Following are some of the bills voted on by the House of Representatives in February and March that I thought would be of interest to you. For more information on these or other bills, please contact my office toll-free at (888) 833-6636.
Cut Legislators' Pay: The House passed House Concurrent Resolution 3, which requests the State Officers Compensation Commission (SOCC) to recommend a 10 percent reduction of the salaries of the Legislature, the Governor, the Lieutenant Governor, the Attorney General and the Secretary of State. The plan also urges the SOCC to ensure that none of its future recommendations exceed the average increase in state employee pay. I voted for this resolution and feel that it is important that state officials lead by example during these difficult economic times.
Buy American with Stimulus Funds: The House passed House Resolution 9 that urges the President and Congress to ensure that benefits of the federal economic stimulus package are used to support American businesses and jobs, and to discourage the purchasing of products manufactured in another country, or products or services outsourced to another country.
Resolution to Approve Federal Stimulus Package: The House passed House Resolution 21 to request that the members of the Michigan congressional delegation vote in favor of the economic stimulus package that was under consideration at the federal level.
Supporting the Auto Industry and Manufacturers: The House passed House Resolution 24, which urges Congress and the President to invest in American manufacturing, including the domestic auto industry and their suppliers.
Declaring NAACP Week: The House passed House Resolution 22, which establishes February 8-14, 2009 as NAACP Week in the State of Michigan.
Honoring Congressman Dingell: The House passedHouse Resolution 23 to honor Congressman John D. Dingell. On February 11, 2009, Congressman Dingell became the longest serving member of the United States House of Representatives.
Extend Cormorant Depredation Indefinitely: The House passed House Resolution 16 to request that the U.S. Fish and Wildlife Service extend the depredation order for double-crested cormorants.
Gun Lake Casino Resolution: The House passed the Gun Lake Casino Resolution to enter a gaming compact negotiated between the Governor and the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan (commonly referred to as the Gun Lake Tribe). The resolution maximizes the state's opportunities and abilities to affect the terms and conditions of gaming under federal law relating to the compact.
Requiring Funeral Directors to Screen for Veteran Status: The House passed a plan to requirefuneral directors to screen for veteran status when cremation arrangements are made. Under the bill, a funeral director would be required to make a determination of whether a deceased person, whose remains have been submitted to a funeral establishment for final disposition by cremation, is a veteran of the armed services.
Expanding Angel Investor Tax Credit Eligibility: The House passed a plan to allow an angel investor to qualify for all or part of an income tax credit where their investment, combined with others, added up to $100,000 or more in total capital. The Michigan Angel Investment Incentive program was created to stimulate the new business starts and growth of early stage technology companies in Michigan. The bill has passed the House and has been referred to the Senate for consideration.
Supporting the Employee Free Choice Act: The House is urging congress to pass the Employees Free Choice Act. The Employee Free Choice Act aims to amend the National Labor Relations Act to establish an easier system to enable employees to form, join, or assist labor organizations, to provide for mandatory injunctions for unfair labor practices during organizing efforts, and for other purposes.
Improving Energy Efficiency in State Facilities: The House passed a plan to require state owned and operated facilities to, under certain circumstances, use high efficiency light bulbs when replacing existing or burnt out bulbs.
Raising the Drop-out Age: The House passed a plan to require students to attend school until their 18th birthday if they turned 14 years of age on or after December 1, 2007 or were 14 years of age before that date and entered Grade 9 in 2008 or later. The requirement would not apply if a student had written permission from parents or guardians to stop attending school.
Updating the State Retiree Healthcare System
HB 4071 Administration of Legislative Employee Retiree Healthcare Benefits moved to ORS
The bill amends the Legislative Retirement System Act to transfer selection and administration of Legislative Retirement Benefits to the Office of Retirement Services in the Department of Management and Budget. This bill is part of the Retiree Healthcare Reform and Protection Package, including House Bills 4071-4079. The package creates a 115 Trust Fund to pre-fund post-employment health care benefits for State employees and to streamline the administration of those benefits to increase efficiency and lower costs. Next: Referred to Senate for Consideration.
HB 4073 Creates Governmental 115 Trust Fund to Pre-Fund Retiree Health Care Benefits For State Employees
The bill establishes a governmental trust fund in accordance with Section 115 of the Internal Revenue Code to pre-fun retiree healthcare benefits for employees of the State of Michigan. The trust would be administered through the Office of Retirement Services (ORS) by a board that includes among others, a representative from each of the participating government entities: State Employee Retirement Services, Michigan Public School Employee Retirement Services, Judicial Retirement Services, State Police Retirement Services, and Legislative Retirement Services.
HB 4074 Municipal Bonding for Purpose Of Pre-Funding Retiree Healthcare Obligations Secured By General Fund, Not a New Tax
In conjunction with HB 4075 and 4077, HB 4074 amends the Revised Municipal Finance Act to allow a county, city, village or township to issue a municipal security without a vote of its electors, for the purpose of paying costs of its unfunded retiree healthcare liability. HB 4074 specifically provides that any security so issued without a vote of the electorate will be secured by the municipality's general fund and may not be supported by an additional tax.
HB 4076 Expand the Membership and Service Term Of The State Employee Retirement Board
The bill redefines the State Employee Retirement Board that will oversee the administration of retiree health care benefits by increasing membership from 9 to 11 persons, adding one additional retiree member of the system and one additional active member of the system. It also increases the term of service for board members who belong the State Employee Retirement System from 3 years to 4 years.
HB 4077 Update Definitions in Revised Municipal Finance Act to Reflect Ability to Bond to Fund Retiree Healthcare Obligations
The bill amends the portion of the Revised Municipal Finance Act pertaining to definitions. It updates the definitions to incorporate changes to the Revised Municipal Finance Act included in House Bills 4074 and 4075.
HB 4078 Gives Office of Retirement Services, Department of Management and Budget, Responsibility for Judges' Retiree Health Care Benefits
The bill provides that starting July 1, 2009, the Office of Retirement Services will be in charge of authorizing and administering retiree health care benefits for members of the Judges Retirement System, subject to the rules of the Civil Service Commission. This legislation only affects judges who are members of the Judges Retirement System, mainly Michigan Appellate and Supreme Court judges.
HB 4079 Include ORS in Civil Service Commission Authorization and Administration of State Police Retiree Health Care Benefits
The bill amends the State Police Retirement Act by adding the Retirement Board of the Office of Retirement Services to the Civil Service Commission and the Department as the group responsible for authorizing and administering State Police retirement health care benefits. Unlike other bills in this package HB 4079 does not shift responsibility for State Police retiree health care benefits to ORS because of constitutional issues that require the Civil Service Commission to remain in that role.
All bills passed the House and have been forwarded to the Senate for consideration.
ReviseState Pension Management Details to Accommodate Health Benefit Pre-Funding: The House passed a plan to specify that all retiree healthcare benefits for members of the State Employees Retirement System will be authorized by the Civil Service Commission, the Retirement Board, and the Office of Retirement Services, but selected and administered by the Office of Retirement Services.
Pensions for Retired Department of Corrections Nurses: In 2007, the legislature passed and the Governor signed into law a bill that prohibited a person from receiving his or her state pension while working for the state. The House recently passed a separate act so that this provision will not apply to a retirant who is hired to provide health care services to individuals at the Department of Corrections, as long as the person is hired for a limited term and without benefits.
Revising Adoption Subsidy Qualifications: The House passed a plan to amend the Social Welfare Act to revise eligibility and payments provisions related to adoption support subsidies and adoption medical subsidies. The Department of Human Services indicates the bill is intended to bring the current adoption subsidy statute in line with federal guidelines.
Hire Michigan First: The Hire Michigan First package would amend a number of state purchasing and contracting statutes and economic development statutes to: require firms getting state contracts or special tax treatment to give preference in hiring to residents of Michigan; and to disqualify firms from eligibility unless they agree not to knowingly hire individuals who are not authorized under federal law to work in the United States.
Expanding Tax Credits for Advanced Batteries: The House passed a plan to expand certain MBT credits related to advanced battery engineering and manufacturing from.. The bill would allow the Michigan Economic Development Corporation to approve two additional credits for the construction of battery cell manufacturing facilities and encourages applicants to use suppliers within a 50 mile radius.
Notification to Children's Ombudsman Regarding a Death of a Child: The House passed a plan to require the Department of Human Services (DHS) to notify the Office of the Children's Ombudsman (OCO) when a child dies and any of the following applies: the child died while under court jurisdiction; the child died during an active child protective services investigation or open protective services case; DHS received a prior child protective services complaint concerning the child's caretaker; the child's death may have resulted from abuse or neglect.
Protecting Struggling Homeowners Who Seek Help to Avoid Foreclosure: The House passed a package of bills that will amend the Revised Judicature Act and the process for home foreclosures in Michigan. The package would impose a 90 day "freeze" on the foreclosure proceedings, if the borrower requests a meeting with the lender to attempt to modify their mortgage.
Preventing Net Loss of Land Open for Hunting: The House passed a plan to require the DNR manage all property under its control so that there is no decrease in the land open to the public for hunting. The bill makes exceptions to close hunting land if the Department determines there is a public safety issue, a fish or wildlife management issue, a homeland security concern or any other reason required by law.
Requiring Certain Highway Work Zone Signs: The House passed a plan that would require the Michigan Department of Transportation and local road authorities to place signs at work zones to notify drivers of increased fines and penalties pertaining to the safety of workers and the public in work zones.
Stimulus Funding for Transportation Infrastructure Projects: The House passeda plan that appropriates $873 million in federal funding from the recently enacted American Recovery and Reinvestment Act of 2009 for highway infrastructure and transit grants. Included in the bill is $635,403,700 dedicated to road and bridge projects on state trunk line roads and highways and $211,801,300 for local road and bridge projects. The bill has passed the House and the Senate and has been signed by the Governor, PA 3'09.
Provide Michigan Business Tax Penalty Relief: The House passed a plan to provide relief from penalties for a business that underpays by 20 percent or less the quarterly payments required under the Michigan Business Tax during the first year of the tax if the business estimates its tax using the same method on which it bases on its federal tax estimate. The bill passed the House and the Senate and will be sent to the Governor.
Property Tax Exemptions for Alternative Energy Systems: The House passed a plan that will exempt from property tax certain small-scale solar, wind, geothermal, or water energy conversion device with a generating capacity of less than 150 kilowatts.
Expanding Property Tax Credits: For the purposes of personal property tax, the House passed a plan that adds to the definition of wind energy system the system's foundation, easement, right of way and ancillary equipment in the definition of personal property.
Updating the Earned Income Tax Credit: The House passed a plan to require that anyone claiming the Earned Income Tax Credit be a resident of the state for at least six months during the tax year.
Prohibit Discrimination Against Pregnant Employees: The House passed a plan to amend the Elliott-Larsen Civil Rights Act to require an employer to treat a pregnant employee the same as any other employee who has limitations placed on their ability to work.
Restricting Use of Pharmaceutical Lindane: The House passed a plan to require lindane-based prescription shampoo or lotion to only be used for treatment of lice or scabies if used in a medical office under the supervision of a physician.
Facilitating Winter Property Tax Deferral: The House passed a plan to allow qualified individuals (e.g., seniors, disabled, veterans, military) to qualify for a winter property tax deferral if they received a homestead property tax credit on income tax in the previous tax year.
Requiring Landlords to Notify Tenant of Pending Foreclosure: The House passed a plan requiring a landlord to notify a tenant of pending foreclosure 30 days after the beginning of the redemption period and 30 days before the end of the redemption period.
Extending Unemployment Benefits: The House passed a bill package to amend a state statute to capture federal reimbursement for extended unemployment insurance benefits as provided through federal "stimulus" dollars (the American Recovery and Reinvestment Act of 2009). Having passed the House and Senate, the bill has been presented to the Governor.
Placing State Spending Information On-Line: The House passed a bill to require the development of a searchable website accessible to the public at no cost. This website would contain information regarding the finances of the state.
Prohibiting State Legislators from Lobbying For Two Years After Their Term Ends: The House passed a plan to amend the lobbyist registration act to prohibit state legislators from lobbying for two years after their terms of office end.
Reducing Legislative Salaries for Missed Session Days: The House passed a resolution to ask the voters in the next general election to approve a constitutional amendment to reduce the salary of a legislator for every day that he/she misses session. The legislature would be charged with implementing the section with corresponding legislation.
Requiring Candidate and State Official Financial Disclosure: The House passed a plan to require candidates for elected office and state officials to submit personal financial statements and reports to the Bureau of Elections.
Allow Search Warrants to be Issued for a Person: The House passed a plan to allow a search warrant to be issued for a person. An arrest warrant only allows law enforcement officials to arrest the subject of the warrant in his or her house. If the subject is in a third party's home, law enforcement may not seek a warrant to enter that home and arrest the individual.
Fire Fighter Cancer Presumption: The House passed a plan to amend the "Worker's Disability Compensation Act" for fully paid fire fighters who have been employed as such for a minimum of five years, to include certain types of cancers.
Providing Federal Stimulus Dollars to Various State Departments: The House authorized nearly $2.1 billion of federal American Recovery and Reinvestment Act money to be spent. The spending is spread across the following ten departments as follows:
- Community Health - $46,509,000
- Education - $962,658,000
- Environmental Quality - $248,600,000
- History, Arts, and Libraries - $350,000
- Human Services - $435,041,900
- Labor and Economic Growth - $344,767,700
- Management and Budget - $2,000,000
- Military and Veterans Affairs - $7,850,000
- State Police - $1,000,000
- Treasury - $9,300,000
Expanding MBT Advanced Battery Credits: The bills expand certain Michigan Business Tax (MBT) credits related to advanced battery engineering and manufacturing. It increases the cap on the vehicle engineering credit from $70 million to $90 million, and allows the MEDC to approve two additional credits for the construction of battery cell manufacturing facilities. These bills have both passed the House and the Senate and have been sent to Governor for signature.
Medical Permissions by Foster Parents: The House passed a plan to give foster parents the authority to allow routine, non-emergency, non-surgery medical procedures for foster children.
Giving Preference to Relatives Over Foster Care: The House passed a bill to require government authorities determining whether to remove a child from his or her parents and place the child in foster care to give special consideration and preference to placing the child with relatives instead, unless doing so is clearly not in the child's best interests.
Ending Drug Industry Immunity: The House passed a package of bills to amend the Consumer Protection Act to extend the act's provisions to actions against drug manufacturers and producers. Currently, Michigan law prohibits individuals from suing drug manufactures except in a very limited (and difficult to meet) set of circumstances.
Requiring Disclosures by Tax Refund Anticipation Loan Providers: The House passed two bills that will create new acts that require disclosures be given to consumers who are applying for a refund anticipation loan. Additionally, the bills would give borrowers an opportunity to rescind the loan and provide for penalties for violating the acts.
Expanding Eligible Uses of Sinking Funds: Currently, a sinking fund can be used for the purchase of real estate, or the construction or repair of school buildings. The House passed a plan to add that a sinking fund can be created to be used for the purchase or major maintenance of school buses, or for the acquisition or upgrading of technology, in addition to the current uses listed above.
Providing Penalty Relief for The First Year Of The MBT: The House passed a package of bills provide penalty relief for the first year of the Michigan Business Tax (MBT).
Establishing the Autism Research Fund and Creation of a Tax Check-Off: The House passed a plan to create the Autism Research Fund within the Department of Community Health. The fund will be used for the promotion of research related to the diagnosis and treatment of autism. The plan also will amend the income tax act to provide for individual contributions of $5, $10, or more from annual tax return funds for the Autism Research Fund, beginning with tax year 2010.
Cutting Legislative Salaries: Senate Concurrent Resolution 3 would approve the determinations made by the State Officers' Compensation Commission (SOCC) that put in place a ten percent reduction in the salaries, supplemental salaries and expense allowances of the members of the legislature, the Governor, the Lieutenant Governor, the Attorney General, and the Secretary of State.
License Mortgage Brokers and Lenders: The House passed a package of bills to amend the Consumer Financial Services Act to prohibit a licensee under the Act acting as a mortgage broker or mortgage lender from employing an individual as a loan officer unless he or she were a loan officer registrant under the Mortgage Brokers, Lenders, and Servicers Licensing Act or as a secondary mortgage loan officer, under the Secondary Mortgage Loan Act (Senate Bills 380 and 381 would amend these acts to include a licensee under the Consumer Financial Services Act in the definition of "licensee").
Allowing School Districts to Invest In CDs: The House passed a plan to amend the revised school code to allow a school district or an intermediate school district to invest in certain certificates of deposit in insured credit unions.
Michigan Catastrophic Claims Association Reforms: The House passed a package of bills that would require the Michigan Catastrophic Claims Association (1) to comply with the Open Meetings Act and the Freedom of Information Act, (2) to undergo an annual performance post audit, and (3) to expand its board of directors from five to nine by adding three members to represent the general public and one to represent insurance agents.
Authorizing Fire Marshal Inspection, Review and Hearing Fees: The House passed a plant designed to deal with the unfinished business of financing the Bureau of Fire Services, which was created by the legislature nearly two years ago. The bill would give the state Fire Marshal authority to establish fees charged by the bureau.
Change in FirstClassSchool District Definition: Currently, the definition of a first class school district is a school district that has a pupil membership of at least 100,000 enrolled on the most recent pupil membership count day. The House passed a plan to amend the revised school code by adding that a school district, that was a first class school district as of September 1, 2008, shall continue to be considered a first class school district until July 1, 2010, regardless of its pupil membership.
Extending Historic Preservation Tax Break "Carryforwards": The House passed a bill that would allow any existing MBT Historic Preservation Credit carryforwards to be used to offset any amounts owed due to credit recapture. It is retroactive to 2008.
MBT Technical Clarification: The House passed a plan to clarify the Michigan Business Tax (MBT) definition of "tax year" so that it also applies to previous tax years under the Single Business Tax. It is retroactive to 2008.
Reducing Department of Human Services Spending for FY '08-'09:The House passed a plan to cut funding from the Fiscal Year 2008-2009 budget. The bill would implement cuts totaling $30 million from the Department of Human Services.
Penalties for Abandoned Vehicle Violations: The House passed a bill that will require courts to
assess a $25 fine to individuals found guilty of abandoning a vehicle. The $25 fine would go to the law enforcement
agency to cover a portion of its costs associated with processing the abandoned vehicle.
Protecting Families from Utility Shutoffs:
HB 4384Requires a regulated provider to comply with any rules adopted by the Public Service Commission (PSC)
regarding shut-off protections for seniors and low-income customers.
HB 4385Requires all utility providers to include the Department of Human Services or 2-1-1 phone number on shut-off notices.
HB 4386This bill codifies into law, for municipally owned utilities, portions of the PSC rules for shut-off and restoration of service. The bill details how to restore service as well as specific provisions for those with a medical emergency.
HB 4387Requires any shut-off fines for regulated utilities under these new laws to go to the Low Income & Energy Efficiency Fund (LIEEF). The purpose of LIEEF is to provide shut-off and other protections for low-income customers and to promote energy efficiency by all customer classes.
HB 4388Requires a regulated provider to comply with any rules adopted by the PSC regarding shut-off protections for customers with medical conditions and customers with a billing dispute.
HB 4390Prevents the use of limiters for all utilities until the PSC sets up rules on how to use them. Also bans limiters permanently for seniors and those with medical emergencies.
HB 4391Waives all inappropriate fees that a utility may charge a customer if the utility service has been shut off improperly.
HB 4392Requires all utilities to contact a senior twice within 3 days of his/her service being shut-off, or once if done in person at the time of shut off, to let him/her know how to turn their power back on.
HB 4649Requires DHS to share with all utilities information concerning applicants for and recipients of public assistance to link these clients with assistance programs.
HB 4650Requires (DHS) to operate an electronic payment process with utilities to provide for the payment of low income customer bills that are about to be shut-off.
HB 4655Requires a municipally owned utility to report to the PSC when there is a serious injury or death related to a shut-off. The PSC may investigate, and then forward on its investigative report to the Attorney General.
HB 4656Allows the Attorney General, any customer of a utility, or the PSC in the case or serious injury or death to commence a civil action for relief if a municipally owned utility fails to meet the requirements of this act. Any fines levied under this section would go into the Low Income & Energy Efficiency Fund (LIEEF). The purpose of LIEEF is to provide shut-off and other protection for low-income customers and to promote energy efficiency by all customer classes.
HB 4657Requires the PSC to work with all providers and DHS to make recommendations to the legislature every two years on how to eliminate barriers to assisting seniors and those eligible for assistance, as well as changes in shut off procedures.
HB 4658The bill requires that in the ordinary course of business, a municipally owned utility shall make an effort to identify senior citizen customers.
HB 4659This bill would codify into law for municipally owned utilities, portions of the PSC rules for shut-off and restoration of service, as well as for energy assistance and shut-off protection programs that only apply to regulated utilities.
HB 4660Allows a customer to designate a third party to receive shut-off notices from the provider on the customer's behalf.
HB 4661The bill requires that in the ordinary course of business a regulated provider shall make an ongoing effort to identify senior citizen customers.
HB 4662Requires all utilities to provide to all customers, twice a year, info on assistance and protection programs.
HB 4673This bill codifies into law for municipally utilities what is already current law for regulated utilities detailing when a utility can not shut off service. (Prevents shut-offs for nonpayment during the heating season for senior citizens or for customers that pay the utility a monthly amount and can demonstrate that they have applied for heating assistance.)
Department of Corrections Budget for FY '09-10: The budget includes a reduction in spending as a result of closing facilities. The budget also includes funding for 90 additional parole agents to help supervise inmates. The bill has passed the House and has been referred to the Senate.
Community Colleges Budget for FY '09-'10: The Community Colleges budget includes funds for
operational support of the state's 28 community colleges, the At-Risk Student Success Program, and renaissance zone tax
reimbursement to the colleges. Community colleges also receive operating revenue from local property taxes and student
tuition and fees. The bill passed the House and has been sent to the Senate for consideration.
Higher Education Budget for FY '09/'10: House Bill 4441 provides the budget for state's
15 public universities and allocates a total of $1,826,084,700 billion which includes; $59,607,400 million from Federal
funds; $166,400,100 million from the State Restricted Fund and; $1,600,577,200 from the State General Fund. Needs based
financial aid programs and the King-Chavez Parks program FY' 09 funding were included. The Tuition Incentive program
funding increased by $6.0 million to account for the projected increase in the number of Medicaid- eligible students.
The bill passed the House and has been sent to the Senate for consideration.
School Aid Budget for FY '09-10: The School Aid budget makes appropriations to the state's 552
local school districts, 232 public school academies, and 57 intermediate school districts (ISDs) for operations and
certain categorical programs. It also appropriates funds to the Center for Education Performance and Information,
Department of Labor and Economic Growth, and other entities to implement certain grants and other programs related to
K-12 education. The bill passed the House and has been sent to the Senate for consideration.
Department of Education Budget for FY 09-10: The State Board of Education is an eight-member elected
board, constitutionally mandated to provide leadership and supervision for public education in Michigan. The Michigan
Department of Education (MDE) is the administrative arm of the Board, charged with implementing state and federal
educational mandates and administering programs. Major responsibilities of the MDE include developing and overseeing the
K-12 school system, certifying teachers, disbursing funds to educational organizations, and providing technical
assistance to school districts. The bill appropriates $120,624,000 for FY 2009-10. The bill passed the House and was
sent to the Senate for consideration.
Natural Resources Trust Fund Appropriations: The House passed a plan that will appropriate $48.8
million from the Michigan Natural Resources Trust Fund (MNRTF) to 37 projects to acquire land for resource preservation
and 44 projects for development of recreational opportunities. The bill has passed both the House and the Senate and
will be forwarded to the Governor.
To monitor legislation, visit www.legislature.mi.gov.