To restrict emergency orders issued by state Department of Health and Human Services in response to an epidemic to 28 days unless an extension is approved by the legislature.
To revise the state’s public sexual offender registry law in response to a court ruling that banned enforcing new registrations, restrictions and requirements on individual registrants if these were not in force when the individual was required to register. The bill also adds some new restrictions and requirements.
To impose the same state regulations that apply to a “public swimming pool" to private "learn to swim facilities,” defined as a swimming pool used primarily for a member-based swim instruction business.
To authorize Michigan’s participation in an interstate nurses licensure compact that would allow registered nurses (RNs) and licensed practical/vocational nurses (LPNs/VNs) to get a multi-state license that is good in all states that join the compact.
To eliminate mandatory minimum sentences for many violations of the state’s environmental protection laws. This is part of a legislative criminal law reform package that makes similar changes in other laws.
To repeal provisions that authorize the state to revoke, suspend or deny an individual’s drivers license for violations of a large number of laws, many unrelated to driving or vehicles. This is part of a bipartisan legislative package that makes similar changes in other laws.
To include county road commissions in a 2018 law that caps the amount the state and local governments can charge for zoning, permits and other fees imposed on these "5G" networks. The bill would limit the power of county road commissions to regulate and tax this industry.
To establish rules for a city that contracts with a private developer (a “public-private partnership”) to build and operate a toll bridge for as long as 75 years. This is said to be focused on Bay City.
To exempt large industrial solar energy arrays covering many acres from the state “personal property tax,” and instead levy a tax on an installation equal to $3,500 per megawatt of the solar panels’ nominal “nameplate capacity,” with the revenue allocated to different taxing units using the same formula as regular property taxes. The Senate Fiscal Agency estimates the bill would likely reduce local collections by a modest amount, but that state school tax receipts potentially could be reduced.
To grant the House Standing Committee on Oversight the authority to issue subpoenas, administer oaths and examine books and records of persons, agencies or institutions related to the 2020 primary and general elections. The committee issued subpoenas to the Livonia and Detroit clerks on the same day the resolution was adopted.
To exempt large industrial solar energy arrays covering many acres from the state “personal property tax,” and instead levy a tax on an installation equal to $3,500 per megawatt of the solar panels’ nominal “nameplate capacity,” with the revenue allocated to different taxing units using the same formula as regular property taxes. Estimates suggest this would reduce net local tax collections slightly but have a greater impact on taxes levied for schools.
To create a new government “propane commission” comprised of specified officials and political appointees, with the power to impose a 1/10 of one cent per gallon "marketing assessment" on retail propane sellers if a majority of firms in the business vote for this. The mission of this new government entity would be to provide rebates for consumers to buy more efficient appliances.
To grant certain developers approved by state or local officials business income tax credits that are worth up to 25 percent of the amount spent to restore a structure that meets various criteria for being considered “historic.” Developers could "carry forward" any unused credit amount for up to 10 years. The bill would explicitly authorize foregoing up to $5 million in state revenue each year in order to deliver these subsidies to some developers.
To require the amount by which proceeds from the foreclosure sale of an individual’s tax-delinquent home exceeds the unpaid tax bill to be returned to the homeowner. Under current law owners with a small tax debt can lose everything in foreclosure.
To expand a law that lets police issue an “appearance ticket” and release an offender for certain low level offenses (as with traffic tickets). Under the bill police would not be permitted to detain and book a suspect for a misdemeanor or ordinance violation, not including domestic violence, with specified exceptions.
To establish rules for a city that contracts with a private developer (a “public-private partnership”) to build and operate a toll bridge for as long as 75 years.
To require financial institutions to adopt various procedures, protocols, staff training, reports and more intended to reveal and prevent financial exploitation of individuals. The bill also prescribes the responses that law enforcement or other relevant agencies must adopt for responding to reports of financial exploitation. Among other things bank and financial institutions would have the authority to delay the disbursement of funds or freeze accounts in some cases.
To make current military personnel, veterans, and their dependents with a medical services occupational license issued by another state eligible for license reciprocity in Michigan.
To revise the state’s public sexual offender registry law in response to a court ruling that banned enforcing new registrations, restrictions and requirements on individual registrants if these were added after the individual was required to register. The bill would repeal provisions prohibiting a registrant from living, working or loitering in a “student safety zone,” which had been invalidated by a federal court. It would also expand or revise many of the items registrants must report including phone numbers, email addresses, vehicle registrations, temporary housing changes and more.
To allow a licensed “group child care home” that is currently permitted to take care of up to 12 minor children, and a licensed family child care home permitted to take care of up to six children, to accept an additional two children for several hours of care before and after school. A facility would have to get state permission first. As introduced, the bill would have allowed an additional five children in before- and after-school care. The bill was supported by licensees but opposed by regulators in the Department of Licensing and Regulatory Affairs and by the state's main social welfare advocacy group.
Introduced by Sen. Aric Nesbitt (R), to oppose a rule proposed by 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 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."
The House adopted the resolution in a voice vote on Jan. 23, 2020.
A confirmation vote, to disapprove the appointment by Gov. Gretchen Whitmer of former Grand Rapids mayor George Heartwell as chairman of Michigan Natural Resources Commission. This was a substantive vote that actually did derail the nomination. This commission 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.
Introduced by Sen. Jim Runestad (R), to resolve that the Michigan Senate denounces the governor’s policy placing COVID-19 positive residents with uninfected residents in nursing homes.
Introduced by Rep. Ryan Berman (R), a House version of the coronavirus nursing home resolution.
Introduced by Rep. Lee Chatfield (R), to urge Republican Rep. Larry Inman of Grand Traverse County to resign from the House. Inman was under federal indictment for allegedly "selling" his vote against labor law changes before the House 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..."
To express the support of the House for "the timely issuing of permits for the construction of the Great Lakes Tunnel Project," meaning the Line-5 gas pipeline tunnel under the Straits of Mackinac.
Introduced by Ryan Berman (R), to discourage local units of government from defunding or abolishing their local police departments.
Introduced by Rep. Steven Johnson (R), to discourage Congress from expanding the size of the Supreme Court of the United States.
To establish in law that, “a health care provider or facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury (or) death sustained by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.” This liability exemption would apply only after March 9, 2020 and before July 15, 2020.
To authorize coronavirus epidemic-related remote application procedures in a law that restricts the hours and types of jobs that a minor may work, and that mandates minors get a “work permit” signed by school officials for many types of job.
To establish that businesses and other facilities are not liable for an individual catching COVID-19 on their premises unless the owner or operator acted deliberately in a manner that causes harm. The exemption would apply as long as the facility was operated in compliance with federal, state and local statutes or regulations or executive orders. "Isolated, de minimis deviations" would not be grounds for a lawsuit. The provisions would also apply to any person in the distribution chain of personal protective equipment, medical devices, drugs and more used to treat or prevent the spread of COVID-19.
To authorize employee lawsuits against an employer who takes an “adverse employment action” or “retaliates” against an employee who is absent from work during the declared coronavirus epidemic emergency because the individual is "self-isolating or self-quarantining” in response to an elevated risk or diagnosis, and require employees who test positive for the disease or have symptoms to self-quarantine and not go to work, as specified in the bill.
To give medical care providers immunity from lawsuits seeking damages for their actions and treatments during the first months of the coronavirus epidemic. The bill states:
“A health care provider or health care facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.”
This would apply retroactively for the period after March 29, 2020 and before July 14, 2020.
To prohibit officials including the governor from using an official “Integrated Public Alert Warning System” to transmit an announcement of a new law or change in government policy. The bill would limit its use to emergencies involving immediate or nearly immediate loss of life or property. Gov. Gretchen Whitmer used this system during her ongoing state of emergency to make announcements that did not meet this standard. The system is described as a “secure network connecting all of the public alert and warning systems in the United States into a single system.”
To prohibit a local government from enacting or enforcing an ordinance or rule that regulates dogs on the basis of their breed.
To suspend through the end of 2020 various limits, restrictions and requirements related to collecting state unemployment insurance benefits for layoffs related to the epidemic. Among other things benefits would be payable for up to 26 weeks instead of 20 weeks; benefit payments would not be assessed against an employer’s unemployment insurance account; workers would not have to seek another job while collecting benefits; “work-sharing” plans would be allowed; eligibility restrictions would be eased and more. The bill also clarifies that individuals who are independent contractors were eligible for benefits as of March 15, 2020. The bill is "tie-barred" to other bills extending epidemic-related liability protections to employers and other institutions, meaning it cannot become law unless they also become law.
To prohibit admitting an individual who has tested positive for coronavirus to a nursing home unless it can provide a designated area for coronavirus patients, with staff retraining to provide the appropriate level of care necessary, and with various exceptions. The bill would also order an evaluation of the COVID-19 "hospital overflow" facilities the state contracted for early in the epidemic, which were hardly used.
To permit and establish rules for a public body to hold meetings electronically, with members and votes considered to have met the usual requirements, and a requirement that members of the public be allowed to participate by phone or electronically. The bill would also require public bodies to accommodate the participation of a member who is absent due to a medical condition or a statewide or locally declared state of emergency.
To permit state grants of up to $5 million each to local broadband developers that meet specified criteria. The entities looking to enter this market and applying for a grant would have to demonstrate a genuine demand exists that is not being served by private vendors, and that they are capable of executing the venture without the cost-overruns and revenue shortfalls. The week before this vote the legislature approved a state budget that authorizes $14.3 million state taxpayer dollars for these subsidies in the 2020-21 fiscal year.
To authorize the Michigan gaming control board “to enter into agreements with other jurisdictions, including Indian tribes, to facilitate, administer, and regulate multijurisdictional internet gaming for poker by internet gaming operators,” meaning Michigan’s Indian and Detroit casinos
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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.