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.
Revise Statute of Limitations Law: The House passed the Revised Judicature Act, which currently "tolls" a statute of limitations for actions under the act when an individual is less than 18-years-old or insane at the time the claim accrues. Tolling provisions essentially stop the applicable statute of limitations from being applied to vulnerable groups who are not able to file a lawsuit within the time period allotted by statute. The bill strikes the language that makes the provisions only applicable to actions "under the act" and makes a number of technical changes.
Prohibits Falsely Attesting to Community Service: The House passed a plan that prohibits individuals who supervise court-ordered community service from knowingly providing false information to courts regarding completion of that community service.
Tax Incentives for Farms with Renewable Energy Systems: The House passed a plan to revise the law that authorizes property tax breaks for an owner of agricultural property who promises to retain the land for agricultural use or as undeveloped open space land. The bill would also authorize the tax breaks if the land has alternative energy devices installed on it.
Create Hunting and Fishing License Discounts: The House passed a plan to allow hunting and fishing licenses to be discounted to increase participation, and allows a discounted fee or no fee for any license to achieve a harvest or management objective for that species.
County Board of Commissioners Meeting Time: The House passed a bill that will allow County Boards of Commissioners to meet earlier in the year instead of in October to apportion millages and certify millage rates, since counties are now required to collect all of their operating millages in July. The bill now heads to the Governor.
Prohibit Reuse of Single Use Medical Devices: The House passed a plan that would amend the Public Health Code to prohibit a health care provider from reusing a single use medical device on a patient. Being found reusing a single use device would be considered a felony punishable by imprisonment for not more than ten years, a fine of not more than $50,000, or both.
Debar Bad Vendors from State Contracting: The House passed a plan that will allow the Department of Management and Budget to debar a vendor (or persons with a designated relationship with a vendor) from consideration for the award of a contract or suspend the procurement of goods and services for violating various state laws.
Increase MEGA Credits: The House passed legislation to increase the number of retention Michigan Economic Growth Authority (MEGA) tax credits and incentive contracts that are used as economic incentives used to help keep businesses that are looking at re-locating outside of the state of Michigan from leaving the state. The bill also eliminates a requirement that for a high tech business to qualify for a credit they must agree that at least 25 percent of their operating expenses be in research and development for the first three years of the agreement.
Revise State Architecture Licensure Procedures: The House passed a plan that will allow an applicant for the state architecture licensure exam to take the exam before he/she has fulfilled the professional experience requirement and provided the required references. The applicant would still need to fulfill both the professional experience and reference requirements in order to become a licensed architect.
Allows Proprietary Schools to Sell Goods or Services: The House passed a plan that will allow a proprietary school to sell goods or services provided by a student if they meet certain criteria.
Requires that Cigarettes Sold in Michigan be Fire Safe: The House passed a Senate bill that would create a new act called the Fire Safety Standard and Firefighter Protection Act to prescribe testing requirements and performance standards for cigarettes sold in Michigan. The bill now heads to the Governor.
Appropriate Stimulus Funds to the School Aid Fund: The House passed several amendments to the school aid act including: a cut to the small high school infrastructure program; an appropriation from the Federal American Recovery and Reinvestment Act (Federal Stimulus Bill) and the removal of language related to kindergarten membership funding.
Allow a Consolidated City or Village to Establish a Central City District: The House passed a plan that will allow a city or village that has been consolidated with another, to establish a district composed of the same boundaries of the consolidated city or village and within this district, levy a special assessment to continue services that were provided before the consolidation.
Call on Congress to Address and Fix Michigan's Status as a Donor State: The House passed a resolution that calls on Congress to rectify the imbalance in federal transportation funding that has consistently put Michigan near the bottom of the 50 states in the percentage of federal transportation tax dollars returned to this state each year.
Add New Species to the Restricted or Invasive Species List: The House passed legislation that authorizes the Agriculture Commission to issue orders to add or delete insect or plant species to the existing statutory lists of restricted and prohibited invasive species. The bill now heads to the Governor.
Allow Macomb County Voters to Vote to Disband Road Commission in County Charter: The House passed a plan that lowers the population threshold for a county to be eligible to reorganize the duties of a road commission to another entity from 1,500,000 to 750,000. The bill further allows an eligible county to make such a transfer in the process of adopting a charter, provided that voters in the county approve both the charter and a separate ballot question to reorganize the road commission. The bill now heads to the Governor.
Create Authority for Cobo Hall and Allowing for Financing: The House passed legislation to make the changes necessary to create an authority and align financing to implement an expansion of Detroit's Cobo Hall.
Hire Michigan First: The House passed the Hire Michigan First package, which 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.
Require Disclosure for Automated Phone Calls: The House passed a plan that amends the Michigan Campaign Finance Act to require that "robo" communications must clearly state the name and address or phone number of the person paying for the communication. Additionally, a telephonic communication would be prohibited outside of the hours of 9 a.m. to 8 p.m.
Personal Protection Orders for Victims of Criminal Sexual Conduct: The House passed a plan that will allow victims to petition the court after only one contact with the offender. Current law requires victims of sexual assault to have two contacts with the offender before the victim may petition the court for a personal protection order (PPO).
Prohibit Brass Knuckles: The House passed a plan that will prohibit "brass knuckles" and expands the definition of that term to include any device worn over the fist with the purpose of increasing the impact of a blow with the fist. Current law only prohibits metallic devices and not plastic ones.
Permit Out of State Prescriptions for Controlled Substances: The House passed a plan that amends the Public Health Code to remove the prohibition on dispensing a prescription for a controlled substance received from a physician prescriber from a state other than Michigan.
Provide Aircraft Tax Exemption: The House passed a plan that would create a tax exemption from the Michigan Sales Tax, for companies that do custom alterations and installations on new aircraft in the state prior to the plane being relocated outside of or sold outside of Michigan. The legislation also would create an exemption in the Use Tax Act to allow companies that customize new aircraft to only pay taxes on the customization not the entire aircraft. The plan now heads to the Governor.
Remove Nursing Mother Exemption Requiring Children to be in Rear Seats: The House passed a bill that would require drivers to place children under age four in child restraint safety seats in the rear seat, if a vehicle has a rear seat. The bill also removes from current law a provision that exempts nursing children from being secured in child restraint systems.
Supplemental Appropriations Measure to Restore Amtrak Funding: The House passed a plan that would transfer $400,000 in restricted funds from the Department of Transportation to fund operations for the balance of the year for Amtrak. The bill also amends the appropriation for a Capitol Outlay project to Washtenaw Community College.
Licensing of Physical Therapist Assistants: The House passed a plan that will amend the Public Health Code to provide for the licensure of physical therapist assistants as well as make other changes to the code regarding physical therapists and physical therapist assistants.
Change Pistol Length from 30 inches to 26: The House passed a plan to amend the Michigan Firearms Act by changing the definition of the length of a pistol. This bill would bring Michigan law in line with federal gun law.
Dept. of Natural Resources and Dept. of Environmental Quality 2009-2010 Budget: The House passed a plan to create the "Department of Conservation," which combines the Department of Natural Resources (DNR) and the Department of Environmental Quality (DEQ).
Require Reporting When Discovering A Deceased Individual: The House passed a plan that will require individuals who find a deceased individual to report that discovery by contacting the police or calling 9-1-1. Individuals can be guilty of a misdemeanor if they fail to contact the authorities because they are trying to hide the death or the cause of death. The penalty is up to one year in jail and/or a fine of $1000.
Create Authority for Cobo Hall and Allowing for Financing: The House passed a package of bills to create a regional authority to implement an expansion of Cobo Hall and allow that regional authority to enter into a 30 year lease to expand and operate Cobo Hall; include a "Plan B" option to make funds available for another convention center in Oakland County to be expanded if the City of Detroit does not approve the proposal; and updates the way revenues will be used to finance the proposed Cobo Hall expansion. The legislation now heads to the Governor.
School Reform Package: Identify and Redesign "Failing Schools": The House passed a three-bill school reform package that provides for: a new school Reform Redesign Officer, and adds definitions of a "failing school" and a "turnaround school"; allows for additional flexibility in collective bargaining for failing schools; and adds "turnaround schools" to the definition of a Public School Academy.
Revise Voter Registration & First Time Voting Requirements: The House passed a plan to amend Michigan Election Law to allow for a person who registers to vote by mail to fulfill the requirement to vote for the first time in-person if they present valid identification at any county, city or township clerk in the state. The voter cannot fax, mail or email their identification to the clerk. The plan would allow a qualified elector to register to vote at any county, city and township clerk's office. This would satisfy the requirement that he/she vote in person as a first-time voter, thus allowing the elector to vote by absentee ballot.
Creation of the Worker Freedom Act: The House passed a plan to create the Worker Freedom Act, which prohibits an employer from requiring an employee to attend an employer-sponsored meeting or participate in any communication with the employer if the primary purpose is to communicate the employer's opinion about organized labor, religious or political matters.
Support for Stillbirth Awareness and Research Act: The House passed a resolution that memorializes the United States Congress to enact H.R. 521, the Stillbirth Awareness and Research Act of 2009.
Allow Rural Communities to Use the Federal Intermediate Re-lending Program: The House passed a plan to make a series of technical changes in order to allow qualified rural communities to take advantage of the Federal Intermediate Re-lending Program, including allowing local units of government to accept federal loans for the assistance of business as well as allowing locals to issue loan revenue notes in addition to bonds.
Allow MDOT to Issue Sign Permits For Churches and Service Groups: The House passed a bill that would reduce and cap the fee that can be assessed to the owner of a billboard for a later renewal of a permit, as well as allow the Michigan Department of Transportation (MDOT) to issue permits for roadside signs for churches and service groups.
Allow Mackinac Bridge Authority to Establish Self-Insurance Fund: The House passed a plan that would allow the Mackinac Bridge Authority to create and fund a self-insurance account in accordance with the Michigan Department of Transportation, in lieu of an insurance policy through a private broker.
Insurance Coverage for Autism Treatment: The House passed a plan that would require coverage for the diagnosis and treatment of Autism Spectrum Disorders by health insurance companies.
Modify Off-Road Vehicle Definition: The House passed a plan to change the definition of ATV (All Terrain Vehicle) and ORV (Off Road Vehicle) to include vehicles with six wheels. This bill will update statute to keep up with the latest technology in ATV's.
Revise Bear and Bobcat Hunt Details: The House passed a plan to clarify that a person accompanying a person during a hunt for bear or bobcat would not need to have a hunting license. A license would not be needed as long as the person accompanying the hunter did not carry a weapon or own dogs used during the hunt.
Increase the Number of Agriculture Renaissance Zones: The House passed a bill that would increase the number of Agricultural Processing Renaissance Zones (APRZ) from 30 to 40.
21st Century Jobs Fund Restructuring: The House passed a plan to allow the 21st Century Jobs fund to be restructured based on the discretion of the Michigan Strategic Fund Board. The bill is needed to allow the creation of a manufacturing diversification loan program and also because given the budget situation there is not enough money within the fund's appropriation to allow for all of the statutory funding obligations to be met.
Sell Upper Peninsula State Fairground to Delta County for $1.00: The House passed a plan that authorizes the State Administrative Board to convey the property associated with the Upper Peninsula (UP) State fair, located in the City of Escanaba, to Delta County for $1. The property would have to be used exclusively for public purposes, including an annual UP State Fair. The State would be entitled to reenter and repossess the property if that condition were not met. The plan now heads to the Governor.
Direct the DNR to Sell State Owned Property in Iosco County to Boyd and Loretta Aldridge: The House passed a plan that will direct the Department of Natural Resources to convey property located in Iosco County to Boyd and Loretta Aldridge. The property would be sold at fair market value as determined by an independent appraiser.
Budgets
Different versions of the following FY '09-'10 budgets have been passed by both the House and Senate. Unless otherwise noted, each bill has been sent to conference committee where the differences between the two versions will be reconciled and then brought back before both chambers for a final vote.
Department of Transportation Budget: The state transportation budget allocates $3.256 billion to the Michigan Department of Transportation (MDOT) to support the construction, maintenance and operation of an integrated transportation system that includes state and local highways, public transit systems, aeronautical facilities and other means of moving goods and people. This year's appropriation is a decrease of $356 million, or 9.9 percent, from last year due to declining gas tax revenue and federal funds. The budget includes no new programs, fees or taxes. There are no general funds appropriated in this budget. The only non-revenue driven cut was $12 million from the Transportation Economic Development Fund.
Judiciary Budget: The bill provides funding to the Michigan Supreme Court, the Court of Appeals and related Judicial Agencies. The Budget provides partial funding for judges in local circuit, district and probate courts. This year's budget assumes a $2.5 million transfer from the Juror Compensation Fund. The House-passed version increases funding for indigent defense over the amount that the Senate appropriated.
Department of Energy, Labor and Economic Growth Budget: The Department of Energy, Labor and Economic Growth (DELEG) has primary responsibility for the regulatory functions that relate specifically to commercial, business, and workers' issues. It also includes various employment training-related programs for displaced workers, adults, and youth, and employment services for the disabled as well as welfare recipients. The gross appropriation by the House is $1,413,174,200, a 1.7 percent increase over '08-'09, but a 23.2 percent decrease in General Fund dollars. The House is $29,282,200 Gross and $28,157,800 GF/GP under the Executive Recommendation.
Military & Veterans Affairs Budget: As passed by the House, the bill included $145.6 M in GF/GP funding for the department. The Senate-passed version of the bill included $148.8 M in GF/GP support. Some of the major differences between the House and Senate versions of the bill are that the Senate included more funding for special maintenance projects at military training sites.
Department of Corrections Budget: The Senate version of the bill included savings from closing three prison facilities and the remaining five camps. The Senate's version includes additional cuts totaling $28 million from the version of the bill passed by the House.
Department of History, Arts, and Libraries Budget: The Department of History Arts and Libraries (HAL) is responsible for the administration of Michigan's arts and cultural grants program; including state historical museums, historical publications, archaeological and lighthouse preservation activities; and library and research services provided to the public, the Legislative, Executive and Judicial branches of state government and to Michigan public libraries.
The Governor has proposed eliminating HAL and transferring its programs to various state departments, however, the Executive Order to eliminate HAL has not been issued yet. The bill would keep HAL intact and recommend an across the board reduction (Gross: from $52, 874,200 to $39,711,200; GF/GP: from $39, 418,000 to $26,920,100).
School Aid Budget: As passed by the House, the bill included $13.1 M in GF/GP funding for the department. The Senate-passed version of the bill included $12.7 M in GF/GP support. Some of the largest differences between the House and Senate versions of the bill are that the Senate included a $110 per pupil reduction in foundation allowances, and the elimination of declining enrollment for small rural districts.
Department of Education Budget: As passed by the House, the bill included $120.6 M in GF/GP funding for the department. The Senate passed version of the bill included $95.1 M in GF/GP support. The Senate reduced GF/GP support to the following lines: Special Education Operations ($115,000), School Improvement Operations ($115,000), and School Finance/School Law Operations ($7,000). Additionally, the Senate did not include funding for several additional staff positions that the Governor and the House had included (each at different levels).
School Aid Supplemental: The bill contains several amendments to the School Aid Act, including a cut to the small high school infrastructure program, an appropriation from the federal American Recovery and Reinvestment Act, and the removal of language related to kindergarten membership funding.
Department of Community Health Budget: The Department of Community Health (DCH) budget provides funding for Medical Services, Mental Health and Substance Abuse Services, Maternal and Child Health, Public Health, Services to the Elderly and Disabled, and Crime Victims Services. DCH also has responsibilities for Health Care Facilities and Professional Licensure and Regulation. The Senate version appropriates $12,859,470,400 for FY 2009-2010. This includes $2,267,988,400 in GF/GP (a $401,827,800 decrease from the House recommendation), $1,528,563,400 in restricted funds, and $8,692,546,500 in Federal funds.
Department of Human Services Budget: The Department of Human Services (DHS) administers a wide range of programs and services to assist Michigan's most vulnerable families. The Department is also charged with protecting children and assisting families by administering foster care, adoption and family preservation programs, and by enforcing child support laws.
General Government Budget: The bill provides funding for the following departments: Attorney General, Civil Rights, Executive, Information Technology, Legislature, Auditor General, Management and Budget, State and Treasury. The Gross Appropriation is $3,081,844,300, a decrease of 2.2 percent from last year. This budget provides for revenue sharing payments to local governments.
Higher Education Budget: As passed by the House, the bill contains a gross appropriation of $1.8 billion, $200 million more than the Senate passed version. One of the key points of difference is that the Senate version contained many cuts to financial aid programs, most considerably the Promise Grant, which was eliminated. The Senate also capped the amount of Tuition Grant money a private independent college can receive at $3 million.
Community Colleges Budget: The bill contains the appropriation for Michigan's 28 Community Colleges and the At-Risk Student Success Program. The Senate stripped out $3.5 billion for Renaissance Zone Reimbursements and $97 million in federal stimulus funds the House included for job retraining, workforce development, and job creation. This Budget appropriates $295,880,500 of General Fund money.
Supplemental Appropriation for Amtrak, DHS, and the Department of Education: The bill appropriates $400 K in restricted funds, as necessary to continue Amtrak service through the rest of the summer. The bill also appropriates $3.6 M in federal dollars to the Department of Human Services to fund 200 additional temporary staff to allow the Department to handle increased caseload demand. The bill appropriates $5.5 M in federal funds to the Department of Education for a K-16 longitudinal data system. Finally, the bill includes several Capital Outlay projects that have already been approved by Department of Management and Budget and Joint Capital Outlay Subcommittee. The bill has been sent to the Governor.
Department of Natural Resources and Department of Environmental Quality Combined Budget: This bill provides funding for a new "Department of Conservation." As passed by the House, the bill included appropriations for the both the DNR & DEQ, and included boilerplate stating that the appropriations in the bill assume the issuance and acceptance of an executive order by the Governor for the purpose of consolidating two Departments. As passed by the House, HB 4446 included $626.6 M in GF/GP funding for the department. The Senate passed version of the bill included $623.9 M in GF/GP support.
Department Agriculture Budget: As passed by the House, the bill included $86.9M in GF/GP funding for the Department. The Senate-passed version of the bill included $86.4 M in GF/GP support. The main difference between the House version of the bill and the Senate version is that the House bill assumed some revenue would be raised by increasing inspection fees.
To monitor legislation, visit www.legislature.mi.gov.