To disapprove the appointment by Gov. Gretchen Whitmer of Anna Mitterling to the Michigan Natural Resources Commission. Reportedly the real target of this action by the Senate Republican majority is Whitmer’s nomination of current NRC member and former Grand Rapids mayor George Heartwell as chair of the commission, which has "exclusive authority to regulate the taking of game and sportfish," and designating which species may or may not be hunted. Heartwell’s nomination is opposed by the National Rifle Association because of his role as a “state membership coordinator of antigun groups" organized by former New York City mayor and current Democratic presidential candidate Michael Bloomberg.
To exempt from state Court of Claims procedural restrictions and deadlines the claims that are made by former prisoners under a 2016 law that authorizes state payments to a person wrongfully imprisoned for a crime he or she did not commit. Reportedly these obstacles have prevented a number of former prisoners from getting the compensation the law entitles them to receive.
To expand the authority and allowable options for a local government in reducing or forgiving delinquent property taxes on a property subject to foreclosure. The bill would authorize eight different options for reducing the amount of delinquent taxes that must be paid by lower income homeowners under certain circumstances.
To revise and update many details, definitions and procedures in the comprehensive regulatory regime that governs commercial fishing in Michigan. Among other things this and related bills would impose new restrictions on catches and require commercial fisherman who anchor nets in place to disclose their GPS coordinates to state authorities. The bills would also increase license fees and penalties for rule violations, impose new fish catch reporting requirements, and more.
To repeal a state law that bans ticket “scalping” at sports and entertainment events, but prohibit the sale or use of software primarily designed to interfere with an event sponsor's internet ticket sale operation, or a website that is designed to ensure an equitable ticket allocation process. Among other things the bill adds restrictions that target operations that buy-up a substantial portion of the tickets for an event with the intent of manipulating the price.
To require the state Department of Transportation to contract for a study on the feasibility of charging tolls on some interstate freeways in Michigan, including revenue projections, optimal tolling rates, vehicle counts, traffic diversion and more. Also, to assert as "the intent of the legislature" that the state apply to the federal government for permission to convert some interstate freeways to toll roads.
To revise restrictions on Great Lakes waterfront property owners when water levels are high, so as to allow temporary erosion control structures without having to undergo the process of trying to get a state permit, subject to notification requirements and using approved materials. The material would have to be removed or a permit acquired within 78 weeks.
To impose a warning label requirement on producers and sellers of recreational marijuana that is focused on women who are pregnant or breastfeeding. Products would be required to have a label warning pregnant women that use may result in “fetal injury, preterm birth, low birth weight, or developmental problems for the child.” Retailers would have to give every buyer a pamphlet measuring 3.5 inches by 5 inches that includes safety information related to marijuana use by minors, and a poison control hotline number. House Bill 4127 was also passed to require the same for medical marijuana.
To oppose a proposed rule from the state's Marijuana Regulatory Agency that would impose a mandate on prospective marijuana business licensees to sign a "labor peace agreement" with a union. The resolution text describes this mandate as forcing applicants to "accept the terms of labor unions without negotiation," and asserts it would "set a dangerous precedent for similar requirements for anyone seeking a license or permit issued by the state."
To establish that the effect of tax revenue that is foregone (not collected) due to tax breaks granted to a “data center” must be limited to non-school budgets only. Specifically, the bill would require that foregone tax revenue that would have gone to the state school aid fund but was lost because of sales tax breaks granted to “data centers” be “reimbursed” by transferring a similar amount of revenue to the school aid fund from other taxes. This refers to benefits granted to a Nevada company that occupied the former Steelcase Pyramid building in Grand Rapids, and to other “data center” businesses under the political deal that authorized these privileges.
To repeal a ban on the sale, possession or use of stun guns by adults, defined as a “device that is capable of creating an electro-muscular disruption…capable of temporarily incapacitating or immobilizing an individual by the direction or emission of conducted energy." The stun gun definition excludes launchable devices, which excludes "tasers" from the bill; current law requires a person to have concealed pistol license to carry a taser.
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 $100,000 to get a license with a $50,000 application fee and a $50,000 annual renewal fee, and would be subject to a complex state and local tax regime with rates ranging from 4% to 23% on internet gambling revenue.
To allow and establish a comprehensive licensure and regulatory regime for sports betting through Michigan Indian casinos and Detroit casinos, subject to an 8.4% state tax on receipts.
To establish a permissive licensure and regulatory regime on fantasy sports games and contests that offer money prizes, with games subject to specified restrictions and requirements, under rules the Michigan Gaming Control Board would promulgate. The bill establishes an initial license fee of $10,000 for would-be vendors with $5,000 annual renewal fees. The Detroit and Indian casinos could participate without this license.
To mandate that prescriptions be electronically transmitted to a pharmacy of the customer's choice, with various exceptions, and revise other rules related to prescription drugs.
To exempt a particular “data center” business that is also benefiting from state “renaissance zone” benefits and tax breaks from additional local and school personal property taxes levied on business tools and equipment. The bill would exempt the equipment owned by the company that occupied the former Steelcase “Pyramid” building in Grand Rapids from local debt millages, local special assessment levies, and some school property tax levies ("revenue enhancement" millages and "sinking fund" taxes).
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.
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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.
