Capitol Recap for the End of Lame Duck

Monday, December 22, 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.

Prohibit DEQ from promulgating a rule that limits emissions from wood

SB 910 (Casperson), RC 678, 12/16/14, Passed: 68-41

Next: Returned to the Senate

Prohibit DEQ from promulgating a rule that limits emissions from wood heaters or from enforcing a federal regulation that limits emissions from wood heaters.

Creates an appeals process for unclaimed property

HB 4703 (S-1) (Farrington), RC 679, 12/16/14, Passed: 108-0

Next: Sent to the governor’s office

Creates an administrative appeals process for holders of unclaimed property (escheats) who believe Treasury erroneously determined that they underreported unclaimed or abandoned property.

Revises hazardous waste release and cleanup procedures

SB 891 (H-2) (Casperson), RC, 680, 12/16/14, Passed: 56-52

Next: Returned to the Senate

SB 891 (H-2) revises hazardous waste release and cleanup procedures as contained in Part 201 (Environmental Remediation) of the Natural Resources and Environmental Protection Act (NREPA), reducing oversight by the Department of Environmental Quality (DEQ) and weakening requirements for cleanup.

Prohibit use of drones to interfere with or harass another individual who is hunting

SB 926 (H-2) (Casperson), RC 681, 12/16/14, Passed: 108-0

Next: Returned to the Senate

Senate Bill 926 (H-2) (Casperson) amends the Natural Resources Environmental Protection Act, Part 401, by prohibiting the use of an unmanned aerial or submersible vehicle to obstruct or interfere with the legal taking of game. Senate Bill 927 (Pavlov) amends the Natural Resources Environmental Protection Act to prohibit an individual from taking game using an unmanned aerial or submersible vehicle.

Exempt certain mortgage servicers from licensure as a mortgage originator

SB 1087 (Booher), RC 682, 12/16/14, Passed: 107-1

Next: Returned to the Senate

Senate Bill 1087 would amend the Mortgage Loan Originator Licensing Act (MLOLA) to exempt certain mortgage servicers (or their employees) from licensure as a mortgage originator. The exemption would cover those services who modify residential mortgage loans when the borrower is behind on payment (i.e. employees engaged in loss mitigation).

Designate section of M-6 as “David Warsen Memorial Highway”

SB 1099 (Jansen), RC 683, 12/17/14, Passed: 108-0

Designate the section of M-6 in Kent County between Kalamazoo Avenue and Byron Center Avenue as the “David Warsen Memorial Highway.”

Sentencing guidelines for operating a watercraft while intoxicated

HB 4442 (Lori), RC 684, 12/17/14, Passed: 80-28

Next: Sent to the governor’s office

Sentencing guidelines for operating a watercraft vessel while intoxicated or impaired or with a bodily alcohol content above .08 grams.

Designate a bridge on US-24 as the “Matt Urban Memorial Bridge”

HB 4814 (Zorn), RC 685, 12/17/14, Passed: 108-0

Next: Sent to the governor’s office

Designate a bridge on US-24 as the “Matt Urban Memorial Bridge.”

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

HB 4923 (Nesbitt), RC 686, 12/17/14, Passed: 108-0

Next: Sent to the governor’s office

Designate a portion of I-94 in Van Buren County as the “Trooper Rick Johnson Memorial Highway.”

Designate a portion of M-57 County as the “Joseph Prentler Memorial Highway”

HB 5543 (Outman), RC 687, 12/17/14, Passed: 109-0

Next: Sent to the governor’s office

Designate a portion of M-57 within Montcalm County as the “Joseph Prentler Memorial Highway.”

Exempt individuals from criminal penalties who brandish a firearm

HB 5091 (H-1) (Johnson), RC 688, 12/17/14, Passed: 104-5

Next: Sent to the governor’s office

Exempt individuals from criminal penalties who brandish a firearm.

Expands the issuance of crop damage hunting permits to include bear

HB 5226 (McBroom), RC 689, 12/17/14, Passed: 105-4

Next: Sent to the governor’s office

House Bill 5226 would provide that, except during an open season for bear, bear may be taken if the Department of Natural Resources (DNR) determines that bear have caused damage to emerging, standing, or harvested crops or to feed properly stored in accordance with normal agricultural practices.

Correct drafting error by switching a reference to “mortgagor” with “purchaser”

HB 5794 (S-1) (Callton), RC 690, 12/17/14, Passed: 109-0

Next: Sent to the governor’s office

House Bill 5794 would amend the Revised Judicature Act to correct a drafting error created by previous legislation. The bill would switch a reference to “mortgagor” with the word “purchaser.”

Include areas in which the Children’s Ombudsman can investigate alleged violations

HB 4650 (S-1) (Glardon), RC 691, 12/17/14, Passed: 109-0

Next: Sent to the governor’s office

Include the Resource Families Bill of Rights Law under areas in which the Children’s Ombudsman can investigate alleged violations.

Provide for the regulation and licensing of Navigators required under the ACA

HB 4576 (Crawford), RC 692, 12/17/14, Passed: 102-7

Next: Sent to the governor’s office

The bill would amend the Michigan Insurance Code of 1956 (Code) to provide for the regulation and licensing of Navigators required for the Health Benefit Exchange established under the Affordable Care Act (ACA). Require the state to suspend Medicaid eligibility of incarcerated individuals

SB 1011 (Caswell), RC 693, 12/17/14, Passed: 109-0

Next: Returned to the Senate

Require the state to suspend Medicaid eligibility of incarcerated individuals instead of terminating the eligibility.

Allow certain cemeteries to establish and maintain irrevocable endowment funds

SB 1125 (H-1) (Hansen), RC 694, 12/17/14, Passed: 108-0

Next: Returned to the Senate

Senate Bill 1125 (H-1) (Hansen) amends PA 215 of 1937, which authorizes municipalities to own and control cemeteries and to provide for their maintenance and endowment, to allow those municipalities with municipally-owned cemeteries to establish and maintain irrevocable endowment and perpetual care funds as a component fund within a community foundation by entering into an irrevocable agreement with the foundation. Amounts deposited into the fund must be held in perpetuity by the community foundation except for two disbursements of interest and earnings that may be used by the municipality for maintenance and care of the cemetery. The community foundation may have its fees and costs paid out of the principal of the fund.

Allow municipally-owned cemeteries to establish and maintain irrevocable endowment and perpetual care funds and allow them to invest in community foundations.

Creates the Continuing Care Community Disclosure Act

SB 886 (H-2) (Moolenaar), RC 695, 12/17/14, Passed: 108-0

Next: Returned to the Senate

SB 886 (H-2) (Moolenaar) provides for the regulation of continuing care communities, which could include a retirement community, home for the aged, independent living, nursing home, home care agency, and/or a hospice. Each of these facilities are defined and regulated in other parts of Michigan statute, and this statute allows for the creation of an organization to oversee these facilities and services.

Excludes certain homes for the aged from the definition included in the Public Health Code

SB 887 (H-1) (Schuitmaker), RC 696, 12/17/14, Passed: 108-0

Next: Returned to the Senate

SB 887 (H-1) (Schuitmaker) excludes homes for the aged that are regulated and included in the Continuing Care Community Disclosure Act from the definition included in the Public Health Code. SB 887 (H-1) also states that rules promulgated under the Public Health Code relating to homes for the aged are subject to requirements outlined in the Continuing Care Community Disclosure Act.

**Excludes certain adult foster care facilities from the definition of adult foster care facilities within the Adult Foster Care Facility Licensing Act ** SB 888 (H-2) (Hildenbrand), RC 697, 12/17/14, Passed: 108-0

Next: Returned to the Senate

SB 888 (H-1) (Hildenbrand) excludes adult foster care facilities regulated and included in the Continuing Care Community Disclosure Act from the definition of adult foster care facilities within the Adult Foster Care Facility Licensing Act. SB 888 (S-3) also states that rules promulgated under the Adult Foster Care Facility Licensing Act are subject to requirements of the Continuing Care Community Disclosure Act.

Repeals sentencing guidelines for violations of the living care disclosure act

SB 889 (S-2) (Nofs), RC 698, 12/17/14, Passed: 108-0

Next: Returned to the Senate

Senate Bill 889 (S-2) (Nofs) removes references in the Code of Criminal Procedure for sentencing guidelines for the Living Care Disclosure Act and replace the guidelines with the Continuing Care Community Disclosure Act. SB 889 (S-2) also removes felony guidelines for violations of a repealed section of the Land Sales Act.

Create the Underground Storage Tank Corrective Action Fund

SB 791 (H-1) (Green), RC 699, 12/17/14, Passed: 108-0

Next: Returned to the Senate

Creates the Underground Storage Tank Corrective Action Fund.

Add aquatic invasive species violations to offenses that would trigger seizure and forfeiture

SB 797 (H-1) (Pavlov), RC 700, 12/17/14, Passed: 104-4

Next: Returned to the Senate

Expand the list of offenses that would trigger the seizure and forfeiture of personal and real property to include aquatic invasive species violations.

Provides suspension procedures for aquatic prohibited species violations

SB 799 (S-1) (Casperson), RC 701, 12/17/14, Passed: 104-4

Next: Returned to the Senate

Revise administrative procedures for an individual’s commercial or sport fishing license or permit that is suspended for an aquatic invasive species violation.

Delay the sunset date on requirement that auto insurers provide policy info to DCH

SB 738 (Caswell), RC 702, 12/17/14, Passed: 108-0

Next: Returned to the Senate

The bill would amend the Insurance Code to delay the sunset date on a requirement that auto insurers provide policy information to the Department of Community Health (DCH).

Modifies the State Survey and Remonumentation Act

SB 1043 (Walker), RC 703, 12/17/14, Passed: 108-0

Next: Returned to the Senate

Makes the State Survey and Remonumentation Act consistent with the changes already made in complementary state statutes.

**Designate Scott Lake Road as the “Trooper James R. Deloach and Trooper Steven J. Niewiek Memorial Highway” ** SB 1146 (S-1) (Marleau), RC 704, 12/17/14, Passed: 108-0

Next: Returned to the Senate

Designate Scott Lake Road in Oakland County as the “Trooper James R. Deloach and Trooper Steven J. Niewiek Memorial Highway.”

**Expand the annual reporting requirements for the Michigan Strategic Fund (MSF) **

HB 4480 (S-2) (Leonard), RC 705, 12/18/14, Passed: 108-1

Next: Sent to the governor’s office

HB 4480 would expand the annual reporting requirements for the Michigan Strategic Fund (MSF). This bill is part of a package that deals with the MSF and includes Senate Bills 269, 270, 271, 272, and 278, as well as House Bills 4071, 4480, 4481, and 4482. Generally, the bills would expand the authority of, and provide greater latitude to, the MSF. Additionally, the bills would consolidate and eliminate reporting requirements. Changes made by the S-2 are highlighted.

Modifies the Next Michigan Development Act

SB 398 (H-2) (Casperson), RC 706, 12/18/14, Passed: 81-28

Next: Returned to the Senate

Determining whether to designate a Next MI Development Corp, the MSF would have to give preference to an eligible act 7 entity that is the largest city in a county with a population of 1,500,000 or more (Detroit).

**Require food service establishments to publicly post info about food allergies **

SB 730 (S-3) (Emmons), RC 707, 12/18/14, Passed: 90-19

Next: Returned to the Senate

Require food service establishments to publicly post info about food allergies as well as require additional training on food allergies.

Authorizes a county treasurer to create a delinquent property tax installment payment plan for a principal residence

HB 4882 (S-2) (CAVANAUGH), RC 708, 12/18/14, Passed: 109-0

Next: Sent to the governor’s office

House Bill 4882 (S-2) authorizes a county treasurer to create a delinquent property tax installment payment plan for a principal residence, the title to which is held by a financially distressed person. The treasurer may withhold a property subject to a payment plan from a petition for foreclosure if the person makes the initial payment under the plan.

Revises the effective date for accelerated filers of sales tax

HB 4920 (S-1) (Walsh), RC 709, 12/18/14, Passed: 109-0

HB 4921 (S-1) (Walsh), RC 710, 12/18/14, Passed: 109-0

Next: Sent to the governor’s office

Amend the General Sales Tax Act to correct a subsection reference related to the scheduling sales and use tax payments by large tax filers.

Allows the county treasurer to reduce the interest on delinquent taxes

HB 5421 (S-2) (Walsh), RC 711, 12/18/14, Passed: 108-0

Next: Sent to the governor’s office

Allows the county treasurer to reduce the interest on delinquent taxes from 1.5% per month (18% per year) to 1% per month (12% per year).

Increases fire insurance withholding maximum escrow

HB 5862 (S-1) (Price), RC 712, 12/18/14, Passed: 94-14

Next: Sent to the governor’s office

Increases the maximum amount municipalities may withhold and escrow from an insurance settlement to take action on fire-damaged property.

Prohibit residents who are delinquent on property taxes from bidding on foreclosed properties

SB 295 (HUNTER), RC 713, 12/18/14, Passed: 107-2

Next: Returned to the Senate

Senate Bill 295 (H-1) (HUNTER) provides foreclosing governmental units (FGUs) more statutory authority to ensure that tax foreclosed properties are conveyed to good actors rather than speculators. Under the bill, purchasers would be required to sign an affidavit that they do not have delinquent property taxes or blight fines. The bill would also require payment of property taxes before a deed is issued. The FGU could cancel sales if purchasers do not comply with these provisions.

Revisions to nonprofit corporation act requested by the State Bar

SB 623 (H-1) (Kowall), RC 714, 12/18/14, Passed: 77-32

SB 624 (S-1) (Jones), RC 715, 12/18/14, Passed: 78-31

SB 929 (BIEDA), RC 716, 12/18/14, Passed: 78-30

Next: Returned to the Senate

SB 623, 624 and 929 make changes to the Nonprofit Corporation Act, the Limited Liability Company Act, and Public Act 169 of 1965 regarding the set-up and operation of nonprofit corporations. These bills come at the request of the State Bar of Michigan’s Business Law Section’s Nonprofit Corporation Committee.

Increases funding that goes to Michigan Strategic Fund from tobacco settlement revenue

SB 269 (S-2) (Kowall), RC 717, 12/18/14, Passed: 82-26

SB 270 (H-2) (Emmons), RC 718 AND 719, 12/18/14, Passed: 82-26 [voted on twice]

SB 271 (H-4) (SMITH), RC 720, 12/18/14, Passed: 83-25

Next: Returned to the Senate

SB 269 increases the funding that goes to the Michigan Strategic Fund (MSF) out of tobacco settlement revenue. The bill is part of a larger MSF package that includes Senate Bills 269, 270, 271, 272, and 278, as well as House Bills 4071, 4480, 4481, and 4482. Generally, the bills would expand the authority of, and provide greater latitude to, the MSF. Additionally, the bills would consolidate and eliminate reporting requirements.

Designate a portion of I-375 as the “First Michigan Colored Infantry Regiment Memorial Highway”

SB 93 (S-2) (YOUNG), RC 721, 12/18/14, Passed: 108-0

Next: Returned to the Senate

Designate a portion of I-375 as the “First Michigan Colored Infantry Regiment Memorial Highway.”

Designate a portion of M-29 as the “Staff Sergeant Ergin V. Osman Memorial Highway”

SB 317 (BIEDA), RC 722, 12/18/14, Passed: 109-0

Next: Returned to the Senate

Designate a portion of M-29 as the “Staff Sergeant Ergin V. Osman Memorial Highway.”

Requires local zoning restrictions for amateur radio to conform to federal regulations

SB 493 (S-2) (Jones), RC 723, 12/18/14, Passed: 109-0

Next: Returned to the Senate

Codify a provision of federal regulation regarding amateur radio service station antenna structures and would require local government to reasonably accommodate such communications.

Prohibit DNR from enforcing a rule for the purpose of achieving biological diversity

SB 78 (Casperson), RC 724, 12/18/14, Passed: 59-50

Next: Returned to the Senate

Prohibit DNR and the Natural Resources Commission from promoting or enforcing a rule or an order that designates of classifies an area of land specifically for the purpose of achieving or maintaining biological diversity.

Protect municipalities from remedies and penalties for a discharge from three or fewer on-site wastewater treatment systems

SB 753 (Caswell), RC 725, 12/18/14, Passed: 76-33

Next: Returned to the Senate

Protect municipalities from remedies and penalties for a discharge from three or fewer on-site wastewater treatment systems.

Revisions to scrap tire enforcement and regulation

SB 941 (S-1) (Kowall), RC 726, 12/18/14, Passed: 107-2

Next: Returned to the Senate

Senate Bill 941 (S-1) amends several sections of the Natural Resources and Environmental Protection Act (NREPA) to revise provisions governing scrap tires.

Eliminate requirement that state funded printing must occur in Michigan

SB 1055 (H-1) (Casperson), RC 727, 12/18/14, Passed: 68-41

Next: Returned to the Senate

Eliminate a requirement that all printing for which the State is chargeable, or that is paid for with money appropriated by the State, be printed within Michigan.

Revises the date a lien attaches to certain special assessments

SB 1007 (H-1) (Pappageorge), RC 728, 12/18/14, Passed: 107-2

Next: Returned to the Senate

The bill is limiting a lien to only one installment payment at a time, meaning that a property can be transferred without a lien placed on the property that forces the owner to pay off the entire assessment before the transfer. Exempts oil, gas, and mineral landmen from eligibility for unemployment benefits

SB 427 (Walker), RC 729, 12/18/14, Passed: 109-0

Next: Returned to the Senate

Exclude contractual services that an oil, gas, or mineral landman performed under a contract with a private entity under certain circumstances.

Fix error keeping Hamtramck recycling business from benefitting from certain tax credit

SB 852 (JOHNSON), RC 730, 12/18/14, Passed: 103-6

SB 962 (Robertson), RC 731, 12/18/14, Passed: 104-5

Next: Returned to the Senate

Fix a clerical error preventing a Hamtramck recycling business from benefitting from a plant rehabilitation and industrial development tax credit.

Implement the child welfare performance based funding model that is being pursued by Kent County

SB 974 (S-3) (Caswell), RC 732, 12/18/14, Passed: 109-0

SB 975 (S-4) (Caswell), RC 733, 12/18/14, Passed: 109-0

SB 1086 (S-2) (Caswell), RC 734, 12/18/14, Passed: 105-4

Next: Returned to the Senate

Implement the child welfare performance based funding model that is being pursued by Kent County.

Require DNA samples to be taken of individuals arrested committing a felony

SB 105 (S-3) (Schuitmaker), RC 735, 12/18/14, Passed: 92-17

SB 106 (S-3) (Schuitmaker), RC 737, 12/18/14, Passed: 92-17

SB 107 (S-3) (Jones), RC 738, 12/18/14, Passed: 92-17

Next: Returned to the Senate

Amendments to the DNA Identification Profiling System Act to require the collection of DNA samples for individuals arrested for committing or attempting to commit a felony offense.

Expand investment options for certain community college funds

SB 1088 (S-1) (Booher), RC 736, 12/18/14, Passed: 103-6

Next: Returned to the Senate

Expand the investment options for various community college funds to include obligations of the state / its political subdivisions that are rated investment grade

Allow for the training of police to carry opioid antagonists for treatment of drug overdoses

SB 1049 (S-1) (Schuitmaker), RC 739, 12/18/14, Passed: 105-4

Next: Returned to the Senate

Allow law enforcement agencies to offer and train officers to carry and administer opioid antagonists for the treatment of drug overdoses.

Allow a drain commissioner to remove obstructions from watercourses

SB 1082 (H-1) (Robertson), RC 740, 12/18/14, Passed: 99-10

Next: Returned to the Senate

Senate Bill 1082 (H-1) (Robertson) amends the Drain Code of 1956 to allow a drain commissioner to, after inspection and with approval from landowners, remove obstructions from watercourses that are not existing drains if the obstruction is causing a problem with an established drain. Specifically, the bill allows a drain commissioner or drainage board, after inspection by a licensed professional engineer, to remove ice, fallen trees, logjams, or other debris on a watercourse that is not an existing drain if it has caused or is causing flooding, an imminent risk of flooding, increased erosion, channel instability, reduction in capacity, or damage to at least one county or intercounty drain. The drain commissioner or drainage board must obtain written permission from the property owners where the obstruction is located. Costs incurred must be charged to the benefitting drainage districts.

Increase number of satellite SmartZones that can capture school taxes from three to nine

SB 1097 (Jansen), RC 741, 12/18/14, Passed: 81-28

Next: Returned to the Senate

Increase the number of satellite SmartZones that can capture school taxes from three to nine and would set a hard deadline to create a satellite.

Amend the Social Welfare Act to make changes to the “Freedom to Work” program

SB 961 (Schuitmaker), RC 742, 12/18/14, Passed: 108-1

Next: Returned to the Senate

Amend the Social Welfare Act to make changes to the “Freedom to Work” program.

Allow eligibility for kindergarten early entry for school of choice students

SB 492 (S-1) (Caswell), RC 743, 12/18/14, Passed: 109-0

Next: Returned to the Senate

Extend the kindergarten age requirement exception to a child who is eligible to enroll in and be counted in membership in a school district.

Modifies standards for fire drills for colleges and universities

SB 1142 (S-1) (Jansen), RC 744, 12/18/14, Passed: 105-5

Next: Returned to the Senate

Removing post-secondary educational institutions from the current safety drill requirements for their dormitories and add establishing fire drill requirements only.

Increases penalties for prohibited species violations

SB 795 (S-3) (Kowall), RC 745, 12/18/14, Passed: 105-4

SB 796 (S-1) (Meekhof), RC 746, 12/18/14, Passed: 100-9

SB 800 (S-1) (Walker), RC 747, 12/18/14, Passed: 103-6

Next: Returned to the Senate

Add the seizure and forfeiture of property to the list of penalties for individuals who possess or introduce aquatic invasive species (AIS).

Require a petition circulator be at least 18 years of age and a citizen of the US

SB 1167 (H-1) (Robertson), RC 748, 12/18/14, Passed: 92-17

Next: Returned to the Senate

Require a petition circulator be at least 18 years of age and a citizen of the US. ** Provide that a person is not entitled to personal protection benefits if the vehicle was taken unlawfully**

SB 1140 (H-1) (SMITH), RC 749, 12/18/14, Passed: 101-8

Next: Returned to the Senate

Provide that a person would not be entitled to paid personal protection insurance benefits for accidental bodily injury if, at the time of the accident, the person were willingly operating or using a motor vehicle or motorcycle that was taken unlawfully, and the person knew or should have known that the motor vehicle/motorcycle was taken unlawfully.

Provide presumption for firefighters regarding occupational cancer

SB 211 (S-4) (Rocca), RC 750, 12/18/14, Passed: 109-1

Next: Returned to the Senate

Provide presumption for firefighters regarding occupational cancer.

Specifies that a medical retainer agreement is not insurance

SB 1033 (H-4) (Colbeck), RC 751, 12/18/14, Passed: 60-50

Specify that a medical retainer agreement is not insurance and entering into a medical retainer agreement is not the business of insurance and neither are subject to the Insurance Code.

Require that certain information be provided to a patient whose mammogram demonstrates dense breast tissue

SB 879 (S-3) (Hildenbrand), RC 752, 12/18/14, Passed: 92-18

Next: Returned to the Senate

Require that certain information be provided to a patient whose mammogram demonstrates dense breast tissue.

Modifies parts of Occupational Code pertaining to collection agencies

SB 947 (S-2) (Jones), RC 756, 12/18/14, Passed: 66-44 [Voted on twice]

Next: Sent to the Senate for consideration

Senate Bill 947 (S-2) (Jones) amends sections of the Occupational Code that relate to collection agencies. Specifically, SB 947 (S-2) removes a requirement that the Department of Licensing and Regulatory Affairs (LARA) audit collection agencies on a biennial basis, and instead states that LARA may audit a collection agency’s records when determined necessary by the Director of LARA.

Change the monetary cap on the Community College Jobs Training Program

SB 1074 (Jansen), RC 754, 12/18/14, Passed: 108-2

Next: Returned to the Senate

Change the monetary cap on the Community College Jobs Training Program, remove the sunset on the program, and fix references to the minimum wage bill.

Designate a portions of US-41 as the “Earl DeMarse Memorial Highway”

HB 5447 (KIVELA), RC 755, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

Designate a portion of US-41 as the “Earl DeMarse Memorial Highway”

Name an M-64 bridge “Ontonagon County Veterans Memorial Bridge”

HB 5715 (DIANDA), RC 757, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

Designate the M-64 bridge over the Ontonagon River in Ontonagon as the “Ontonagon County Veterans Memorial Bridge”.

Allow DTMB to sell space on the state’s public safety communications towers

HB 4237 (S-1) (Haines), RC 758, 12/18/14, Passed: 108-2

Next: Sent to the governor’s office

Allow DTMB to sell space on the state’s public safety communications towers to both private and public entities.

Create a fund-raising registration plate for Michigan veterans

HB 4788 (S-3) (Stamas), RC 759, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

Create a fund-raising registration plate for Michigan veterans.

Alter the amount of federal LIHEAP that must be used for weatherization

HB 4544 (S-1) (Zorn), RC 780, 12/18/14, Passed: 93-17

Next: Sent to the governor’s office

Alter the amount of federal Low Income Home Energy Assistance Program (LIHEAP) that must be used for weatherization.

Provides for foster parent bill of rights

HB 4649 (H-2) (Cotter), RC 781, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

Amends the Foster Care and Adoption Services Act to include a list of rights that each foster parent is to be ensured by DHS.

Authorizes expedited partner therapy

HB 4736 (S-3) (DARANY), RC 782, 12/18/14, Passed: 88-22

Next: Sent to the governor’s office

HB 4736 authorizes the use of EPT in Michigan and requires the Department of Community Health (DCH) to promulgate rules for the administration of the use of EPT, including a list of sexually transmitted infections (STIs) for which EPT is “appropriate.” DCH must consult the Federal Centers for Disease Control and Prevention (CDC) and health professionals within the state when developing this list.

Make charitable housing properties exempt from property taxes for up to five years

HB 5182 (S-1) (Zorn), RC 783, 12/18/14, Passed: 90-20

Next: Sent to the governor’s office

Make residential property owned by a charitable nonprofit housing organization (e.g., Habitat for Humanity) exempt from property taxes for up to five years if the property is intended for ultimate occupancy by low-income persons as a principal residence.

Eliminates certain special assessments on property being placed as a lien on property

HB 5202 (S-2) (McCready), RC 764, 12/18/14, Passed: 109-1

Next: Sent to the governor’s office

House Bill 5202 (S-2) specifies that if a township board provides that a special assessment is payable in installments, then the amount of any lien on the parcel is limited to each individual installment and shall not attach to the property until that individual installment is due. In effect, the bill is limiting a lien to only one installment payment at a time, meaning that a property can be transferred without a lien placed on the property that forces the owner to pay off the entire assessment before the transfer.

Eliminates filing fee requirements for actions involving Young Adult Voluntary Foster Care Act

HB 5744 (S-1) (Kurtz), RC 765, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

Remove filing fee requirements if the party is filing a child protective action or a delinquency action under the Probate Code or the Young Adult Voluntary Foster Care Act.

Creates Human Trafficking Health Advisory Board

SB 596 (H-1) (Robertson), RC 766, 12/18/14, Passed: 96-14

Next: Returned to the Senate

Creates a seven member Governor appointed “Human Trafficking Health Advisory Board” (“Board”) to address the medical needs of human trafficking survivors.

Eliminates licensing requirements for the sale of insurance for self-storage units

HB 4485 (S-1) (Rendon), RC 767, 12/18/14, Passed: 57-53

Next: Sent to the governor’s office

House Bill 4485 (H-3) (Rendon) would eliminate licensing requirements for persons who sell insurance solely to individual renters of self-service storage facility units under a lease agreement of less than one year.

Allows acceptance of American council on education transcript

HB 5036 (S-2) (Rendon), RC 768, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

The bill requires that Board of Trustees at community colleges ensure the college is informing qualified veterans, reserve members, and members of the Michigan National Guard of options relating to the transfer of military education and training for college credit.

Remove sunset precluding a servicer of septage waste from storing the waste at the person’s facility

HB 4874 (S-1) (Goike), RC 769, 12/18/14, Passed: 72-38

Next: Sent to the governor’s office

House Bill 4874 (Goike) will remove the sunset that would preclude a person working as a servicer of septage waste from storing the waste at the person’s facility. The bill also will eliminate local ordinances that are stricter than state laws concerning the disposal of septage waste over land.

Allows courts to appoint “parent coordinators” to resolve parenting disputes

HB 5082 (S-1) (Heise), RC 770, 12/18/14, Passed: 106-4

Next: Sent to the governor’s office

House Bill 5082 (Heise) allows courts to appoint “parent coordinators” to resolve parenting disputes.

Establishes abandoned vehicle disposal process for watercraft, snowmobiles, and ORVs

HB 5563 (S-1) (LaFontaine), RC 771, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

HB 5563 (H-2) would amend the Natural Resources and Environmental Protection Act (NREPA) to state that a person shall not abandon a vessel, ORV, or snowmobile in the state. If any of these are abandoned the bill establishes processes to identify ownership, dictate fees, and create a Fund to help with the remediation of abandoned vehicles. Update: The senate (S-1) increased the fine for abandoning an ORV in section 81151(4) and for abandoning a snowmobile in section 82161(4) from $50 to the amount provided for in section 8905a, ($500 to $2500 for the first violation).

Allows operation of a golf cart on a public highway without no-fault insurance

HB 5636 (S-1) (Cotter), RC 772, 12/18/14, Passed: 105-5

Next: Sent to the governor’s office

HB 5636 would add “golf cart” to a list of vehicle-like transportation devices that are exempt from the requirement that they be insured under a no fault automobile insurance policy. The bill would also define that term as “a vehicle designed for transportation while playing the game of golf.” Additionally, Rep. SEGAL offered a substitute that added “motorized wheelchair” to the list of things that are not required to be insured under the Act.

Provide for record expunction for certain offenders under certain circumstances

HB 4186 (H-5) (OAKES), RC 773, 12/18/14, Passed: 110-0

Next: Sent to the governor’s office

House Bill 4186 (OAKES) would expand the set aside (expungement) statute to allow certain offenders to have more crimes removed from their criminal records. The (H-5) substitute nearly mirrors House Bill 5545 (Leonard).

Impose additional interest on the state’s late payments of MBT refunds owed to taxpayers

HB 4760 (S-3) (BARNETT), RC 774, 12/18/14, Passed: 109-1

Next: Sent to the governor’s office

House Bill 4760 (S-3) (BARNETT) amends the Revenue Act to impose additional interest on the state’s untimely payments of Michigan Business Tax (MBT) refunds. Under current law, interest begins to accrue, at a rate of one percentage point above the adjusted prime rate per year (currently 3.25%), on refunds owed by the state beginning 45 days after the claim is filed or 45 days after the date established by law for filing the return, whichever is later.

Reduces the frequency for testing lawn sprinkler backflow preventers

HB 5317 (H-1) (McCready), RC 775, 12/18/14, Passed: 70-40

Next: Sent to the governor’s office

House Bills 5317 (H-1) and 5318 (H-3) (McCready) will reduce the number of times the Department of Environmental Quality (DEQ) can require testing of a backflow preventer on an already installed residential lawn sprinkler system.

Prohibits reinstatement on a permanently revoked license or registration

HB 5482 (S-2) (Pettalia), RC 776, 12/18/14, Passed: 100-10

Next: Sent to the governor’s office

This bill was originally part of a bill package relates to the ability for the Department of Licensing and Regulatory Affairs to permanently revoke health professional licenses.

Requires competitive bidding by county road commissioners on certain projects

HB 4251 (S-3) (Cotter), RC 777, 12/19/14, Passed: 108-2

Next: Sent to the governor’s office

House Bill 4521 (S-3) requires a county road commission to use competitive bidding for a road project in which a township, or combination of two townships, contributes 50% or more of the cost of the project and requests the road commission to use competitive bidding. The requirement is limited to projects involving paved roads with an estimated cost of more than $50,000 or unpaved roads with an estimated cost of more than $25,000.

Changes bidding requirements entered into by a transportation dept.

HB 5167 (S-2) (Schmidt), RC 778, 12/19/14, Passed: 107-3

Next: Sent to the governor’s office

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

Increase the sales tax from 6 percent to 7 percent, exempting motor fuel

HB 4539 (H-1) (CR-1) (Schmidt), RC 779, 12/19/14, Passed: 88-22

Next: Sent to the governor’s office

House Bill 4539 (H-1) CR-1 (Schmidt) is the General Sales Tax Act bill that is part of the agreed-upon transportation funding package. The bill would increase the sales tax rate from 6% to 7% and would exempt motor fuel from the tax. Under the bill, beginning October 1, 2015, sales tax would not apply to the sale of gasoline or diesel fuel used to operate a motor vehicle on Michigan public roads or highways.

Amend motor fuel taxes to be taken at 14.9% of the average price

HB 5477 (S-14) (CR-1) (VerHeulen), RC 780, 12/19/14, Passed: 93-17

Next: Sent to the governor’s office

HB 5477 (S-14) CR-1 amends the Motor Fuel Tax Act to, beginning October 1, 2015, increase motor fuel taxes and change the method of taxation. The bill changes the fixed cents-per-gallon tax on gasoline (19 cents per gallon) and diesel (15 cents per gallon) to an annually adjusted cents-per-gallon rate of 14.9% of the average wholesale price of gasoline and diesel, respectively, as determined by the Department of Treasury.

Change diesel fuel tax to correspond with changes in HB 5477

HB 5493 (S-1) (VerHeulen), RC 781, 12/19/14, Passed: 87-23

Next: Sent to the governor’s office

HB 5493 (S-1) amends the Motor Carrier Fuel Tax Act to change the tax on diesel fuel for interstate trucks to correspond with the rate established under changes to the Motor Fuel Tax Act in HB 5477.

Amends the vehicle code regarding registration, depreciation allowance, and other items

HB 4630 (S-1) (CR-1) (McCready), RC 782, 12/19/14, Passed: 67-43

Next: Sent to the governor’s office

House Bill 4630 (S-3) amends the Vehicle Code, including but not limited to: eliminating the depreciation allowance on the vehicle registration tax paid on passenger vehicles registered on or after January 1, 2016; redirecting revenue from late payment fees on registration renewals from the General Fund to the Michigan Transportation Fund (MTF); requiring that a person immediately pay the difference in registration tax when transferring a plate to a higher-priced vehicle; increasing the registration tax for historic plates, dealer plates, mopeds, and motorcycles; eliminating certain special registration categories with reduced tax rates; and increasing certain service fees and redirecting certain fee revenue to the Transportation Administration Collection Fund to support Secretary of State administrative costs.

Amends warranty requirements for MDOT Projects

HB 5460 (H-5) (Lauwers), RC 783, 12/19/14, Passed: 99-11

Next: Sent to the governor’s office

HB 5460 (H-5) amends warranty requirements for MDOT projects, establishes warranty provisions for the first time for local road agency projects, and establishes reporting requirements for MDOT and local road agencies for warranty and certain non-warranty projects.

Require that school districts disclose certain information

SB 80 (H-2) (Hansen), RC 784, 12/19/14, Passed: 102-8

Next: Returned to the Senate

SB 80 (H-2) amends section 18 of the State School Aid Act of 1979 adding as a requirement that a district, (traditional public schools, charter schools and the State School Reform District) include as part of the blue mitten disclosures links to its written policies on procurement, reimbursable expenses, and its accounts payable check register or a statement of the total amount of expenses incurred that were reimbursed expenses. It is tie-barred to SB 81, which amends the Revised School Code to expand the requirement for reimbursement policies from just traditional school districts to include charter schools and the EAA.

Restores EITC to 20 percent of the federal level beginning in 2016

SB 847 (Hildenbrand), RC 785, 12/19/14, Passed: 78-32

Next: Returned to the Senate

Senate Bill 847 (H-1) (Hildenbrand) restores the Michigan Earned Income Tax Credit (EITC) to 20% of the federal level beginning in tax year 2016. The bill would also change the homestead property tax credit (HPTC) calculation for senior citizens, paraplegic, hemiplegic, quadriplegic, totally and permanently disabled, deaf, or blind to provide those with lower incomes a larger tax credit. The bill is part of the transportation funding package, and is contingent upon passage of a sales tax increase from 6% to 7% on the May 2015 ballot.

Requires DTMB to contract a study to determine sufficient resources per pupil

SB 423 (H-3) (Colbeck), RC 786, 12/19/14, Passed: 72-38

Next: Returned to the Senate

The bill adds a section 1281A to the Revised School Code which requires the Department of Technology, Management and Budget to contract for a comprehensive statewide cost study to determine the sufficient resources per pupil to provide a public education.

Main Street Fairness Act

SB 658 (S-3) (ANANICH), RC 787, 12/19/14, Passed: 83-27

SB 659 (S-3) (ANANICH), RC 788, 12/19/14, Passed: 83-27

Next: Returned to the Senate

Senate Bills 658 (S-3) and SB 659 (S-3) require sales- and use-tax collection on internet and catalog purchases made from a seller outside of Michigan if the seller has an “affiliate” located in Michigan or is presumed to meet other designated criteria. These bills are often referred to as Main Street Fairness Acts, affiliate nexus laws, or “Amazon taxes” (after the internet retailer).

Provisions for raising the sales tax; allocation of revenue

HJR UU (Haveman), RC 789, 12/19/14, Passed: 94-16

Provisions for raising the sales tax; allocation of new revenue.

Set parameters pertaining to the M-1 RAIL

SB 695 (Richardville), RC 790, 12/19/14, Passed: 72-38

SB 696 (S-1) (SMITH), RC 791, 12/19/14, Passed: 72-38

SB 697 (Casperson), RC 792, 12/19/14, Passed: 72-38

Next: Returned to the Senate

Senate Bills 695-697 do the following: amend the definition of “street railway” under the Nonprofit Street Railway Act to clarify certain incorporation issues related to M-1 RAIL and the receipt of federal tax credits; amend the Nonprofit Street Railway Act to allow and set parameters for operating agreements between M-1 RAIL and road agencies whose right-of-way is used by M-1 RAIL; address utility issues within M-1 right-of-way; and provide a property tax exemption for property owned by the M-1 RAIL nonprofit organization.

Exempts aquaculture production facilities from the property tax

SB 786 (Caswell), RC 793, 12/19/14, Passed: 94-16

SB 787 (Caswell), RC 804, 12/19/14, Passed: 93-17

Next: Returned to the Senate

Senate Bill 786 (H-1) and Senate Bill 787 (H-1) are tie-barred bills that provide a tax rate for hydroponics production facilities and indoor aquaculture production facilities that, beginning in 2015, is 25% of the normal property tax rate in a given jurisdiction. The full tax rate would apply to new millages after the effective date of the bill.

Allows MSF to become involved with port facilities and dredging

SB 272 (Kowall), RC 794, 12/19/14, Passed: 79-31

Next: Returned to the Senate

SB 272 expands the powers given to the Michigan Strategic Fund (MSF) under the Michigan Strategic Fund Act (“the Act”) to allow the MSF to become involved with port facilities and dredging of certain harbors. The bill is part of a larger MSF package that includes Senate Bills 269, 270, 271, 272, and 278, as well as House Bills 4071, 4480, 4481, and 4482. Generally, the bills would expand the authority of, and provide greater latitude to, the MSF. Additionally, the bills would consolidate and eliminate reporting requirements.

Provides for transfer of certain land located in Wayne County

HB 5179 (Heise), RC 795, 12/19/14, Passed: 106-4

Next: Sent to the governor’s office

House Bill 5179 (Heise) would allow the State Administrative Board to convey to the state land bank all or part of the state-owned Western Wayne Correctional Facility, formerly known as the Detroit House of Corrections, in Plymouth Township for $1.

Limit certain uses of school district funds

SB 81 (S-2) (Hansen), RC 796, 12/19/14, Passed: 110-0

Next: Returned to the Senate

SB 81 (S-2) amends Section 1254 of the Revised School Code to expand the ability to reimburse actual and necessary expenses to its members and employees to include charter schools and the EAA. Additionally it expands the current allowance for a school district to issue credit cards to board members in compliance with the law to include board members of ISDs, charter schools and the EAA. Finally, the bill amends Section 1814 of the Revised School Code to expand the current ISD prohibition on purchasing booze, baubles –expensive or otherwise-, gifts, rounds of golf, or any time the purchase or possession of which is illegal to include school districts, charter schools, and the EAA.

Re-establish sentencing guidelines commission

HB 5928 (S-9) (Haveman), RC797, 12/19/14, Passed: 106-4

Next: Sent to the governor’s office

House Bill 5928 (Haveman) would re-establish a sentencing guidelines commission in Michigan. It will be called the “Criminal Justice Policy Commission” and have the general task of monitoring changes to Michigan’s sentencing practices and potential impacts.

Revisions to the Community Corrections Act

HB 5929 (Haveman), RC 798, 12/19/14, Passed: 106-4

Next: Sent to the governor’s office

House Bill 5929 (Haveman) makes revisions to the “Community Corrections Act,” which provides locally-operated alternatives to criminal offenders, as opposed to incarceration in prison.

Clarify that a person isn’t entitled to certain insurance benefits if vehicle was taken unlawfully

SB 1140 (H-2) (SMITH), RC 799, 12/19/14, Passed: 100-10

Next: Sent to the governor’s office

The bill would amend the Insurance Code to provide that a person would not be entitled to paid personal protection insurance benefits for accidental bodily injury if, at the time of the accident, the person were using a motor vehicle or motorcycle that was taken unlawfully, unless the person believed that he or she or the driver was entitled to use it.

Add certain DHS employees to list of individuals that can access restricted information

HB 5198 (S-2) (McCready), RC 800, 12/19/14, Passed: 110-0

Next: Sent to the governor’s office

House Bill 5198 (McCready) adds Department of Human Services (DHS) employees involved in a disciplinary action to the list of individuals and groups that can access certain restricted information.

Creates uniform child abduction prevention act

SB 325 (Jones), RC 801, 12/19/14, Passed: 95-15

Next: Returned to the Senate

Senate Bill 325 (Jones) creates the “Uniform Child Abduction Prevention Act” which would permit a court to order abduction prevention measures in a child-custody proceeding if a court finds that there is a credible risk of a parental abduction of a child.

Prohibits the use of aerial drones for taking game

SB 927 (Pavlov), RC 802, 12/19/14, Passed: 109-1

Next: Returned to the Senate

Senate Bill 927 (Pavlov) amends the Natural Resources Environmental Protection Act prohibiting an individual shall not take game using an unmanned aerial vehicle.

Investment in a hazardous waste deep disposal well facility

SB 1105 (HOPGOOD), RC 803, 12/19/14, Passed: 70-40

Staff: Patti Tremblay-Pluta (3-5894)

Next: Returned to the Senate

Investment in a hazardous waste deep disposal well facility by an investment fiduciary of a large sponsored system.

Requires schools to update their bullying policies

SB 74 (ANDERSON), RC 805, 12/19/14, Passed: 65-45

Next: Returned to the Senate

Requires schools to update their bullying policies within 6 months of the effective date of this bill to include cyberbullying as a form of bullying, include an assurance of confidentiality for an individual who reports an act of bullying with procedures to safeguard that confidentiality, and require the department to establish forms and procedure for school districts, including charters, to publicly report bullying on an annual basis.

Eliminates concealed weapons licensing boards

SB 789 (Green), RC 806, 12/19/14, Passed: 84-26

Next: Returned to the Senate

Eliminates concealed weapons licensing boards.

Updates reference in certain sentencing guidelines

SB 790 (Green), RC 807, 12/19/14, Passed: 85-25

Next: Returned to the Senate

Senate Bill 790 will make technical revisions to the sentencing guidelines to comport with changes made by SB 789 (MCL 777.11b). The bills would take effect July 1, 2015. Senate Bill 790 is tie-barred to Senate

Earmark 1 percent of use tax revenue for road funding

HB 5492 (S-2) (Poleski), RC 808, 12/19/14, Passed: 88-22

Next: Sent to the governor’s office

Earmark 1 percent of use tax revenue for road funding.

Revisions to the Motor Carrier Act

HB 5714 (S-1) (McCready), RC 809, 12/19/14, Passed: 98-12

Next: Sent to the governor’s office

Revisions to the Motor Carrier Act

Modifies statewide standards for FOIA costs

HB 4001 (S-1) (Shirkey), RC 810, 12/19/14, Passed: 101-9

Next: Sent to the governor’s office

Modifies statewide standards for FOIA costs

Implements a dining assistant program at nursing homes

HB 5389 (S-1) (CLEMENTE), RC 811, 12/19/14, Passed: 96-14

Next: Sent to the governor’s office

Implements a dining assistant program at nursing homes

Week of Dec. 15, 2014: Committee Meetings

Insurance

Agenda:

SB 993 - (Sen. Marleau) - Insurance; health; interstate health care compact; provide for.

Reported favorably from committee by a vote of 8-5-1

SB 1033 - (Sen. Colbeck) - Insurance; health; medical retainer agreements for routine health care services; define as noninsurance product.

Reported favorably from committee by a vote of 14-0

SB 1140 - (Sen. Smith) - Insurance; no-fault; eligibility for personal injury protection benefits; clarify that an excluded driver is not eligible and that any occupant who knows that a vehicle is unlawfully taken is not eligible.

Reported favorably from committee by a vote of 14-0

SB 211 - (Sen. Rocca) -Worker’s compensation; disabilities; occupational cancer; provide presumption for certain firefighters regarding.

Reported favorably from committee by a vote of 14-0

Elections and Ethics

Agenda:

SB 1167 - (Sen. Robertson) - Elections; petitions; requirement for petition circulators to be registered electors; eliminate.

Reported favorably from committee by a vote of 9-0

SB 1159 - (Sen. Richardville) - Elections; primary; presidential primary election date; revise. Testimony Only

SB 1160 - (Sen. Richardville) - Elections; primary; presidential primary election date; revise. Testimony Only

Joint Committee on Administrative Rules

Agenda:

JCAR #14-38 - Department of Licensing and Regulatory Affairs, Board of Nursing Home Administrators-General Rules. (2013-024 LR)

JCAR #14-39 - Department of Licensing and Regulatory Affairs, Public Service Commission, Gas Safety. (2013-070 LR)

JCAR # 14-41 - Department of Licensing and Regulatory Affairs, State Fire Safety Board, Health Care Facilities Fire Safety.(2012-120 LR)

JCAR #14-42 - Department of Licensing and Regulatory Affairs, Bureau of Construction Codes, Board of Mechanical Rules, License Examination Procedures. (2013-096 LR)

JCAR #14-44 - Department of Licensing and Regulatory Affairs, Podiatric Medicine and Surgery, General Rules. (2013-002 LR)

JCAR #14-45 - Department of Licensing and Regulatory Affairs, Podiatric Medicine and Surgery, Continuing Education. (2013-112 LR)

JCAR #14-43 - Department of Human Services, Bureau of Community Action and Economic Opportunity, Community Action Programs (2014-003 HS)

Appropriations

Agenda:

SB 961 - (Sen. Schuitmaker) - Human services; medical services; premium collection of individual’s total gross income; modify, and provide sunset.

Reported favorably from committee by a vote of 20-0

Education

Agenda:

SB 80 - (Sen. Hansen) - School aid; other; reporting of certain expenditures; require.

Reported favorably from committee by a vote of 16-0

SB 81 - (Sen. Hansen) - Education; school districts; limitations on certain uses of school district funds; provide for.

Reported favorably from committee by a vote of 16-0

SB 492 - (Sen. Caswell) - Education; attendance; eligibility for kindergarten early entry for school of choice students; revise school code to allow.

Reported favorably from committee by a vote of 16-0

SB 1142 - (Sen. Jansen) - Fire; other; standards for fire drills; modify for colleges and universities.

Reported favorably from committee by a vote of 16-0