News

HB 4264, HB 6247 and SB 1296 Allow Single-sex Schools

These bills would allow single-sex schools. SB 1296 would allow any school district in Michigan to establish and maintain single-sex schools, classes or programs if a substantially equal school, class or program is made available to pupils of each gender. The language states that the school district can NOT require participation by any pupil in the single sex school. HB 4264 would allow only Detroit Public Schools to establish and maintain single-sex schools, and HB 6247 amends the Elliott-Larsen Civil Rights Act to allow single gender schools. SB 1296 passed 79-27, HB 4264 passed 81-25, and HB 6247 passed 80-26.

HB 5142, HB 5143, HB 5153, HB 5548, SB 1046 and SB 1185 Create the Self-Defense Act

This package of bills creates the 'Self-Defense Act' by codifying and expanding the right to self-defense and the defense of others; removes the duty to retreat in certain circumstances; and provides criminal and civil immunity for individuals acting under the Act. All the bills in the package passed 90-17, except HB 5142 which passed 91-16.

HB 6041, HB 6257, HB 6258 and HB 6259, Increase Preferences for Michigan-based Companies

The 4-bill package: establishes reporting requirements for the Department of Management and Budget regarding state contracting; give additional preference to Michigan based businesses for contracts; requires establishment of a Michigan Business Purchasing Assistance Program; and requires the establishment of a web-based procurement database. HBs 6041 and 6257 passed 102-4, and HBs 6258 and 6259 passed 106-0.

HB 5698 Require "Divorce Effect Program"

This bill would require divorcing couples who were parents of a minor child, or where one of the parties was the physical custodian of a minor child, or where the wife was pregnant or became pregnant after the case was filed but before it was finalized to complete a divorce effect program. The couple would not be required to attend together, but would have to complete the program before the divorce judgment could be entered. Among other things, a divorce effects program would have to cover, with regard to the child, the child's developmental stages, responses to the divorce, symptoms of maladjustment to the divorce, and response to maladjustment, education or counseling options. Bill passed 77-28.

HB 5699 Premarital Education Program

This bill allows couples who undergo an approved premarital education program to marry up to three days faster than couples who do not participate in such a program. The premarital education program would have to be at least four hours in length and cover the following topics: conflict management, communication skills, financial matters, and child and parenting responsibilities. Bill passed 73-32.

HB 5701 Require Parenting Plans for Divorcing Parents

This bill would require parents involved in a divorce to file with a court a proposed parenting plan before a hearing on or determination of issues regarding a child of the marriage. Bill passed 71-33.

HB 5702 Allow Clerics to Collect Payment for Counseling

This bill would allow a cleric or other religious practitioner to collect payment for marriage or family counseling services. Bill passed 92-13.

HB 5703 Track Pre-marital Counseling

This bill would require the officiant at a marriage to indicate on the marriage certificate whether the parties had taken pre-marital education training proposed by House Bill 5699. Bill passed 92-12.

SB 1196 Revise Rules for Releasing Parole Violators

The bill would specify that although a parolee is entitled to a hearing on revocation within 45 days of being returned to custody, failure to hold that hearing within that timeframe does not entitle the parolee to be released. The bill is one of several bills in response to Patrick Selepak being improperly released on parole and committing several murders earlier this year. Bill passed 106-0.

HB 5967 Tighten Probation Rules

This bill establishes that as a condition for eligibility for discharge and dismissal of an assault and battery or aggravated assault domestic violence charge after the successful completion of a probation period, and that the accused not have been previously convicted of an assaultive crime. The bills are in response to Patrick Selepak being improperly released on parole and committing several murders earlier this year. Bill passed 104-0.

HB 4870 and HB 5836 Revise Funeral Arrangement Authority

These bills establish the order of priority in which family members are entitled to make funeral and burial arrangements for a deceased relative, as well as autopsies and anatomical gifts. All three bills passed unanimously. Both bills passed 104-0.

SB 1074 Lower Fuel Tax for Certain Biofuels

This bill would lower the gas tax on gasoline that contains from 70 percent to 85 percent ethanol from 19-cents to 12-cents per gallon, and on diesel fuel that contains 5 percent biodiesel from 15-cents to 12-cents per gallon. Bill passed 105-0.

SB 727 Create the DefenseContractCoordinationCenter

This bill creates the 'Defense Contract Coordination Center' within the Michigan Economic Development Corporation. The Center will focus on job creation and job retention from business opportunities in association with the procurement technical assistance centers (PTAC) or with defense, homeland security, and other government contracts. Bill passed 100-5.

HB 6035 Establish "Full-time Job" Definition for MEGA

This bill establishes a new definition of "full time work" for purposes of granting Single Business Tax (SBT) breaks under the Michigan Economic Growth Authority (MEGA) law, which requires firms to add or retain a certain number of jobs to qualify. Under the new definition, a "full-time job" would include a job performed by an individual at a business that sells all or part of its assets to an eligible business that is receiving a MEGA SBT credit. The legislation is needed to complete pending MEGA deals with Ford/Visteon and General Motors/Delphi. Bill passed 106-0.

HB 6213 Return to Federal Overtime Regulations

This bill will amend Michigan's minimum wage law to allow the federal standard for overtime to continue after October 1, 2006 when the state's minimum wage is increased higher than the federal minimum wage. This bill would in effect take away eligibility for overtime pay away from thousands of Michigan workers. The bill passed 58-49.

HB 5942 Allow Expansion of Renaissance Zones

This bill would allow a local government with a renaissance zone to designate distinct geographic areas, or "subzones,"as part of the zone, with the approval of the board of the Michigan Strategic Fund, and the bill allows local governments to extend the duration of one or more portions of a renaissance zone by up to 15 years if additional capital investment and job creation would occur as a result. Bill passed 105-0.

HB 6043 Expand Eligibility of the Commercial Redevelopment Act

This bill would loosen the eligibility requirements for the property tax breaks authorized under the Commercial Redevelopment Act of 2005. That Act was passed with obsolete shopping malls in mind (in particular the Summit Place Mall in Oakland County) and allowed them to be renovated without increasing their property taxes. Bill passed 105-0.

SB 1224 Bicycle Riders' Rights and Resposibilities

This bill clarifies bicycle riders' rights and responsibilities when riding on streets and roads. Specifically, the bill specified that bicycles are limited to riding to two abreast, unless on a bike path or a specified bike lane on the road. The bill would also require bicycle riders to stay all the way over on the right when riding on a road, except for situations defined in the bill, and it requires riders using the sidewalk (where allowed) to yield to pedestrians, and requires them to make an audible signal when passing pedestrians. In addition the bill specifies that vehicles must yield to bicycles lawfully within an intersection or an adjacent crosswalk. Bill passed 101-3.

HB 5816 Revise Student Health Insurance Coverage

The bill would prevent health insurance companies from terminating coverage for full or part-time college students who are required to take a leave of absence from school due to injury or illness. Bill passed 105-0.

SB 971 and SB 972 Restrict Sale of State Park Land

These bills prohibit the Department of Natural Resources from designating any land in state parks as "surplus," which makes the land eligible to be sold. SB 971 prohibits the Department of Natural Resources from selling more than 100 acres or 15 percent of a state park, wilderness area, wild area, or natural area unless the legislature passes a law allowing it. The bill also requires proposed sales to first be referred to the 17-member citizens committee for Michigan state parks for a recommedation, and for public hearings to be held on proposed sales. The bills passed 103-2 and 101-3, respectively.

SB 1198 Require Lead Testing for WIC Recipients

There is norequire that all children whose families receive benefits under the Women, Infants and Children (WIC) supplemental nutrition program be given lead screening tests. Bill passed 103-2.

HB 4160 Increase Cap for Small Claims Court

This bill would increase the maximum amount that may be recovered in small claims court from $3,000 to $6,000. Bill passed 102-2.

HB 4468 Expand the Classification of Agricultural Property

This bill expands, for tax purposes, the classification of agrcultural property. Property classified as agricultural is exempt from the 18 mill local school operating millage. Specifically the bill defines property used for the following purposes as agricultural: horse boarding and horse training facilities, facilities for raising horses and captive deer, moose, or elk, and game bird hunting preserves. Bill passed 90-17.

HBs 6223-6235 Insolvent Insurance Companies

This package of bills amends the Insurance Code to make significant changes to the provisions dealing with insolvent insurance companies. The Michigan Property and Casualty Guaranty Association (MPCGA) is responsible for handling "covered claims" on behalf of insolvent carriers. The bill would expand the means by which the MPCGA is able to accomplish its duty to protect the interests of insureds and claimants who will be affected by an insurance company's insolvency and plan for the company's liquidation, if necessary. The entire package passed unanimously.

SB 1107 Approval of Final Plats for Subdivisions

The bill amends the Land Division Act to clarify that County Road Commissions shall approve a deposit in lieu of completed improvements when evaluating final plats for new subdivisions and specifies that County Road Commissions may approve or reject the use of cul-de-sacs within new subdivisions on a case-by-case basis, but cannot adopt a policy that strictly prohibits all cul-de-sacs. Bill passed 102-0.

HBs 5955-5958 Regulate Internet "Trading Assistants"

This package of four bills would impose regulations on internet "trading assistants." These are companies or individuals who assist other persons with posting and selling items through on-line auction web sites such as eBay. Trading assistants would be required to have a fixed place of business in the state; post certain details of the merchandise on the web site, including make, model, serial number and more; be searchable by state or zip code on the web site; maintain detailed sale records for two years; give local police access to the place of business during regular working hours; give police the sellers name, address and drivers license number, plus a description of the property within 24 hours of entering a contract to assist in a sale; accept payment only by check or electronic transfer, not cash; and remove the item from the web site immediately if informed that it is stolen. House Bills 5955 passed 103-1, and House Bills 5956, 5957, and 5958 passed 104-1.

HB 5337 Protect Custodial Arrangement of Veterans in Active Duty

This bill would amend the Michigan Military Act to provide protections for the custody arrangement of a reserve unit member or National Guard member who is called into active duty. Specifically, it would preserve the child's custodial placement that exists when a parent is called into active duty while that parent is actively serving. Bill passed 105-0.

SB 1121 Allow Bachelor's Social Workers to Perform Preadmission Screening

This bill would allow licensed Bachelor's Social Workers (BSW) to provide preadmission screening services at community mental health (CMH) preadmission screening units. These units provide 24-hour availability for assessment and screening services for individuals being considered for admission into hospitals or alternative treatment programs. Bill passed 107-0.

HB 5953 Divorce Settlement Procedures

This bill would establish procedures and stipulations related to the division of annuities, pensions and retirement benefits in divorce settlements. Bill passed 105-0.

HBs 6162, 6164 & 6165 Streamline Wetland Permits

This three-bill package intends to streamline the process for obtaining, transferring, or making minor revisions to a wetlands permit. All three bills passed unanimously, 104-0.

HB 6249 Revise Scholarship Funding

The bill would allow the Michigan Higher Education Assistance Authority (MHEAA) to appropriate $3 million of its operating fund money to the State Competitive Scholarship program and the Tuition Incentive Program (TIP). Bill passed 105-0.

SB 443 Change Sixth Grade Teacher Certification

This bill changes the teacher certification requirements for teaching sixth grade so that a teacher can have either an elementary or a secondary education certificate. Bill passed 104-0.

SB 541 Revise Structured Settlement Act

This bill revises the Michigan structured settlement act to comply with National Conference of Insurance Legislators (NCOIL) recommendations. A "structured settlement" is the settlement of a tort or insurance claim by way of a series of future installment payments instead of a lump-sum payment. The bill would establish regulations for "factoring" transactions, in which the injured party sells the right to continued payments for a lump sum, in an amount discounted from the present value of the structured settlement payments. Bill passed 106-0.

HB 6031 Diesel Tax Liability on Leased Trucks

This bill would eliminate the sunset on a provision that relieves a nonresponsible party in a commercial vehicle lease agreement from liability for taxes due under the motor fuels tax law, if the lease contract defines who is responsible for the tax. Bill passed 105-0.

SCR 49 GogebicCommunity College Renovation

This concurrent resolution would convey property and establish a lease agreement between the State, the State Building Authority (SBA), and Gogebic Community College for the Special Maintenance renovation project. The project consists of roof repairs, an elevator upgrade, and renovations to the chemical lab hoods and ventilation systems. The resolution was adopted 107-0.

SCR 50 Lake SuperiorStateUniversity Renovation

This concurrent resolution would convey property and establish a lease agreement between the State, the State Building Authority (SBA), and Lake Superior State University for the Special Maintenance renovation project consisting of a campus electrical loop upgrade. The resolution was adopted 107-0.

HB 5456 Forestry Products Processing Facility Renaissance Zones

These bills allow for the creation of up to ten forest products processing facility renaissance zones. SB 919 creates tax breaks for forest products processing facilities in the renaissance zone. HB 5456 defines a "Forestry Products Processing Facility" as one or more facilities or operations (and the surrounding property) that transform, package, sort, recycle or grade forest or paper products into goods that are used for intermediate or final use or consumption or for the creation of biomass or alternative fuels through the utilization of forest products or forest residue. Both bills passed 107-0.

SB 1105 Create Apprentice Hunting License

This bill would create an apprentice hunting license which would allow an apprentice hunter to be exempt from the hunter safety training requirement. An "apprentice" would have to he accompanied in the field by an adult with a regular hunting license. A person could obtain an apprentice license for the same price as a corresponding license. Bill passed 95-12.

HB 6072 Non-manufacturer Liability Immunity

This bill lessens consumer protection by eliminating a "breach of any implied warranty" as grounds for allowing a product liability lawsuit against the seller who is not the manufacturer of a product. Bill passed 56-48.

HB 6173 Clarify Background Checks for School Employees

This bill clarifies various provisions of the new law, that requires criminal background checks on all school employees. The bill does not make any major substantive changes to the law, but mostly clarifies provisions regarding contract workers who are not regular school employees, and the transferability of the background check information between schools. Bill passed 105-0.

HB 6174 Background Checks for Child Care Providers

This bill establishes that the criminal background checks required for child care providers need only be performed one time if the provider remains continuously licensed, and require them to follow the background check regulations that apply to school employees if the child care service is operated within a school. Bill passed 105-0.

HB 5961 Allow Use of Headlamp Modulators

The bill would allow for the use of a headlamp modulator by motorcycle and moped operators which could be operated only from one-half hour before sunrise and one half hour after sunset. Headlamp modulators are used to produce a strobe-like or flickering effect in a motorcycle headlamp which makes them more easily to see in dawn or dusk twilight conditions. Bill passed 104-0.

HB 6084 Modify Commercial Drivers License Requirements

This bill modifies various provisions of the state commercial drivers license requirements so as to comply with new federal laws. The bill also transfers the responsibility for the Lighthouse specialty plate program fund administration from the Secretary of State (SOS) to the History, Arts and Libraries department (HAL). Bill passed 106-0.

SB 1182 Local Road Fund Transfers

This bill would provide local units of government with the ability to transfer up to 50 percent of their major road fund to their local road fund without an asset management plan in place. The current limit is 25 percent. Bill passed 105-0.

SB 784 Tax Exemption for Health Centers

The bill clarifies that federally qualified health centers are exempt from property taxes, retroactive to December 31, 2004.

HB 5947 Expand Neighborhood Enterprise Zones

This bill would allow certain real estate developments in Detroit to be defined as neighborhood enterprise zones, which means they would be subject to lower property taxes than are levied on houses located elsewhere. Bill passed 102-0.

HB 6069 Revise School Borrowing Regulations

This bill amends the Revised School Code to change the maximum number of months, from twelve to thirteen months, for which school aid anticipation notes may be issued. School Aid anticipation notes are short-term loans schools borrow against their expected school aid payments for the year. Bill passed 106-0.

HB 4807 Traffic Law Enforcement on Private Roads

This bill would allow local law enforcement agencies to enter onto private roads not open to the general public, regardless of where the violation occurred, to enforce the uniform traffic code if signs meeting the requirements of the Uniform Manual of Traffic Control Devices are posted on the private road by the person who is in charge of the private road. Bill passed 104-0.

HB 4375 Encourage Instruction of Warning Signs of Depression

This bill would encourage local school boards to include in their curriculum age-appropriate instruction concerning the warning signs and risk factors of depression and suicide. Bill passed 104-0.

SB 1108 School Drills During Non-class Time

This bill requires that some of the safety drills that schools have (fire, tornado, lockdown, etc.) must be held during non-class time. Bill passed 56-46.

HB 5874 Increase Penalty for Working in a Licensed Field without a License

This bill increases the penalty increase the fines and penalty for engaging in a licensed occupational activity without a license. The bill increases the maximum fine from $500 to $5,000.00 for the first offense, and second and subsequent offenses will become a felony with fines not more than $10,000. Bill passed 83-22.

SB 403 Licensure for Nutritionists and Dieticians

This bill provides for licensure, regulation, and title protection of dietitians and nutritionists in the state of Michigan. Bill passed 84-21.

HB 6125 Licensure for Boiler Operators

This bill would impose new requirements on steam boiler operators, including new categories of licensure and registration, new fees, new training and experience standards. Bill passed 100-3.

SB 673 School Administrator Certification Program

This bill would require the state Board of Education to create a voluntary school administrator certification program, and develop requirements and endorsements for the voluntary certificate. The certificate would give evidence of having met certain professional and education requirements, but would not be required to obtain or hold a school administrative position. Bill passed 77-25.

SB 435 Revise Bingo Prizes and Licenses

This bill will increase the total value of all prizes that may be awarded through large bingo and delete restrictions on the number of bingo licenses issued for the same day at one location as well as the number issued to a qualified organization for one day. Bill passed 93-12.

Revise Licensure Under the Public Health Code

HB 6138 Nurses

HB 6141 Physicians and Physician Assistants

HB 6142 Chiropractors (106-0)

HB 6143 Psychologists

HB 6148 Osteopathic Physicians

HB 6149 Podiatrists

HB 6150 Counselors

HB 6205 Pharmacists

HB 6206 Nursing Homes

HB 6207 Marriage and Family Therapists

HB 6208 Physical Therapists and Athletic Trainers

This package of bills that transfers provisions for title protection and board terms of expiration from general provision sections under the Public Health Code to each individual health occupation licensing act as listed above. The bills make no substantive changes to the law, but would simplify the process of amending licensing provisions for health occupations. All the bills passed unanimously.

All of the budget conference reports (eight Senate bills and one House omnibus bill) were passed this week. The conference reports represent work done by both the House and Senate, as well as subsequent leadership agreements reached in target meetings and by conference committees.

HB 5796 Omnibus Budget for Fiscal Year 2006-2007

Article 1 (Agriculture)

The budget will provide better consumer protections by adding funding for food and dairy inspections and increases funding for Agriculture marketing and development. The Emerald Ash Borer program is decreased by $9.9 million due to a decrease in federal funding. Conservation District funding is maintained at current year levels.

Article 7 (General Government)

SHARE grants to increase revenue sharing payments were not included in the Conference Report. The budget mostly retains Executive recommendations. Also included is new "cybershame" program, which puts the names of major delinquent taxpayers on the Internet (after they have been notified and given the opportunity to arrange payments), is estimated to bring in $5 million for the Department of Treasury.

Article 9 (History, Arts and Libraries)

The budget increases State Aid to Libraries by $12.1 million and Book Distribution Centers by $350,000. Arts and Cultural Grants received a 3 percent reduction from the current year. The House recommended a 3 percent increase.  The Conference Report contains no prohibition for funding of the Ann Arbor Film Festival. The House passed budget prohibited funding for the festival.

Article 10 (Human Services)

• All major welfare (FIP) reform proposals have been eliminated from the FY 06-07 budget. (e.g. 48 month lifetime limits, 24 month consecutive limits, increased sanctions, etc.)
• FIP payment standards are maintained at what was formerly knows as Shelter Area VI (the highest standard) in accordance with a recent change in internal DHS policy.
• Increased funding for 146 new staff to expand Jobs, Education and Training (JET) pilot program to cover 49% of Michigan Family Independence Program (FIP) recipients. This is in line with the revised executive recommendation from June 2006.
• An appropriation of $460,000 for FIP transitional payments, in line with the executive recommendation. These payments are to be $10 per month to those FIP recipients who have passed the income threshold beyond which they would no longer receive regular FIP payments. The payments serve two purposes; first, they assist low income families in the transition from welfare to work, and second, they allow the state to keep these cases open in order to count them towards federal work requirements. This accounting trick is intended to help the state avoid severe federal penalties that result from having less than 50% of FIP recipients working in the upcoming fiscal year.
• Increased appropriation for the hiring of 51 additional Child Protective Services (CPS) workers.
• A 5% increase for foster care agencies, which equates to a $0.92 increase, and a standard foster care day rate of $19.40.

Article 11 (Judiciary)

The budget is generally in concurrence with the Executive Recommendation. The conference report recommends a slight increase of less than 0.5 percent. The bulk of these increases are economic in nature – they reflect changes in the cost of items or increases in the funding available. The report does include funding for four new circuit court judgeships that are already set to begin on January 1, 2007 ($479,400).

The conference report reduces $500,000 from GF/GP (as did the Governor's recommendation), but it does not include the $900,000 increase to assist with the increased workload due to the Supreme Court decision in Halbert v Michigan (which overruled the Engler era practice of not providing indigent counsel on certain appeals).

Article 12 (Labor and Economic Growth)

• Jobs, Education and Training (JET) Program funding is increased by $12.3 million to provide additional support for the Work First Program.
• General Fund dollars added to replace federal funding for Work First, $5.6 million.
• Additional funding for fire protection grants, $3.7 million
• Provides $2 million increased funding for Workforce Development training for the disabled and $5 million for Section 8 housing and rental payments.
• Adds $300,000 and 4 FTE's to handle inquiries regarding Michigan's new minimum wage law.

• Funds may not be used to develop ergonomics standards that are more stringent than voluntary Federal guidelines. New language is added to require a report to the Legislature regarding Department activities related to ergonomic rule promulgation.
• Funds may not be used to develop rules, guidelines, standards, etc. governing PEO's that are more stringent than current statute.

Article 13 (Michigan Strategic Fund)

The recommended funding for Job Creation services is $17.4 million. Travel Tourism program remains constant at $5.7 million. Federal Community Development Block Grant program remains at $45 million. Economic Development Job Training Grants remain at $9.7 million. Boilerplate was added that requires the MEDC to contract with a state research university in Michigan to conduct a scientific study of the return on investment of state tourism advertising expenditures. Currently, the Department uses a renowned Canadian company to do studies on Michigan tourism.

$100,000 for the Detroit Zoo (added by the Senate) is not included in the FY06-07 budget. It will be included in an FY05-06 supplemental.

Additional boilerplate requires MEDC to report on the number of employees with salaries exceeding $80,000, and another section prohibits MEDC from denying MEGA credits to businesses that would otherwise be eligible but use professional employer organizations (PEOs).

Article 14 (Military and Veterans Affairs)

The budget mostly follows the Executive Recommendation and fully funds the Challenge program and maintains funding for veteran's homes.

Article 17 (State Police)

The Department of State Police retains funding that is adequate to maintain their programs. Funding is added to train 50 new troopers and included is $120.0 million in federal funds for statewide homeland security efforts. There are no closures of any state police posts.

Article 18 (Transportation)

The Transportation Budget Conference Report is mostly in line with the Governor's budget recommendation. The most controversial issues involve boilerplate restrictions related to AMTRAK funding and the Michigan Department of Transportation's (MDOT) ongoing analysis of a potential new Detroit River International Crossing.

Conference Report boilerplate restricts the state subsidy for AMTRAK to an amount equal to the revenue brought in from passengers. MDOT is evaluating both the enforceability of this language, as well as the impact. Under the language, it appears that the subsidy still may be enough to adequately fund service on the two existing routes. MDOT may seek to revisit the language in a future supplemental bill, if needed.

Conference Report boilerplate also prohibits MDOT from expending any funds "for design or right of way acquisition associated with a new crossing of the Detroit River…" MDOT indicates that this language is irrelevant as there is no intention to begin design or land acquisition in FY '07. Previous appropriations will allow MDOT to continue with preliminary analysis of a possible crossing.   

Major Road Programs

• $988.1 million for state trunkline road and bridge construction – a decrease of less than 1%.
• $259 million in federal aid to local agencies for road and bridge construction – an increase of less than 1%.
• $649.4 million from the Michigan Transportation Fund to county road commissions – an increase of less than 1%.
• $362 million from the Michigan Transportation Fund to cities and villages – an increase of less than 1%.

(Figures are projections of statutory formula allocations based on projected revenues.)

Public Transit

• $166.6 million from the Comprehensive Transportation Fund for local bus operating – an increase of 2.1%.
• $64.7 million for bus capital – an increase of 38% that reflects a $10.8 million increase from the Comprehensive Transportation Fund and $7 million in additional local funds to match new federal grant funds. 

(The "increases" from the CTF are primarily explained by not diverting CTF funds to the General Fund as had been done in recent years).

SB 1082 (Community Colleges)

This budget reflects a 3% increase for community colleges and increases Renaissance Zone Tax Reimbursement by 10.3 percent to reflect the expected increases in taxable value in renaissance zones. Also included is $225,000 funding increase to Wayne County Community Collegeto restore half of their FY 2003-04 reduction that was appropriated to three other community colleges. Bay de Noc Community College also received $200,000 in additional funding.

SB 1083 (Community Health)

1)  Reduce $30M from a revised Executive Recommendation. 

2)  Established the Medicaid caseload base

3)  Detroit/Wayne Community Health will begin the new fiscal year with full funding.  Beginning on December 1, funding will be reduced by approximately $3M/mo (administration costs) until the CMH becomes an authority.  The reduction will be restored to the program immediately upon Detroit/Wayne CMH becoming an authority.

4) A wage pass-through for Home Health Workers.  Everyone will be paid $7/hr; anyone at $7 and above will receive an additional 50 cents/hr.  AND a 2% increase to CMH direct care workers.

5) Increases payments to Medicaid HMOs to assure actuarial soundness and

6) Restored funding to 19-20 year olds and caretaker relatives.

The Conference Committee worked out the following:

• The Minority Health Disparities line in the Healthy Michigan Fund has been fully restored.
• The Adult Benefit Waiver program (single adults at less that 35% of poverty) will be expanded from the current permitted level of 55,000 enrollees (actually today 50,000) to 62,000 beginning August 1, 2006 through fiscal year '06/'07.
• Medicaid Reimbursement has been increased by 2% for physicians for both adult and child primary and preventive care (this includes pediatricians).
• Graduate Medical Education will be funded through the Medicaid HMOs; the program money will have a federal match and the resulting extra $3M used to balance the DCH budget.
• Fully funds the Surgeon General position.
• Some funding restored in the Healthy Michigan Fund for Arthritis, Parkinson's and Huntington's Disease.
• Puts a $100M placeholder in the budget for Michigan First - the Governor's proposal to cover 1.1 million uninsured citizens.
• Increases MI Child premium to $10 from $5. 
• Restores funding to the Governor's Council of Physical Fitness.
• Funding for Senior Centers was not restored.
• There are proposed savings from:  Family planning, Medicaid caseloads, Asset Lookback and Audit Savings, Recovery of Pharmaceutical Overpayments; Asset transfer and false claims programs, third party liability recovery increases, limited co-pay and premium increases; health information technology initiative, specialized care management initiative and pharmacy quality improvement program. 

SB 1084 (Corrections)

Increased funding for the attorney general's "Joshua Project" by $800,000.

• Eliminates some middle management (sergeants') positions resulting in a $2 million dollar savings, along with central office staff reductions resulting in another $412,000 savings.   Would eliminate 30.5 full time employees. 
• Increased funding by $7.8 million to train an estimated 650 new corrections officers. This brings total funding to $11.8 million.
• $3.0 million in increased savings through the use of videoconferencing. Also $1.2 million in vacancy savings.
• Conference Committee did not include a reduction of $8,672,600 from academic/vocational programs, $274,900 from compensatory buyout and union leave bank, or a savings of $1.5 million from technology to manage absenteeism and overtime, but did include a reduction of $54,000 from equipment and special maintenance, which  will leave only enough funding to upgrade security cameras.
• A 35% surcharge on all prisoner purchases in state facilities was removed.
• Language prohibiting the DOC from opening or reopening beds not otherwise provided for in the budget until it uses beds available at the Baldwin facility (Michigan Youth Corrections Facility) was removed. 

SB 1085 (Department of Education)

The Conference Report included $175,000 for a best practices study to encourage effective and efficient organization of schools and $25,000 for Michigan History Day. The Report includes $100,000 each to CMU's Alternative Route to Certification program and to WSU's Pathways to Teaching program. $100,000 was included to pay up to one-half of the application fees for teachers who go through the National Board Certification process.

SB 1086 (Environmental Quality)

The bill closely tracks the Executive Recommendation and avoids significant program cuts. Notable funding items include: $8.8 million from Clean Michigan Initiative bond funds added at Governor's request for Brownfield Grants and Loan Program; $21.1 million from Clean Michigan Initiative and Environmental Protection bond funds added at Governor's request for Environmental Cleanup and Redevelopment Program (specific sites listed in Section 705); $605,000, including $500,000 in General Fund, added at the Governor's request to implement new Water Withdrawal Regulatory Program enacted by the Legislature. The bill also contains a handful of Republican earmarks.

SB 1088 (Higher Education)

• The Conference report includes an increase for all 15 public universities. The percent of the increase ranges from a low of 2.5 percent for Michigan Tech and Wayne State University to a high of 6.0 percent for Grand Valley State.
• Both the Agriculture Experiment Station and the Cooperative Extension received 2.0 percent increases.
• The Tuition Grant program remains as is.
• The Nursing Scholarship program is increased by $250,000.
• The Michigan Merit Award does not include the funding for out-of-state awards.
• $5 million is added for the Michigan Leadership, Education, and Development (MiLEAD) Initiative.   Grants will be made to colleges/universities for residential programs for at-risk youth to earn college credit and perform conservation-based community service.
• The language prohibiting universities from entering into construction contracts that discriminate based on specified criteria including membership in a labor organization was deleted.

SB 1094 (Natural Resources)

• The Gross appropriation is $1,424,000 greater than the Executive recommendation. 
• The General Fund portion $150,000 over the Governor's recommendation. All of this increase is being used to fund Cormorant control in conjunction with the U.S. Fish and Wildlife Service. 
• Fully funds Payments in Lieu of Taxes (PILT) for the first time in several years.
• The Parks and Recreation portion includes an additional $3,500,000 of new revenue from campground fee increases.
• The budget reflects a $2,940,000 increase in federal funds for Marine Safety grants.
• Appropriates $25,000.00 for Project F.I.S.H. which is a program conducted by MSU to encourage and increase the number of anglers.
• Accessibility Grants: $1.0 million is added for funding from the Kellogg Foundation to improve handicap access at State Parks.

The Conference report also includes the following earmarks:

• $500,000 (Restricted) for a park in Jackson County.
• $100,000 (Restricted) for recreational floating docks at Bay City State Park.

• Bobcat study: $20,000 (Restricted).
• Petoskey breakwall: $500,000 (Restricted).
• $300,000.00 (Game and Fish Protection Fund) for maintenance of Chappel Dam in Gladwin County.

SB 1095 (School Aid)

• Foundation Allowance was increased by $210.00 per student.
• Declining Enrollment received $20 million.
• There is $20 million for an Equity payment of $23 per pupil to districts whose foundation allowance is below $7,360.
• There is $20 million for the middle school Math funding.
• Funding for fingerprinting and for the new curriculum is not included, but there is language stating that in order to receive funding from the increase in the discretionary payment, the schools must comply with the fingerprinting and curriculum requirements.
• Foundation Allowance Adjustments are made for Garden City (+$800K) and Huron Schools (+$500K).    This adjustment section does not include other schools that were in the Executive recommendation including Clintondale, Pontiac, Madison, Detroit, and Highland Park. Additionally, the Senate had put in placeholders for Wyandotte and Chippewa Valley; these were not included either.
• Several sections that were previously funded elsewhere are now funded from the School Aid budget (e.g., Juvenile justice service facilities pupils, youth challenge program, etc.).
• The Mercy Education Project received $100,000.   
• There is $3.15 million for vision and screening.
• There is $1.9 million for a pilot program to address the needs of pupils whose parents are incarcerated.
• There is $1 million for the ECIC program under Great Start Community Grants.
• The Early Childhood Grants were increased by $1.5 million.
• The Michigan School Readiness Program received an increase of $6 million.   The per pupil allocation remained at $3,300, but the conference report includes a provision to ensure that both the School Aid portion and the Competitive portion of the grant can allow a child a full day slot (by using 2 half-day slots) – the so called "2 for 1 option".
• $500,000 was included for the Book-a-Month club.
• $400,000 was included for the early intervening line.
• $250,000 is included for the Conductive Learning program with MSU and Aquinas College.
• $250,000 for five grants of up to $50,000 each for development and startup for International Baccalaureate Grants.
• $2 million is included for the Health/Science Middle College Program.   This is for grants to ISDs or Detroit schools that are in a consortium with a community college and a hospital or with Wayne State (or a state university) to provide outreach programs for middle and high school students about health field careers, etc. 
• $780,100 is included for Precollege and Engineering and Science Grants.
• The ISD General Operations line is increased by 3.1 percent to match the increase in the basic foundation allowance.
• The MVU is increased by $1 million of which ½ is for web-based testing resources, and the other half for My Dream Explorer Grant.
• $1 million is included for online practice assessments and classroom remediation for middle-school students. (This was raised as an issue by the ABC Testing service that would probably receive the state contract.) Language was added limiting the program to serving 240,000 students.
• $125,000 was included for districts that recently had a financial emergency manager (Inkster).
• $150,000 was included for the First Robotics program.
• $350,000 was included for security mapping of schools.
• $300,000 for Pontiac's positive Behavioral Support Program.
• $1.5 million for new adult education programs. From this, there will be at least one and no more than three grants awarded at $200,000 for innovative community college grants,   and there is one grant for expanding an existing program.

HB 5882 Coercive Abortion Prevention Act

The bill would make it a crime to harass, coerce or attempt to coerce a woman into having an abortion, subject to penalties of up to 15 years in prison if the action results in the death of the woman. Harassment would be defined as a willful course of conduct that would cause her to reasonably feel terrorized, frightened, intimidated, threatened, or harassed.  Representative Adamini offered an amendment that would make it a crime to harass, coerce or attempt to coerce a woman into not having an abortion. The amendment failed 38-67. The bill passed 67-38.

 

HB 5879 and HB 5880 Screening for Coerced Abortions

These bills would require an abortion provider to ask the patient if her husband, parents, siblings, relatives, employer, the father or putative father, his parents or any other individual in a position of authority over the patient has threatened, intimidated, or coerced her into seeking an abortion. If this has happened the physician must refer allegedly coerced patients to local law enforcement and inform the woman that the attempted coercion is grounds for a lawsuit. Both bills passed 67-38.

HB 5881 Allow Civil Lawsuits for Coerced Abortions

The bill would authorize a lawsuit by a woman who has been the victim of an effort to coerce her to have an abortion. She could collect up to $5,000 in "pain and suffering" damages from the coercer.  Bill passed 67-38.

HB 5883 Sentencing Guidelines for Coerced Abortions

The bill would establish sentencing guidelines for the crime proposed by House Bill 5882 of harassing, coercing or attempting to coerce a woman into having an abortion. Bill passed 67-38.

HB 5021, HB 5022, SB 640, Individual Development Accounts

This package of bills creates an "individual or family development account" program, in which a non-profit organization could manage tax exempt accounts of up to $5,000 for a low income person or family, with the beneficiary matching the deposits with money or volunteer work. The accounts could be used by the beneficiary for qualified education, home acquisition or repair, or business start-up expenses. House Bills 5021 and 5022 authorize tax credits for individuals or businesses that contribute money for such accounts. The contributor could not be the account holder (beneficiary). All three bills passed 106-0.

HB 5063, Kidney Disease Screening

This bill would allow Medicaid-eligible individuals to receive screening, laboratory services, diagnostic services, early intervention services, and treatment for chronic kidney disease. The intention of this bill is to increase the incidence of glomerular filtration rate (GFR) testing, a virtually cost-free blood screen that can detect kidney failure very early, thus preventing the need for more expensive and invasive treatments. Bill passed 105-0.

HB 5839 MobileHomePark Permit Fees

This bill would create the Mobile Home Code Fund and raise fees to mobile home park operators and owners. The bill passed 79-26.