To establish that the director of the Department of Health and Human Services does not have the authority to issue epidemic-related emergency orders that close schools for in-person instruction or prohibit school sporting events. The legislature gave this authority to the state health department director in the Public Health Code enacted in 1978; the bill would amend that law by instead giving this authority to local health departments.
To establish that the emergency executive orders issued by the governor or the state health department do not relieve county clerks of their duty to process concealed pistol carry permits, or the State Police of their duty to provide fingerprinting services for this.
To revise a law that punishes a school district that hires an instructor, counselor or administrator who has not complied with the licensure mandates imposed by law on these professions. Currently, the amount paid to the individual is deducted from state school aid. The bill would deduct 50 percent for 10 days after a district is notified, and then revert to the usual 100% deduction. The same law makes it a felony subject to a $1,500 fine for a school official who fails to comply. The Senate Fiscal Agency reports that just under $1.0 million in penalties was assessed on districts in the 2019-20 school year.
To appropriate $1.946 billion in additional school spending in the 2021-22 fiscal year, of which $1.876 billion is federal money and $170 million comes from state tax collections. However, $840 million of the federal money may only be spent if House Bill 4049 becomes law, which transfers the power to close schools during an epidemic from the state health department to local health departments.
The House vote on the school spending bill described above.
To appropriate $2.309 billion in state and federal epidemic relief dollars, with $1.677 federal money and $632 million coming from state taxpayers. Of this, $600 million would go for food stamps, $150 million for unemployment benefits, $150 million to temporary raises for front-line social welfare direct care workers, $110 million for vaccines, $547 million for more coronavirus testing and lab grants, $282 million in rental housing subsidies of which $62 million is for administration, $300 million state dollars for property tax relief and much more. Of the testing and lab grant dollars, $347.3 million can only be spent if a bill passes limiting state health department emergency orders to 28 days without legislative approval (see Senate Bill 1).
The House vote on the supplemental spending bill described above.
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, and instead limit its use to emergencies involving immediate or nearly immediate loss of life or property. Gov. Gretchen Whitmer used this system during a 2020 state of emergency she had ordered 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 appropriate $672.7 million federal dollars and $55 million collected from state taxpayers for various coronavirus response activities including $390.1 million more for vaccine distribution and virus tests, $282.5 million more for rental subsidies, and $55 million state dollars to give a $2.25 hourly raise to certain social welfare direct care workers through September.
To appropriate an additional $1.246 billion for Michigan's public school system in the 2020-2021 fiscal year. Of this, $932 million is federal money and the rest comes from state taxpayers. A total of $807 million would be allocated to school districts based on the number of children from lower income households they enroll. Another $90 million would go to K-8 summer school programs and $45.0 million for high school credit recovery programs, with smaller amounts for other purposes.
To add to the dozens of violations specified in a state consumer protection act a new one that applies to a private third party who offers “online services that are performed by a state agency, department, or division” without “conspicuously” indicating that the operation is not a government entity, and without disclosing the prices and terms.
To place before voters in the next general election a constitutional amendment to require that bills passed in a “lame duck” legislative session held after the election in an even year must get a two-thirds House and Senate majority vote to become law. To be placed on the ballot, a House or Senate Joint Resolution proposing a constitutional amendment much get at least a two-thirds majority in both the House and Senate. Approval by the governor is not required.
To exempt “broadband equipment” used by some internet providers from personal property taxes levied on business tools and equipment. The beneficiaries would be firms claiming to "resolve a lack of broadband service," which is undefined in the bill. For this reason the Senate Fiscal Agency is unable to estimate how much revenue the state and local governments may forego if the bill becomes law.
To authorize Michigan’s participation in an interstate physical therapist licensure compact that would make it easier for a therapist seeking licensure in more than one state to demonstrate licensure status in his or her home state. The bill would establish that a therapist licensed in a member state that has complied with the compact’s detailed provisions would be granted a “compact privilege” to practice in other compact member states, subject to those other states' laws.
To appropriate $868.5 million in recently-approved federal coronavirus relief money, which is about 25% of the entire amount available to the state, with the rest to be allocated later. The appropriation directs $510 million federal dollars to expand food stamp distributions and related programs; $165.5 million for household rent and utility subsidies; $143.7 million for coronavirus testing and contact tracing; and smaller amounts for other purposes.
To revise school spending in the 2021-22 fiscal year to accommodate a $1.8 billion increase in federal coronavirus relief. The bill would allocate $1.490 billion to school districts, which they can spend on any of 15 specific activities listed in the federal relief bill. Among other items this bill also authorizes $86.7 million for non-public schools, $21 million for extra grants to summer school teachers, and more. The bill also appropriates $363 million state dollars to pay for extra “incentives” to get teachers back in public school classrooms. The bill is "tie-barred" to House Bill 4049, which transfers the power to close schools during an epidemic from the state health department to local health departments; this means the school spending bill can't become law unless that bill also becomes law.
To establish that the director of the Department of Health and Human Services does not have the authority to issue epidemic-related emergency orders that close schools for in-person instruction or prohibit school sporting events. The legislature gave this authority to the state health department director in the Public Health Code enacted in 1978; the bill would amend that law by instead giving this authority to local health departments.
To appropriate $393.5 million state dollars to give property tax and other relief to “afflicted businesses” impacted by state coronavirus lockdowns including restaurants and bars, “exercise facilities, “recreation facilities or places of public amusement,” and “entertainment venues." Also, to appropriate $150 million to the state unemployment insurance system “for offsetting expected exposure to state fraud and improper payments" during the epidemic.
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.
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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.
