To establish a regulatory regime for collecting state sales and use tax on purchases by residents from internet and catalog merchants in other states. This follows the 2018 U.S. Supreme Court opinion in South Dakota v. Wayfair that allows states to levy sales and use tax on out of state sellers who have more than $100,000 in sales or 200 transactions annually in a state, and creates a collection system that meet standards suggested by the court's ruling. House Bills 4540 and 4541 authorize and create rules for smaller retailers selling into the state through third party “marketplace facilitators," which is the model used by Amazon.com.
To require police to get a warrant to access information in an electronic device including cell phones, or to access electronic communication information from an internet service provider, with a number of exceptions and exclusions, including one for stolen device reports. The bill would also prohibit the warrantless use by police of “cell-site simulators” that mimic a cellular base station and can intercept cell phone data from individuals.
To make it unlawful for law enforcement officials to obtain, access, or use any face recognition technology or any information obtained from the use of face recognition technology to enforce the law, with some exceptions. Evidence gathered with this technology could not be admitted in court. Exceptions include using the technology if an emergency poses "imminent risk to an individual or individuals of death, serious physical injury, sexual abuse, live-streamed sexual exploitation, kidnapping, or human trafficking" that the technology may prevent or stop.
To authorize $459.3 million in additional spending in the 2019-20 state budget, of which $177.0 million is federal money. This spending was part of the $947 million that Gov. Gretchen Whitmer used her line-item veto authority to remove from budgets passed by the Republican-controlled legislature. See also Senate Bill 377, which adds another $114.5 million in additional education spending, for a total of $573.8 million.
The added spending in the two bills is spread across many budget line items, and includes $340 million more for Medicaid and other social welfare programs and $35 million in operations funding for charter schools. The House passed the same provisions in Senate Bills 152 and 154.
The House vote on the state spending compromise described above. The different bills passed by the House and Senate contain the same provisions, and will be reconciled next week.
To explicitly permit deer and elk baiting for hunting. This would be limited to 5 gallons of bait at each hunting site, with no piece of bait larger than a sugar beet. The bill is a response to a baiting ban imposed by a state Natural Resources Commission in 2018. Versions of the bill have passed both the state House and Senate, but news reports indicate Gov. Gretchen Whitmer is unlikely to sign it.
To convert a registration mandate now imposed on acupuncturists into a comprehensive licensure regime, including training and apprenticeship requirements, license fees, regulations specified in the bill plus additional ones that state licensure officials would be authorized to impose, and more.
To allow liquor makers to get a higher wholesale price if 40 percent of the grain they use is grown in Michigan. Under Michigan's extraordinarily detailed "liquor control" regulatory regime, the state government is the sole statewide wholesaler of all distilled liquor, and sells to retailers at uniform statewide prices. Fiscal analysts project the bill would reduce state revenue by $9.4 million.
To authorize automatic expungement of up to two felony and four misdemeanor convictions from an individual's public criminal history records. This would apply when 10 years have passed from the date of sentencing or discharge for a felony, and seven years after a misdemeanor, but would not apply for an assaultive crime, a "crime of dishonesty," or some others deemed “serious.”
To allow a person to petition to have a past marijuana criminal offense that would be legal under current law expunged from his or her record, and require courts to grant it.
To allow some traffic offenses to be expunged or “set aside” from a person’s criminal record, but not drunk driving or offenses that caused a serious injury or death. The traffic violation records held by the Secretary of State for drivers license "points" and related purposes would not be affected.
To permit several felony and misdemeanor convictions to be expunged from a person's criminal record where they were part of a single incident. This would not apply to assaultive crimes, dangerous weapon crimes and crimes punishable by 10 or more years in prison.
To explicitly permit deer and elk baiting for hunting, and feeding deer and elk during hunting season. Baiting would be limited to 5 gallons of bait at each bait site. Separately, the bill would also establish that feeding wild birds or other wildlife is permissible if done in a way that excludes wild, free-ranging white-tailed deer and elk from gaining access to the feed. The bill is a response to a baiting ban imposed by a state Natural Resources Commission in 2018.
To exclude from property tax assessments the value of solar panels, wind turbines and other “alternative energy systems” in a residence, and which produce less than 150 kilowatts of electricity for a household whose use does not exceed this level.
To establish a permissive licensure and regulatory regime on fantasy sports games and contests that offer money prizes. The bill establishes an initial license fee of up to $50,000 for would-be vendors with $20,000 annual renewal fees. Individuals who run small scale fantasy sport games from their home would be exempt from licensure, and information obtained from a licensee’s records would be exempt from disclosure under the state's Freedom Of Information Act.
To establish a comprehensive regulatory and licensure regime that allows the Detroit and Michigan Indian casinos to enter the internet gambling business. Operators would have to pay $300,000 to get a license with a $100,000 annual fee, and an 8 percent tax would be levied on the gross internet gambling revenue.
To allow and establish a comprehensive licensure and regulatory regime for sports betting through Indian casinos and Detroit casinos, with an 8% tax on the gross receipts of the latter. Detroit casinos could also provide online sports betting.
To overhaul existing rules on the livestock and farm animal industry, and expand the authority of state officials to establish new requirements and regulations, including ones to control the spread of animal diseases and infections. The bill also extends a 2020 deadline for imposing laying hen cage size requirements until the start of 2026.
To establish a regulatory regime for collecting state sales and use tax on purchases by residents from internet and catalog merchants in other states. This follows the 2018 U.S. Supreme Court opinion in South Dakota v. Wayfair that allows states to levy sales and use tax on out of state sellers who have more than $100,000 in sales or 200 transactions annually in a state, and creates a collection system that meet standards suggested by the court's ruling. House Bills 4540 and 4541 authorize and create rules for smaller retailers selling into the state through third party “marketplace facilitators," which is the model used by Amazon.com.
To reimburse counties for the cost of providing juvenile justice services to minors age 17 and under who are charged with a crime. This has been the contentious "who pays?" piece of a multi-bill initiative to no longer automatically treat minors who commit certain crimes as adults, and prohibit housing them in the same facilities with adult prisoners. Under the bill, counties would get 100 percent reimbursement from the state until October 2025, when the issue would be reviewed using cost data the legislation requires be assembled. With this weeks votes a broader "raise the age" reform effort now goes to Gov. Whitmer for approval.
To modify scope of practice and licensing requirements for licensed professional counselors, which prescribes the extent and limits of the medical interventions a licensee may perform. The bill is a response to rules proposed by state regulators to remove the ability of licensed "counselors" to diagnose and offer psychotherapy.
To revise a law that prescribes how long records of an individual's traffic offenses must be kept. Current law requires records for most violations to be kept for seven years, and certain serious violations for the rest of the violator’s life. The bill would change the minimum retention period to four years for violations that carry no drivers license “points,” and also for some violations that come with two- or three-points.
To give the state Liquor Control Commission the power to seize beer, wine, mixed spirit and mixed wine drinks, in order to inspect for compliance with the state's extraordinarily detailed and complex "liquor control" regulatory and license regime. The bill would also repeal a one-year residency requirement imposed on applicants for a liquor wholesaler license, after the U.S. Supreme Court invalidated a similar Tennessee law as a violation of the U.S. Constitution's commerce clause.
To prohibit licensed liquor manufacturers from requiring licensed wholesalers to give the manufacturer records related to the distribution of different brands, employee compensation or business operations that are not directly related to the distribution of the maker’s brands. The bill would also add other restrictions on liquor manufacturer business practices to the state's "liquor control" regulatory and license regime.
To exclude from property tax assessments the value of solar panels, wind turbines and other “alternative energy systems” as defined in the bill that are installed, replaced or repaired in a residence, and which produce less than 150 kilowatts of electricity for a household whose use does not exceed this level. Senate Bill 48 extends the same tax break to commercial entities, capped at systems valued at $80,000 or less.
To appropriate $5.386 billion in gross spending on roads, buses and other transportation programs in the fiscal year that begins Oct. 1, compared to $4.843 billion enrolled the previous year. Of this, $1.252 billion is federal money. The legislature did not enact a 45 cent per gallon gas tax increase proposed by Gov. Gretchen Whitmer (which was never introduced as legislation), but did include $468 million in state income tax revenue earmarked to roads by two previous legislatures. The legislature's budget also directs $400 million in additional state revenue generated by a growing economy to road repairs.
The House vote on the transportation budget described above.
The Legislature's Higher Education budget for the 2019-20 fiscal year which begins Tuesday. This would appropriate $1.685 billion for state universities, compared to $1.669 billion enrolled the previous year. Part of each school's funding would be contingent on not increasing tuition and fees more than 4.4% or $587, whichever is greater.
The House vote on the Higher Education budget described above.
To adopt a state Department of Health and Human Services budget for the fiscal year that begins Oct. 1. This budget funds the state's social welfare programs and would appropriate $26.452 billion in gross spending, of which $18.393 billion is federal money; this budget is up from $24.880 billion enrolled the previous year. This is the largest state department budget, accounting for nearly 45 percent of all state spending.
The House vote on the Welfare and Medicaid budget described above.
To authorize additional property tax exemptions to a particular “data center” business that is also benefiting from state “renaissance zone” subsidies and tax breaks. The bill appears to seek benefits for the Nevada company that occupied the former Steelcase “Pyramid” building in Grand Rapids.
The conference report for K-12 school aid budget for the fiscal year that begins Oct 1, 2019. The bill appropriates $15.235 billion compared to $14.765 billion approved the previous year, of which $1.749 billion is federal money. The bill increases state "foundation allowance" payments to schools by $120 per pupil for higher-spending school districts, and $240 per pupil for districts that get less funding; the minimum amount per student rises from $7,871 to $8,111. All Democrats and one Republican voted "no" on this budget.
The House vote on the K-12 budget described above. All Republicans were joined by 33 Democrats in voting "yes" on this budget.
To change the rules on annual state taxpayer subsidies granted to the former Federal Mogul company in the 2000s, so that the company that bought the firm in 2018 (Tenneco) can collect additional subsidies said to be around $12 million, on top of some $60 million already given to the owners of this facility over the years. As introduced, this bill would have prohibited modifications to these deals that extend taxpayer liability, as this bill now does.
To increase the cap on the cash value of residential rental property eligible for property tax breaks under a “neighborhood enterprise zone” subsidy program for developers. The cap would rise from $80,000 per unit in cash value to $120,000 per unit, and this would be indexed to inflation going forward.
To convert a registration mandate now imposed on acupuncturists into a more comprehensive licensure regime, including training and apprenticeship requirements, license fees, regulations specified in the bill plus additional ones that state licensure officials would be authorized to impose, and more.
To designate a portion of US-24 in Wayne County as the "Julie Plawecki Memorial Highway."
To increase the license fees on a range of occupations in which licensure mandates are imposed as a condition of earning a living in the trade. Technically, this and a number of related bills repeal the sunsets of previously enacted fee increases that were styled as "temporary." In this case, the "temporary" higher fees will remain in effect through the 2023 fiscal year.
To extend until 2023 the sunset on a law that authorizes a surcharge of up to $1 per month on residential electric bills, and uses the money collected to give up to $50 million a year to social welfare program beneficiaries to pay their heating bills. The current levy imposed on electric service ratepayers for this is 91 cents per month.
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Contact my lawmakers
Sen. Curtis Hertel, Jr., D-East Lansing, District 23. 517-373-1734 . senchertel@senate.michigan.gov
Rep. Sarah Anthony, D-Lansing, District 68. (517) 373-0826. sarahanthony@house.mi.gov
SOURCE: MichiganVotes.org, a free, non-partisan website created by the Mackinac Center for Public Policy, providing concise, non-partisan, plain-English descriptions of every bill and vote in the Michigan House and Senate. Please visit www.MichiganVotes.org.
Permission to reprint this legislative summary in whole or in part is hereby granted, provided that www.MichiganVotes.org is properly cited.
