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 June 2, 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.
Remove requirement that community planners register with the state
HB 4377 – (Rep. Kelly) – Passed: 94-14
Next: Sent to the governor’s office
House Bill 4377 removes the requirement that community planners register with the state. In the S-2 substitute HB 4377 repeals Section 23 of the Occupational Code, which regulates community planners and tie-bars it to SB 494.
Deregulate ocularist occupation
HB 4392 – (Rep. Haugh) – Passed: 102-6
Next: Sent to the governor’s office
House Bill 4392 (H-1) would deregulate the ocularist occupation. HB 4392 (S-1) repeals Article 27 of the Occupational Code, which removes regulations and requirements for ocularists and tie-bars it to SB 607.
Creation of Entrepreneur in Residence Program
HB 4998 – (Rep. Schmidt) – Passed: 85-24
Next: Sent to the Senate for consideration
This bill creates the Entrepreneur in Residence Program within the Michigan Strategic Fund.
Revise penalties for discharging a firearm from a vehicle
SB 582 (Sen. Marleau) – Passed: 108-1
SB 583 (Sen. Ananich) – Passed: 108-1
Next: Returned to the Senate
Senate Bill 582 (Marleau) revises the criminal penalties intentionally discharging a firearm from a motor vehicle, snowmobile, or off-road vehicle. The bill also revises the penalty for intentionally discharging a firearm in reckless disregard for another individual. Senate Bill 583 (ANANICH) is the sentencing guidelines companion bill.
Allow judges to administer oaths for arrest warrants in person or electronically
HB 5246 – (Rep. Rogers) – Passed: 108-1
Next: Sent to the Senate for consideration
House Bill 5246 (Rogers) would allow a judge to administer an oath or affirmation for an arrest warrant either in person or electronically.
Limits liability for private airstrip owners in the event of aviation related injuries
HB 5178 – (Rep. Pettalia) – Passed: 62-47
Next: Sent to the Senate for consideration
House Bill 5178 limits premises liability for property owners when aviation related injuries occur on their private airstrips.
Revise procedures for roadside analysis for driving under the influence of alcohol or controlled substances
HB 5383 – (Rep. Lauwers) – Passed: 108-1
HB 5385 – (Rep. Lauwers) – Passed: 101-8
Next: Sent to the Senate for consideration
Together, these bills revise the procedures for roadside analysis for driving under the influence of alcohol or controlled substances.
Exempts company test vehicles from a potential RTA vehicle registration tax
SB 265 – (Sen. Jones) – Passed: 83-25
Next: Returned to the Senate
Senate Bill 265 exempts company test vehicles from a vehicle registration tax that could potentially be charged by the Regional Transit Authority (RTA) in Wayne, Oakland, Macomb, and Washtenaw Counties if approved by voters.
Require driver’s ed to include information on bicycle and motorcycle laws
HB 5438 – (Rep. Brown) – Passed: 108-0
Next: Sent to the Senate for consideration
House Bill 5438 would amend the Driver Education Provider and Instructor Act to require driver’s education instruction to include and emphasize information on the laws pertaining to the operation of bicycles and motorcycles on streets, roads, and highways.
Amend procedures for video recorded statements given by children to DHS
HB 5270 – (Rep. McMillin) – Passed: 108-0
HB 5271 – (Rep. Kosowski) – Passed: 108-0
HB 5272 – (Rep. Hooker) – Passed: 108-0
Next: Sent to the Senate for consideration
Collectively, these bills amend the procedure for video recorded statements given by children to the Department of Human Services (DHS) or law enforcement officers.
Eliminate registration requirement for interior designers and Advisory Subcommittee on Interior Design
HB 4378 – (Rep. LaFontaine) – Passed: 102-6
Next: Sent to the governor’s office
House Bill 4378 (H-1) eliminates the registration requirement and the Advisory Subcommittee on Interior Design. The substitute S-1 now repeals Sec. 601a from the Occupational Code, removing all references to interior designers.
Eliminates the ability of consumers to bring a MCPA action against insurance companies
HB 5558 – (Rep. Leonard) – Passed: 57-49
Next: Sent to the Senate for consideration
House Bill 5558 (Leonard) eliminates the ability of consumers to bring a Michigan Consumer Protection Act (MCPA) action against insurance companies for unfair, unconscionable, or deceptive methods, acts, and practices occurred before, on, or after March 28, 2001 and are unlawful under the Insurance Code of 1956.
Deregulation of auctioneer profession
HB 4683 – (Rep. Nathan) – Passed: 86-22
HB 4684 – (Rep. Denby) – Passed: 84-24
Next: Sent to the governor’s office
House Bill 4681 (Denby) deregulates auctioneers by eliminating the voluntary provision that these professionals register after meeting certain conditions, including passing an examination described in the Occupational Code. House Bill 4682 (HAUGH) removes the corresponding state license fee for auctioneers. House Bill 4683 (NATHAN) removes language that wine auctions do not have to be held by licensed auctioneers. House Bill 4684 (Denby) removes The S-1 substitutes for HB 4683 (NATHAN) and 4684 (Denby) update the tie-bars to include SB 476 and 477 (Hildenbrand).
Require PSC to commence proceedings examining cost allocation and rate design methods
HB 5476 – (Rep. Stamas) – Passed: 104-4
Next: Sent to the governor’s office
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).
Exempt gun records from disclosure under FOIA
SB 49 – (Sen. Casperson) – Passed: 80-28
Next: Returned to the Senate
Senate Bill 49 (H-1) (Casperson) amends Michigan’s gun laws to establish firearms records as confidential, not subject to disclosure under FOIA, and cannot be disclosed to any person except in limited circumstances for limited purposes.
Amend gun licensure law to exempt certain information from disclosure under FOIA
SB 834 – (Sen. Pavlov) – Passed: 87-21
Next: Returned to the Senate
Senate Bill 834 (Pavlov) amends MCL 28.422b of P.A. 327 to delete section 2b(5) which exempts information contained in certain orders or dispositions from public disclosure under FOIA when such information is filed with the Michigan State Police for entry into the Law Enforcement Information Network (“LEIN”).
Amend gun licensure law to exempt certain information from disclosure under FOIA
SB 881 – (Sen. Hansen) – Passed: 87-21
Next: Returned to the Senate
Senate Bill 881 (Hansen) amends MCL 28.425o of P.A. 327 to delete a provision that exempts from FOIA records made available by an establishment licensed under the Michigan Liquor Control Code of 1998 to enforce “no carry zones.”
Allow county treasures to waive additional interest on delinquent property taxes in certain circumstances
HB 5421 – (Rep. Walsh) – Passed: 108-0
Next: Sent to the Senate for consideration
This bill allows a county treasurer to waive additional interest on delinquent property taxes for redemption purposes if a residential property is withheld from tax foreclosure due to the owner’s economic hardship. This essentially allows the county treasurer to reduce the interest from 1.5% per month (18% per year) to 1% per month (12% per year).
Allow issuance of crop damage hunting permits to include bears
HB 5226 – (Rep. McBroom) – Passed: 103-5
Next: Sent to the Senate for consideration
House Bill 5226 is a bill which expands the issuance of crop damage hunting permits to include bear.
Include Pure Michigan in a statewide trail network
HB 5553 – (Rep. Franz) – Passed: 106-2
HB 5559 – (Rep. Pagel) – Passed: 106-2
Next: Sent to the Senate for consideration
These bills comprise a package that amends the Natural Resources and Environmental Protection Act to codify recommendations made in the Michigan Comprehensive Trail Plan report, including the creation of the Pure Michigan Trails program.
Printing guidelines for House and Senate journals, require them to be posted online
HB 5610 – (Rep. Denby) – Passed: 104-4
Next: Sent to the Senate for consideration
HB 5610 would allow the official journals of the House and Senate to be printed in a quantity determined by the Secretary of the Senate and the Clerk of the House, and also require the journals to be available online.
Criminal penalties for soliciting another to obtain ephedrine or pseudoephedrine to manufacture meth
HB 5089 – (Rep. Genetski) – Passed: 105-3
HB 5090 – (Rep. Nesbitt) – Passed: 105-3
Next: Sent to the Senate for consideration
Together, these bills create criminal penalties for soliciting another person to purchase or obtain products containing ephedrine or pseudoephedrine (PSE) to illegally manufacture methamphetamine (“meth”).
Criminal penalties for possessing PSE knowing that it will be used to make meth
HB 5363 – (Rep. Price) – Passed: 105-3
Next: Sent to the Senate for consideration
House Bill 5363 (H-1) (Price) creates criminal penalties for purchasing or possessing any amount of ephedrine or pseudoephedrine (PSE) knowing or having reason to know that it will be combined to make methamphetamine (“meth”).
Amend Incompatible Public Offices Act to ensure that the Detroit Mayor and Detroit City Council members may legally serve on the Financial Review Commission
HB 5600 – (Rep. Walsh) – Passed: 104-4
Next: Sent to the Senate for consideration
House Bill 5600 would amend the Incompatible Public Offices Act to ensure that the Detroit Mayor and any Member of the Detroit City Council may legally serve on the Financial Review Commission, which will have oversight over the finances and management of the city.
Allow funds from UCRF to be used in cost allocation and rate design proceedings
HB 5612 – (Rep. Shirkey) – Passed: 107-1
Next: Sent to the Senate for consideration
House Bill 5612 would allow funds from the Utility Consumer Representation Fund (UCRF) to be used for participation in cost allocation and rate design proceedings created under House Bill 5476 (Stamas). The UCRF funds collected are split between the Attorney General and the Utility Consumer Participation Board (UCPB). The Attorney General uses the funding to advocate on behalf of Michigan utility customers in general and the UCPB is responsible for granting funding to specific interest groups to advocate for the residential consumer groups they represent.
Allow RTA to enter agreement with M-1 RAIL to secure funds for light rail project
HB 5168 – (Rep. Walsh) – Passed: 82-26
HB 5169 – (Rep. Schmidt) – Passed: 83-25
Next: Sent to the Senate for consideration
House Bill 5168 (H-2) and House Bill 5169 allow the Regional Transit Authority (RTA) in southeast Michigan to enter an agreement with M-1 RAIL to secure federal funds for both the M-1/Woodward light rail project and, potentially, a bus rapid transit system operated by the RTA. The bills would also change the approval process for the RTA to agree to a transfer of M-1 RAIL assets to the RTA from a unanimous board vote to a 7/9 supermajority vote.
Expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership”
HB 5552 – (Rep. Pettalia) – Passed: 77-31
Next: Sent to the Senate for consideration
House Bill 5552 (H-1) expands the family relationships under which a transfer of residential real property is not defined as a “transfer of ownership” for the purpose of property taxes (i.e., pop-up) and specifies that a transfer of residential property to a trust in which one or more family members are the sole beneficiaries is also not a “transfer of ownership.”
Creates process for terminating an individual’s rights to specific cemetery space
HB 4890 – (Rep. McBroom) – Passed: 106-2
Next: Sent to the Senate for consideration
House Bill 4890 (H-3) (McBroom) creates a process under which an individual’s rights to a specific cemetery space are terminated.
Week of June 2, 2014: Committee Meetings
Regulatory Reform
Agenda:
HB 5095 – (Rep. McCready) – Animals; animal shelters; pet shop, dog pound, and animal shelters act; modify to include large-scale commercial dog breeders and to make other general revisions.
Testimony Only
Energy and Technology
Agenda:
HB 5612 – (Rep. Shirkey) – Public utilities; consumer services; use of money in utility consumer representation fund; modify.
Testimony Only
HB 5397 – (Rep. Haveman) – Energy; alternative sources; residential renewable energy and energy efficiency improvements; provide for local financing of in communities with municipal electric utilities
Reported from committee by a 17-0-0 vote
Transportation and Infrastructure
Agenda:
HB 4814 – (Rep. Zorn) – Highways; name; renaming a bridge on US-24; designate as the “Matt Urban Memorial Bridge.”
Reported from committee by a 15-0-0 vote
HB 5142 – (Rep. McCready) – Traffic control; other; fee for commercial look-up service; provide for additional fee for web portal development, and allow private entities to provide a commercial look-up service.
Testimony Only
SB 803 – (Sen. Kahn) – Property; state buildings; official residences; provide for operation, maintenance, and improvement.
Reported from committee by a 9-3-3 vote
Health Policy
Agenda:
SB 690 – (Sen. Moolenaar) – Occupations; physical therapists; prescription requirement; eliminate under certain circumstances.
Reported from committee by a 17-1-0 vote
SB 691 – (Sen. Warren) – Insurance; health care corporations; reimbursement for physical therapy services; allow health care corporation to withhold unless patient has a prescription from a licensed health professional.
Reported from committee by an 18-1-0 vote
SB 692 – (Sen. Casperson) – Insurance; prudent purchaser agreements; reimbursement for physical therapy services; allow insurance companies to withhold unless patient has a prescription from a licensed health professional.
Reported from committee by an 18-1-0 vote
SB 693 – (Sen. Hildenbrand) – Worker’s compensation; benefits; reimbursement for physical therapy services; allow employer to withhold unless patient has a prescription from a licensed health professional.
Reported from committee by an 18-1-0 vote
SB 694 – (Sen. Green) – Insurance; health; reimbursement for physical therapy services; allow insurers to withhold unless patient has a prescription from a licensed health professional.
Reported from committee by an 18-1-0 vote
SB 853 – (Sen. Jones) – Health; occupations; refraction of human eye and issuance of prescriptions for spectacles or contact lenses; prohibit by unlicensed individuals. Reported from committee by a 19-0-0 vote
Oversight
Agenda:
HB 5081 – (Rep. McMillin) – Law enforcement; reports; reports of disposition of certain forfeited property; require, and provide a penalty for failing to report.
Reported from committee by a 7-0-1 vote
HB 5250 – (Rep. McMillin) – Criminal procedure; forfeiture; uniform forfeiture reporting act; enact.
Reported from committee by a 7-0-1 vote
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.
Reported from committee by a 7-0-1 vote
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.
Reported from committee by a 7-0-1 vote
HB 5610 – (Rep. Denby) – Legislature; other; journal of the Senate and House of Representatives; revise number of copies to be printed and bound.
Reported from committee by an 8-0-0 vote
Natural Resources
Agenda:
SB 444 – (Sen. Casperson) – Natural resources; nonnative species; permits for treatment of aquatic invasive species; revise, and authorize certain local ordinances.
Reported from committee by a 6-3-0 vote
SB 613 – (Sen. Booher) – Natural resources; wildlife; game killed by a vehicle; allow salvaging of.
Reported from committee by a 7-2-0 vote
HR 381 – (Rep. LaFontaine) – A resolution to call on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of “waters of the United States” under the Clean Water Act.
Reported from committee by a 9-0-0 vote
HCR 31 – (Rep. LaFontaine) – A concurrent resolution to call on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of “waters of the United States” under the Clean Water Act.
Reported from committee by a 9-0-0 vote
Tax Policy
Agenda:
SB 156 – (Sen. Brandenburg) – Michigan business tax; administration; gross receipts, certain credit and apportionment provisions; modify to clarify original intent.
Reported from committee by a 13-0-0 vote
HB 5552 – (Rep. Pettalia) – Property tax; assessments; definition of transfer of ownership; exclude certain transfers to a trust.
Reported from committee by a vote of 9-5-0
SB 327 – (Sen. Robertson) – Taxation; administration; certain guidelines used by employees involved in the administration, collection, or auditing of taxes; clarify.
Reported from committee by a 14-0-0 vote
HB 5034 – (Rep. Cavanagh) – Property tax; delinquent taxes; sales of tax reverted property; revise conditions for purchase.
Testimony Only
HB 4882 – (Rep. Cavanagh) – Property tax; delinquent taxes; interest imposed on delinquent taxes in distressed communities; revise.
Testimony Only
Agriculture
Agenda:
Testimony Only: SB 685 – (Sen. Booher) – Agriculture; weights and measures; date reference in handbook; revise to 2013.
HB 5432 – (Rep. MacMaster) – Natural resources; nonnative species; status of native swine; clarify.
HB 5379 – (Rep. Outman) – Counties; boards and commissions; act authorizing a county to levy a special tax or appropriate from the county general fund for the purpose of advertising agricultural advantages; repeal.
Presentation on the Karegnondi Water Authority and its Impact on Agriculture
Appropriations
Agenda:
SB 678 – (Sen. Kahn) – Taxation; tobacco; distribution of tobacco products tax revenue; modify.
Reported from committee by a 29-0-0 vote
HB 5608 – (Rep. Schmidt) – Public employees and officers; compensation and benefits; survivor health benefits for certain public safety officers killed in the line of duty; provide for surviving spouse and dependents.
Reported from committee by a 27-0-2 vote
HB 5507 – (Rep. MacGregor) – Human services; county services; county administrative rate for foster care services; eliminate.
Reported from committee by a 29-0-0 vote
Criminal Justice
Agenda:
HR 382 – (Rep. Roberts) – A resolution to urge the Congress of the United States to approve President Obama’s budget proposal to provide $35 million to help communities process evidence from untested sexual assault kits.
Reported from committee by a 10-0-0 vote
HCR 32 – (Rep. Roberts) – A concurrent resolution to urge the Congress of the United States to approve President Obama’s budget proposal to provide $35 million to help communities process evidence from untested sexual assault kits.
Reported from committee by a 10-0-0 vote
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.
Reported from committee by a 10-0-0 vote
SB 756 – (Sen. Proos) – Crimes; other; selling or furnishing ephedrine or pseudoephedrine without a prescription to individual previously convicted of methamphetamine-related offense; prohibit under certain circumstances.
Reported from committee by a 10-0-0 vote
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.
Reported from committee by a 9-1-0 vote
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.
Reported from committee by a 9-1-0 vote
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.
Reported from committee by a 9-1-0 vote
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.
Reported from committee by a 9-1-0 vote
Education
Agenda:
SB 66 – (Sen. Proos) – Education; graduation requirements; Michigan merit curriculum; revise.
Reported from committee by a 17-0-0 vote
SB 817 – (Sen. Pappageorge) – Education; teachers; implementation dates for performance evaluation requirements for teachers and school administrators; modify.
Reported from committee by a 17-0-0 vote
Commerce
Agenda:
SB 900 – (Sen. Brandenburg) – Worker’s compensation; funds; limitations on reimbursement from the Michigan compensation supplement fund; modify
Reported from committee by a 14-0-2 vote
HB 5390 – (Rep. Cotter) – Civil procedure; garnishment; writ of garnishment regarding periodic payments; modify liability of garnishee.
Testimony Only
HB 5391 – (Rep. McCready) – Labor; fair employment practices; deductions from wages without written consent of employee; include certain reimbursements related to garnishment.
Testimony Only
Detroit’s Recovery and Michigan’s Future
Agenda:
HB 5600 – (Rep. Walsh) – Public employees and officers; ethics; membership of a financial review commission; clarify exclusions from conflict of interest.
Reported from committee by a 5-0-0 vote
Families, Children and Seniors
Agenda:
SB 520 – (Sen. Emmons) – Crime victims; restitution; restitution orders for crime of nonpayment of support; clarify.
Reported from committee by a 9-0-0 vote
SB 521 – (Sen. Emmons) – Family law; child support; authority of friend of the court to issue subpoenas for show cause and notice to appear; allow, and provide for other general amendments. Reported from committee by a 9-0-0 vote
SB 522 – (Sen. Caswell) – Family law; child support; certain fees; repeal.
Reported from committee by a 9-0-0 vote
SB 526 – (Sen. Caswell) – Family law; child support; assignments of support process; modify.
Reported from committee by a 9-0-0 vote
SB 527 – (Sen. Caswell) – Civil procedure; costs and fees; fees for actions involving child custody, support, or parenting time; require payment at time action is filed.
Reported from committee by a 9-0-0 vote
SB 528 – (Sen. Nofs) – Gaming; lottery; distribution of lottery winnings for child support arrearages; update to reflect payment to the state disbursement unit.
Reported from committee by a 9-0-0 vote
SB 529 – (Sen. Caswell) – Family law; child support; allocation and distribution determination authority; modify.
Reported from committee by a 9-0-0 vote
SB 530 – (Sen. Caswell) – Family law; friend of the court; powers and duties of office of child support; modify, and provide other general amendments.
Reported from committee by a 9-0-0 vote
Appropriation: Subcommittee on School Aid
Agenda:
Quarterly Report by State Superintendent of Public Instruction Mike Flanagan on Deficit Districts
Insurance
Agenda:
HB 4926 – (Rep. Callton) – Vehicles; title; access to salvage or scrap certificate of title; allow for insurance companies under certain circumstances.
Testimony Only
SB 715 – (Sen. Casperson) – Insurance; other; certificates of insurance model act; enact.
Reported from committee by a 14-0-0 vote