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 would extend this preemption to include 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.
To delay for one year a requirement that annual year-end evaluation ratings of public school classroom teachers be 40 percent based on student growth and assessment data (state-administered tests), with the rest of the evaluation based on more subjective factors determined by local school administrators. Under current law this standard would go into effect for the 2018-2019 school year. The House also passed Senate Bill 202 to delay similar standards for administrators.
To raise the age of defendants from age 17 to age 18 in the factors considered when determining juvenile vs. adult court jurisdiction over a minor accused of certain crimes. This is part of a broader "raise the age" juvenile justice reform effort.
To establish that property seized from a person because it may be associated with a crime is not subject to “civil asset forfeiture” unless the individual is actually convicted or accepts a plea bargain, subject to various exceptions and conditions. This would not apply to police seizures of property worth $50,000 or more.
Note: With passage of this and House Bills 4001 and 4002 this week the House and Senate finalized this proposal and sent it to Gov. Whitmer for approval.
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. This would not apply to police seizures of property worth $50,000 or more. Forfeiture is a legal process by which a government agency (usually police or prosecutors) acquires permanent ownership of property seized by police. House Bill 4002 prescribes specific procedures, notice requirements, deadlines and more.
To disapprove Gov. Gretchen Whitmer's Executive Order No. 2019-02, which reorganizes and renames the state Department of Environmental Quality (henceforth the "Department of Environment, Great Lakes, and Energy"), creates several new bureaus within the department, and abolishes three other bureaus created by legislation enacted in 2018 and signed by former Gov. Rick Snyder.
The abolished entities are an environmental rules review committee tasked with assessing the reasonableness of new environmental regulations; an environmental permit appeal panel to review permit-related grievances from individuals and business; and an environmental science advisory board to advise the governor on environmental issues.
An executive order has the force of law unless it is disapproved within 60 days by a majority of those elected and serving in both the House and Senate. Both bodies have now done so, thereby halting the executive order.
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. This would not apply to police seizures of property worth $50,000 or more. The bill also authorizes a process allowing individuals who have lower value property seized to just give it up, and revises procedural details for reimbursement claims by a person with an ownership interest in the seized property (for example the issuer of a vehicle loan).
To disapprove Gov. Gretchen Whitmer's Executive Order No. 2019-02, which reorganizes and renames the state Department of Environmental Quality (henceforth the "Department of Environment, Great Lakes, and Energy"), creates several new bureaus within the department, and abolishes three other bureaus created by legislation enacted in 2018 and signed by former Gov. Rick Snyder.
The abolished entities are an environmental rules review committee tasked with assessing the reasonableness of new environmental regulations; an environmental permit appeal panel to review permit-related grievances from individuals and business; and an environmental science advisory board to advise the governor on environmental issues.
An executive order has the force of law unless it is disapproved within 60 days by a majority of those elected and serving in both the House and Senate, meaning if the Senate concurs with this vote the departmental reorganization will not take place. The Senate Oversight Committee has held one hearing on the measure and plans to hold more before deciding whether to advance it to the full Senate.
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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.
