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.
To urge Republican Rep. Larry Inman of Grand Traverse County to resign from the House. Inman is under federal indictment for allegedly "selling" his vote against labor law changes to union interests in return for campaign contributions. Among other things the resolution holds that Inman has "drawn ridicule and disgrace to the state and the House of Representatives..."
The House vote on the farm loan bill described above.
To revise a law that allows certain retired school employees to work in schools that need more staff in particular subjects while still collecting pension checks alongside their current pay. According to the House Fiscal Agency this would benefit some former staff brought back as instructors in a particular non-profit's reading program used by around 150 western Michigan schools, and like other "double dipping" exceptions in the law could potentially increase unfunded liabilities in the school pension system.
To mandate that children entering kindergarten or first grade for the first time bring a form signed by a dentist or dental hygienist certifying that the child's teeth were examined and assessed within the past six months. Also, to require the state welfare department to create a dental oral assessment program for children who did not get the exam before registering for school enrollment.
To exclude from property tax assessments the value of solar panels, wind turbines and other “alternative energy systems” 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.
The House version of the fiscal year 2019-2020 Department of Transportation budget. This would appropriate $5.40 billion in gross spending, of which $1.34 billion is federal money. The budget does not "recognize" any revenue from a $2.5 billion, 45 cents per gallon gas tax increase proposed by Gov. Gretchen Whitmer, but does include a $542.5 million "fund shift" from a Republican proposal to no longer impose sales tax on fuel, replacing that levy with an equivalent increase in motor fuel (gas) taxes. Note: Most sales tax revenue goes to schools; the proposal assumes these school dollars will be replaced by extending sales tax to out-of-state catalog and internet sales after the U.S. Supreme Court lifted a ban on this last year.
To revise details of the no fault auto insurance reform bill signed into law in May (Senate Bill 1), in particular timing issues related to the implementation of the new law’s changes to minimum insurance coverage, and the customer discounts that those changes are intended to allow. This corrects provisions in Senate Bill 1 that would have required insurers to give customer discounts before the cost saving reforms required by the bill go into effect.
The House vote on the auto insurance reform "cleanup" bill described above.
To no longer mandate that auto insurance policies include unlimited personal injury protection (PIP) coverage. Customers could still choose unlimited PIP coverage, or choose policies with PIP limits of $250,000, $500,000, and for individuals covered by Medicaid, $50,000. Seniors on Medicare and individuals covered by other health insurance with less than a $6,000 deductible could choose not to purchase any PIP coverage at all.
The bill would mandate that insurers reduce charges for the PIP component of a customer’s policy by a proportional amount.
Medical service providers and hospitals could not charge more for medical care given to crash victims than twice the amount prescribed for federal Medicare reimbursements (subject to some adjustments). Limits would also be applied to long term care costs.
Trial lawyers would be prohibited from suing insurance companies for reimbursement claims that have not been authorized or are not late, or if the attorney improperly solicited a case (“ambulance chasing”).
Insurers could not set rates on the basis of home ownership, educational level attained, occupation or credit score (but could use “credit information”). Zip codes would also be barred as a rate-setting factor, but insurers may still group ratings by 'territory.'
The House vote on the auto insurance reform bill described above.
To repeal the authority of the Michigan Public Service Commission to impose rules on businesses and organizations with multiline telephone systems, and instead spell out the relevant rules in state statute (law). The bill was introduced in response to rules that have been promulgated under a 2016 law that critics say far exceed the scope envisioned by its authors.
To repeal criminal sanctions for carrying a concealed pistol after an individual's concealed pistol license has expired (currently up to five years in prison and a $2,500 fine), with a civil fine of $330 for carrying a pistol after failing to renew a license that is less than one year past its expiration. Bill supporters contend that the current penalty is excessive for that they call a "paperwork" crime.
To revise a law that prohibits local zoning codes from excluding a child foster care facility with six or fewer residents from being located in a residential neighborhood. The bill changes this to prohibit zoning ordinances that ban foster care homes with up to 10 residents if they are located on 20 acres or more.
To include “dismemberment abortion,” otherwise known as "dilation and evacuation" or D&E, in the acts specified in the state’s ban against late-term “partial birth” abortions. Unless it is to save the life of the mother, providers who perform the procedure would be liable to two years in prison and a $50,000 fine; a woman who seeks or obtains an abortion would have no criminal or civil liability.
To ban selling or giving minors electronic "vapor products" ("vapes") or any device that delivers nicotine. The bill would also authorize imposing 16 hours of community service and a “health promotion and risk reduction assessment program” on a minor who possesses or tries to buy a nicotine vapor product, along with a $50 fine. The community service penalty would double and triple for second and subsequent offenses, but the fine would still be $50. A person who sells tobacco or vapes to a minor would be subject to fines of $100 to $2,500 for a third offense.
The House version of the proposal to include “dismemberment abortion” in the acts prohibited by the state’s ban on late-term “partial birth” abortions. This is a separate bill but its provisions are the same as Senate Bill 229, described above.
To no longer mandate that auto insurance policies include unlimited personal injury protection (PIP) coverage. A customer could theoretically keep the unlimited PIP (if it remains available), or choose policies with $250,000 PIP limits. Individuals with other health insurance (including Medicare and Medicaid) could choose not to purchase any PIP coverage at all.
The Michigan Catastrophic Claims Association (MCCA) that covers the cost of unlimited PIP claims above specified amounts would be phased out by limiting its liabilities to claims covered by pre-existing policies but not new ones sold after the bill goes into effect. This would reportedly reduce MCCA surcharges on individual insurance bills by $180, based on a $220 rate that goes into effect in July 2019.
Medical service providers and hospitals could not charge more for medical care given to crash victims than the amounts prescribed by the state’s injured workers compensation insurance law. Limits would also be applied to long term care costs including weekly “attendant care” hours provided by relatives.
The bill would also make trial lawyers liable for insurance company costs incurred defending against lawsuits based on claims for excessive or medically unnecessary crash victim treatments, or if the attorney improperly solicited a case (“ambulance chasing”). It would create a State Police automobile insurance fraud task force tasked with pursuing and prosecuting fraud cases.
A Democratic amendment was adopted that would restrict insurers from setting rates on the basis of two specific “non-driving factors,” gender and the zip code where the car is garaged.
The House version of an auto insurance reform bill. This is similar to the Senate-passed reform bill described above, with these differences:
The House would not eliminate unlimited personal injury protection (PIP) coverage, but would permit insurance policies with PIP limits of $50,000, $250,000 and $500,000. Like the Senate version, individuals with other health insurance (including Medicare and Medicaid) could choose not to purchase any PIP coverage at all. The House bill attaches specific rate reduction mandates to these choices depending on the coverage selected.
The House would allow more restrictions on insurers setting rates on the basis of “non-driving factors.” State regulators would be required to ban factors with “no rational correlation between the factor and insurance losses.”
Under current law, Michigan insurance companies must file rate structure changes with the state but can start using them right away ("file and use"). The House bill would require auto insurers to wait 90 days after filing before using new rates.
Other provisions including hospital price controls and limits on trial lawyers are very similar to the Senate-passed reform bill described above.
To concur with the Senate version of the bill allowing schools to not have to make up school days missed due to the 2019 "polar vortex" cold snap, but without the House-passed provision requiring school districts to also pay hourly employees for missed school days.
To establish that property seized from a person because it may be associated with a suspected drug-related crime is not subject to “civil asset forfeiture” unless the individual is actually convicted or accepts a plea bargain. See also House Bill 4001 above. Forfeiture is a legal process by which a government agency (usually police or prosecutors) acquires permanent ownership of property seized by police.
To appropriate $10 million to make good on the promise made by a 2016 law that authorized payment of $50,000 for each year of wrongful imprisonment served by a person who did not commit the crime. The bill would require the Attorney General to file reports with the legislature on the status of claims, settlements and awards under this law. Reportedly the fund created to provide this compensation currently has just $1.1 million, and the estimated amount of claims is $22 million.
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Contact my lawmakers
Rep. Sarah Anthony, D-Lansing, District 68. (517) 373-0826. sarahanthony@house.mi.gov
Sen. Curtis Hertel, Jr., D-East Lansing, District 23. 517-373-1734 . senchertel@senate.michigan.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.
