The
following is a summary of legislation that passed the House 9.19.16-9.23.16. Feel
free to contact me directly with any questions or if you need additional
information (517-373-0826).
Allow
for the Use of Pack or Saddle Animals and ORV’s on Designated State Owned Land
HB
5275 (S-2) (Cole), RC 454, 9/20/16 Passed 68-38
Next: Presentation to the Governor
Committee:
Tourism & Outdoor Recreation
Description:
HB
5275 (S-2) (Cole) - Would amend NREPA allowing for the use of
pack or saddle animals and ORV’s on designated state owned land, roads, and
trails. The bill would require the Department of Natural Resources (DNR) to
create a comprehensive inventory of all forest roads that are state roads
before forest roads are deemed open.
Allow
Distribution of Unclaimed Property Account Information to Locators
HB 5283 (S-2) (Webber), RC 455, 9/20/16
Passed 78-28
Next: Presentation to the Governor
Committee:
Tax Policy
Description:
HB 5283
(S-2) (Webber) allows the State Treasurer to
sell or otherwise provide unclaimed property account information for unclaimed
property valued at $10,000 or more and that remains unclaimed for at least 24
months after the property was received by the Treasurer to a registered
“locator” -- an entity registered with the Department of Treasury that locates
owners of unclaimed property and helps recover the property for compensation.
Controlled
Substance Medical Emergency Immunity Package
HB
5649 (S-2) (Pscholka), RC 456, 9/20/16 Passed 105-1
HB 5650 (S-2) (SINGH), RC 457, 9/20/16
Passed 104-2
Next: Presentation to the Governor
Committee: Criminal Justice
Description:
HB
5649 (S-2) (Pscholka) would expand immunity from prosecution
for individuals reporting a medical emergency involving controlled substances
to include persons over the age of 21 and to include all controlled substances,
not just prescription drugs.
HB
5650 (S-2) (SINGH) Would expand immunity from prosecution
for individuals reporting a medical emergency involving controlled substances
to include persons over the age of 21 and to include all controlled substances,
not just prescription drugs.
Corrections
to the School Aid Budget
HB 5291 (S-3) (Pscholka), RC 458, 9/20/16
Passed 106-0
Next:
Returned
to Senate
Committee:
Appropriations
Description:
HB 5291 (S-3) (Pscholka) is a Senate Substitute to make
corrections to the most recent passed School Aid budget.
Tobacco
Products Tax Act Amedment
SB
956 (Stamas), RC 459, 9/20/16 Passed 103-3
Next:
Sent
to Senate
Committee:
Appropriations
Description:
SB
956 (Stamas) The bill amends the Tobacco Products Tax
Act to eliminate an inflationary adjustment to the amount of cigarette tax
directed to the Capitol Historic Site Fund if the inflationary adjustment would
result in less than $3M being directed to that fund.
Changes
to the Autism Spectrum Disorder Insurer Reimbursement Formula
SB
1007 (Jones), RC 460, 9/20/16 Passed 106-0
Next:
Returned
to Senate
Committee:
Appropriations
Description:
SB
1007 (Jones) The bill modifies the formula for
reimbursement, in certain cases to insurers related to the diagnosis and
treatment of autism spectrum disorders.
Amending
Restrictive Covenants
HB 5591 (Cole) RC 461, 9/21/16 Passed 101-6
Next: Sent to the Senate
Committee: Local
Government
Description:
HB 5591 (Cole) amends the Uniform Electronic Transactions Act to
allow the owner of a lot or parcel, subject to a restrictive covenant of more
than 7,500 lots or parcels of real property in a single development, to amend
the covenant by electronic signature.
Third
Grade Reading
HB
4822
(Price) RC 462, 9/21/16 Passed 60-47
Next: Presentation to the Governor
Committee: Education
Description:
HB
4822
(Price) establishes a benchmark goal for all pupils in Michigan to be reading
proficient at a 3rd grade level on the 3rd grade state assessment.
Amending
the Motor Fuel Tax Act
HB
5572 (H-2) (McCready) RC 463, 9/21/16 Passed 102-5
Next: Sent to the Senate
Committee: Transportation
and Infrastructure
Description:
HB
5572
(McCready) amends the Motor Fuel Tax Act to allow a commercial user of
alternative fuel that uses compressed natural gas (CNG) to pay the fuel tax for
their use of CNG for taxation purposes based on an alternative calculation of
“gallon equivalents” if the CNG is supplied by an alternative fuel filling
station that is owned or leased by the alternative fuel commercial user.
Freedom
of Information Act (FOIA) Package
HB
5469 (H-1) (McBroom) RC 464, 9/21/16 Passed 100-6
HB
5470 (Howrylak) RC 465, 9/21/16 Passed 100-6
HB
5471
(Bizon) RC 466, 9/21/16 Passed 100-6
HB
5472
(Barrett) RC 467, 9/21/16 Passed 100-6
HB
5473 (H-1) (Chatfield) RC 468, 9/21/16 Passed 99-7
HB
5474
(RUTLEDGE) RC 469, 9/21/16 Passed 100-6
HB
5475 (H-1) (Sheppard) RC 470, 9/21/16 Passed 100-6
HB
5476
(GUERRA) RC 471, 9/21/16 Passed 100-6
HB
5477
(McBroom) RC 472, 9/21/16 Passed 100-6
HB
5478
(MOSS) RC 473, 9/21/16 Passed 99-7
Next: Sent to the Senate
Committee: Oversight
and Ethics
Description:
HB
5469 (H-1) (McBroom) would create the Legislative Open Records
Act (LORA) within Part 2 of the Michigan Freedom of Information Act (FIOA).
HB
5470 (Howrylak) outlines all fees, costs, exemptions and good faith
monetary deposits dealing with LORA.
HB
5471
(Bizon) outlines response times for fulfilling, denying or extending
information requests that fall under LORA.
HB
5472
(Barrett) adds sections to the Freedom of Information Act to provide for the
efficient administration of the LORA.
HB
5473 (H-1) (Chatfield) describes the denial appeals process
under LORA.
HB
5474
(RUTLEDGE) amends
FOIA to detail the process in which a LORA coordinator separates exempt and
non-exempt records.
HB
5475 (H-1) (Sheppard) describes the exemptions from disclosure under LORA.
HB
5476
(GUERRA) amends the
Legislative Council Act to allow the Council to receive and decide appeals of
public records as provided by LORA.
HB
5477
(McBroom) amends
FIOA to subject the offices of the governor and lieutenant governor to FOIA
requirements.
HB
5478
(MOSS) amends FIOA to subject the offices
of the governor and lieutenant governor to FOIA requirements.
Prohibiting
the Sale of Travel Services for Prostitution/Human Trafficking Purposes
HB
5838
(Barrett) RC 474, 9/21/16 Passed 102-4
HB
5839
(Sheppard) RC 475, 9/21/16 Passed 101-5
Next: Sent to the Senate
Committee: Criminal
Justice
Description:
HB
5838
(Barrett) would amend the Michigan Penal Code to prohibit a person from
knowingly selling or offering to sell travel services that include or
facilitate travel for the purpose of engaging in prostitution or human
trafficking in Michigan.
HB
5839
(Sheppard) would update the sentencing guidelines in the “Code of Criminal
Procedure” to reflect the changes proposed in House Bill 5838.
Allowing
Public Funds for Transport of Non-Public School Students
HB
5753 (H-1) (Price) RC 476, 9/21/16 Passed 85-21
Next: Sent to the Senate
Committee: Education
Description:
HB
5753 (H-1) (Price) amends the Revised School Code to remove
inoperative language from the law which pre-proposal A required for nonpublic
school students to be eligible to receive state aid for transportation.
Additionally, it includes language which arguably allows for charter schools to
demand traditional public schools provide transportation for them free of
charge, just like the service is provided to nonpublic schools.
Providing Health Care Coverage to Surviving
Spouses and Dependents of Fallen Law Enforcement Officers
SB 218 (Schmidt) RC 478, 9/21/16 Passed
99-6
Next: Presentation to the Governor
Committee: Appropriations
Description:
SB 218 (Schmidt) would require the
state to provide up to five years health care coverage to surviving spouses and
dependents of public safety officers who die in the line of duty.
Freedom
of Information Act (FOIA) Package [Continued]
HB
5826 (H-1) (Kesto) RC 479, 9/22/16 Passed 102-5
Next: Sent to the Senate
Committee: Oversight
and Ethics
Description:
HB
5826 (H-1) (Kesto) would prohibit a public body from commencing
a civil action against a person who files a FOIA request.
Modify
and Reinstitute Medicaid MCO Use Tax; Accelerate HICA Sunset
SB 987 (Horn) RC 480, 9/22/16 Passed 62-45
SB 988 (Stamas) RC 481, 9/22/16 Passed
61-46
SB 989 (MacGregor) RC 482, 9/22/16
Passed 61-46
SB 990 (Shirkey) RC 483, 9/22/16 Passed 62-45
Next: Return to the Senate
Committee: Insurance
Description:
SB 987 (Horn) amends the Health Insurance Claims Assessment Act,
beginning January 1, 2017, to reduce HICA to 0.0% with the condition that HICA
would be assessed at 1% “if the federal government provides a written
notification and explanation” to the state that the federal government will
reduce federal Medicaid matching funds as a result of the state assessing the
Medicaid MCO Use Tax and the state has exhausted all waivers and appeals.
SB 988 (Stamas) The bill creates a new fund, the Health Services
Fund (Fund), which would be expended from the fund, upon appropriations every
fiscal year.
SB 989 (MacGregor) amends the “Use Tax Act” by sunsetting the
current use tax by December 31, 2016 and imposing a new tax on the same
entities (Medicaid MCOs and Prepaid Inpatient Health Plans (PIHP) at the same
rate on January 1, 2017.
SB 990 (Shirkey) The bill amends the “Income Tax Act” to
earmark, beginning January 1, 2017, income tax revenue currently used for GF/GP
appropriations instead be deposited into the Medicaid Benefits Trust Fund. The
earmark would support the state’s Medicaid program through maintaining
actuarially sound rates for Medicaid MCOs. The amount of the earmark would be
equal to two-thirds of the immediately preceding calendar year’s collections
from the Medicaid MCO use tax.
Amending
Conditional Liquor License Requirements
SB
981
(Schmidt) RC 484, 9/22/16 Passed 104-3
Next: Sent to the Senate
Committee:
Regulatory Reform
Description:
SB
981
(Schmidt) would make changes to the requirements to obtain a conditional liquor
license from the Michigan Liquor Control Commission (MLCC).
Allow
Corrections Officers to Administer Opioid Antagonists
HB
5790
(Howell) RC 485, 9/22/16 Passed 107-0
Next: Sent to the Senate
Committee: Health
Policy
Description:
HB
5790
(Howell) The bill would expand the definition of “peace
officer” to allow the use of carrying and administering opioid antagonists by
corrections officers.
Moving the Michigan Indigent Defense Commission from the
Supreme Court to LARA
HB 5842 (H-1)
(Heise) RC 486, 9/22/16 Passed 100-7
HB
5843 (H-1)
(Howrylak) RC 487, 9/22/16 Passed 101-6
HB
5844 (H-1) (Kesto) RC 488, 9/22/16 Passed 100-7
HB
5845 (H-1) (GUERRA) RC 489, 9/22/16 Passed 101-6
HB
5846 (H-1) (LAGRAND)
RC 490, 9/22/16 Passed 100-7
Next: Sent to the Senate
Committee: Criminal
Justice
Description:
HB 5842 (H-1)
(Heise) would amend MCL 780.983, MCL 780.985, and MCL 780.991 of the Michigan
Indigent Defense Commission (MIDC) Act to do the following: Remove MIDC from
the Judicial Branch and place it within the Executive Branch, specifically in
the Department of Licensing and Regulatory Affairs.
HB 5843 (H-1)
(Howrylak) would amend MCL 780.989(1) (f) and subsection (2) of the MIDC Act to
remove the requirement that MIDC establish procedures for the mandatory
collection of data concerning each individual attorney providing indigent
criminal defense services.
HB 5844 (H-1)
(Kesto) would amend MCL 780.993 of the MIDC to replace references to the
(Michigan) Supreme Court with Department (LARA). This section of the statute
requires that each indigent criminal defense system submit a plan to MIDC for
the provision of indigent criminal defense services no later than 180 days
after a standard is approved by the Supreme Court. Under the package, a
standard would be approved by LARA.
HB 5845 (H-1)
(GUERRA) would amend MCL 780.995 of the MIDC Act to replace references to the
(Michigan) Supreme Court with Department (LARA). This section of the statute
requires MIDC and an indigent criminal defense system to attempt to resolve
disputes by mediation if conflicts arise concerning the approval of an indigent
criminal defense system’s plan, cost analysis, or compliance with section 13 or
17 of the Act.
HB 5846 (H-1)
(LAGRAND) would amend MCL 780.997 of the MIDC, which requires that every local
unit of government and every trial court that is part of an indigent criminal
defense system comply with an approved plan under the Act. House Bill 5846
would remove the requirement that every trial court comply.
Creating
the Qualified Distribution in Trust Act
HB 5504
(H-1) (Kesto) RC 491, 9/22/16 Passed 96-11
Next: Sent to the Senate
Committee: Judiciary
Description:
HB 5504
(H-1) (Kesto) amends the Uniform
Fraudulent Transfer Act to reflect the creation of the QDTA.
Amending the State License Fee
Act; Occupational Code
HB 4281 (H-2) (Franz) RC 492, 9/22/16 Passed 69-38
HB 4282 (H-1) (Franz) RC 493, 9/22/16 Passed 66-40
Next: Sent to the Senate
Committee: Regulatory
Reform
Description:
HB 4281 (H-2) (Franz) amends the State License
Fee Act to outline how money deposited to the Builder Enforcement Fund (Fund)
may be used by the Department of Licensing and Regulatory Affairs (LARA).
HB 4282 (H-1) (Franz) amends the Occupational
Code to increase the amount a person working on an undertaking or project from
$600 to $4,000 or less.
Veterans
Employment Preference at Veterans Facilities
HB 5730
(H-1) (Graves) RC 494, 9/22/16 Passed 107-0
Next: Sent to the Senate
Committee: Military
and Veterans Affairs
Description:
HB 5730
(H-1) (Graves) would provide employment
preference to veterans at any veterans’ facility in this state.
Allowing
the Creation of a Public-Private Partnership for Port Authorities
HB
5651 (H-1) (Hughes) RC 495, 9/22/16 Passed 98-9
HB
5652
(BYRD) RC 496, 9/22/16 Passed 96-11
Next: Sent to the Senate
Committee: Local
Government
Description:
HB
5651 (H-1) (Hughes) Together, these bill amends the Port
Authority Act to allow either a city or county to create a Port Authority and
allow for public-private partnerships.
HB
5652
(BYRD) Together, these bill amends the Port Authority Act to allow either a
city or county to create a Port Authority and allow for public-private
partnerships.
Allowing
Military Spouses to be Admitted to the State Bar of Michigan Without
Examination, Under Certain Conditions
HB 5288 (WITTENBERG) RC
497, 9/22/16 Passed 106-1
HB 5289
(H-1) (Maturen) RC 498, 9/22/16 Passed 106-1
Next: Sent to the Senate
Committee: Military
and Veterans Affairs
Description:
HB 5288 (WITTENBERG) would also add a new section to the RJA to
require a military spouse attorney to notify the Michigan Board of Law
Examiners, in writing, if any of the following events occur: His or her spouse
is no longer on active duty member in the armed forces. He or she is no longer
married to the service member. The spouse receives a permanent transfer to a
duty station outside of the state.
HB 5289
(H-1) (Maturen) would add a new section
to the “Revised Judicature Act of 1961 (RJA)” to allow a military spouse, who
is an attorney, to be admitted to the State Bar of Michigan, without having to
sit for the Michigan Bar Examination.
Revise
Oil & Gas Leases for Unitization Approval
SB
903
(Casperson) RC 499, 9/22/16 Passed 86-21
Next: Sent to the Senate
Committee:
Energy Policy
Description:
SB
903
(Casperson) Under current law, before an order allowing for “unitization”
issued by the Department of Environmental Quality can take effect, written
approval must be obtained from certain interested parties. Senate Bill 903
would lower the threshold for approval needed by such parties.
Unitization is a legal process under which separately owned wells, tracts and
rights in a field are combined for operation as a single unit to increase recovery
and often provides for the use of secondary or tertiary (enhanced) production
methods on a field wide basis.
