Friday, May 22, 2015

House of Representatives Week in Review: May 18th – May 22nd

Hello Friends,

Below is a list of the legislation that came before the House this week (May 18th through May 22nd).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have any questions or thoughts about any of the below bills.

Thank you!

Andy Schor
State Representative
68th District

Passed 5/18 – 5/22

Mobile homes; other; health and safety violations; provide for remedies and require posting of financial assurance
HB 4054 (S-1), 5/19/15, Passed 105-3 *Schor Legislation*
HB 4054 (H-3) provides greater departmental and local oversight of mobile home parks, as well as improved remedies for health and safety violations. The Senate S-1 makes a technical change that removes a conflict in how an applicant can obtain licensure for a mobile home park.
                 
Sunset Fee Extensions
HB 4568 5/19/15, Passed 103-6
HB 4569 5/19/15, Passed 105-4
House Bills 4568-4569 are two Fiscal Year (FY) 2015-2016 budget implementation bills for the Department of State and Michigan State Police. These bills amend the Natural Resources Environmental Protection Act and the Michigan Vehicle Code respectively, to extend sunsets on various fees through October 1, 2019, essentially adding another four-year sunset.

Senate Budget Bills
SB 115 (H-1) 5/19/15, Passed 98-11
SB 118 (H-1) 5/19/15, Passed 98-10
SB 119 (H-1) 5/19/15, Passed 98-10
SB 122 (H-1) 5/19/15, Passed 99-9
SB 124 (H-1) 5/19/15, Passed 100-8
SB 125 (H-1) 5/19/15, Passed 98-10
SB 128 (H-1) 5/19/15, Passed 99-9
SB 131 (H-1) 5/19/15, Passed 99-9
SB 132 (H-1) 5/19/15, Passed 96-12
SB 133 (H-1) 5/19/15, Passed 100-8
Senate Bills 115, 118, 119, 122, 124, 125, 128, 131, and are all Fiscal Year 2015-2016 budget bills for the following budgets: Department of Agriculture and Rural Development; Department of Community Health; Department of Corrections; General Government; Department of Human Services; Department of Insurance and Financial Services; Department of Military and Veterans Affairs; Michigan State Police; and Department of Transportation.

Create the Local Government Labor Regulatory Limitation Act
HB 4052 (H-3) 5/20/15, Passed 57-52
HB 4052 would create the Local Government Labor Regulatory Limitation Act (Act), which would apply to counties, cities, villages, townships, and other political subdivisions. The new substitute clarifies that the legislative intent for this Act is that regulation of the employment relationship between a non-public employer and its employees is a matter of state concern and is outside the express or implied authority of local governmental bodies to regulate absent express delegation of authority. The bill also specifically includes a definition for “Education Institution” and “Governmental Body,” so that the bill explicitly applies to a public school district or community college. It should be noted, that this Act, as applied to community colleges, is arguably unconstitutional.

Various statute updates to facilitate changes to the personal property tax (PPT) phase-out package that was approved by voters in 2014
HB 4553 5/20/15, Passed 109-1
HB 4554 5/20/15, Passed 109-1
HB 4555 5/20/15, Passed 109-1
HB 4556 5/20/15, Passed 109-1
HB 4557 5/20/15, Passed 109-1
HB 4558 5/20/15, Passed 106-4
House Bills 4553-4558 amend various statutes to facilitate changes to the personal property tax (PPT) phase-out package that was approved by voters in 2014. The changes make a number of clarifications related to the administrative procedures associated with the PPT phase-out and revenue reimbursement process and provide for audit procedures and due process requirements related to the Department of Treasury’s collection of the Essential Services Assessment created under the PPT phase-out package. The bills also provide for the additional capture of $300,000 per year of use tax revenue in fiscal years 2016-2019 to cover administrative costs of the Local Community Stabilization Authority, which administers the reimbursement of local governments

County Board of Commission Resolution Changes
HB 4212 5/20/15, Passed 70-40
HB 4215 5/20/15, Passed 70-40
House Bills 4212 and 4215 removes language requiring that county board of commissioners pass a resolution transfer the powers, duties and functions of county road commission to the county board of commissioners occur before January 1, 2015. The bills are tie-barred.

Sunset Fee Extension
SB 86 (S-1) 5/20/15, Passed 109-1
SB 86 Extends the sunset for municipalities to bond out any liability due to switching from a defined benefit to defined contribution plan.

Create a mechanism for the state to be able to join a reciprocal agreement state compact whose members are institutions of higher learning
SB 221 (S-2) 5/20/15, Passed 110-0
SB 221 (S-2) creates a mechanism for the state to be able to join a reciprocal agreement state compact whose members are institutions of higher learning. With the use of distance learning as a tool for colleges and universities increasing at a rapid rate, one of the issues that has arisen is the lack of standardization of requirements for schools to cross state lines to provide educational services. Use of compacts would allow for multiple states to have a single standard, easing the registration process and bureaucratic red tape colleges and universities must go through in order to be able to provide courses online.  Currently, Michigan has no requirements for out of state schools to meet before offering courses in the state.

Allow more municipalities to qualify for exclusions where public officers or public employees may hold dual position
HB 4070 (H-2) 5/20/15, Passed 101-9
HB 4070 (H-2) would allow more municipalities to qualify for exclusions where public officers or public employees may hold dual positions through January 1, 2022.

Caps the fee Co treasurers charge for electronic property records
HB 4075 (S-3) 5/21/15, Passed 105-4
House Bill 4075 amends PA 161 of 1895, which requires county treasurers to provide certain transcripts and records for a fee, to cap the fee charged for the provision of electronic copies. Under current law, county treasurers must provide copies of certain records on payment of specific fees. The bill would cap charges for electronic copies of records in a qualified data file at 25 cents per record, not to exceed $1,500.00 for each request. These copies could not be resold for commercial purposes.

Prohibits an on-premises licensee from selling an unlimited quantity of alcoholic liquor drinks at a specific price unless it is in connection with a private event
SB 271 (S-2) 5/21/15, Passed 103-6
Senate Bill 271 (S-2) amends the Liquor Control Code (Code) to prohibit an on-premises licensee from selling, offering for sale, or advertising the sale of an unlimited quantity of alcoholic liquor at a specific price unless it is in connection with a private event, the licensee has entered into a written agreement with the organizer of the event that outlines the date, time, location, and terms under which the alcohol will be sold, and the licensee makes the agreement available to the Commission and local law enforcement.
                 
Allow MDOT to do biennial bridge inspections instead of annually
HB 4455 5/21/15, Passed 95-14
House Bill 4455 changes the statutory requirement for the inspection of State-owned bridges by the Michigan Department of Transportation (MDOT) from requiring a “systematic plan of biennial inspection of all bridges…” to a federally compliant and risk-based inspection plan for all bridges…”

School Bond Qualification Approval and Loan Act Changes
HB 4496 5/21/15, Passed 108-1
HB 4497 5/21/15, Passed 108-1
HB 4496 & 4497 amend the School Bond Qualification Approval and Loan Act (SBQALA) by altering the definition of “computed millage” and remove the prohibition on refunding bonds extending beyond a current qualified bond’s final mandatory repayment date.

Establish & increase health care facility inspection fees
HB 4444 (H-1) 5/21/2015, Passed 57-52
House Bills 4444 and 4447 are Fiscal Year (FY) 2015-2016 budget implementation bills for the Licensing and Regulatory Affairs (LARA) budget and the Department of Community Health (DCH) budget. The bills amend the Mental Health Code and Public Health Code, respectively, to establish and increase various health care facility inspection fees, and eliminate others.

Increase air emissions fees and maintain air quality fees by extending the sunset
HB 4449 (H-1) 5/21/2015, Passed 106-3
House Bill 4449 (H-1) is a FY 2016 budget implementation bill for the Department of Environmental Quality (DEQ). The bill reauthorizes the air quality fee through October 1, 2019, enabling the state to collect the fees for four more years, restructures the fee schedule, and implements fee increases on various facilities.

Increase various fees associated with food establishments
HB 4470 (H-2) 5/21/2015, Passed 79-30
House Bill 4470 (H-2) is a Fiscal Year (FY) 2015-2016 budget implementation bill for the Department of Agriculture and Rural Development (MDARD) budget. The bill amends the Food Law to increase fees on various food facilities.

Increase and restructure various fees associated with pesticides and fertilizers
HB 4391 (H-2) 5/21/2015, Passed 61-48
House Bill 4449 (H-1) is a FY 2016 budget implementation bill for the Department of Environmental Quality (DEQ). The bill reauthorizes the air quality fee through October 1, 2019, enabling the state to collect the fees for four more years, restructures the fee schedule, and implements fee increases on various facilities.

Increase various fees associated with commercial feed
HB 4451 (H-1) 5/21/2015, Passed 59-50
House Bills 4391 (H-2) is a Fiscal Year (FY) 2015-2016 budget implementation bill for the Department of Agriculture and Rural Development (MDARD) budget. This bill amends the Natural Resources and Environmental Protection Act (NREPA) to increase and restructure various fees associated with pesticides and fertilizers (water quality protection fees).

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