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Income tax; property tax credit; income qualifier phaseout and amount of credit; eliminate and increase. Amends secs. 520 & 522 of 1967 PA 281 (MCL 206.520 & 206.522)
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Income tax act of 1967, by amending sections 520 and 522 and 206.522), Sec. 520. (1) Subject to the limitations and the definitions in this chapter, a claimant may claim against the tax due under this act for the tax year a credit for the property taxes on the taxpayers homestead deductible for federal income tax purposes pursuant to section 164 of the internal revenue code, or that would have been deductible if the claimant had not elected the zero bracket amount or if the claimant had been subject to the federal income tax. The property taxes used for the credit computation shall not be greater than the amount levied for 1 tax year. (2) A person who rents or leases a homestead may claim a similar credit computed under this section and section 522 based upon 17% of the gross rent paid for tax years before the 1994 tax year, or 20% of the gross rent paid for tax years after the 1993 tax year. A person who rents or leases a homestead subject to a service charge in lieu of ad valorem taxes as provided by section 15a of the state housing development authority act of 1966, being section 125.1415a of the, a, may claim a similar credit computed under this section and section 522 based upon 10% of the gross rent paid. (3) If the credit claimed under this section and section 522 exceeds the tax liability for the tax year or if there is no tax liability for the tax year, the amount of the claim not used as an offset against the tax liability shall, after examination and review, be approved for payment, without interest, to the claimant. In determining the amount of the payment under this subsection, withholdings and other credits shall be used first to offset any tax liabilities. (4) If the homestead is an integral part of a multipurpose or multidwelling building that is federally aided housing or state aided housing, a claimant who is a senior citizen entitled to a payment under subsection (2) may assign the right to that payment to a mortgagor if the mortgagor reduces the rent charged and collected on the claimants homestead in an amount equal to the tax credit payment provided in this chapter. The assignment of the claim is valid only if the Michigan state housing development authority, by affidavit, verifies that the claimants rent has been so reduced. (5) Only the renter or lessee shall claim a credit on property that is rented or leased as a homestead. (6) A person who discriminates in the charging or collection of rent on a homestead by increasing the rent charged or collected because the renter or lessee claims and receives a credit or payment under this chapter is guilty of a misdemeanor. Discrimination against a renter who claims and receives the credit under this section and section 522 by a reduction of the rent on the homestead of a person who does not claim and receive the credit is a misdemeanor. If discriminatory rents are charged or collected, each charge or collection of the higher or lower payment is a separate offense. Each acceptance of a payment of rent is a separate offense. (7) A person who received aid to families with dependent children, state family assistance, or state disability assistance through department of human services programs pursuant to the social welfare act, as amended, being sections 400.1 to 400.119b of the, o 400.119b, in the tax year for which the person is filing a return shall have a credit that is authorized and computed under this section and section 522 reduced by an amount equal to the product of the claimants credit multiplied by the quotient of the sum of the claimants aid to families with dependent children, state family assistance, and state disability assistance through department of human services programs pursuant to the social welfare act, o 400.119b, for the tax year divided by the claimants household income. The reduction of credit shall not exceed the sum of the aid to families with dependent children, state family assistance, and state disability assistance through department of human services programs pursuant to the social welfare act, o 400.119b, for the tax year. For the purposes of this subsection, aid to families with dependent children any assistance through department of human services programs does not include child support payments that offset or reduce payments made to the claimant. (8) A For tax years that begin before January 1, 2009, a credit under subsection (1) or (2) shall be reduced by 10% for each claimant whose household income exceeds $73,650.00 and by an additional 10% for each increment of $1,000.00 of household income in excess of $73,650.00. For tax years that begin on or after January 1, 2009, a claimant whose household income is $83,650.00 or more is not eligible for a credit under subsection (1) or (2). (9) If the credit authorized and calculated under this section and section 522 and adjusted under subsection (7) or (8) does not provide to a senior citizen who rents or leases a homestead that amount attributable to rent that constitutes more than 40% of the household income of the senior citizen, the senior citizen may claim a credit based upon the amount of household income attributable to rent as provided by this section. (10) A senior citizen whose gross rent paid for the tax year is more than the percentage of household income specified in subsection (9) for the respective tax year may claim a credit for the amount of rent paid that constitutes more than the percentage of the household income of the senior citizen specified in subsection (9) and that was not provided to the senior citizen by the credit computed pursuant to this section and section 522 and adjusted pursuant to subsection (7) or (8). (11) The department may promulgate rules to implement subsections (9) to (16) (14) and may prescribe a table to allow a claimant to determine the credit provided under this section and section 522 in the instruction booklet that accompanies the respective income tax or property tax credit forms used by claimants. (12) A senior citizen may claim the credit under subsections (9) to (16) (14) on the same form as the property tax credit permitted by subsection (2). The department shall adjust the forms accordingly. (13) A senior citizen who moves to a different rented or leased homestead shall determine, for 2 tax years after the move, both his or her qualification to claim a credit under subsections (9) to (16) (14) and the amount of a credit under subsections (9) to (16) (14) on the basis of the annualized final monthly rental payment at his or her previous homestead, if this annualized rental is less than the senior citizens actual annual rental payments. (14) For a return of less than 12 months, the claim for a credit under subsections (9) to (16) (13) shall be reduced proportionately. (15) The Michigan state housing development authority shall report on the effect of the credit provided by subsections (9) to (16) (14) on the price of rented and leased homesteads. If the authority determines that the price of rented and leased homesteads has increased as a result of the credit provided by subsections (9) to (16) (14), the authority shall make recommendations to the legislature to remedy this situation. The report shall be made to the chairpersons of the house and senate committees that have primary responsibility for taxation legislation 2 years after the credit provided by subsections (9) to (16) (14) is in effect. (16) The total credit allowed by this section and section 522 shall not exceed $1,200.00 per year for tax years that begin before January 1, 2009 and $1,700.00 for tax years that begin after December 31, 2008. Sec. 522. (1) The amount of a claim made pursuant to this chapter shall be determined as follows: (a) A claimant is entitled to a credit against the state income tax liability equal to 60% of the amount by which the property taxes on the homestead, or the credit for rental of the homestead for the tax year, exceeds 3.5% of the claimants household income for that tax year. (b) A claimant who is a senior citizen or a paraplegic, hemiplegic, or quadriplegic and for tax years that begin after December 31, 1999, a claimant who is totally and permanently disabled or deaf is entitled to a credit against the state income tax liability for the amount by which the property taxes on the homestead, the credit for rental of the homestead, or a service charge in lieu of ad valorem taxes as provided by section 15a of the state housing development authority act of 1966, a, for the tax year exceeds the percentage of the claimants household income for that tax year computed as follows: Household income Percentage Not over $3,000.00.0% Over $3,000.00 but not over $4,000.00 1.0% Over $4,000.00 but not over $5,000.00 2.0% Over $5,000.00 but not over $6,000.00 3.0% Over $6,000.00 3.5% (c) For a tax year that begins before January 1, 2000, a claimant who is totally and permanently disabled is entitled to a credit against the state income tax liability equal to 60% of the amount by which the property taxes on the homestead, or the credit for rental of the homestead or for a service charge in lieu of ad valorem taxes as provided in section 15a of the state housing development authority act of 1966, a, for the tax year, exceeds the percentage of the claimants household income for that tax year based on the schedule in subdivision (b). (d) A claimant who is an eligible serviceperson, eligible veteran, or eligible widow or widower is entitled to a credit against the state income tax liability for a percentage of the property taxes on the homestead for the tax year not in excess of 100% determined as follows: (i) Divide the taxable value allowance specified in section 506 by the taxable value of the homestead or, if the eligible serviceperson, eligible veteran, or eligible widow or widower leases or rents a homestead, divide 17% of the total annual rent paid for tax years before the 1994 tax year, or 20% of the total annual rent paid for tax years after the 1993 tax year on the property by the property tax rate on the property. (ii) Multiply the property taxes on the homestead by the percentage computed in subparagraph (i). (e) A claimant who is blind is entitled to a credit against the state income tax liability for a percentage of the property taxes on the homestead for the tax year determined as follows: (i) If the taxable value of the homestead is $3,500.00 or less, 100% of the property taxes. (ii) If the taxable value of the homestead is more than $3,500.00, the percentage that $3,500.00 bears to the taxable value of the homestead. (2) A person who is qualified to make a claim under more than 1 classification shall elect the classification under which the claim is made. (3) Only 1 claimant per household for a tax year is entitled to the credit, unless both the husband and wife filing a joint return are blind, then each shall be considered a claimant. (4) As used in this section, totally and permanently disabled means disability as defined in section 216 of title II of the social security act, 42 U. S. C. USC 416. (5) A senior citizen who has a total household income for the tax year of $6,000.00 or less and who for 1973 received a senior citizen homestead exemption under former section 7c of the general property tax act, may compute the credit against the state income tax liability for a percentage of the property taxes on the homestead for the tax year determined as follows: (a) If the taxable value of the homestead is $2,500.00 or less, 100% of the property taxes. (b) If the taxable value of the homestead is more than $2,500.00, the percentage that $2,500.00 bears to the taxable value of the homestead. (6) For a return of less than 12 months, the claim shall be reduced proportionately. (7) The commissioner may prescribe tables that may be used to determine the amount of the claim. (8) The total credit allowed in this section for each year after December 31, 1975 shall not exceed $1,200.00 per year the amount determined under section 520. (9) The total credit allowable under this act and part 361 of the natural resources and environmental protection act, o 324.36117, shall not exceed the total property tax due and payable by the claimant in that year. The amount by which the credit exceeds the property tax due and payable shall be deducted from the credit claimed under part 361 of the natural resources and environmental protection act, o 324.36117
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Income tax; property tax credit; income qualifier phaseout and amount of credit; eliminate and increase. Amends secs. 520 & 522 of 1967 PA 281 (MCL 206.520 & 206.522)
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Campaign finance; campaign practices; automated campaign telephone calls; prohibit. Amends sec. 931 of 1954 PA 116 (MCL 168.931)
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Elections. A bill to amend, entitled Michigan election law, by amending Sec. 931. (1) A person who violates 1 or more of the following subdivisions is guilty of a misdemeanor: (a) A person shall not, either directly or indirectly, give, lend, or promise valuable consideration, to or for any a person, as an inducement to influence the manner of voting by a person relative to a candidate or ballot question, or as a reward for refraining from voting. (b) A person shall not, either before, on, or after an election, for the persons own benefit or on behalf of any other another person, receive, agree to receive, or contract for valuable consideration for 1 or more of the following: (i) Voting or agreeing to vote, or inducing or attempting to induce another to vote, at an election. (ii) Refraining or agreeing to refrain, or inducing or attempting to induce another to refrain, from voting at an election. (iii) Doing anything prohibited by this act. (iv) Both distributing absent voter ballot applications to voters and receiving signed applications from voters for delivery to the appropriate clerk or assistant of the clerk. This subparagraph does not apply to an authorized election official. (c) A person shall not solicit any valuable consideration from a candidate for nomination for, or election to, an office described in this act. This subdivision does not apply to requests for contributions of money by or to an authorized representative of the political party committee of the organization to which the candidate belongs. This subdivision does not apply to a regular business transaction between a candidate and any other another person that is not intended for, or connected with, the securing of votes or the influencing of voters in connection with the nomination or election. (d) A person shall not, either directly or indirectly, discharge or threaten to discharge an employee of the person for the purpose of influencing the employees vote at an election. (e) A priest, pastor, curate, or other officer of a religious society shall not for the purpose of influencing a voter at an election, impose or threaten to impose upon the voter a penalty of excommunication, dismissal, or expulsion, or command or advise the voter, under pain of religious disapproval. (f) A person shall not hire a motor vehicle or other conveyance or cause the same to be done, for conveying voters, other than voters physically unable to walk, to an election. (g) In a city, township, village, or school district that has a board of election commissioners authorized to appoint inspectors of election, an inspector of election, a clerk, or other election official who accepts an appointment as an inspector of election shall not fail to report at the polling place designated on election morning at the time specified by the board of election commissioners, unless excused as provided in this subdivision. A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than $10.00 or imprisonment for not more than 10 days, or both. An inspector of election, clerk, or other election official who accepts an appointment as an inspector of election is excused for failing to report at the polling place on election day and is not subject to a fine or imprisonment under this subdivision if 1 or more of the following requirements are met: (i) The inspector of election, clerk, or other election official notifies the board of election commissioners or other officers in charge of elections of his or her inability to serve at the time and place specified, 3 days or more before the election. (ii) The inspector of election, clerk, or other election official is excused from duty by the board of election commissioners or other officers in charge of elections for cause shown. (h) A person shall not willfully fail to perform a duty imposed upon that person by this act, or disobey a lawful instruction or order of the secretary of state as chief state election officer or of a board of county election commissioners, board of city election commissioners, or board of inspectors of election. (i) A delegate or member of a convention shall not solicit a candidate for nomination before the convention for money, reward, position, place, preferment, or other valuable consideration in return for support by the delegate or member in the convention. A candidate or other person shall not promise or give to a delegate money, reward, position, place, preferment, or other valuable consideration in return for support by or vote of the delegate in the convention. (j) A person elected to the office of delegate to a convention shall not accept or receive any money or other valuable consideration for his or her vote as a delegate. (k) A person shall not, while the polls are open on an election day, solicit votes in a polling place or within 100 feet from an entrance to the building in which a polling place is located. (l) A person shall not keep a room or building for the purpose, in whole or in part, of recording or registering bets or wagers, or of selling pools, upon the result of a political nomination, appointment, or election. A person shall not wager property, money, or any other thing of value, or be the custodian of money, property, or any other thing of value, staked, wagered, or pledged upon the result of a political nomination, appointment, or election. (m) A person shall not participate in a meeting or a portion of a meeting of more than 2 persons, other than the persons immediate family, at which an absent voter ballot is voted. (n) A person, other than an authorized election official, shall not, either directly or indirectly, give, lend, or promise any valuable consideration to or for a person to induce that person to both distribute absent voter ballot applications to voters and receive signed absent voter ballot applications from voters for delivery to the appropriate clerk. (o) A person shall not contract for, pay or receive payment for, take steps to make or bring about, or otherwise undertake to make or bring about automated telephone calls supporting or opposing a candidate for nomination for or election to public office. (2) A person who violates a provision of this act for which a penalty is not otherwise specifically provided in this act, is guilty of a misdemeanor. (3) A person or a persons agent who knowingly makes, publishes, disseminates, circulates, or places before the public, or knowingly causes directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, either orally or in writing, an assertion, representation, or statement of fact concerning a candidate for public office at an election in this state, that is false, deceptive, scurrilous, or malicious, without the true name of the author being subscribed to the assertion, representation, or statement if written, or announced if unwritten, is guilty of a misdemeanor. (4) As used in this section, valuable consideration includes, but is not limited to, money, property, a gift, a prize or chance for a prize, a fee, a loan, an office, a position, an appointment, or employment
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Campaign finance; campaign practices; automated campaign telephone calls; prohibit. Amends sec. 931 of 1954 PA 116 (MCL 168.931)
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Michigan business tax; other; small business tax credit; modify. Amends secs. 200, 411, 417 & 505 of 2007 PA 36 (MCL 208.1200 et seq.)
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A bill to amend, entitled Michigan business tax act, by amending sections 200, 411, 417, and 505 208.1411, 208.1417, and 208.1505). Sec. 200. (1) Except as otherwise provided in this act or under subsection (2), a taxpayer has substantial nexus in this state and is subject to the tax imposed under this act if the taxpayer has a physical presence in this state for a period of more than day during the tax year or if the taxpayer actively solicits sales in this state and has gross receipts of $350,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, or more sourced to this state. (2) For purposes of this section, actively solicits shall be defined by the department through written guidance that shall be applied prospectively. (3) As used in this section, physical presence means any activity conducted by the taxpayer or on behalf of the taxpayer by the taxpayers employee, agent, or independent contractor acting in a representative capacity. Physical presence does not include the activities of professionals providing services in a professional capacity or other service providers if the activity is not significantly associated with the taxpayers ability to establish and maintain a market in this state. Sec. 411. A taxpayer whose gross receipts allocated or apportioned to this state are greater than $350,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, but less than $700,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, may claim a credit against the tax imposed under this act equal to the tax liability after the credit under section 417 multiplied by a fraction the numerator of which is the difference between the persons allocated or apportioned gross receipts and $700,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, and the denominator of which is $350,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater. Sec. 417. (1) The credit provided in this section shall be taken after the credits under sections 403 and 405 and before any other credit under this act and is available to any taxpayer with gross receipts that do not exceed $20,000,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, and with adjusted business income minus the loss adjustment that does not exceed $1,300,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, and subject to the following: (a) An individual, a partnership, a limited liability company, or a subchapter S corporation is disqualified if the individual, any partner of the partnership, any 1 member of the limited liability company, or any 1 shareholder of the subchapter S corporation receives more than $180,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, as a distributive share of the adjusted business income minus the loss adjustment of the individual, the partnership, the limited liability company, or the subchapter S corporation. (b) A corporation other than a subchapter S corporation is disqualified if either of the following occur for the respective tax year: (i) Compensation and directors fees of a shareholder or officer exceed $180,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater. (ii) The sum of the following amounts exceeds $180,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater: (A) Compensation and directors fees of a shareholder. (B) The product of the percentage of outstanding ownership or of outstanding stock owned by that shareholder multiplied by the difference between the sum of business income and, to the extent deducted in determining federal taxable income, a carryback or a carryover of a net operating loss or capital loss, minus the loss adjustment. (c) Subject to the reduction percentage determined under subsection (3), the credit determined under this subsection shall be reduced by the following percentages in the following circumstances: (i) If an individual, any 1 partner of the partnership, any 1 member of the limited liability company, or any 1 shareholder of the subchapter S corporation receives as a distributive share of adjusted business income minus the loss adjustment of the individual, partnership, limited liability company, or subchapter S corporation; if compensation and directors fees of a shareholder or officer of a corporation other than a subchapter S corporation are; or if the sum of the amounts in subdivision (b)(ii)(A) and (B) is more than $160,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, but less than $165,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, the credit is reduced by 20%. (ii) If an individual, any 1 partner of the partnership, any 1 member of the limited liability company, or any 1 shareholder of the subchapter S corporation receives as a distributive share of adjusted business income minus the loss adjustment of the individual, partnership, limited liability company, or subchapter S corporation; if compensation and directors fees of a shareholder or officer of a corporation other than a subchapter S corporation are; or if the sum of the amounts in subdivision (b)(ii)(A) and (B) is $165,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, or more but less than $170,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, the credit is reduced by 40%. (iii) If an individual, any 1 partner of the partnership, any 1 member of the limited liability company, or any 1 shareholder of the subchapter S corporation receives as a distributive share of adjusted business income minus the loss adjustment of the individual, partnership, limited liability company, or subchapter S corporation; if compensation and directors fees of a shareholder or officer of a corporation other than a subchapter S corporation are; or if the sum of the amounts in subdivision (b)(ii)(A) and (B) is $170,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, or more but less than $175,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, the credit is reduced by 60%. (iv) If an individual, any 1 partner of the partnership, any 1 member of the limited liability company, or any 1 shareholder of the subchapter S corporation receives as a distributive share of adjusted business income minus the loss adjustment of the individual, partnership, limited liability company, or subchapter S corporation; if compensation and directors fees of a shareholder or officer of a corporation other than a subchapter S corporation are; or if the sum of the amounts in subdivision (b)(ii)(A) and (B) is $175,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, or more but not in excess of $180,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, the credit is reduced by 80%. (2) For the purposes of determining disqualification under subsection (1), an active shareholders share of business income shall not be attributed to another active shareholder. (3) To determine the reduction percentage under subsection (1)(c), the following apply: (a) The reduction percentage for a partnership, limited liability company, or subchapter S corporation is based on the distributive share of adjusted business income minus loss adjustment of the partner, member, or shareholder with the greatest distributive share of adjusted business income minus loss adjustment. (b) The reduction percentage for a corporation other than a subchapter S corporation is the greater of the following: (i) The reduction percentage based on the compensation and directors fees of the shareholder or officer with the greatest amount of compensation and directors fees. (ii) The reduction percentage based on the sum of the amounts in subsection (1)(b)(ii)(A) and (B) for the shareholder or officer with the greatest sum of the amounts in subsection (1)(b)(ii)(A) and (B). (4) A taxpayer that qualifies under subsection (1) is allowed a credit against the tax imposed under this act. The credit under this subsection is the amount by which the tax imposed under this act exceeds 1.8% of adjusted business income. (5) If gross receipts exceed $19,000,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, the credit shall be reduced by a fraction, the numerator of which is the amount of gross receipts over $19,000,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, and the denominator of which is $1,000,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater. The credit shall not exceed 100% of the tax liability imposed under this act. (6) For a taxpayer that reports for a tax year less than 12 months, the amounts specified in this section for gross receipts, adjusted business income, and share of business income shall be multiplied by a fraction, the numerator of which is the number of months in the tax year and the denominator of which is 12. (7) The department shall permit a taxpayer that elects to claim the credit allowed under this section based on the amount by which the tax imposed under this act exceeds the percentage of adjusted business income for the tax year as determined under subsection (4), and that is not required to reduce the credit pursuant to subsection (1) or (5), to file and pay the tax imposed by this act without computing the tax imposed under sections 201 and 203. (8) Compensation paid by the professional employer organization to the officers of the client and to employees of the professional employer organization who are assigned or leased to and perform services for the client shall be included in determining eligibility of the client under this section. (9) As used in this section: (a) Active shareholder means a shareholder who receives at least $10,000.00 in compensation, directors fees, or dividends from the business, and who owns at least 5% of the outstanding stock or other ownership interest. (b) Adjusted business income means business income as defined in section 105 with all of the following adjustments: (i) Add compensation and directors fees of active shareholders of a corporation. (ii) Add, to the extent deducted in determining federal taxable income, a carryback or a carryover of a net operating loss. (iii) Add, to the extent deducted in determining federal taxable income, a capital loss. (iv) Add compensation and directors fees of officers of a corporation. (c) Detroit consumer price index means the most comprehensive index of consumer prices available for the Detroit area from the United States department of labor, bureau of labor statistics. (d) Loss adjustment means the amount by which adjusted business income was less than zero in any of the 5 tax years immediately preceding the tax year for which eligibility for the credit under this section is being determined. In determining the loss adjustment for a tax year, a taxpayer is not required to use more of the taxpayers total negative adjusted business income than the amount needed to qualify the taxpayer for the credit under this section. A taxpayer shall not be considered to have used any portion of the taxpayers negative adjusted business income amount unless the portion used is necessary to qualify for the credit under this section. A taxpayer shall not reuse a negative adjusted business income amount used as a loss adjustment in a previous tax year or use a negative adjusted business income amount from a year in which the taxpayer did not receive the credit under this section. Sec. 505. (1) An annual or final return shall be filed with the department in the form and content prescribed by the department by the last day of the fourth month after the end of the taxpayers tax year. Any final liability shall be remitted with this return. A taxpayer, other than a taxpayer subject to the tax imposed under chapter 2A or 2B, whose apportioned or allocated gross receipts are less than $350,000.00 as adjusted annually for inflation using the Detroit consumer price index or 5%, whichever is greater, does not need to file a return or pay the tax imposed under this act. (2) If a taxpayer has apportioned or allocated gross receipts for a tax year of less than 12 months, the amount in subsection (1) shall be multiplied by a fraction, the numerator of which is the number of months in the tax year and the denominator of which is 12. (3) The department, upon application of the taxpayer and for good cause shown, may extend the date for filing the annual return. Interest at the rate under section 23(2) of, shall be added to the amount of the tax unpaid for the period of the extension. The treasurer shall require with the application payment of the estimated tax liability unpaid for the tax period covered by the extension. (4) If a taxpayer is granted an extension of time within which to file the federal income tax return for any tax year, the filing of a copy of the request for extension together with a tentative return and payment of an estimated tax with the department by the due date provided in subsection (1) shall automatically extend the due date for the filing of an annual or final return under this act until the last day of the eighth month following the original due date of the return. Interest at the rate under section 23(2) of, shall be added to the amount of the tax unpaid for the period of the extension
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Michigan business tax; other; small business tax credit; modify. Amends secs. 200, 411, 417 & 505 of 2007 PA 36 (MCL 208.1200 et seq.)
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Income tax; credit; for the purchase and installation of certain residential renewable energy systems; create. Amends 1967 PA 281 (MCL 206.1 - 206.532) by adding sec. 254
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Technology. A bill to amend, entitled Income tax act of 1967, o 206.532) by adding section 254. Sec. 254. (1) For tax years that begin after December 31, 2007, a taxpayer that purchases and installs a residential renewable energy system to supply all or part of the energy required for the taxpayers principal residence or for residential rental property owned by the taxpayer may claim a credit against the tax imposed under this act equal to 50% of the total cost of purchasing and installing a residential renewable energy system for the tax year in which the energy system is completed and placed in service. (2) If the credit allowed under this section for the tax year exceeds the tax liability of the taxpayer for the tax year, that portion of the credit that exceeds the tax liability shall be refunded. (3) As used in this section: (a) Active solar system means a system of equipment capable of collecting and converting incident solar radiation into thermal, mechanical, or electrical energy, and transferring these forms of energy by a separate apparatus to storage or to the point of use. Active solar system includes water heating, space heating or cooling, and electrical or mechanical energy generation. (b) Biomass system means any system of apparatus and equipment capable of converting organic plant, wood, or waste products into electrical and thermal energy and transferring these forms of energy by a separate apparatus to the point of use or storage. (c) Hydroenergy system means a system of apparatus and equipment capable of intercepting and converting kinetic water energy into electrical or mechanical energy and transferring this form of energy by separate apparatus to the point of use or storage. (d) Passive solar system means a direct thermal system that utilizes the structure of a building and its operable components to provide for collection, storage, and distribution of heating or cooling during the appropriate times of the year by utilizing the climate resources available at the site. Passive solar system includes those portions and components of a building that are expressly designed and required for the collection, storage, and distribution of solar energy. (e) Principal residence means that term as defined in section 7dd of the general property tax act, dd. (f) Residential renewable energy system means any active solar, passive solar, wind, biomass system, geothermal, or hydroenergy system used to supply energy to or for the taxpayers principal residence or any residential rental property owned by the taxpayer. (g) Wind system means a system of apparatus and equipment capable of intercepting and converting wind energy into mechanical or electrical energy and transferring these forms of energy by a separate apparatus to the point of use or storage
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Income tax; credit; for the purchase and installation of certain residential renewable energy systems; create. Amends 1967 PA 281 (MCL 206.1 - 206.532) by adding sec. 254
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Children; parental rights; rights of putative father; require document notarization before termination. Amends sec. 37, ch. X of 1939 PA 288 (MCL 710.37)
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Childrens Services. A bill to amend, entitled Probate code of 1939, by amending section 37 of chapter X. CHAPTER X Sec. 37. (1) If the court has proof that the person whom it determines pursuant to under section 36 to be the childs father of the child was timely served with a notice of intent to release or consent pursuant to under section 34(1) or was served with or waived the notice of hearing required by section 36(3), the court may permanently terminate the rights of the putative father under any of the following circumstances: (a) The putative father submits a verified affirmation of his paternity and a denial of his interest in custody of the child. (b) The putative father files a disclaimer of paternity. For purposes of this section the filing of the disclaimer of paternity shall constitute constitutes a waiver of notice of hearing and shall constitute constitutes a denial of his interest in custody of the child. (c) The putative father was served with a notice of intent to release or consent in accordance with section 34(1), at least 30 days before the expected date of confinement specified in that notice but failed to file an intent to claim paternity either before the expected date of confinement or before the childs birth. of the child. (d) The putative father is given proper notice of hearing in accordance with section 36(3) or 36(5) but either fails to appear at the hearing or appears and denies his interest in custody of the child. (2) If the identity of the father cannot be determined, or if the identity of the father is known but his whereabouts cannot be determined, the court shall take evidence to determine the facts in the matter. The court may terminate the rights of the putative father if the court finds from the evidence that reasonable effort has been made to identify and locate the father and that any of the following circumstances exist: (a) The putative father, whose identity is not known, has not made provision for the childs care and did not provide support for the mother during her pregnancy or during her confinement. (b) The putative father, whose identity is known but whose whereabouts are unknown, has not provided support for the mother, has not shown any interest in the child, and has not made provision for the childs care, for at least 90 days preceding the hearing required under section 36. (3) Any document required under subsection (1)(a) or (b) must be sworn and notarized before presentation to the court
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Children; parental rights; rights of putative father; require document notarization before termination. Amends sec. 37, ch. X of 1939 PA 288 (MCL 710.37)
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Records; adoption; issuance of certified copy of original certificate of live birth to certain adopted individuals; allow. Amends sec. 2882 of 1978 PA 368 (MCL 333.2882). TIE BAR WITH: HB 401509
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Childrens Services. A bill to amend, entitled Public health code, by amending Sec. 2882. (1) Except as otherwise provided in section 2890, upon written request and payment of the prescribed fee, the state registrar or local registrar shall issue the appropriate 1 of the following: (a) A certified copy of a live birth record, an affidavit of parentage filed after June 1, 1997, or a record of stillbirth filed after June 1, 2003 to 1 of the following: (i) The individual who is the subject of the record. (ii) A parent named in the record. (iii) An heir, a legal representative, or a legal guardian of the individual who is the subject of the record. (iv) A court of competent jurisdiction. (b) If the live birth record is 100 or more years old, a certified copy of the live birth record to any applicant. (c) A certified copy of a death record, including the cause of death, to any applicant. (d) A certified copy of a marriage or divorce record to any applicant, except as provided by rule. (e) A certified copy of a fetal death record that was filed before September 30, 1978, to any applicant. (2) Upon written request of an adult who has been adopted and payment of the prescribed fee, the state registrar shall issue to that individual a copy of his or her original certificate of live birth, if the written request identifies the name of the adult adoptee and is accompanied by a copy of a central adoption registry clearance reply form that was completed by the family independence agency department of human services and delivered to that individual as required by section 68(9) 68(8) of the Michigan adoption code, chapter X of the probate code of 1939, (3) Upon written request of a confidential intermediary appointed under section 68b of the Michigan adoption code, chapter X of the probate code of 1939, b, presentation of a certified copy of the order of appointment, identification of the name of the adult adoptee, and payment of the required fee, the state registrar shall issue to the confidential intermediary a copy of the original certificate of live birth of the adult adoptee on whose behalf the intermediary was appointed. (4) A copy of the original certificate of live birth provided under subsection (2) or (3) shall have the following phrase marked on the face of the copy: This document is a copy of a sealed record and is not the active birth certificate of the individual whose name appears on this document. Enacting section. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4015(request no. 0039509) of the 95th Legislature is enacted into law
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Records; adoption; issuance of certified copy of original certificate of live birth to certain adopted individuals; allow. Amends sec. 2882 of 1978 PA 368 (MCL 333.2882). TIE BAR WITH: HB 401509
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Insurance; health; coverage for prosthetics and orthotics; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
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A bill to amend, entitled The insurance code of 1956, o 500.8302) by adding section 3406s. Sec. 3406s. (1) An expense-incurred hospital, medical, or surgical policy or certificate delivered, issued for delivery, or renewed in this state and a health maintenance organization group or individual contract shall include coverage for prosthetics and orthotics that, at a minimum, equals the prosthetics and orthotics coverage provided for under 42 USC 1395k, 1395l, and 1395m and 42 CFR 410.100, 414.202, 414.210, and 414.228. Coverage shall include replacement for the prosthetic or orthotic if required because of a change in the members physical condition and for repair or replacement if determined appropriate by the members treating physician. Coverage may be limited to the most appropriate model that adequately meets the medical needs of the member as determined by the members treating physician. (2) An insurer and a health maintenance organization may require prior authorization for prosthetics and orthotics in the same manner that prior authorization is required for any other covered benefit. An insurer and a health maintenance organization may impose copayments and coinsurance amounts on prosthetics and orthotics not to exceed the copayment and coinsurance amounts imposed for prosthetics and orthotics under part B of medicare, 42 USC 1395j to 1395w-4. An insurer and a health maintenance organization shall reimburse for prosthetics and orthotics at no less than the fee schedule for prosthetics and orthotics under the medical reimbursement fee schedule established by the centers for medicare and medicaid services based on the health care common procedure coding system. An insurer and a health maintenance organization shall not impose any annual or lifetime dollar maximum on prosthetics and orthotics coverage other than an annual or lifetime dollar maximum that applies in the aggregate to all terms and services covered under the policy, certificate, or contract. (3) As used in this section: (a) Orthotics means all services requiring custom orthoses. (b) Prosthetics means external extremity prosthetics for the appendicular skeleton. Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted
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Insurance; health; coverage for prosthetics and orthotics; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
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Health facilities; hospitals; development of an acuity system and staffing plan for nurses; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525
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A bill to amend, entitled Public health code, o 333.25211) by adding section 21525. Sec. 21525. (1) Within 1 year after the effective date of this section and annually thereafter, a hospital shall submit to the department a staffing plan as provided under this section. Each hospital is responsible for the development and implementation of a written staffing plan that provides sufficient, appropriately qualified nursing staff in each unit within the hospital in order to meet the individualized needs of its patients. Each hospital shall develop an assessment tool that evaluates the actual patient acuity levels and nursing care requirements for each unit during each shift. The hospital shall use the assessment tool to make adjustments to the staffing plan as needed to ensure safe patient care. (2) To assist in the development of a staffing plan, the hospital shall establish a staffing committee for each unit and at least 1/2 of the members shall be registered professional nurses who are direct care providers in that unit. If the nurses in the hospital are under a collective bargaining agreement, the collective bargaining representative shall designate the nurses from within each unit to serve on the staffing committee for that unit. Participation on the staffing committee shall be considered a part of the nurses regularly scheduled workweek. A hospital shall not retaliate against a nurse who participates on the staffing committee. The staffing committee shall establish a staffing strategy for that unit if the patients needs within that unit for a shift exceeds the required minimum direct care registered professional nurse-to-patient ratios set forth under subsection (4). (3) Within 2 years after the effective date of this section, each hospital shall have established and implemented an acuity system for addressing fluctuations in actual patient acuity levels and nursing care requirements requiring increased staffing levels above the minimums set forth under subsection (4). The assessment tool shall be used annually to review the accuracy of the acuity system established under this subsection. (4) Within 3 years after the effective date of this section, a hospitals staffing plan shall incorporate, at a minimum, the following direct care registered professional nurse-to-patient ratios for each of the corresponding units: (a) Critical care - adult or pediatric: 1 to 1. (b) Operating room: 1 to 1. (c) Labor and delivery: (i) During second and third stages of labor: 1 to 1. (ii) During first stage of labor: 1 to 2. (iii) Intermediate care newborn nursery: 1 to 3. (iv) Noncritical antepartum patients: 1 to 4. (v) Postpartum mother baby couplet: 1 to 3. (vi) Postpartum or well-baby care: 1 to 6. (d) Postanesthesia care unit: 1 to 2. (e) Emergency department: (i) Nontrauma or noncritical care: 1 to 3. (ii) Trauma or critical care patient: 1 to 1. (iii) One r. n. for triage. (f) Stepdown: 1 to 3. (g) Telemetry: 1 to 3. (h) Medical/surgical: 1 to 4. (i) Pediatrics: 1 to 4. (j) Behavioral health: 1 to 4. (k) Rehabilitation care: 1 to 5. (5) Except as otherwise provided under this subsection, in computing the registered professional nurse-to-patient ratio required under subsection (4), the hospital shall not include a registered professional nurse who is not assigned to provide direct patient care in that unit or who is not oriented, qualified, and competent to provide safe patient care in that unit. In the event of an unforeseen emergent situation, a hospital may include a staff member who is a registered professional nurse who is not normally used in computing the ratio requirement because the staff member performs primarily administrative functions if the staff member provides direct patient care during the emergency, but shall be included in the computation only for as long as the emergency exists. In computing the registered professional nurse-to-patient ratio for the operating room, the hospital shall not include a circulating r. n. or a first assistant r. n. (6) The registered professional nurse-to-patient ratio established for each unit under subsection (4) does not limit, reduce, or otherwise affect the need for other licensed or unlicensed health care professionals, assistants, or support personnel necessary to provide safe patient care within the unit. (7) The hospital shall post the hospitals staffing plan for each unit in a conspicuous place within that unit for public review. Upon request, the hospital shall provide copies of the staffing plan that are filed with the department to the public. The hospital shall make available for each member of the nursing staff a copy of the staffing plan for his or her unit, including the number of direct care registered professional nurses required for each shift and the names of those registered professional nurses assigned and present during each shift. A staffing plan developed under this section and the minimum staffing ratios established under this section are minimums and shall be increased as needed to provide safe patient care as determined by the hospitals acuity system or assessment tool. A hospital shall not use mandatory overtime as a staffing strategy in the delivery of safe patient care except in the event of an unforeseen emergent situation. (8) A hospital that fails to submit an annual staffing plan as required under this section or that does not meet the required staffing plan established for each unit during each shift, as adjusted in accordance with the hospitals acuity system or assessment tool to maintain safe patient care, is in violation of this section. Each violation shall be reported to the department by the hospitals designated representative, and the department shall assess an administrative fine of up to $10,000.00 for each violation. Each day that the staffing plan is not filed and each shift that does not satisfy the minimum staffing requirements for that unit is a separate violation. The department shall take into account each violation of this section when making licensure decisions. (9) The fines assessed under this section shall be deposited into the nurse professional fund established under section 16315 and expended only for the operation and administration of the Michigan nursing scholarship program established under the Michigan nursing scholarship act, o 390.1189. (10) As used in this section: (a) Acuity system means a system established to measure patient needs and nursing care requirements for each unit to ensure safe patient care based upon the severity of each patients illness and need for specialized equipment and technology, the intensity of nursing interventions required for each patient, and the complexity of the clinical nursing judgment needed to design, implement, and evaluate each patients care plan. (b) Department means the department of community health. (c) Mandatory overtime means a mandated assignment for a registered professional nurse to work more than his or her regularly scheduled hours according to his or her predetermined work schedule. (d) Registered professional nurse or r. n. means that term as defined in section 17201. (e) Staffing plan means a written plan that establishes the minimum specific number of registered professional nurses required to be present in each unit for each shift to ensure safe patient care. (f) Unforeseen emergent situation means an unusual or unpredictable circumstance that increases the need for patient care including, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions, or a natural disaster
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Health facilities; hospitals; development of an acuity system and staffing plan for nurses; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525
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Insurance; health care corporations; coverage for prosthetics and orthotics; provide for. Amends sec. 415 of 1980 PA 350 (MCL 550.1415) & adds sec. 415a
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A bill to amend, entitled The nonprofit health care corporation reform act, by amending section 415 and by adding section 415a. Sec. 415. (1) Not later than 12 months after the effective date of this act, a health care corporation shall offer or include coverage, in all group and nongroup certificates, to provide benefits for prosthetic devices to maintain or replace the body part of an individual whose covered illness or injury has required the removal of that body part. However, certificates resulting from collective bargaining agreements shall be exempted from this subsection. This coverage shall provide that reasonable charges for medical care and attendance for an individual fitted with a prosthetic device shall be covered benefits after the individuals attending physician has certified the medical necessity or desirability for a proposed course of rehabilitative treatment. (2) Not later than 12 months after the effective date of this act, a A health care corporation shall include coverage, in all group and nongroup certificates, to provide benefits for prosthetic devices to maintain or replace the body part of an individual who has undergone a mastectomy. This coverage shall provide that reasonable charges for medical care and attendance for an individual who receives reconstructive surgery following a mastectomy or who is fitted with a prosthetic device shall be covered benefits after the individuals attending treating physician has certified the medical necessity or desirability of a proposed course of rehabilitative treatment. The cost and fitting of a prosthetic device following a mastectomy is included within the type of coverage intended by this subsection section. Sec. 415a. (1) A health care corporation shall include in all group and nongroup certificates benefits for prosthetics and orthotics that, at a minimum, equal the prosthetics and orthotics coverage provided for under 42 USC 1395k, 1395l, and 1395m and 42 CFR 410.100, 414.202, 414.210, and 414.228. Benefits shall include replacement for the prosthetic or orthotic if required because of a change in the members physical condition and for repair or replacement if determined appropriate by the members treating physician. Benefits may be limited to the most appropriate model that adequately meets the medical needs of the member as determined by the members treating physician. (2) A health care corporation may require prior authorization for prosthetics and orthotics in the same manner that prior authorization is required for any other covered benefit. A health care corporation may impose copayments and coinsurance amounts on prosthetics and orthotics not to exceed the copayment and coinsurance amounts imposed for prosthetics and orthotics under part B of medicare, 42 USC 1395j to 1395w-4. A health care corporation shall reimburse for prosthetics and orthotics at no less than the fee schedule for prosthetics and orthotics under the medicare reimbursement fee schedule established by the centers for medicare and medicaid services based on the health care common procedure coding system. A health care corporation shall not impose any annual or lifetime dollar maximum on prosthetics and orthotics benefits other than an annual or lifetime dollar maximum that applies in the aggregate to all terms and services covered under the certificate. (3) As used in this section: (a) Orthotics means all services requiring custom orthoses. (b) Prosthetics means external extremity prosthetics for the appendicular skeleton. Enacting section 1. This amendatory act takes effect 180 days after the date it is enacted into law
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Insurance; health care corporations; coverage for prosthetics and orthotics; provide for. Amends sec. 415 of 1980 PA 350 (MCL 550.1415) & adds sec. 415a
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Health facilities; hospitals; disclosure of hospital-acquired infection rates; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525
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A bill to amend, entitled Public health code, o 333.25211) by adding section 21525. Sec. 21525. (1) Before February 1 of each year, each hospital shall submit a report to the department summarizing the number of hospital-acquired infections contracted by patients in the immediately preceding calendar year. The annual report of hospital- acquired infections shall be submitted on a form and in a manner as prescribed by the department. The department may require any information considered necessary for the surveillance, control, and prevention of hospital-acquired infections. (2) The reporting form shall break down the number of hospital-acquired infections contracted by patients within each unit or department within the hospital. The reporting form shall not contain the name of the patients, common identifiers such as social security or driver license numbers, or other information identifiers that would make it possible to identify in any manner or in any circumstances the patient. (3) The department may promulgate rules to provide for the standards and procedures for the collection, analysis, and reporting under this section of hospital-acquired infections and for the preservation of the anonymity of each patient while reporting the number of hospital-acquired infections to the department. (4) As used in this section, hospital-acquired infection means a nosocomial infection that is a localized or systemic condition resulting from an adverse reaction to the presence of an infectious agent or its toxin and that was not present or incubating at the time a patient was admitted to the hospital for medical treatment
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Health facilities; hospitals; disclosure of hospital-acquired infection rates; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525
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Elections; candidates; precinct delegates; revise period of time to file as write-in candidate. Amends sec. 737a of 1954 PA 116 (MCL 168.737a)
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A bill to amend, entitled Michigan election law, by amending section 737a a), as amended by. Sec. 737a. (1) Except as otherwise provided in this section, the board of election inspectors shall not count a write-in vote for a person unless that person has filed a declaration of intent to be a write-in candidate as provided in this section. The write- in candidate shall file the declaration of intent to be a write-in candidate with the filing official for that elective office on or before p. m. on the second Friday immediately before the election. The secretary of state, immediately after the 4 p. m. filing deadline under this subsection, shall prepare and have delivered a list of all persons who have filed a declaration of intent to be a write-in candidate under this subsection, if any, to the appropriate county clerks. A filing official other than the secretary of state who receives a declaration of intent to be a write-in candidate or list of persons who filed a declaration of intent from another filing official under this subsection shall prepare and have delivered a list of all persons who have filed a declaration of intent to be a write-in candidate to the board of election inspectors in the appropriate precincts before the close of the polls on election day. (2) If a candidate whose name is printed on the official ballot for the election dies or is otherwise disqualified on or after the Wednesday immediately before the election, the requirement of filing a declaration of intent to be a write-in candidate under subsection (1) does not apply to a write-in candidate. If a death or disqualification has occurred as described in this subsection, the board of election inspectors shall count all write-in votes for write-in candidates for the office sought by the deceased or disqualified candidate. (3) Subsections (1) and (2) do not apply to a write-in candidate for precinct delegate. The board of election inspectors shall not count a write-in vote for a write-in candidate for precinct delegate unless that candidate has filed a declaration of intent to be a write-in candidate as provided in this subsection. A write-in candidate for precinct delegate shall file a declaration of intent to be a write-in candidate with the appropriate city or township clerk for that precinct on or before 4 p. m. on the Friday immediately before the election or with the board of election inspectors in the appropriate precinct before the close of the polls on election day. A city or township clerk who receives a declaration of intent to be a write-in candidate from a write-in candidate for precinct delegate under this subsection shall prepare and have delivered a list of all persons who have filed a declaration of intent to be a write-in candidate to the board of election inspectors in the appropriate precincts before the close of the polls on election day. (3) (4) The secretary of state shall prescribe forms for the declaration of intent to be a write-in candidate. Clerks shall maintain a supply of declaration of intent to be a write-in candidate forms in the clerks office and make the forms available in the polling places during the August primary for this purpose. The declaration of intent to be a write-in candidate form shall include all of the following information: (a) The name of the person intending to be a write-in candidate. (b) The elective office that the person seeks as a write-in candidate. (c) The residence address of the person seeking elective office as a write-in candidate. (d) Other information the secretary of state considers appropriate
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Elections; candidates; precinct delegates; revise period of time to file as write-in candidate. Amends sec. 737a of 1954 PA 116 (MCL 168.737a)
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Health facilities; other; laundering of surgical or work clothes exposed to blood or other infectious material; require facilities to comply with governing bloodborne infectious diseases and to not allow employees to launder at home. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 20195a
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A bill to amend, entitled Public health code, o 333.25211) by adding section 20195a. Sec. 20195a. (1) A health facility or agency in which invasive surgical procedures are performed and in which the employees are routinely exposed to blood or other potentially infectious material or routinely required to enter restricted operating areas shall comply with the laundering requirements of R 325.70011 of the Michigan administrative code. A health facility or agency described in this subsection shall not allow or require an employee who participates in invasive surgical procedures, has exposure to blood or other potentially infectious material, or enters a restricted operating area to take his or her work clothes home for laundering. (2) As used in this section, other potentially infectious material means that term as defined in R 325.70002 of the Michigan administrative code
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Health facilities; other; laundering of surgical or work clothes exposed to blood or other infectious material; require facilities to comply with governing bloodborne infectious diseases and to not allow employees to launder at home. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 20195a
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Health facilities; nursing homes; notification of next of kin, county medical examiner, and others when patient dies in nursing home or home for the aged; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 21334 & 21784a
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Security, and Retirement. A bill to amend, entitled Public health code, o 333.25211) by adding sections 21334 and 21784a. Sec. 21334. Upon the death of a resident, the home for the aged shall immediately notify the residents next of kin, the residents authorized representative or legal guardian, the residents physician, and, as soon as possible, the person or agency responsible for placing and maintaining the resident in the home for the aged and the county medical examiner. The home for the aged shall record this notification, including the names of the individuals notified and the time notification was made, in the residents record. Sec. 21784a. Upon the death of a patient, the nursing home shall immediately notify the patients next of kin, the patients representative or legal guardian, the patients physician, and, as soon as possible, the person or agency responsible for placing and maintaining the patient in the nursing home and the county medical examiner. The nursing home shall record this notification, including the names of the individuals notified and the time notification was made, in the patients clinical record
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Health facilities; nursing homes; notification of next of kin, county medical examiner, and others when patient dies in nursing home or home for the aged; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding secs. 21334 & 21784a
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Insurance; health; wheelchair ramps; include with durable medical equipment coverage. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
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A bill to amend, entitled The insurance code of 1956, o 500.8302) by adding section 3406s. Sec. 3406s. An expense-incurred hospital, medical, or surgical group or individual policy or certificate delivered, issued for delivery, or renewed in this state that provides coverage for durable medical equipment and a health maintenance organization group or individual contract that provides coverage for durable medical equipment shall include in that coverage the construction of at least 1 wheelchair ramp at the residence of an insured or enrollee who is confined to a wheelchair for the purpose of making the residence more accessible for the insured or enrollee
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Insurance; health; wheelchair ramps; include with durable medical equipment coverage. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
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Children; adoption; access to certain adoption records; allow unless a denial is on record. Amends secs. 27b & 68, ch. X of 1939 PA 288 (MCL 710.27b & 710.68)
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Childrens Services. A bill to amend, entitled Probate code of 1939, by amending sections 27b and 68 of chapter X b and 710.68), section 27b as added by and CHAPTER X Sec. 27b. (1) The department shall establish and maintain a central adoption registry to control the release of identifying information described in section 27(3) of this chapter and the contact preference form described in subsection (6). (2) The central adoption registry shall keep on file the statements of former parents consenting to or denying the release of identifying information, the contact preference forms described in subsection (6), and the statements of adult former siblings described in section 27a(2) and (3) of this chapter. (3) The department shall develop forms for former parents to use to consent to, deny, or revoke a consent to or denial of, the release of identifying information, contact preference forms described in subsection (6), and forms for adult former siblings to use to provide notice of the death of a former parent and to consent to the release of the adult former siblings name and address to an adult adoptee. The department shall make the forms available to child placing agencies and the court. The forms shall include the current name and address of the former parent or adult former sibling. The denial form shall contain a space for the former parent to indicate, if he or she wishes, the reason why he or she does not wish to be identified or contacted. The department shall also develop and distribute clearance request and reply forms to be used by child placing agencies, the department, and the court to request and receive information from the central adoption registry pursuant to under section 68(5) and (8) (7) of this chapter. (4) Upon receipt of a clearance request form from a child placing agency or the department or court pursuant according to section 68(5) of this chapter, the central adoption registry shall transmit to the requester a clearance reply form indicating whether a particular former parent has filed with the registry a statement either denying or consenting to the release of identifying information or a contact preference form or whether a former parent is deceased. The central adoption registry shall attach a copy of the statement consenting to or denying the release of identifying information and the contact preference form. Once a request for information has been received by the central adoption registry, a subsequent statement submitted by a former parent consenting to the release of identifying information or revoking a previous denial of release of identifying information or a revised contact preference form shall be transmitted to the person who requested the information. (5) Upon receipt of a clearance request form from a child placing agency or the department or court pursuant to under section 68(8) 68(7) of this chapter, the central adoption registry shall transmit to the requester a statement from an adult former sibling consenting to the release of the adult former siblings name and address to an adult adoptee. Once a request for information has been received by the central adoption registry, a subsequent statement or revised contact preference form submitted by an adult former sibling consenting to the release of the adult former siblings name and address shall be transmitted to the person who requested the information. (6) At any time, a former parent of an adopted individual who was born in this state may submit to the central adoption registry a contact preference form. Upon receipt of a contact preference form from a former parent under this subsection, the central adoption registry shall match the contact preference form with the adopted individuals central adoption registry record if there is such a record on file and shall file the contact preference form with the record. If there is no central adoption registry record on file for the individual, the contact preference form shall be maintained by the central adoption registry in the same manner as a central adoption registry record. A contact preference form that has been submitted by a former parent to the central adoption registry under this subsection is confidential and shall be placed in the adopted individuals central adoption registry record until issued as provided in this subsection. If a clearance reply form regarding an adopted individual is issued under this section, the central adoption registry shall also issue to the adopted individual a copy of the contact preference forms in the file at the time of issuance. If a former parent has submitted a contact preference form that has the preference described in subdivision (d) selected, the central adoption registry shall issue to the adopted individual a copy of the contact preference form in the file at the time of issuance with any personal identifying information of the former parent redacted from the form. The department shall prescribe the contact preference form, which shall include the following information to be completed at the option of the former parent: (a) I would like to be contacted. (b) I would prefer to be contacted only through a confidential intermediary as provided in section 68b of chapter X of the probate code of 1939, (c) I prefer not to be contacted at this time. However, I have completed an updated medical history as part of this contact preference form that may be released to the adopted individual along with the certified copy of the original certificate of live birth. (d) I prefer not to be contacted at this time and request that a certified copy of the original certificate of live birth not be released to the adopted individual. However, I have completed an updated medical history as part of this contact preference form that may be released to the adopted individual. Sec. 68. (1) Within 63 days after a request for nonidentifying information is received, a child placing agency, a court, or the department shall provide in writing to the adoptive parent, adult adoptee, former parent, or adult former sibling requesting the information all of the nonidentifying information described in section 27(1) and (2) of this chapter. (2) Within 63 days after a request for identifying information about an adult adoptee is received, a child placing agency, or a court, or the department shall provide in writing to the former parent or adult former sibling requesting the information the adult adoptees most recent name and address if the adult adoptee has given written consent to release of the information pursuant to under this chapter. If the adult adoptee has not given written consent to the release of information, the child placing agency, the court, or the department shall, upon presentation of a certified copy of the order of appointment, give the adult adoptees name and address to a confidential intermediary appointed pursuant to under section 68b of this chapter, together with any other information in its possession that would help the confidential intermediary locate the adult adoptee. At the option of agency or the department, the information may be released to the court for release to the confidential intermediary. (3) If the department or a child placing agency receives a request for adoption record information in its possession from an adult adoptee, former parent, or adult former sibling, the department or child placing agency shall provide the individual requesting the information with the identity of the court that confirmed the adoption within 28 days after receipt of the request. If a court receives such a request, the court shall provide the individual requesting the information with the identity of the child placing agency that handled the adoption. (4) If the court that terminated parental rights receives from the former parents or adult former siblings of the adult adoptee a request for the identity of the agency, court, or department to which the child was committed, the court shall provide in writing the name of that agency, court, or department, if known, within 28 days after receipt of the request. (5) Upon receipt of a written request for identifying information from an adult adoptee, a child placing agency, a court, or the department, if it maintains the adoption file for that adoptee, shall submit a clearance request form to the central adoption registry. Within 28 days after receipt of a clearance reply form from the central adoption registry, the child placing agency, court, or department shall notify the adoptee in writing of the identifying information to which the adoptee is entitled under subsection (6) or (7), or, if the identifying information cannot be released pursuant to those subsections under that subsection, the reason why the information cannot be released. The child placing agency, court, or department shall retain a copy of the notice sent to the adult adoptee. (6) For adoptions in which the former parents rights were terminated on or after May 28, 1945 and before September 12, 1980, a child placing agency, a court, or the department shall release to an adult adoptee or to a confidential intermediary appointed under section 68b of this chapter the identifying information described in section 27(3) of this chapter and other identifying information on file with the central adoption registry as specified in section 27b of this chapter, in the following manner: (a) All of the identifying information described in section 27(3) of this chapter shall be released to the adult adoptee, if both former parents have on file with the central adoption registry a statement consenting to release of the identifying information. (b) The identifying information described in section 27(3)(b) and (c) of this chapter about 1 of the former parents and the identifying information described in section 27(3)(a) and (d) of this chapter shall be released to the adult adoptee if that former parent has on file with the central adoption registry a statement consenting to release of identifying information. (c) The identifying information described in section 27(3)(b) and (c) of this chapter about 1 of the former parents and the identifying information described in section 27(3)(a) and (d) of this chapter shall be released to the adult adoptee if that parent is deceased. (d) All of the identifying information described in section 27(3) of this chapter on both former parents shall be released to the adult adoptee, if both former parents are deceased. (e) Upon presentation of a certified copy of the order of appointment, all of the identifying information described in section 27(3) of this chapter shall be released to a confidential intermediary appointed pursuant to section 68b of this chapter, together with additional information to assist the confidential intermediary to locate former family members. At the option of the agency or the department, the information may be released to the court for release to the confidential intermediary. (6) (7) For all adoptions, in which the former parents rights were terminated before May 28, 1945 or on or after September 12, 1980, a child placing agency, a court, or the department shall release to an adult adoptee the identifying information described in section 27(3) of this chapter and any additional information on file with the central adoption registry as specified in section 27b of this chapter, except that if a former parent has filed a statement currently in effect with the central adoption registry denying consent to have identifying information released, the identifying information specified in section 27(3)(b) and (c) of this chapter shall not be released about that parent. For purposes of this subsection, a denial of consent is not effective after the death of the former parent. (7) (8) Upon receipt of a written request from an adult adoptee for the name and address of an adult former sibling, a child placing agency, a court, or the department, if it maintains the adoption file for that adoptee, shall submit a clearance request form to the central adoption registry. Within 28 days after receipt of a clearance reply form from the central adoption registry, the child placing agency, court, or department shall notify the adoptee in writing of the name and address of an adult former sibling whose statement was forwarded by the central adoption registry. (8) (9) If a child placing agency or court or the department requests information from the central adoption registry and if the clearance reply form from the central adoption registry indicates that neither of the former parents has on file with the central adoption registry a statement currently in effect denying consent to have identifying information released, the child placing agency, court, or department shall deliver to the adult adoptee a copy of the clearance reply form it received from the central adoption registry. The clearance reply form may be used by the adult adoptee to obtain a copy of his or her original certificate of live birth pursuant to under section 2882 of the public health code, Act No. of the Public Acts of 1978, his subsection applies to all adoptions. in which the parents rights were terminated before May 28, 1945 or on or after September 12, 1980. (9) (10) If a child placing agency, a court, or the department receives written information concerning a physician-verified medical or genetic condition of an individual biologically related to an adoptee and a request that the information be transmitted to the adoptee because of the serious threat it poses to the adoptees life, the child placing agency, court, or department shall send a written copy of the information by first-class mail within 7 days after the request is received to the adoptee at his or her last known address. If the adoptee is less than 18 years of age, the information shall be sent by first-class mail within 7 days after the request is received to the adoptive parents at their last known address. (10) (11) If the information described in subsection (10) (9) is returned undelivered, the agency, court, or department shall make a reasonable effort to find the most recent address of the adoptee or minor adoptees parents and shall again send the information by first-class mail within 21 days after receiving the returned letter. (11) (12) If a child placing agency, a court, or the department receives written information concerning a physician- verified medical or genetic condition of a person biologically related to an adoptee, and the condition is not life-threatening to the adoptee, the child placing agency, court, or department shall place the information in its adoption files. If the child placing agency, court, or department receives a written request for the information from the adult adoptee or minor adoptees adoptive parents, it shall release a written copy of the information to the adult adoptee or to the minor adoptees adoptive parents within 63 days after the request for the information was made. (12) (13) If a child placing agency, a court, or the department receives written information concerning a physician- verified medical or genetic condition that threatens the life of an adoptee and for which a biologically related person could give life-saving aid, and receives a request from or on behalf of the adoptee that the information be transmitted, the child placing agency, court, or department shall send a written copy of the information by first-class mail within 7 days after the request is received to the biological parents or adult biological siblings of the adoptee at their last known address. (13) (14) If the information described in subsection (13) (12) is returned undelivered, the agency, court, or department shall make a reasonable effort to find the most recent address of the biological parents or adult biological siblings and shall again send the information by first-class mail within 21 days after receiving the returned letter. (14) (15) If a child placing agency, a court, or the department provides an adoptee with the name of 1 of the adoptees former parents, that child placing agency, court, or department shall notify the department of public health of that fact. Upon receipt of notification by the child placing agency, court, or department, the department of public health shall insure that the original birth certificate on file for the adoptee has been sealed and that a new birth certificate has been prepared in conformance with section 67 of this chapter. (15) (16) An employee or agent of a child placing agency, a court, or the department, who intentionally releases identifying information in violation of this section, is guilty of a misdemeanor. (16) (17) This section also applies to a stepparent adoption and to the adoption of a child related to the petitioner within the fifth degree by marriage, blood, or adoption. (17) (18) As used in this section, adult adoptee means an individual who was adopted as a child who is now 18 years of age or older or an individual who was 18 years of age or older at the time of adoption. (18) (19) A child placing agency, a court, and the department may require a fee for supplying information under this section. The fee shall be $60.00 or the actual cost of supplying the information, whichever is less. The child placing agency, court, or department may waive a part or all of the fee in case of indigency or hardship. (19) (20) A direct descendant of a deceased adult adoptee may request information pursuant to under this section. All information to which an adult adoptee is entitled pursuant to under this section shall be released to the adult adoptees direct descendants if the adult adoptee is deceased. (20) (21) A child placing agency, a court or the department shall permit the childrens ombudsman to inspect adoption records in its possession in connection with an investigation authorized under the childrens ombudsman act, being sections 722.921 to 722.935 of the, o 722.932. The ombudsman shall not disclose information obtained by an inspection under this section. If the childrens ombudsman requires further information from an individual whose identity is protected in closed adoption records, the ombudsman shall contact the individual discreetly and confidentially. The ombudsman shall inform the individual that his or her participation in the ombudsmans investigation is confidential, is strictly voluntary, and will not alter or constitute a challenge to the adoption. The ombudsman shall honor the individuals request not to be contacted further. As used in this subsection, childrens ombudsman or ombudsman means the ombudsman appointed pursuant to under section 3 of, the childrens ombudsman act, or his or her designee
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Children; adoption; access to certain adoption records; allow unless a denial is on record. Amends secs. 27b & 68, ch. X of 1939 PA 288 (MCL 710.27b & 710.68)
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Michigan business tax; credit; credit for certain costs incurred during carbon dioxide sequestration and capture; provide for. Amends 2007 PA 36 (MCL 208.1101 - 208.1601) by adding sec. 461
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Technology. A bill to amend, entitled Michigan business tax act, o 208.1601) by adding section 461. Sec. 461. (1) A taxpayer may claim a credit against the tax imposed by this act equal to the cost of purchasing, leasing, or constructing carbon dioxide capture machinery, equipment, or pipeline infrastructure and the cost of materials used in preparing, maintaining, or capping a carbon dioxide injection well incurred during the tax year for which the credit under this section is claimed. (2) A taxpayer that claims the credit under this section shall verify on a form as provided by the department or in a format as prescribed by the department that the actual expenses incurred for purchasing, leasing, or constructing carbon dioxide capture machinery, equipment, or pipeline infrastructure and preparing, maintaining, or capping a carbon dioxide injection well are the same costs claimed and used to calculate the credit under this section. The taxpayer shall attach the verification to its annual return under this act for the tax year in which the credit under this section is claimed. (3) If the amount of the credit allowed under this section and any unused carryforward of the credit allowed by this section exceeds more than 50% of the tax liability of the taxpayer for the tax year, that portion of the credit that exceeds the tax liability by more than 50% shall not be refunded but may be carried forward for year only to offset tax liability in the next tax year. (4) As used in this section: (a) Carbon dioxide capture machinery, equipment, or pipeline infrastructure means a carbon dioxide injection well and any other machinery, equipment, or pipeline infrastructure used to capture, store, or transport carbon dioxide captured from electric power generation or from industrial and other anthropogenic sources for the purpose of carbon sequestration with or without enhanced oil, gas, or other hydrocarbon recovery. (b) Carbon dioxide injection well means a well used for injection of carbon dioxide into geologic formations for permanent storage or a well regulated under part 615 of the natural resources and environmental protection act, o 324.61527, in which carbon dioxide is injected for the purpose of enhancing the recovery of oil, gas, or other hydrocarbon
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Michigan business tax; credit; credit for certain costs incurred during carbon dioxide sequestration and capture; provide for. Amends 2007 PA 36 (MCL 208.1101 - 208.1601) by adding sec. 461
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Elections; local; Michigan election law; amend to allow nonresident owners of real property the right to vote on millage issues. Amends secs. 10, 11 & 492 of 1954 PA 116 (MCL 168.10 et seq.)
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A bill to amend, entitled Michigan election law, by amending sections 10, 11, and 492 168.11, and 168.492), Sec. 10. The term qualified elector, as used in this act, shall be construed to mean any means a person who possesses the qualifications of an elector as prescribed in section 1 of article II of the state constitution of 1963 and who has either resided in the city or township 30 days or, for an election or special election on the question of imposing a new millage or increasing or renewing an existing millage on real property only, who owns real property located in the political subdivision to be affected by the result of that election. Sec. 11. (1) Residence, as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a wife person has a residence separate from that of the husband his or her spouse, that place at which the person resides the greater part of the time shall be his or her official residence for the purposes of this act. This section shall not be construed to does not affect existing judicial interpretation of the term residence. (2) An elector shall not be deemed to have gained or lost does not gain or lose a residence by reason of being while employed in the service of the United States or of this state, while engaged in the navigation of the waters of this state, or of the United States, or of the high seas, while a student at an institution of learning, while kept at any state facility or hospital at public expense, or while confined in a jail or prison. Honorably discharged members of the armed forces of the United States or of this state and who reside in the veterans facility established by this state may acquire a residence where the facility is located. The residence of a person who is a patient receiving treatment at a hospital or other facility pursuant to, as amended, being sections 330.1001 to 330.2106 of the under the mental health code, o 330.2106, is the village, city, or township where the person resided immediately before admission to the hospital or other facility. (3) A member of the armed forces of the United States shall is not be deemed a resident of this state in consequence of due to being stationed in a military or naval place facility within the this state. (4) For purposes of registering to vote and voting at an election or special election on the question of imposing a new millage or increasing or renewing an existing millage on real property only, a person is considered a resident of any political subdivision to be affected by the result of that election in which that person owns real property. Sec. 492. Every Each person who has the following qualifications of an elector, or who will have those qualifications at the next election or primary election, shall be is entitled to be registered register as an elector in the township, city, or village in which he or she resides. The person shall be a citizen of the United States; not less than 18 years of age; a resident of the state for not less than 30 days; and a resident of the township, city, or village on or before the thirtieth day before the next regular or special election or primary election. For purposes of registering to vote and voting at an election or special election on the question of imposing a new millage or increasing or renewing an existing millage on real property only, a person is considered a resident of any political subdivision to be affected by the result of that election in which that person owns real property
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Elections; local; Michigan election law; amend to allow nonresident owners of real property the right to vote on millage issues. Amends secs. 10, 11 & 492 of 1954 PA 116 (MCL 168.10 et seq.)
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Elections; local; fourth class cities; amend to allow nonresident owners of real property the right to vote on millage issues. Amends sec. 1, ch. IV of 1895 PA 215 (MCL 84.1)
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A bill to amend, entitled The fourth class city act, by amending section 1 of chapter IV. CHAPTER IV--ELECTORS AND REGISTRATION Sec. 1. The inhabitants Except as otherwise provided in this section, the residents of cities having who have the qualifications of electors under the constitution of the this state and statutes enacted thereunder under the constitution of this state, and no others, shall be are electors therein in those cities. For purposes of registering to vote and voting at an election or special election on the question of imposing a new millage or increasing or renewing an existing millage on real property only, a person is considered a resident of the city to be affected by the result of that election if that person owns real property located in that city. Registration of electors and division of the city into precincts shall be conducted in the manner provided by law
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Elections; local; fourth class cities; amend to allow nonresident owners of real property the right to vote on millage issues. Amends sec. 1, ch. IV of 1895 PA 215 (MCL 84.1)
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Elections; local; general law village act; amend to allow nonresident owners of real property the right to vote on millage issues. Amends sec. 4, ch. III of 1895 PA 3 (MCL 63.4)
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A bill to amend, entitled The general law village act, by amending section 4 of chapter III as added by. CHAPTER III Sec. 4. An individual who is a registered elector of the township in which the village is located and who is a resident of the village may vote at any election in the village. For purposes of registering to vote and voting at an election or special election on the question of imposing a new millage or increasing or renewing an existing millage on real property only, a person is considered a resident of the village to be affected by the result of that election if that person owns real property located in that village
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Elections; local; general law village act; amend to allow nonresident owners of real property the right to vote on millage issues. Amends sec. 4, ch. III of 1895 PA 3 (MCL 63.4)
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Elections; local; revised school code; amend to allow nonresident owners of real property the right to vote on millage issues. Amends sec. 6 of 1976 PA 451 (MCL 380.6)
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A bill to amend, entitled The revised school code, by amending Sec. 6. (1) School district or local school district means a general powers school district organized under this act, regardless of previous classification, or a school district of the first class. (2) School district filing official means the school district election coordinator as defined in section 4 of the Michigan election law, or an authorized agent of the school district election coordinator. (3) School elector means a person qualified as an elector under section 492 of the Michigan election law, and resident of the school district or intermediate school district on or before the thirtieth day before the next ensuing regular or special school election. For purposes of registering to vote and voting at an election or special election on the question of imposing a new millage or increasing or renewing an existing millage on real property only, a person is considered a resident of the school district or intermediate school district to be affected by the result of that election if that person owns real property located in the school district or intermediate school district. (4) School month means a 4-week period of 5 days each unless otherwise specified in the teachers contract. (5) Special education building and equipment means a structure or portion of a structure or personal property accepted, leased, purchased, or otherwise acquired, prepared, or used for special education programs and services. (6) Special education personnel means persons engaged in and having professional responsibility for students with a disability in special education programs and services including, but not limited to, teachers, aides, school social workers, diagnostic personnel, physical therapists, occupational therapists, audiologists, teachers of speech and language, instructional media- curriculum specialists, mobility specialists, teacher consultants, supervisors, and directors. (7) Special education programs and services means educational and training services designed for students with a disability and operated by local school districts, local act school districts, intermediate school districts, the Michigan schools for the deaf and blind, the department of community health, the department of human services, or a combination of these, and ancillary professional services for students with a disability rendered by agencies approved by the state board. The programs shall include vocational training, but need not include academic programs of college or university level. (8) Special school election or special election means a school district election to fill a vacancy on the school board or submit a ballot question to the school electors that is held on a regular election date established under section 641 of the Michigan election law, (9) State approved nonpublic school means a nonpublic school that complies with, o 388.558. (10) State board means the state board of education unless clearly otherwise stated. (11) Student with a disability means that term as defined in R 340.1702 of the Michigan administrative code. (12) Department means the department of education created and operating under sections 300 to 305 of the executive organization act of 1965, o 16.405. (13) State school aid means allotments from the general appropriating act for the purpose of aiding in the support of the public schools of the state. (14) The state school aid act of 1979 means the state school aid act of 1979, o 388.1772
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Elections; local; revised school code; amend to allow nonresident owners of real property the right to vote on millage issues. Amends sec. 6 of 1976 PA 451 (MCL 380.6)
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Corrections; prisoners; commutation hearings and procedures; expedite for prisoners who are terminally ill. Amends secs. 35 & 44 of 1953 PA 232 (MCL 791.235 & 791.244)
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A bill to amend, entitled Corrections code of 1953, by amending sections 35 and 44 and 791.244), section as amended by and Sec. 35. (1) The release of a prisoner on parole shall be granted solely upon the initiative of the parole board. The parole board may grant a parole without interviewing the prisoner. However, beginning on the date on which the administrative rules prescribing parole guidelines pursuant to section 33e(5) take effect without interviewing the prisoner only if, after evaluating the prisoner according to the parole guidelines, the parole board determines that the prisoner has a high probability of being paroled and the parole board therefore intends to parole the prisoner. Except as provided in subsection (2), a prisoner shall not be denied parole without an interview before 1 member of the parole board. The interview shall be conducted at least 1 month before the expiration of the prisoners minimum sentence less applicable good time and disciplinary credits for a prisoner eligible for good time and disciplinary credits, or at least 1 month before the expiration of the prisoners minimum sentence for a prisoner subject to disciplinary time. The parole board shall consider any statement made to the parole board by a crime victim under the William Van Regenmorter crime victims rights act, o 780.834, or under any other provision of law. The parole board shall not consider any of the following factors in making a parole determination: (a) A juvenile record that a court has ordered the department to expunge. (b) Information that is determined by the parole board to be inaccurate or irrelevant after a challenge and presentation of relevant evidence by a prisoner who has received a notice of intent to conduct an interview as provided in subsection (4). This subdivision applies only to presentence investigation reports prepared before April 1, 1983. (2) Beginning on the date on which the administrative rules prescribing the parole guidelines take effect pursuant to section 33e(5) to the parole guidelines, the parole board determines that the prisoner has a low probability of being paroled and the parole board therefore does not intend to parole the prisoner, the parole board shall is not be required to interview the prisoner before denying parole to the prisoner. (3) The parole board may consider but shall not base a determination to deny parole solely on either of the following: (a) A prisoners marital history. (b) Prior arrests not resulting in conviction or adjudication of delinquency. (4) If an interview is to be conducted, the prisoner shall be sent a notice of intent to conduct an interview at least 1 month before the date of the interview. The notice shall state the specific issues and concerns that shall be discussed at the interview and that may be a basis for a denial of parole. A denial of parole shall not be based on reasons other than those stated in the notice of intent to conduct an interview except for good cause stated to the prisoner at or before the interview and in the written explanation required by subsection (12). This subsection does not apply until April 1, 1983. (5) Except for good cause, the parole board member conducting the interview shall not have cast a vote for or against the prisoners release before conducting the current interview. Before the interview, the parole board member who is to conduct the interview shall review pertinent information relative to the notice of intent to conduct an interview. (6) A prisoner may waive the right to an interview by 1 member of the parole board. The waiver of the right to be interviewed shall be given not more than 30 days after the notice of intent to conduct an interview is issued and shall be made in writing. During the interview held pursuant to a notice of intent to conduct an interview, the prisoner may be represented by an individual of his or her choice. The representative shall not be another prisoner or an attorney. A prisoner is not entitled to appointed counsel at public expense. The prisoner or representative may present relevant evidence in support of release. This subsection does not apply until April 1, 1983. (7) At least 90 days before the expiration of the prisoners minimum sentence less applicable good time and disciplinary credits for a prisoner eligible for good time or disciplinary credits, or at least 90 days before the expiration of the prisoners minimum sentence for a prisoner subject to disciplinary time, or the expiration of a 12-month continuance for any prisoner, a parole eligibility report shall be prepared by appropriate institutional staff. The parole eligibility report shall be considered pertinent information for purposes of subsection (5). The report shall include all of the following: (a) A statement of all major misconduct charges of which the prisoner was found guilty and the punishment served for the misconduct. (b) The prisoners work and educational record while confined. (c) The results of any physical, mental, or psychiatric examinations of the prisoner that may have been performed. (d) Whether the prisoner fully cooperated with the state by providing complete financial information as required under section 3a of the state correctional facility reimbursement act, a. (e) For a prisoner subject to disciplinary time, a statement of all disciplinary time submitted for the parole boards consideration pursuant to section 34 of, (8) The preparer of the report shall not include a recommendation as to release on parole. (9) Psychological evaluations performed at the request of the parole board to assist it in reaching a decision on the release of a prisoner may be performed by the same person who provided the prisoner with therapeutic treatment, unless a different person is requested by the prisoner or parole board. (10) The parole board may grant a medical parole for a prisoner determined to be physically or mentally incapacitated. A decision to grant a medical parole shall be initiated upon the recommendation of the bureau of health care services and shall be reached only after a review of the medical, institutional, and criminal records of the prisoner. This subsection does not preclude a prisoner from seeking a commutation based on physical or mental incapacity under section 44. (11) The department shall submit a petition to the appropriate court under section 434 of the mental health code, for any prisoner being paroled or being released after serving his or her maximum sentence whom the department considers to be a person requiring treatment. The parole board shall require mental health treatment as a special condition of parole for any parolee whom the department has determined to be a person requiring treatment whether or not the petition filed for that prisoner is granted by the court. As used in this subsection, person requiring treatment means that term as defined in section 401 of the mental health code, (12) When the parole board makes a final determination not to release a prisoner, the prisoner shall be provided with a written explanation of the reason for denial and, if appropriate, specific recommendations for corrective action the prisoner may take to facilitate release. (13) This section does not apply to the placement on parole of a person in conjunction with special alternative incarceration under section 34a(7). Sec. 44. (1) Subject to the constitutional authority of the governor to grant reprieves, commutations, and pardons, 1 member of the parole board shall interview a prisoner serving a sentence for murder in the first degree or a sentence of imprisonment for life without parole at the conclusion of 10 calendar years and thereafter as determined appropriate by the parole board, until such time as the prisoner is granted a reprieve, commutation, or pardon by the governor, or is deceased. The interview schedule prescribed in this subsection applies to all prisoners to whom this section is applicable, regardless of when they were sentenced. (2) Upon its own initiation of, or upon receipt of any application for, a reprieve, commutation, or pardon, the parole board shall do all of the following, as applicable: (a) Not more than 60 days after receipt of an application, conduct a review to determine whether the application for a reprieve, commutation, or pardon has merit. (b) Deliver either the written documentation of the initiation or the original application with the parole boards determination regarding merit, to the governor and retain a copy of each in its file, pending an investigation and hearing. (c) Within 10 days after initiation, or after determining that an application has merit, forward to the sentencing judge and to the prosecuting attorney of the county having original jurisdiction of the case, or their successors in office, a written notice of the filing of the application or initiation, together with copies of the application or initiation, any supporting affidavits, and a brief summary of the case. Within 30 days after receipt of notice of the filing of any application or initiation, the The sentencing judge and the prosecuting attorney, or their successors in office, may file information at their disposal, together with any objections, in writing, which they may desire to interpose. A response from a sentencing judge or prosecuting attorney must be filed within 10 days after he or she received the written notice in the case of a proposed commutation based on physical or mental incapacity as provided in subdivision (d) or within 30 days after he or she received the written notice in the case of any other proposed commutation. If the sentencing judge and the prosecuting attorney, or their successors in office, do not respond within 30 days the applicable time period, the parole board shall proceed on the application or initiation. (d) If an application or initiation for commutation is based on physical or mental incapacity, direct the bureau of health care services to evaluate the condition of the prisoner and report on that condition. If the bureau of health care services determines that the prisoner is physically or mentally incapacitated, the bureau shall appoint a specialist in the appropriate field of medicine, who is not employed by the department, to evaluate the condition of the prisoner and to report on that condition. These reports are protected by the doctor-patient privilege of confidentiality, except that these reports shall be provided to the governor for his or her review. (e) Within 270 days after initiation by the parole board or receipt of an application that the parole board has determined to have merit pursuant to subdivision (a), make a full investigation and determination on whether or not to proceed to a public hearing. (f) Conduct Except as otherwise provided in subsection (3), conduct a public hearing not later than 90 days after making a decision to proceed with consideration of a recommendation for the granting of a reprieve, commutation, or pardon. The public hearing shall be held before a formal recommendation is transmitted to the governor. One member of the parole board who will be involved in the formal recommendation may conduct the hearing, and the public shall be represented by the attorney general or a member of the attorney generals staff. (g) At least 30 days before Before conducting the public hearing, provide written notice of the public hearing by mail to the attorney general, the sentencing trial judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice pursuant to the William Van Regenmorter crime victims rights act, o 780.834. If the public hearing is being conducted for a proposed commutation based on physical or mental incapacity as provided in subdivision (d), the written notice shall be provided at least 10 days before the public hearing and may be provided simultaneously with the notice required under subdivision (c). For all other public hearings for proposed commutations, the written notice shall be provided at least 30 days before the public hearing. (h) Conduct the public hearing pursuant to the rules promulgated by the department. Except as otherwise provided in this subdivision, any person having information in connection with the pardon, commutation, or reprieve shall be sworn as a witness. A person who is a victim shall be given an opportunity to address and be questioned by the parole board at the hearing or to submit written testimony for the hearing. In hearing testimony, the parole board shall give liberal construction to any technical rules of evidence. (i) Transmit its formal recommendation to the governor. (j) Make all data in its files available to the governor if the parole board recommends the granting of a reprieve, commutation, or pardon. (3) Notwithstanding subsection (2), a public hearing is not required for a proposed commutation based on physical or mental incapacity under subsection (2)(d) if both medical reports prepared pursuant to subsection (2)(d) give the prisoner a life expectancy of months or less and if the parole board gives written notice of the proposed commutation to the attorney general, the sentencing judge, and the prosecuting attorney, or their successors in office, and each victim who requests notice pursuant to the William Van Regenmorter crime victims rights act, o 780.834. The written notice shall request a written response within days as to the proposed commutation and may be made simultaneously with the notice required under subsection (2)(c). Any written responses shall be forwarded to the governor with the parole boards final recommendation and shall be matters of public record. This subsection does not apply to a prisoner serving a sentence for a listed offense as defined in section 2 of the sex offenders registration act, (4) (3) Except for medical records protected by the doctor- patient privilege of confidentiality, the files of the parole board in cases under this section shall be are matters of public record
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Corrections; prisoners; commutation hearings and procedures; expedite for prisoners who are terminally ill. Amends secs. 35 & 44 of 1953 PA 232 (MCL 791.235 & 791.244)
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Elections; campaign practices; do-not-call list for automated political telephone calls; provide for. Amends secs. 2, 5 & 11 of 1976 PA 388 (MCL 169.202 et seq.) & adds sec. 48
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Elections. A bill to amend, entitled Michigan campaign finance act, by amending sections 2, 5, and 11 169.205, and 169.211), Sec. 2. (1) Automated telephonic communication means any outbound telephone call that plays a recorded message to promote, advertise, or campaign for or against a political candidate or a political issue. (2) (1) Award means a plaque, trophy, certificate, bust, ceremonial gavel, or memento. (3) (2) Ballot question means a question that is submitted or is intended to be submitted to a popular vote at an election whether or not it qualifies for the ballot. (4) (3) Ballot question committee means a committee acting in support of, or in opposition to, the qualification, passage, or defeat of a ballot question but that does not receive contributions or make expenditures or contributions for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate. (5) (4) Bundle means for a bundling committee to deliver 1 or more contributions from individuals to the candidate committee of a candidate for statewide elective office, without the money becoming money of the bundling committee. (6) (5) Bundling committee means an independent committee or political committee that makes an expenditure to solicit or collect from individuals contributions that are to be part of a bundled contribution, which expenditure is required to be reported as an in-kind expenditure for a candidate for statewide elective office. (7) (6) Business means a corporation, limited liability company, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, activity, or entity that is organized for profit or nonprofit purposes. Sec. 5. (1) Domestic dependent sovereign means an Indian tribe that has been acknowledged, recognized, restored, or reaffirmed as an Indian tribe by the secretary of the interior pursuant to chapter 576, 48 Stat. 984, 25 U. S. C. USC 461 to 463, to 465, 466 to 470, 471 to 472, 473, 474 to 475, 476 to 478, and 479, commonly referred to as the Indian reorganization act, or has otherwise been acknowledged by the United States government as an Indian tribe. (2) Do-not-call list means a do-not-call list of individuals designated by the public service commission concerning automated telephonic communications. (3) (2) Election means a primary, general, special, or millage election held in this state or a convention or caucus of a political party held in this state to nominate a candidate. Election includes a recall vote. (4) (3) Election cycle means 1 of the following: (a) For a general election, the period beginning the day following the last general election in which the office appeared on the ballot and ending on the day of the general election in which the office next appears on the ballot. (b) For a special election, the period beginning the day a special general election is called or the date the office becomes vacant, whichever is earlier, and ending on the day of the special general election. (5) (4) Elective office means a public office filled by an election. A person who is appointed to fill a vacancy in a public office that is ordinarily elective holds an elective office. Elective office does not include the office of precinct delegate. Except for the purposes of sections 47, 54, and 55, elective office does not include a school board member in a school district that has a pupil membership of 2,400 or less enrolled on the most recent pupil membership count day. However, elective office includes a school board member in a school district that has a pupil membership of 2,400 or less, if a candidate committee of a candidate for the office of school board member in that school district receives an amount in excess of $1,000.00 or expends an amount in excess of $1,000.00. Elective office does not include a federal office except for the purposes of section 57. Sec. 11. (1) Person means a business, individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting jointly. (2) Political committee means a committee that is not a candidate committee, political party committee, independent committee, or ballot question committee. (3) Political merchandise means goods such as bumper stickers, pins, hats, beverages, literature, or other items sold by a person at a fund raiser or to the general public for publicity or for the purpose of raising funds to be used in supporting or opposing a candidate for nomination for or election to an elective office or in supporting or opposing the qualification, passage, or defeat of a ballot question. (4) Political party means a political party which has a right under law to have the names of its candidates listed on the ballot in a general election. (5) Political party committee means a state central, district, or county committee of a political party which is a committee. Each state central committee shall designate the official party county and district committees. There shall not be more than 1 officially designated political party committee per county and per congressional district. (6) Political solicitor means a person who makes or causes to be made an automated telephonic communication. (7) (6) Public body means 1 or more of the following: (a) A state agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government. (b) The legislature or an agency, board, commission, or council in the legislative branch of state government. (c) A county, city, township, village, intercounty, intercity, or regional governing body; a council, school district, special district, or municipal corporation; or a board, department, commission, or council or an agency of a board, department, commission, or council. (d) Any other body that is created by state or local authority or is primarily funded by or through state or local authority, which body exercises governmental or proprietary authority or performs a governmental or proprietary function. Sec. 48. (1) Within 90 days after the effective date of the amendatory act that added this section, the commission shall do 1 of the following: (a) Establish a state do-not-call list concerning automated telephonic communications. If the commission establishes a state do-not-call list under this subdivision, it shall publish that list quarterly for use by political solicitors. The commission may at any time cease to maintain a list under this subdivision and make a designation under subdivision (b). (b) Investigate any national do-not-call lists then in existence and after consideration of each lists accessibility to political solicitors, ease and cost of registration for individuals seeking inclusion, and the list transfer policies of the list keeper, designate a list as the authorized do-not-call list. The commission may review and make a different designation under this subdivision at any time if the commission determines that an alternative do-not-call list provides superior accessibility to political solicitors and ease and cost of registration for individuals seeking inclusion or if the organization maintaining a previously designated do-not-call list engages in activities the commission considers contrary to the public interest. The commission may at any time discontinue a designation under this subdivision and establish and maintain a list under subdivision (a). (2) In determining whether to establish or designate a do-not- call list under subsection (1), or in designating a do-not-call list under subsection (1)(b), the commission shall consider comments from individuals, political solicitors, or any other person. (3) Beginning 90 days after the commission establishes or designates a do-not-call list under subsection (1), a political solicitor shall not make or cause to be made an automated telephonic communication from within this state to an individual whose name is on the then-current version of the do-not-call list. (4) A political solicitor shall not use a do-not-call list for any purpose other than meeting the requirements of subsection (3). A political solicitor shall not sell or transfer a do-not-call list to any person for any purpose unrelated to this section. (5) If the commission establishes and maintains the do-not- call list under subsection (1), the commission shall not sell or transfer the do-not-call list to any person for any purpose unrelated to this section. (6) As used in this section, commission means the public service commission
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Elections; campaign practices; do-not-call list for automated political telephone calls; provide for. Amends secs. 2, 5 & 11 of 1976 PA 388 (MCL 169.202 et seq.) & adds sec. 48
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Energy; other; utility purchase of electricity from community-based energy development projects; provide for. Amends secs. 3, 5, 9 & 13 of 2008 PA 295 (MCL 460.1003 et seq.) & adds sec. 28
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Technology. A bill to amend, entitled Clean, renewable, and efficient energy act, by amending sections 3, 5, 9, and 13 460.1005, 460.1009, and 460.1013) and by adding section 28. Sec. 3. As used in this act: (a) Advanced cleaner energy means electricity generated using an advanced cleaner energy system. (b) Advanced cleaner energy credit means a credit certified under section 43 that represents generated advanced cleaner energy. (c) Advanced cleaner energy system means any of the following: (i) A gasification facility. (ii) An industrial cogeneration facility. (iii) A coal-fired electric generating facility if 85% or more of the carbon dioxide emissions are captured and permanently geologically sequestered. (iv) An electric generating facility or system that uses technologies not in commercial operation on the effective date of this act October 6, 2008. (d) Affiliated transmission company means that term as defined in section 2 of the electric transmission line certification act, (e) Applicable regional transmission organization means a nonprofit, member-based organization governed by an independent board of directors that serves as the federal energy regulatory commission-approved commission approved regional transmission organization with oversight responsibility for the region that includes the providers service territory. (f) Biomass means any organic matter that is not derived from fossil fuels, that can be converted to usable fuel for the production of energy, and that replenishes over a human, not a geological, time frame, including, but not limited to, all of the following: (i) Agricultural crops and crop wastes. (ii) Short-rotation energy crops. (iii) Herbaceous plants. (iv) Trees and wood, but only if derived from sustainably managed forests or procurement systems, as defined in section 261c of the management and budget act, c. (v) Paper and pulp products. (vi) Precommercial wood thinning waste, brush, or yard waste. (vii) Wood wastes and residues from the processing of wood products or paper. (viii) Animal wastes. (ix) Wastewater sludge or sewage. (x) Aquatic plants. (xi) Food production and processing waste. (xii) Organic by-products from the production of biofuels. (g) Board means the wind energy resource zone board created under section 143. (h) Carbon dioxide emissions benefits means that the carbon dioxide emissions per megawatt hour of electricity generated by the advanced cleaner energy system are at least 85% less or, for an integrated gasification combined cycle facility, 70% less than the average carbon dioxide emissions per megawatt hour of electricity generated from all coal-fired electric generating facilities operating in this state on January 1, 2008. (i) C-BED tariff means a community-based energy development tariff approved under section 28(2). (j) (i) Commission means the Michigan public service commission. (k) Community-based energy development project or C-BED project means a new renewable energy system that meets all of the following requirements: (i) If the renewable energy system is a wind energy conversion system, no single qualifying owner owns more than 15% of the wind energy conversion system unless 1 or more of the following requirements are met: (A) The wind energy conversion system does not include more than turbines. (B) No qualifying owner that owns more than 15% of the wind energy conversion system is a municipally owned electric utility. (ii) Under a power purchase agreement over the life of the renewable energy system, at least 51% of the gross revenues will accrue to qualifying owners and other local entities. (iii) The renewable energy system is approved by a resolution adopted by the county board of commissioners of each county in which the project is to be located or, if the project is to be located within the boundaries of an Indian reservation, by the tribal council for that reservation. (l) (j) Customer meter means an electric meter of a providers retail customer. Customer meter does not include a municipal water pumping meter or additional meters at a single site that were installed specifically to support interruptible air conditioning, interruptible water heating, net metering, or time- of-day tariffs. Sec. 5. As used in this act: (a) Electric provider, subject to sections 21(1), 23(1), and 25(1), and 28, means any of the following: (i) Any person or entity that is regulated by the commission for the purpose of selling electricity to retail customers in this state. (ii) A municipally-owned electric utility in this state. (iii) A cooperative electric utility in this state. (iv) Except as used in subpart B of part 2, an alternative electric supplier licensed under section 10a of, a. (b) Eligible electric generator means that a methane digester or renewable energy system with a generation capacity limited to the customers electric need and that does not exceed the following: (i) For a renewable energy system, 150 kilowatts of aggregate generation at a single site. (ii) For a methane digester, 550 kilowatts of aggregate generation at a single site. (c) Energy conservation means the reduction of customer energy use through the installation of measures or changes in energy usage behavior. Energy conservation does not include the use of advanced cleaner energy systems. (d) Energy efficiency means a decrease in customer consumption of electricity or natural gas achieved through measures or programs that target customer behavior, equipment, devices, or materials without reducing the quality of energy services. (e) Energy optimization, subject to subdivision (f), means all of the following: (i) Energy efficiency. (ii) Load management, to the extent that the load management reduces overall energy usage. (iii) Energy conservation, but only to the extent that the decreases in the consumption of electricity produced by energy conservation are objectively measurable and attributable to an energy optimization plan. (f) Energy optimization does not include electric provider infrastructure projects that are approved for cost recovery by the commission other than as provided in this act. (g) Energy optimization credit means a credit certified pursuant to section 87 that represents achieved energy optimization. (h) Energy optimization plan or EO plan means a plan approved under section 71 73. (i) Energy optimization standard means the minimum energy savings required to be achieved under section 77. (j) Energy star means the voluntary partnership among the United States department of energy, the United States environmental protection agency, product manufacturers, local utilities, and retailers to help promote energy efficient products by labeling with the energy star logo, to educate consumers about the benefits of energy efficiency, and to help promote energy efficiency in buildings by benchmarking and rating energy performance. (k) Federal approval means approval by the applicable regional transmission organization or other federal energy regulatory commission approved transmission planning process of a transmission project that includes the transmission line. Federal approval may be evidenced in any of the following manners: (i) The proposed transmission line is part of a transmission project included in the applicable regional transmission organizations board-approved transmission expansion plan. (ii) The applicable regional transmission organization has informed the electric utility, affiliated transmission company, or independent transmission company that a transmission project submitted for an out-of-cycle project review has been approved by the applicable regional transmission organization, and the approved transmission project includes the proposed transmission line. (iii) If, after the effective date of this act October 6, 2008, the applicable regional transmission organization utilizes another approval process for transmission projects proposed by an electric utility, affiliated transmission company, or independent transmission company, the proposed transmission line is included in a transmission project approved by the applicable regional transmission organization through the approval process developed after the effective date of this act October 6, 2008. (iv) Any other federal energy regulatory commission approved transmission planning process for a transmission project. Sec. 9. As used in this act: (a) Natural gas provider means an investor-owned business engaged in the sale and distribution of natural gas within this state whose rates are regulated by the commission. However, as used in subpart B of part 2, natural gas provider does not include an alternative gas supplier licensed under section 9b of, b. (b) Net present value rate means a rate equal to the net present value of the nominal payments to a C-BED project divided by the total expected energy production of the C-BED project over the life of its power purchase agreement. (c) Nonqualifying owner means a person who is not a qualifying owner. (d) (b) Plasma arc gasification facility means a gasification facility that uses a plasma torch to break substances down into their molecular structures. (e) (c) Provider means an electric provider or a natural gas provider. (f) (d) PURPA means the public utility regulatory policies act of 1978, Public Law 95-617. (g) Qualifying owner means any of the following: (i) A resident of this state. (ii) A limited liability company that is organized under the Michigan limited liability company act, o 450.5200, and whose members are all residents of this state. (iii) A nonprofit corporation organized under the nonprofit corporation act, o 450.3192. (iv) A cooperative corporation organized under sections 98 to of, o 450.109, or chapter 11 of the nonprofit corporation act, o 450.3192, including a cooperative electric utility. (v) A public or private institution of higher education. (vi) A county, city, village, township, or school district or an authority formed by 1 or any combination of these, or any other local or regional governmental organization such as a board or commission or a municipally owned electric utility. (vii) A tribal council. (h) (e) Qualifying small power production facility means that term as defined in 16 USC 824a-3. Sec. 13. As used in this act: (a) Site means a contiguous site, regardless of the number of meters at that site. A site that would be contiguous but for the presence of a street, road, or highway shall be considered to be contiguous for the purposes of this subdivision. (b) Standard reliability criteria means both of the following requirements with respect to the generation of electricity: (i) Can be safely integrated into and operated within the electric providers grid without causing any adverse or unsafe consequences. (ii) Is consistent with the electric providers resource needs. (c) (b) Transmission line means all structures, equipment, and real property necessary to transfer electricity at system bulk supply voltage of 100 kilovolts or more. (d) (c) True net metering means a utility billing method that applies the full retail rate to the net of the bidirectional flow of kilowatt hours across the customer interconnection with the utility distribution system, during a billing period or time-of-use pricing period. A negative net metered quantity during the billing period or during each time-of-use pricing period within the billing period reflects net excess generation for which the customer is entitled to receive credit under section 177(4) 177. (e) (d) Utility system resource cost test means a standard that is met for an investment in energy optimization if, on a life cycle basis, the total avoided supply-side costs to the provider, including representative values for electricity or natural gas supply, transmission, distribution, and other associated costs, are greater than the total costs to the provider of administering and delivering the energy optimization program, including net costs for any provider incentives paid by customers and capitalized costs recovered under section 89. (f) (e) Wind energy conversion system means a renewable energy system that uses 1 or more wind turbines to generate electricity and has a nameplate capacity of 100 kilowatts or more. (g) (f) Wind energy resource zone or wind zone means an area designated by the commission under section 147. Sec. 28. (1) As used in this section, electric provider does not include an alternative electric supplier. (2) By December 1, 2009, each electric provider whose rates are regulated by the commission shall file for commission approval a proposed community-based energy development tariff consistent with subsection (4). Within 90 days after the proposed tariff is filed, the commission shall issue an order approving a community- based energy development tariff for the electric provider. (3) Within 90 days after the first commission approval order of a C-BED tariff filed under subsection (2), each electric provider whose rates are not regulated by the commission shall adopt a community-based energy development tariff consistent with subsection (4). (4) A C-BED tariff shall have a rate schedule that allows for a net present value rate over the duration of a power purchase agreement with a life of 20 years or more. The C-BED tariff shall provide for a rate that is higher in the first 10 years of the power purchase agreement than in the last 10 years. The discount rate required to calculate the net present value shall be the electric providers normal discount rate used for its other business purposes. (5) The commission shall consider and may implement mechanisms to encourage the aggregation of community-based energy development projects. The commission shall do all of the following: (a) Require qualifying owners of C-BED projects to provide sufficient security to secure performance under a power purchase agreement. (b) Prohibit the transfer of a C-BED project to a nonqualifying owner during the initial 20 years of a power purchase agreement. (6) An electric provider that plans to construct or purchase electricity from a new renewable energy system under its renewable energy plan shall take reasonable steps to determine whether a power purchase agreement with 1 or more C-BED projects would meet the electric providers cost and reliability requirements, applying standard reliability criteria, to fulfill some or all of the identified need at minimal impact to customer rates. This section does not obligate an electric provider to enter into a power purchase agreement under a C-BED tariff. (7) Each electric provider shall periodically file with the commission under rules adopted by the commission a description of its efforts to purchase energy from C-BED projects, including a list of C-BED projects under contract and the amount of energy purchased from each C-BED project. The commission shall consider the expenditures of an electric provider to purchase energy from C- BED projects when evaluating under section 31 the providers good- faith effort to spend the full amount of its incremental costs of compliance. (8) To the extent feasible, a developer of a C-BED project shall provide, in writing, an opportunity to invest in the C-BED project to each property owner on whose property is constructed a high-voltage transmission line that will transmit to market the energy generated by the C-BED project. This subsection does not apply unless the property is located and the owner resides in the county where the C-BED project is located. (9) A developer of a C-BED project and an electric provider shall negotiate the rate and other terms for any power purchase agreement entered into under subsection (6) consistent with the C- BED tariff. At the discretion of the developer of a C-BED project, the developer and an electric provider may negotiate a power purchase agreement with terms different from the C-BED tariff. (10) A qualifying owner, or any combination of qualifying owners, may develop a joint venture renewable energy system with a nonqualifying owner. However, the terms of the C-BED tariff of the electric provider that purchases energy from the C-BED project only apply to the portion of the total energy production of the C-BED project that is proportional to the equity share of the C-BED project owned by the qualifying owners. (11) A project that is operating under a power purchase agreement under a C-BED tariff is not eligible for net metering under part 5. (12) A power purchase agreement for a C-BED project entered into under subsection (6) by an electric provider whose rates are regulated by the commission does not take effect until approved by the commission. The commission shall provide the electric providers ratepayers an opportunity to address the reasonableness of the proposed power purchase agreement. Unless a party objects to a power purchase agreement within 30 days of submission of the agreement to the commission, the agreement shall be considered approved. (13) An electric provider or a person providing electric service to wholesale customers in this state may, subject to the limits specified in this act, participate in a C-BED project, including as an owner or equity partner or by providing technical or financial assistance
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Energy; other; utility purchase of electricity from community-based energy development projects; provide for. Amends secs. 3, 5, 9 & 13 of 2008 PA 295 (MCL 460.1003 et seq.) & adds sec. 28
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Housing; landlord and tenants; inventory checklist; provide for tenant right to be present. Amends sec. 8 of 1972 PA 348 (MCL 554.608)
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A bill to amend, entitled An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties, by amending section 8. Sec. 8. (1) The landlord shall make use of inventory checklists both at the commencement and termination of occupancy for each rental unit which detail the condition of the rental unit for which a security deposit is required. (2) At the commencement of the lease, the landlord shall furnish the tenant 2 blank copies of a commencement inventory checklist, which form shall be identical to the form used for the termination inventory checklist. The checklist shall include all items in the rental unit owned by the landlord including, but not limited to, carpeting, draperies, appliances, windows, furniture, walls, closets, shelves, paint, doors, plumbing fixtures and electrical fixtures. (3) Unless the landlord and tenant agree to complete their inventory checklist within a shorter period, the tenant shall review the checklist, note the condition of the property and return copy of the checklist to the landlord within 7 days after receiving possession of the premises. (4) The checklist shall contain the following notice in 12 point boldface type at the top of the first page: You should complete this checklist, noting the condition of the rental property, and return it to the landlord within 7 days after obtaining possession of the rental unit. You are also entitled to request and receive a copy of the last termination inventory checklist which shows what claims were chargeable to the last prior tenants.. (5) At the termination of the occupancy, the landlord shall complete a termination inventory checklist listing all the damages he claims were caused by the tenant. The landlord shall provide the tenant with an opportunity to be present during the inspection that produces the termination inventory checklist and shall give the tenant at least 10 days written notice before conducting the inspection. The tenant shall notify the landlord under section 3 of a forwarding address where the landlord can send the written notice. If the tenant fails to provide a forwarding address, the landlord is relieved of the obligation to provide written notice and may conduct the inspection without the tenant being notified
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Housing; landlord and tenants; inventory checklist; provide for tenant right to be present. Amends sec. 8 of 1972 PA 348 (MCL 554.608)
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Criminal procedure; sex offender registration; individual found not guilty of a sex offense by reason of insanity to be placed on sex offender registry; require. Amends sec. 2 of 1994 PA 295 (MCL 28.722)
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A bill to amend, entitled Sex offenders registration act, by amending Sec. 2. As used in this act: (a) Convicted means 1 of the following: (i) Having a judgment of conviction, a disposition of not guilty by reason of insanity, or a probation order entered in any court having jurisdiction over criminal offenses, including, but not limited to, a tribal court or a military court, and including a conviction subsequently set aside under, o 780.624. (ii) Either of the following: (A) Being assigned to youthful trainee status under sections to 15 of chapter II of the code of criminal procedure, o 762.15, before October 1, 2004. (B) Being assigned to youthful trainee status under sections to 15 of chapter II of the code of criminal procedure, o 762.15, on or after October 1, 2004 if the individuals status of youthful trainee is revoked and an adjudication of guilt is entered. (iii) Having an order of disposition entered under section 18 of chapter XIIA of the probate code of 1939, A.18, that is open to the general public under section 28 of chapter XIIA of the probate code of 1939, A.28. (iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country. (b) Department means the department of state police. (c) Institution of higher education means 1 or more of the following: (i) A public or private community college, college, or university. (ii) A public or private trade, vocational, or occupational school. (d) Local law enforcement agency means the police department of a municipality. (e) Listed offense means any of the following: (i) A violation of section 145a, 145b, or 145c of the Michigan penal code, a, 750.145b, and 750.145c. (ii) A violation of section 158 of the Michigan penal code, if a victim is an individual less than 18 years of age. (iii) A violation of section 335a(2)(b) of the Michigan penal code, a, if that individual was previously convicted of violating section 335a of that act. (iv) A third or subsequent violation of any combination of the following: (A) Section 167(1)(f) of the Michigan penal code, (B) Section 335a(2)(a) of the Michigan penal code, a. (C) A local ordinance of a municipality substantially corresponding to a section described in sub-subparagraph (A) or (B). (v) Except for a juvenile disposition or adjudication, a violation of section 338, 338a, or 338b of the Michigan penal code, 750.338a, and 750.338b, if a victim is an individual less than 18 years of age. (vi) A violation of section 349 of the Michigan penal code, if a victim is an individual less than 18 years of age. (vii) A violation of section 350 of the Michigan penal code, (viii) A violation of section 448 of the Michigan penal code, if a victim is an individual less than 18 years of age. (ix) A violation of section 455 of the Michigan penal code, (x) A violation of section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code, b, 750.520c, 750.520d, 750.520e, and 750.520g. (xi) Any other violation of a law of this state or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age. (xii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, a. (xiii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xii). (xiv) An offense substantially similar to an offense described in subparagraphs (i) to (xiii) under a law of the United States, any state, or any country or under tribal or military law. (f) Municipality means a city, village, or township of this state. (g) Residence, as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a wife has a residence separate from that of the husband, that place at which the person resides the greater part of the time shall be his or her official residence for the purposes of this act. This section shall not be construed to affect existing judicial interpretation of the term residence. (h) Student means an individual enrolled on a full- or part- time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education
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Criminal procedure; sex offender registration; individual found not guilty of a sex offense by reason of insanity to be placed on sex offender registry; require. Amends sec. 2 of 1994 PA 295 (MCL 28.722)
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Fire; other; fees for fire inspection services; allow. Amends sec. 2c of 1941 PA 207 (MCL 29.2c)
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A bill to amend, entitled Fire prevention code, by amending section 2c c), as amended by. Sec. 2c. (1) To implement and enforce this act, the bureau may charge hospitals operation and maintenance inspection fees and may charge hospitals and schools plan review and construction inspection fees as provided in this section. The state fire services fund is created in the state treasury. The state treasurer shall be the custodian of the fund and may invest the surplus of the fund in investments as, in the state treasurers judgment, are in the best interests of the fund. Money in the fund at the close of each fiscal year shall remain in the fund and shall not lapse to the general fund. The state fire marshal shall supervise and administer the fund. The department shall be the administrator of the fund for auditing purposes. Fees received by the bureau and money collected under this act shall be deposited in the fund and shall be appropriated by the legislature to the department for the operation of the bureau, including indirect overhead expenses. (2) Fees charged under subsection (1) shall be deposited in the general fund in a restricted account. The fees collected under this act and placed in the restricted account shall be used only to fund the services for which the fees were collected and shall remain in the restricted account at the end of the fiscal year. Until years after the effective date of the amendatory act that added this sentence, the state fire marshal, after notifying the chairperson of the house and senate appropriations committee of his or her intent to establish the fees and after approval of the board and following a public hearing held by the board, shall establish reasonable fees to be charged by the bureau for acts and services performed by the bureau including, but not limited to, inspections, review of plans and specifications, issuance of certificates of acceptability, testing and evaluation of new products, methods and processes of construction or alteration, inspection of construction and alteration, inspection of construction undertaken pursuant to a permit, the issuance of certificates of use and occupancy, and the hearing of appeals. The fees shall bear a direct relationship to the cost of the service or act, including overhead. The state treasurer shall notify the state fire marshal and the legislature of interest credited and the balance of the fund as of September 30 of each year. (3) The fees charged under this section shall be established in a fee schedule contained in each fiscal years appropriations act for the department. Within 30 days after the setting of fees under subsection (2), the state fire marshal shall report to the legislature on the following: (a) The factors considered in the fee changes including, but not limited to, the increase in the nature and cost of the services and the presence, absence, or change of any state or federal mandates related to the services. (b) Specific cost increases, if any, related to specific services and the method of determining that increased cost. (c) The individuals with direct knowledge of the fee changes that are available to answer questions regarding those changes
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Fire; other; fees for fire inspection services; allow. Amends sec. 2c of 1941 PA 207 (MCL 29.2c)
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Elections; polling places; provision regarding certain prohibited conduct within 100 feet of a polling place; modify to 500 feet. Amends secs. 744 & 931 of 1954 PA 116 (MCL 168.744 & 168.931)
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Elections. A bill to amend, entitled Michigan election law, by amending sections 744 and 931 and 168.931), section as amended by and Sec. 744. (1) An election inspector or any other person in the a polling room, or in a compartment connected to the a polling room, or within 100 500 feet from any entrance to the building in which the a polling place is located shall not persuade or endeavor to persuade a person to vote for or against any particular candidate or party ticket, or for or against any ballot question that is being voted on at the election. A person shall not place or distribute stickers, other than stickers provided by the election officials pursuant to law, in the a polling room, or in a compartment connected to the a polling room, or within 100 500 feet from any entrance to the building in which the a polling place is located. (2) A person shall not solicit donations, gifts, contributions, purchase of tickets, or similar demands, or request or obtain signatures on petitions in the a polling room, or in a compartment connected to the a polling room, or within 100 500 feet from any entrance to the building in which the a polling place is located. (3) On election day, a person shall not post, display, or distribute in a polling place, in any hallway used by voters to enter or exit a polling place, or within 100 500 feet of an entrance to a building in which a polling place is located any material that directly or indirectly makes reference to an election, a candidate, or a ballot question. This subsection does not apply to official material that is required by law to be posted, displayed, or distributed in a polling place on election day. (4) A person who violates this section is guilty of a misdemeanor. Sec. 931. (1) A person who violates 1 or more of the following subdivisions is guilty of a misdemeanor: (a) A person shall not, either directly or indirectly, give, lend, or promise valuable consideration, to or for any person, as an inducement to influence the manner of voting by a person relative to a candidate or ballot question, or as a reward for refraining from voting. (b) A person shall not, either before, on, or after an election, for the persons own benefit or on behalf of any other person, receive, agree, or contract for valuable consideration for or more of the following: (i) Voting or agreeing to vote, or inducing or attempting to induce another to vote, at an election. (ii) Refraining or agreeing to refrain, or inducing or attempting to induce another to refrain, from voting at an election. (iii) Doing anything prohibited by this act. (iv) Both distributing absent voter ballot applications to voters and receiving signed applications from voters for delivery to the appropriate clerk or assistant of the clerk. This subparagraph does not apply to an authorized election official. (c) A person shall not solicit any valuable consideration from a candidate for nomination for, or election to, an office described in this act. This subdivision does not apply to requests for contributions of money by or to an authorized representative of the political party committee of the organization to which the candidate belongs. This subdivision does not apply to a regular business transaction between a candidate and any other person that is not intended for, or connected with, the securing of votes or the influencing of voters in connection with the nomination or election. (d) A person shall not, either directly or indirectly, discharge or threaten to discharge an employee of the person for the purpose of influencing the employees vote at an election. (e) A priest, pastor, curate, or other officer of a religious society shall not, for the purpose of influencing a voter at an election, impose or threaten to impose upon the voter a penalty of excommunication, dismissal, or expulsion, or command or advise the voter, under pain of religious disapproval. (f) A person shall not hire a motor vehicle or other conveyance or cause the same to be done, for conveying voters, other than voters physically unable to walk, to an election. (g) In a city, township, village, or school district that has a board of election commissioners authorized to appoint election inspectors, of election, an election inspector, of election, a clerk, or other election official who accepts an appointment as an election inspector of election shall not fail to report at the polling place designated on election morning at the time specified by the board of election commissioners, unless excused as provided in this subdivision. A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than $10.00 or imprisonment for not more than 10 days, or both. An election inspector, of election, clerk, or other election official who accepts an appointment as an election inspector of election is excused for failing to report at the polling place on election day and is not subject to a fine or imprisonment under this subdivision if or more of the following requirements are met: (i) The election inspector, of election, clerk, or other election official notifies the board of election commissioners or other officers in charge of elections of his or her inability to serve at the time and place specified, 3 days or more before the election. (ii) The election inspector, of election, clerk, or other election official is excused from duty by the board of election commissioners or other officers in charge of elections for cause shown. (h) A person shall not willfully fail to perform a duty imposed upon that person by this act, or disobey a lawful instruction or order of the secretary of state as chief state election officer or of a board of county election commissioners, board of city election commissioners, or board of election inspectors. of election. (i) A delegate or member of a convention shall not solicit a candidate for nomination before the convention for money, reward, position, place, preferment, or other valuable consideration in return for support by the delegate or member in the convention. A candidate or other person shall not promise or give to a delegate money, reward, position, place, preferment, or other valuable consideration in return for support by or vote of the delegate in the convention. (j) A person elected to the office of delegate to a convention shall not accept or receive any money or other valuable consideration for his or her vote as a delegate. (k) A person shall not, while the polls are open on an election day, solicit votes in a polling place or within 100 500 feet from an entrance to the building in which a polling place is located. (l) A person shall not keep a room or building for the purpose, in whole or in part, of recording or registering bets or wagers, or of selling pools upon the result of a political nomination, appointment, or election. A person shall not wager property, money, or thing of value, or be the custodian of money, property, or thing of value, staked, wagered, or pledged, upon the result of a political nomination, appointment, or election. (m) A person shall not participate in a meeting or a portion of a meeting of more than 2 persons, other than the persons immediate family, at which an absent voter ballot is voted. (n) A person, other than an authorized election official, shall not, either directly or indirectly, give, lend, or promise any valuable consideration to or for a person to induce that person to both distribute absent voter ballot applications to voters and receive signed absent voter ballot applications from voters for delivery to the appropriate clerk. (2) A person who violates a provision of this act for which a penalty is not otherwise specifically provided in this act, is guilty of a misdemeanor. (3) A person or a persons agent who knowingly makes, publishes, disseminates, circulates, or places before the public, or knowingly causes directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, either orally or in writing, an assertion, representation, or statement of fact concerning a candidate for public office at an election in this state, that is false, deceptive, scurrilous, or malicious, without the true name of the author being subscribed to the assertion, representation, or statement if written, or announced if unwritten, is guilty of a misdemeanor. (4) As used in this section, valuable consideration includes, but is not limited to, money, property, a gift, a prize or chance for a prize, a fee, a loan, an office, a position, an appointment, or employment
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Elections; polling places; provision regarding certain prohibited conduct within 100 feet of a polling place; modify to 500 feet. Amends secs. 744 & 931 of 1954 PA 116 (MCL 168.744 & 168.931)
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Vehicles; motorcycles; motorcycle helmet requirement; abolish. Amends sec. 658 of 1949 PA 300 (MCL 257.658)
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A bill to amend, entitled Michigan vehicle code, by amending Sec. 658. (1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle. (2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than the number for which it is designed and equipped. (3) A moped or an electric personal assistive mobility device shall not be used to carry more than 1 person at a time. (4) A person operating or riding on a motorcycle, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. A person operating or riding on a motorcycle may, but is not required to, wear a crash helmet on his or her head. Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, o 24.328. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet. (5) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state
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Vehicles; motorcycles; motorcycle helmet requirement; abolish. Amends sec. 658 of 1949 PA 300 (MCL 257.658)
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