In order to keep you and your neighbors better informed about the legislation we discuss, I am posting the agenda for any scheduled committee meetings at the beginning of the week and an update with any votes that were taken that week in committee or on the House floor. I hope you find this information helpful and please do not hesitate to contact me if I can be of further assistance.
Week of May 5, 2014: House Votes
For votes of the full legislature, I will include a summary of each bill with the sponsor, the vote totals and the next step in the legislative process for the bill. If you would like to read more information about a given bill you can head to www.legislature.mi.gov.
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 percent 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 percent of the 6 percent 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) (Kosowki), 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.
Week of May 5, 2014: Committee Meetings
Education
Agenda:
HB 5223 – (Rep. O’Brien) – Education; teachers; performance evaluation requirements for teachers; revise.
Reported from committee by a 9-3-3 vote
HB 5224 – (Rep. Zemke) – Education; employees; performance evaluation requirements for school administrators; revise.
Reported from committee by a 9-3-3 vote
Regulatory Reform
Agenda:
Testimony Only:
HB 5317 – (Rep. McCready) – Water; quality; testing lawn sprinkler backflow preventers; reduce frequency.
HB 5318 – (Rep. McCready) – Construction; plumbing; testing lawn sprinkler backflow preventers; reduce frequency.
HB 5426 – (Rep. Hovey-Wright) – Liquor; licenses; scope of farmer’s market permits; expand to include micro brewers.
HB 5427 – (Rep. Schor) – Liquor; licenses; scope of farmer’s market permits; expand to include micro brewers.
Energy and Technology
Agenda:
HB 5476 – (Rep. Stamas) – Public utilities; electric utilities; proceedings to modify cost allocation methods and rate design methods; provide for.
Reported from committee by a 21-0-1 vote
Transportation and Infrastructure
Agenda:
HB 4251 – (Rep. Cotter) – Counties; boards and commissions; requirement for competitive bidding by county road commissions on certain projects involving townships; provide for.
Reported from committee by a 12-2-1 vote
HB 4630 – (Rep. McCready) – Vehicles; registration; registration fees; modify.
Reported form committee by a 12-1-1 vote
HB 4925 – (Rep. Lane) – Transportation; other; public-private partnerships; allow the state transportation department to enter into.
Testimony Only
HB 5167 – (Rep. Schmidt) – Transportation; funds; contracts entered into by state transportation departments and local road agencies; change bidding requirements and allow state transportation department to borrow money from local road agencies.
Reported from committee by a 9-0-6 vote
HB 5452 – (Rep. McCready) – Traffic control; traffic regulation; permit fees charged by state transportation department for vehicles excluding vehicle weight or size limits; modify.
Reported from committee by an 11-1-2 vote
HB 5453 – (Rep. Kosowski) – Traffic control; traffic regulation; traffic fines for overweight and oversized vehicles; increase.
Reported from committee by a 12-1-1 vote
HB 5460 – (Rep. Lauwers) – Highways; construction and repair; replacement warranties on road repairs; modify, and extend warranty requirement to local road agencies. Reported from committee by a 13-0-2 vote
HB 5477 – (Rep. VerHeulen) – Transportation; motor fuel tax; motor fuel tax; modify.
Reported from committee by a 13-0-2 vote
HB 5493 – (Rep. VerHeulen) – Transportation; motor carrier fuel tax; flat tax rate; eliminate, and establish an 18-month limitation period for filing refund claims.
Reported from committee by a 13-1-1 vote
Health Policy
Agenda:
Testimony Only:
HB 5425 – (Rep. Schor) – Courts; jurisdiction; equitable jurisdiction of district court; extend to action by landlord against tenant concerning bedbug infestation.
HB 5199 – (Rep. Schor) – Housing; landlord and tenants; allocation of responsibilities; provide for with respect to prevention and management of bedbug infestation.
HB 5200 – (Rep. Callton) – Health; other; pest infestation; include as a reason the department or local health department may issue an order to correct, and assess costs for refusal to comply with order.
HB 5201 – (Rep. Darany) – Health; other; model policy regarding bedbug infestations; require department to create for use by local units of government and local health departments.
HB 5247 – (Rep. Nesbitt) – Health facilities; hospitals; lifeguard requirement; exempt certain hospital-owned health and wellness center pools.
Natural Resources
Agenda:
SB 869 – (Sen. Hansen) – Natural resources; fishing; bass season dates; revise.
Reported from committee by a 9-0 vote
HB 5361 – (Rep. Smiley) – Natural resources; hunting; small game hunting from a personal assistive mobility device; allow.
Testimony Only
Presentation: Operation Freedom Outdoors
Military and Veterans Affairs
Agenda:
HJR N – (Rep. Stamas) – Higher education; tuition; public universities to offer in-state tuition to certain veterans; require.
Reported from committee by a 12-0-0 vote
HJR M – (Rep. Knezek) – Higher education; community colleges; in-district tuition rates for active service and reserve members and honorably discharged veterans; provide for.
Reported from committee by a 12-0-0 vote
HB 5451 – (Rep. Rendon) – Military affairs; other; tuition assistance program for Michigan national guardsmen; create.
Reported from committee by a 12-0-0 vote
Tax Policy
Agenda:
HB 5459 – (Rep. Pettalia) – Sales tax; distribution; portion of sales tax revenue; earmark distribution and limit use to transportation purposes.
Reported from committee by an 11-0-2 vote
HB 5492 – (Rep. Poleski) – Use tax; distribution; 1% of use tax revenue; earmark to road funding.
Reported from committee by a 10-0-3 vote
SB 536 – (Sen. Proos) – Economic development; other; short-term abatement program; provide for.
Testimony Only
HB 5202 – (Rep. McCready) – Property tax; special assessments; certain special assessments placed on property; eliminate being placed as a lien on property.
Testimony Only
Oversight
Agenda:
Testimony Only:
HB 5081 – (Rep. McMillin) – Law enforcement; reports; reports of disposition of certain forfeited property; require, and provide a penalty for failing to report.
HB 5250 – (Rep. McMillin) – Criminal procedure; forfeiture; uniform forfeiture reporting act; enact.
HB 5251 – (Rep. Robinson) – Criminal procedure; forfeiture; reports of disposition of certain forfeited property; amend public health code to require, and provide a penalty for failing to report.
HB 5252 – (Rep. Callton) – Criminal procedure; forfeiture; seizure and forfeiture of property for abatement of nuisance to be reported to the department of state police under the uniform forfeiture reporting act; require.
Guest Speakers:
Craig DeRoche, President of Justice Fellowship and Former Speaker of the Michigan House of Representatives
Lee McGrath, Legislative Counsel, Institute for Justice
Dan Korobkin, Deputy Legal Director, ACLU of Michigan
Commerce
Agenda:
Testimony Only:
HB 5478 – (Rep. Graves) – Worker’s compensation; administration; private employer group self-insurers security fund; create.
HB 5479 – (Rep. Graves) – Worker’s compensation; administration; liability of various self-insurer funds; establish.
HB 5480 – (Rep. Graves) – Worker’s compensation; administration; trustee authorization of payments from the private employer group self-insurers security fund; provide for.
HB 5481 – (Rep. Graves) – Worker’s compensation; administration; reimbursement from second injury fund; provide for private employer group self-insurers security fund.
HB 5482 – (Rep. Graves) – Worker’s compensation; administration; reimbursement from the compensation supplement fund; provide for the private employer group self-insurers security find.
HB 5483 – (Rep. Santana) – Worker’s compensation; administration; authority to assess for insufficiencies in the private employer group self-insurers security fund; establish.
HB 5484 – (Rep. Santana) – Worker’s compensation; administration; attorney general representation of the private employer group self-insurers security fund; provide for.
HB 5485 – (Rep. Santana) – Worker’s compensation; administration; rights against insolvent employer; establish for private employer group self-insurers security fund.
HB 5486 – (Rep. Santana) – Worker’s compensation; administration; availability of certain records; provide for private employer group self-insurers security fund.
HB 5487 – (Rep. Phelps) – Worker’s compensation; administration; calculation of and increased assessment limits for certain claims; authorize and provide for audits and for sanctions for delinquent payments.
HB 5488 – (Rep. Kosowski) – Worker’s compensation; administration; reimbursement for delinquent carriers; restrict.
HB 5489 – (Rep. Jacobsen) – Worker’s compensation; administration; certain payments from the self-insurers’ security fund; authorize.
HB 5490 – (Rep. Foster) – Worker’s compensation; administration; rights of certain funds; establish as same as an employer or carrier.
Criminal Justice
Agenda:
Testimony Only:
SB 535 – (Sen. Proos) – Criminal procedure; other; methamphetamine offenders registry; create, and require offenders to obtain a prescription to purchase ephedrine or pseudoephedrine products for a period of 10 years.
SB 563 – (Sen. Proos) – Criminal procedure; sentencing guidelines; sentencing guidelines for crime of purchasing or possessing ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine; enact.
HB 5088 – (Rep. Kivela) – Law enforcement; other; reporting certain methamphetamine-related offenses to department of state police; require, and prohibit sale of ephedrine or pseudoephedrine to individual convicted of methamphetamine-related offense without a prescription.
HB 5089 – (Rep. Genetski) – Crimes; controlled substances; purchasing or attempting to purchase ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine; prohibit and provide a penalty.
HB 5090 – (Rep. Nesbitt) – Criminal procedure; sentencing guidelines; sentencing guidelines for crime of purchasing or attempting to purchase ephedrine or pseudoephedrine knowing that it will be combined with any other quantity of ephedrine or pseudoephedrine for the purpose of manufacturing or attempting to manufacture methamphetamine; enact.
HB 5363 – (Rep. Price) – Crimes; controlled substances; purchasing or possessing ephedrine or pseudoephedrine knowing or having reason to know it is intended to be used to manufacture methamphetamine; prohibit, and provide a penalty.
SB 597 – (Sen. Warren) – Health; occupations; training requirements for medical professionals regarding human trafficking; implement.
SB 593 – (Sen. Warren) – Children; foster care; consideration within foster care system for minors who may be victims of human trafficking; allow.
Families, Children and Seniors
Agenda:
Testimony Only:
HB 5508 – (Rep. Zorn) – Family law; child support; office of child support to develop an electronically accessible registry containing names of individuals with outstanding child support to intercept gambling winnings; establish.
HB 5509 – (Rep. MacGregor) – Gaming; casinos; distribution of casino winnings for child support arrearages; update to reflect payment to the state disbursement unit.
HB 5511 – (Rep. McCready) – Civil procedure; other; collection of court-ordered financial obligations from judgments against the state; allow.
HB 5512 – (Rep. Kurtz) – Human services; services or financial assistance; eligibility for family independence program assistance benefits; deny for certain noncompliance with child support provisions.
HB 5472 – (Rep. Rendon) – Family law; child support; alternative contempt track docket for certain individuals behind in child support; create.
Financial Services
Agenda:
Testimony Only:
SB 664 – (Sen. Kowall) – Consumer credit; debt management; debt management act; make general revisions.
Judiciary
Agenda:
HB 5082 – (Rep. Heise) – Family law; parenting time; parenting coordinator; create.
Reported from committee by a 10-0-0 vote
HB 5178 – (Rep. Pettalia) – Torts; premises liability; liability for recreational user; include aviation activities.
Reported from committee by a 6-3-1 vote
HB 5383 – (Rep. Lauwers) – Criminal procedure; evidence; expert witness testimony concerning chemical testing and custody of evidence by video communication; allow at preliminary examination and trial for certain prosecutions, and provide for release subject to conditions reasonably necessary for the protection of the public under certain circumstances.
HB 5385 – (Rep. Lauwers) – Crimes; intoxication or impairment; preliminary chemical testing for certain controlled substances; authorize, and provide for procedures and penalties for refusal.
Testimony Only
SB 714 – (Sen. Schuitmaker) – Civil procedure; alternate dispute resolution; uniform collaborative law act; enact. Reported from committee by a 10-0-0 vote
SB 49 – (Sen. Casperson) – Weapons; licensing; certain firearm licensing information; exempt from freedom of information act.
Reported from committee by a 7-3-0 vote
SB 834 – (Sen. Pavlov) – Weapons; licensing; firearm records; clarify exemption under the freedom of information act.
Reported from committee by a 7-2-1 vote
SB 881 – (Sen. Hansen) – Weapons; licensing; firearms records; clarify what records are exempt under the freedom of information act.
Reported from committee by a 7-1-2 vote
HB 5404 – (Rep. Crawford) – Health; emergency services; protocols that require emergency response vehicles to carry opioid antagonists and require emergency services personnel to be trained; require medical control authority to develop.
Testimony Only
HB 5405 – (Rep. Forlini) – Crimes; controlled substances; immunity from criminal prosecution or administrative sanction for prescribing, dispensing, possessing, or administering opioid antagonist; provide for.
Testimony Only
HB 5406 – (Rep. Forlini) – Torts; liability; administration of a drug in response to a drug overdose; provide protection from civil liability.
Testimony Only
HB 5407 – (Rep. Forlini) – Health; pharmaceuticals; opioid antagonist including naloxone hydrochloride; allow prescribers to prescribe and pharmacists to dispense under certain circumstances to friends or family of individuals who may suffer overdose, and require department to publish a report.
Testimony Only