Capitol Recap for the Week of May 12, 2014

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 12, 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.

Revise preliminary examination procedure in criminal cases, “probable cause conference”

HB 5154(S-1) (Leonard), Passed: 110-0

HB 5155 (Walsh), RC 222, 5/13/14, Passed: 110-0

Next: Sent to the governor

Together, the bills would revise the procedure for preliminary examinations in criminal cases and establish in statute a “probable cause conference,” which is already in practice in many jurisdictions throughout Michigan.

Add in-laws to family members no subject to tax when transferring a vehicle

HB 5261 (Cotter), Passed: 110-0

Next: Sent to the Senate for consideration

House Bill 5261 would amend the Use Tax Act to add in-laws to the list of family members who are not subject to the use tax when transferring a vehicle, effective January 1, 2014. Relationships to be included for the exemption under the bill are: father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, and grandparent-in-law.

Requiring Public Service Commission to examine cost allocation methods and rate designs

HB 5476(H-4) (Stamas), Passed: 104-6

Next: Sent to the Senate for consideration

House Bill 5476 would require the Michigan Public Service Commission (PSC) to commence a proceeding for certain electric utilities to examine cost allocation methods and rate design methods used to set rates. These utilities would file proposals to modify existing methods and the details of the proposal requirements and relevant timeframes are set forth in the bill. The purpose of the bill is to modify rates to better reflect the cost of service as contained in current law (which would likely lower rates for energy intensive industrial customers).

Amending the definition of “victim”

SB 749 (Schuitmaker), Passed: 110-0

Next: Returned to Senate

Senate Bill 749 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.

Allow temporary liquor licenses for university on-campus outdoor stadiums

SB 862 (Schuitmaker), Passed: 105-5

Next: Returned to Senate

Senate Bill 862 (Schuitmaker) allows a university with an on-campus outdoor stadium to be issued a temporary liquor license by the Liquor Control Commission (LCC) in conjunction with a professional international soccer match.

Revise provisions regarding library governing boards

SB 546 (Robertson), Passed: 110-0

Next: Returned to Senate

Senate Bill 546 would amend Public Act 164 of 1877, which governs city, village, and township libraries, to revise provisions regarding library governing boards.

Appoint Doug A. Ringler as Auditor General

HCR 28 (Bolger), Passed: 108-0

Next: Sent to the Senate for consideration

A concurrent resolution to appoint Doug A. Ringler, C.P.A., C.I.A., as Auditor General.

Changes regarding employment of certain nursing home medical professionals

HB 5376 (Haines), Passed: 109-0

HB 5377 (Haines), Passed: 109-0

Next: Sent to the Senate for consideration

These bills amend the Public Health Code to make changes regarding employment or contracts of certain health professionals in the nursing home setting.

Implementing a dining assistance program in nursing homes

HB 5389 (CLEMENTE), Passed: 93-16

Next: Sent to the Senate for consideration

The bill would amend the Public Health Code to implement a dining assistance program in nursing homes.

Tuition assistance to National Guard members

HB 5451 (Rendon), Passed: 109-0

Next: Sent to the Senate for consideration

The bill would create a new Act known as the “Michigan National Guard Tuition Assistance Act” to provide tuition assistance to members of the Michigan National Guard.

In-district community college tuition rates for veterans and active members of the armed forces

HJR M (KNEZEK), Passed: 108-1

Next: Sent to the Senate for consideration

House Joint Resolution M would amend the State Constitution to require state community college or junior college boards to consider veterans of the armed forces as in district residents when determining tuition rates.

In-state university tuition rates for veterans and active members of the armed forces

HJR N (Stamas), Passed: 108-1

Next: Sent to the Senate for consideration

House Joint Resolution N would amend the State Constitution to require University Boards to consider veterans of the armed forces as residents of the state of Michigan when determining tuition rates.

Opportunity for counties to act as their own FGUs

SB 574 (S-2) (Jones), Passed: 109-0

Next: Returned to the Senate

This bill provides counties that elected to designate the state as the foreclosing governmental unit (FGU) for that county the opportunity to rescind the resolution and begin acting as its own FGU.

Amend licensing requirements for barbers

SB 612 (HOPGOOD), Passed: 106-3

Next: Returned to Senate

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

Changes regarding employment of certain nursing home medical professionals

HB 5375 (H-1) (Haines), Passed: 109-0

Next: Sent to the Senate for consideration

The bill amends the Public Health Code to make changes regarding employment or contracts of certain health professionals in the nursing home setting.

Appropriations placeholder: Department of Agriculture

SB 760 (S-1) (Green), Passed: 109-0

Next: Returned to Senate

Appropriations placeholder: Community Colleges

SB 762 (S-1) (Booher), Passed: 109-0

Next: Returned to Senate

Appropriations placeholder: Department of Community Health

SB 763 (S-1) (Moolenaar), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Department of Corrections

SB 764 (S-1) (Proos), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Department of Education

SB 765 (S-1) (Walker), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Department of Environmental Quality

SB 766 (S-1) (Green), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: General Government

SB 767 (S-1) (Pappageorge), Passed: 108-1

Next: Returned to the Senate

Appropriations placeholder: Department of Higher Education

SB 768 (S-1) (Schuitmaker), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: DHS

SB 769 (S-1) (Caswell), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Insurance and Financial Services

SB 770 (S-1) (Jansen), Passed: 109-0

Next: Returned to the Senate

Appropriations placeholder: Judiciary

SB 771 (S-1) (Proos), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: LARA

SB 772 (S-1) (Jansen), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Veterans’ Affairs

SB 773 (S-1) (Colbeck), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Department of Natural Resources

SB 774 (S-1) (Green), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Department of School Aid

SB 775 (S-1) (Walker), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: State Police

SB 776 (S-1) (Colbeck), Passed: 108-0

Next: Returned to the Senate

Appropriations placeholder: Department of Transportation

SB 777 (S-1) (Pappageorge), Passed: 108-0

Next: Returned to the Senate

Provisions for teacher evaluations

HB 5223 (H-4) (O’Brien), Passed: 95-14

Next: Sent to the Senate for consideration

HB 5223 (H-4) (O’Brien) is the teacher evaluation bill in the teacher/administrator evaluation package. The bill was developed through a work group process involving many stake holders, including: MEA, AFT, MASSP, MASA, MAISA, GLEP, MAPSA, MDE, Ed Trust-Midwest, and Students First. The basis of the bills continues to be the Michigan Council on Educator Effectiveness (MCEE) report delivered at the end of the summer/beginning of fall 2013.

Provisions for administrator evaluations

HB 5224 (H-4) (ZEMKE), Passed: 96-13

Next: Sent to the Senate for consideration

HB 5224 (H-4) (ZEMKE) is the administrator evaluation bill in the teacher/administrator evaluation package. The bill was developed through a work group process involving many stake holders, including: MEA, AFT, MASSP, MASA, MAISA, GLEP, MAPSA, MDE, Ed Trust-Midwest, and Students First. The basis of the bills continues to be the Michigan Council on Educator Effectiveness (MCEE) report delivered at the end of the summer/beginning of fall 2013.

Omnibus budget: zero budget

HB 5313 (Haveman), Failed: 0-109

Next: To conference committees

Education omnibus budget: zero budget

HB 5314 (Rogers), Failed: 0-109

Next: To conference committees

Revise licensing requirements for barbers

HB 5396 (S-1)(LaFontaine), Passed: 102-7

Next: Sent to the governor’s office

House Bill 5396 decreases the number of hours a barber college must provide classroom study and practical barber training, while still being qualified for licensure in Michigan. The Senate S-1 substitute tie-bars HB 5396 to SB 612 (Hopgood).

Eliminates prescribed open season for black bass

SB 869 (Hansen), Passed: 108-0

Next: Returned to the Senate

Senate Bill 869 (Hansen) amends the Sport Fishing section of the Natural Resources and Environmental Protection Act to eliminate the prescribed open season for black bass. This will allow the Natural Resources Commission the exclusive authority to regulate fishing, by issuing orders.

Week of May 12, 2014: Committee Meetings

Energy and Technology

Agenda:

Testimony Only:

HB 5555 – (Rep. Nesbitt) – Public utilities; natural gas utilities; infrastructure expansion investment costs for certain underserved or unserved areas; allow natural gas utilities to recover.

HB 5556 – (Rep. Townsend) – Natural resources; gas and oil; administrative fines for certain pipeline violations; modify.

HB 5557 – (Rep. Nesbitt) – Public utilities; public service commission; assessment of certain fines or penalties; prohibit.

Detroit’s Recovery and Michigan’s Future

Agenda:

Testimony Only:

HB 5566 – (Rep. Walsh) – State financing and management; authorities; oversight commission act; create.

HB 5567 – (Rep. Kivela) – Cities; home rule; chief financial officer for a city with a population of more than 600,000; require, and require 4-year financial plan.

HB 5568 – (Rep. Haines) – Cities; home rule; base pay to calculate pension benefit in a defined benefit plan established by a city with a population of more than 600,000; provide for, and provide a defined contribution plan and elimination of retiree health benefits for new hires after December 31, 2014.

HB 5569 – (Rep. LaFontaine) – Labor; public service employment; opt-out for public employee contribution to employer-provider health care benefits; modify.

HB 5570 – (Rep. Yonker) – Retirement; pension oversight; oversight of certain pensions of cities with a population of more than 600,000; provide for.

HB 5571 – (Rep. Goike) – Local government; authorities; art institute authorities act; remove authorization to levy a new tax or renew an existing tax.

HB 5572 – (Rep. Olumba) – State financing and management; funds; budget stabilization fund distributions; modify.

HB 5573 – (Rep. Talabi) – State financing and management; funds; Michigan trust fund act; allow allocation of certain revenues into the budget stabilization fund; provide for.

HB 5574 – (Rep. Stallworth) – State financing and management; funds; budget stabilization fund distribution; provide for.

HB 5575 – (Rep. Durhal) – State financing and management; authorities; Michigan settlement administration authority; create.

Transportation and Infrastructure

Agenda:

HB 4916 – (Rep. Brown) – Traffic control; traffic regulation; solicitation of charitable donations in public right-of-way; allow under certain circumstances.

Reported form committee by a 13-0 vote

HB 4985 – (Rep. Kosowski) – Highways; name; certain portion of M-153; designate as the “Firefighter Brian Woehlke Memorial Highway”.

Reported from committee by a 13-0 vote

Health Policy

Agenda:

HB 5247: – (Rep. Nesbitt) – Health facilities; hospitals; lifeguard requirement; exempt certain hospital-owned health and wellness center pools.

Reported from committee by a 17-0 vote

SB 713 – (Sen. Booher) – Mental health; community mental health; powers of governing board of a community mental health services authority; expand.

Testimony Only

HB 5176 – (Rep. Cotter) – Health; occupations; report or allegation of misconduct by a licensed health care professional; prohibit department from investigating if based on information seen on a reality television show

Testimony Only

Oversight

Agenda:

Hearing on Hailstorm/Stingray type surveillance devices.

Expert testimony from:

Christopher Soghoian, Principal Technologist and Senior Policy Analyst at the National ACLU

Brian Owsley, former United States Magistrate Judge for the Southern District of Texas and professor at Texas Tech University School of Law

Natural Resources

Agenda:

HB 4874 – (Rep. Goike) – Environmental protection; sewage; requirement to dispose of septage waste at receiving facilities; eliminate sunset on exemption for owners of certain storage facilities.

Reported from committee by an 8-1 vote

HB 5361 – (Rep. Smiley) – Natural resources; hunting; small game hunting from a personal assistive mobility device; allow.

Reported from committee by a 9-0 vote

SB 759 – (Sen. Casperson) – Natural resources; hunting; prohibition on person holding a fur dealer’s license from holding a license to trap beaver; remove.

Reported from committee by a 9-0 vote

Regulatory Reform

Agenda:

HB 5317 – (Rep. McCready) – Water; quality; testing lawn sprinkler backflow preventers; reduce frequency.

Reported from committee by a 9-6 vote

HB 5318 – (Rep. McCready) – Construction; plumbing; testing lawn sprinkler backflow preventers; reduce frequency.

Reported from committee by a 14-0-1 vote

SB 494 – (Sen. Caswell) – Occupations; community planners; registration, application, and examination fees for community planners; repeal.

Reported from committee by a 15-0 vote

SB 476 – (Sen. Hildenbrand) – Occupations; auctioneers; licensing of auctioneers in occupational code; repeal.

Reported from committee by a 15-0 vote

SB 477 – (Sen. Hildenbrand) – Occupations; licensing fees; registration, application, and examination fees for auctioneers; repeal.

Reported from committee by a 15-0 vote

SB 479 – (Sen. Jansen) – Occupations; interior design; regulation of interior designers; repeal, and rescind administrative rules.

Reported from committee by a 15-0 vote

SB 607 – (Sen. Kahn) – Occupations; ocularists; registration fee for ocularists; repeal

Reported form committee by a 14-0-1 vote

SB 878 – (Sen. Jones) – Gaming; bingo and charitable gaming; millionaire parties; provide for general amendments.

Testimony Only

Agriculture

Agenda:

HB 5439 – (Rep. Daley) – Agriculture; other; industrial hemp; authorize research.

Reported from committee by a 16-0 vote

HB 5440 – (Rep. Pettalia) – Controlled substances; marihuana; definition of “marihuana”; revise to exclude industrial hemp grown or cultivated for research.

Reported from committee by a 16-0 vote

Appropriations

Agenda:

HB 5414 – (Rep. Haveman) – Traffic control; other; certain driver responsibility fees; shorten assessment period and provide for sunset.

Reported from committee by a 28-0-1 vote

HB 5501 – (Rep. Talabi) – Traffic control; other; driver responsibility fee assessment; remove from definition of “license sanction” pertaining to enhanced driver licenses.

Reported from committee by a 28-0-1 vote

SB 893 – (Sen. Kahn) – Use tax; collections; assessment of tax on health maintenance organizations; provide for.

Reported from committee by a 26-0-3 vote

SB 913 – (Sen. Kahn) – Taxation; health insurance claims; assessment on carriers and third party administrators; provide for reduction under certain circumstances.

Reported from committee by a 28-0-1 vote

Tax Policy

Agenda:

SB 536 – (Sen. Proos) – Economic development; other; short-term abatement program; provide for.

Reported from committee by a 15-0 vote

SB 425 – (Sen. Brandenburg) – Property tax; principal residence exemption; exemption for trust-owned property; revise.

Testimony Only

SB 473 – (Sen. Brandenburg) – Individual income tax; withholding requirements; flow-through entities that have entered into certain housing agreements; eliminate withholding requirement.

Testimony Only

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.

Commerce

Agenda:

HB 5478 – (Rep. Graves) – Worker’s compensation; administration; private employer group self-insurers security fund; create.