House of Representatives Week in Review: May 6th - May 8th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week.  I hope you’ll feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative

68th District

Designating a portion of I-94 as “Trooper Rick Johnson Memorial Highway”

HB 4923 (Nesbitt), Passed: 110-0

Next: Sent to Senate for consideration

House Bill 4923 (H-2) designates the portion of I-94 in Van Buren County as the “Trooper Rick 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.

Designating a portion of US-91 as “Earl DeMarse Memorial Highway”

HB 5447 (KIVELA), Passed: 110-0

Next: Sent to Senate for consideration

The bill would amend the Michigan Memorial Highway Act to designate the portion of

highway US-41 beginning at the intersection US-41 and Highway M-28 in the city of

Harvey, extending north to the intersection of US-41 and Genesee Street in the city of

Marquette as the "Earl DeMarse Memorial Highway."

Inspection of properties from sheriff’s sales

HB 5277 (S-1) (Callton), Passed: 110-0

Next: To the Governor’s office

House Bill 5277 would amend Public Act 104 of 2013, which allowed the purchaser of a property at a sheriff's sale to periodically inspect the property during the redemption period and to sue for possession if the homeowner damaged the property, to provide for an unlimited amount of exterior inspections, an initial interior inspection and to allow the purchaser to request that the mortgagor provide information on or evidence of the condition of the interior of the property (which could take the place of subsequent interior inspections if certain conditions are met). The bill caps the number of information requests (unless certain conditions exist), requires information to be sent to the mortgagor, including the contact information of the purchaser, and includes notice requirements. The bill repeal certain provisions on the act and creates rebuttal presumptions as to when the mortgagor is and is not liable for damage. The Senate substitute (S-1) inserts the language “or any other method reasonably calculated to achieve actual notice” to the way a mortgagor may provide notice (this was at the request of UAW).

Require LARA to waive certain fees and registrations for veterans

SB 671 (H-1) (Moolenaar), Passed: 110-0

Next: Returned to Senate

The bill would amend the State License Fee Act to require the Department to waive the fee for an initial license or initial registration that was otherwise required under the Act, or an application processing fee charged for an initial license or initial registration, if the applicant has provided applicable paperwork proving that he/she served in the armed forces. The veteran is to have separated from the armed forces with an honorable character of service or under honorable conditions character of service. The H-1 included an effective date of 90 days after the law is enacted.

Require LARA and MSP to waive initial veterans’ licensing fees

SB 672 (H-1) (Green), Passed: 110-0

Next: Returned to Senate

The bill amends the Private Security Business and Security Alarm Act to require the Department of Licensing and Regulatory Affairs (Department) or the Michigan Department of State Police (MSP) to waive initial licensing fees for an applicant who was an honorably discharged military veteran. The H-1 includes an effective date of 90 days after the law is enacted.

Allowing a county treasurer to pay taxing unit by offsetting payment amount owed

SB 562 (H-4) (Schuitmaker), Passed: 110-0

Next: Returned to Senate

This bill allows a county treasurer to satisfy an obligation to pay a local taxing unit or the State from a county delinquent tax revolving fund by offsetting the payment with any amount owed to the fund by the local taxing unit or the State. In addition, the bill allows a county to set a lower interest rate than the 1% per month set in current law for the payment of delinquent taxes and interest from a local taxing unit to the county.

Reduce regulation of industrial waste, beneficial use byproducts, and other inert material

HB 5400 (H-2) (Schmidt), Passed: 68-42

Next: Sent to the Senate for consideration

Brief Description: House Bill 5400 (H-2) would amend sections 8504, 8505, 11502, 11503, 11504, 11505, 11506, 11542, 20101, 20114e & 20115 of the Natural Resources and Environmental Protection Act (NREPA) and & adds sections 3112e, 11551, 11551a, 11552, 11553 & 11554 to reduce regulation of solid and low hazard industrial waste, beneficial use byproducts and other inert material.

Exemption of liability for storing or using by-product or inert material

HB 5401 (McBroom), Passed: 66-44

Next: Sent to the Senate for consideration

House Bill 5401 would provide exemption from liability for a person who stores or uses or arranges for the storage or use of a beneficial use by-product or inert material in compliance with Part 115 of NREPA.

Utilize by-products and inert materials as limiting material

HB 5402 (Potvin), Passed: 66-44

Next: Senate to the Senate for consideration

House Bill 5402 is a bill to utilize beneficial use by-products and inert materials as accepted liming material for Beneficial Use 3 as those terms are defined in Section 11502 of NREPA.

Amend definition of “victim” for the purposes of making an impact statement

SB 628 (S-1) (Schuitmaker), Passed: 110-0

Next: Returned to Senate

Collectively, this package amends the definition of “victim” under the William Van Regenmorter Crime Victim’s Rights Act to include a parent of a minor victim for the purposes of making an impact statement only at sentencing, after the victim reaches the age of majority.

General Omnibus Budget

HB 5313 (Haveman), Passed: 92-17, 1 abstaining

Next: Sent to the Senate for consideration

Details appropriations in the General Omnibus budget for FY 2014-2015.

Construction Warranties for MDOT projects

HB 5460 (H-2) (Lauwers), Passed: 109-0

Next: Sent to the Senate for consideration

HB 5460 (H-2) provides stronger construction warranty requirements for MDOT projects and establishes warranty requirements for the first time for local road agency projects. The bill further establishes reporting requirements on MDOT and local road agencies for non-warrantied projects.

Requiring county road commissions to use competitive bidding

HB 4251 (Cotter), Passed: 92-17

Next: Sent to Senate for consideration

House Bill 4521 requires a county road commission to use competitive bidding for a road project in which a township contributes 50% or more of the cost of the project and requests the road commission to use competitive bidding.

Redirect gasoline sales tax revenue to state and local road programs

HB 5459 (H-2) (Pettalia), Passed: 91-18

Next: Sent to the Senate for consideration

House Bill 5459 (H-2) redirects the revenue from sales tax collections on gasoline sales currently apportioned to the General Fund to state and local road programs. It is estimated that this would redirect $130 million in fiscal year.

Earmark 1% of use tax for transportation funding

HB 5492 (Poleski), Passed: 91-18

Next: Sent to the Senate for consideration

The bill would amend Section 21 of the Use Tax Act to earmark 1% of the 6% use tax for transportation funding purposes. Revenue that otherwise would go to the General Fund would be redirected to the State Trunk Line Fund, county road commissions, and cities and villages using the distribution formula found in Public Act 51 of 1951.

Requiring MDOT and local road agencies to use competitive bidding

HB 5167 (H-2) (Schmidt), Passed: 108-1

Next: Sent to the Senate for consideration

House Bill 5167 (H-2) amends Public Act 51 to require local road agencies and MDOT to make greater use of competitive bidding for road construction projects and road maintenance services.

Increasing civil fines charged for vehicles violating axle weight limits

HB 5453 (H-3) (KOSOWSKI), Passed: 104-5

Next: Sent to the Senate for consideration

House Bill 5453 (H-3) doubles the civil fines that shall be charged for vehicles violating the Vehicle Code’s axle weight limits and establishes a maximum fine of $500 for violations of the Vehicle Code’s height and length limits. The bill also redirects the incremental increase in fine revenue from the increased fine rates to state and local road programs rather than to library programs. In addition, the bill requires, rather than allows, a court to impose a lesser fine for certain misload situations (i.e., the overall gross weight limit is not violated, but one or more axles of the vehicle exceed allowable axle weight limits due to improper distribution of the load). The bill also mandates a $500 per axle misload fine for misloads up to 8,000 pounds for any axle, whereas, under current law, misloads above 4,000 pounds for any axle would be subject to the normal overweight fine schedule.

Increasing special permit fees for overweight loads

HB 5452 (H-1) (McCready), Passed: 98-11

Next: Sent to the Senate for consideration

House Bill 5452 (H-1) increases the fees for special permits required for the transport of overweight loads on state trunk lines, the caps on overweight permit fees for local roads, and the permit fees for oversize vehicles traveling on state trunk lines.

Changing the method of taxation on diesel fuel

HB 5477 (H-1) (VerHeulen), Passed: 85-24

HB 5493 (VerHeulen), Passed: 84-25

Next: Sent to the Senate for consideration

HB 5477 (H-1) and HB 5493 amend the Motor Fuel Tax Act and the Motor Carrier Fuel Tax Act, respectively, to increase the tax on diesel fuel and change the method of taxation from a fixed cents-per-gallon tax on gasoline and diesel to an annually adjusted cents-per-gallon rate for each equivalent to 6 percent of the wholesale price of each. The rate for both fuels would be subject to a floor of 19 cents per gallon and a ceiling of 32.5 cents.

Amending Vehicle Code to redirect registration late fees, require registration tax payment

HB 4630 (H-6) (McCready), Passed: 90-19            

Next: Sent to the Senate for consideration

House Bill 4630 (H-6) amends the Vehicle Code to: redirect revenue from late payment fees on registration renewals from the General Fund to the Michigan Transportation Fund; require that a person immediately pay the difference in registration tax when transferring a plate to a higher-priced vehicle; specifies that vehicles weighing under 8,000 pounds (e.g., pickup trucks) do not qualify for discounted registration rates for special vehicle categories; and makes other minor changes to vehicle registration provisions.

FY 2014-2015 Education Omnibus Budget

HB 5314 (Rogers), Passed: 97-12

Next: Sent to the Senate for consideration

This bill includes appropriations for school aid, higher education, and community colleges.

Amending the definitions of vapor products and alternative nicotine products

HB 4997 (H-4) (Outman), Passed 94-15

Next: Sent to the Senate for consideration

House Bill 4997 (H-4) (Outman) amends the Youth Tobacco Act to include definitions of vapor products and alternative nicotine products. Senate Bill 667 (H-1)(ANDERSON) adds vapor products and alternative nicotine products to the list of items that are prohibited from minors under the Youth Tobacco Act. Senate Bill 668 (H-2) (Jones) prohibits the selling, giving, or furnishing of vapor products or alternative nicotine products to minors.

Amends requirements associated with building licensure

HB 4582 (Foster), Passed: 108-1

Next: Sent to the Senate for consideration

House Bill 4582 (Foster) amends requirements associated with individuals seeking licensure or relicensure as a residential building or a residential maintenance and alteration contractor.

Exempting certain individuals from the builder’s exam

HB 5284 (LANE), Passed: 108-1

Next: Sent to the Senate for consideration

House Bill 5284 (LANE) allows the Builders Board to exempt certain individuals from being required to take the builder’s exam.

Creates “Trespass Liability Act”

HB 5335 (H-1) (Jacobsen), Passed: 105-4

Next: Sent to the Senate for consideration

House Bill 5335 creates a new Act, called the “Trespass Liability Act” to codify the common law premise a property owner is not liable for physical harm to a trespasser caused by the property owner or possessor's failure to exercise reasonable care to make the property reasonably safe and not endanger the trespasser.

House of Representatives Week in Review: April 29th - May 1st

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week.  I hope you’ll feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative
68th District

HB 5216, Permitting Corrections to award a certificate of employability to a former offender

This bill permits the Department of Corrections to award a certificate of employability to a former offender in certain instances. It is part of a “Parolee Hiring Package” that includes HB 5217 and HB 5218.

HB 5217, Limiting the liability of an employer if the employee has a certificate of employability

This bill severely limits the liability of an employer if the employee has a certificate of employability. This bill is tie-bared to HB 5216 and is part of the greater Parolee Hiring Package with HBs 5216 and HB 5218.

HB 5218, Allowing LARA to consider a certificate of employability when making licensing decisions

HB 5218 applies to applications for licensing that require proof of good moral character. In such cases, if a judgment of guilt in a criminal prosecution is used as evidence in the determination of an individual’s good moral character, the licensing board or agency must also consider the individual’s certificate of employability. This bill is tie-barred to HBs 5216 and 5217.

HB 5220, Allowing a CPA firm to be licensed if majority of voting rights are held by CPAs

House Bill 5220 (H-1) will allow a certified public accounting firm to be licensed in the state if at least a simple majority of the equity and voting rights are held directly or beneficially by individuals licensed as certified public accountants (CPA) and in good and all attest and compilation services provided by the firm in Michigan are performed under the supervision of an individual who is licensed and in good standing as a CPA in Michigan, or another state or equivalent jurisdiction acceptable to the board.

HB 4341, Allowing DCH to designate medical schools to accept dead bodies donated to science

The bill would amend the Public Health Code to allow the Department to designate a medical school located in this state to accept dead bodies donated to science. A medical school that received a body or part of a body shall transfer the body or part to another medical school designated by the Department. The bill defines medical school as an accredited medical school located in this state that has mortuary sciences licensee on staff.

House of Representatives Week in Review: April 15th - April 17th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week.  I hope you’ll feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative
68th District

Allowing Mixing of Game

HB 5195 (H-2) (LaFontaine), Passed 106-3
House Bill 5195 (H-2) would allow mixing of game from more than one owner and not butchered by a licensed food establishment if the consumer is given a written advisory.

Allowing Use of Mortality Tables

HB 5192 (LaFontaine), Passed 106-1
House Bill 5192 would allow life insurance companies to use “preferred class structure mortality tables” to determine future-claim reserve levels, subject to specified limitations.

 

House of Representatives Week in Review: March 25th - March 27th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 25th through 27th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative

68th District

Creation of Tax Exemptions for Industrial and Commercial Personal Property

SB 821 (Brandenburg), Passed: 107-2

SB 822 (Hildenbrand), Passed: 104-5

SB 823 (Proos), Passed: 108-1

SB 824 (Pappageorge), Passed: 108-1

SB 825 (Robertson), Passed: 106-3

SB 826 (Jansen), Passed: 108-1

SB 827 (BIEDA), Passed: 109-0

SB 828 (ANANICH), Passed: 109-0

SB 829 (WARREN), Passed: 105-4

SB 830 (Nofs), Passed: 105-4

Next: Sent to Senate for reconsideration

SB’s 821-830 would amend, enact, and replace various statutes to revise legislation that was enacted in 2012 to create tax exemptions for eligible industrial and commercial personal property, and provide mechanisms to replace a portion of the revenue lost by local units of government. In particular, the bills would do the following: (1) Increase the share of local use tax to be levied versus state use tax, thereby increasing the revenue distributed to local units of government as reimbursement for personal property tax revenue lost due to the exemptions. (2) Replace a local essential services assessment on exempt property with a State assessment. As under current law, a question on the August 2014 ballot would have to be approved by the voters in order for some of the bills, or some of the new exemptions, to take effect.

Amendments to the Uniform Commercial Code

SB 547 (Booher), Passed: 109-0

SB 548 (Booher), Passed: 109-0
SB 549 (Booher), Passed: 109-0

Next: Sent to Governor for signature

SB’s 547 through 549 would make various amendments to Articles 3 and 4 of the Uniform Commercial Code (UCC).

Limiting the Amount a Debtor Can Recover When a Creditor Violates the UCC

SB 551 (Booher), Passed: 108-1

Next: Sent to Governor for signature

Senate Bill 551 amends MCL 440.9625 and MCL 440.9626 to limit the amount a debtor could recover when a secured creditor violates certain provisions of Article 9 of the UCC, which pertains to secured transactions. Secured transactions are transactions in which credit is granted and the creditor receives an interest in personal property (for example, a car, boat, RV) of the debtor (the collateral).

Waiver of Initial Application and License Fees for Military Veterans Applying for Dental Assistant Licensure

HB 5248 (Haines), Passed: 109-0

Next: Sent to Senate for consideration

HB 5248 amends the Public Health Code for the waiver of initial application and license fees for certain military veterans applying for dental assistant licensure.

Inclusion of an Individual Representing a Nonprofit Mutual Disability Insurer into which a Nonprofit Healthcare Corporation (BCBSM) has Merged

SB 820 (Hune), Passed: 107-2

Next: Sent to Governor for signature

SB 820 would amend the Public Health Code to include on the Certificate of Need Commission an individual representing a nonprofit mutual disability insurer into which a nonprofit health care corporation (BCBSM) has merged, as an alternative to a person representing a nonprofit health care corporation.

FY 2013-2014 Natural Resources Supplemental

SB 780 (Booher), Passed: 106-3

Next: Sent to Governor for signature

SB 780 is a FY 13-14 supplemental that includes funding for the Michigan Natural Resources Trust Fund (MNRTF) capital outlay projects. The bill appropriates $27,677,800 gross, all restricted funds.

FY 2013-2014 School Aid Supplemental

HB 4295 (Haveman), Passed: 105-4

Next: Sent to Senate for reconsideration

HB 4295 is a FY 13-14 school aid supplemental, predominantly making necessary cost adjustments associated with pupil counts, special education costs, and taxable value changes. However, the bill also makes grants for dissolved district transitions, provides for a contract for IT certification education, and increases at-risk funding and small class size grants.

Changing the Date of When an Election Must Take Place

HB 5152 (Lyons), Passed: 84-24

Next: Sent to Governor for signature

HB 5152 would amend the Michigan Election Law to change the date when an election must take place in order to fill a vacant local office. This bill is necessary because of a conflict created by a change made to the Michigan Election Law in 2012. House Bill 5152 would also amend the law to exempt a registered voter’s social security number from a Freedom of Information Act request.

Addition of a New Section to the Public Health Code

HB 4865 (MacGregor), Passed: 106-2

Next: Sent to Governor for signature
HB 4865 would add a new section to the Public Health Code to regulate and develop permit requirements for mobile dentistry in the State of Michigan.

Requirement that a Putative Father be registered with the Responsible Father Registry

HB 4648 (Kurtz), Passed: 97-11

Next: Sent to Governor for signature

HB 4648 would require that a putative father be registered in a timely manner with the Responsible Father Registry to be considered by the court to be granted custody of a child. If the court finds that a putative father's rights should not be terminated, then the bill would terminate a temporary placement and return the child to the mother for further proceedings under the Child Custody Act.

Allowing a Court to Enter an Order of Adoption Three Months Following a Formal Placement

HB 4647 (O'Brien), Passed: 105-3

Next: Sent to Governor for signature

HB 4647 would allow a court to enter an order of adoption three months following a formal placement for an adoptee that was under one year old at the time of the filing.

Release of Parental Rights or Consent for Adoption Purposes before an Adoption Attorney

HB 4646 (Shirkey), Passed: 98-10

Next: Sent to Governor for signature

HB 4646 would allow for a parent or guardian to release his/her parental rights or consent to a direct placement for purposes of adoption out-of-court before an adoption attorney or a child placing agency caseworker.

Technical Revisions to Elements of Arson

HB 4907 (Walsh), Passed: 107-1

HB 4908 (Walsh), Passed: 107-1

Next: Sent to Governor for signature

HB 4907 makes technical revisions to the elements of the crime of arson. HB 4908 is the sentencing guidelines companion bill.

Allowing Individuals to Use a Stamp or Mark for Signature of Election Documents

HB 4478 (Schor), Passed: 108-0

Next: Sent to Governor for signature

House Bill 4478 would allow individuals who cannot sign certain election documents because of a physical disability to use either a signature stamp or make a mark on the documents. The Michigan Election Law currently allows individuals who are unable to write their name to make a mark (X) when applying to register to vote and requires the registration card in such cases to note the month, day, and year of the applicant's birth and other identifying information for use in identifying the individual when applying to vote.

Designating a Portion of US-127 as the Tim Sanborn Memorial Highway

HB 4936 (Leonard), Passed: 108-0

Next: Sent to Senate for consideration

HB 4936 designates the portion of US-127 in Clinton County between Colony Road and M-57 as the Tim Sanborn Memorial Highway. As with all memorial bridges and highways under the Memorial Highway Act, signs designating the highway will not be placed until sufficient private funds have been raised for the installation and maintenance of the signs.

Designating the Bridge on US-2 as the Heath Michael Robinson Cut River Memorial Bridge

HB 4957 (Foster), Passed: 108-0

Next: Sent to Senate for consideration

HB 4957 designates the bridge on US-2 in Mackinac County over the Cut River as the “Heath Michael Robinson Cut River Memorial Bridge.” As with all memorial bridges and highways under the Memorial Highway Act, signs designating the highway or bridge will not be placed under sufficient private funds have been raised for the installation and maintenance of the signs.

Renaming “Michigan Heritage Routes” to the “Pure Michigan Byways”

HB 5072 (Pettalia), Passed: 105-3

Next: Sent to Senate for consideration

HB 5072 renames “Michigan Heritage Routes” to be “Pure Michigan Byways.” Under the bill, the Michigan Department of Transportation (MDOT) shall, within one year, designate as Pure Michigan Byways all routes that are designated as Michigan Heritage Routes on the date the bill is enacted into law.

Designating a Portion of US-10 as the Sheriff Robert Radden Memorial Highway

HB 4601 (Bumstead), Passed: 108-0

Next: Sent to Senate for consideration

HB 4601 designates a portion of US-10 in Lake County as the “Sheriff Robert Radden Memorial Highway.” As with all memorial bridges and highways under the Memorial Highway Act, signs designating the bridge or highway will not be placed until sufficient funds have been raised for the installation and maintenance of the signs.

Designating a Portion of M-116 as the Trooper Paul K. Butterfield Memorial Highway

HB 5257 (Franz), Passed: 108-0

Next: Sent to Senate for consideration

HB 5257 designates M-116 in Mason County as the “Trooper Paul K. Butterfield 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.

Designating a Portion of I-75 as the Tuskegee Airmen Memorial Highway

HB 5064 (RUTLEDGE), Passed: 108-0

Next: Sent to Senate for consideration
HB 5064 designates all of I-75 in the State of Michigan as the “Tuskegee Airmen Memorial Highway.” As with all designations under the Memorial Highway Act, private contributions are required for the placement and maintenance of signs marking the designation.

Extending the Statute of Limitations for Human Trafficking Offenses

HB 5240 (BANKS), Passed: 104-4

Next: Sent to Senate for consideration

HB 5240 extends the statute of limitations for human trafficking offenses.

Requiring Registration on the Sex Offender Registry for Individuals Convicted of Prostitution-Related Offenses

HB 5241 (KIVELA), Passed: 106-2

Next: Sent to Senate for consideration

HB 5241 would require registration on the Sex Offender Registry for individuals convicted of prostitution-related offenses.

Extension of Retroactive Use Tax Exemptions Related to Sale and Installation of Theater and Stadium Seating

SB 622 (Booher), Passed: 106-2

Next: Sent to Governor for signature

SB 622 extends an existing retroactive use tax exemption related to the sale and installation of theater and stadium seating and possible other items by Michigan manufacturers in other states back an additional tax year.

Elimination of the Requirement that a Land Contract Vendor Pay 18 Mills of School Operating Taxes on Foreclosed Property

HB 4135 (Foster), Passed: 85-23

Next: Sent to Senate for consideration

This bill eliminates the requirement that a land contract vendor, bank, credit union, or other lending institution that owns a property due to foreclosure pay an amount equal to the 18 mills of school operating taxes that would have been levied on the bank-owned property had it not retained a principal residence (homestead) exemption (PRE). This bill essentially treats a bank-owned property the same as a principal residence for tax purposes.

House of Representatives Week in Review: March 18th - March 20th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 18th through 20th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative

68th District

Changes to the Military Relief Fund

HB 4811 (Franz), Passed: 110-0

Next: Sent to Governor for signature

HB 4811 makes a number of changes to the Military Relief Fund that will increase access to the funds and further promote the availability of the funds.

Expanding the Grounds for Administrative Sanctions for Health Care Professionals

SB 575 (Schuitmaker), Passed: 110-0

SB 576 (Schuitmaker), Passed: 110-0

SB 577 (Schuitmaker), Passed: 109-1

SB 578 (Schuitmaker), Passed: 110-0

Next: Sent to Senate for reconsideration

SB 575 requires disciplinary subcommittee members to disclose potential conflicts of interest and recuse themselves from decision making when a conflict arises. SB 576 will create the Regulatory Boards and Commissions Ethics Act to establish conflict of interest standards and procedures for regulatory bodies in LARA. SB 577 adds areas that must be investigated by the disciplinary board if a licensed health care professional were to engage in certain activities. The bill also amends penalties and sanctions for violations. SB 578 outlines when a disciplinary subcommittee’s decision is final and subject to judicial review.

Revisions to Michigan’s Human Trafficking Statute

HB 5234 (Jenkins), Passed: 108-1

HB 5235 (HOVEY-WRIGHT), Passed: 108-1

Next: Sent to Senate for consideration
HBs 5234 and 5235 make various revisions and updates to Michigan’s Human Trafficking statute.

Amendment to a Statutory Reference to the Human Trafficking Chapter of the “Revised Judicature Act”

HB 5236 (McBroom), Passed: 110-0

Next: Sent to Senate for consideration

HB 5236 amends MCL 600.4701 of the “Revised Judicature Act” to amend a statutory reference to the Human Trafficking Chapter.

Amendment to a Reference to the Human Trafficking Law in the Crime Victim’s Rights Act

HB 5237 (CAVANAGH), Passed: 110-0

Next: Sent to Senate for consideration

HB 5237 amends a reference to the human trafficking law in the William Van Regenmorter Crime Victim’s Rights Act.

Requiring Individuals to Report Violations of the Human Trafficking Law

HB 5239 (Kurtz), Passed: 110-0

Next: Sent to Senate for consideration

HB 5239 would require individuals who are mandated by statute to report suspected child abuse or neglect to also report suspected violations of the human trafficking law.

Amending Regulations Concerning the Buying and Selling of Scrap Metal

HB 4593 (Muxlow), Passed: 98-12

Next: Sent to Conference Committee

HB 4593 amends regulations concerning the buying and selling of scrap metal, including amending the definition of scrap metal, requiring sellers to provide scrap metal dealers certain information at the time of purchases and the dealer to retain. The bill also requires that scrap metal dealers implement and maintain purchase records and make the records available for law enforcement purposes. The legislation also creates standards for how and when a scrap metal dealer may pay a seller, as well as a list of items a scrap metal dealer cannot purchase unless the seller has proper authorization. The bill also includes penalties for sellers and purchasers who buy or sell scrap metal that they know or should have known was stolen.

Increase in Judgeships in Macomb County

HB 5121 (Walsh), Passed: 104-6

Next: Sent to Governor for signature

HB 5121 increases the number of circuit judgeships in 16^th Judicial Circuit by four judges.

Increase in Judgeships in Oakland County

HB 5122 (Kesto), Passed: 103-7

Next: Sent to Governor for signature

HB 5122 increases the number of circuit court judgeships in Oakland County by one.

Change in Judgeships in Certain Circuit Courts

HB 5123 (Cotter), Passed: 61-49

Next: Sent to Governor for signature

HB 5123 increases the number of judgeships in the 17th circuit (Kent County) by one. It also eliminates one judge in the 5th circuit (Berrien County), 25^th District (Cities of Ecorse, Lincoln Park, and River Rouge). It also consolidates the 28^th District and the 33^rd District Courts.

Consolidation in Judgeships in Certain Judicial Circuit Courts

HB 5124 (Leonard), Passed: 61-48

Next: Sent to Governor for signature

HB 5124 consolidates four judges in the 3^rd Judicial Circuit (Wayne County).

Elimination and Consolidation of Judges in Certain District Courts

HB 5125 (Heise), Passed: 72-38

Next: Sent to Governor for signature

HB 5125 adds judges to the 63^rd District (Kent County) and consolidates/eliminates judges from the 67^th and 68^th District Courts (Genesee County) and eliminates one judge from the 70^th District (Saginaw County).

Expansion of Condemnation Authority for Pipelines Carrying CO2

HB 5255 (STALLWORTH), Passed: 67-43

Next: Sent to Senate for consideration

HB 5255 would expand condemnation authority for pipelines carrying CO2 for the purposes of enhanced oil recovery.

Addition of Carbon Dioxide and Enhanced Recovery Operation Terms

HB 5274 (Pettalia), Passed: 96-14

Next: Sent to Governor for signature

HB 5274 is a bill to add the carbon dioxide and enhanced recovery operation terms found in House Bill 5254 to the rest of 1929 PA 16.

Reduction of the Severance Tax on Oil and Gas from “Enhanced Recovery Methods”

HB 4885 (Nesbitt), Passed: 82-28

Next: Sent to Senate for consideration

HB 4885 is a bill to reduce the severance tax on oil and gas produced by “enhanced recovery methods.”

Revision of the Licensing and License Renewal Process for Real Estate Brokers

SB 641 (Kowall), Passed: 110-0

Next: Sent to Senate for reconsideration

SB 641 revises the licensing and license renewal process for real estate brokers, associate real estate brokers, and real estate salespersons.

Amending Licensing Requirements for Barbers

HB 5396 (LaFontaine), Passed: 103-7

Next: Sent to Senate for consideration

SB 612 will amend the licensing requirements for barbers, including barbers applying for license from out-of-state, out-of-jurisdiction, or from another country.

Addition of a New Section to the Mental Health Code

HB 5332 (Lori), Passed: 110-0

Next: Sent to Senate for consideration

HB 5332 adds a new section to the Mental Health Code by requiring that the Department of Community Health (Department) shall establish a uniform substance use disorder credentialing program for state departments or agencies.

Allowing Renegotiation of a Loan from the Clean Michigan Initiative Bond Fund

SB 719 (Booher), Passed: 103-7

Next: Sent to Senate for reconsideration

SB 719 is a bill to allow the terms of an outstanding loan from the Clean Michigan Initiative Bond Fund to be renegotiated upon a demonstration of financial hardship by the loan recipient.

Amendments to the Uniform Commercial Code

HB 5119 (VerHeulen), Passed: 110-0

Next: Sent to Senate for consideration

HB 5119 would make various amendments to Article 4a of the Uniform Commercial Code (UCC) to apply it to a remittance transfer and provide that if there were an inconsistency between the article and the Electronic Fund Transfer Act, supremacy clause would apply and the Act would govern.

Removal of References to “Mentally Retarded” In Legislation

SB 805 (WARREN), Passed: 110-0

SB 806 (Caswell), Passed: 110-0

SB 807 (ANANICH), Passed: 110-0

SB 808 (Jones), Passed: 110-0

SB 809 (Jansen), Passed: 110-0

SB 810 (JOHNSON), Passed: 110-0

SB 811 (Moolenar), Passed: 110-0

Next: Sent to Governor for signature

The bills remove references to “mentally retarded” and replace them with terms deemed more appropriate.

Expansion of the Education Achievement Authority

HB 4369 (Lyons), Passed: 56-54

Next: Sent to Senate for reconsideration

HB 4369 establishes the right for entities functioning as a State School Reform/Redesign District to borrow money and issue notes on a short term basis, only for school operations, and in limited amounts.

Implementing a Formula to Determine the Total Cost of a FOIA Request

HB 4001 (Shirkey), Passed: 102-8

Next: Sent to Senate for consideration

HB 4001 amends the Freedom of Information Act (FOIA) to implement a formula to determine the total cost of a FOIA request, put a cap on the cost of paper copies related to FOIA requests, expand the reduced rate for FOIA requests to certain nonprofit organizations, and allow an individual to appeal to the public body or the circuit court if he or she has a good-faith belief that the fee is unreasonable.

Proposal for a Balanced Budget Amendment to the U.S. Constitution

SJR V (Challenge of the Chair’s Decision), Passed: 59-51

SJR V (Appeal of the Chair’s Decision), Passed: 59-51

SJR V (Green), Passed: 77-32

Next: Sent to Senate for consideration

Senate Joint Resolution V (Green) urge Congress to call a convention for the purposes of proposing a balanced budget amendment to the United States Constitution.

Appointment of Delegates to an Article V Convention

HB 5380 (Franz), Passed: 62-47

Next: Sent to Senate for consideration

HB 5380 provides for the appointment of delegates to an Article V convention for proposing amendments to the United States Constitution.

House of Representatives Week in Review: March 11th - March 13th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 11th through 13th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative

68th District

Awarding High School Diplomas to Certain Vietnam Veterans

SB 389 (Emmons), Passed: 110-0

Next: Sent to Governor for signature
SB 389 would permit school boards to award high school diplomas to certain Vietnam era veterans.

Requirement of Community Service Options for FIP Recipients

SB 276 (Hune), Passed: 91-19
Next: Sent to Governor for signature

SB 276 adds community service to options, in which a Family Independence Program (FIP) recipient may have to participate in order to receive benefits.

Revising Procedures for Discontinuing Basic Local Exchange

SB 636 (Nofs), Passed: 71-39

Next: Sent to Governor for signature

SB 636 would amend the Michigan Telecommunications Act to revise the procedures for the discontinuance of basic local exchange or toll service (after December 31, 2016). The bill would also make changes to the dates in which the Michigan Intrastate Switched Toll Access Restructuring Mechanism (ARM) is recalculated. Furthermore, the bill would eliminate a requirement that operator and payphone service providers renew their registration annually and pay an annual renewal fee.

Setting Circumstances for Security Officers at Nuclear Generating Facilities

HB 5282 (Pscholka), Passed: 102-6

Next: Sent to Senate for consideration

HB 5282 sets forth the circumstances under which security officers at nuclear generating facilities could use and threaten to use physical force (including deadly force) against an individual. The bill also includes a civil immunity clause for security officers (and their employers and owners/operators of a facility) for acting lawfully under the bill.

Exemption of Over-the-Counter Drugs from Use Taxes

HB 5342 (Lyons), Passed: 107-1

Next: Sent to Senate for consideration

HB 5342 would exempt over-the-counter drugs issued pursuant to a prescription from use taxes.

Revisions to the Liquor Control Code

SB 329 (Hildenbrand), Passed: 103-5

SB 504 (Hune), Passed: 108-0

SB 505 (Hune), Passed: 103-5

SB 506 (Hune), Passed: 107-1

SB 507 (Hune), Passed: 107-1

SB 650 (Hune), Passed: 105-3

Next: Sent to Senate for reconsideration

Senate Bill 504 (H-1) (Hune) severs any provision of the Liquor Control Code (Code) that is found to be unconstitutional, without any effect on the remaining sections of the Code. Senate Bill 505 (H-6) (Hune) allows manufacturers, sellers, and distributors of alcohol to give another licensee advertising items that promote brands and prices of alcohol, under certain circumstances. Senate Bill 506 (H-2) (Hune) makes changes to who pays the per-barrel beer tax levied against the brewer. Senate Bill 507 (H-2) (Hune) would amend how the taxes are paid and levied against wine and mixed spirit drink manufacturers and wholesalers. Senate Bill 650 (H-1) (Hune) allows a qualified micro brewer, or an out-of-state entity that is substantially the equivalent, to sell and deliver beer to a retailer in Michigan if certain conditions are met. SB 329 adds wine maker, distiller, and brandy manufacturer to the provision regarding the acquisition, sale, development, operation, or promotion of real property under certain circumstances.

“Automatic Enrollment” Option for Public Employers’ Retirement Plans

HB 4964 (Walsh), Passed: 106-2

Next: Sent to Senate for consideration

HB 4964 creates an “automatic enrollment” option for public employers for retirement plans for their employees.

FY 2014-2015 Multi-Departmental Supplemental

SB 608 (Haveman), Passed: 106-2

Next: Sent to Governor for signature

Senate Bill 608 (CR-1) (Kahn) is a multi-department supplemental that predominantly makes necessary changes associated with the delay in implementation of Healthy Michigan (Medicaid Expansion) and provides funding for necessary road projects, among other changes. The Conference Report represents a compromise between the two Chambers.

Increase of Barrel Threshold for Microbrewers

HB 4709 (Cotter), Passed: 106-3

HB 4710 (MacGregor), Passed: 106-3

HB 4711 (SCHOR), Passed: 106-3

Next: Sent to Governor for signature

HB 4709 (Cotter) increases the barrel threshold a micro brewer can produce from 30,000 to 60,000 barrels per year. HB 4710 (MacGregor) increases the number of other brewpubs a single brewpub can have an interest in. HB 4710 also increases the number of barrels that can be produced by the combined brewpubs from 5,000 to 18,000 barrels of beer per year. HB 4711 (Schor) allows brewers to sell beer for on-premises consumption at up to two locations where the brewer engages in the production of beer.

Mandate that Disclosure of Firearm Records Be Made According to a Statutorily Prescribed Protocol

HB 4155 (Nesbitt), Passed: 81-28

Next: Sent to Senate for consideration

HB 4155 amends Michigan’s gun licensure law to mandate that access to and disclosure of firearm records only be made according to a statutorily prescribed protocol.

Exemption of Gun Records from FOIA

HB 5324 (Jenkins), Passed: 88-21

HB 5325 (Crawford), Passed: 89-20

HB 5326 (McBroom), Passed: 87-22

HB 5327 (Rendon), Passed: 82-27

HB 5328 (Cotter), Passed: 89-20

Collectively, these bills amend several sections of Michigan’s gun licensure law to exempt certain information from disclosure under the Freedom of Information Act (FOIA). HB 5327 limits law enforcement’s access to firearms records.

Revision of the Prohibition on Shotguns and Rifles

SB 610 (GREEN), Passed: 103-6

Next: Sent to Senate for reconsideration

SB 610 revises the general prohibition on manufacturing, selling, offering for sale, or possessing short-barreled shotguns or short-barreled rifles.

Definition of “Brandish” in Michigan Penal Code

HB 5091 (Johnson), Passed: 104-5

HB 5092 (DILLON), Passed: 105-4

Next: Sent to Senate for consideration

HB 5092 defines “brandish” in the Michigan Penal Code. HB 5091 exempts from criminal penalties an individual.

Revision of Restriction that Requires Minors Who Shoot a Pistol Be Under supervision of an Adult

HB 5085 (Potvin), Passed: 107-2

Next: Sent to Senate for consideration

HB 5085 would revise the restriction that requires minors shooting a pistol to do so only under the supervision of a parent or guardian, so as to allow this supervision to be provided by an adult age 21 or older who has successfully completed a pistol safety training course that meets the requirements of the state’s concealed pistol law.

House of Representatives Week in Review: March 4th - 6th

Hello Friends,

Below please find an update on legislation passed by the House of Representatives this week (March 4th through 6th).  Please feel free to contact me (517.373.0826; andyschor@house.mi.gov) if you have questions or thoughts about any of the below bills. 

Thank you! 

Andy Schor

State Representative

68th District

Allowing Municipalities to Enter into Agreements with the Treasurer of a County for Tax Collection Purposes

HB 5160 (Price), Passed: 109-0

Next: Sent to Senate for consideration
HB 5160 specifically allows a city, village, or township to enter into agreements with the treasurer of a county in which it is located to have the county treasurer administer some or all of the municipality’s tax collection functions.

FY 2013-2014 Supplemental for Healthy Michigan

SB 608 (Kahn), Passed: 65-44

Next: Sent to Senate for reconsideration

SB 608 is a multi-department supplemental that predominantly makes necessary changes associated with the delay in implementation of Healthy Michigan (Medicaid Expansion) and provides funding for necessary road projects, among other changes. The supplemental reduces gross appropriations by a total of $130,178,100, and increases GF/GP funding by $193,401,500.

Clarification of the Creation of Separate Legal Entities May be Created by Interlocal Agreements

SB 437 (Nofs), Passed: 108-2

Next: Sent to Governor for signature

SB 437 clarifies under what circumstances separate legal entities may be created by interlocal agreements. The separate legal entity may be created only if the interlocal agreement expressly provides for its creation. The bill also deletes references to an “administrative” entity throughout.

Removal of References to “Mentally Retarded” from State Laws

HB 5345 (Lori), Passed: 110-0

HB 5346 (CAVANAGH), Passed: 110-0

HB 5347 (Haines), Passed: 110-0

HB 5348 (Leonard), Passed: 110-0

HB 5349 (Cotter), Passed: 110-0

HB 5350 (COCHRAN), Passed: 110-0

HB 5351 (KNEZEK), Passed: 110-0

HB 5352 (Somerville), Passed: 110-0

Next: Sent to Senate for consideration

The bills remove references to “mentally retarted” and replace the term with “developmentally disabled” or “intellectually disabled”.

Requiring the Development of a Uniform Medical Release Form

HB 5136 (Lori), Passed: 110-0

Next: Sent to Senate for consideration

HB 5136 amends the Mental Health Code to require the Department of Community Health to develop a uniform medical release form.

Fiscal Year 2013-2014 School Aid Supplemental

HB 4295 (Haveman), Passed: 107-3

Next: Sent to Senate for consideration

HB 4295 is a FY 13-14 school aid supplemental, predominantly making necessary cost adjustments associated with pupil counts, special education costs, and taxable value changes. However, the bill also makes grants for dissolved district transitions as well as provides for a contract for health and nutrition education software. The gross appropriations is a $46,612,500 reduction from current year-to-date appropriations.

Extension of Sales and Use Tax Exemptions for the Cobo Center in Detroit

SB 711 (Marleau), Passed: 100-10

SB 735 (Marleau), Passed: 100-10

Next: Sent to Governor for signature

SBs 711 and 735 extend, respectively, sales and use tax exemptions related to tangible personal property used in the construction or renovation of the Cobo Center in Detroit. Under current law, these exemptions expired on December 31, 2013. The bills extend the sunset for these exemptions to December 31, 2015.

Allowing a Purchaser of a Property at a Sheriff’s Sale to Periodically Inspect the Property during the Redemption Period

HB 5277 (Callton), Passed: 107-3

Next: Sent to Senate for consideration

House Bill 5277 would amend Public Act 104 of 2013, which allowed the purchaser of a property at a sheriff's sale to periodically inspect the property during the redemption period and to sue for possession if the homeowner damaged the property, to provide for an unlimited amount of exterior inspections, an initial interior inspection and to allow the purchaser to request that the mortgagor provide information on or evidence of the condition of the interior of the property (which could take the place of subsequent interior inspections if certain conditions are met). The bill caps the number of information requests (unless certain conditions exist), requires information to be sent to the mortgagor, including the contact information of the purchaser, and includes notice requirements. The bill repeal certain provisions on the act and creates rebuttal presumptions as to when the mortgagor is and is not liable for damage.