Capitol Recap for the Week of Feb. 17, 2014

Friday, February 21, 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.

Feb. 18-20, 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.

Clarification that Certain Intercompany Transactions are eliminated for Determining Exemptions

HB 5009 (Farrington), Passed: 107-1

Next: Sent to governor for signature

HB 5009 clarifies that certain intercompany transactions are eliminated for purposes of determining exemptions, credits, and the filing threshold under Corporate Income Tax provisions.

Creation of the “Infant Safe Sleep Act”

HB 4962 (Haines), Passed: 105-3

Next: Sent to Senate for consideration

HB 4962 amends the Public Health Code to create the “Infant Safe Sleep Act.”

Extension of the Saginaw Renaissance Zone

SB 553 (Kahn), Passed: 87-21

Next: Sent to governor for signature

SB 553 would extend the Saginaw Renaissance Zone.

Amendment to the Downtown Development Authority Act to Allow Certain Revenues to be used for the Agricultural Industry

HB 4487 (OAKES), Passed: 81-27

Next: Sent to Senate for consideration

HB 4487 amends the Downtown Development Authority Act to allow certain revenues to be used for the agricultural industry. Current law prescribes the allowable actions of the Downtown Development Authority (DDA) Board. For example, the DDA board may study and analyze the impact metropolitan grown has on the downtown district; implement any development plan necessary to achieve the Act’s goals; enter into contracts necessary to exercise its powers; lease any building under the Authority’s control; create, operate, and fund marketing initiatives benefitting only retail and general marketing; create, operate and fund loan programs to fund improvements for existing buildings and create, operate, and fund retail business incubators in the downtown district.

Exemption of Helmet Requirement when Property Owner is Operating an ORV on their Land

HB 5191 (Rendon), Passed: 99-9

Next: Sent to Senate for consideration

HB 5191 is a bill which would create an exemption to the helmet requirement when the property owner is operating an ORV on their own land.

Limiting the Amount of Temporary Motorcycle Instruction Permits

HB 4781 (Jacobsen), Passed: 108-0

Next: Sent to Senate for consideration

HB 4781 prohibits the Secretary of State from issuing more than 2 motorcycle temporary instruction permits to an individual in a 10-year period, beginning January 1, 2015.

Elimination of Requirement that MDOT Sell or Lease Specific Rail Lines

SB 263 (Caswell), Passed: 108-0

Next: Sent to governor for signature

SB 263 eliminates language in the State Transportation Preservation Act that encourages the Michigan Department of Transportation (MDOT) to sell or lease specific rail lines currently owned by the State and further eliminates several requirements pertaining to the process under which the department may sell or lease these rail lines.

Waiver of Requirement that a License Plate Be Displayed on a “Historic Military Vehicle”

SB 463 (Caswell), Passed: 108-0

Next: Sent to governor for signature

SB 463 waives the requirement that a registration plate be displayed on a vehicle for a “historic military vehicle.”

Definition of “Diverted Waste”

HB 5005 (LaFontaine), Passed: 110-0

Next: Sent to governor for Signature

HB 5005 amends the Natural Resources and Environmental Protection Act to define ‘diverted waste’ and ‘waste diversion center’.

Allowing the DNR to Convey the Rogue River Streambank Access for $1

HB 5141 (MacGregor), Passed: 110-0

Next: Sent to Senate for consideration

HB 5141 would allow the Department of Natural Resources (DNR) to convey to Kent County the Rogue River Streambank Access for $1.

Granting the use of General Fund/General Purpose funds for Mental Health Services for County Jail Inmates

SB 557 (Schuitmaker), Passed: 110-0

Next: Sent to Senate for consideration

SB 557 amends the Mental Health Code to prohibit the Department of Community Health from prohibiting the use of state General Fund/General Purpose funds for mental health services provided to county jail inmates. Specifically, if a Community Mental Health Services Program (CMHSP) has entered into an agreement with the county or the county sheriff to provide mental health services to the jail inmates, DCH may not prohibit the CMHSP from using state GF/GP to provide these services.

Requiring that Each County have A Written Interagency Agreement to Provide Mental Health Treatment for Individuals at Risk for being incarcerated

SB 558 (Schuitmaker), Passed: 110-0

Next: Sent to Senate for reconsideration

SB 558 requires each county to have a written interagency agreement to provide mental health treatment and assistance to certain individuals at risk for being incarcerated or not receiving treatment while incarcerated or upon discharge.

Date Change for When an Election Must Take Place for a Vacant Local Office

HB 5152 (Lyons), Passed: 109-0

Next: Sent to Senate for consideration

HB 5152 would amend the Michigan Election Law to change the date when an election must take place in order to fill a vacant local office. This bill is necessary because of a conflict created by a change made to the Michigan Election Law in 2012. House Bill 5152 would also amend the law to exempt a registered voter’s social security number from a Freedom of Information Act request.

Requirement of Disclosure on Issue Advertisements

HB 5222 (Forlini), Passed: 109-0

Next: Sent to Senate for consideration

HB 5222 would amend the Michigan Campaign Finance Act to require disclosure on issue advertisements 60 days prior to a primary, and that disclosure requirement would continue through that primary’s election. This change would apply to ALL elections, not just an August and November election.

Revision of Procedure for Preliminary Examinations in Criminal Cases and Establishment of a “Probable Cause Conference”

HB 5154 (Leonard), Passed: 110-0

Next: Sent to Senate for consideration

HB 5154 would revise the procedure for preliminary examinations in criminal cases and establish in statue a “probably cause conference,” which is already in practice in many jurisdictions throughout Michigan.

Week of Feb. 18, 2014: Committee Meetings

For each bill considered I will include the vote total or write “testimony only” if no vote was taken. Due to the complexity of certain issues, some bills receive multiple committee hearings before being put to a vote. If you would like to read further analysis of a bill you can access that at www.legislature.mi.gov.

If you would like to read the minutes from a particular hearing or testimony on a bill, you can access that by going to http://house.mi.gov/MHRPublic/committee.aspx and selecting the relevant committee from the dropdown menu.

Appropriations Subcommittee on Agriculture and Rural Development

Agenda:

  • Presentation by MDARD director on the Governor’s Executive Recommendation and Department Overview

Appropriations Subcommittee on General Government

Agenda:

Testimony on proposed FY 2014-15 budgets from:

- Department of Treasury
- Secretary of State

Energy and Technology

Agenda:

  • Presentation by the Michigan Public Service Commission (MPSC) on Electricity Cost Allocation and Rate Design

Regulatory Reform

Agenda:

SB 575 - (Sen. Schuitmaker) - Occupations; health care professions; disciplinary subcommittees; provide for removal of members for conflicts of interest.

Testimony Only

SB 576 - (Sen. Schuitmaker) - Public employees and officers; ethics; penalties for noncompliance with conflict of interest disclosure; implement into statute.

Testimony Only

SB 577 - (Sen. Jones) - Occupations; health care professions; grounds for administrative sanctions; expand for licensed health professionals.

Testimony Only

SB 578 - (Sen. Jones) - Health; occupations; decisions of disciplining subcommittees; establish process for review before decision is final.

Testimony Only

Transportation and Infrastructure

Agenda:

HB 5117 - (Rep. Victory) - Counties; boards and commissions; transfer of functions of a county road commission to the county board of commissioners; eliminate sunset.

Testimony Only

HB 5118 - (Rep. Victory) - Counties; boards and commissions; powers and duties of county road commissioners to be exercised by the county board of commissioners; eliminate sunset.

Testimony Only

Presentation by the Michigan Department of Technology, Management and Budget on self-funded web portal development models used in other states.

Appropriations Subcommittee on School Aid

Agenda:

Year-Round School Calendar

Appropriations Subcommittee on Education

Agenda:

Child Development and Care Program

Appropriations Subcommittee on Transportation

Agenda:

- Review of governor’s FY 2014-15 State Transportation Budget Proposal by House Fiscal Agency
- Bill Sheffer, Michigan RVs and Campgrounds Association, George Moroz, The Henry Ford, on Michigan Tourism
- Other public testimony

Appropriations: Subcommittee on Military and Veterans Affairs

Agenda:

Overview presentation by the Department of Military and Veterans Affairs on the FY 2014-15 Executive Recommendation

Joint Committee on Natural Resources and Tourism

Agenda:

Presentation on Aquatic Nuisance Species and the Great Lakes Mississippi River Interbasin Study (GLMRIS)

Oversight

Agenda:

-Public Testimony on the Open Meetings Act

HB 5193 - (Rep. McMillin) - Civil rights; open meetings; closed-door sessions for trial or settlement strategy; allow only if matter being discussed is currently being litigated.

Testimony Only

HB 5194 - (Rep. McMillin) - Civil rights; open meetings; accountability for penalties for violating open meetings act; limit defenses.

Testimony Only

Appropriations: Subcommittee on Environmental Quality

Agenda:

  • HFA Overview of the FY 2014-15 Executive Budget Recommendation
  • Budget presentation by the Department of Environmental Quality

Appropriations: Subcommittee on Higher Education

Agenda:

State Budget Office presentation on FY 2014-15 Executive Recommendation

Agriculture

Agenda:

Discussion on Bovine Tuberculosis

Tax Policy

Agenda:

HB 5265 - (Rep. Somerville) - Individual income tax; rate; rollback of rate; provide for.

Reported favorably from committee by a vote of 12-2-1

HB 5266 - (Rep. Kelly) - Individual income tax; rate; rollback of rate; provide for.

Reported favorably from committee by a vote of 12-2-1

HB 5267 - (Rep. Farrington) - Individual income tax; rate; conditional rollback of rate; provide for.

Reported favorably from committee by a vote of 12-2-1

SB 114 - (Sen. Gregory) - Property tax; assessments; assessment of commercial rental property; revise.

Testimony Only

SB 711 - (Sen. Marleau) - Sales tax; exemptions; tax exemption on tangible personal property used in construction or renovation of qualified convention facility; extend sunset.

Testimony Only

SB 735 - (Sen. Marleau) - Use tax; exemptions; tax exemption on tangible personal property used in construction or renovation of qualified convention facility; extend sunset.

Testimony Only

Criminal Justice and Appropriations Subcommittee on Corrections

Agenda:

Presentation given by The Council of State Governments (CSG) Justice Center on their sentencing study and justice reinvestment efforts in Michigan.

Appropriations Subcommittee on State Police

Agenda:

Department of State Police presentation on the FY 2014-15 Executive Recommendation

Appropriations Subcommittee on Community Health

Agenda:

Executive Budget Recommendation for Fiscal Year 2014-15 on Public Health, Office of Services to the Aging, Health Policy, and Crime Victim Services Commission

Appropriations Subcommittee on Licensing and Regulatory Affairs

Agenda:

  • Discussion with Carole Engle, Director of the Bureau of Health Care Services (BHCS), on the implementation of improvements to the information technology system utilized by nursing home surveyors
  • Discussion with Irvin Poke, Director of the Bureau of Construction Codes (BCC), on the implementation of improvements to the information technology system utilized for permitting and licensing programs

Education

Agenda:

HB 5223 - (Rep. O’Brien) - Education; teachers; performance evaluation requirements for teachers; revise.

Testimony Only

HB 5224 - (Rep. Zemke) - Education; employees; performance evaluation requirements for school administrators; revise.

Testimony Only

Commerce

Agenda:

SB 427 - (Sen. Walker) - Employment security; benefits; eligibility for unemployment compensation benefits; exempt oil, gas, and mineral landmen.

Reported favorably from committee by a vote of 18-0

HB 4526 - (Rep. Barnett) - Businesses; business corporations; benefit corporations; create.

Testimony Only

HB 4527 - (Rep. Schmidt) - Businesses; business corporations; benefit corporations; authorize in business corporation act.

Testimony Only

Appropriations: Subcommittee on Human Services

Agenda:

Public Testimony

Families, Children and Seniors

Agenda:

HB 5039 - (Rep. Kurtz) - Children; protection; duties of children’s ombudsman; expand.

Reported favorably from committee by a vote of 9-0

HB 4855 - (Rep. Kurtz) - Gaming; lottery; lottery winners; require lottery bureau to pay any indebtedness to department of human services.

Reported favorably from committee by a vote of 9-0

SB 276 - (Sen. Hune) - Human services; other; public assistance recipients to perform community service as a condition of eligibility; require.

Testimony Only

Appropriations: Subcommittee on Corrections

Agenda:

House Fiscal Agency Overview of the FY 2014-15 Executive Budget Recommendation

Appropriations: Subcommittee on Joint Capital Outlay

Agenda:

  • FY 2013-14 Michigan Natural Resources Trust Fund Appropriations
  • FY 2013-14 Construction Authorizations
  • FY 2013-14 Scope and Cost Adjustments

Financial Liability Reform

Agenda:

HB 4964 - (Rep. Walsh) - Retirement; investments; automatic enrollment in certain retirement plans; allow public employers to provide and limit liability for default investment decisions.

Testimony Only

Judiciary

Agenda:

HB 4155 - (Rep. Nesbitt) - Weapons; licensing; certain firearm licensing information; exempt from freedom of information act.

Testimony Only

HB 5324 - (Rep. Jenkins) - Weapons; licensing; firearm records; clarify exemption under the freedom of information act.

Testimony Only

HB 5325 - (Rep. Crawford) - Weapons; licensing; definition of firearms records; provide for.

Testimony Only

HB 5326 - (Rep. McBroom) - Weapons; licensing; firearms records; clarify what records are exempt under the freedom of information act.

Testimony Only

HB 5327 - (Rep. Rendon) - Weapons; licensing; firearms records; exempt from freedom of information act and provide for disclosure only under certain circumstances.

Testimony Only

HB 5328 - (Rep. Cotter) - Weapons; licensing; firearm records; clarify what is exempt under the freedom of information act.

Testimony Only

HB 5329 - (Rep. Pettalia) - Criminal procedure; sentencing guidelines; sentencing guideline for certain firearm licensing information; provide for.

Testimony Only

SB 610 - (Sen. Green) - Weapons; firearms; manufacture, possession, or transfer of certain short-barreled shotguns or rifles; allow.

Local Government

Agenda:

HB 5160 - (Rep. Price) - Property tax; payment and collection; liability for collection of taxes; modify.

Reported favorably from committee by a vote of 11-0-1

SB 437 - (Sen. Nofs) - Local government; intergovernmental affairs; separate legal entities provided in interlocal agreements under the urban cooperation act of 1967; clarify.

Reported favorably from committee by a vote of 12-0

HB 4804 - (Rep. Lund) - Labor; collective bargaining; prohibited subjects of bargaining; include bargaining in conflict with ordinance or charter provision prohibiting defined benefit retirement plans.

Testimony Only

HB 5045 - (Rep. Cotter) - Vehicles; other; use of golf carts on local streets; allow under certain circumstances.

Testimony Only

HB 5253 - (Rep. Brown) - Property tax; equalization; waiver of certification level requirements for equalization director; modify.

Testimony Only

Appropriations: Subcommittee on Community Colleges

Agenda:

  • Michigan New Jobs Training Program
  • Workforce Issues

Appropriations: Subcommittee on Natural Resources

DNR Presentations:

  • Belle Island State Park
  • Michigan State Park Program and Funding Overview
  • State Dredging Program Update