Monday, March 27, 2017


The following is a summary of legislation that passed the House the week of March 13th. Should you have questions or need additional information, please contact me at 517-373-0826 or via email at andyschor@house.mi.gov.


Energy Conservation Financing for School Districts
HB 4080 (H-1) (Griffin) RC 33, 3/14/17, Passed 106-2 (DIANDA, ROBINSON)
Next: Sent to Senate
Committee: Senate Local Government Committee  
Description:
HB 4080 (H-1) (Griffin) amends the Revised School Code to allow for school districts and intermediate school districts to fund energy conservation improvements by lease-purchase agreements.

Paperless Vehicle Registration
HB 4013 (H-1) (Lucido) RC 34, 3/14/17, Passed 108-0
Next: Sent to Senate
Committee: Senate Insurance Committee
Description:
HB 4013 (H-1) (Lucido) would amend the Michigan Vehicle Code to allow a driver to show a paper or an electronic copy of vehicle registration.

FOIA/ LORA Package
HB 4149 (MOSS) RC 35, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4149 (MOSS) would amend Section 1 of FOIA. It takes out references to legislative agencies, boards, commissions, and councils (since they will be covered by the new Part 2), and removes the specific exclusion from the definition of "public body" for the governor and lieutenant governor.

HB 4148 (Chatfield) RC 36, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4148 (Chatfield) would amend Section 13 of FOIA to strike a provision that says a public record in the possession of the governor or lieutenant governor cannot be withheld if it had been transferred there from a public body subject to FOIA after a request for its disclosure.

HB 4150 (VanderWall) RC 37, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4150 (VanderWall) lays out the requirements for the legislature to follow when implementing LORA and requests for information. The bill mandates if a request is sufficiently described to enable the legislature to find the record, the legislature must:
·         Allow a person to inspect, copy, or receive copies of the requested public record of the body.
·         Allow a person to subscribe to future issuances of public records that are created, issued, or disseminated on a regular basis. A subscription shall be valid for up to 6 months.

HB 4151 (Allor) RC 38, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4151 (Allor) outlines all fees, costs, exemptions and good faith monetary deposits dealing with the Legislative Open Records Act.

HB 4152 (LaFave) RC 39, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4152 (LaFave) outlines response times for fulfilling, denying or extending information requests that fall under the Legislative Open Records Act (LORA).

HB 4153 (Hauck) RC 40, 3/16/17, 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4153 (Hauck) adds sections to the Freedom of Information Act to provide for the efficient administration of the Legislative Open Records Act. Section 56 would provide that the Legislative Council Administrator designate an individual as the LORA coordinator for all public bodies. Section 57 states the House of Representatives designate an individual as the LORA coordinator for the House of Representatives. Section 58 states the Senate designate an individual as the LORA coordinator for the Senate. A LORA coordinator may designate another individual to act on his or her behalf in accepting and processing requests for the public body's public records and in approving a denial.

HB 4154 (Iden) RC 41, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4154 (Iden) describes the denial appeals process under the Legislative Open Records Act (LORA).

HB 4155 (H-3) (Bellino) RC 42, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4155 (H-3) (Bellino) describes the exemptions from disclosure under the Legislative Open Records Act (LORA).

HB 4156 (LASINSKI) RC 43, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4156 (LASINSKI) amends the Freedom of Information Act to detail the process in which a Legislative Open Records Act (LORA) coordinator separates exempt and non-exempt records. The bill allows the Attorney General, upon request, to counsel and advise a public body on the administration of this part.

HB 4157 (GUERRA) RC 44, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4157 (GUERRA) amends the Legislative Council Act to allow the Council to receive and decide appeals of public records as provided Legislative Open Records Act.


Prohibit Laser Strikes at Aircraft
HB 4063 (Cox) RC 45, 3/16/17, Passed 107-1 (ROBINSON)
Next: Sent to Senate
Committee: Law and Justice
Description:
HB 4063 (Cox) would amend the “Michigan Penal Code” to create a new felony penalty for the intentional aiming of a beam of directed energy emitted from a directed energy device at or into the path of an aircraft. The penalty would be a five (5) year felony and/ or up to a $10,000 fine. The bill defines a “directed energy device” as any device that emits highly focused energy and is capable of transferring that energy to a target to damage or interfere with its operation. Such energy could include the following:
·         Electromagnetic radiation, including radio frequency, microwave, lasers, and masers.
·         Particles with mass, in particle-beam weapons and devices.
·         Sound, in sonic weapons and devices.

HB 4064 (Barrett) RC 46, 3/16/17, Passed 107-2 (ROBINSON, Howrylak)
Next: Sent to Senate
Committee: Law and Justice
Description
HB 4064 (Barrett) would amend the “Code of Criminal Procedure” to update the sentencing guidelines to reflect the new penalty proposed in House Bill 4063 (Cox). The offense, “aiming a beam of directed energy emitted from a directed energy device at or into path of an aircraft” would be a Class E Felony against Public Safety. The penalty would be up to five (5) years in prison.


Fingerprints –Children with Special Needs
HB 4137 (Frederick) RC 47, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Judiciary
Description:
HB 4137 (Frederick) amends the Child Identification and Protection Act to allow a parent or guardian of a child with special health care needs to submit a written request to a Michigan State Police (MSP) approved entity to take the fingerprints and photograph of the child or youth and add them to the automated fingerprint identification system (AFIS) database statewide network.


Prohibit Public Body From Suing FOIA Requestor
HB 4077 (Kesto) RC 48, 3/16/17, Passed 108-0
Next: Sent to Senate
Committee: Michigan Competitiveness
Description:
HB 4077 (Kesto) would prohibit a public body from commencing a civil action against a person who files a FOIA request. The bill would add a new section to the “Freedom of Information Act (FOIA),” [Public Act 442 of 1976].


Sergeant Joe Johnson Memorial Highway
SB 34 (ANANICH) RC 49, 3/16/17, Passed 108-0
Next: Returned to Senate 
Committee: Transportation
Description:
SB 34 (ANANICH) designates the portion of US-23 in Genesee County between Thompson Road and Bristol Road as the “Sergeant Joe Johnson 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.


The following is a summary of legislation that passed the House the week of March 20th. Should you have questions or need additional information, please contact me at 517-373-0826 or via email at andyschor@house.mi.gov.


FOIA Exemption for Submitted Bid Info
SB 69 (Jones) RC 50, 3/2/17, Passed 108-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
HB 69 (Jones) would exempt from disclosure under the Freedom of Information Act (FOIA) bid, quote, and proposal information for government contracts until the contract has been awarded.


Secretary of State Sharing of License/ ID Photos with Michigan State Police
HB 4203 (LaFave) RC 51, 3/21/17, Passed 108-0
Next: Senate Judiciary Committee  
Committee: Judiciary
Description:
HB 4203 (LaFave) would authorize the Secretary of State (SOS) to forward to the Michigan State Police (MSP) the digitized photograph taken for an individual’s state ID. The photo will be used on an individual’s concealed pistol license (CPL).

HB 4204 (Cole) RC 52, 3/21/17, Passed 108-0
Next: Senate Judiciary Committee
Committee: Judiciary
Description:
HB 4204 would authorize the Secretary of State (SOS) to forward to the Michigan State Police (MSP) the digitized photograph taken for an individual’s driver’s license. The photo will be used on an individual’s CPL.


Expand Diversion Program for Adult Human Trafficking Victims
HB 4219 (Kahle) RC 53, 3/22/17, Passed 108-0
Next: Senate Families, Seniors, and Human Services   
Committee: Law and Justice
Description:  
HB 4219 (Kahle) would expand eligibility for a diversion program that helps adult human trafficking victims avoid prosecution for prostitution offenses.


Allow Telehealth Providers to Prescribe Controlled Substances
SB 213 (MacGregor) RC 54, 3/22/17, Passed 104-4 (Barrett, Cole, Howrylak, Johnson)
Next: Ordered Enrolled   
Committee: Health Policy
Description:  
SB 213 (H-1) expands the Public Health Code to allow a health professional providing telehealth services to prescribe controlled substances.


Supplemental
HB 4329 (H-1) (Yaroch) RC 55, 3/22/17, Passed 101-7 (Garcia, Lilly, Roberts, Vanderwall, Johnson, McCready, Runestad)
Next: Senate Appropriations
Committee: Appropriations
Description:  
HB 4329 (H-1) House Bill 4329 (H-1) provides $104 million in supplemental appropriations for Fiscal Year 2017 for the Flint Drinking Water Emergency Declaration ($100 million in federal funds); Macomb County Sewer Line/Sinkhole Emergency Declaration ($3 million in state restricted funds); and Capitol Building infrastructure work ($1 million from the General Fund).


Truck length increase for Agricultural Drainage tubing
HB 4167 (Fredrick) RC 56, 3/23/17, Passed 97-11 (CHANG, GREIMEL, LIBERATI, SCHOR, FARIS, HOADLEY PAGAN, WITTENBERG, GEISS, LAGRAND, RABHI)
Next: Sent to Senate  
Committee: Agriculture and Rural Development
Description:  
HB 4167 (Fredrick) increases the maximum lengths for the following vehicle combinations designed and used to transport agricultural drainage tubing, from 65 feet to 75 feet.


Monday, March 13, 2017

The following is a summary of legislation that passed the House the week of March 6, 2017. Should you have questions or need additional information, please contact the my office at 517-303-8692 or AndySchor@house.mi.gov.


FOIA Exemption for Submitted Bid Info
SB 69 (Jones) RC 10, 3/8/17, Passed 107-0
Next: Returned to Senate  
Committee: Michigan Competitiveness
Description: SB 69 (Jones) would exempt from disclosure under the Freedom of Information Act (FOIA) bid, quote, and proposal information for government contracts until the contract has been awarded.

Define “Recidivism,” “Technical Parole Violation” and “Technical Probation Violation”
SB 5 (H-1) (Proos) RC 11, 3/8/17, Passed 107-0
SB 6 (H-2) (Schuitmaker) RC 12, 3/8/17, Passed 107-0
SB 7 (H-1) (Knollenberg) RC 13, 3/8/17, Passed 107-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 5 (H-1) (Proos), SB 6 (H-2) (Schuitmaker), and SB 7 (H-1) (Knollenberg) would amend the “Code of Criminal Procedure,” “Community Corrections Act,” “Corrections Code of 1953” to define “recidivism,” “technical parole violation,” and “technical probation violation.” “Recidivism” would mean the “rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual. The individual would be measured first after three years and again after five years from his or her release from incarceration, being placed on probation or conviction, whichever is later.”  “Technical parole violation” would mean a violation of the terms of a parolee’s parole order that is not a violation a law of Michigan, a local unit of government, another state’s law, federal law, or of tribal law. Similarly, the definition of “technical probation violation” would mean a violation of a probationer’s probation order that would not include violation of state, local, or federal/ tribal laws.

Require Evidence-Based Supervision Programs for Probationers and Parolees
SB 8 (H-3) (MacGregor) RC 14, 3/8/17, Passed 107-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 8 (H-3) (MacGregor) would require that all supervision programs for probationers or parolees that receive state funds be evidence-based within 4 years.

Allow Non-Profits to Provide Inmate Reentry Services
SB 9 (H-1) (Proos) RC 15, 3/8/17, Passed 73-34
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 9 (H-1) (Proos) would expand the pool of organizations that would be eligible to provide inmate reentry services within Michigan prisons.

Require MDOC Quarterly Reports on Inmates Beyond Earliest Release Date
SB 10 (H-1) (O’Brien) RC 16, 3/8/17, Passed 107-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 10 (H-1) (O’Brien) would require the Michigan Department of Corrections (MDOC) to submit a quarterly report to the Legislature on the number of inmates that have reached and are beyond their earliest possible parole date.

Provide for the Collection of Criminal Justice Data
SB 11 (H-2) (Colbeck) RC 17, 3/8/17, Passed 83-24
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 11 (H-2) (Colbeck) bill would create the "Criminal Justice Data Collection and Management Act." It would provide for the daily collection and reporting of data related to crimes, offenders, and recidivism.

Expedited Medical Commutation Hearings
SB 12 (S-1) (Jones) RC 18, 3/8/17, Passed 107-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 12 (S-1) (Jones) would establish procedures to provide for expedited commutation hearings process for inmates based on their medical condition.


Cap Amount of Incarceration Time for Technical Probation Violators
SB 13 (H-1) (Knollenberg) RC 19, 3/8/17, Passed 99-8
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description: SB 13 (H-1) (Knollenberg) would allow technical probation violators be incarcerated for not more than 30 days for each technical violation. The bill would allow the court to extend temporary incarceration to 90 days if it has ordered a violator to attend a treatment program for which there is a waiting list.

Authorize Courts to Grant “Good Time” Reductions in Probation Terms
SB 15 (H-1) (Brandenburg) RC 20, 3/8/17, Passed 100-7
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 15 (H-1) (Brandenburg) would allow a court to reduce a term of probation, under certain conditions due to a probationer’s good behavior.

Establish Parole Sanctions Certainty Program for Certain Parole Violators
SB 16 (H-1) (Proos) RC 21, 3/8/17, Passed 103-4
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 16 (H-1) (Proos) would institute the Parole Sanctions Certainty Program. It establishes a framework for the program that would allow parolees to participate in a graduated sanctions program aimed at improving parolee success. The program is similar to the existing Swift and Sure Sanctions Program for probationers.

Incent Parole and Probation Agents to Reduce Recidivism Rates
SB 17 (H-2) (Shirkey) RC 22, 3/8/17, Passed 63-44
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 17 (H-2) (Shirkey) would create the "Supervising Region Incentive Act to give parole and probation agents and supervisors incentives to keep individuals out of prison.

Require MDOC to Report Parole and Probation Absconders to DHHS
SB 18 (H-1) (Horn) RC 23, 3/8/17, Passed 103-4
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 18 (H-1) (Horn) would require the Department of Corrections to report parole and probation absconders to the Department of Health & Human Services.

Prohibit Absconders from Receiving Public Assistance
SB 19 (H-1) (Zorn) RC 24, 3/8/17, Passed 101-6
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 19 (H-1) (Zorn) would prohibit absconders (for which law enforcement is actively seeking due to a warrant) from receiving public assistance.

Allow MDOC to Use a High School Equivalency Certification Program
SB 20 (Robertson) RC 25, 3/8/17, Passed 104-3
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 20 (Robertson) would replace the term "general education development certificate (G.E.D.)" with "high school equivalency certificate” in the Corrections Code. The bill would allow MDOC to use a certification program other than the G.E.D.    

Make Minor Crime Victims Eligible for Crime Victims’ Rights Fund Assistance  
SB 21 (H-2) (WARREN) RC 26, 3/8/17, Passed 107-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 21 (H-2) (WARREN) would clarify that minor victims of crime are eligible for assistance from the Crime Victims’ Rights Fund.

Special Programming for Youthful Prison Inmates
SB 22 (H-1) (JOHNSON) RC 27, 3/8/17, Passed 107-0
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 22 (H-1) (JOHNSON) would require the MDOC to provide programming designed for youth rehabilitation for inmates who are ages 18-22. The bill would require MDOC to consult with the Family Divisions of the Circuit Courts in Michigan to seek recommendations regarding this programming. The bill would require the programming to include, but not be limited to, the following: (1) mentoring programs provided by individuals who do not have criminal records; and (2) career skills evaluation and career counseling.


Create Swift and Sure Probation Fund
SB 23 (H-1) (Proos) RC 28, 3/8/17, Passed 106-1
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 23 (H-1) (Proos) would make several updates to the Probation Swift & Sure Sanctions Act. It would create the Swift & Sure Probation Supervision Fund within the State Treasury. It would also allow Swift & Sure courts to accept participants from other jurisdictions, and set forth eligibility requirements for participants.

Allow Circuit Court to Implement Swift & Sure Sanction Program by Statute, Court Rule
SB 24 (Proos) RC 29, 3/8/17, Passed 106-1
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 24 (Proos) bill would allow a circuit court to implement a Swift & Sure sanctions court, by statute or court rule. It would allow these courts to accept participants from other jurisdictions, under certain circumstances. It amends the Revised Judicature Act to reflect the changes made by SB 23.

Implement County Jail Bed Savings Program
SB 50 (Booher) RC 30, 3/8/17, Passed 65-42
Next: Ordered Enrolled
Committee: Michigan Competitiveness
Description:
SB 50 (Booher) would re-establish a county jail bed program, which would allow the Department of Corrections to house certain eligible prisoners in county jails rather than in MDOC facilities. MDOC would reimburse counties $35 per prisoner, per day. Participation by counties is voluntary. It mirrors the Leased Beds/Virtual Prison program that existed for several years, but eliminated in 2016.

Funeral Representative:  Surviving Spouse
SB 39 (Jones) RC 31, 3/9/17, Passed 108-0
Next: Returned to Senate
Committee: Judiciary
Description:
SB 39 (Jones) amends MCL 700.2801 of the “Estates and Protected Individuals Code” so that an individual described above could be considered a surviving spouse for the purpose of making decisions about funeral arrangements or the final disposition of a deceased person under Section 3206.  The bill also deletes references to a "husband and wife" contained in Section 2801 and instead refers to a "married couple."
                                                                                                                     
Make Resignations and Removals from Legislature Effective For Duration of Term
HB 4208 (Miller) RC 32, 3/9/17, Passed 72-36
Next: Sent to Senate  
Committee: Elections and Ethics
Description:

HB 4208 (Miller) amends the Michigan Election Law, stating that the resignation or removal of an individual from the office of state senator or representative remains effective for the duration of the unexpired legislative term.