Friday, March 25, 2016

The following is a summary of legislation that passed the House 3.21.16-3.24.16. Please contact me with any questions (517-373-0826).

Allowing Fiduciary Access to Digital Assets
HB 5034 (S-1) (Forlini) RC 126, 3/22/16 Passed 107-0
Next: Presentation to the Governor
Committee: Communications & Technology
Description:
HB 5034 (S-1) (Forlini) creates the Fiduciary Access to Digital Assets Act. Tbill would provide a way for an individual's heirs to gain access to and possession of that individual's digital property after the individual's death.
Eliminating the Practice of “Cost-Bonding” in Civil Asset Forfeiture
HB 4629 (H-1) (Lucido) RC 127, 3/22/16 Passed 100-7
Next: Sent to the Senate
Committee: Judiciary
Description:
HB 4629 (H-1) (Lucido) would eliminate the practice of “cost-bonding” which requires a claimant in a civil asset forfeiture case to submit a cost bond (10 percent of the estimated value of the seized property) as a prerequisite for defending against the forfeiture of his or her property.

Allowing Green Snow Plow Lights
HB 5247 (H-1) (VerHeulen) RC 128, 3/22/16 Passed 97-10
Next: Sent to the Senate
Committee: Transportation and Infrastructure
Description:
HB 5247 (H-1) (VerHeulen) allows flashing, rotating, or oscillating lights on commercial and state or local road agency vehicles engaged in snow and ice removal or similar operations to be green instead of amber. The bill further allows green lights for a vehicle used for the cleanup of spills or another emergency response action or a vehicle operated by a Department of Natural Resources employee responding to a spill, emergency response action, or compliance activity. In addition, it is specified that the bill’s provisions do not prohibit the use of green lights by a fire service.
Allowing FOIA Exceptions for Cybersecurity and Energy Infrastructure
HB 4540 (H-9) (Heise) RC 129, 3/23/16 Passed 105-3
Next: Sent to the Senate
Committee: Natural Resources
Description:
HB 4540 (H-9) (Heise) amends the Freedom of Information Act (FOIA) to exempt records or information related to cybersecurity plans, cybersecurity assessments, and cybersecurity vulnerabilities from the Act.

Making Seed Testing Laboratory Maintenance Updates Optional
HB 5392 (B. Roberts) RC 130, 3/23/16 Passed 73-35
Next: Sent to the Senate
Committee: Agriculture and Rural Development
Description:
HB 5392 (B. Roberts) would amend the Michigan Seed Law (1965 Public Act 329) to make maintaining a seed testing laboratory and facilities optional as well as update other sections of the bill that allow the Department of Agriculture and Rural Development (MDARD) to promulgate rules to carry out its duties under the Act.

Allow Counties to Loan Funds to Townships for Road Projects
SB 729 (S-1) (Schmidt) RC 131, 3/23/16 Passed 108-0
Next: Return to the Senate
Committee: Local Government
Description:
SB 729 (S-1) (Schmidt) amends the County Boards of Commissioners Act to allow county board of commissioners to loan funds to a township within the county for road construction.

Third Grade Reading Requirement Revisions
HB 4822 (S-6) (Price) RC 132, 3/24/16 Passed 49-59
Next: Conference Committee
Committee: Education
Description:
HB 4822 (S-6) (Price) establishes a benchmark goal for all pupils in Michigan to be reading proficient at a 3rd grade level, with multiple interventions and supports to assist in obtaining this goal, and a last resort tool of retention subject to parental options to request the student advance, along with superintendent and teacher determination to advance the student. Appropriate remediation for the student to assist with their reading deficiency is required.

Expanding the Detroit City Financial Review Commission to Cover Detroit Public Schools
HB 5385 (S-3) (Poleski) RC 133, 3/24/16 Passed 95-13
Next: Presentation to the Governor
Committee: Appropriations
Description:
HB 5385 (Poleski) amends the Michigan Financial Review Commission Act adding qualified school districts under the oversight of a financial review commission.

Detroit Public Schools Supplemental
HB 5296 (Pscholka) RC 134, 3/24/16 Passed 104-4
Next: Presentation to the Governor
Committee: Appropriations
Description:
HB 5296 (Pscholka) The bill provides $48.7M in state restricted revenue for the Detroit Public Schools and includes related boilerplate.

Allowing the Renewal of Season Restricted Commercial Drivers Licenses
HB 4577 (S-1) (Lauwers) RC 135, 3/24/16 Passed 108-0
Next: Presentation to the Governor
Committee: Transportation & Infrastructure
Description:
HB 4577 (S-1) (Lauwers) allows the Secretary of State to renew a seasonal restricted commercial driver’s license (CDL) vehicle group designation one time per calendar year regardless of whether the seasonal restricted vehicle group designation has expired at the time of renewal.

Establishing the Designated Caregiver Act
SB 352 (H-1) (O'Brien) RC 136, 3/24/16 Passed 70-38
Next: Return to the Senate
Committee: Health Policy
Description: SB 352 (H-1) (O'Brien) This bill would create the Designated Caregiver Act, which would prescribe the duties of a designated caregiver, enable a hospital to assist in designating a caregiver, and require the hospital to attempt to issue the caregiver a discharge plan and train them on necessary after-care assistance to the extent possible.

Allowing Counties to Establish Tax Delinquent Funds
SB 582 (H-3) (Brandenburg) RC 137, 3/24/16 Passed 108-0
SB 583 (H-2) (Brandenburg) RC 138, 3/24/16 Passed 108-0
Next: Return to the Senate
Committee: Tax Policy
Description:
SB 582 (H-3) (Brandenburg) amends the General Property Tax Act to allow county treasurers to offer revenue notes secured solely by future delinquent tax revenues as an alternative to general obligation notes. The bills are recommended by the Wayne County Treasurer, who, given the county’s tenuous fiscal situation, may be able to borrow on more favorable terms to cover delinquent tax payments to local governments. SB 583 (H-2) (Brandenburg) amends the Revenue Bond Act to allow county treasurers to offer revenue notes secured solely by future delinquent tax revenues as an alternative to general obligation notes. The bills are recommended by the Wayne County Treasurer, who, given the county’s tenuous fiscal situation, may be able to borrow on more favorable terms to cover delinquent tax payments to local governments.

Amend Property Tax Exemption for Non-Profit Housing for Disabled or Elderly
SB 171 (H-1) (BIEDA) RC 139, 3/24/16 Passed 107-1
Next: Return to the Senate
Committee: Tax Policy
Description:
SB 171 (H-1) (BIEDA) modifies the process for awarding a property tax exemption for a nonprofit housing facility for elderly or disabled families and allow Treasury to grant an exemption, effective December 31, 2011, for property that would have qualified for it if an application was timely filed in 2011.

Extending the Sunset on the Maximum Allowed Tax on Tobacco Products
SB 476 (H-1) (Schmidt) RC 140, 3/24/16 Passed 90-18
Next: Return to the Senate
Committee: Appropriations
Description:
SB 476 (H-1) (Schmidt) The bill would amend the Tobacco Products Tax Act to extend the October 31, 2016 sunset date on a provision that limits the maximum tax on a cigar to 50 cents per cigar to October 31, 2021.

Requiring the Creation of Rules on Lightweight Construction Symbols
HB 5121 (Cox) RC 141, 3/24/16 Passed 108-0
Next: Sent to the Senate
Committee: Regulatory Reform
Description:
HB 5121 (Cox) requires the Director of the Department on Licensing and Regulatory Affairs (LARA) to promulgate rules related to posting signs or symbols on buildings constructed with lightweight construction.

Coercive Abortion Package
HB 4787 (H-1) (Price) RC 142, 3/24/16 Passed 65-43
HB 4830 (Jenkins) RC 143, 3/24/16 Passed 65-43
Next: Sent to the Senate
Committee: Criminal Justice
Description:
HB 4787 (H-1) (Price) would amend the Michigan Penal Code making it a criminal misdemeanor to coerce a woman to have an abortion against her will. HB 4830 (Jenkins) amends the Code of Criminal Procedure by adding “coercing female to have an abortion against her will” as a “Variable” Class felony.

Increasing the Ratio for Apprentice Electricians on a Job Site
HB 4813 (S-2) (Price) RC 144, 3/24/16 Passed 108-0
Next: Presentation to the Governor
Committee: Workforce and Talent Development
Description:
HB 4813 (S-2) (Price) This bill would amend the Electrical Administrative Act to increase the requirement that apprentices should be supervised on a 1 to 1 basis to a 1 to 3 basis

Creating the Human Trafficking Notification Act
HB 5107 (S-1) (Lyons) RC 145, 3/24/16 Passed 108-0
Next: Sent to the Senate
Committee: Criminal Justice
Description:
HB 5107 (S-1) (Heise) would create the “Human Trafficking Notification Act” to require the Michigan Department of Transportation (MDOT) and local units of governments to post notices at rest stops and welcome centers about access to help and services for victims of human trafficking. In addition, the bill would require certain adult entertainment businesses to post the same notices.

Amending Procedures for Vacancy of the Office of State Representative and State Senator
HB 5407 (Lyons) RC 146, 3/24/16 Passed 72-36
Next: Sent to the Senate
Committee: Elections
Description:
HB 5407 (Lyons) will amend the Michigan Election Law to mandate that any state representative or senator’s resignation or removal from office remains in effect for the duration of their unexpired legislative term.

Amending the Video Rental Privacy Act
SB 490 (H-2) (Schuitmaker) RC 147, 3/24/16 Passed 59-49
Next: Return to the Senate
Committee: Commerce & Trade
Description:
SB 490 (H-2) (Schuitmaker) The bill would amend the Video Rental Privacy Act to clarify that prohibitions do not apply to actions taken in the ordinary course of business.


Monday, March 21, 2016

The following is a summary of legislation that passed the House 3.14.16-3.18.16. Feel free to me with any questions or if you need additional information (517-373-0826).

Modernizing Statutory References to the Deaf, Deafblind, and Hard of Hearing Community
HB 5184 (Runestad) RC 98, 3/15/16 107-1
HB 5186 (BRINKS) RC 99, 3/15/16 Passed 107-1
HB 5187 (DARANY) RC 100, 3/15/16 Passed 107-1
HB 5188 (PHELPS) RC 101, 3/15/16 Passed 107-1
Next: Sent to the Senate
Committee: Health Policy
Description:
HB 5184 (Runestad) The bill amends section 5 of the 1937 Public Act 72 (Division of Deafness Act), and updates “deafness” to “deaf, deafblind, and hard of hearing.” HB 5186 (BRINKS). The bill amends section 1534 of the 1976 Public Act 451 (The Revised School Code), and updates the language regarding an individual who completes all the requirements for a teaching certificate from “hearing impaired” to “deaf, deafblind, and hard of hearing.” HB 5187 (DARANY) The bill amends section 34 of the 1899 Public Act 44, which requires a person or officer who receives any books distributed by the Secretary of State to retain those books for their successor. The bill eliminates a reference to “reports of county superintendents of the poor, of sheriffs, or of the insane, deaf, dumb, and blind.” HB 5188 (PHELPS) The bill amends section 4 of the 1937 Public Act 72 (Division of Deafness Act), and changes “deafness” and “hearing impaired” to “deaf, deafblind, and hard of hearing.” The bill also instructs the division to coordinate with state agencies, the legislature and the governor on requests for direct interpreter services.

Eliminate Adverse Possession of Municipal Land
HB 4747 (S-1) (Hughes) RC 102, 3/16/16 Passed 98-11
Next: Presentation to the Governor
Committee: Judiciary
Description:
HB 4747 (S-1) (Hughes) would correct a few recent Court of Appeals decisions that left municipal owned property vulnerable to adverse possession and similar claims of ownership asserted by private citizens.

Amending the Liquor Control Code to Allow Unpaid Social Media Advertising
HB 5257 (Kesto) RC 103, 3/16/16 Passed 103-6
Next: Sent to the Senate
Committee: Regulatory Reform
Description:
HB 5257 (Kesto) allows members of one tier of the three tier liquor control system to provide unpaid social media advertising that may benefit a member of another tier under certain circumstances.   

Allow for the Designation of a “Funeral Representation” to Make Disposition Arrangements for a Decedent
SB 551 (S-1) (Schuitmaker) RC 104, 3/16/16 Passed 109-0
Next: Return to the Senate
Committee: Judiciary
Description:
SB 551 (S-1) (Schuitmaker) would provide for the designation of a “funeral representative” to make disposition arrangements for a decedent. Under the bill, a funeral representative would be defined as “an individual designated to have the right and power to make decisions about funeral arrangements and the handling, disposition, or disinterment of a decedent’s body, including, but not limited to, decisions about cremation, and the right to possess cremated remains.” An individual who makes a funeral representative designation would be known as a declarant.
             
Allow for the Broadening of High School Equivalency Tests; Replacing the GED Test
SB 216 (H-1) (Robertson) RC 105, 3/16/16 Passed 108-1
Next: Return to the Senate
Committee: Education
Description:
SB 216 (H-1) (Robertson) amends the State School Aid Act expanding the options for Michiganders to obtain an alternative certification to a high school diploma from just the General Education Development (GED) test, which is a specific test, to a “High School Equivalency Test” which can be one of several tests approved by the Department.
                            
Creating the Solicitation of Deeds Act
SB 366 (H-4) (HERTEL) RC 106, 3/16/16 Passed 109-0
Next: Return to the Senate
Committee: Commerce and Trade
Description:
SB 366 (HERTEL) SB 366 would create the "Solicitation of Deeds Act" to require a person soliciting a fee for a copy of a deed or a free copy of a dee in connection with the solicitation for any other service or product to have the following, in large font, on any solicitation materials: (1) A statement that the solicitation was not from a public body (2) That no action is legally required by the person being solicited; (3) The statutory fee for obtaining a copy of the deed from the public body; (4) The contact information for the public body that had custody of the deed; and (5) The name and address of the person soliciting the fee. Additionally, no solicitation document may be in a form or use language that would give the appearance that is has been issued by a public body or that it imposes any legal duty on the person being solicited.

Creation of Statewide Recycling Database; Changing Reporting Requirements for Tracking Purposes
SB 507 (Green) RC 107, 3/16/16 Passed 99-10
Next: Returned to the Senate
Committee: Natural Resources
Description:
SB 507 (Green) would create Part 175 of the Natural Resources and Environmental Protection Act (NREPA) to establish definitions, exceptions, and reporting requirements to the Department of Environmental Quality so they can aggregate recycling information and post data online.

Creation of a Forest Road Inventory; Allow Use of Pack or Saddle Animals and ORV’s on State Owned Land, Roads, and Trails
HB 5275 (Cole) RC 108, 3/16/16 Passed 68-41
Next: Sent to the Senate
Committee: Natural Resources
Description:
HB 5275 (Cole) would amend NREPA allowing for the use of pack or saddle animals and ORV’s on 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.
             
Allowing New Use for Grant Money from the Strategic Water Quality Initiatives Fund
HB 5395 (Johnson) RC 109, 3/16/16 Passed 106-3
Next: Sent to the Senate
Committee: Natural Resources
Description:
HB 5395 (Johnson) amends part 52 (the Sewage and Waterworks Systems) of NREPA to expand the Storm water, Asset Management, and Wastewater (SAW) grant program to smaller communities.

Allowing Jury Duty Postponement for Physicians
HB 4869 (SCHOR) RC 110, 3/16/16 Passed 95-14
Next: Sent to the Senate
Committee: Judiciary
Description:
HB 4869 (SCHOR) would allow a physician to obtain a postponement of jury duty to a specified date agreed upon by the physician and the court if the physician has one or more patients with immediate, imminent, and life-threatening health issues.
             
Updating “Venereal Disease” to “Sexually Transmitted Infection” (STI) in Statute
SB 374 (HERTEL) RC 111, 3/16/16 Passed 102-7
SB 375 (MacGregor) RC 112, 3/16/16 Passed 102-7
SB 376 (KNEZEK) RC 113, 3/16/16 Passed 102-7
SB 377 (Schmidt) RC 114, 3/16/16 Passed 101-8
Next: Returned to the Senate
Committee: Health Policy
Description:
SB 374 (HERTEL) The bill amends the Public Health Code and replaces the term “Venereal Disease” with STI. STI is defined as, but not limited to, syphilis, gonorrhea, chancroid, lymphogranuloma venereum, granuloma inguinale, and other STIs that the department might designate. SB 375 (MacGregor) The bill amends the Public Health Code language that requires the DHHS to maintain a list of reportable diseases, infections and disabilities that designates and classifies communicable, chronic or non-communicable diseases, infections and disabilities. SB 376 (KNEZEK) The bill amends the Public Health Code language that requires a local health department to provide necessary care for a person it determines he or she has a serious communicable disease or infection, regardless of whether the person lives in the local health department’s jurisdiction. SB 377 (Schmidt) The bill amends the Public Health Code language that instructs county clerks not to issue a marriage license to an applicant who fails to sign that they have received educational materials regarding the transmission and prevention of both STI and HIV infection and has been advised of testing for both.

Updating “Venereal Disease” to “Sexually Transmitted Infection” (STI) in Statute (Cont.)
SB 378 (O'Brien) RC 115, 3/17/16 Passed 98-11
SB 379 (WARREN) RC 116, 3/17/16 Passed 101-8
SB 380 (Marleau) RC 117, 3/17/16 Passed 102-7
SB 381 (YOUNG) RC 118, 3/17/16 Passed 102-7
Next: Returned to the Senate
Committee: Health Policy
Description:
SB 378 (O'Brien) The bill amends the Public Health Code and designates the following actions as misdemeanors: The issuance of a marriage license by a county clerk to a person who fails to present a certificate that he has been informed about testing for HIV and STI. The disclosure that a marriage applicant has taken an STI test and/or the results of that test by any person. SB 379 (WARREN) The bill amends the Public Health Code language regarding testing pregnant women for STIs. The bill changes “venereal disease” to “sexually transmitted infection.” SB 380 (Marleau) The bill amends section 5127 of the Public Health Code which states that a minor may consent to medical or surgical care, treatment, or services by a hospital clinic, or physician if they have profess to be infected with a sexually transmitted infection or HIV. The bill changes “venereal disease” to “sexually transmitted infection.” SB 381 (YOUNG) The bill amends section 5129 of the Public Health Code which states that venereal disease testing, information, reporting, and counseling and treatment referrals for individuals arrested and charged with crimes related to prostitution, solicitation of a child for an immoral purpose, gross indecency, criminal sexual conduct, and illegal intravenous use of a controlled substance. The bill changes “venereal disease” to “sexually transmitted infection.”       

Revising Adoption Procedures
HB 4911 (H-1) (Crawford) RC 119, 3/17/16 Passed 102-7
Next: Sent to the Senate
Committee: Judiciary
Description:
HB 4911 (H-1) (Crawford) amends the Probate code to require courts to receive a mother’s affidavit or verified written declaration in lieu of live testimony as evidence of the identity and whereabouts of the child’s father. If the court determines the affidavit or verified written declaration is insufficient, the court must allow amendment of the affidavit or verified written declaration. HB 4911 also allows a court to waive the three month period a court waits after a formal placement prior to finalizing an adoption for a child less than one year old, when the petitioner makes a motion with the court and the court determines that waiving the three month period is in the best interests of the child.

Allow Rebate for Multiple Sclerosis Treatment Drug
SB 502 (S-3) (Marleau) RC 120, 3/17/16 Passed 109-0
Next: Return to the Senate
Committee: Health Policy
Description:
SB 502 (S-3) (Marleau) This bill would amend the Health Care False Claim Act to allow drug manufacturers to provide monetary assistance to consumers for the cost of medical services associated with a newly FDA-approved multiple sclerosis drug, and would allow manufacturers to provide said discounts to the consumer directly, the consumer's health professional, or a vendor that has a contract with the drug manufacturer.
             
Designating a Portion of US-2 in the City of Norway in Dickinson County as the “Kenneth J. Moraska Memorial Highway”
HB 5205 (McBroom) RC 121, 3/17/16 Passed 109-0
Next: Sent to the Senate
Committee: Transportation and Infrastructure
Description:
HB 5205 (McBroom) designates the portion of US-2 in the city of Norway in Dickinson County as the “Kenneth J. Moraska Memorial Highway.” As with all designations under the Memorial Highway Act, private contributions are required for the placement and maintenance of the signs marking the designation.
             
Expanding the Authority of the Detroit City Financial Review Commission to Oversee the Detroit Public School District
HB 5385 (H-1) (Poleski) RC 122, 3/17/16 Passed 66-43
Next: Sent to the Senate
Committee: Appropriations
Description:
HB 5385 (H-1) (Poleski) amends the Michigan Financial Review Commission Act adding qualified school districts under the oversight of a financial review commission.

Supplemental Appropriations for the Detroit Public Schools Emergency
HB 5296 (H-1) (Pscholka) RC 123, 3/17/16 Passed 104-5
Next: Sent to the Senate                                                
Committee: Appropriations
Description:
HB 5296 (Pscholka) The bill provides $48.7M in state restricted revenue for the Detroit Public Schools and includes related boilerplate. The bill also is tie-barred to HB 5385 (Poleski) which relates to financial review commissions and is part of the House Republican DPS package.
             
Amend the Liquor Control Code to Allow Secondary Location Permits
HB 4895 (H-1) (Nesbitt) RC 124, 3/17/16 Passed 68-41
Next: Sent to the Senate
Committee: Regulatory Reform
Description:
HB 4895 (H-1) (Nesbitt) would allow specially designated merchant (SDM) licensees to have a secondary location permit in certain circumstances.

Amending the Liquor Control Code to Modify the Methods for Providing Advertising Items to Retailers
SB 667 (S-2) (Stamas) RC 125, 3/17/16 Passed 105-4
Next: Return to the Senate
Committee: Regulatory Reform
Description:
SB 667 (S-2) (Stamas) modifies the methods for providing advertising items to retailers.


Friday, March 11, 2016

The following is a summary of legislation that passed the House 3.7.16-3.11.16. Feel free to contact me with any questions or if you need additional information (517-373-0826).

Amending Drain Code with Regards to Intercounty Drain Projects
HB 5278 (H-2) (Glardon) RC 92, 3/8/16 Passed 100-3
Next: Sent to the Senate
Committee: Local Government
Description:
HB 5278 (H-2) (Glardon) would amend the Drain Code to allow intercounty drain projects, in which funds have been spent and the improvements have not been completed after five years, to spread the sum expended against the property of the original petitioners that created the intercounty drain project.

Funding the Michigan Natural Resources Trust Fund (MNRTF) Capital Outlay Projects
HB 5377 (Bumstead) RC 93, 3/9/16 Passed 103-2
Next: Sent to the Senate
Committee: Appropriations
Description:
HB 5377 (Bumstead) is a FY15-16 appropriations bill that includes funding for the Michigan Natural Resources Trust Fund (MNRTF) capital outlay projects. The bill appropriates $27.9M Gross, all restricted funds.
             
Enable Secretary of State to Forward Enhanced Driver’s License Photos to the Michigan State Police for Concealed Pistol Licenses
HB 5250 (Canfield) RC 94, 3/9/16 Passed 98-7       
Next: Sent to the Senate
Committee: Transportation and Infrastructure
Description:
HB 5250 (Canfield) allows the Secretary of State to forward a person’s photo from an enhanced driver’s license or personal identification card to the Michigan State Police (MSP) to facilitate production of a concealed pistol license as provided in the State’s Handgun Licensing Law.

Modernizing Statutory References to the Deaf, Deafblind, and Hard of Hearing Community
HB 5182 (Howrylak) RC 95, 3/9/16 Passed 105-0
HB 5183 (Bizon) RC 96, 3/9/16 Passed 105-0
HB 5184 (Runestad) RC 97, 3/9/16 Passed 105-0
Next: Sent to the Senate
Committee: Health Policy
Description:
HB 5182 (Howrylak) The bill amends section 1 of the 1893 Public Act 116, which states that the State shall maintain the Michigan School for the Deaf, which is located in Flint.    
HB 5183 (Bizon) The bill amends section 3 of the 1937 Public Act 72 (Division on Deafness Act), and updates “deafness” to “deaf, deafblind, and hard of hearing.” HB 5184 (Runestad) The bill amends section 5 of the 1937 Public Act 72 (Division of Deafness Act), and updates “deafness” to “deaf, deafblind, and hard of hearing.”