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 April 20, 2015
Floor Votes
The following is a summary of legislation that recently passed the House. I have listed the analyst who worked on each issue and his/her telephone number. Feel free to contact staff directly with any questions or if you need additional information.
Limits premises liability for property owners as it relates to recreational aviation activities.
HB 4244 (Pettalia), RC 69, 4/21/15, Passed 79-31
Next: Sent to Senate for Consideration
House Bill 4244 (Pettalia) amends MCL 324.73301 the “Natural Resources and Environmental Protection Act –NREPA” to limit the liability for property owners, tenants, or lessees when injuries occur on their land involving aviation activities. Under the bill, aviation activities would be defined as “noncommercial operation, and related acts in the air and on the ground, of an aircraft, including, but not limited to, a motorized or non-motorized fixed wing aircraft, helicopter, balloon, hang glider, or parasail. It also will include participation in the operation or related acts described in the subdivision as a passenger or spectator.”
Change standard from “negligence” to “willful & wanton disregard for safety” of the participant under the exception to immunity from liability for equine activities.
HB 4175 (Johnson), RC 71, 4/21/15, Passed 63-46
Next: Sent to Senate for Consideration
House Bill 4175 would eliminate reference to a “negligent act” and, instead, replace it with “an act or omission that constitutes a willful or wanton disregard for the safety of the participant that constitutes a proximate cause of the injury.”
Tax Collecting Units Hard Copy of Tax Rolls
HB 4168 (H-1) (Singh), RC 72, 4/21/15, Passed 108-1
Next: Sent to Senate for Consideration
HB 4168 eliminates the requirement that a tax collecting unit maintain hard copies of tax rolls if electronic copies are maintained.
Refunds and exemptions of real, estate transfer tax
HB 4173 (Maturen), RC 73, 4/22/2015, Passed 108-1
Next: Sent to Senate for Consideration
House Bill 4173 provides for refunds to be obtained for payment of the State Real Estate Transfer Tax (SRETT) if the Department of Treasury determines that the property was eligible for an exemption at the time of the property transfer. The bill provides that a refund can be obtained for a transfer that occurred up to 4 years prior to the effective date of the bill.The bill additionally makes a retroactive clarification related to the penalty for erroneously claiming an exemption to the SRETT that is available when a principal residence is sold and the state equalized value (SEV) is equal to or lesser than the SEV when the seller purchased the property.
Authorize the DFIS Director to determine that certain insurance filings contain trade secrets and, as such, are not subject to FOIA.
HB 4354 (H-1) (Webber), RC 74, 4/22/2015, Passed 95-14
Next: Sent to Senate for Consideration
HB 4354 would allow certain required filings of insurance companies selling automobile, home, and workers compensation insurance to be exempt from the Freedom of Information Act as trade secrets, with the approval of the director of the Department of Insurance and Financial Services.
The Insurance Code requires insurance companies to file manuals of classification, rules, and rates, and rating plans, for automobile, home insurance, and workers compensation insurance with the director of the Department of Insurance and Financial Services. Currently the code says that such filings and accompanying information are open for public inspection.
Increases loan caps in the Emergency Municipal Loan Act from $35 mil to $85 mil for municipalities, and from $50 million to $100 million for school districts.
HB 4331 (H-1) (Jacobsen), RC 75, 4/23/15, Passed 64-45
Next: Sent to Senate for Consideration
HB 4331 (H-1) increases loan caps in the Emergency Municipal Loan Act from $35 million to $85 million for municipalities, and from $50 million to $100 million for school districts. The bill also expands the use of the Emergency Loan Act for schools to include assisting in resolving financial emergencies. An interest rate floor of 2.5% for variable rate loans and a 60 month cap on interest only repayment periods is added. Additionally, the bill expands the ability to restructure loans.
Allow the state to use surplus general funds to make loans to municipalities and school districts in compliance with the Emergency Municipal Loan Act.
HB 4332 (Garcia), RC 76, 4/23/15, Passed 105-4
Next: Sent to Senate for Consideration
HB 4332 amends PA 105 of 1855 to allow the state to use surplus general funds to make loans to municipalities and school districts in compliance with the Emergency Municipal Loan Act which is being amended by HB 4331 (H-1).
Early Warning Package
HB 4325 (H-3) (Poleski), RC 77, 4/23/15, Passed 60-49
HB 4326 (Poleski), RC 78, 4/23/15, Passed 60-49
HB 4327 (H-3) (Pscholka), RC 79, 4/23/15, Passed 60-49
HB 4328 (H-1) (Lyons), RC 80, 4/23/15, Passed 58-51
HB 4329 (Somerville), RC 81, 4/23/15, Passed 59-50
HB 4330 (Kelly), RC 82, 4/23/15, Passed 60-49
Next: Sent to Senate for Consideration
HB 4325 (H-3) requires school districts to file data with CEPI on projected foundation allowance, pupil counts, and current and projected expenditures per pupil. HB 4326 establishes the State Treasurer in place of the Superintendent of Public Instruction as the State Financial Authority for school districts under deficit elimination plans. HB 4327 moves the Deficit Elimination Plan, overseen by the Superintendent of Public Instruction from the State School Aid Budget and creating an “Enhanced Deficit Elimination Plan” which is overseen by the State Treasurer. HB 4328 Strikes language addressing the requirements for a Deficit Elimination Plan as they are being placed through HB 4327. HB 4329 Adds a new section to the EM law which empowers the State Treasurer to declare a financial emergency exists almost arbitrarily. HB 4330 Clarifies that school districts and PSAs are required to comply with the Uniform Budgeting and Accounting Act.
Week of April 20, 2015: Committee Meetings
Insurance
Agenda:
SB 248 – (Sen. Hune) – Insurance; no-fault; coverage and benefits; make miscellaneous changes and create an insurance fraud prevention authority.
Reported from committee by a vote of 9-6-2
SB 249 – (Sen. Hune) – Insurance; no-fault; cross-reference to no-fault act in the support and parenting time enforcement act; amend to reflect amendments to the no-fault act.
Reported from committee by a vote of 9-6-2
Health Policy
Agenda:
Presentations By:
The Citizens Research Council of Michigan
Project Healthy Schools
Appropriations
Agenda:
Testimony Only:
HB 4391 – (Rep. Lauwers) – Agriculture; pesticides; pesticide product registration fee; increase, and revise out-of-state licensee requirements.
HB 4451 – (Rep. Jenkins) – Agriculture; other; feed law; provide general amendments.
HB 4470 – (Rep. Hoadley) – Food; other; certain MDARD fees; increase.
HB 4447 – (Rep. Pscholka) – Health facilities; other; certain fees under the public health code; modify, and provide other general amendments.
HB 4102 – (Rep. Pscholka) – Appropriations; zero budget; omnibus budget appropriations bill; provide for.
Department of Corrections Budget
Department of Environmental Quality Budget
Department of Natural Resources Budget
Department of Licensing and Regulatory Affairs Budget
Department of Insurance and Financial Services Budget
Department of Agriculture and Rural Development Budget
Department of Military and Veterans Affairs Budget
Department of State Police Budget
Department of Transportation Budget
Judiciary Budget
Department of Education Budget
Criminal Justice
Agenda:
Testimony Only:
HB 4314 – (Rep. Singh) – Traffic control; violations; operation of a motor vehicle on property open to public in a manner that would be a moving violation if on public property causing death or serious impairment of a body function; prohibit, and provide penalties.
HB 4248 – (Rep. Afendoulis) – Crimes; other; provisions relating to the playing of “The Star-Spangled Banner”, use of contemptuous language under certain circumstances, use of indecent language in presence of women and children, and improper disposal of refrigerator; repeal.
Transportation and Infrastructure
Agenda:
Testimony only:
HB 4319 – (Rep. Nesbitt) – Traffic control; traffic regulation; criteria for vehicles to proceed without stopping at inactive railroad track grade crossings; amend.
HB 4320 – (Rep. Nesbitt) – Transportation; school vehicles; requirement for driver of school bus to stop at certain railroad track grade crossings; revise.
HB 4389 – (Rep. Pagel) – Highways; name; portion of US-12; designate as the “Tpr. Steven B. Devries Memorial Highway”.
Presentation by the Michigan Department of State Police
Commerce and Trade
Agenda:
Testimony Only:
HB 4362 – (Rep. Sheppard) – Worker’s compensation; insurers; ownership of surplus by self-insurers; define.
Judiciary
Agenda:
Testimony Only:
SB 72 – (Sen. Jones) – Health; medical marihuana; authorization of medical marihuana in certain places; restrict.
SB 85 – (Sen. Hildenbrand) – Weapons; firearms; definition of pneumatic guns; provide for, and prohibit certain regulations by local units of government.
REFER TO THE COMMITTEE ON CRIMINAL JUSTICE:
HB 4419 – (Rep. Heise) – Criminal procedure; sentencing; 2-year mandatory sentencing requirement for felony firearm conviction; eliminate.
HB 4420 – (Rep. Gay-Dagnogo) – Criminal procedure; sentencing guidelines; sentencing guidelines for crime of felony firearm; provide for.
AN OVERVIEW PRESENTATION ON THE MEDICAL MARIHUANA ACT
Families, Children, and Seniors
Agenda:
Presentations By:
The Michigan Department of Health and Human Services on Child Support
The State of Michigan, Office of Children’s Ombudsman
Appropriations
Agenda:
Discussion of the FY 2015 – 2016 Budgets
Energy Policy
Agenda:
Presentation from Valerie Brader, Deputy Legal Counsel and Senior Policy Advisor to Governor Snyder, on Certificate of Need and the Integrated Resource Plan process
Financial Services
Agenda:
TESTIMONY ONLY:
HB 4242 – (Rep. Love) – Financial institutions; money transmitters; posting of fees and rates for money orders and other money transmission services; require.
Appropriations Subcommittee on Education
Agenda:
Presentation by MDE on student assessments
Tax Policy
Agenda:
Testimony Only:
SB 100 – (Sen. Brandenburg) – Taxation; administration; prepayment of tax, penalty, and interest requirement as a prerequisite to filing a case regarding the assessment of tax in the Michigan court of claims; eliminate.
HB 4464 – (Rep. Lyons) – Sales tax; exemptions; over-the-counter medications sold pursuant to a prescription; exempt.
HB 4465 – (Rep. Lyons) – Use tax; exemptions; over-the-counter medications sold pursuant to a prescription; exempt.
Tourism and Outdoor Recreation
Agenda:
HB 4239 – (Rep. Smiley) – Natural resources; hunting; small game hunting from a personal assistive mobility device; allow.
Reported from committee by an 8-0 vote
Presentation given by Wayne Koppa on Trail Development- a small community’s view.
Regulatory Reform
Agenda:
Testimony Only:
HB 4074 – (Rep. Dianda) – Liquor; licenses; minimum inventory threshold for certain specially designated merchants with gas pumps; eliminate.
Testimony and Vote:
HB 4220 – (Rep. Santana) – Occupations; athletics; Michigan unarmed combat regulatory act; revise to include amateur mixed martial arts.
HB 4286 – (Rep. Santana) – Criminal procedure; sentencing guidelines; sentencing guidelines for violations of certain Michigan amateur mixed martial arts regulatory act violations; provide for.
HB 4246 – (Rep. Farrington) – Administrative procedure; rules; adoption of rules by state agencies; prohibit from being more stringent than federal regulations.
Testimony Only:
HB 4432 – (Rep. Chatfield) – Liquor; licenses; sale at private function; allow unlimited quantity of alcoholic liquor to be sold at a specific price, and regulate price of 2 or more drinks sold to an individual.
Appropriations
Agenda:
Discussion of the FY 2015 – 2016 Budgets
Education
Agenda:
HB 4390 – (Rep. Tedder) – Education; curriculum; 1/2 credit of personal economics or financial literacy; allow to satisfy economics credit required for Michigan merit curriculum.
Reported from committee by a 16-0-1 vote
SB 139 – (Sen. Colbeck) – Education; other; certain fund-raising activities during school hours; allow.
Reported from committee by a 17-0-0 vote
Testimony only:
HB 4265 – (Rep. Price) – Higher education; community colleges; annexation by community college district; revise criteria.
Presentation by:
Reading Now Network
Oversight and Ethics
Agenda:
HB 4182 – (Rep. Price) – Civil rights; open meetings; physical presence required for vote; clarify.
Reported from committee
Workforce and Talent Development
Agenda:
PRESENTATIONS BY:
Construction Association of Michigan
Southwest Michigan First