The following is a summary of legislation that recently passed the House 11.28.16-12.2.16. Feel free to contact me with any questions or if you need additional information (517-373-0826).

Amending Rules for Vehicle Fundraising Plates

HB 5447 (Pettalia) RC 512, 11/29/16 Passed 97-10

Next: Presentation to the Governor

Committee: Transportation and Infrastructure
Description:

HB 5447 (Pettalia) caps the number of non-university, fundraising license plates that may be issued by the Secretary of State at any one time.

Providing a Mechanism for Local Govt to Revoke Tax Exemptions

HB 4580 (S-1) (SCHOR) RC 513, 11/29/16 Passed 107-0

Next: Presentation to the Governor

Committee: Tax Policy
Description:

HB 4580 (S-1) (SCHOR) provides a mechanism for a local government to revoke a personal property tax exemption under certain circumstances.

Providing Licensure of Advanced Practice Registered Nurses

HB 5400 (Yonker) RC 514, 11/29/16 Passed 102-5

Next: Sent to the Senate

Committee: Health Policy
Description:

HB 5400 (Yonker) The bill would amend the Public Health Code (Code) to provide for the licensure of advanced practice registered nurses (APRN), who would include certified nurse midwives, certified nurse practitioners and clinical nurse specialist-certified.

Revising the Budget Stabilization Fund Provisions

HB 5847 (Pscholka) RC 515, 11/29/16 Passed 70-37

Next: Sent to the Senate

Committee: Appropriations
Description:

HB 5847 (Pscholka) The bill amends the state’s Management and Budget Act to make changes to the Budget Stabilization Act. An H-1 was adopted that made the following changes: Requires 25% of unassigned GF fund balance, rather than lapses, to be deposited into BSF. This is consistent with FY 2017 budget and would capture 25% of any revenues above projections (or allow lapses to offset a revenue shortfall). Clarifies timing of withdrawals: in fiscal year ending in the calendar year with negative personal income growth. Allows withdrawal based on estimate at any revenue conference, not just May conference (in case economy hit downturn in second half of year). Restores provisions requiring BSF deposits/withdrawals to be estimated at revenue conference (“maximum allowable” in case of withdrawals).

Requiring the “Children with Special Needs Fund” to Maintain a Minimum Balance of $18 Million and allowing the State Treasurer to Invest the Fund

HB 5748 (H-2) (Maturen) RC 516, 11/29/16 Passed 107-0

Next: Sent to the Senate

Committee: Financial Services
Description:

HB 5748 (H-2) (Maturen) amends the Public Health Code to require the Children with Special Needs Fund to maintain a minimum balance of $18 million and to allow the State Treasurer to invest the fund in the same manner as allowed by the Public Employee Retirement System Investment Act.

Allowing Sales and Use Tax Exemptions on Certain Agricultural Property

HB 5889 (H-2) (Lauwers) RC 517, 11/29/16 Passed 107-0

HB 5890 (H-2) (Lauwers) RC 518, 11/29/16 Passed 107-0

Next: Sent to the Senate

Committee: Agriculture
Description:

HB 5889 (H-2) (Lauwers) would amend MCL 205.54a (1)(e) of the “General Sales Tax Act” to clarify that an exemption under this section would include a sale of agricultural land title, portable grain bins, and grain drying equipment to a person in the business of constructing, altering, repairing, or improving real estate for others to the extent that it is affixed to or made a structural part of real estate and is used by that person for a purpose exempt under the this particular section of the Act.

HB 5890 (H-2) (Lauwers) would amend the “Use Tax Act” to provide an exemption for tangible property sold to businesses enterprises using and consuming property in the direct gathering of fish by line, net, or other method not including a charter fishing business. The exemption would extend to subsurface irrigation pipes for the production of agriculture, grain drying equipment and the fuel that powers the equipment. It clarifies that any machinery used to install land tile or irrigation pipe if used in the production of Agricultural products.

Oversight of Veteran’s Facilities

HB 5876 (H-1) (Barrett) RC 519, 11/29/16 Passed 107-0

Next: Sent to the Senate

Committee: Military and Veterans Affairs

Description:

HB 5876 (H-1) (Barrett) as introduced and substituted, would transfer the regulation and oversight of a Michigan Veterans’ Facility to the Michigan Department of Licensing and Regulatory Affairs (LARA).

Limit Tort Liability for Local Govts in the Event of a Sewer System Backup or Overflow

HB 5282 (H-2) (Webber) RC 520, 11/30/16 Passed 62-44

Next: Sent to the Senate

Committee: Local Government

Description:

HB 5282 (H-2) (Webber) amends PA 170 of 1964 to further limit the tort liability of a municipality in the event of a sewer system backup or overflow where the proximate cause is rainfall in excess of the design capacity of the system.

Allowing Hospital Pharmacies to Operate an Automated Dispensing Device

HB 5877 (H-2) (Garcia) RC 521, 11/30/16 Passed 105-1 (*Vote Reconsidered)

Next: Sent to the Senate

Committee: Health Policy
Description:

HB 5877 (H-2) (Garcia) The bill amends the Public Health Code to include a new definition of “automated device” and prescribes conditions for its use in hospital settings.

Removing References to an “Insane Person” in Statute

HB 5033 (DARANY) RC 522, 11/30/16 Passed 106-0

Next: Sent to the Senate

Committee: Health Policy
Description:

HB 5033 (DARANY) The bill repeals an 1846 statute that defines “insane person”.

             

Updating Rules and Regulations for Physician’s Assistants

HB 5533 (Canfield) RC 523, 11/30/16 Passed 104-2

Next: Senate to the Senate

Committee: Health Policy
Description:

HB 5533 (Canfield) The bill amends the Public Health Code to revise regulations and restrictions on licensed physician’s assistants.

             

Allow the Sharing of Confidential Mental Health Information

HB 5782 (Callton) RC 524, 11/30/16 Passed 104-2

Next: Sent to the Senate

Committee: Health Policy
Description:

HB 5782 (Callton) amends the Mental Health Code to allow mental health information to be shared as necessary for treatment, coordination of care, payment, or delivery of mental health services.

Allowing Taxpayers to Elect to Pay the Michigan Business Tax and Claim a “Certificated” Tax Credit in Certain Specified Circumstances

HB 5720 (Pscholka) RC 525, 11/30/16 Passed 104-2

Next: Sent to the Senate

Committee: Tax Policy
Description:

HB 5720 (Pscholka) allows an estate or trust that holds farmland and an associated farmland preservation tax credit to file a tax return under the Michigan Business Tax (MBT) Act, retroactive to tax year 2012, in order to claim the credit in the circumstance in which a farmland owner that had claimed the credit under the Income Tax Act has died and, as a result, the credit can no longer be claimed under the Income Tax Act.

             

Sales and Use Tax Exemptions for County Long-Term Medical Facilities

HB 5824 (H-1) (Glardon) RC 526, 11/30/16 Passed 85-21

HB 5825 (H-1) (Glardon) RC 527, 11/30/16 Passed 79-27

Next: Sent to the Senate

Committee: Tax Policy
Description:

HB 5824 (H-1) (Glardon) revises existing sales tax exemptions for the sale of tangible personal property to a person engaged in the business of constructing, altering, repairing, or improving a nonprofit hospital, which is defined to include a county long-term medical care facility.

HB 5825 (H-1) (Glardon) revises existing use tax exemptions for the sale of tangible personal property to a person engaged in the business of constructing, altering, repairing, or improving a nonprofit hospital, which is defined to include a county long-term medical care facility.

Amending the Adult Foster Care Facility Licensing Act

HB 5774 (H-1) (Cox) RC 528, 11/30/16 Passed 106-0

Next: Sent to the Senate

Committee: Families, Children, and Seniors
Description:

HB 5774 (H-1) (Cox) amends the Adult Foster Care Facility Licensing Act to reflect that the “department” generally means LARA, and not the Department of Human Services (DHS). The legislation also updates references to DHHS where necessary, and lowers the population threshold currently in statute that refers to a city with a population of not less than one million to 600,000. This allows the state to contract with the city fire marshal to inspect adult foster care facilities.

Allowing Hunters a DNR Permit to Prevent or Control Disease

HB 5702 (H-1) (Bumstead) RC 529, 11/30/16 Passed 106-0

Next: Sent to the Senate

Committee: Natural Resources
Description:

HB 5702 (H-1) (Bumstead) would amend the Natural Resources Environmental Protection Act (NREPA) by adding an exemption for people to shoot game if they apply and receive a DNR permit to prevent or control disease.

             

Extend Retirement Deadline for MPSERS Retirees to Substitute Without Losing Benefits

HB 5806 (Hughes) RC 530, 11/30/16 Passed 104-2

Next: Sent to the Senate

Committee: Financial Liability Reform
Description:

HB 5806 (Hughes) Amends the Michigan Public School Employees Retirement Act to expand the date window for retired teachers to substitute teach through a third party contract without immediate forfeiture of their pensions to avoid creating a statutorily sweet spot of retirees.

Allowing Hospital Pharmacies to Operate an Automated Dispensing Device

HB 5877 (H-2) (Garcia) RC 531, 11/30/16 Passed 106-0 (*Final Vote)

Next: Sent to the Senate

Committee: Health Policy
Description:

HB 5877 (H-2) (Garcia) The bill amends the Public Health Code to include a new definition of “automated device” and prescribes conditions for its use in hospital settings.

Revising Process Server and Sheriff’s Fees

HB 4924 (H-2) (Poleski) RC 532, 12/1/16 Passed 105-3

HB 5359 (Poleski) RC 533, 12/1/16 Passed 104-4

HB 5360 (Heise) RC 534, 12/1/16 Passed 104-4

Next: Sent to the Senate

Committee: Judiciary

Description:

HB 4924 (H-2) (Poleski) amends the Revised Judicature Act to increase the schedule of fees allowed for process or papers served out of a court by a person authorized under this Act or Supreme Court Rule to serve process.

HB 5359 (Poleski) amends the Revised Judicature Act to update a cross-reference for the fee paid to a sheriff for the selling of land on the foreclosure of a mortgage by advertisement. This is necessary due to changes made in HB 5360 outlined below.     

HB 5360 (Heise) amends the Revised Judicature Act to update or remove the fees a sheriff is entitled to receiving for performing certain service related acts.

“Bag Ban”: State Preemption of Local Ordinances

SB 853 (Stamas) RC 535, 12/1/16 Passed 62-46

Next: Return to the Senate

Committee: Commerce

Description:

SB 853 (Stamas) would create a new act to prevent local units of government from enacting or enforcing ordinances that regulate the use or impose fees on containers such as plastic bags, cups, bottles, and packaging. Currently, there is only one known community that has enacted such an ordinance: Washtenaw.

Regulating Telehealth Services

SB 753 (H-1) (MacGregor) RC 536, 12/1/16 Passed 108-0

Next: Return to the Senate

Committee: Health Policy

Description:

SB 753 (H-1) (MacGregor) The bill amends the Public Health Code to provide for the regulation of telehealth.

Changing Membership Requirements to the Grape and Wine Industry Council; Renaming  to the Michigan Craft Beverage Council

HB 5025 (H-3) (Iden) RC 537, 12/1/16 Passed 103-4

Next: Sent to the Senate

Committee: Agriculture

Description:

HB 5025 (H-3) (Iden) amends the Michigan Liquor Control Code of 1998 to expand the Grape and Wine Industry Council to include brewers and distillers representation and rename it as the Michigan Craft Beverage Council.

Tax Increment Financing Authority Amendments

HB 5851 (H-2) (Chatfield) RC 538, 12/1/16 Passed 60-48

HB 5852 (H-2) (Theis) RC 539, 12/1/16 Passed 60-48

HB 5853 (H-2) (Price) RC 540, 12/1/16 Passed 61-47

HB 5854 (H-2) (Somerville) RC 541, 12/1/16 Passed 61-47

HB 5855 (H-2) (Maturen) RC 542, 12/1/16 Passed 62-46

HB 5856 (H-1) (Chatfield) RC 543, 12/1/16 Passed 63-45

Next: Sent to the Senate

Committee: Local Government

Description:

HB 5851 (H-2) (Chatfield) Amends PA 197 of 1975 which governs downtown development authorities (DDAs) to prohibit the capture of new special purpose millages after December 31, 2016. Would also repeal the Historic Neighborhood Tax Increment Finance Authority Act, the Neighborhood Improvement Authority Act and the Private Investment Infrastructure Funding Act.

HB 5852 (H-2) (Theis) amends the Water Resource Improvement Tax Increment Finance Authority Act which to prohibit the capture of new special purpose millages after December 31, 2016.

HB 5853 (H-2) (Price) amends the Local Development Financing Act to prohibit the capture of new special purpose millages after December 31, 2016.

HB 5854 (H-2) (Somerville) amends the Corridor Improvement Authority Act to prohibit the capture of new special purpose millages after December 31, 2016.

HB 5855 (H-2) (Maturen) amends the Tax Increment Finance Authority Act to prohibit the capture of new special purpose millages after December 31, 2016.

HB 5856 (H-1) (Chatfield) amends the Brownfield Redevelopment Financing Act to prohibit the capture of new special purpose millages after December 31, 2016.

Removing Preference in Special Education Hiring

HB 5796 (Potvin) RC 544, 12/1/16 Passed 58-50

Next: Sent to the Senate

Committee: Education

Description:

HB 5796 (Potvin) would repeal a section of the Revised School Code that contains an employment hiring preference for certain special education personnel within school districts.

Amending Rights for Owners of Abandoned Vehicles

HB 5741 (H-1) (Tedder) RC 545, 12/1/16 Passed 108-0

Next: Sent to the Senate

Committee: Transportation and Infrastructure

Description:

HB 5741 (H-1) (Tedder) amends the notice requirement for when a vehicle salvage pool notifies the owner and any lienholder of a vehicle being released by the salvage pool. The current requirement provides for notification that the owner and lienholder of record has 30 days to pick up the vehicle.

Allow Retired Psychiatrists to Provide Services at State Psychiatric Hospitals

HB 5664 (VerHeulen) RC 546, 12/1/16 Passed 108-0

Next: Sent to the Senate

Committee: Appropriations

Description:

HB 5664 (VerHeulen) The bill allows under certain circumstances, retired psychiatrists to provide services at psychiatric hospitals operated by the Department of Health and Human Services.

Property Tax Foreclosure Exemptions for Oil and Gas Leases

HB 5912 (Nesbitt) RC 547, 12/1/16 Passed 107-1

Next: Sent to the Senate

Committee: Energy Policy

Description:

HB 5912 (Nesbitt) The bill amends the “General Property Tax Act” to clarify that a property tax foreclosure on the surface property does not include certain personal property beneath the surface.

Extending Compliance Deadline for Egg Laying Hens

HB 5987 (Lauwers) RC 548, 12/1/16 Passed 66-42

Next: Sent to the Senate

Committee: Agriculture

Description:

HB 5987 (Lauwers) would amend the “Animal Industry Act of 1988” to extend the compliance deadline for section 46 (Farm Animal Welfare) minimum space requirement by another five years to October 12, 2025 for egg-laying hens what and clarifies April 1, 2020 compliance date for gestating sows.

Amending the Motor Vehicle Service Repair Act

HB 5857 (Pettalia) RC 549, 12/1/16 Passed 86-22

Next: Sent to the Senate

Committee: Transportation and Infrastructure

Description:

HB 5857 (Pettalia) amends the Motor Vehicle Service and Repair Act to codify, with a few changes, existing Secretary of State administrative rules into statute related to: establishing the type of repair services for which mechanic certification is not required, prohibition of unfair and deceptive practices, registration of repair facilities, return of replaced parts, certification of mechanics, and the issuance of declaratory rulings by the SOS related to practices regulated by the Act.