sent to the Senate

Committee: Judiciary

Description:

HB 4588 (H-1) (Heise) would allow private college security officers to exercise the authority and power of peace officers while off-campus, under certain circumstances.

Stepparent Adoption

SB 458 (S-1) (Schuitmaker) RC 276, 5/17/16 Passed 102-7

Next: Return to the Senate

Committee: Judiciary

Description:

SB 458 (S-1) (Schuitmaker) would clarify the grounds for the termination of parental rights in cases involving stepparent adoptions. This bill is in response to a 2014 Michigan State Supreme Court case, In re AJR, 852 N.W.2d 760, where the court held that the stepparent adoption statute requires a parent to have sole legal custody when his or her spouse seeks to adopt a stepchild.

Banning the Transportation of Cervids Infected with Chronic Wasting Disease (CWD)

HB 5146 (H-1) (KIVELA) RC 277, 5/17/16 Passed 109-0

Next: Sent to the Senate

Committee: Natural Resources

Description:

HB 5146 (H-1) (KIVELA) would amend the Natural Resources Environmental Protection Act (NREPA) to increase the penalties for an individual caught bringing in a cervid (deer or elk) carcass from a state or province identified as having Chronic Wasting Disease (CWD) in the cervid population. This includes states or provinces with CWD in captive cervid herds.

                         

Limit DEQ Fees for a Private Harbor Used as a Storm Refuge Area

SB 363 (Casperson) RC 278, 5/17/16 Passed 67-42

Next: Return to the Senate

Committee: Natural Resources

Description:

SB 363 (Casperson) would limit the amount DEQ can charge a person in a private harbor formed by a breakwater that occupies bottomlands, (land in the Great Lakes, and bays and harbors of the Great Lakes, lying below the normal high water mark), to $10 annually or no charge if the littoral owner agrees to allow the harbor to be used as a refuge area during storms. This reduced fee would only apply to harbors that are used for non-commercial purposes. We are anticipating an (H-1) that adds littoral use to the section instead of replacing riparian use.

Placing Preference on Michigan Biobased Products for Purchase from the State of Michigan

HB 4850 (Sheppard) RC 279, 5/17/16 Passed 104-5

Next: Sent to the Senate

Committee: Oversight and Ethics

Description:

HB 4850 (Sheppard) would amend the Management and Budget act of 1984 to give preference to Michigan biobased products for all purchases made by the State of Michigan.

Exclude Yoga Instruction & Yoga Teacher Training from the Definition of Proprietary Schools in the Proprietary Schools Act

SB 818 (Schuitmaker) RC 280, 5/17/16 Passed 92-17

Next: Return to the Senate

Committee: Regulatory Reform

Description:

SB 818 (Schuitmaker) amends the Proprietary School Act to exclude schools or programs within schools that exclusively provide yoga instruction, yoga teacher training, or both from the definition of proprietary school.

             

Human Trafficking Package

HB 5542 (Cox) RC 281, 5/17/16 Passed 109-0

HB 5543 (Howell) RC 282, 5/17/16 Passed 109-0

HB 5544 (Jenkins) RC 283, 5/17/16 Passed 109-0

Next: Return to the Senate

Committee: Criminal Justice

Description:

HB 5542 (Cox) Michigan law currently allows a person 16 years of age or older to have one or more prostitution related convictions expunged if the offense or offenses were committed while the person was a victim of a human trafficking violation and the offense was committed “as a direct result” of his or her victim status. The bill would also allow this expungement for convictions under local ordinances that substantially correspond to state-level prostitution convictions.

HB 5543 (Howell) amends the Juvenile Code to allow the court to set aside a prostitution related adjudication if the offense was committed “as a direct result” of his or her status as a victim of human trafficking. The specific violations covered are those that “if committed by an adult” would be violations of Sec. 448 (soliciting, accosting, or enticing prostitution), Sec. 449 (admitting another to a place of prostitution), and/or Sec. 450 (aiding, assisting, or abetting prostitution) of the MPC or a local ordinance substantially corresponding to those offenses.

HB 5544 (Jenkins) would amend the MPC to apply the Safe Harbor Law presumption to a local ordinance prostitution offense that substantially corresponds to Sec. 448 (soliciting, accosting, or enticing prostitution), Sec. 449 (admitting another to a place of prostitution), Sec. 450 (aiding, assisting, or abetting prostitution) and/or Sec. 462 (employs, detains, or allows person under 16 years of age to remain in a house of prostitution).

House Omnibus Budget

HB 5294 (Pscholka) RC 284, 5/18/16 Failed 0-109

HB 5256 (Inman) RC 285, 5/18/16 Failed 0-109

HB 5263 (Miller) RC 286, 5/18/16 Failed 0-109

HB 5268 (Jenkins) RC 287, 5/18/16 Failed 0-109

HB 5272 (Pagel) RC 288, 5/18/16 Failed 0-109

HB 5274 (VerHeulen) RC 289, 5/18/16 Failed 0-109

HB 5276 (Cox) RC 290, 5/18/16 Failed 0-109

HB 5306 (Afendoulis) RC 291, 5/18/16 Failed 0-109

HB 5329 (Canfield) RC 292, 5/18/16 Failed 0-109

Next: Conference Committee

Committee: Appropriations

Description:

HB 5294 (Pscholka) Appropriations, omnibus budget appropriations for Fiscal Year 2017.

HB 5256 (Inman) Appropriations; zero budget; department of military and veterans affairs; provide for fiscal year 2016-2017.

HB 5263 (Miller) Appropriations; zero budget; department of state police; provide for fiscal year 2016-2017.

HB 5268 (Jenkins) Appropriations; zero budget; department of agriculture and rural development; provide for fiscal year 2016-2017.

HB 5272 (Pagel) Appropriations; zero budget; department of corrections; provide for fiscal year 2016-2017.

HB 5274 (VerHeulen) Appropriations; zero budget; department of health and human services; provide for fiscal year 2016-2017.

HB 5276 (Cox) Appropriations; zero budget; general government; provide for fiscal year 2016-2017.

HB 5306 (Afendoulis) Appropriations; zero budget; department of insurance and financial services; provide for fiscal year 2016-2017.

HB 5329 (Canfield) Appropriations; zero budget; state transportation department; provide for fiscal year 2016-2017.

             

Discounting a Petition Signature if Made More than 180 Days Before Filed

SB 776 (Robertson) RC 293, 5/18/16 Passed 57-52

Next: Return to the Senate

Committee: Elections

Description:

SB 776 (Robertson) would amend the Michigan Election Law to provide that a signature on a petition to amend the Constitution or initiate legislation could not be counted if the signature were made more than 180 days before the petition was filed with the Secretary of State. Currently, a signature made more than 180 days before a petition is filed is rebuttably presumed to be stale and void. The bill would delete that language. An amendment was adopted that created a January 1, 2017 effective date.

Exempting Loan Promotion Raffles by State Charted Banks from the MI Penal Code

SB 752 (H-1) (MacGregor) RC 294, 5/18/16 Passed 105-4

Next: Return to the Senate

Committee: Financial Services

Description:

SB 752 (H-1) (MacGregor) amends the Penal Code to exempt loan promotion raffles by state chartered banks from Chapter 44 (gambling crimes) and Chapter 55 (Lottery) of the code.

Banking Code Revisions for State Banks

SB 748 (S-2) (Booher) RC 295, 5/18/16 Passed 105-4

SB 750 (S-1) (Nofs) RC 296, 5/18/16 Passed 108-1

SB 749 (S-1) (Zorn) RC 297, 5/18/16 Passed 108-1

Next: Return to the Senate

Committee: Financial Services

Description:

SB 748 (S-2) (Booher) creates the State Bank Union Regulatory Fund, specifies that the contents of reports on bank examinations and related documents are privileged.           

SB 750 (S-1) (Nofs) changes how the investments are calculated to determine if they exceed the statutory limit.

SB 749 (S-1) (Zorn) alters the definition of affiliate and to add a definition of derivative transaction.

Waiving Residency Requirements for District Court Magistrates

SB 453 (S-1) (Jones) RC 298, 5/18/16 Passed 64-45

Next: Return to the Senate

Committee: Judiciary

Description:

SB 453 (S-1) (Jones) would modify the residency requirement for district court magistrates in third class district courts and in the 36th District Court (City of Detroit) by allowing them to live in an adjoining district. The third class district courts are located in the following counties: Genesee, Ingham, Kent, Macomb, Oakland, Washtenaw, and Wayne.

             

Establishing Tax Exemptions for Specialized Pollution Control Facilities

HB 5401 (H-1) (Farrington) RC 299, 5/18/16 Passed 70-39

Next: Sent to the Senate

Committee: Tax Policy

Description:

HB 5401 (H-1) (Farrington) eliminates the responsibility of the Department of Environmental Quality (DEQ) to determine whether an entity qualifies for a tax exemption certificate (for property and sales taxes) for the installation of air pollution or water pollution control facilities and instead requires an applicant for an exemption to provide an affidavit signed and sealed by a licensed professional environmental engineer certifying that the equipment has been inspected and qualifies for a tax exemption.

Transferring MPSERS Administration to a Third Party Administrator

HB 4338 (H-2) (Forlini) RC 300, 5/18/16 Passed 66-43

Next: Sent to the Senate

Committee: Financial Liablity Reform

Description:

HB 4338 (H-2) (Forlini) mandates the state office of retirement services transfer the administration of the MPSERS defined contribution system (Tier 2) to a third party administrator and appoint no less than 3 and no more than 8 “investment vendors” to who are to provide multiple investment options. Additionally, the third party administrator is to maintain a list of “alternate investment vendors” from which reporting units (school districts) are able to select to use. The alternate investment vendor is one of the 3-8 investment vendors designated by the department.

Amending the Banking Code to Allow Banks to Conduct Loan Promotion Raffles

HB 5251 (Iden) RC 301, 5/19/16 Passed 106-3

Next: Presentation to the Governor

Committee: Financial Services
Description:

HB 5251 (Iden) amends the Banking Code of 1999 to allow banks to conduct loan promotion raffles.

Exclude Forwarding Companies from the Definition of “Collection Agency”

SB 656 (H-1) (Jones) RC 302, 5/19/16 Passed 74-35

SB 657 (H-1) (Jones) RC 303, 5/19/16 Passed 74-35

Next: Return to the Senate

Committee: Financial Services
Description:

SB 656 (H-1) (Jones) amends Article 9 of the Occupational Code to revise the definition of “collection agency” to exclude forwarding agencies and removes the phrase “or indirectly” from the definition.

SB 657 (H-1) (Jones) amends the Regulation of Collection Practices Act to revise the definition of “collection agency” to exclude forwarding agencies and removes the phrase “or indirectly” from the definition.

Requiring Efforts to Keep Siblings Together in Foster Care Placements

HB 5521 (Kesto) RC 304, 5/19/16 Passed 108-1

Next: Sent to the Senate

Committee: Judiciary
Description:

HB 5521 (Kesto) require reasonable efforts be made to keep siblings together when placed in an out-of-home placement.

Michigan Commission on Law Enforcement Standards (MCOLES) Updates and Revisions

HB 5494 (GUERRA) RC 305, 5/19/16 Passed 109-0

HB 5495 (CHANG) RC 306, 5/19/16 Passed 109-0

HB 5496 (Lucido) RC 307, 5/19/16 Passed 109-0

HB 5497 (Kesto) RC 308, 5/19/16 Passed 109-0

HB 5498 (Kesto) RC 309, 5/19/16 Passed 109-0

HB 5499 (Cole) RC 310, 5/19/16 Passed 109-0

HB 5500 (Tedder) RC 311, 5/19/16 Passed 109-0

HB 5501 (Crawford) RC 312, 5/19/16 Passed 109-0

Next: Sent to the Senate

Committee: Judiciary
Description:

HB 5494 (GUERRA) would amend MCL 28.586 and MCL 28.587 of the “Public Body Law Enforcement Agency Act (2004 PA 378)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act (1965 PA 203). Under current law, a law enforcement agency created under the Act must comply with the requirements of section 9d under the Act. Section 9d refers to the maintenance of employment history records. In its rewrite of the Act, section 9d will be repealed. The section pertaining to the maintenance of employment history records will be relocated.

HB 5495 (CHANG) would amend MCL 287.1002 of the “Wolf-Dog Cross Act (2000 PA 246)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615. In addition, the bill would also amend the definition of “law enforcement officer” to add the word “licensed” so that it would include a peace officer who is trained or licensed.

HB 5496 (Lucido) would amend MCL 338.3633 of the “Michigan Unarmed Combat Regulatory Act (2004 PA 403)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615 .In addition, the bill would amend the definition of “inspector” to add the word “licensed or” so that it would an inspector would be an individual who is licensed or certified.

HB 5497 (Kesto) would amend MCL 28.421, MCL 28.422a, and MCL 28.432a of “Firearms Act” (1927 PA 372)” to update statutory references to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615. In addition, the bill would add the word “license or” where references are made to police officers being certified or issued certifications under the Commission on Law Enforcement Standards Act.

HB 5498 (Kesto) would amend MCL 15.391 of the “Disclosure By Law Enforcement Officers Act (2006 PA 563)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615. In addition, the bill would also amend the definition of “law enforcement officer” to add the word “licensed or” so that it would include a peace officer who is trained or licensed.

HB 5499 (Cole) would amend MCL 4.382 of the “Legislative Sergeant At Arms Police Powers Act (2001 PA 185)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615. In addition, under current law, a sergeant at arms or an assistant sergeant at arms commissioned as a police officer under the act is subject to the training and certification requirements under the Michigan Commission on Law Enforcement Standards Act. House Bill 5499 would add the words “licensure or” so that the sergeants would be subject to licensure or certification requirements.

HB 5500 (Tedder) would amend MCL 257.42 and MCL 257.726c of the “Michigan Vehicle Code (1949 PA 300) to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615. In addition, the bill would also amend the definition of “police officer” to add the words “licensed or” so that it would include a peace officer who is trained or licensed.

HB 5501 (Crawford) would amend MCL 287.1102 of the “Large Carnivore Act (2000 PA 274)” to update the statutory reference to the Michigan Commission on Law Enforcement Standards Act. Under current law, it is MCL 28.601 to MCL 28.616. The bill would replace 28.616 with 28.615. In addition, the bill would also amend the definition of “law enforcement officer” to add the words “licensed or” so that it would include a peace officer who is trained or licensed.