September 19, 2014

Capitol Recap for the Week of Sept. 15, 2014

In order to keep you and your neighbors better informed about the legislation we discuss, I am posting the agenda for any scheduled committee meetings at the beginning of the week and an update with any votes that were taken that week in committee or on the House floor. I hope you find this information helpful and please do not hesitate to contact me if I can be of further assistance.

Week of Sept. 15, 2014: House Votes

For votes of the full legislature, I will include a summary of each bill with the sponsor, the vote totals and the next step in the legislative process for the bill. If you would like to read more information about a given bill you can head to www.legislature.mi.gov.

Week of Sept. 15, 2014: Committee Meetings

Amend the Child Protection Law to allow DHS to not release or open certain documents

HB 5338 (MacGregor) Passed: 104-2

Next: Sent to the Senate for consideration

House Bill 5338 (H-3) amends the Child Protection Law to allow DHS to not release or open documents, reports, or records authored by or obtained from another agency or organization unless required by state or federal law, the release is in response to an order issued by a judge, magistrate, or other authorized judicial officer, or unless the documents are requested for a child abuse or child neglect case or for a criminal investigation of child abuse or child neglect conducted by law enforcement.

Amends the Social Welfare Act to prohibit the release or opening of certain documents

HB 5341 (Hooker) Passed: 96-10

Next: Sent to the Senate for consideration

HB 5341 amends the Social Welfare Act to prohibit documents, reports, or records authored by or obtained from another agency or organization from being released or open for inspection to individuals and groups generally able to receive information from DHS, unless required by state or federal law, or in response to a judicial order.

Subjects property gained illegally through human trafficking to civil forfeiture

HB 5233 (Kesto) Passed: 93-13

Next: Sent to the Senate for consideration

House Bill 5233 (H-1) (Kesto) subjects the assets and property of convicted criminal defendants, gained illegally through human trafficking, subject to civil forfeiture.

Creates the Alternative Contempt Track for certain individuals in arrears on child support payments

HB 5472 (Rendon) Passed: 108-0

Next: Sent to the Senate for consideration

House Bill 5472 (Rendon) amends the Support and Parenting Time Enforcement Act to allow an individual who is subject to a contempt proceeding for failure to pay child support, to have his or her case placed on an alternative contempt track docket with court approval. The alternative contempt track is available for a payer who is determined by the court to have difficulty making support payments due to specific reasons.

Amend Paternity Act to establish paternity with blood typing or DNA profiling

HB 5463 (Denby) Passed: 106-2

Next: Sent to the Senate for consideration

House Bill 5463 (Denby) amends the Paternity Act to state that if paternity is established by blood or tissue typing or DNA identification profiling is 99% or higher, conducted by a person accredited for paternity determinations by a person accredited by a nationally recognized scientific organization, and is admissible in court, then paternity is established and the court must enter an order of filiation declaring paternity and provide for support of the child.

Provide for paternity testing in certain cases

HB 5464 (Hooker) Passed: 105-3

Next: Sent to the Senate for consideration

House Bill 5464 (Hooker) would create the “Genetic Parentage Act,” which provides for genetic testing in certain paternity cases and prescribes the duties and responsibilities of certain State departments, agencies, and officers.

Allow courts to refuse to enter an order revoking acknowledgement of paternity

HB 5473 (Lori) Passed: 106-2

Next: Sent to the Senate for consideration

House Bill 5473 amends the Revocation of Paternity act to allow a court to refuse to enter an order revoking an acknowledgement of paternity if the court finds evidence that the order would not be in the best interests of the child, based on certain factors.

Require plaintiff to provide certain information required by the State Treasurer

HB 5511 (McCready) Passed: 105-3

Next: Sent to the Senate for consideration

House Bill 5511 (McCready) amends the Revised Judicature Act. Upon a judgment against the State of Michigan or State subdivision becoming final, or a claim being allowed and certified by the clerk of the Court of Claims, the plaintiff/claimant must provide the clerk any information required by the State Treasurer (Treasurer) to identify the plaintiff/claimant or, if applicable, each individual for whose benefit the action was brought or the claim made, for purposes of complying with requirements listed below or to perform the treasurer’s duties listed below. The state treasurer must notify the clerk of the information needed from a plaintiff/claimant to satisfy this section.

Allow for the denial of Family Independence Program benefits when recipient fails to comply with certain requirements

HB 5512 (Kurtz) Passed: 94-14

Next: Sent to the Senate for consideration

House Bill 5512 (H-1) (Kurtz) amends the Social Welfare Act to allow for the denial of Family Independence Program (FIP) benefits if a recipient fails, without good cause, to comply with applicable child support requirements. HB 5512 (H-1) also removes the DHS’s ability to promulgate rules in accordance with the Administrative Procedures Act.

Create the “Summary Report and Paternity Act”

HB 5465 (Kurtz) Passed: 104-4

Next: Sent to the Senate for consideration

This Act can only be used by a Title IV-D agency to establish paternity and support. A man is the father of a child born out of wedlock if the man has been determined to be the child’s father under this Act, other Michigan law, or the law of another state. If the paternity of a child born out of wedlock has not otherwise been established and the child is either supported in whole or in part by public assistance or if either party has signed an application for services under Title IV-D, the Title IV-D agency may file a statement with the court on behalf of the child, the mother, or the alleged father.

Provides for consolidation of child support functions into one agency

HB 5466 (Kosowski) Passed: 98-10

HB 5467 (Hooker) Passed: 96-12

HB 5468 (Victory) Passed: 96-12

HB 5469 (Kurtz) Passed: 96-12

HB 5470 (Kesto) Passed: 96-12

HB 5471 (Outman) Passed: 95-13

Next: Sent to the Senate for consideration

Amends the Paternity Act to allow the DHS and prosecuting attorney to enter into an agreement to transfer the prosecutor’s responsibilities under this Act to one of the following:

• The friend of the court, with the approval of the chief judge of the circuit court;

• An attorney employed or contracted by the country; or,

• An attorney employed by or under contract with the DHS.

Modifies how a parent can fill out an acknowledgement of parentage form when a child is born out of wedlock

HB 5510 (Kurtz) Passed: 108-0

Next: Sent to the Senate for consideration

House Bill 5510 (Kurtz) modifies how a mother or father can fill out an acknowledgement of parentage form when a child is born out of wedlock. A form will be effective if signed by the mother and father and those signatures are each notarized by a notary public or witnessed by one disinterested, legally competent adult.

Allow parents to appeal a paternity determination based on genetic testing

HB 5583 (Hovey-Wright) Passed: 106-2

Next: Sent to the Senate for consideration

House Bill 5583 amends the Revocation of Paternity Act, which will allow mothers and genetic fathers an opportunity to appeal a paternity determination based on genetic testing.

Amends the Income Tax Act to make an exception to withholding requirements in certain cases

SB 473 (Brandenburg) Passed: 107-1

Next: Returned to the Senate

SB 473 amends the Income Tax Act to make an exception to withholding requirements for a flow-through entity if the withholding would violate certain restrictions pertaining to housing assistance programs.

Make it a felony to fraudulently indicate on a certificate of title that there was not a security interest for a vehicle

SB 915 (Casperson) Passed: 108-0

Next: Returned to the Senate

The bill would amend the Vehicle Code to make it a felony to fraudulently indicate on a certificate of title that there was not a security interest on record for a vehicle, or to forge or counterfeit a letter from the holder of a security interest in a vehicle stating that the security interest had been released. In addition to general felony penalties under the Vehicle Code, a person who violated either of the proposed prohibitions would be required under the bill to pay restitution to the holder of the security interest in the vehicle in the amount of the outstanding lien on the vehicle.

Extends the sunset that allows excess revenues deposited in the Crime Victim’s Rights Fund to be spent on a statewide trauma system

HB 4915 (Lori) Passed: 105-3

Next: Sent to the Senate for consideration

House Bill 4915 (Lori) amends MCL 780.904 to extend the sunset that allows excess revenues deposited in the Crime Victim’s Rights Fund to be spent on a statewide trauma system. The use of funds in this manner has a statutory sunset of Oct. 1, 2014. House Bill 4915 extends the sunset four more years to Oct. 1, 2018.

Authorizes the Secretary of State to enter into contracts to establish and operate an electronic lien title system

SB 916 (Nofs) Passed: 108-0

SB 917 (Bieda) Passed: 108-0

SB 918 (Brandenburg) Passed: 108-0

Next: Returned to the Senate

Senate Bills 916-918 authorize the Secretary of State to enter into contracts to establish and operate an electronic lien title system to process the notification and release of security interests through electronic file transfers, in lieu of the issuance and maintenance of paper documents. The bills make additional necessary changes to the Vehicle Code to facilitate the switch to the electronic system.

Changes the requirements and process of wage garnishment

HB 5390 (Cotter) Passed: 102-6

HB 5391 (McCready) Passed: 102-7

Next: Sent to the Senate for consideration

HBs 5390 & 5391 would change the way that wage garnishment is done in Michigan, specifically what is required when an order is directed to a third party (the garnishee/employer) to withhold periodic or non-periodic payment of assets.

Provides courts authority to impose certain additional costs on criminal defendants

HB 5785 (Walsh) Passed: 95-14

Next: Sent to the Senate for consideration

House Bill 5785 (H-1) (Walsh) provides courts general statutory authority to impose certain additional costs on criminal defendants. The bill is in response to the June 18, 2014 Michigan Supreme Court (MSC) decision in People v. Cunningham (496 Mich. 145 (Mich.), 2014 WL 2765734 (Mich.) in which the court unanimously held that trial courts may impose costs on guilty criminal defendants only where such costs are separately authorized by statute.

Fix a drafting error made when the Michigan Merit Curriculum was amended by HB 4465

HB 5793 (Lyons) Passed: 109-0

Next: Sent to the Senate for consideration

HB 5793 (H-1) fixes a drafting error made when the Michigan Merit Curriculum was amended by HB 4465 (PA 208 of 2014), which among other things struck out language which established that beginning with the class of 2016, students would be required to have two years of foreign language through their public education.

Prohibits vehicle makers from preventing a dealer from charging customers certain fees

HB 5606 (Nesbitt) Passed: 106-3

Next: Sent to the Senate for consideration

This bill would prohibit vehicle makers from preventing a dealer from charging customers a fee or charge allowed by the law that authorizes the state to enforce exclusive new car dealer “territories” and regulates commercial relationships between dealers and manufacturers.

Prohibits a health care provider from being subject to investigation or disciplinary action

HB 5649 (Jenkins) Passed: 109-0

Next: Sent to the Senate for consideration

The bill would, except in the cases of gross negligence or willful misconduct prohibit a health care provider or health care facility from being subject to Department investigation or disciplinary action relating to the “Right to Try Act” (SB 991).

FY 2013-14 supplemental to offset HICA shortfall

SB 616 (Kahn) Passed: 78-31

Next: Returned to the Senate

Senate Bill 616 (S-1) (Kahn) is a FY 2013-2014 supplemental. The bill appropriates $260,106,700, of which $173,322,700 is General Fund/General Purpose. The bill deals with the appropriation of revenue received due to the Medicaid MCO Use Tax imposed to offset the shortfall in HICA revenue.

Designate $5.5M of Autism Coverage Reimbursement fund for university and family programs

HB 5742 (O’Brien) Passed: 88-21

Next: Sent to the Senate for consideration

The bill would add a new section to the Autism Coverage Reimbursement Act of 2012 and would designate $5.5 M of the fund be appropriated to university autism programs and autism family assistance services for FY15 only.

Energy and Technology

Agenda:

A presentation reviewing the implementation and operation of the Michigan Energy Assistance Program

Regulatory Reform

Agenda:

HB 5419 - (Rep. LaFontaine) - Occupations; athletic trainers; license fee and continuing education hours for athletic trainers; modify, and require training on use of automated external defibrillator.

Reported from committee by a 13-0-0 vote

SB 1017 - (Sen. Kahn) - Taxation; tobacco; compensation for upgrades to technology and equipment; clarify.

Reported from committee by a 12-0-1 vote

HB 5731 - (Rep. Haveman) - Administrative procedure; rules; adoption of rules; enact requirements for rules that are more stringent than federal regulations.

Testimony Only

Pending Referral:

HB 5798 (Rep. Crawford) Liquor; other; powdered alcohol, conditional licenses, and brand logoed items; prohibit and clarify.

Testimony Only

Transportation and Infrastructure

Agenda:

HB 5714 - (Rep. McCready) - Transportation; carriers; motor carrier act; modify procedure for issuance of authority and other general revisions.

Testimony Only

HB 5715 - (Rep. Dianda) - Highways; bridges; renaming of M-64 bridge over the Ontonagon river in Ontonagon, Michigan; designate as the “Ontonagon County Veterans Memorial Bridge”.

Reported from committee by a 15-0-0 vote

SB 882 - (Sen. Casperson) - Transportation; other; requirement of annual certification of employee-related conditions by local road agencies; repeal.

Testimony Only

Health Policy

Agenda:

SB 991 - (Sen. Pappageorge) - Health; other; experimental therapies for certain individuals; facilitate use.

Reported from committee by a 17-0-0 vote

HB 5649 - (Rep. Jenkins) - Health; occupations; action against certain professional licenses for conduct regarding access to or treatment with an investigational drug pursuant to the new “Right to Try” act; prohibit.

Reported from committee by a 17-0-0 vote

SB 880 - (Sen. Gregory) - Occupations; psychologists; licensing requirements; expand to allow the board to approve certain doctoral programs and extend date by which the programs must receive certain designations or accreditations.

Testimony Only

Oversight

Agenda:

HB 5781 - (Rep. Lori) - Legislature; rules; provision related to authorization for the administration of oath of office; modify.

Reported from committee by a 8-0-0 vote

HB 5784 - (Rep. Stamas) - Legislature; rules; certain publications of the legislative service bureau; modify requirements.

Testimony Only

SB 431 - (Sen. Caswell) - State financing and management; purchasing; biobased procurement plan for state of Michigan purchasing; create.

Testimony Only

HB 4246 - (Rep. Muxlow) - State financing and management; purchasing; biobased procurement plan for state of Michigan purchasing; create

Testimony Only

Natural Resources

Agenda:

HB 5563 - (Rep. LaFontaine) - Environmental protection; solid waste; abandoned vehicle disposal process for watercraft, snowmobiles, and ORVs; establish.

Testimony Only

Tax Policy

Agenda:

SB 113 - (Sen. Green) - Property tax; exemptions; certain conservation easements; exempt.

Reported from committee by a 12-0-0 vote

HB 5616 - (Rep. Yonker) - Property tax; exemptions; real and personal property of a nonprofit charitable organization; modify exemptions

Testimony Only

Appropriations

Agenda:

HCR 35 - (Rep. McCready) - A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages.

Reported from committee by a 24-0-2 vote

SB 616 - (Sen. Kahn) - Appropriations; zero budget; supplemental appropriations; provide for fiscal year 2013-2014.

Reported from committee by a 21-0-5 vote

HB 5742 - (Rep. O’Brien) - Insurance; health; distribution and use of autism coverage fund revenue; modify

Reported from committee by a 22-2-4 vote

Agriculture

Agenda:

SB 685 - (Sen. Booher) - Agriculture; weights and measures; date reference in handbook; revise to 2013.

Testimony Only

Financial Services

Agenda:

HB 5412 - (Rep. Jenkins) - Financial institutions; banks; savings promotion raffles by state banks; allow.

Reported from committee by an 11-0-1 vote

HB 5413 - (Rep. Jenkins) - Crimes; gambling; gambling and lottery crimes; clarify exclusion for savings promotion raffles by state banks.

Reported from committee by an 11-0-1 vote

Families, Children and Seniors

Agenda:

HB 5444 - (Rep. MacGregor) - Children; foster care; educational fund for foster children who are adopted or age out of foster care; establish.

Reported from committee by a 9-0-0 vote

HB 5743 - (Rep. Rendon) - Children; adoption; court in which adoption petition may be filed; modify.

Reported from committee by a 9-0-0 vote

HB 5744 - (Rep. Kurtz) - Children; foster care; filing fee requirement for actions involving the young adult foster care act; eliminate.

Reported from committee by a 9-0-0 vote

HB 5745 - (Rep. Jenkins) - Children; foster care; continued court jurisdiction in certain foster care guardianship cases; allow.

Reported from committee by a 9-0-0 vote

HB 5746 - (Rep. Jenkins) - Children; foster care; continued court jurisdiction under the young adult voluntary foster care act; allow

Reported from committee by a 9-0-0 vote

Education

Agenda:

HB 5669 - (Rep. VerHeulen) - Education; teachers; use of school-provided professional development hours toward certification or renewal; allow for nonpublic school teachers.

Reported from committee by a 15-0-0 vote

HB 5793 - (Rep. Lyons) - Education; graduation requirements; requirements for high school diploma; clarify foreign language Michigan merit standard curriculum requirement.

Reported from committee by a 15-0-0 vote

For Referral to the Michigan Competitiveness Committee:

HR 301 - (Rep. Abed) - A resolution to memorialize the Congress and the President of the United States to enact legislation that would fund state Pay-It-Forward college financing pilot programs.

Referred by a 15-0-0 vote

Commerce

Agenda:

HB 5606 - (Rep. Nesbitt) - Trade; business practices; provision regarding prohibited conduct by manufacturer; modify.

Reported from committee by an 18-0-0 vote

SB 623 - (Sen. Kowall) - Businesses; nonprofit corporations; nonprofit corporation act; make general revisions.

Testimony Only

SB 624 - (Sen. Jones) - Businesses; charitable organizations; act relating to dissolution of domestic charitable purpose corporations; provide for general revisions.

Testimony Only

SB 929 - (Sen. Bieda) - Businesses; limited liability companies; mergers and conversions involving nonprofit corporations; allow.

Testimony Only

Tourism

Agenda:

Buy Nearby presentation by the Michigan Retailers Association

Judiciary

Agenda:

TESTIMONY ONLY:

HB 5366 - (Rep. LaFontaine) - Probate; guardians and conservators; fiduciary access to digital assets act; enact.

HB 5367 - (Rep. Lauwers) - Probate; wills and estates; powers of personal representatives; enact fiduciary access to digital assets act.

HB 5368 - (Rep. Cotter) - Probate; other; definitions relating to the fiduciary access to digital assets act; enact.

HB 5369 - (Rep. Leonard) - Probate; powers of attorney; authority or agent; enact fiduciary access to digital assets act.

HB 5370 - (Rep. Jenkins) - Probate; trusts; fiduciary access to digital assets act; enact.

HB 5450 - (Rep. Shirkey) - Weapons; firearms; mail order air rifles; allow.

HB 5748 - (Rep. Rendon) - Weapons; firearms; reference to certain repealed definition in the penal code; eliminate.

HB 5749 - (Rep. Pettalia) - Weapons; firearms; regulation of spring, gas, or air operated handguns; repeal.

HB 5750 - (Rep. Franz) - Weapons; firearms; definition of firearms; modify.

Local Government

Agenda:

TESTIMONY ONLY:

HB 4235 - (Rep. Johnson) - Local government; audits; audit requirements for local government authorities; allow 2-year audit under certain conditions.

HB 5617 - (Rep. Yonker) - Libraries; other; compensation to members of the board of directors; allow.

HB 5678 - (Rep. O’Brien) - Townships; ordinances; definition of public nudity; clarify that it does not include breastfeeding or expressing of breast milk.

HB 5679 - (Rep. Haines) - Cities; home rule; definition of public nudity; clarify that it does not include breastfeeding or expressing of breast milk.

HB 5680 - (Rep. Denby) - Cities; home rule; definition of public nudity; clarify that it does not include breastfeeding or expressing of breast milk.

HB 5681 - (Rep. Kowall) - Villages; general law; definition of public nudity; clarify that it does not include breastfeeding or expressing of breast milk.

HB 5684 - (Rep. Pscholka) - Drains; districts; acquisitions of interests in real or personal property by a drainage district; authorize.

HB 5685 - (Rep. Pscholka) - Drains; districts; intercounty drainage districts; modify application process.

HB 5686 - (Rep. Pscholka) - Drains; districts; drainage issues caused by highway construction or maintenance; authorize establishment of a drainage district.

HB 5730 - (Rep. Genetski) - Traffic control; traffic regulation; use of compression brakes on certain portions of state trunk lines; allow local government to prohibit under certain circumstances.

SB 712 - (Sen. Walker) - Property; boundaries; remonumentation of Indiana-Michigan state line; extend sunset.

Insurance

Agenda:

TESTIMONY ONLY:

HB 4995 - (Rep. Nesbitt) - Traffic control; violations; electronic proof of insurance verification; allow, and provide for cancellation of registration under certain circumstances.

HB 5636 - (Rep. Cotter) - Insurance; no-fault; operation of golf cart on public highway without requirement of no-fault insurance; allow.

FOR TESTIMONY ONLY PENDING INTRODUCTION AND REFERRAL:

HB 5823 (Rep. Lund) Insurance; insurers; procedures for own risk and solvency assessment; provide for.


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Office Address
S1086 House Office Building

Mailing Address
P.O. Box 30014
Lansing, MI 48909-7514

Phone: (517) 373-0587
Fax: (517) 373-9430

Email
TomCochran@house.mi.gov

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September 2, 2014

Capital Area Legislators Introduce School Funding Increase Proposal

Bill would increase the minimum per-pupil funding to $83

 

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I’m state Representative Tom Cochran, and I serve Michigan’s 67th House District.

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Sincerely,

Tom Cochran

State Representative Tom Cochran

67th House District

 
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