summary
stringlengths 0
1.31k
| text
stringlengths 0
1.05M
| title
stringlengths 0
1.31k
|
|---|---|---|
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)
|
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
|
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)
|
Campaign finance; campaign practices; automated campaign telephone calls; prohibit. Amends sec. 931 of 1954 PA 116 (MCL 168.931)
|
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
|
Campaign finance; campaign practices; automated campaign telephone calls; prohibit. Amends sec. 931 of 1954 PA 116 (MCL 168.931)
|
Michigan business tax; other; small business tax credit; modify. Amends secs. 200, 411, 417 & 505 of 2007 PA 36 (MCL 208.1200 et seq.)
|
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
|
Michigan business tax; other; small business tax credit; modify. Amends secs. 200, 411, 417 & 505 of 2007 PA 36 (MCL 208.1200 et seq.)
|
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
|
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
|
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
|
Children; parental rights; rights of putative father; require document notarization before termination. Amends sec. 37, ch. X of 1939 PA 288 (MCL 710.37)
|
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
|
Children; parental rights; rights of putative father; require document notarization before termination. Amends sec. 37, ch. X of 1939 PA 288 (MCL 710.37)
|
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
|
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
|
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
|
Insurance; health; coverage for prosthetics and orthotics; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
|
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
|
Insurance; health; coverage for prosthetics and orthotics; provide for. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
|
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
|
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
|
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
|
Insurance; health care corporations; coverage for prosthetics and orthotics; provide for. Amends sec. 415 of 1980 PA 350 (MCL 550.1415) & adds sec. 415a
|
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
|
Insurance; health care corporations; coverage for prosthetics and orthotics; provide for. Amends sec. 415 of 1980 PA 350 (MCL 550.1415) & adds sec. 415a
|
Health facilities; hospitals; disclosure of hospital-acquired infection rates; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525
|
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
|
Health facilities; hospitals; disclosure of hospital-acquired infection rates; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 21525
|
Elections; candidates; precinct delegates; revise period of time to file as write-in candidate. Amends sec. 737a of 1954 PA 116 (MCL 168.737a)
|
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
|
Elections; candidates; precinct delegates; revise period of time to file as write-in candidate. Amends sec. 737a of 1954 PA 116 (MCL 168.737a)
|
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
|
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
|
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
|
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
|
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
|
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
|
Insurance; health; wheelchair ramps; include with durable medical equipment coverage. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
|
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
|
Insurance; health; wheelchair ramps; include with durable medical equipment coverage. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406s
|
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)
|
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
|
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)
|
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
|
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
|
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
|
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.)
|
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
|
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.)
|
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)
|
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
|
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)
|
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)
|
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
|
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)
|
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)
|
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
|
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)
|
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)
|
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
|
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)
|
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
|
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
|
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
|
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
|
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
|
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
|
Housing; landlord and tenants; inventory checklist; provide for tenant right to be present. Amends sec. 8 of 1972 PA 348 (MCL 554.608)
|
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
|
Housing; landlord and tenants; inventory checklist; provide for tenant right to be present. Amends sec. 8 of 1972 PA 348 (MCL 554.608)
|
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)
|
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
|
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)
|
Fire; other; fees for fire inspection services; allow. Amends sec. 2c of 1941 PA 207 (MCL 29.2c)
|
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
|
Fire; other; fees for fire inspection services; allow. Amends sec. 2c of 1941 PA 207 (MCL 29.2c)
|
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)
|
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
|
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)
|
Vehicles; motorcycles; motorcycle helmet requirement; abolish. Amends sec. 658 of 1949 PA 300 (MCL 257.658)
|
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
|
Vehicles; motorcycles; motorcycle helmet requirement; abolish. Amends sec. 658 of 1949 PA 300 (MCL 257.658)
|
Revenue sharing; cities and villages; per capita distribution for cities, villages, and townships; provide for. Amends secs. 11 & 13 of 1971 PA 140 (MCL 141.911 & 141.913)
|
A bill to amend, entitled Glenn Steil state revenue sharing act of 1971, by amending sections 11 and 13 and 141.913), section as amended by and Sec. 11. (1) For state fiscal years before the 1996-1997 state fiscal year, the department of management and budget shall cause to be paid during each August, November, February, and May, to counties on a per capita basis the collections from the state income tax as certified by the department of treasury for the quarter periods ending the prior June 30, September 30, December 31, and March 31 that are available for distribution to and retention by counties. (2) For state fiscal years beginning after September 30, 1992 and ending before October 1, 1996, the collections from the state income tax otherwise available for distribution to counties in November for the quarter period ending the prior September 30 shall be increased by $35,900,000.00 and the collections from the state income tax otherwise available for distribution to counties in August for the quarter period ending the prior June 30 shall be decreased by $35,900,000.00. (3) For the 1996-1997 and 1997-1998 state fiscal years, the department of treasury shall cause to be paid to counties on a per capita basis an amount equal to 24.5% of the difference between 21.3% of the sales tax collections at a rate of 4% in the 12-month period ending June 30 of the state fiscal year in which the payments are made and the total distribution for the state fiscal year under section 12a. Subject to section 13d, for the 1998-1999 through 2005-2006 state fiscal year and state fiscal years and for the period of October 1, 2006 through September 30, 2007 after the 1998-1999 state fiscal year, the department of treasury shall cause to be paid to counties all of the following: (a) Except as provided in subdivision (c) and subsection (6) (5), an amount equal to the amount the county was eligible to receive under section 12a in the 1997-1998 state fiscal year. (b) Except as provided in subdivision (c) and subsection (6) (5), an amount equal to 25.06% of 21.3% of the sales tax collections at a rate of 4% in the 12-month period ending June 30 of the state fiscal year in which the payments are made minus the amount determined under subdivision (a), which remainder shall be distributed on a per capita basis. If the amount appropriated under this section to counties is less than 25.06% of 21.3% of the sales tax rate of 4%, any reduction made necessary by this appropriation in distributions to counties shall first be applied to the distribution under this subdivision. (c) For the 2002-2003 state fiscal year only, each county shall receive the lesser of 96.5%, or the percentage determined under this subdivision, of the amount that the county would have received if the total available for distribution under subdivisions (a) and (b) were $211,549,002.00. The total amount available for distribution to all counties under this subdivision shall not exceed $204,144,787.00. For the 2002-2003 state fiscal year, the percentage under this subdivision shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 and $791,070,000.00 by $1,515,644,218.00. For the 2003-2004 state fiscal year only, each county shall receive the lesser of 92%, or the percentage determined under this subdivision, of the amount distributed to the county under this subsection for the 2002-2003 state fiscal year. For the 2003-2004 state fiscal year, the percentage under this subdivision shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 and $724,800,000.00 by $1,407,850,000.00 and then subtracting 0.08. (4) After September 30, 2007 and subject to the limitations of subsections (3) and (6), 25.06% of 21.3% of the sales tax collections at a rate of 4% shall be distributed to counties as provided by law. (4) (5) The payments under subsection (3) shall be made from revenues collected during the state fiscal year in which the payments are made and shall be made during each October, December, February, April, June, and August. Payments shall be based on collections from the sales tax at a rate of 4% in the 2-month period ending the prior August 31, October 31, December 31, February 28, April 30, and June 30, and for the 1996-1997 and 1997- 1998 state fiscal years only the payments shall be reduced by 1/6 of the total distribution for the state fiscal year under section 12a. For state fiscal years after the 1995-1996 state fiscal year, the collections from the sales tax otherwise available for distribution to counties under subsection (3) in December shall be increased by $17,000,000.00 and the collections from the sales tax otherwise available for distribution to counties under subsection (3) in April shall be decreased by $17,000,000.00. (5) (6) For state fiscal years beginning after September 30, 2004, the total amount distributed to each county under this section shall equal the amount by which the balance in its revenue sharing reserve fund under section 44a of the general property tax act, a, for the countys most recent fiscal year that ends prior to the January 1 of the states fiscal year is less than the amount calculated under section 44a(13) of the general property tax act, a, for the county fiscal year that begins in the states fiscal year. Payments under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all counties. Upon the exhaustion of each countys revenue sharing reserve fund, state revenue sharing within that county will be fully and permanently restored in an amount equal to the total payments made to that county under this act in the state fiscal year ending September 30, 2004, adjusted annually through the date of restoration by the inflation rate, without regard to an executive order issued after May 17, 2004, and prorated based on the amount of the reserve fund used by the county in the fiscal year during which payments are required to resume under this subsection. As used in this subsection, inflation rate means that term as defined in section 34d of the general property tax act, d. (6) (7) The department of treasury may withhold all or a portion of payments under this section to a county that has not timely furnished the statement required under section 151(1) of the state school aid act of 1979, or distributed an industrial facilities tax as required under, o 207.572, or the specific tax as required under section 21b of the enterprise zone act, b. Before withholding all or a portion of the payments under this section to a county, the department shall inform the county in writing of the intent to withhold payments and offer an opportunity for an informal conference on the matter. Sec. 13. (1) This subsection and subsection (2) apply to distributions to cities, villages, and townships during the state fiscal years before the 1996-1997 state fiscal year of collections from the state income tax and single business tax. Except as otherwise provided in subsection (2), the department of treasury shall cause to be paid to each city, village, and township its share, computed in accordance with the tax effort formula, of the following revenues: (a) During each August, November, February, and May, the collections from the state income tax for the quarter periods ending the prior June 30, September 30, December 31, and March 31 that are available for distribution to cities, villages, and townships under the income tax act of 1967, o 206.532. (b) The amount of the collections from the single business tax available for distribution to cities, villages, and townships under former section 136 of the single business tax act,. (2) The amount of collections of the state income tax otherwise available for distribution to cities, villages, and townships in November, February, and May, computed in accordance with the tax effort formula, shall be increased by $22,600,000.00. The amount of collections otherwise available for distribution to cities, villages, and townships in August, computed in accordance with the tax effort formula, shall be decreased by $67,800,000.00. (3) This subsection applies to distributions to cities, villages, and townships for the 1996-1997 state fiscal year. The department shall cause to be paid in accordance with the tax effort formula an amount equal to 75.5% of the difference between 21.3% of the sales tax collections at a rate of 4% in the 12-month period ending June 30 of the state fiscal year in which the payments are made and the total distribution for the state fiscal year under section 12a. (4) The department of treasury shall cause to be paid during the 1997-1998 state fiscal year an amount equal to 75.5% of the difference between 21.3% of the sales tax collections at a rate of 4% in the 12-month period ending June 30 of the state fiscal year in which the payments are made and the total distribution for the state fiscal year under section 12a, both of the following: (a) To each city, village, and township, the amount of collections distributed under subsection (3) to cities, villages, and townships for the 1996-1997 state fiscal year or its pro rata share of the collections if the collections are less than the amount of collections distributed under subsection (3) for the 1996-1997 state fiscal year. A citys, villages, or townships share of revenues under this subdivision shall be computed using the tax effort formula. (b) To each city, village, and township its share of the collections to the extent the total collections available for distribution under this subsection exceed the amount distributed to cities, villages, and townships under subdivision (a) for the fiscal year. A citys, villages, or townships share of revenues under this subdivision shall be computed on a per capita basis. (5) Subject to section 13d, for the 1998-1999 through 2006- 2007 state fiscal years, the department of treasury shall cause distributions determined under subsections (6) to (13) to be paid to each city, village, and township from an amount equal to 74.94% of 21.3% of the sales tax collections at a rate of 4% in the 12- month period ending June 30 of the state fiscal year in which the payments are made. After September 30, 2007, 74.94% of 21.3% of sales tax collections at a rate of 4% shall be distributed to cities, villages, and townships as provided by law on a per capita basis. (6) Subject to section 13d, for the 1998-1999 through 2006- 2007 state fiscal years, except for the 2002-2003 through 2006-2007 state fiscal years, and except as otherwise provided in subsection (15), the department of treasury shall cause to be paid $333,900,000.00 to a city with a population of 750,000 or more as the total combined distribution under this act and section 10 of article IX of the state constitution of 1963 as annualized for any period of less than 12 months to that city. For the 2002-2003 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of $322,213,500.00 or $333,900,000.00 multiplied by the percentage as determined under this subsection. For the 2002-2003 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 and $791,070,000.00 by $1,515,644,218.00. For the 2003-2004 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of 92%, or the percentage determined under this subsection, of the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2002-2003 state fiscal year. For the 2003-2004 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section of article IX of the state constitution of 1963 and $724,800,000.00 by $1,407,850,000.00 and then subtracting 0.08. For the 2004-2005 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of 100%, or the percentage determined under this subsection, of the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2003-2004 state fiscal year. For the 2004-2005 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 and $445,300,000.00 by $1,126,300,000.00. For the 2005-2006 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of 100%, or the percentage determined under this subsection, of the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2004-2005 state fiscal year. For the 2005-2006 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section of article IX of the state constitution of 1963 for the 2005-2006 state fiscal year and $423,350,000.00 by $1,115,875,000.00. For the 2006-2007 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of 100%, or the percentage determined under this subsection, of the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2005-2006 state fiscal year. For the 2006-2007 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 for the 2006-2007 state fiscal year and $407,485,000.00 by $1,106,410,000.00. (7) Except as otherwise provided in this subsection, distributions under subsections (8) to (13) to cities, villages, and townships with populations of less than 750,000 shall be made from the amount available for distribution under this section that remains after the distribution under subsection (6) is made. For the 2002-2003 state fiscal year only, each city, village, and township with a population of less than 750,000 shall receive the lesser of 96.5%, or the percentage determined under this subsection, of the amount that the city, village, or township would have received if the total available for distribution under subsections (8) to (13) were $363,069,728.00 and the total available for distribution under section 10 of article IX of the state constitution of 1963 were $607,125,488.00. The total amount available for distribution to all cities, villages, and townships under this subsection shall not exceed $936,238,383.00. For the 2002-2003 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section of article IX of the state constitution of 1963 and $791,070,000.00 by $1,515,644,218.00. For the 2003-2004 state fiscal year only, each city, village, and township with a population of less than 750,000 shall receive an amount equal to the lesser of 92%, or the percentage determined under this subsection, of the amount distributed to the city, village, or township under this subsection and section 10 of article IX of the state constitution of 1963 for the 2002-2003 state fiscal year. For the 2003-2004 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 and $724,800,000.00 by $1,407,850,000.00 and then subtracting 0.08. For the 2004-2005 state fiscal year only, the combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 to each city, village, and township with a population of less than 750,000 shall be the lesser of 100%, or the percentage determined under this subsection, of the total combined distribution to that city, village, or township under this subsection and section 10 of article IX of the state constitution of 1963 for the 2003-2004 state fiscal year. For the 2004-2005 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 and $445,300,000.00 by $1,126,300,000.00. For the 2005-2006 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of 100%, or the percentage determined under this subsection, of the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2004-2005 state fiscal year. For the 2005-2006 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section 10 of article IX of the state constitution of 1963 for the 2005-2006 state fiscal year and $423,350,000.00 by $1,115,875,000.00. For the 2006-2007 state fiscal year only, the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 shall be the lesser of 100%, or the percentage determined under this subsection, of the total combined distribution under this subsection and section 10 of article IX of the state constitution of 1963 for the 2005-2006 state fiscal year. For the 2006-2007 state fiscal year, the percentage under this subsection shall be determined by dividing the sum of all payments under section of article IX of the state constitution of 1963 for the 2006-2007 state fiscal year and $407,485,000.00 by $1,106,410,000.00. The amount of the adjustment under this subsection shall be accomplished by reducing the payments under subsections (8) to (13), and payments under section 10 of article IX shall not be reduced based on any adjustments made under this subsection. (8) Subject to section 13d, for the 1998-1999 through 2006- 2007 state fiscal years, for cities, villages, and townships with populations of less than 750,000, subject to the limitations under this section, a taxable value payment shall be made to each city, village, and township determined as follows: (a) Determine the per capita taxable value for each city, village, and township by dividing the taxable value of that city, village, or township by the population of that city, village, or township. (b) Determine the statewide per capita taxable value by dividing the total taxable value of all cities, villages, and townships by the total population of all cities, villages, and townships. (c) Determine the per capita taxable value ratio for each city, village, and township by dividing the statewide per capita taxable value by the per capita taxable value for that city, village, or township. (d) Determine the adjusted taxable value population for each city, village, and township by multiplying the per capita taxable value ratio as determined under subdivision (c) for that city, village, or township by the population of that city, village, or township. (e) Determine the total statewide adjusted taxable value population which is the sum of all adjusted taxable value population for all cities, villages, and townships. (f) Determine the taxable value payment rate by dividing 74.94% of 21.3% of the sales tax collections at a rate of 4% in the 12-month period ending June 30 of the state fiscal year in which the payments under this subsection are made by 3, and dividing that result by the total statewide adjusted taxable value population as determined under subdivision (e). (g) Determine the taxable value payment for each city, village, and township by multiplying the result under subdivision (f) by the adjusted taxable value population for that city, village, or township. (9) Subject to section 13d, for the 1998-1999 through 2005- 2006 state fiscal years, and for the period of October 1, 2006 through September 30, 2007, subject to the limitations under this section and except as provided in subsection (14), a unit type population payment shall be made to each city, village, and township with a population of less than 750,000 determined as follows: (a) Determine the unit type population weight factor for each city, village, and township as follows: (i) For a township with a population of 5,000 or less, the unit type population weight factor is 1.0. (ii) For a township with a population of more than 5,000 but less than 10,001, the unit type population weight factor is 1.2. (iii) For a township with a population of more than 10,000 but less than 20,001, the unit type population weight factor is 1.44. (iv) For a township with a population of more than 20,000 but less than 40,001, the unit type population weight factor is 1.73. (v) For a township with a population of more than 40,000 but less than 80,001, the unit type population weight factor is 2.07. (vi) For a township with a population of more than 80,000, the unit type population weight factor is 2.49. (vii) For a village with a population of 5,000 or less, the unit type population weight factor is 1.5. (viii) For a village with a population of more than 5,000 but less than 10,001, the unit type population weight factor is 1.8. (ix) For a village with a population of more than 10,000, the unit type population weight factor is 2.16. (x) For a city with a population of 5,000 or less, the unit type population weight factor is 2.5. (xi) For a city with a population of more than 5,000 but less than 10,001, the unit type population weight factor is 3.0. (xii) For a city with a population of more than 10,000 but less than 20,001, the unit type population weight factor is 3.6. (xiii) For a city with a population of more than 20,000 but less than 40,001, the unit type population weight factor is 4.32. (xiv) For a city with a population of more than 40,000 but less than 80,001, the unit type population weight factor is 5.18. (xv) For a city with a population of more than 80,000 but less than 160,001, the unit type population weight factor is 6.22. (xvi) For a city with a population of more than 160,000 but less than 320,001, the unit type population weight factor is 7.46. (xvii) For a city with a population of more than 320,000 but less than 640,001, the unit type population weight factor is 8.96. (xviii) For a city with a population of more than 640,000, the unit type population weight factor is 10.75. (b) Determine the adjusted unit type population for each city, village, and township by multiplying the unit type population weight factor for that city, village, or township as determined under subdivision (a) by the population of the city, village, or township. (c) Determine the total statewide adjusted unit type population, which is the sum of the adjusted unit type population for all cities, villages, and townships. (d) Determine the unit type population payment rate by dividing 74.94% of 21.3% of the sales tax collections at a rate of 4% in the 12-month period ending June 30 of the state fiscal year in which the payments under this subsection are made by 3, and then dividing that result by the total statewide adjusted unit type population as determined under subdivision (c). (e) Determine the unit type population payment for each city, village, and township by multiplying the result under subdivision (d) by the adjusted unit type population for that city, village, or township. (10) Subject to section 13d, for the 1998-1999 through 2005- 2006 state fiscal years, and for the period of October 1, 2006 through September 30, 2007, subject to the limitations under this section, a yield equalization payment shall be made to each city, village, and township with a population of less than 750,000 sufficient to provide the guaranteed tax base for a local tax effort not to exceed 0.02. The payment shall be determined as follows: (a) The guaranteed tax base is the maximum combined state and local per capita taxable value that can be guaranteed in a state fiscal year to each city, village, and township for a local tax effort not to exceed 0.02 if an amount equal to 74.94% of 21.3% of the state sales tax at a rate of 4% is distributed to cities, villages, and townships whose per capita taxable value is below the guaranteed tax base. (b) The full yield equalization payment to each city, village, and township is the product of the amounts determined under subparagraphs (i) and (ii): (i) An amount greater than zero that is equal to the difference between the guaranteed tax base determined in subdivision (a) and the per capita taxable value of the city, village, or township. (ii) The local tax effort of the city, village, or township, not to exceed 0.02, multiplied by the population of that city, village, or township. (c) The yield equalization payment is the full yield equalization payment divided by 3. (11) For state fiscal years after the 1997-1998 through 2005- 2006 state fiscal year years, distributions under this section for cities, villages, and townships with populations of less than 750,000 shall be determined as follows: (a) For the 1998-1999 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Ninety percent of the total amount available for distribution under subsections (8), (9), and (10) for the 1998-1999 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Ten percent of the total amount available for distribution under subsections (8), (9), and (10) for the 1998-1999 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (b) For the 1999-2000 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Eighty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 1999-2000 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Twenty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 1999-2000 state fiscal year multiplied by the citys, villages, or townships percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (c) For the 2000-2001 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Seventy percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2000-2001 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Thirty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2000-2001 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (d) For the 2001-2002 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Sixty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2001-2002 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Forty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2001-2002 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (e) For the 2002-2003 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Fifty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2002-2003 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Fifty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2002-2003 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (f) For the 2003-2004 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Forty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2003-2004 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Sixty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2003-2004 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (g) For the 2004-2005 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Thirty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2004-2005 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Seventy percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2004-2005 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (h) For the 2005-2006 state fiscal year, the payment under this section for each city, village, and township shall be the sum of the following: (i) Twenty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2005-2006 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Eighty percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2005-2006 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (i) For the period of October 1, 2006 through September 30, 2007, the payment under this section for each city, village, and township shall be the sum of the following: (i) Ten percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2006-2007 state fiscal year multiplied by the citys, villages, or townships percentage share of the distributions under this section and section 12a minus the amount of a distribution under this section and section 12a to a city that is eligible to receive a distribution under subsection (6) in the 1997-1998 state fiscal year. (ii) Ninety percent of the total amount available for distribution under subsections (8), (9), and (10) for the 2006-2007 state fiscal year multiplied by the percentage share of the distribution amounts calculated under subsections (8), (9), and (10). (12) Except as otherwise provided in this subsection for state fiscal years before the 2008-2009 state fiscal year, the total payment to any city, village, or township under this act and section of article IX of the state constitution of 1963 shall not increase by more than 8% over the amount of the payment under this act and section 10 of article IX of the state constitution of 1963 in the immediately preceding state fiscal year. From the amount not distributed because of the limitation imposed by this subsection, the department shall distribute an amount to certain cities, villages, and townships such that the percentage increase in the total payment under this act and section 10 of article IX of the state constitution of 1963 from the immediately preceding state fiscal year to each of those cities, villages, and townships is equal to, but does not exceed, the percentage increase from the immediately preceding state fiscal year of any city, village, or township that does not receive a distribution under this subsection. This subsection does not apply for state fiscal years after the 2000 federal decennial census becomes official to a city, village, or township with a 10% or more increase in population from the official 1990 federal decennial census to the official 2000 federal decennial census. (13) The percentage allocations to distributions under subsections (8) to (10) pursuant to subsection (11) shall be calculated as if, in any state fiscal year, the amount appropriated under this section for distribution to cities, villages, and townships is 74.94% of 21.3% of the sales tax at a rate of 4%. If the amount appropriated under this section to cities, villages, and townships is less than 74.94% of 21.3% of the sales tax at a rate of 4%, any reduction made necessary by this appropriation in distributions to cities, villages, and townships shall first be applied to the distribution under subsections (8) to (10) and any remaining amount shall be applied to the other distributions under this section. (14) A For state fiscal years before the 2008-2009 state fiscal year, distribution under this section to a township that provides for or makes available fire, police on a 24-hour basis either through contracting for or directly employing personnel, water to 50% or more of its residents, and sewer services to 50% or more of its residents and has a population of 10,000 or more or a township that has a population of 20,000 or more shall use be determined by using the unit type population weight factor under subsection (9)(a) for a city with the same population as the township. (15) For a state fiscal year before the 2008-2009 state fiscal year in which the sales tax collections decrease from the sales tax collections for the immediately preceding state fiscal year, the department shall reduce the amount to be distributed to a city with a population of 750,000 or more under subsection (6) by an amount determined by subtracting the amount the city is eligible for under section of article IX of the state constitution of 1963 for the state fiscal year from $333,900,000.00 and multiplying that result by the same percentage as the percentage decrease in sales tax collections for that state fiscal year as compared to sales tax collections for the immediately preceding state fiscal year. This subsection does not apply to the 2002-2003 through 2006-2007 state fiscal years. (16) Notwithstanding any other provision of this section for the 1998-1999 state fiscal year, the total combined amount received by each city, village, and township under this section and section of article IX of the state constitution of 1963 shall not be less than the combined amount received under this section, section 12a, and section 10 of article IX of the state constitution of 1963 in the 1997-1998 state fiscal year. The increase, if any, for each city, village, and township from the 1997-1998 state fiscal year, other than a city that receives a distribution under subsection (6), shall be reduced by a uniform percentage to the extent necessary to fund distributions under this subsection. (17) The payments under subsections (3), (4), and (5) shall be made during each October, December, February, April, June, and August. Payments under subsections (3), (4), and (5) shall be based on collections from the sales tax at the rate of 4% in the 2-month period ending the prior August 31, October 31, December 31, February 28, April 30, and June 30, and for the 1996-1997 and 1997- 1998 state fiscal years only, the payments shall be reduced by 1/6 of the total distribution for the state fiscal year under section 12a. (18) Payments under this section shall be made from revenues collected during the state fiscal year in which the payments are made. (19) Distributions provided for by this act are subject to an annual appropriation by the legislature. (20) After the department has informed a city, village, or township in writing of the intent to withhold all or a portion of payments under this section and offered the affected city, village, or township an opportunity for an informal conference on the matter, the department of treasury may withhold all or a portion of payments under this section to a city, village, or township that has not distributed 1 or more of the following: (a) An industrial facilities tax as required under, o 207.572. (b) The specific tax as required under section 21b of the enterprise zone act, b. (c) Any portion of the state education tax levied under the state education tax act, o 211.906, or of property taxes levied for any purpose by a local or intermediate school district under the revised school code, o 380.1852, determined by the state tax commission to have been wrongfully captured and retained to implement a tax increment financing plan under, o 125.1681, the tax increment finance authority act, o 125.1830, or the local development financing act, o 125.2174
|
Revenue sharing; cities and villages; per capita distribution for cities, villages, and townships; provide for. Amends secs. 11 & 13 of 1971 PA 140 (MCL 141.911 & 141.913)
|
Education; attendance; compulsory age for attendance; increase to age 18. Amends secs. 1561 & 1596 of 1976 PA 451 (MCL 380.1561 & 380.1596)
|
A bill to amend, entitled The revised school code, by amending sections 1561 and 1596 and 380.1596), Sec. 1561. (1) Except as otherwise provided in this section, every parent, guardian, or other person in this state having control and charge of a child from the age of 6 to the childs sixteenth eighteenth birthday shall send that child to a public school during the entire school year. The childs attendance shall be continuous and consecutive for the school year fixed by the school district in which the child is enrolled. In a school district that maintains school during the entire calendar year and in which the school year is divided into quarters, a child is not required to attend the public school more than 3 quarters in 1 calendar year, but a child shall not be absent for 2 or more consecutive quarters. (2) A child becoming 6 years of age before December 1 shall be enrolled on the first school day of the school year in which the childs sixth birthday occurs. A child becoming 6 years of age on or after December 1 shall be enrolled on the first school day of the school year following the school year in which the childs sixth birthday occurs. (3) A child is not required to attend a public school in any of the following cases: (a) The child is attending regularly and is being taught in a state approved nonpublic school, which teaches subjects comparable to those taught in the public schools to children of corresponding age and grade, as determined by the course of study for the public schools of the district within which the nonpublic school is located. (b) The child is less than 9 years of age and does not reside within 2-1/2 miles by the nearest traveled road of a public school. If transportation is furnished for pupils in the school district of the childs residence, this subdivision does not apply. (c) The child is age 12 or 13 and is in attendance at confirmation classes conducted for a period of 5 months or less. (d) The child is regularly enrolled in a public school while in attendance at religious instruction classes for not more than 2 class hours per week, off public school property during public school hours, upon written request of the parent, guardian, or person in loco parentis under rules promulgated by the state board. (e) The child has graduated from high school or has fulfilled all requirements for high school graduation. (f) The child is being educated at the childs home by his or her parent or legal guardian in an organized educational program in the subject areas of reading, spelling, mathematics, science, history, civics, literature, writing, and English grammar. (4) For a child being educated at the childs home by his or her parent or legal guardian, exemption from the requirement to attend public school may exist under either subsection (3)(a) or (3)(f), or both. Sec. 1596. (1) The board of a school district other than a primary school district may establish 1 or more ungraded schools for the instruction of certain pupils classified in subsection (2). The board may require the pupils to attend an ungraded school or a department of the school as the board directs. (2) The following cases of persons, aged A child age 7 to the sixteenth his or her eighteenth birthday residing who resides in the school district shall be deemed and who meets 1 or more of the following is considered a juvenile disorderly persons person and in the judgment of the proper school authorities may be assigned to the ungraded school or department: (a) Class 1, habitual truants A child who is habitually truant from the school in which they are he or she is enrolled as pupils a pupil. (b) Class 2, children A child who, while attending school, are is incorrigibly turbulent, disobedient, and insubordinate, or who are is immoral in conduct. (c) Class 3, children A child who are is not attending school and who habitually frequent frequents streets and other public places, having no lawful business, employment, or occupation
|
Education; attendance; compulsory age for attendance; increase to age 18. Amends secs. 1561 & 1596 of 1976 PA 451 (MCL 380.1561 & 380.1596)
|
Environmental protection; hazardous waste; aboveground gasoline and diesel storage tanks; require remediation and removal of within 3 years of dormancy. Amends sec. 5c of 1941 PA 207 (MCL 29.5c)
|
Environment. A bill to amend, entitled Fire prevention code, by amending section 5c c), as amended by. Sec. 5c. (1) A person shall not establish or maintain 1 or more of the following without obtaining a certificate from the department of environmental quality: (a) A flammable compressed gas or liquefied petroleum gas container filling location. (b) An aboveground flammable compressed gas or liquefied petroleum gas storage location that has a tank with a water capacity of more than 2,000 gallons or has 2 or more tanks with an aggregate water capacity of more than 4,000 gallons. (c) An aboveground storage location for a flammable liquid or combustible liquid that has an individual tank storage capacity of more than 1,100 gallons. Crude petroleum collection tanks that receive crude petroleum directly from a wellhead and are certified by the department of environmental quality may be maintained without further inspection by the department of environmental quality, except as the department of environmental quality considers necessary to assure ensure compliance with this act. (2) The department of environmental quality may require that a person obtain approval from the department of environmental quality before the installation of an aboveground storage tank for flammable or combustible liquids that has an individual tank storage capacity of 1,100 gallons or less. However, this requirement does not apply to farm location storage tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes or heating oil for consumptive use on the premises where stored. (3) The owner or operator of an aboveground storage tank for a flammable or combustible liquid that has not been in use for 3 years shall remove the tank
|
Environmental protection; hazardous waste; aboveground gasoline and diesel storage tanks; require remediation and removal of within 3 years of dormancy. Amends sec. 5c of 1941 PA 207 (MCL 29.5c)
|
Property tax; personal property; classification of leased personal property; revise under certain circumstances. Amends sec. 34c of 1893 PA 206 (MCL 211.34c)
|
A bill to amend, entitled The general property tax act, by amending section 34c c), as amended by. Sec. 34c. (1) Not later than the first Monday in March in each year, the assessor shall classify every item of assessable property according to the definitions contained in this section. Following the March board of review, the assessor shall tabulate the total number of items and the valuations as approved by the board of review for each classification and for the totals of real and personal property in the local tax collecting unit. The assessor shall transmit to the county equalization department and to the state tax commission the tabulation of assessed valuations and other statistical information the state tax commission considers necessary to meet the requirements of this act and, o 209.8. (2) The classifications of assessable real property are described as follows: (a) Agricultural real property includes parcels used partially or wholly for agricultural operations, with or without buildings. For taxes levied after December 31, 2002, agricultural real property includes buildings on leased land used for agricultural operations. As used in this subdivision, agricultural operations means the following: (i) Farming in all its branches, including cultivating soil. (ii) Growing and harvesting any agricultural, horticultural, or floricultural commodity. (iii) Dairying. (iv) Raising livestock, bees, fish, fur-bearing animals, or poultry, including operating a game bird hunting preserve licensed under part 417 of the natural resources and environmental protection act, o 324.41712, and also including farming operations that harvest cervidae on site where not less than 60% of the cervidae were born as part of the farming operation. As used in this subparagraph, livestock includes, but is not limited to, cattle, sheep, new world camelids, goats, bison, privately owned cervids, ratites, swine, equine, poultry, aquaculture, and rabbits. Livestock does not include dogs and cats. (v) Raising, breeding, training, leasing, or boarding horses. (vi) Turf and tree farming. (vii) Performing any practices on a farm incident to, or in conjunction with, farming operations. A commercial storage, processing, distribution, marketing, or shipping operation is not part of agricultural operations. (b) Commercial real property includes the following: (i) Platted or unplatted parcels used for commercial purposes, whether wholesale, retail, or service, with or without buildings. (ii) Parcels used by fraternal societies. (iii) Parcels used as golf courses, boat clubs, ski areas, or apartment buildings with more than 4 units. (iv) For taxes levied after December 31, 2002, buildings on leased land used for commercial purposes. (c) Developmental real property includes parcels containing more than 5 acres without buildings, or more than 15 acres with a market value in excess of its value in use. Developmental real property may include farm land or open space land adjacent to a population center, or farm land subject to several competing valuation influences. (d) Industrial real property includes the following: (i) Platted or unplatted parcels used for manufacturing and processing purposes, with or without buildings. (ii) Parcels used for utilities sites for generating plants, pumping stations, switches, substations, compressing stations, warehouses, rights-of-way, flowage land, and storage areas. (iii) Parcels used for removal or processing of gravel, stone, or mineral ores, whether valued by the local assessor or by the state geologist. (iv) For taxes levied after December 31, 2002, buildings on leased land used for industrial purposes. (v) For taxes levied after December 31, 2002, buildings on leased land for utility purposes. (e) Residential real property includes the following: (i) Platted or unplatted parcels, with or without buildings, and condominium apartments located within or outside a village or city, which are used for, or probably will be used for, residential purposes. (ii) Parcels that are used for, or probably will be used for, recreational purposes, such as lake lots and hunting lands, located in an area used predominantly for recreational purposes. (iii) For taxes levied after December 31, 2002, a home, cottage, or cabin on leased land, and a mobile home that would be assessable as real property under section 2a except that the land on which it is located is not assessable because the land is exempt. (f) Timber-cutover real property includes parcels that are stocked with forest products of merchantable type and size, cutover forest land with little or no merchantable products, and marsh lands or other barren land. However, when a typical purchase of this type of land is for residential or recreational uses, the classification shall be changed to residential. (3) The classifications of assessable personal property are described as follows: (a) Agricultural personal property includes any agricultural equipment and produce not exempt by law. (b) Commercial personal property includes the following: (i) All equipment, furniture, and fixtures on commercial parcels, whether owned or leased, and inventories not exempt by law. (ii) All outdoor advertising signs and billboards. (iii) Well drilling rigs and other equipment attached to a transporting vehicle but not designed for operation while the vehicle is moving on the highway. (iv) Unlicensed commercial vehicles or commercial vehicles licensed as special mobile equipment or by temporary permits. (v) Personal property owned by a leasing company and located on commercial real property. (c) Industrial personal property includes the following: (i) All machinery and equipment, furniture and fixtures, and dies on industrial parcels, whether owned or leased, and inventories not exempt by law. (ii) Personal property of mining companies valued by the state geologist. (iii) Personal property owned by a leasing company and located on industrial real property. (d) For taxes levied before January 1, 2003, residential personal property includes a home, cottage, or cabin on leased land, and a mobile home that would be assessable as real property under section 2a except that the land on which it is located is not assessable because the land is exempt. (e) Utility personal property includes the following: (i) Electric transmission and distribution systems, substation equipment, spare parts, gas distribution systems, and water transmission and distribution systems. (ii) Oil wells and allied equipment such as tanks, gathering lines, field pump units, and buildings. (iii) Inventories not exempt by law. (iv) Gas wells with allied equipment and gathering lines. (v) Oil or gas field equipment stored in the open or in warehouses such as drilling rigs, motors, pipes, and parts. (vi) Gas storage equipment. (vii) Transmission lines of gas or oil transporting companies. (4) For taxes levied before January 1, 2003, buildings on leased land of any classification are improvements where the owner of the improvement is not the owner of the land or fee, the value of the land is not assessed to the owner of the building, and the improvement has been assessed as personal property pursuant to section 14(6). (5) If the total usage of a parcel includes more than 1 classification, the assessor shall determine the classification that most significantly influences the total valuation of the parcel. (6) An owner of any assessable property who disputes the classification of that parcel shall notify the assessor and may protest the assigned classification to the March board of review. An owner or assessor may appeal the decision of the March board of review by filing a petition with the state tax commission not later than June 30 in that tax year. The state tax commission shall arbitrate the petition based on the written petition and the written recommendations of the assessor and the state tax commission staff. An appeal may not be taken from the decision of the state tax commission regarding classification complaint petitions and the state tax commissions determination is final and binding for the year of the petition. (7) The department of treasury may appeal the classification of any assessable property to the residential and small claims division of the Michigan tax tribunal not later than December 31 in the tax year for which the classification is appealed. (8) This section shall not be construed to encourage the assessment of property at other than the uniform percentage of true cash value prescribed by this act. (9) The assessor of each city or township in which is located property that is subject to payment in lieu of taxes under subpart of part 21 of the natural resources and environmental protection act, o 324.2154, shall place that property on an assessment roll that is separate from the assessment roll prepared under section 24. For purposes of calculating the debt limitation imposed by section 11 of article VII of the state constitution of 1963, the separate assessment roll for property that is subject to payment in lieu of taxes under subpart 14 of part of the natural resources and environmental protection act, o 324.2154, required by this subsection shall be combined with the assessment roll prepared under section 24. Enacting section 1. This amendatory act is curative in nature and clarifies the original intent of the legislature that the classification of property as industrial personal property, as defined in section 34c of the general property tax act, c, and for purposes of the credits available for industrial personal property under the Michigan business tax act, o 208.1601, is determined regardless of whether such personal property is owned or leased
|
Property tax; personal property; classification of leased personal property; revise under certain circumstances. Amends sec. 34c of 1893 PA 206 (MCL 211.34c)
|
Civil procedure; foreclosure; 1-year moratorium on residential mortgage and land contract foreclosures; make applicable to MSHDA mortgages and land contracts. Amends secs. 48d, 49 & 49i of 1966 PA 346 (MCL 125.1448d et seq.). TIE BAR WITH: HB 403409
|
Financial Services. A bill to amend, entitled State housing development authority act of 1966, by amending sections 48d, 49, and 49i d, 125.1449, and 125.1449i), sections 48d and 49i as added by and section as amended by. Sec. 48d. Whenever a complaint is filed Subject to section 3116 of the revised judicature act of 1961, in an action for the foreclosure or satisfaction of any a mortgage on real estate or land contract held by the authority, the court has power to may order a sale of the premises which that are the subject of the mortgage on real estate or land contract held by the authority, or of that part of the premises which that is sufficient to discharge the amount due on the mortgage on real estate or land contract held by the authority, plus costs. But the circuit judge The court shall not order that the lands subject to the mortgage be sold within 6 months after the filing of the complaint for foreclosure of the mortgage or that the lands which that are the subject of the land contract be sold within 3 months after the filing of the complaint for foreclosure of the land contract. Sec. 49. Every Subject to section 3201(3) of the revised judicature act of 1961, every mortgage of real estate held by the authority which that contains a power of sale, upon default being made in any condition of such the mortgage, may be foreclosed by advertisement, in the cases and in the manner specified as provided in sections 49a to 49v, including the giving of a notice as described in sections 49b and 49c. Sec. 49i. (1) Unless Except as provided in section 3237 of the revised judicature act of 1961, unless the premises described in such the deed shall be of sale are redeemed within the time limited for such applicable period of redemption as provided in section 49j, such the deed shall thereupon become becomes operative, on the expiration of the period of redemption and shall vest vests in the grantee therein named in the deed or his or her heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter after the execution, except as to any parcel or parcels which may that have been redeemed and canceled, as provided in sections 49j to 49u; and 49l. (2) After the period of redemption expires, the record thereof shall thereafter, of the deed of sale is for all purposes be deemed a valid record of the deed of sale without being re-recorded., but no However, a person having any who has a valid subsisting lien upon on the mortgaged premises or any part thereof of the mortgaged premises, created before the lien of such the mortgage took effect, shall not be prejudiced by any such the sale, nor shall and his or her rights or interests be are not in any way affected thereby by the sale. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4034(request no. 0065609) of the 95th Legislature is enacted into law
|
Civil procedure; foreclosure; 1-year moratorium on residential mortgage and land contract foreclosures; make applicable to MSHDA mortgages and land contracts. Amends secs. 48d, 49 & 49i of 1966 PA 346 (MCL 125.1448d et seq.). TIE BAR WITH: HB 403409
|
Civil procedure; foreclosure; 1-year moratorium on residential mortgage and land contract foreclosures; provide for. Amends secs. 3101, 3115, 3201 & 3236 of 1961 PA 236 (MCL 600.3101 et seq.) & adds secs. 3116 & 3237. TIE BAR WITH: HB 403309
|
Financial Services. A bill to amend, entitled Revised judicature act of 1961, by amending sections 3101, 3115, 3201, and 3236 600.3115, 600.3201, and 600.3236), sections 3101 and 3201 as amended by, and by adding sections 3116 and 3237. Sec. 3101. The circuit court has jurisdiction to foreclose mortgages of real estate and land contracts. However, with the exception of section 3116, the procedures set forth in this chapter shall do not apply to mortgages of real estate and land contracts held by the Michigan state housing development authority. Sec. 3115. Whenever a complaint is filed Subject to section 3116, in an action for the foreclosure or satisfaction of any a mortgage on real estate or land contract, the court has power to may order a sale of the premises which that are the subject of the mortgage on real estate or land contract, or of that part of the premises which that is sufficient to discharge the amount due on the mortgage on real estate or land contract plus costs. But the circuit judge The court shall not order that the lands subject to the mortgage be sold within 6 months after the filing of the complaint for foreclosure of the mortgage or that the lands which that are the subject of the land contract be sold within 3 months after the filing of the complaint for foreclosure of the land contract. Sec. 3116. (1) In an action to foreclose a mortgage of or land contract for the sale of residential property in which a judgment of foreclosure has not been entered by the effective date of the amendatory act that added this section, the court, on motion of a defendant, shall order the action stayed until 1 year after the effective date of the amendatory act that added this section. (2) In an action to foreclose a mortgage of or land contract for the sale of residential property in which a judgment of foreclosure has been entered but the period of redemption has not expired by the effective date of the amendatory act that added this section, the court, on motion of a defendant, shall do 1 of the following: (a) If the property has not been sold under the judgment, amend the judgment to include a stay of the sale until 1 year after the effective date of the amendatory act that added this section. (b) If the property has been sold under the judgment, include in the order confirming the report of sale or, if the order confirming the report of sale has been entered, amend the order to include a provision extending the period of redemption until 1 year after the effective date of the amendatory act that added this section. The register of deeds shall endorse, record, and index an order amending an order confirming the report of sale under this subdivision in the manner provided for deeds of sale under section 3130 or, if the mortgage or land contract is held by the Michigan state housing development authority, under section 48g of the state housing development authority act of 1966, g, and note the existence of the order amending the order confirming the report of sale on the record of the deed of sale. (3) The court may include in an order entered under subsection (1) or a judgment or order entered under subsection (2) any of the following provisions relating to the property during the stay or extension: (a) Possession of the property. In making an order under this subdivision, the court shall give preference to the owner in possession. (b) A fair amount to be paid as rental by the person in possession. (c) The application of money received from rent under subdivision (b) or any other income or profits of the property. The court may order that payment and distribution of money be made through the clerk of the court or another person. (d) Preservation of the property, including payment of taxes and maintenance of insurance. (4) The court may set aside or modify an order or judgment entered under subsection (1) or (2) if a defendant substantially violates a provision ordered under subsection (3) or for any other reason that the court determines in its discretion to justify the change. If an order or judgment entered under subsection (1) or (2) is set aside, the rights of a person interested in the property that were affected by the order or judgment revest in the person effective the date the order or judgment is set aside as if the order or judgment had not been entered. Sec. 3201. (1) Every Subject to subsection (3), every mortgage of real estate, which that contains a power of sale, upon default being made in any condition of such the mortgage, may be foreclosed by advertisement, in the cases and in the manner specified as provided in this chapter. However, the procedures set forth in this (2) With the exception of subsection (3) and section 3237, this chapter shall does not apply to mortgages of real estate held by the Michigan state housing development authority. (3) Before 1 year after the effective date of the amendatory act that added this subsection, if a mortgage of residential property is being foreclosed by advertisement, the owner of the mortgaged property or a person liable under the mortgage or mortgage note may file an action in the circuit court for the county where the property is located to enjoin foreclosure of the mortgage by advertisement. The court in an action filed under this subsection shall enjoin foreclosure of the mortgage by advertisement and order the foreclosure to proceed under chapter 31 or, if the mortgage is held by the Michigan state housing development authority, under sections 48a to 48p of the state housing development authority act of 1966, a to 125.1448p. Sec. 3236. (1) Unless Except as provided in section 3237, unless the premises described in such the deed shall be of sale are redeemed within the time limited for such applicable period of redemption as hereinafter provided, such in this chapter, the deed shall thereupon become becomes operative, on the expiration of the period of redemption and shall vest vests in the grantee therein named, his in the deed or the grantees heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter after the execution, except as to any parcel or parcels which may that have been redeemed and canceled, as hereinafter provided; and the in this chapter. (2) After the period of redemption expires, the record thereof shall thereafter, of the deed of sale is for all purposes be deemed a valid record of said the deed of sale without being re-recorded., but no However, a person having any who has a valid subsisting lien upon on the mortgaged premises, or any part thereof of the mortgaged premises, created before the lien of such the mortgage took effect, shall not be prejudiced by any such the sale, nor shall his and the persons rights or interests be are not in any way affected thereby by the sale. Sec. 3237. (1) If the applicable period of redemption provided under this chapter for a mortgage of residential property that is being foreclosed by advertisement has not expired by 1 year after the effective date of the amendatory act that added this section, a person described in subsection (2) may file a complaint in the circuit court for the county in which the property is located requesting the relief described in subsection (3). (2) One or more of the following may file an action under this section: (a) The mortgagor. (b) The owner of the mortgaged property. (c) A person who is liable on the mortgage or note. (3) The court in an action under this section shall enter an order enjoining until 1 year after the effective date of the amendatory act that added this section the issuance of a writ of restitution or other order to give a purchaser under a deed of sale possession of the mortgaged property. The court may include in the order a provision listed in section 3116(3). (4) The register of deeds shall endorse, record, and index an order under subsection (3) in the manner provided for deeds of sale under section 3232 or, if the mortgage is held by the Michigan state housing development authority, under section 49h of the state housing development authority act of 1966, h, and note the existence of the order on the record of the deed of sale. (5) The court may set aside or modify an order entered under subsection (3) if a defendant substantially violates a provision listed in section 3116(3) that is included in the order or for any other reason that the court determines in its discretion to justify the change. If an order entered under subsection (3) is set aside, the rights of a person interested in the property that were affected by the order revest in the person effective the date the order is set aside as if the order had not been entered. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4033(request no. 0065609 a) of the 95th Legislature is enacted into law
|
Civil procedure; foreclosure; 1-year moratorium on residential mortgage and land contract foreclosures; provide for. Amends secs. 3101, 3115, 3201 & 3236 of 1961 PA 236 (MCL 600.3101 et seq.) & adds secs. 3116 & 3237. TIE BAR WITH: HB 403309
|
Property tax; exemptions; poverty exemption; revise. Amends sec. 7u of 1893 PA 206 (MCL 211.7u)
|
A bill to amend, entitled The general property tax act, by amending section 7u u), as amended by. Sec. 7u. (1) The principal residence of persons a qualified taxpayer who, in the judgment of the supervisor and board of review, by reason of poverty, are is unable to contribute toward the public charges is eligible for exemption in whole or in part from taxation the collection of taxes under this act as provided in this section. Factors used to determine eligibility for an exemption under this section shall include, but are not limited to, the specific income and asset levels of the person claiming an exemption under this section and total household income and assets, as set forth in this section. This section does not apply to the property of a corporation. (2) To be eligible for exemption under this section, a person shall do all of the following on an annual basis: (a) Be an owner of and occupy as a principal residence the property for which an exemption is requested. (b) File a claim with the supervisor or board of review on a form provided by the local assessing unit, accompanied by federal and state income tax returns for all persons residing in the principal residence, including any property tax credit returns, filed in the immediately preceding year or in the current year. The filing of a claim under this subsection constitutes an appearance before the board of review for the purpose of preserving the claimants right to appeal the decision of the board of review regarding the claim. (c) Produce a valid drivers license or other form of identification if requested by the supervisor or board of review. (d) Produce a deed, land contract, or other evidence of ownership of the property for which an exemption is requested if required by the supervisor or board of review. (e) Meet the federal poverty guidelines updated annually in the federal register by the United States department of health and human services under authority of section 673 of subtitle B of title VI of the omnibus budget reconciliation act of 1981, Public Law 97-35, 42 U. S. C. 9902, or alternative guidelines adopted by the governing body of the local assessing unit provided the alternative guidelines do not provide income eligibility requirements less than the federal guidelines. (2) The application and renewal affidavit for an exemption under this section shall be in a form prescribed by the department of treasury. The department of treasury shall design the application and renewal affidavit to ensure uniformity, clarity, simplicity, and ease of use by applicants. (3) The application for an exemption under this section shall be filed after January 1 but before the day prior to the last day of the any board of review held under this act. If a qualified taxpayer is granted an exemption under this section for a tax year, that qualified taxpayer may submit a renewal affidavit to claim an exemption in the immediately succeeding tax year. (4) The governing body of the local assessing unit shall determine and make available to the public the policy and guidelines the local assessing unit uses for the granting of exemptions under this section. The guidelines shall include but not be limited to the specific income and asset levels of the claimant and total household income and assets. If a qualified taxpayer is eligible for an exemption under this section, the board of review and supervisor shall grant the exemption for the tax year in which the application is filed and may grant the exemption for the 2 immediately preceding tax years if the qualified taxpayer would have been eligible for an exemption under this section if the qualified taxpayer had claimed an exemption under this section. If a person claiming an exemption under this section is not eligible for an exemption under this section, the board of review may grant the exemption for the 2 immediately preceding tax years if the person claiming the exemption would have been eligible for an exemption under this section if the person had claimed an exemption under this section. If the board of review and supervisor grant the exemption for the 2 immediately preceding tax years, any exempted and unpaid taxes, interest, penalties, and fees for the 2 immediately preceding tax years for which the exemption is granted shall be extinguished. Any taxes paid in the 2 immediately preceding tax years shall be refunded to the taxpayer by the local tax collecting unit if the local tax collecting unit has possession of the tax roll or by the county treasurer if the county has possession of the tax roll within 30 days of the date the exemption is granted. The refund shall be without interest. The board of review shall report the exemption and the refund to the department of treasury in a form prescribed by the department of treasury. (5) The board of review shall follow the policy and guidelines of the local assessing unit in granting or denying an exemption under this section unless the board of review determines there are substantial and compelling reasons why there should be a deviation from the policy and guidelines and the substantial and compelling reasons are communicated in writing to the claimant. If the person claiming the exemption under this section meets the applicable household income requirement set forth in subsection (9)(b)(v) and satisfies the asset level established under subsection (9)(b)(vi), if any, the board of review and supervisor shall exempt a percentage of the taxable value of that persons principal residence as determined by the board of review and supervisor. (6) A person who files a claim under this section is not prohibited from also appealing the assessment on the property for which that claim is made before the board of review in the same year. The governing body of the local tax collecting unit shall make available to the public the eligibility requirements for the exemption under this section and application forms and renewal affidavits. If a qualified taxpayer is granted an exemption under this section for a tax year, the local tax collecting unit shall mail a renewal affidavit to that qualified taxpayer in the immediately succeeding tax year. The local tax collecting unit shall publish notice of the availability of, and the eligibility requirements for, the exemption under this section in a newspaper of general circulation within the local tax collecting unit. (7) As used in this section, principal residence means principal residence or qualified agricultural property as those terms are defined in section 7dd. The board of review and supervisor may deny an exemption under this section for 1 or more of the following reasons: (a) The board of review and supervisor determine that the person claiming the exemption is not a qualified taxpayer. (b) The board of review and supervisor determine that the claim for exemption is based on fraud. If the board of review and supervisor determine that the claim for exemption is based on fraud, the person claiming the exemption is subject to the penalties set forth in section 27 of, (c) The board of review and supervisor determine that the qualified taxpayer claiming the exemption under this section has no interest in the property for which an exemption is claimed and the claim for exemption is an attempt to avoid the collection of taxes under this act. (d) The board of review and supervisor determine that a person who does not occupy the property holds an ownership interest in the property and that person does not satisfy the applicable household income requirement set forth in subsection (9)(b)(v) or does not satisfy the asset level established under subsection (9)(b)(vi), if any, unless the person claiming the exemption can demonstrate to the satisfaction of the board of review and supervisor that he or she does not receive any support from that person. (e) The board of review and supervisor determine that there are substantial and compelling reasons why there should be a deviation from the applicable household income requirement set forth in subsection (9)(b)(v) or the asset level established under subsection (9)(b)(vi), if any, and the substantial and compelling reasons are communicated in writing to the person claiming an exemption under this section. The substantial and compelling reasons for the denial of an exemption under this subdivision shall be specific to the person whose application for exemption is denied and shall not be systematically used to deny otherwise eligible applicants. (f) The state equalized valuation of the principal residence for which an exemption is claimed under this section is substantially greater than the average state equalized valuation of a principal residence in the local tax collecting unit. (8) Filing an application for exemption or a renewal affidavit under this subsection is an appearance before the board of review and preserves the applicants right to appeal the decision of the board of review regarding the claim for exemption. A qualified taxpayer who files an application for exemption or a renewal affidavit under this section may also appeal the assessment on the property for which the exemption is claimed before the board of review in the same tax year. (9) As used in this section: (a) Principal residence means principal residence or qualified agricultural property as those terms are defined in section 7dd. (b) Qualified taxpayer means a person who meets all of the following requirements: (i) Owns and occupies as a principal residence the property for which an exemption is claimed. (ii) Files an application for exemption with the supervisor or board of review, accompanied by federal and state income tax returns for all persons residing in the principal residence, including any property tax credit returns, filed in the immediately preceding tax year or in the current tax year. (iii) Produces a valid driver license, state personal identification card, or other form of identification, if requested by the supervisor or board of review. (iv) Produces a deed, land contract, or other evidence of ownership of the property for which an exemption is requested, if requested by the supervisor or board of review. (v) Has household income that meets 1 of the following requirements: (A) Is equal to or less than the federal poverty guidelines published annually in the federal register by the United States department of health and human services under its authority to revise the poverty line under 42 USC 9902. (B) Is equal to or less than alternative income guidelines adopted by the governing body of the local tax collecting unit. Alternative income guidelines shall not provide an income eligibility requirement that is less than the income eligibility requirement set forth in sub-subparagraph (A). (vi) A local tax collecting unit may establish an asset level as a criterion for exemption under this section. If the local tax collecting unit has established an asset level as a criterion for exemption under this section, the asset level of the person claiming an exemption under this section does not exceed that asset level. A local tax collecting unit shall not consider any of the following in calculating the asset level of a person claiming an exemption under this section: (A) The state equalized valuation of the principal residence of the person claiming an exemption under this section. (B) Any individual item of tangible personal property with a value of less than $5,000.00, excluding cash, stocks, bonds, and similar items of value. (C) Cash, stocks, bonds, and similar items of value with an aggregate value of less than $5,000.00. (D) An account established under the individual or family development account program act, o 206.711. (E) An account established under the Michigan education savings program act, o 390.1486, or any other qualified tuition program approved under section 529 of the internal revenue code. (F) One automobile per household. (c) Household income means that term as defined in section of the income tax act of 1967
|
Property tax; exemptions; poverty exemption; revise. Amends sec. 7u of 1893 PA 206 (MCL 211.7u)
|
Income tax; exemptions; caring for senior citizen in home; provide for additional exemption. Amends sec. 30 of 1967 PA 281 (MCL 206.30)
|
A bill to amend, entitled Income tax act of 1967, by amending Sec. 30. (1) Taxable income means, for a person other than a corporation, estate, or trust, adjusted gross income as defined in the internal revenue code subject to the following adjustments under this section: (a) Add gross interest income and dividends derived from obligations or securities of states other than Michigan, in the same amount that has been excluded from adjusted gross income less related expenses not deducted in computing adjusted gross income because of section 265(a)(1) of the internal revenue code. (b) Add taxes on or measured by income to the extent the taxes have been deducted in arriving at adjusted gross income. (c) Add losses on the sale or exchange of obligations of the United States government, the income of which this state is prohibited from subjecting to a net income tax, to the extent that the loss has been deducted in arriving at adjusted gross income. (d) Deduct, to the extent included in adjusted gross income, income derived from obligations, or the sale or exchange of obligations, of the United States government that this state is prohibited by law from subjecting to a net income tax, reduced by any interest on indebtedness incurred in carrying the obligations and by any expenses incurred in the production of that income to the extent that the expenses, including amortizable bond premiums, were deducted in arriving at adjusted gross income. (e) Deduct, to the extent included in adjusted gross income, compensation, including retirement benefits, received for services in the armed forces of the United States. (f) Deduct the following to the extent included in adjusted gross income: (i) Retirement or pension benefits received from a federal public retirement system or from a public retirement system of or created by this state or a political subdivision of this state. (ii) Retirement or pension benefits received from a public retirement system of or created by another state or any of its political subdivisions if the income tax laws of the other state permit a similar deduction or exemption or a reciprocal deduction or exemption of a retirement or pension benefit received from a public retirement system of or created by this state or any of the political subdivisions of this state. (iii) Social security benefits as defined in section 86 of the internal revenue code. (iv) Beginning on and after January 1, 2007, retirement or pension benefits not deductible under subparagraph (i) or subdivision (e) from any other retirement or pension system or benefits from a retirement annuity policy in which payments are made for life to a senior citizen, to a maximum of $42,240.00 for a single return and $84,480.00 for a joint return. The maximum amounts allowed under this subparagraph shall be reduced by the amount of the deduction for retirement or pension benefits claimed under subparagraph (i) or subdivision (e) and by the amount of a deduction claimed under subdivision (r). For the 2008 tax year and each tax year after 2008, the maximum amounts allowed under this subparagraph shall be adjusted by the percentage increase in the United States consumer price index for the immediately preceding calendar year. The department shall annualize the amounts provided in this subparagraph as necessary. As used in this subparagraph, senior citizen means that term as defined in section 514. (v) The amount determined to be the section 22 amount eligible for the elderly and the permanently and totally disabled credit provided in section 22 of the internal revenue code. (g) Adjustments resulting from the application of section 271. (h) Adjustments with respect to estate and trust income as provided in section 36. (i) Adjustments resulting from the allocation and apportionment provisions of chapter 3. (j) Deduct political contributions as described in section 4 of the Michigan campaign finance act, or USC 431, not in excess of $50.00 per annum, or $100.00 per annum for a joint return. (k) Deduct, to the extent included in adjusted gross income, wages not deductible under section 280C of the internal revenue code. (l) Deduct the following payments made by the taxpayer in the tax year: (i) The amount of payment made under an advance tuition payment contract as provided in the Michigan education trust act, o 390.1442. (ii) The amount of payment made under a contract with a private sector investment manager that meets all of the following criteria: (A) The contract is certified and approved by the board of directors of the Michigan education trust to provide equivalent benefits and rights to purchasers and beneficiaries as an advance tuition payment contract as described in subparagraph (i). (B) The contract applies only for a state institution of higher education as defined in the Michigan education trust act, o 390.1442, or a community or junior college in Michigan. (C) The contract provides for enrollment by the contracts qualified beneficiary in not less than 4 years after the date on which the contract is entered into. (D) The contract is entered into after either of the following: (I) The purchaser has had his or her offer to enter into an advance tuition payment contract rejected by the board of directors of the Michigan education trust, if the board determines that the trust cannot accept an unlimited number of enrollees upon an actuarially sound basis. (II) The board of directors of the Michigan education trust determines that the trust can accept an unlimited number of enrollees upon an actuarially sound basis. (m) If an advance tuition payment contract under the Michigan education trust act, o 390.1442, or another contract for which the payment was deductible under subdivision (l) is terminated and the qualified beneficiary under that contract does not attend a university, college, junior or community college, or other institution of higher education, add the amount of a refund received by the taxpayer as a result of that termination or the amount of the deduction taken under subdivision (l) for payment made under that contract, whichever is less. (n) Deduct from the taxable income of a purchaser the amount included as income to the purchaser under the internal revenue code after the advance tuition payment contract entered into under the Michigan education trust act, o 390.1442, is terminated because the qualified beneficiary attends an institution of postsecondary education other than either a state institution of higher education or an institution of postsecondary education located outside this state with which a state institution of higher education has reciprocity. (o) Add, to the extent deducted in determining adjusted gross income, the net operating loss deduction under section 172 of the internal revenue code. (p) Deduct a net operating loss deduction for the taxable year as determined under section 172 of the internal revenue code subject to the modifications under section 172(b)(2) of the internal revenue code and subject to the allocation and apportionment provisions of chapter 3 of this act for the taxable year in which the loss was incurred. (q) Deduct, to the extent included in adjusted gross income, benefits from a discriminatory self-insurance medical expense reimbursement plan. (r) Beginning on and after January 1, 2007, a taxpayer who is a senior citizen may deduct to the extent included in adjusted gross income, interest, dividends, and capital gains received in the tax year not to exceed $9,420.00 for a single return and $18,840.00 for a joint return. The maximum amounts allowed under this subdivision shall be reduced by the amount of a deduction claimed for retirement benefits under subdivision (e) or a deduction claimed under subdivision (f)(i), (ii), (iv), or (v). For the 2008 tax year and each tax year after 2008, the maximum amounts allowed under this subdivision shall be adjusted by the percentage increase in the United States consumer price index for the immediately preceding calendar year. The department shall annualize the amounts provided in this subdivision as necessary. As used in this subdivision, senior citizen means that term as defined in section 514. (s) Deduct, to the extent included in adjusted gross income, all of the following: (i) The amount of a refund received in the tax year based on taxes paid under this act. (ii) The amount of a refund received in the tax year based on taxes paid under the city income tax act, o 141.787. (iii) The amount of a credit received in the tax year based on a claim filed under sections 520 and 522 to the extent that the taxes used to calculate the credit were not used to reduce adjusted gross income for a prior year. (t) Add the amount paid by the state on behalf of the taxpayer in the tax year to repay the outstanding principal on a loan taken on which the taxpayer defaulted that was to fund an advance tuition payment contract entered into under the Michigan education trust act, o 390.1442, if the cost of the advance tuition payment contract was deducted under subdivision (l) and was financed with a Michigan education trust secured loan. (u) Deduct the amount calculated under section 30d. (v) Deduct, to the extent included in adjusted gross income, any amount, and any interest earned on that amount, received in the tax year by a taxpayer who is a Holocaust victim as a result of a settlement of claims against any entity or individual for any recovered asset pursuant to the German act regulating unresolved property claims, also known as Gesetz zur Regelung offener Vermogensfragen, as a result of the settlement of the action entitled In re: Holocaust victim assets litigation, CV-96-4849, CV- 96-5161, and CV-97-0461 (E. D. NY), or as a result of any similar action if the income and interest are not commingled in any way with and are kept separate from all other funds and assets of the taxpayer. As used in this subdivision: (i) Holocaust victim means a person, or the heir or beneficiary of that person, who was persecuted by Nazi Germany or any Axis regime during any period from 1933 to 1945. (ii) Recovered asset means any asset of any type and any interest earned on that asset including, but not limited to, bank deposits, insurance proceeds, or artwork owned by a Holocaust victim during the period from 1920 to 1945, withheld from that Holocaust victim from and after 1945, and not recovered, returned, or otherwise compensated to the Holocaust victim until after 1993. (w) Deduct, to the extent not deducted in determining adjusted gross income, both of the following: (i) Contributions made by the taxpayer in the tax year less qualified withdrawals made in the tax year from education savings accounts, calculated on a per education savings account basis, pursuant to the Michigan education savings program act, o 390.1486, not to exceed a total deduction of $5,000.00 for a single return or $10,000.00 for a joint return per tax year. The amount calculated under this subparagraph for each education savings account shall not be less than zero. (ii) The amount under section 30f. (x) Add, to the extent not included in adjusted gross income, the amount of money withdrawn by the taxpayer in the tax year from education savings accounts, not to exceed the total amount deducted under subdivision (w) in the tax year and all previous tax years, if the withdrawal was not a qualified withdrawal as provided in the Michigan education savings program act, o 390.1486. This subdivision does not apply to withdrawals that are less than the sum of all contributions made to an education savings account in all previous tax years for which no deduction was claimed under subdivision (w), less any contributions for which no deduction was claimed under subdivision (w) that were withdrawn in all previous tax years. (y) Deduct, to the extent included in adjusted gross income, the amount of a distribution from individual retirement accounts that qualify under section 408 of the internal revenue code if the distribution is used to pay qualified higher education expenses as that term is defined in the Michigan education savings program act, o 390.1486. (z) Deduct, to the extent included in adjusted gross income, an amount equal to the qualified charitable distribution made in the tax year by a taxpayer to a charitable organization. The amount allowed under this subdivision shall be equal to the amount deductible by the taxpayer under section 170(c) of the internal revenue code with respect to the qualified charitable distribution in the tax year in which the taxpayer makes the distribution to the qualified charitable organization, reduced by both the amount of the deduction for retirement or pension benefits claimed by the taxpayer under subdivision (f)(i), (ii), (iv), or (v) and by 2 times the total amount of credits claimed under sections 260 and 261 for the tax year. As used in this subdivision, qualified charitable distribution means a distribution of assets to a qualified charitable organization by a taxpayer not more than 60 days after the date on which the taxpayer received the assets as a distribution from a retirement or pension plan described in subsection (8)(a) (9)(a). A distribution is to a qualified charitable organization if the distribution is made in any of the following circumstances: (i) To an organization described in section 501(c)(3) of the internal revenue code except an organization that is controlled by a political party, an elected official or a candidate for an elective office. (ii) To a charitable remainder annuity trust or a charitable remainder unitrust as defined in section 664(d) of the internal revenue code; to a pooled income fund as defined in section 642(c)(5) of the internal revenue code; or for the issuance of a charitable gift annuity as defined in section 501(m)(5) of the internal revenue code. A trust, fund, or annuity described in this subparagraph is a qualified charitable organization only if no person holds any interest in the trust, fund, or annuity other than or more of the following: (A) The taxpayer who received the distribution from the retirement or pension plan. (B) The spouse of an individual described in sub-subparagraph (A). (C) An organization described in section 501(c)(3) of the internal revenue code. (aa) A taxpayer who is a resident tribal member may deduct, to the extent included in adjusted gross income, all nonbusiness income earned or received in the tax year and during the period in which an agreement entered into between the taxpayers tribe and this state pursuant to section 30c of, c, is in full force and effect. As used in this subdivision: (i) Business income means business income as defined in section and apportioned under chapter 3. (ii) Nonbusiness income means nonbusiness income as defined in section 14 and, to the extent not included in business income, all of the following: (A) All income derived from wages whether the wages are earned within the agreement area or outside of the agreement area. (B) All interest and passive dividends. (C) All rents and royalties derived from real property located within the agreement area. (D) All rents and royalties derived from tangible personal property, to the extent the personal property is utilized within the agreement area. (E) Capital gains from the sale or exchange of real property located within the agreement area. (F) Capital gains from the sale or exchange of tangible personal property located within the agreement area at the time of sale. (G) Capital gains from the sale or exchange of intangible personal property. (H) All pension income and benefits including, but not limited to, distributions from a 401(k) plan, individual retirement accounts under section 408 of the internal revenue code, or a defined contribution plan, or payments from a defined benefit plan. (I) All per capita payments by the tribe to resident tribal members, without regard to the source of payment. (J) All gaming winnings. (iii) Resident tribal member means an individual who meets all of the following criteria: (A) Is an enrolled member of a federally recognized tribe. (B) The individuals tribe has an agreement with this state pursuant to section 30c of, c, that is in full force and effect. (C) The individuals principal place of residence is located within the agreement area as designated in the agreement under sub- subparagraph (B). (bb) For tax years that begin after December 31, 2006, deduct, to the extent included in adjusted gross income, all or a portion of the gain, as determined under this section, realized from an initial equity investment of not less than $100,000.00 made by the taxpayer before December 31, 2009, in a qualified business, if an amount equal to the sum of the taxpayers basis in the investment as determined under the internal revenue code plus the gain, or a portion of that amount, is reinvested in an equity investment in a qualified business within 1 year after the sale or disposition of the investment in the qualified business. If the amount of the subsequent investment is less than the sum of the taxpayers basis from the prior equity investment plus the gain from the prior equity investment, the amount of a deduction under this section shall be reduced by the difference between the sum of the taxpayers basis from the prior equity investment plus the gain from the prior equity investment and the subsequent investment. As used in this subdivision: (i) Advanced automotive, manufacturing, and materials technology means any technology that involves 1 or more of the following: (A) Materials with engineered properties created through the development of specialized process and synthesis technology. (B) Nanotechnology, including materials, devices, or systems at the atomic, molecular, or macromolecular level, with a scale measured in nanometers. (C) Microelectromechanical systems, including devices or systems integrating microelectronics with mechanical parts and a scale measured in micrometers. (D) Improvements to vehicle safety, vehicle performance, vehicle production, or environmental impact, including, but not limited to, vehicle equipment and component parts. (E) Any technology that involves an alternative energy vehicle or its components. Alternative energy vehicle means that term as defined in section 2 of the Michigan next energy authority act, (F) A new technology, device, or system that enhances or improves the manufacturing process of wood, timber, or agricultural-based products. (G) Advanced computing or electronic device technology related to technology described under this subparagraph. (H) Design, engineering, testing, or diagnostics related to technology described under this subparagraph. (I) Product research and development related to technology described under this subparagraph. (ii) Advanced computing means any technology used in the design and development of 1 or more of the following: (A) Computer hardware and software. (B) Data communications. (C) Information technologies. (iii) Alternative energy technology means applied research or commercialization of new or next generation technology in 1 or more of the following: (A) Alternative energy technology as that term is defined in section of the Michigan next energy authority act, (B) Devices or systems designed and used solely for the purpose of generating energy from agricultural crops, residue and waste generated from the production and processing of agricultural products, animal wastes, or food processing wastes, not including a conventional gasoline or diesel fuel engine or a retrofitted conventional gasoline or diesel fuel engine. (C) A new technology, product, or system that permits the utilization of biomass for the production of specialty, commodity, or foundational chemicals or of novel or economical commodity materials through the application of biotechnology that minimizes, complements, or replaces reliance on petroleum for the production. (D) Advanced computing or electronic device technology related to technology described under this subparagraph. (E) Design, engineering, testing, or diagnostics related to technology described under this subparagraph. (F) Product research and development related to a technology described under this subparagraph. (iv) Competitive edge technology means 1 or more of the following: (A) Advanced automotive, manufacturing, and materials technology. (B) Alternative energy technology. (C) Homeland security and defense technology. (D) Life sciences technology. (v) Electronic device technology means any technology that involves microelectronics, semiconductors, electronic equipment, and instrumentation, radio frequency, microwave, and millimeter electronics; optical and optic-electrical devices; or data and digital communications and imaging devices. (vi) Homeland security and defense technology means technology that assists in the assessment of threats or damage to the general population and critical infrastructure, protection of, defense against, or mitigation of the effects of foreign or domestic threats, disasters, or attacks, or support for crisis or response management, including, but not limited to, 1 or more of the following: (A) Sensors, systems, processes, or equipment for communications, identification and authentication, screening, surveillance, tracking, and data analysis. (B) Advanced computing or electronic device technology related to technology described under this subparagraph. (C) Aviation technology including, but not limited to, avionics, airframe design, sensors, early warning systems, and services related to the technology described in this subparagraph. (D) Design, engineering, testing, or diagnostics related to technology described under this subparagraph. (E) Product research and development related to technology described under this subparagraph. (vii) Life sciences technology means any technology derived from life sciences intended to improve human health or the overall quality of human life, including, but not limited to, systems, processes, or equipment for drug or gene therapies, biosensors, testing, medical devices or instrumentation with a therapeutic or diagnostic value, a pharmaceutical or other product that requires United States food and drug administration approval or registration prior to its introduction in the marketplace and is a drug or medical device as defined by the federal food, drug, and cosmetic act, USC 301 to 399, or 1 or more of the following: (A) Advanced computing or electronic device technology related to technology described under this subparagraph. (B) Design, engineering, testing, or diagnostics related to technology or the commercial manufacturing of technology described under this subparagraph. (C) Product research and development related to technology described under this subparagraph. (viii) Life sciences means science for the examination or understanding of life or life processes, including, but not limited to, all of the following: (A) Bioengineering. (B) Biomedical engineering. (C) Genomics. (D) Proteomics. (E) Molecular and chemical ecology. (F) Biotechnology, including any technology that uses living organisms, cells, macromolecules, microorganisms, or substances from living organisms to make or modify a product for useful purposes. Biotechnology or life sciences do not include any of the following: (I) Activities prohibited under section 2685 of the public health code, (II) Activities prohibited under section 2688 of the public health code, (III) Activities prohibited under section 2690 of the public health code, (IV) Activities prohibited under section 16274 of the public health code, (V) Stem cell research with human embryonic tissue. (ix) Qualified business means a business that complies with all of the following: (A) The business is a seed or early stage business as defined in section 3 of the Michigan early stage venture investment act of 2003, (B) The business has its headquarters in this state, is domiciled in this state, or has a majority of its employees working a majority of their time in this state. (C) The business has a preinvestment valuation of less than $10,000,000.00. (D) The business has been in existence less than 5 years. This sub-subparagraph does not apply to a business, the business activity of which is derived from research at an institution of higher education located within this state or an organization exempt from federal taxation under section 501c(3) of the internal revenue code and that is located within this state. (E) The business is engaged only in competitive edge technology. (F) The business is certified by the Michigan strategic fund as meeting the requirements of sub-subparagraphs (A) to (E) at the time of each proposed investment. (2) Except as otherwise provided in subsection (7) (8), a personal exemption of $2,500.00 multiplied by the number of personal or dependency exemptions allowable on the taxpayers federal income tax return pursuant to the internal revenue code shall be subtracted in the calculation that determines taxable income. (3) Except as otherwise provided in subsection (7) (8), a single additional exemption determined as follows shall be subtracted in the calculation that determines taxable income in each of the following circumstances: (a) $1,800.00 for each taxpayer and every dependent of the taxpayer who is 65 years of age or older. When a dependent of a taxpayer files an annual return under this act, the taxpayer or dependent of the taxpayer, but not both, may claim the additional exemption allowed under this subdivision. As used in this subdivision and subdivision (c), dependent means that term as defined in section 30e. (b) $1,800.00 for each taxpayer and every dependent of the taxpayer who is a deaf person as defined in section 2 of the deaf persons interpreters act, a paraplegic, a quadriplegic, or a hemiplegic; a person who is blind as defined in section 504; or a person who is totally and permanently disabled as defined in section 522. When a dependent of a taxpayer files an annual return under this act, the taxpayer or dependent of the taxpayer, but not both, may claim the additional exemption allowed under this subdivision. (c) $1,800.00 if the taxpayers return includes unemployment compensation that amounts to 50% or more of adjusted gross income. (d) For tax years beginning after 2007, $250.00 for each taxpayer and every dependent of the taxpayer who is a qualified disabled veteran. When a dependent of a taxpayer files an annual return under this act, the taxpayer or dependent of the taxpayer, but not both, may claim the additional exemption allowed under this subdivision. As used in this subdivision: (i) Qualified disabled veteran means a veteran with a service-connected disability. (ii) Service-connected disability means a disability incurred or aggravated in the line of duty in the active military, naval, or air service as described in 38 USC 101(16). (iii) Veteran means a person who served in the active military, naval, marine, coast guard, or air service and who was discharged or released from his or her service with an honorable or general discharge. (4) An individual with respect to whom a deduction under section of the internal revenue code is allowable to another federal taxpayer during the tax year is not considered to have an allowable federal exemption for purposes of subsection (2), but may subtract $1,500.00 in the calculation that determines taxable income for a tax year. (5) For tax years that begin after December 31, 2009, a taxpayer who, during the tax year, provides primary care for his or her eligible parent or grandparent may claim 1 additional exemption of $1,800.00 if the primary care is preventing the institutionalization of the eligible parent or grandparent. To claim the additional exemption allowed under this subsection, the taxpayer shall attach an affidavit to his or her annual return on which the additional exemption is claimed that states the name, age, address, and social security number of the eligible parent or grandparent; the relationship to the taxpayer; the specific types of primary care that are provided; and the approximate cost of that care. Only 1 additional exemption under this subsection is allowed for any eligible parent or grandparent for any tax year. As used in this subsection: (a) Eligible parent or grandparent means a parent or grandparent of the taxpayer who meets the following criteria: (i) He or she lives in his or her own home. (ii) He or she is a senior citizen. (iii) He or she is eligible for nursing home care paid for by medicaid. (b) Grandparent means the taxpayers grandparent or stepgrandparent. (c) Parent means the taxpayers mother, father, stepmother, or stepfather. (d) Primary care means activities of daily living provided on a daily basis by the taxpayer himself or herself or by a child who is a dependent of the taxpayer as follows: (i) Personal care including bathing, dressing, and hair and nail care. (ii) Meal planning and preparation. (iii) Grocery shopping and delivery and other errands. (iv) Accompanying to medical, dental, and other health related appointments. (v) Housework, changing bed linens, laundry, and mending. (vi) Medication reminders and administration. (vii) Companionship, reading, hobbies, and social activities. (viii) Yard work. (ix) Pet care and exercise and veterinary appointments. (x) Help with bill paying and other financial matters. (e) Senior citizen means that term as defined in section 514. (6) (5) A nonresident or a part-year resident is allowed that proportion of an exemption or deduction allowed under subsection (2), (3), or (4), or (5) that the taxpayers portion of adjusted gross income from Michigan sources bears to the taxpayers total adjusted gross income. (7) (6) In calculating taxable income, a taxpayer shall not subtract from adjusted gross income the amount of prizes won by the taxpayer under the McCauley-Traxler-Law-Bowman-McNeely lottery act, o 432.47. (8) (7) For each tax year, the personal exemption allowed under subsection (2) shall be adjusted by multiplying the exemption for the tax year beginning in 1997 by a fraction, the numerator of which is the United States consumer price index for the state fiscal year ending in the tax year prior to the tax year for which the adjustment is being made and the denominator of which is the United States consumer price index for the 1995-96 state fiscal year. The resultant product shall be rounded to the nearest $100.00 increment. The personal exemption for the tax year shall be determined by adding $200.00 to that rounded amount. As used in this section, United States consumer price index means the United States consumer price index for all urban consumers as defined and reported by the United States department of labor, bureau of labor statistics. For each tax year, the exemptions allowed under subsection (3) shall be adjusted by multiplying the exemption amount under subsection (3) for the tax year by a fraction, the numerator of which is the United States consumer price index for the state fiscal year ending the tax year prior to the tax year for which the adjustment is being made and the denominator of which is the United States consumer price index for the 1998-1999 state fiscal year. The resultant product shall be rounded to the nearest $100.00 increment. (9) (8) As used in subsection (1)(f), retirement or pension benefits means distributions from all of the following: (a) Except as provided in subdivision (d), qualified pension trusts and annuity plans that qualify under section 401(a) of the internal revenue code, including all of the following: (i) Plans for self-employed persons, commonly known as Keogh or HR10 plans. (ii) Individual retirement accounts that qualify under section of the internal revenue code if the distributions are not made until the participant has reached 59-1/2 years of age, except in the case of death, disability, or distributions described by section 72(t)(2)(A)(iv) of the internal revenue code. (iii) Employee annuities or tax-sheltered annuities purchased under section 403(b) of the internal revenue code by organizations exempt under section 501(c)(3) of the internal revenue code, or by public school systems. (iv) Distributions from a 401(k) plan attributable to employee contributions mandated by the plan or attributable to employer contributions. (b) The following retirement and pension plans not qualified under the internal revenue code: (i) Plans of the United States, state governments other than this state, and political subdivisions, agencies, or instrumentalities of this state. (ii) Plans maintained by a church or a convention or association of churches. (iii) All other unqualified pension plans that prescribe eligibility for retirement and predetermine contributions and benefits if the distributions are made from a pension trust. (c) Retirement or pension benefits received by a surviving spouse if those benefits qualified for a deduction prior to the decedents death. Benefits received by a surviving child are not deductible. (d) Retirement and pension benefits do not include: (i) Amounts received from a plan that allows the employee to set the amount of compensation to be deferred and does not prescribe retirement age or years of service. These plans include, but are not limited to, all of the following: (A) Deferred compensation plans under section 457 of the internal revenue code. (B) Distributions from plans under section 401(k) of the internal revenue code other than plans described in subdivision (a)(iv). (C) Distributions from plans under section 403(b) of the internal revenue code other than plans described in subdivision (a)(iii). (ii) Premature distributions paid on separation, withdrawal, or discontinuance of a plan prior to the earliest date the recipient could have retired under the provisions of the plan. (iii) Payments received as an incentive to retire early unless the distributions are from a pension trust
|
Income tax; exemptions; caring for senior citizen in home; provide for additional exemption. Amends sec. 30 of 1967 PA 281 (MCL 206.30)
|
Income tax; credit; tax incentive for purchase of an alternative fuel vehicle; provide for. Amends 1967 PA 281 (MCL 206.1 - 206.532) by adding sec. 278
|
A bill to amend, entitled Income tax act of 1967, o 206.532) by adding section 278. Sec. 278. (1) For the 2010 tax year and each tax year before imposed by this act equal to $250.00 for the purchase of a new, qualifying vehicle during the tax year. (2) To claim the credit under this section the taxpayer shall complete the form provided by the department, attach proof of the purchase to that form, and file both with the taxpayers annual return for the tax year in which the taxpayer purchased that vehicle for which the credit is claimed. (3) If the credit allowed under this section for the tax year and any unused carryforward of the credit allowed by this section exceed the tax liability of the taxpayer for the tax year, that portion of the credit that exceeds the tax liability shall not be refunded but may be carried forward to offset tax liability in subsequent tax years until used up. (4) As used in this section: (a) Qualified fuel cell motor vehicle, advanced lean burn technology motor vehicle, qualified hybrid motor vehicle, and alternative fuel motor vehicle mean those terms as defined under section 30B of the internal revenue code. (b) Qualifying vehicle means a qualified fuel cell motor vehicle, an advanced lean burn technology motor vehicle, a qualified hybrid motor vehicle, or an alternative fuel motor vehicle
|
Income tax; credit; tax incentive for purchase of an alternative fuel vehicle; provide for. Amends 1967 PA 281 (MCL 206.1 - 206.532) by adding sec. 278
|
Mobile homes; parks; emergency storm shelter in all mobile home parks; establish. Amends sec. 12 of 1987 PA 96 (MCL 125.2312)
|
A bill to amend, entitled The mobile home commission act, by amending Sec. 12. (1) When all preliminary approvals are made, the developer shall submit the legal documents and the final plans draft to the department. (2) Beginning January 1, 2010, the final plans draft submittal shall include plans for a single structure or multiple structures designed to provide mobile home park residents with safe shelter in times of severe weather including tornadoes and high winds. The size of the structure or structures shall be at least 7 square feet for each mobile home space in the park. The plans shall also be submitted to the appropriate municipality for approval. The municipality may approve the structure or structures if they are not otherwise in conflict with local laws and ordinances and if they meet or exceed specifications approved by a licensed professional engineer. (3) Subsection (2) applies to any existing mobile home park that increases the number of mobile home spaces in its park after that increases the number of mobile home spaces in its park after described in subsection (2) to the appropriate municipality and the department. The municipality may approve the plans if the plans conform to the requirements in subsection (2). If the plans are not approved by the municipality and the department, the existing mobile home park owner or developer shall not proceed with a capacity expansion. (4) (2) The nonrefundable fee for an application for plans approval and a permit for new mobile home park construction or for the expansion of an existing licensed mobile home park is $185.00 plus an additional $4.00 for each home site over 25 home sites, to a maximum of $1,000.00. The nonrefundable fee for an application for an extension of a permit to construct is $185.00. (5) (3) The nonrefundable fee for the construction of a new home condominium or the expansion of an existing home condominium is $505.00, plus an additional $4.00 for each home condominium home site over 25 home sites that is to be constructed. (6) (4) The nonrefundable fee for an existing licensed mobile home park that converts to a home condominium with an increase in the number of home sites is $505.00, plus an additional $4.00 for each home condominium home site over 25 home sites, to a maximum of $1,480.00. (7) (5) The nonrefundable fee for an application for a permit to construct for an alteration to an existing mobile home park is $50.00. (8) (6) The department shall review the filing and within 90 days after filing issue its approval or disapproval. Upon the approval of all the reviewing agencies, the department shall issue a permit to construct the mobile home park or seasonal mobile home park
|
Mobile homes; parks; emergency storm shelter in all mobile home parks; establish. Amends sec. 12 of 1987 PA 96 (MCL 125.2312)
|
Occupations; vehicles, dealers and repair facilities; written estimate requirement; increase limit. Amends sec. 34a of 1974 PA 300 (MCL 257.1334a)
|
A bill to amend, entitled Motor vehicle service and repair act, by amending section 34a a). Sec. 34a. (1) Unless otherwise requested by the customer, the requirement to furnish a written estimate shall does not apply to repair work performed by a motor vehicle repair facility when the total cost for services and parts is less than $20.00 $100.00. (2) Nothing in this section, or any other section, shall cause any allows a repair facility to fail to furnish to the customer a final invoice for the repairs performed and the parts supplied
|
Occupations; vehicles, dealers and repair facilities; written estimate requirement; increase limit. Amends sec. 34a of 1974 PA 300 (MCL 257.1334a)
|
Crime victims; rights; right of victim of identity theft to file police report of that theft; provide for, and require court to order certain restitution. Amends sec. 1a, ch. IX of 1927 PA 175 (MCL 769.1a) & adds sec. 30 to ch. IV. TIE BAR WITH: HB 404109, HB 404209
|
A bill to amend, entitled The code of criminal procedure, by amending section 1a of chapter IX a), as amended by, and by adding section 30 to chapter IV. CHAPTER IV Sec. 30. (1) To facilitate compliance with sections 11 and 13 of the identity theft protection act, and 445.73, and 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II, and to obtain a copy of that report from that law enforcement agency. (2) The department of state police shall develop and make available to law enforcement agencies and victims of identity theft a standard identity theft incident report form. (3) As used in this section, identity theft means that term as defined in section 3 of the identity theft protection act, CHAPTER IX Sec. 1a. (1) As used in this section, victim means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a felony, misdemeanor, or ordinance violation. For purposes of subsections (2), (3), (6), (8), (9), (10), and (13) (14), victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a felony, misdemeanor, or ordinance violation. (2) Except as provided in subsection (8) (9), when sentencing a defendant convicted of a felony, misdemeanor, or ordinance violation, the court shall order, in addition to or in lieu of any other penalty authorized by law or in addition to any other penalty required by law, that the defendant make full restitution to any victim of the defendants course of conduct that gives rise to the conviction or to the victims estate. (3) If a felony, misdemeanor, or ordinance violation results in damage to or loss or destruction of property of a victim of the felony, misdemeanor, or ordinance violation or results in the seizure or impoundment of property of a victim of the felony, misdemeanor, or ordinance violation, the order of restitution may require that the defendant do 1 or more of the following, as applicable: (a) Return the property to the owner of the property or to a person designated by the owner. (b) If return of the property under subdivision (a) is impossible, impractical, or inadequate, pay an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is returned, of that property or any part of the property that is returned: (i) The value of the property on the date of the damage, loss, or destruction. (ii) The value of the property on the date of sentencing. (c) Pay the cost of the seizure or impoundment, or both. (4) If a felony, misdemeanor, or ordinance violation results in physical or psychological injury to a victim, the order of restitution may require that the defendant do 1 or more of the following, as applicable: (a) Pay an amount equal to the cost of actual medical and related professional services and devices relating to physical and psychological care. (b) Pay an amount equal to the cost of actual physical and occupational therapy and rehabilitation. (c) Reimburse the victim or the victims estate for after-tax income loss suffered by the victim as a result of the felony, misdemeanor, or ordinance violation. (d) Pay an amount equal to the cost of psychological and medical treatment for members of the victims family that has been incurred as a result of the felony, misdemeanor, or ordinance violation. (e) Pay an amount equal to the cost of actual homemaking and child care expenses incurred as a result of the felony, misdemeanor, or ordinance violation. (5) If a felony, misdemeanor, or ordinance violation resulting in bodily injury also results in the death of a victim, the order of restitution may require that the defendant pay an amount equal to the cost of actual funeral and related services. (6) If the victim or the victims estate consents, the order of restitution may require that the defendant make restitution in services in lieu of money. (7) If the victim is deceased, the court shall order that the restitution be made to the victims estate. (8) If the victim is the victim of identity theft as that term is defined in section 3 of the identity theft protection act, then the court shall order restitution to compensate the victim in full for the work done by the victim or the victims attorney, or both, to rectify the victims financial records and vital records and to ameliorate the effects of the identity theft on the victims financial affairs, including, but not limited to, his or her credit history, credit rating, or credit score. (9) (8) The court shall order restitution to the crime victim services commission or to any individuals, partnerships, corporations, associations, governmental entities, or other legal entities that have compensated the victim or the victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The court shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the felony, misdemeanor, or ordinance violation. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, an order of restitution shall require that all restitution to a victim or a victims estate under the order be made before any restitution to any other person or entity under that order is made. The court shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive compensation for that loss, and the court shall state on the record with specificity the reasons for its action. If an entity entitled to restitution under this subsection for compensating the victim or the victims estate cannot or refuses to be reimbursed for that compensation, the restitution paid for that entity shall be deposited by the state treasurer in the crime victims rights fund created under section 4 of, or its successor fund. (10) (9) Any amount paid to a victim or a victims estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victims estate in any federal or state civil proceeding and shall reduce the amount payable to a victim or a victims estate by an award from the crime victim services commission made after an order of restitution under this section. (11) (10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within a specified period or in specified installments. (12) (11) If the defendant is placed on probation or paroled or the court imposes a conditional sentence under section 3 of this chapter, any restitution ordered under this section shall be a condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendants employment status, earning ability, and financial resources, the willfulness of the defendants failure to pay, and any other special circumstances that may have a bearing on the defendants ability to pay. (13) (12) A defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, the court may modify the method of payment. (14) (13) An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victims estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien. (15) (14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so. (16) (15) In each case in which payment of restitution is ordered as a condition of probation, the probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office. The report shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report to the prosecuting attorney. If a motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance. (17) (16) If a defendant who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the order of restitution to the department of corrections when the defendant is ordered remanded to the departments jurisdiction. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No. ____ or House Bill No. 4041(request no. 0033109 a). (b) Senate Bill No. ____ or House Bill No. 4042(request no. 0033109 b)
|
Crime victims; rights; right of victim of identity theft to file police report of that theft; provide for, and require court to order certain restitution. Amends sec. 1a, ch. IX of 1927 PA 175 (MCL 769.1a) & adds sec. 30 to ch. IV. TIE BAR WITH: HB 404109, HB 404209
|
Crime victims; rights; restitution of certain costs incurred by victims of identity theft; amend William Van Regenmorter crime victims rights act to require. Amends secs. 4a, 16, 33b, 44, 64a & 76 of 1985 PA 87 (MCL 780.754a et seq.). TIE BAR WITH: HB 404009, HB 404209
|
A bill to amend, entitled William Van Regenmorter crime victims rights act, by amending sections 4a, 16, 33b, 44, 64a, and 76 a, 780.766, 780.783b, 780.794, 780.814a, and 780.826), sections 4a, 33b, and 64a as added by and sections 16, 44, and 76 as amended by. Sec. 4a. (1) To facilitate compliance with sections and 13 of the identity theft protection act, and 445.73, and 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II of the code of criminal procedure, c, and to obtain a copy of that report from that law enforcement agency. (2) As used in this section, identity theft means that term as defined in section 3 of the identity theft protection act, c. 16. (1) As used in this section only, victim means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime. As used in subsections (2), (3), (6), (8), (9), and (13) (10), and (14) only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a crime. (2) Except as provided in subsection (8) (9), when sentencing a defendant convicted of a crime, the court shall order, in addition to or in lieu of any other penalty authorized by law or in addition to any other penalty required by law, that the defendant make full restitution to any victim of the defendants course of conduct that gives rise to the conviction or to the victims estate. For an offense that is resolved by assignment of the defendant to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under this section. (3) If a crime results in damage to or loss or destruction of property of a victim of the crime or results in the seizure or impoundment of property of a victim of the crime, the order of restitution shall require that the defendant do 1 or more of the following, as applicable: (a) Return the property to the owner of the property or to a person designated by the owner. (b) If return of the property under subdivision (a) is impossible, impractical, or inadequate, pay an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is returned, of that property or any part of the property that is returned: (i) The value of the property on the date of the damage, loss, or destruction. (ii) The value of the property on the date of sentencing. (c) Pay the costs of the seizure or impoundment, or both. (4) If a crime results in physical or psychological injury to a victim, the order of restitution shall require that the defendant do or more of the following, as applicable: (a) Pay an amount equal to the reasonably determined cost of medical and related professional services and devices actually incurred and reasonably expected to be incurred relating to physical and psychological care. (b) Pay an amount equal to the reasonably determined cost of physical and occupational therapy and rehabilitation actually incurred and reasonably expected to be incurred. (c) Reimburse the victim or the victims estate for after-tax income loss suffered by the victim as a result of the crime. (d) Pay an amount equal to the reasonably determined cost of psychological and medical treatment for members of the victims family actually incurred and reasonably expected to be incurred as a result of the crime. (e) Pay an amount equal to the reasonably determined costs of homemaking and child care expenses actually incurred and reasonably expected to be incurred as a result of the crime or, if homemaking or child care is provided without compensation by a relative, friend, or any other person, an amount equal to the costs that would reasonably be incurred as a result of the crime for that homemaking and child care, based on the rates in the area for comparable services. (f) Pay an amount equal to the cost of actual funeral and related services. (g) If the deceased victim could be claimed as a dependent by his or her parent or guardian on the parents or guardians federal, state, or local income tax returns, pay an amount equal to the loss of the tax deduction or tax credit. The amount of reimbursement shall be estimated for each year the victim could reasonably be claimed as a dependent. (h) Pay an amount equal to income actually lost by the spouse, parent, sibling, child, or grandparent of the victim because the family member left his or her employment, temporarily or permanently, to care for the victim because of the injury. (5) If a crime resulting in bodily injury also results in the death of a victim or serious impairment of a body function of a victim, the court may order up to 3 times the amount of restitution otherwise allowed under this section. As used in this subsection, serious impairment of a body function of a victim includes, but is not limited to, 1 or more of the following: (a) Loss of a limb or use of a limb. (b) Loss of a hand or foot or use of a hand or foot. (c) Loss of an eye or use of an eye or ear. (d) Loss or substantial impairment of a bodily function. (e) Serious visible disfigurement. (f) A comatose state that lasts for more than 3 days. (g) Measurable brain damage or mental impairment. (h) A skull fracture or other serious bone fracture. (i) Subdural hemorrhage or subdural hematoma. (j) Loss of a body organ. (6) If the victim or victims estate consents, the order of restitution may require that the defendant make restitution in services in lieu of money. (7) If the victim is deceased, the court shall order that the restitution be made to the victims estate. (8) If the victim is the victim of identity theft as that term is defined in section 3 of the identity theft protection act, then the court shall order restitution to compensate the victim in full for the work done by the victim or the victims attorney, or both, to rectify the victims financial records and vital records and to ameliorate the effects of the identity theft on the victims financial affairs, including, but not limited to, credit history, credit rating, or credit score. (9) (8) The court shall order restitution to the crime victim services commission or to any individuals, partnerships, corporations, associations, governmental entities, or other legal entities that have compensated the victim or the victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The court shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, an order of restitution shall require that all restitution to a victim or victims estate under the order be made before any restitution to any other person or entity under that order is made. The court shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive compensation for that loss, and the court shall state on the record with specificity the reasons for its action. (10) (9) Any amount paid to a victim or victims estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victims estate in any federal or state civil proceeding and shall reduce the amount payable to a victim or a victims estate by an award from the crime victim services commission made after an order of restitution under this section. (11) (10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within a specified period or in specified installments. (12) (11) If the defendant is placed on probation or paroled or the court imposes a conditional sentence as provided in section of chapter IX of the code of criminal procedure, any restitution ordered under this section shall be a condition of that probation, parole, or sentence. The court may revoke probation or impose imprisonment under the conditional sentence and the parole board may revoke parole if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or parole or impose imprisonment, the court or parole board shall consider the defendants employment status, earning ability, and financial resources, the willfulness of the defendants failure to pay, and any other special circumstances that may have a bearing on the defendants ability to pay. (13) (12) Subject to subsection (18) (19), a defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment. (14) (13) An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victims estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien. (15) (14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court or parole board determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so. (16) (15) If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juveniles parent or parents and an opportunity for the parent or parents to be heard the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay restitution as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection: (a) Juvenile means a person within the courts jurisdiction under section 2d or 4 of chapter XIIA of the probate code of 1939, A.2d and 712A.4. (b) Parent does not include a foster parent. (17) (16) If the court orders a parent to pay restitution under subsection (15) (16), the court shall take into account the parents financial resources and the burden that the payment of restitution will impose, with due regard to any other moral or legal financial obligations the parent may have. If a parent is required to pay restitution under subsection (15) (16), the court shall provide for payment to be made in specified installments and within a specified period of time. (18) (17) A parent who has been ordered to pay restitution under subsection (15) (16) may petition the court for a modification of the amount of restitution owed by the parent or for a cancellation of any unpaid portion of the parents obligation. The court shall cancel all or part of the parents obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim. (19) (18) In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the defendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance. (20) (19) If a defendant who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the order of restitution to the department of corrections when the defendant is remanded to the departments jurisdiction. (21) (20) The court shall not impose a fee on a victim, victims estate, or prosecuting attorney for enforcing an order of restitution. (22) (21) If a person or entity entitled to restitution under this section cannot be located, refuses to claim the restitution within years after the date on which he or she could have claimed the restitution, or refuses to accept the restitution, the restitution to which that person or entity is entitled shall be deposited in the crime victims rights fund created under section 4 of, or its successor fund. However, a person or entity entitled to that restitution may claim that restitution any time by applying to the court that originally ordered and collected it. The court shall notify the crime victim services commission of the application and the commission shall approve a reduction in the courts revenue transmittal to the crime victims rights fund equal to the restitution owed to the person or entity. The court shall use the reduction to reimburse that restitution to the person or entity. (23) (22) The court may amend an order of restitution entered under this section on a motion by the prosecuting attorney, the victim, or the defendant based upon new information related to the injury, damages, or loss for which the restitution was ordered. (24) (23) A court that receives notice that a defendant who has an obligation to pay restitution under this section has declared bankruptcy shall forward a copy of that notice to the prosecuting attorney. The prosecuting attorney shall forward the notice to the victim at the victims last known address. (25) (24) If the victim is a minor, the order of restitution shall require the defendant to pay to a parent of the victim an amount that is determined to be reasonable for any of the following that are actually incurred or reasonably expected to be incurred by the parent as a result of the crime: (a) Homemaking and child care expenses. (b) Income loss not ordered to be paid under subsection (4)(h). (c) Mileage. (d) Lodging or housing. (e) Meals. (f) Any other cost incurred in exercising the rights of the victim or a parent under this act. Sec. 33b. (1) To facilitate compliance with sections and 13 of the identity theft protection act, and 445.73, and 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II of the code of criminal procedure, c, and to obtain a copy of that report from that law enforcement agency. (2) As used in this section, identity theft means that term as defined in section 3 of the identity theft protection act, 445.63. Sec. 44. (1) As used in this section only: (a) Offense means a violation of a penal law of this state or a violation of an ordinance of a local unit of government of this state punishable by imprisonment or by a fine that is not a civil fine. (b) Victim means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense. As used in subsections (2), (3), (6), (8), (9), and (13) (10), and (14) only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of an offense. (2) Except as provided in subsection (8) (9), at the dispositional hearing or sentencing for an offense, the court shall order, in addition to or in lieu of any other disposition or penalty authorized by law, that the juvenile make full restitution to any victim of the juveniles course of conduct that gives rise to the disposition or conviction or to the victims estate. For an offense that is resolved informally by means of a consent calendar diversion or by another informal method that does not result in a dispositional hearing, by assignment to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under this section. (3) If an offense results in damage to or loss or destruction of property of a victim of the offense or results in the seizure or impoundment of property of a victim of the offense, the order of restitution shall require that the juvenile do 1 or more of the following, as applicable: (a) Return the property to the owner of the property or to a person designated by the owner. (b) If return of the property under subdivision (a) is impossible, impractical, or inadequate, pay an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is returned, of that property or any part of the property that is returned: (i) The value of the property on the date of the damage, loss, or destruction. (ii) The value of the property on the date of disposition. (c) Pay the costs of the seizure or impoundment, or both. (4) If an offense results in physical or psychological injury to a victim, the order of restitution shall require that the juvenile do 1 or more of the following, as applicable: (a) Pay an amount equal to the reasonably determined cost of medical and related professional services and devices actually incurred and reasonably expected to be incurred relating to physical and psychological care. (b) Pay an amount equal to the reasonably determined cost of physical and occupational therapy and rehabilitation actually incurred and reasonably expected to be incurred. (c) Reimburse the victim or the victims estate for after-tax income loss suffered by the victim as a result of the offense. (d) Pay an amount equal to the reasonably determined cost of psychological and medical treatment for members of the victims family actually incurred or reasonably expected to be incurred as a result of the offense. (e) Pay an amount equal to the reasonably determined costs of homemaking and child care expenses actually incurred or reasonably expected to be incurred as a result of the offense or, if homemaking or child care is provided without compensation by a relative, friend, or any other person, an amount equal to the costs that would reasonably be incurred as a result of the offense for that homemaking and child care, based on the rates in the area for comparable services. (f) Pay an amount equal to the cost of actual funeral and related services. (g) If the deceased victim could be claimed as a dependent by his or her parent or guardian on the parents or guardians federal, state, or local income tax returns, pay an amount equal to the loss of the tax deduction or tax credit. The amount of reimbursement shall be estimated for each year the victim could reasonably be claimed as a dependent. (h) Pay an amount equal to income actually lost by the spouse, parent, sibling, child, or grandparent of the victim because the family member left his or her employment, temporarily or permanently, to care for the victim because of the injury. (5) If an offense resulting in bodily injury also results in the death of a victim or serious impairment of a body function of a victim, the court may order up to 3 times the amount of restitution otherwise allowed under this section. As used in this subsection, serious impairment of a body function of a victim includes, but is not limited to, 1 or more of the following: (a) Loss of a limb or use of a limb. (b) Loss of a hand or foot or use of a hand or foot. (c) Loss of an eye or use of an eye or ear. (d) Loss or substantial impairment of a bodily function. (e) Serious visible disfigurement. (f) A comatose state that lasts for more than 3 days. (g) Measurable brain damage or mental impairment. (h) A skull fracture or other serious bone fracture. (i) Subdural hemorrhage or subdural hematoma. (j) Loss of a body organ. (6) If the victim or victims estate consents, the order of restitution may require that the juvenile make restitution in services in lieu of money. (7) If the victim is deceased, the court shall order that the restitution be made to the victims estate. (8) If the victim is the victim of identity theft as that term is defined in section 3 of the identity theft protection act, then the court shall order restitution to compensate the victim in full for the work done by the victim or the victims attorney, or both, to rectify the victims financial records and vital records and to ameliorate the effects of the identity theft on the victims financial affairs, including, but not limited to, credit history, credit rating, or credit score. (9) (8) The court shall order restitution to the crime victim services commission or to any individuals, partnerships, corporations, associations, governmental entities, or other legal entities that have compensated the victim or the victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The court shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the offense. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, an order of restitution shall require that all restitution to a victim or victims estate under the order be made before any restitution to any other person or entity under that order is made. The court shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive compensation for that loss, and the court shall state on the record with specificity the reasons for its action. (10) (9) Any amount paid to a victim or victims estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victims estate in any federal or state civil proceeding and shall reduce the amount payable to a victim or a victims estate by an award from the crime victim services commission made after an order of restitution under this section. (11) (10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the juvenile make restitution under this section within a specified period or in specified installments. (12) (11) If the juvenile is placed on probation, any restitution ordered under this section shall be a condition of that probation. The court may revoke probation if the juvenile fails to comply with the order and if the juvenile has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the juveniles employment status, earning ability, and financial resources, the willfulness of the juveniles failure to pay, and any other special circumstances that may have a bearing on the juveniles ability to pay. (13) (12) Subject to subsection (18) (19), a juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment. (14) (13) An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the individual ordered to pay restitution for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victims estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien. (15) (14) Notwithstanding any other provision of this section, a juvenile shall not be detained or imprisoned for a violation of probation or parole or otherwise for failure to pay restitution as ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so. (16) (15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juveniles parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay restitution as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection, parent does not include a foster parent. (17) (16) If the court orders a parent to pay restitution under subsection (15) (16), the court shall take into account the parents financial resources and the burden that the payment of restitution will impose, with due regard to any other moral or legal financial obligations the parent may have. If a parent is required to pay restitution under subsection (15) (16), the court shall provide for payment to be made in specified installments and within a specified period of time. (18) (17) A parent who has been ordered to pay restitution under subsection (15) (16) may petition the court for a modification of the amount of restitution owed by the parent or for a cancellation of any unpaid portion of the parents obligation. The court shall cancel all or part of the parents obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim. (19) (18) In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed juvenile to make regularly scheduled restitution payments. If the juvenile misses 2 or more regularly scheduled payments, the court shall order the juvenile to execute a wage assignment to pay the restitution. The juvenile caseworker or probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the juvenile caseworker or probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the juvenile caseworker or probation officer determines at any review the restitution is not being paid as ordered, the juvenile caseworker or probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage, and any reasons for the arrearage known by the juvenile caseworker or probation officer. The juvenile caseworker or probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance. (20) (19) If the court determines that an individual who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the order of restitution to the department of corrections when the court determines that the individual is remanded to the departments jurisdiction. (21) (20) The court shall not impose a fee on a victim, victims estate, or prosecuting attorney for enforcing an order of restitution. (22) (21) If a person or entity entitled to restitution under this section cannot be located, refuses to claim the restitution within years after the date on which he or she could have claimed the restitution, or refuses to accept the restitution, the restitution to which that person or entity is entitled shall be deposited in the crime victims rights fund created under section 4 of, or its successor fund. However, a person or entity entitled to that restitution may claim that restitution any time by applying to the court that originally ordered and collected it. The court shall notify the crime victim services commission of the application and the commission shall approve a reduction in the courts revenue transmittal to the crime victims rights fund equal to the restitution owed to the person or entity. The court shall use the reduction to reimburse that restitution to the person or entity. (23) (22) The court may amend an order of restitution entered under this section on a motion by the prosecuting attorney, the victim, or the defendant based upon new information related to the injury, damages, or loss for which the restitution was ordered. (24) (23) A court that receives notice that a defendant who has an obligation to pay restitution under this section has declared bankruptcy shall forward a copy of that notice to the prosecuting attorney. The prosecuting attorney shall forward the notice to the victim at the victims last known address. (25) (24) If the victim is a minor, the order of restitution shall require the defendant to pay to a parent of the victim an amount that is determined to be reasonable for any of the following that are actually incurred or reasonably expected to be incurred by the parent as a result of the crime: (a) Homemaking and child care expenses. (b) Income loss not ordered to be paid under subsection (4)(h). (c) Mileage. (d) Lodging or housing. (e) Meals. (f) Any other cost incurred in exercising the rights of the victim or a parent under this act. Sec. 64a. (1) To facilitate compliance with sections and 13 of the identity theft protection act, and 445.73, and 15 USC 1681g, a bona fide victim of identity theft is entitled to file a police report with a law enforcement agency in a jurisdiction where the alleged violation of identity theft may be prosecuted as provided under section 10c of chapter II of the code of criminal procedure, c, and to obtain a copy of that report from that law enforcement agency. (2) As used in this section, identity theft means that term as defined in section 3 of the identity theft protection act, c. 76. (1) As used in this section only: (a) Misdemeanor means a violation of a law of this state or a local ordinance that is punishable by imprisonment for not more than year or a fine that is not a civil fine, but that is not a felony. (b) Victim means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a misdemeanor. As used in subsections (2), (3), (6), (8), (9), and (13) (10), and (14) only, victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or any other legal entity that suffers direct physical or financial harm as a result of a misdemeanor. (2) Except as provided in subsection (8) (9), when sentencing a defendant convicted of a misdemeanor, the court shall order, in addition to or in lieu of any other penalty authorized by law or in addition to any other penalty required by law, that the defendant make full restitution to any victim of the defendants course of conduct that gives rise to the conviction or to the victims estate. For an offense that is resolved by assignment of the defendant to youthful trainee status, by a delayed sentence or deferred judgment of guilt, or in another way that is not an acquittal or unconditional dismissal, the court shall order the restitution required under this section. (3) If a misdemeanor results in damage to or loss or destruction of property of a victim of the misdemeanor or results in the seizure or impoundment of property of a victim of the misdemeanor, the order of restitution shall require that the defendant do 1 or more of the following, as applicable: (a) Return the property to the owner of the property or to a person designated by the owner. (b) If return of the property under subdivision (a) is impossible, impractical, or inadequate, pay an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is returned, of that property or any part of the property that is returned: (i) The value of the property on the date of the damage, loss, or destruction. (ii) The value of the property on the date of sentencing. (c) Pay the costs of the seizure or impoundment, or both. (4) If a misdemeanor results in physical or psychological injury to a victim, the order of restitution shall require that the defendant do 1 or more of the following, as applicable: (a) Pay an amount equal to the reasonably determined cost of medical and related professional services and devices actually incurred and reasonably expected to be incurred relating to physical and psychological care. (b) Pay an amount equal to the reasonably determined cost of physical and occupational therapy and rehabilitation actually incurred and reasonably expected to be incurred. (c) Reimburse the victim or the victims estate for after-tax income loss suffered by the victim as a result of the misdemeanor. (d) Pay an amount equal to the reasonably determined cost of psychological and medical treatment for members of the victims family actually incurred and reasonably expected to be incurred as a result of the misdemeanor. (e) Pay an amount equal to the reasonably determined costs of homemaking and child care expenses actually incurred and reasonably expected to be incurred as a result of the misdemeanor or, if homemaking or child care is provided without compensation by a relative, friend, or any other person, an amount equal to the costs that would reasonably be incurred as a result of the misdemeanor for that homemaking and child care, based on the rates in the area for comparable services. (f) Pay an amount equal to the cost of actual funeral and related services. (g) If the deceased victim could be claimed as a dependent by his or her parent or guardian on the parents or guardians federal, state, or local income tax returns, pay an amount equal to the loss of the tax deduction or tax credit. The amount of reimbursement shall be estimated for each year the victim could reasonably be claimed as a dependent. (h) Pay an amount equal to income actually lost by the spouse, parent, sibling, child, or grandparent of the victim because the family member left his or her employment, temporarily or permanently, to care for the victim because of the injury. (5) If a crime resulting in bodily injury also results in the death of a victim or serious impairment of a body function of a victim, the court may order up to 3 times the amount of restitution otherwise allowed under this section. As used in this subsection, serious impairment of a body function of a victim includes, but is not limited to, 1 or more of the following: (a) Loss of a limb or use of a limb. (b) Loss of a hand or foot or use of a hand or foot. (c) Loss of an eye or use of an eye or ear. (d) Loss or substantial impairment of a bodily function. (e) Serious visible disfigurement. (f) A comatose state that lasts for more than 3 days. (g) Measurable brain damage or mental impairment. (h) A skull fracture or other serious bone fracture. (i) Subdural hemorrhage or subdural hematoma. (j) Loss of a body organ. (6) If the victim or victims estate consents, the order of restitution may require that the defendant make restitution in services in lieu of money. (7) If the victim is deceased, the court shall order that the restitution be made to the victims estate. (8) If the victim is the victim of identity theft as that term is defined in section 3 of the identity theft protection act, then the court shall order restitution to compensate the victim in full for the work done by the victim or the victims attorney, or both, to rectify the victims financial records and vital records and to ameliorate the effects of the identity theft on the victims financial affairs, including, but not limited to, credit history, credit rating, or credit score. (9) (8) The court shall order restitution to the crime victim services commission or to any individuals, partnerships, corporations, associations, governmental entities, or other legal entities that have compensated the victim or the victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The court shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a result of the misdemeanor. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, an order of restitution shall require that all restitution to a victim or victims estate under the order be made before any restitution to any other person or entity under that order is made. The court shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive compensation for that loss, and the court shall state on the record with specificity the reasons for its action. (10) (9) Any amount paid to a victim or victims estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victims estate in any federal or state civil proceeding and shall reduce the amount payable to a victim or a victims estate by an award from the crime victim services commission made after an order of restitution under this section. (11) (10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the defendant make restitution under this section within a specified period or in specified installments. (12) (11) If the defendant is placed on probation or the court imposes a conditional sentence as provided in section 3 of chapter IX of the code of criminal procedure, any restitution ordered under this section shall be a condition of that probation or sentence. The court may revoke probation or impose imprisonment under the conditional sentence if the defendant fails to comply with the order and if the defendant has not made a good faith effort to comply with the order. In determining whether to revoke probation or impose imprisonment, the court shall consider the defendants employment status, earning ability, and financial resources, the willfulness of the defendants failure to pay, and any other special circumstances that may have a bearing on the defendants ability to pay. (13) (12) Subject to subsection (15) (16), a defendant who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the sentencing judge or his or her successor to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the defendant or his or her immediate family, and if the court also determines that modifying the method of payment will not impose a manifest hardship on the victim, the court may modify the method of payment. (14) (13) An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victims estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien. (15) (14) Notwithstanding any other provision of this section, a defendant shall not be imprisoned, jailed, or incarcerated for a violation of probation or otherwise for failure to pay restitution as ordered under this section unless the court determines that the defendant has the resources to pay the ordered restitution and has not made a good faith effort to do so. (16) (15) In each case in which payment of restitution is ordered as a condition of probation, the court shall order any employed defendant to make regularly scheduled restitution payments. If the defendant misses 2 or more regularly scheduled payments, the court shall order the defendant to execute a wage assignment to pay the restitution. The probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the probation officer assigned to the case shall review the case at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted not less than 60 days before the probationary period expires. If the probation officer determines at any review that restitution is not being paid as ordered, the probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office or shall petition the court for a probation violation. The report or petition shall include a statement of the amount of the arrearage and any reasons for the arrearage known by the probation officer. The probation officer shall immediately provide a copy of the report or petition to the prosecuting attorney. If a petition or motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance. (17) (16) If the court determines that a defendant who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the order of restitution to the department of corrections when the court determines that the defendant is remanded to the departments jurisdiction. (18) (17) The court shall not impose a fee on a victim, victims estate, or prosecuting attorney for enforcing an order of restitution. (19) (18) If a person or entity entitled to restitution under this section cannot be located, refuses to claim the restitution within years after the date on which he or she could have claimed the restitution, or refuses to accept the restitution, the restitution to which that person or entity is entitled shall be deposited in the crime victims rights fund created under section 4 of, or its successor fund. However, a person or entity entitled to that restitution may claim that restitution any time by applying to the court that originally ordered and collected it. The court shall notify the crime victim services commission of the application and the commission shall approve a reduction in the courts revenue transmittal to the crime victims rights fund equal to the restitution owed to the person or entity. The court shall use the reduction to reimburse that restitution to the person or entity. (20) (19) The court may amend an order of restitution entered under this section on a motion by the prosecuting attorney, the victim, or the defendant based upon new information related to the injury, damages, or loss for which the restitution was ordered. (21) (20) A court that receives notice that a defendant who has an obligation to pay restitution under this section has declared bankruptcy shall forward a copy of that notice to the prosecuting attorney. The prosecuting attorney shall forward the notice to the victim at the victims last known address. (22) (21) If the victim is a minor, the order of restitution shall require the defendant pay to a parent of the victim an amount that is determined to be reasonable for any of the following that are actually incurred or reasonably expected to be incurred by the parent as a result of the crime: (a) Homemaking and child care expenses. (b) Income loss not ordered to be paid under subsection (4)(h). (c) Mileage. (d) Lodging or housing. (e) Meals. (f) Any other cost incurred in exercising the rights of the victim or a parent under this act. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No.____ (request no. 0033109). (b) Senate Bill No.____ or House Bill No.____ (request no. 0033109 b)
|
Crime victims; rights; restitution of certain costs incurred by victims of identity theft; amend William Van Regenmorter crime victims rights act to require. Amends secs. 4a, 16, 33b, 44, 64a & 76 of 1985 PA 87 (MCL 780.754a et seq.). TIE BAR WITH: HB 404009, HB 404209
|
Juveniles; criminal procedure; restitution of certain cost incurred by victims of identity theft; amend probate code of 1939 to require. Amends secs. 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.30 & 712A.31). TIE BAR WITH: HB 404009, HB 404109
|
A bill to amend, entitled Probate code of 1939, by amending sections 30 and 31 of chapter XIIA A.30 and 712A.31), as amended by. CHAPTER XIIA Sec. 30. (1) For purposes of this section and section 31 of this chapter: (a) Juvenile offense means a violation by a juvenile of a penal law of this state or a violation by a juvenile of an ordinance of a local unit of government of this state punishable by imprisonment or by a fine that is not a civil fine. (b) Victim means an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a juvenile offense. For purposes of subsections (2), (3), (6), (8), (9), and (13) (10), and (14), victim includes a sole proprietorship, partnership, corporation, association, governmental entity, or other legal entity that suffers direct physical or financial harm as a result of the commission of a juvenile offense. (2) Except as provided in subsection (8) (9), at the dispositional hearing for a juvenile offense, the court shall order, in addition to or in lieu of any other disposition authorized by law, that the juvenile make full restitution to any victim of the juveniles course of conduct that gives rise to the disposition or to the victims estate. (3) If a juvenile offense results in damage to or loss or destruction of property of a victim of the juvenile offense, or results in the seizure or impoundment of property of a victim of the juvenile offense, the order of restitution may require that the juvenile do 1 or more of the following, as applicable: (a) Return the property to the owner of the property or to a person designated by the owner. (b) If return of the property under subdivision (a) is impossible, impractical, or inadequate, pay an amount equal to the greater of subparagraph (i) or (ii), less the value, determined as of the date the property is returned, of that property or any part of the property that is returned: (i) The value of the property on the date of the damage, loss, or destruction. (ii) The value of the property on the date of disposition. (c) Pay the costs of the seizure or impoundment, or both. (4) If a juvenile offense results in physical or psychological injury to a victim, the order of restitution may require that the juvenile do 1 or more of the following, as applicable: (a) Pay an amount equal to the cost of actual medical and related professional services and devices relating to physical and psychological care. (b) Pay an amount equal to the cost of actual physical and occupational therapy and rehabilitation. (c) Reimburse the victim or the victims estate for after-tax income loss suffered by the victim as a result of the juvenile offense. (d) Pay an amount equal to the cost of psychological and medical treatment for members of the victims family that has been incurred as a result of the juvenile offense. (e) Pay an amount equal to the costs of actual homemaking and child care expenses incurred as a result of the juvenile offense. (5) If a juvenile offense resulting in bodily injury also results in the death of a victim, the order of restitution may require that the juvenile pay an amount equal to the cost of actual funeral and related services. (6) If the victim or victims estate consents, the order of restitution may require that the juvenile make restitution in services in lieu of money. (7) If the victim is deceased, the court shall order that the restitution be made to the victims estate. (8) If the victim is the victim of identity theft as that term is defined in section 3 of the identity theft protection act, then the court shall order restitution to compensate the victim in full for the work done by the victim or the victims attorney, or both, to rectify the victims financial records and vital records and to ameliorate the effects of the identity theft on the victims financial affairs, including, but not limited to, credit history, credit rating, or credit score. (9) (8) The court shall order restitution to the crime victims compensation board or to any individuals, partnerships, corporations, associations, governmental entities, or any other legal entities that have compensated the victim or victims estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The court shall also order restitution, for the costs of services provided, to persons or entities that have provided services to the victim as a result of the juvenile offense. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, an order of restitution shall require that all restitution to a victim or victims estate under the order be made before any restitution to any other person or entity under that order is made. The court shall not order restitution to be paid to a victim or victims estate if the victim or victims estate has received or is to receive compensation for that loss, and the court shall state on the record with specificity the reasons for its actions. If an entity entitled to restitution under this subsection for compensating the victim or the victims estate cannot or refuses to be reimbursed for that compensation, the restitution paid for that entity shall be deposited by the state treasurer in the crime victims rights fund created under section of, or its successor fund. (10) (9) Any amount paid to a victim or victims estate under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim or the victims estate in any federal or state civil proceeding and shall reduce the amount payable to a victim or a victims estate by an award from the crime victims compensation board made after an order of restitution under this section. (11) (10) If not otherwise provided by the court under this subsection, restitution shall be made immediately. However, the court may require that the juvenile make restitution under this section within a specified period or in specified installments. (12) (11) If the juvenile is placed on probation, any restitution ordered under this section shall be a condition of that probation. The court may revoke probation if the juvenile fails to comply with the order and if the juvenile has not made a good faith effort to comply with the order. In determining whether to revoke probation, the court shall consider the juveniles employment status, earning ability, and financial resources, the willfulness of the juveniles failure to pay, and any other special circumstances that may have a bearing on the juveniles ability to pay. (13) (12) A juvenile who is required to pay restitution and who is not in willful default of the payment of the restitution may at any time petition the court to modify the method of payment. If the court determines that payment under the order will impose a manifest hardship on the juvenile or his or her immediate family, the court may modify the method of payment. (14) (13) An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the individual ordered to pay restitution for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victims estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien. (15) (14) Notwithstanding any other provision of this section, a juvenile shall not be detained for a violation of probation, or otherwise, for failure to pay restitution as ordered under this section unless the court determines that the juvenile has the resources to pay the ordered restitution and has not made a good faith effort to do so. (16) (15) If the court determines that the juvenile is or will be unable to pay all of the restitution ordered, after notice to the juveniles parent and an opportunity for the parent to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile at the time of the acts upon which an order of restitution is based to pay any portion of the restitution ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay restitution, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection, parent does not include a foster parent. (17) (16) If the court orders a parent to pay restitution under subsection (15) (16), the court shall take into account the financial resources of the parent and the burden that the payment of restitution will impose, with due regard to any other moral or legal financial obligations that the parent may have. If a parent is required to pay restitution under subsection (15) (16), the court shall provide for payment to be made in specified installments and within a specified period of time. (18) (17) A parent who has been ordered to pay restitution under subsection (15) (16) may petition the court for a modification of the amount of restitution owed by the parent or for a cancellation of any unpaid portion of the parents obligation. The court shall cancel all or part of the parents obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent. (19) (18) In each case in which payment of restitution is ordered as a condition of probation, the juvenile caseworker or probation officer assigned to the case shall review the case not less than twice yearly to ensure that restitution is being paid as ordered. The final review shall be conducted not less than 60 days before the expiration of the probationary period. If the juvenile caseworker or probation officer determines the restitution is not being paid as ordered, the juvenile caseworker or probation officer shall file a written report of the violation with the court on a form prescribed by the state court administrative office. The report shall include a statement of the amount of the arrearage and any reasons for the arrearage that are known by the juvenile caseworker or probation officer. The juvenile caseworker or probation officer shall immediately provide a copy of the report to the prosecuting attorney. If a motion is filed or other proceedings are initiated to enforce payment of restitution and the court determines that restitution is not being paid or has not been paid as ordered by the court, the court shall promptly take action necessary to compel compliance. (20) (19) If the court determines that an individual who is ordered to pay restitution under this section is remanded to the jurisdiction of the department of corrections, the court shall provide a copy of the order of restitution to the department of corrections when the court determines that the individual is remanded to the departments jurisdiction. Sec. 31. (1) In determining the amount of restitution to order under section 30 of this chapter, the court shall consider the amount of the loss sustained by any victim as a result of the juvenile offense. In determining whether to order the juveniles supervisory parent to pay restitution under section 30(15) 30(16) of this chapter, the court shall consider the financial resources of the juveniles supervisory parent and the other factors specified in section 30(16) 30(17) of this chapter. (2) The court may order the person preparing a report for the purpose of disposition to obtain information pertaining to the factors set forth in subsection (1). That person shall include the information collected in the disposition report or in a separate report, as the court directs. (3) The court shall disclose to the juvenile, the juveniles supervisory parent, and the prosecuting attorney all portions of the disposition or other report pertaining to the matters described in subsection (1). (4) Any dispute as to the proper amount or type of restitution shall be resolved by the court by a preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the juvenile offense shall be on the prosecuting attorney. The burden of demonstrating the financial resources of the juveniles supervisory parent and the other factors specified in section 30(16) 30(17) of this chapter shall be on the supervisory parent. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No. 4040(request no. 0033109). (b) Senate Bill No.____ or House Bill No. 4041(request no. 0033109 a)
|
Juveniles; criminal procedure; restitution of certain cost incurred by victims of identity theft; amend probate code of 1939 to require. Amends secs. 30 & 31, ch. XIIA of 1939 PA 288 (MCL 712A.30 & 712A.31). TIE BAR WITH: HB 404009, HB 404109
|
State financing and management; purchasing; searchable database listing all state expenditures; create. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 447
|
A bill to amend, entitled The management and budget act, o 18.1594) by adding section 447. Sec. 447. (1) The department shall issue directives requiring all state agencies to provide the department with the following information regarding the expenditure of state funds: (a) The name and principal location of the entity receiving the funds. (b) The amount of state funds. (c) The type of transaction. (d) The funding state agency. (e) The budget source of the funds. (f) A descriptive purpose of the funding action or expenditure. (g) Any other information required by the department. (2) Not later than January 1, 2010, the department shall develop and operate a searchable website accessible by the public at no cost to access the information provided in subsection (1). (3) Nothing in this section shall require the disclosure of information that is considered confidential by state or federal law. (4) As used in this section, expenditure of state funds means the expenditure of all appropriated or nonappropriated funds by a state agency that includes, but is not limited to, all of the following: (a) State purchases. (b) Contracts and subcontracts. (c) Grants
|
State financing and management; purchasing; searchable database listing all state expenditures; create. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 447
|
Local government; other; sanctuary policy prohibition act; create. Creates new act
|
A bill to prohibit local units of government from enacting or enforcing any law, ordinance, policy, or rule that limits local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain local officers, officials, and employees; to provide for certain reporting requirements; and to prescribe penalties. Sec. 1. This act shall be known and may be cited as the sanctuary policy prohibition act. Sec. 3. As used in this act: (a) Governing body means any of the following: (i) The council, commission, or other entity vested with the legislative power of a city or village. (ii) The township board of a township or charter township. (iii) The county board of commissioners of a county. (b) Local unit of government means a county, city, village, township, or charter township. Sec. 5. The governing body of a local unit of government shall not enact or enforce any law, ordinance, policy, or rule that limits or prohibits a peace officer or local official, officer, or employee from communicating or cooperating with appropriate federal officials concerning the immigration status of an individual in this state. Sec. 7. (1) The governing body of a local unit of government shall provide written notice to each peace officer, official, officer, and employee in the local unit of government of his or her duty to cooperate with appropriate federal and state officials concerning the enforcement of federal and state immigration laws. (2) The governing body of a local unit of government shall provide written confirmation to the Michigan legislature that the local unit of government has complied with the requirements of subsection (1). Sec. 9. A peace officer who has probable cause to believe that an individual under arrest is not legally present in the United States shall report that individual to the United States immigration and customs enforcement office. Sec. 11. Before March 1 of each year, the governing body of a local unit of government shall report to the Michigan legislature the number of reports made to the United States immigration and customs enforcement office pursuant to this act. Sec. 13. Notwithstanding any other provision of law to the contrary, if the governing body of a local unit of government fails to comply with 1 or more of the requirements of this act, the state treasurer shall withhold the total annual payment amount that the local unit of government receives under the Glenn Steil state revenue sharing act of 1971, o 141.921, for each year or portion of a year that the local unit of government fails to comply with the requirements of this act
|
Local government; other; sanctuary policy prohibition act; create. Creates new act
|
Economic development; neighborhood enterprise zones; requirements for filing certain applications for a neighborhood enterprise zone; revise. Amends sec. 4 of 1992 PA 147 (MCL 207.774)
|
A bill to amend, entitled Neighborhood enterprise zone act, by amending Sec. 4. (1) The owner of a homestead facility or owner or developer or prospective owner or developer of a proposed new facility or an owner or developer or prospective developer proposing to rehabilitate property located in a neighborhood enterprise zone may file an application for a neighborhood enterprise zone certificate with the clerk of the local governmental unit. The application shall be filed in the manner and form prescribed by the commission. The clerk of the local governmental unit shall provide a copy of each homestead facility application to the assessor for the local governmental unit. Except as provided in subsection (2) or as otherwise provided by the local governmental unit by resolution if the application is filed not later than 6 months following the date the building permit is issued, the application shall be filed before a building permit is issued for the new construction or rehabilitation of the facility. (2) An application may be filed after a building permit is issued only if 1 or more of the following apply: (a) For the rehabilitation of a facility if the area in which the facility is located is designated as a neighborhood enterprise zone by the governing body of the local governmental unit in the calendar year 1992 and if the building permit is issued for the rehabilitation before December 31, 1994 and after the date on which the area in which the facility is located was designated as a neighborhood enterprise zone by the governing body of the local governmental unit. (b) For the construction of a new facility if the area in which the new facility is located is designated as a neighborhood enterprise zone by the governing body of the local governmental unit in calendar year 1992 or 1993 and if the building permit is issued for that new facility before December 31, 1995 and after (c) For the construction of a new facility if the area in which the new facility is located is designated as a neighborhood enterprise zone by the governing body of the local governmental unit in July 1997 and if the building permit is issued for that new facility on February 3, 1998. (d) For a new facility or a rehabilitated facility if the area in which the new facility or rehabilitated facility is located was designated as a neighborhood enterprise zone by the governing body of the local governmental unit in July 1996 and if the building permit was issued for that facility on or before July 3, 2001. (e) For a new facility or a rehabilitated facility if the area in which the new facility or rehabilitated facility is located was designated as a neighborhood enterprise zone by the governing body of the local governmental unit in October 1994 and if the building permit was issued for that facility on or before April 25, 1997. (f) For the construction of a new facility if the area in which the new facility is located is designated as a neighborhood enterprise zone by the governing body of the local governmental unit in September 2001 and if the building permit is issued for that new facility on March 3, 2003. (g) For a rehabilitated facility if all or a portion of the rehabilitated facility is a qualified historic building. (h) For the construction of a new facility if the area in which the new facility is located is designated as a neighborhood enterprise zone by the governing body of the local governmental unit in July 1993 and the new facility was a model home. (i) For the construction of a new facility if the area in which the new facility is located is designated as a neighborhood enterprise zone by the governing body of the local governmental unit in August 2004 and if building permits were issued for that facility beginning November 5, 2002 through December 23, 2003. (j) For a homestead facility. (k) For the construction of a facility if the area in which the facility is located was designated as a neighborhood enterprise zone by the governing body of the local governmental unit in July 2003, and if the building permit was issued for that facility in June 2004. (l) For a new facility or a rehabilitated facility if the area in which the new facility or rehabilitated facility is located was designated as a neighborhood zone by the governing body of the local governmental unit in February 2004 and if the building permit for that facility was issued in August 2003 or January 2005. (m) For the construction of a facility if the area in which the facility is located was designated as a neighborhood enterprise zone by the governing body of the local governmental unit in June 2007 and if the building permit was issued for that facility after November 30, 2004 and before November 1, 2006. (n) For the construction of a facility if the area in which the facility is located was designated as a neighborhood enterprise zone by the governing body of the local governmental unit on July 1, 2005 and if the building permit was issued for that facility after April 5, 2006 and before May 1, 2007. (3) The application shall contain or be accompanied by all of the following: (a) A general description of the homestead facility, new facility, or proposed rehabilitated facility. (b) The dimensions of the parcel on which the homestead facility, new facility, or proposed rehabilitated facility is or is to be located. (c) The general nature and extent of the construction to be undertaken. (d) A time schedule for undertaking and completing the rehabilitation of property or the construction of the new facility. (e) A statement by the owner of a homestead facility that the owner is committed to investing a minimum of $500.00 in the first 3 years that the certificate for a homestead facility is in effect and committed to documenting the minimum investment if required to do so by the assessor of the local governmental unit. (f) Any other information required by the local governmental unit. (4) Notwithstanding any other provisions of this act, for any certificate issued as a result of the enactment of the amendatory act that added subsection (2)(c), the effective date of the certificate shall be the first day of the tax year following the year the certificate is approved by the commission. (5) Notwithstanding any other provisions of this act, for any certificate issued as a result of the enactment of the amendatory act that added subsection (2)(d) or the amendatory act that added subsection (2)(e), the effective date of the certificate shall be (6) Notwithstanding any other provisions of this act, for any certificate issued as a result of the enactment of the amendatory act that added subsection (2)(j) or the amendatory act that added subsection (2)(k), the effective date of the certificate shall be the first day of the tax year following the year the certificate is approved by the qualified assessing authority. (7) For a certificate issued as a result of the amendatory act that added subsection (2)(e), both of the following shall apply not withstanding any other provision of this act: (a) The effective date of the certificate shall be January 1, 2001 and the taxable value for rehabilitated facilities shall be set as provided in section 10(3). (b) For certificates issued or reissued after December 31, 2005, the amount of the neighborhood enterprise zone tax on a rehabilitated facility is determined each year by multiplying the taxable value of the rehabilitated facility, not including the land, as of December 31 of the year prior to the start of the improvement as described in subsection (3) by the total mills collected under the general property tax act, o 211.155, for the current year by all taxing units within which the rehabilitated facility is located. (8) For any certificate issued as result of the amendatory act that added subsection (2)(l), notwithstanding any other provision of this act the amount of the neighborhood enterprise zone tax on a rehabilitated facility is determined each year by multiplying the taxable value of the rehabilitated facility, not including the land, as of December 31 of the year prior to the start of the improvement as described in subsection (3) by the total mills collected under the general property tax act, o 211.155, for the current year by all taxing units within which the rehabilitated facility is located. (9) If a new facility is completed in a neighborhood enterprise zone approved in October 1996 and a building permit was issued in March 1998 but a neighborhood enterprise zone certificate was not applied for by the original owner occupying the facility as a principal residence, a subsequent owner occupying the new facility as a principal residence can request and, notwithstanding any other provision of this act, effective December 31 of the year preceding the application, be granted a neighborhood enterprise zone certificate for the remainder of the term, not to exceed 12 years, that a neighborhood enterprise zone certificate would have been in effect for the original owner of the new facility
|
Economic development; neighborhood enterprise zones; requirements for filing certain applications for a neighborhood enterprise zone; revise. Amends sec. 4 of 1992 PA 147 (MCL 207.774)
|
Civil procedure; foreclosure; mediation program and moratorium for residential mortgage foreclosures; establish. Amends title & secs. 3115, 3204 & 3236 of 1961 PA 236 (MCL 600.3115 et seq.) & adds secs. 3116, 3117, 3205, 3237 & 3238
|
Financial Services. A bill to amend, entitled Revised judicature act of 1961, by amending the title and sections 3115, 3204, and 3236 600.3204, and 600.3236), the title as amended by 1999 PA and TITLE An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to provide for the powers and duties of certain state governmental agencies; to authorize the promulgation of rules; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts. Sec. 3115. Whenever a complaint is filed Subject to sections 3116 and 3117, in an action for the foreclosure or satisfaction of any a mortgage on real estate or land contract, the court has power to may order a sale of the premises which that are the subject of the mortgage on real estate or land contract, or of that part of the premises which that is sufficient to discharge the amount due on the mortgage on real estate or land contract plus costs. But the circuit judge The court shall not order that the lands subject to the mortgage be sold within 6 months after the filing of the complaint for foreclosure of the mortgage or that the lands which that are the subject of the land contract be sold within 3 months after the filing of the complaint for foreclosure of the land contract. Sec. 3116. (1) Subject to subsections (7) and (8), before commencing an action to foreclose a mortgage of residential property under this chapter, the plaintiff shall send a notice in the form adopted under subsection (2) to the mortgagor. The plaintiff shall send a notice under this subsection by certified mail to the mortgagors last known address no earlier than 60 days after the mortgagor becomes delinquent in the payment of principal or interest under the mortgage or violates any other provision of the mortgage. (2) The Michigan state housing development authority shall adopt a notice under the administrative procedures act of 1969, o 24.328, which shall be in plain language and include all of the following: (a) A statement that the mortgagor is delinquent in making a principal or interest payment or is otherwise in default under the mortgage and, unless the mortgagor has a face-to-face meeting within days after the date of the notice with the person who sent the notice or a consumer credit counseling agency to attempt to resolve the delinquency or default by restructuring the loan payment schedule or otherwise, the person who sent the notice may proceed to foreclose the mortgage. (b) A place to include the name, telephone number, and address of a local consumer credit counseling agency. (3) A person shall not commence an action to foreclose a mortgage of residential property under this chapter or take any other action to recover or enforce the indebtedness secured by the mortgage until the later of 33 days after sending a notice to the mortgagor under subsection (1) or, if the mortgagor meets with the mortgagee under subsection (4) or a credit counseling agency under subsection (5), until the expiration of the applicable time period under subsection (4) or (5). (4) If a mortgagor meets with a mortgagee in accordance with a notice under subsection (1), the mortgagee shall not commence an action to foreclose the mortgage until 30 days after the date the mortgagor first meets with the mortgagee. (5) If a mortgagor meets with a consumer credit counseling agency in accordance with a notice under subsection (1), the consumer credit counseling agency shall promptly notify all persons that hold mortgages of the mortgagors real property of the meeting. A person notified under this subsection shall not commence an action to foreclose a mortgage of the property until 30 days after the date that the mortgagor first meets with the consumer credit counseling agency. (6) Subject to subsections (7) and (8), in an action to foreclose a mortgage of residential property under this chapter that was filed before the effective date of the amendatory act that added this section but in which the property has not been sold under a judgment on the effective date of the amendatory act that added this section, the court shall issue a temporary stay of the action until the later of 33 days after a notice under subsection (1) has been sent to the defendant or, if the defendant meets with the mortgagee or a credit counseling agency under this section, until the expiration of the applicable time period under subsection (4) or (5). The plaintiff in an action that is stayed under this subsection shall send the defendant a notice under subsection (1). (7) A plaintiff is not required to send a notice under subsection (1) if 1 or more of the following apply: (a) The mortgagor is more than 24 consecutive or nonconsecutive months in arrears in payments under the mortgage. (b) The total amount due under the mortgage, not including any accelerated balance but including principal, interest, taxes, assessments, ground rents, hazard insurance, or mortgage insurance or credit insurance premiums, is more than $60,000.00. (c) The mortgagor has received a notice under subsection (1) from another person who holds a mortgage of the subject property. (8) A plaintiff is not required to send a second or subsequent notice under subsection (1) if either of the following applies: (a) The mortgagee has received only partial payment of arrears from the mortgagor under any agreement made under this section after the previous notice. (b) A notice was sent under subsection (1) while the mortgagor was in bankruptcy, regardless of whether the mortgagor received a discharge, the bankruptcy petition was dismissed, or the mortgagee was given relief from the automatic stay. Sec. 3117. (1) In an action to foreclose a mortgage of residential property in which a judgment of foreclosure has not been entered by the effective date of the amendatory act that added this section, the court, on motion of a defendant, shall order the action stayed until 1 year after the effective date of the amendatory act that added this section. (2) In an action to foreclose a mortgage of residential property in which a judgment of foreclosure has been entered but the period of redemption has not expired by the effective date of the amendatory act that added this section, the court, on motion of a defendant, shall do 1 of the following: (a) If the property has not been sold under the judgment, amend the judgment to include a stay of the sale until 1 year after the effective date of the amendatory act that added this section. (b) If the property has been sold under the judgment, include in the order confirming the report of sale or, if the order confirming the report of sale has been entered, amend the order to include a provision extending the period of redemption until 1 year after the effective date of the amendatory act that added this section. The register of deeds shall endorse, record, and index an order amending an order confirming the report of sale under this subdivision in the manner provided for deeds of sale under section 3130 and note the existence of the order amending the order confirming the report of sale on the record of the deed of sale. (3) Subject to subsection (4), the court may include in an order entered under subsection (1) or a judgment or order entered under subsection (2) any of the following provisions relating to the property during the stay or extension: (a) Possession of the property. In making an order under this subdivision, the court shall give preference to the owner in possession. (b) A fair amount to be paid as rental by the person in possession. (c) The application of money received from rent under subdivision (b) or any other income or profits of the property. The court may order that payment and distribution of money be made through the clerk of the court or another person. (d) Preservation of the property, including payment of taxes and maintenance of insurance. (4) If the parties to an action under this chapter have agreed to restructure the loan payment schedule or made another agreement under section 3116, unless the court determines that there is good cause to order otherwise, the provisions included in an order or judgment under subsection (3) shall not contradict the agreement. (5) The court may set aside or modify an order or judgment entered under subsection (1) or (2) if a defendant substantially violates a provision ordered under subsection (3) or (4) or for any other reason that the court determines in its discretion to justify the change. If an order or judgment entered under subsection (1) or (2) is set aside, the rights of a person interested in the property that were affected by the order or judgment revest in the person effective the date the order or judgment is set aside as if the order or judgment had not been entered. (6) This section does not apply if the defendant has failed to meet with the mortgagee or a credit counseling agency as described in section 3116(4) and (5) after receiving a notice under section 3116(1). Sec. 3204. (1) A party may foreclose a mortgage by advertisement if all of the following circumstances exist: (a) A default in a condition of the mortgage has occurred, by which the power to sell became operative. (b) An action or proceeding has not been instituted, at law, to recover the debt secured by the mortgage or any part of the mortgage; or, if an action or proceeding has been instituted, the action or proceeding has been discontinued; or an execution on a judgment rendered in an action or proceeding has been returned unsatisfied, in whole or in part. (c) The mortgage containing the power of sale has been properly recorded. (d) The party foreclosing the mortgage is either the owner of the indebtedness or of an interest in the indebtedness secured by the mortgage or the servicing agent of the mortgage. (e) If the mortgage is of residential property, the party has given notice as required under section 3205 and 33 days have passed since sending the notice or, if the mortgagor has met with the party or a credit counseling agency under section 3205, the applicable time period under section 3205(3) or (4) has expired, whichever is later. (f) If the mortgage is of residential property, the owner of the mortgaged property or a person liable under the mortgage or mortgage note has not filed an action under subsection (4). (2) If a mortgage is given to secure the payment of money by installments, each of the installments mentioned in the mortgage after the first shall be treated as a separate and independent mortgage. The mortgage for each of the installments may be foreclosed in the same manner and with the same effect as if a separate mortgage were given for each subsequent installment. A redemption of a sale by the mortgagor has the same effect as if the sale for the installment had been made upon an independent prior mortgage. (3) If the party foreclosing a mortgage by advertisement is not the original mortgagee, a record chain of title shall exist prior to the date of sale under section 3216 evidencing the assignment of the mortgage to the party foreclosing the mortgage. (4) Before 1 year after the effective date of the amendatory act that added this subsection, the owner of mortgaged residential property or a person liable under a mortgage of or mortgage note relating to residential property may file an action in the circuit court for the county where the property is located to enjoin foreclosure of the mortgage by advertisement. The court in an action filed under this subsection shall enjoin foreclosure of the mortgage by advertisement and order the foreclosure to proceed under chapter 31. This subsection does not apply if the owner or person liable has failed to meet with the mortgagee or a credit counseling agency as described in section 3205(3) and (4) after receiving a notice under section 3205(1). Sec. 3205. (1) Subject to subsections (5) and (6), before taking any action to foreclose a mortgage of residential property by advertisement under this chapter, the person foreclosing the mortgage shall send a notice in the form adopted under section 3116(2) to the mortgagor. The person shall send a notice under this subsection by certified mail to the mortgagors last known address no earlier than 60 days after the mortgagor becomes delinquent in the payment of principal or interest under the mortgage or violates any other provision of the mortgage. (2) A person shall not take any action to foreclose a mortgage of residential property by advertisement under this chapter or take any other action to recover or enforce the indebtedness secured by the mortgage until the later of 33 days after sending a notice to the mortgagor under subsection (1) or, if the mortgagor meets with the mortgagee or a credit counseling agency under this section, until the expiration of the applicable time period under subsection (3) or (4). (3) If a mortgagor meets with a mortgagee in accordance with a notice under subsection (1), the mortgagee shall not take any action to foreclose the mortgage until 30 days after the date the mortgagor first meets with the mortgagee. (4) If a mortgagor meets with a consumer credit counseling agency in accordance with a notice under subsection (1), the consumer credit counseling agency shall promptly notify all persons that hold mortgages of the mortgagors real property of the meeting. A person notified under this subsection shall not take any action to foreclose a mortgage of the property until 30 days after the date that the mortgagor first meets with the consumer credit counseling agency. (5) A person is not required to send a notice under subsection (1) if either of the following applies: (a) The mortgagor is more than 24 consecutive or nonconsecutive months in arrears in payments under the mortgage. (b) The total amount due under the mortgage, not including any accelerated balance but including principal, interest, taxes, assessments, ground rents, hazard insurance, or mortgage insurance or credit insurance premiums, is more than $60,000.00. (c) The mortgagor has received a notice under subsection (1) from another person who holds a mortgage of the subject property. (6) A person is not required to send a second or subsequent notice under subsection (1) if either of the following applies: (a) The person has received only partial payment of arrears from the mortgagor under any agreement reached under this section with the mortgagor to restructure the payment schedule. (b) A notice was sent under subsection (1) while the mortgagor was in bankruptcy, regardless of whether the mortgagor received a discharge, the bankruptcy petition was dismissed, or the mortgagee was given relief from the automatic stay. Sec. 3236. (1) Unless Except as provided in section 3237, unless the premises described in such the deed shall be of sale are redeemed within the time limited for such applicable period of redemption as hereinafter provided, such in this chapter, the deed shall thereupon become becomes operative, on the expiration of the period of redemption and shall vest vests in the grantee therein named, his in the deed or the grantees heirs or assigns, all the right, title, and interest which the mortgagor had at the time of the execution of the mortgage, or at any time thereafter after the execution, except as to any parcel or parcels which may that have been redeemed and canceled, as hereinafter provided; and the in this chapter. (2) After the period of redemption expires, the record thereof shall thereafter, of the deed of sale is for all purposes be deemed a valid record of said the deed of sale without being re-recorded., but no However, a person having any who has a valid subsisting lien upon on the mortgaged premises, or any part thereof of the mortgaged premises, created before the lien of such the mortgage took effect, shall not be prejudiced by any such the sale, nor shall his and the persons rights or interests be are not in any way affected thereby by the sale. Sec. 3237. If the applicable period of redemption provided under this chapter for a mortgage of residential property that is being foreclosed by advertisement has not expired before the effective date of the amendatory act that added this section, the person foreclosing the mortgage shall send the mortgagor a notice in the form adopted under section 3116(2) and, if the sale has been conducted, shall send a copy of the notice to the person who purchased the property at the sale. Section 3205(3) to (6) applies after a notice is sent under this section. The person foreclosing the mortgage and any purchaser shall take no further action toward foreclosure until the later of 33 days after the notice has been sent to the mortgagor or, if the mortgagor has met with the mortgagee or a credit counseling agency in accordance with the notice, the expiration of the applicable time period under section 3205(3) or (4). Sec. 3238. (1) If the applicable period of redemption provided under this chapter for a mortgage of residential property that is being foreclosed by advertisement has not expired by 1 year after the effective date of the amendatory act that added this section, a person described in subsection (2) may file a complaint in the circuit court for the county in which the property is located requesting the relief described in subsection (3). (2) One or more of the following may file an action under this section: (a) The mortgagor. (b) The owner of the mortgaged property. (c) A person who is liable on the mortgage or note. (3) The court in an action under this section shall enter an order enjoining until 1 year after the effective date of the amendatory act that added this section the issuance of a writ of restitution or other order to give a purchaser under a deed of sale possession of the mortgaged property. Subject to subsection (4), the court may include in the order a provision listed in section 3117(3). (4) If the parties to an action under this section have agreed to restructure the loan payment schedule or made another agreement under section 3205, unless the court determines that there is good cause to order otherwise, the provisions included in an order under subsection (3) shall not contradict the agreement. (5) The register of deeds shall endorse, record, and index an order under subsection (3) in the manner provided for deeds of sale under section 3232 and note the existence of the order on the record of the deed of sale. (6) The court may set aside or modify an order entered under subsection (3) if a defendant substantially violates a provision listed in section 3117(3) that is included in the order or for any other reason that the court determines in its discretion to justify the change. If an order entered under subsection (3) is set aside, the rights of a person interested in the property that were affected by the order revest in the person effective the date the order is set aside as if the order had not been entered. (7) This section does not apply if the defendant has failed to meet with the mortgagee or a credit counseling agency as described in section 3205(3) and (4) after receiving a notice under section 3205(1)
|
Civil procedure; foreclosure; mediation program and moratorium for residential mortgage foreclosures; establish. Amends title & secs. 3115, 3204 & 3236 of 1961 PA 236 (MCL 600.3115 et seq.) & adds secs. 3116, 3117, 3205, 3237 & 3238
|
Education; school districts; number of pupils enrolled in school district to determine status as a first class school district; modify. Amends sec. 402 of 1976 PA 451 (MCL 380.402)
|
A bill to amend, entitled The revised school code, by amending Sec. 402. A school district that has a pupil membership of at least 100,000 60,000 enrolled on the most recent pupil membership count day is a first class school district governed by this part
|
Education; school districts; number of pupils enrolled in school district to determine status as a first class school district; modify. Amends sec. 402 of 1976 PA 451 (MCL 380.402)
|
Insurance; no-fault; territorial base rates; provide for. Amends sec. 2111 of 1956 PA 218 (MCL 500.2111)
|
A bill to amend, entitled The insurance code of 1956, by amending Sec. 2111. (1) Notwithstanding any provision of this act and this chapter to the contrary, classifications and territorial base rates used by any insurer in this state with respect to automobile insurance or home insurance shall conform to the applicable requirements of this section. (2) Classifications established pursuant to this section for automobile insurance shall be based only upon 1 or more of the following factors, which shall be applied by an insurer on a uniform basis throughout the state: (a) With respect to all automobile insurance coverages: (i) Either the age of the driver; the length of driving experience; or the number of years licensed to operate a motor vehicle. (ii) Driver primacy, based upon the proportionate use of each vehicle insured under the policy by individual drivers insured or to be insured under the policy. (iii) Average miles driven weekly, annually, or both. (iv) Type of use, such as business, farm, or pleasure use. (v) Vehicle characteristics, features, and options, such as engine displacement, ability of vehicle and its equipment to protect passengers from injury and other similar items, including vehicle make and model. (vi) Daily or weekly commuting mileage. (vii) Number of cars insured by the insurer or number of licensed operators in the household. However, number of licensed operators shall not be used as an indirect measure of marital status. (viii) Amount of insurance. (b) In addition to the factors prescribed in subdivision (a), with respect to personal protection insurance coverage: (i) Earned income. (ii) Number of dependents of income earners insured under the policy. (iii) Coordination of benefits. (iv) Use of a safety belt. (c) In addition to the factors prescribed in subdivision (a), with respect to collision and comprehensive coverages: (i) The anticipated cost of vehicle repairs or replacement, which may be measured by age, price, cost new, or value of the insured automobile, and other factors directly relating to that anticipated cost. (ii) Vehicle make and model. (iii) Vehicle design characteristics related to vehicle damageability. (iv) Vehicle characteristics relating to automobile theft prevention devices. (d) With respect to all automobile insurance coverage other than comprehensive, successful completion by the individual driver or drivers insured under the policy of an accident prevention education course that meets the following criteria: (i) The course shall include a minimum of 8 hours of classroom instruction. (ii) The course shall include, but not be limited to, a review of all of the following: (A) The effects of aging on driving behavior. (B) The shapes, colors, and types of road signs. (C) The effects of alcohol and medication on driving. (D) The laws relating to the proper use of a motor vehicle. (E) Accident prevention measures. (F) The benefits of safety belts and child restraints. (G) Major driving hazards. (H) Interaction with other highway users such as motorcyclists, bicyclists, and pedestrians. (3) Each insurer shall establish a secondary or merit rating plan for automobile insurance, other than comprehensive coverage. A secondary or merit rating plan required under this subsection shall provide for premium surcharges for any or all coverages for automobile insurance, other than comprehensive coverage, based upon any or all of the following, when that information becomes available to the insurer: (a) Substantially at-fault accidents. (b) Convictions for, determinations of responsibility for civil infractions for, or findings of responsibility in probate court for civil infractions for, violations under chapter VI of the Michigan vehicle code, o 257.750. However, beginning 90 days after the effective date of this sentence, an insured shall not be merit rated for a civil infraction under chapter VI of the Michigan vehicle code, o 257.750, for a period of time longer than that which the secretary of states office carries points for that infraction on the insureds motor vehicle record. (4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based upon sex or marital status. (5) Notwithstanding other provisions of this chapter, automobile insurance risks may shall be grouped by territory. and territorial base rates for coverages shall be established as follows: (a) An insurer shall not be limited as to the number of territories employed in its rating plan. However, an insurer shall not employ more than 20 different territorial base rates for an automobile insurance coverage. A territorial base rate may be made applicable in 1 or more territories contained in the rating plan of the insurer. (b) An insurer shall not employ a territorial base rate for an automobile insurance package policy that is less than 45% of the highest territorial base rate for the same policy, all other rating classifications being the same. (c) An insurer shall not employ a territorial base rate in a territory for an automobile insurance package policy that is less than 90% of the territorial base rate employed in any adjacent territory for the same policy, all other rating classifications being the same. (6) An insurer may elect at any time to exempt itself from the requirements of subsection (5) by filing for an exemption with the commissioner. An insurer electing this exemption shall initially file a rating plan in which no territorial base rate for an automobile insurance package policy is less than 45% of the highest territorial base rate for the same policy, all other rating classifications being the same. Five years from the date of the initial filing, the insurer shall be prohibited from using a rating plan in which any territorial base rate for an automobile insurance package policy will be less than 67% of the highest territorial base rate for that same policy, all other rating classifications being the same. An insurers election of an exemption under this subsection is permanent, final, and not subject to change. (7) Beginning 1 year after the effective date of the amendatory act that added this subsection, if an insurer can demonstrate to the commissioner, after an opportunity for an evidentiary hearing held pursuant to the administrative procedures act of 1969, o 24.328, that clear and significant financial impairment exists in the geographic territory or territories in question because of the need for an additional territorial base rate, or for a greater variance in the adjacent geographic territory differential contained in subsection (5)(c), the additional territorial base rate or a greater variance, or both, shall be permitted for use by the insurer or a licensed rating organization on behalf of that insurer, at such time as the need exists. Evidence shall not include financial impairment resulting from exemptions granted to other insurers. (8) If the commissioner finds, solely on the evidence presented, that a greater variance in the adjacent geographic territory differential than that authorized under subsection (5)(c) is justified, the increase in variance shall not exceed 100% of that authorized under that subsection. If an increase in variance in the adjacent geographic territory differential greater than 100% of that authorized under subsection (5)(c) is justified, the commissioner shall require the creation of an additional territorial base rate. (9) An exemption granted under subsections (7) and (8) shall be applicable only to the geographic territory or territories in question and only to the insurer requesting the exemption. (10) An insurer shall not have more than 5 exemptions in force at any 1 time. For purposes of determining the number of existing exemptions, each additional territorial base rate or each increase in variance in the adjacent geographic territory differential granted shall be considered to be a separate exemption. (11) (6) This section shall not be construed as limiting insurers or rating organizations from establishing and maintaining statistical reporting territories. This section shall not be construed to prohibit an insurer from establishing or maintaining, for automobile insurance, a premium discount plan for senior citizens in this state who are 65 years of age or older, if the plan is uniformly applied by the insurer throughout this state. If an insurer has not established and maintained a premium discount plan for senior citizens, the insurer shall offer reduced premium rates to senior citizens in this state who are 65 years of age or older and who drive less than 3,000 miles per year, regardless of statistical data. (12) (7) Classifications established pursuant to this section for home insurance other than inland marine insurance provided by policy floaters or endorsements shall be based only upon 1 or more of the following factors: (a) Amount and types of coverage. (b) Security and safety devices, including locks, smoke detectors, and similar, related devices. (c) Repairable structural defects reasonably related to risk. (d) Fire protection class. (e) Construction of structure, based on structure size, building material components, and number of units. (f) Loss experience of the insured, based upon prior claims attributable to factors under the control of the insured that have been paid by an insurer. An insureds failure, after written notice from the insurer, to correct a physical condition that presents a risk of repeated loss shall be considered a factor under the control of the insured for purposes of this subdivision. (g) Use of smoking materials within the structure. (h) Distance of the structure from a fire hydrant. (i) Availability of law enforcement or crime prevention services. (13) (8) Notwithstanding other provisions of this chapter, home insurance risks may be grouped by territory. (14) (9) An insurer may utilize factors in addition to those specified in this section, if the commissioner finds, after a hearing held pursuant to the administrative procedures act of 1969, o 24.328, that the factors would encourage innovation, would encourage insureds to minimize the risks of loss from hazards insured against, and would be consistent with the purposes of this chapter
|
Insurance; no-fault; territorial base rates; provide for. Amends sec. 2111 of 1956 PA 218 (MCL 500.2111)
|
Public utilities; consumer services; energy shutoff for individuals with certain medical conditions; prohibit. Amends 1939 PA 3 (MCL 460.1 - 460.10cc) by adding sec. 9d
|
Technology. A bill to amend, entitled An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts, o 460.10cc) by adding section 9d. Sec. 9d. (1) A service provider shall not discontinue service to a qualifying customer who has filed an application with a service provider under this section. Upon application to a service provider, a qualifying customer shall receive shut-off protection from the service provider under this section for up to 21 days. Upon application to the service provider, the service provider may grant the qualifying customer 1 or more extensions. (2) Unless waived by the service provider, the shut-off protection provided under this section does not void or limit the obligation of the qualifying customer to pay for electric or gas services received during the time of assistance. A service provider shall not charge a qualifying customer any late fees if that customer receives shut-off protection under this section. (3) Upon receiving an application from a qualifying customer, a service provider shall do all of the following: (a) Establish a repayment plan requiring minimum monthly payments that allows the qualifying customer to pay any past due amounts over a reasonable time period. (b) Provide a qualifying customer with information regarding any governmental, service provider, or other assistance programs. (c) Provide qualifying customers with access to existing information on ways to minimize or conserve their service usage. (4) As used in this section: (a) Qualifying customer means a customer or member of the customers household who demonstrates each of the following: (i) The customer or member of the customers household has a serious medical condition which requires electric or gas service. (ii) The customer or member of the customers household has provided verification of the serious medical condition to the service provider. (b) Service provider means a provider of electric or natural gas service
|
Public utilities; consumer services; energy shutoff for individuals with certain medical conditions; prohibit. Amends 1939 PA 3 (MCL 460.1 - 460.10cc) by adding sec. 9d
|
Property tax; delinquent taxes; items included in delinquent taxes; exclude water and utility bills. Amends sec. 78a of 1893 PA 206 (MCL 211.78a)
|
A bill to amend, entitled The general property tax act, by amending section 78a a), as amended by. Sec. 78a. (1) For taxes levied after December 31, 1998, all property returned for delinquent taxes, and upon which taxes, interest, penalties, and fees remain unpaid after the property is returned as delinquent to the county treasurers of this state under this act, is subject to forfeiture, foreclosure, and sale for the enforcement and collection of the delinquent taxes as provided in section 78, this section, and sections 78b to 79a. As used in section 78, this section, and sections 78b to 79a, taxes includes interest, penalties, and fees imposed before the taxes become delinquent and unpaid special assessments or other assessments that are due and payable up to and including the date of the foreclosure hearing under section 78k. As used in section 78, this section, and sections 78b to 79a, taxes does not include delinquent water bills or any other delinquent utility bills unless both of the following conditions are satisfied: (a) The water bill collections or other utility bill collections provide a source of repayment of public bonds or notes issued before the effective date of the amendatory act that added this subdivision. (b) The terms of the public bonds or notes require collection of the water bills or other utility bills under this act. (2) On March 1 in each year, taxes levied in the immediately preceding year that remain unpaid shall be returned as delinquent for collection. However, if the last day in a year that taxes are due and payable before being returned as delinquent is on a Saturday, Sunday, or legal holiday, the last day taxes are due and payable before being returned as delinquent is on the next business day and taxes levied in the immediately preceding year that remain unpaid shall be returned as delinquent on the immediately succeeding business day. Except as otherwise provided in section 79 for certified abandoned property, property delinquent for taxes levied in the second year preceding the forfeiture under section 78g or in a prior year to which this section applies shall be forfeited to the county treasurer for the total of the unpaid taxes, interest, penalties, and fees for those years as provided under section 78g. (3) A county property tax administration fee of 4% and interest computed at a noncompounded rate of 1% per month or fraction of a month on the taxes that were originally returned as delinquent, computed from the date that the taxes originally became delinquent, shall be added to property returned as delinquent under this section. A county property tax administration fee provided for under this subsection shall not be less than $1.00. (4) Any person with an unrecorded property interest or any other person who wishes at any time to receive notice of the return of delinquent taxes on a parcel of property may pay an annual fee not to exceed $5.00 by February 1 to the county treasurer and specify the parcel identification number, the address of the property, and the address to which the notice shall be sent. Holders of any undischarged mortgages wishing to receive notice of the return of delinquent taxes on a parcel or parcels of property may provide a list of such parcels in a form prescribed by the county treasurer and pay an annual fee not to exceed $1.00 per parcel to the county treasurer and specify for each parcel the parcel identification number, the address of the property, and the address to which the notice should be sent. The county treasurer shall notify the person or holders of undischarged mortgages if delinquent taxes on the property or properties are returned within that year. (5) Notwithstanding any charter provision to the contrary, the governing body of a local governmental unit that collects delinquent taxes may establish for any property, by ordinance, procedures for the collection of delinquent taxes and the enforcement of tax liens and the schedule for the forfeiture or foreclosure of delinquent tax liens. The procedures and schedule established by ordinance shall conform at a minimum to those procedures and schedules established under this section and sections 78a 78b to 78l, except that those taxes subject to a payment plan approved by the treasurer of the local governmental unit as of July 1, 1999 shall not be considered delinquent if payments are not delinquent under that payment plan
|
Property tax; delinquent taxes; items included in delinquent taxes; exclude water and utility bills. Amends sec. 78a of 1893 PA 206 (MCL 211.78a)
|
Consumer protection; unfair trade practices; application of Michigan consumer protection act to certain unfair trade practices in insurance code and certain other conduct authorized by law; clarify and revise. Amends sec. 4 of 1976 PA 331 (MCL 445.904)
|
A bill to amend, entitled Michigan consumer protection act, by amending Sec. 4. (1) This act does not apply to either applies to any unfair, unconscionable, or deceptive method, act, or practice and creates a cause of action against a company who engages in that method, act, or practice, except for any of the following: (a) A transaction or conduct specifically authorized under laws administered by a regulatory board or officer acting under statutory authority method, act, or practice that is expressly permitted by a statute, rule, or regulation of this state or the United States. (b) An act done by the a publisher, owner, agent, or employee of a newspaper, periodical, directory, radio or television station, or other communications medium in the publication or dissemination of an advertisement unless the publisher, owner, agent, or employee knows or, under the circumstances, reasonably should know of the false, misleading, or deceptive character of the advertisement or has a direct financial interest in the sale or distribution of the advertised goods, property, or service. (c) (2) Except for the purposes of an action filed by a person under section 11, this act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by any of the following: (i) (a) The banking code of 1999, o 487.15105. (ii) (b), o 460.10cc. (iii) (c) The motor carrier act, o 479.43. (iv) (d) The savings bank act, o 487.3804. (v) (e) The credit union act, o 490.601. (3) This act does not apply to or create a cause of action for an unfair, unconscionable, or deceptive method, act, or practice that is made unlawful by chapter 20 of the insurance code of 1956, o 500.2093. (4) The burden of proving an exemption from this act is upon the person claiming the exemption. (2) A person who claims this act does not apply to a method, act, or practice because of an exception to subsection (1) or any other exemption from this act bears the burden of proving that exception or exemption. (3) As used in this section, company means a person engaged in trade or commerce, including, but not limited to, a person whose profession, occupation, conduct, or transactions are regulated by a statute, rule, or regulation of this state or the United States
|
Consumer protection; unfair trade practices; application of Michigan consumer protection act to certain unfair trade practices in insurance code and certain other conduct authorized by law; clarify and revise. Amends sec. 4 of 1976 PA 331 (MCL 445.904)
|
Consumer credit; other; Michigan homeownership preservation fund; create, and finance with civil fines. Amends title & sec. 10 of 2002 PA 660 (MCL 445.1640)
|
Financial Services. A bill to amend, entitled Consumer mortgage protection act, by amending the title and section 10. TITLE An act to prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of the lender in a home loan transaction; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties to create the Michigan homeownership preservation fund and to provide for its funding and use; to prescribe and provide for the disposition of civil fines; and to provide for remedies. Sec. 10. (1) The attorney general or the prosecuting attorney for the county where an alleged violation occurred may bring an action against a person to do 1 or more of the following: (a) Obtain a declaratory judgment that a method, act, or practice of the person is a violation of this act. (b) Enjoin a person who is engaging or about to engage in a method, act, or practice that is a violation of this act. (c) Obtain a civil fine of not more than $10,000.00 for the first offense and not more than $20,000.00 for the second and any subsequent offense. Fines received under this subdivision shall be deposited into the Michigan homeownership preservation fund created in subsection (2). (2) The Michigan homeownership preservation fund is created in the state treasury. Fines assessed under subsection (1)(c) shall be deposited in the fund and used by the commissioner to do any of the following: (a) Award grants to finance financial literacy programs, homeownership training, and homeownership protection training. (b) Provide down payment assistance to individuals seeking home loans. (c) Provide loans and grants to low income individuals seeking to avoid foreclosure. (3) The commissioner shall establish eligibility standards for the award of grants under subsection (2). (4) The state treasurer may receive money from any source for deposit into the Michigan homeownership preservation fund created in subsection (2). The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of a fiscal year shall remain in the fund and shall not lapse to the general fund
|
Consumer credit; other; Michigan homeownership preservation fund; create, and finance with civil fines. Amends title & sec. 10 of 2002 PA 660 (MCL 445.1640)
|
Highways; name; renaming a portion of M-188; designate as the Elgie G. Hanna Memorial Highway. Amends 2001 PA 142 (MCL 250.1001 - 250.2080) by adding sec. 77
|
A bill to amend, entitled Michigan memorial highway act, o 250.2080) by adding section 77. Sec. 77. Highway M-188 in Eaton county shall be known as the Elgie G. Hanna Memorial Highway
|
Highways; name; renaming a portion of M-188; designate as the Elgie G. Hanna Memorial Highway. Amends 2001 PA 142 (MCL 250.1001 - 250.2080) by adding sec. 77
|
Highways; name; renaming a portion of M-50; designate as the Jackson County Veterans Memorial Highway. Amends 2001 PA 142 (MCL 250.1001 - 250.2080) by adding sec. 1011
|
A bill to amend, entitled Michigan memorial highway act, o 250.2080) by adding section 1011. Sec. 1011. Highway M-50 in Jackson county beginning at the intersection of M-50 and Riverside road and continuing north to the intersection of M-50 and US-127 shall be known as the Jackson County Veterans Memorial Highway
|
Highways; name; renaming a portion of M-50; designate as the Jackson County Veterans Memorial Highway. Amends 2001 PA 142 (MCL 250.1001 - 250.2080) by adding sec. 1011
|
Liquor; hours; Sunday sale of alcohol at certain motorsports entertainment complexes; revise hours. Amends sec. 518 of 1998 PA 58 (MCL 436.1518)
|
A bill to amend, entitled Michigan liquor control code of 1998, by amending Sec. 518. (1) As used in this section: (a) Motorsports entertainment complex means a closed-course motorsports facility and its ancillary grounds that comply with all of the following: (i) Has at least 1,500 fixed seats for race patrons. (ii) Has at least 7 scheduled days of motorsports events each calendar year. (iii) Serves food and beverages at the facility during sanctioned motorsports events each calendar year through concession outlets, which may be staffed by individuals who represent or are members of 1 or more nonprofit civic or charitable organizations that directly financially benefit from the concession outlets sales. (iv) Engages in tourism promotion. (b) Motorsports event means a motorsports race and its ancillary activities that have been sanctioned by a sanctioning body. (c) Owner means a person who owns and operates a motorsports entertainment complex. (d) Sanctioning body means the American motorcycle association (AMA); auto racing club of America (ARCA); championship auto racing teams (CART); grand American road racing association (GRAND AM); Indy racing league (IRL); national association for stock car auto racing (NASCAR); nation hot rod association (NHRA); professional sportscar racing (PSR); sports car club of America (SCCA); United States auto club (USAC); Michigan state promoters association; or any successor organization or any other nationally or internationally recognized governing body of motorsports that establishes an annual schedule of motorsports events and grants rights to conduct the events, that has established and administers rules and regulations governing all participants involved in the events and all persons conducting the events, and that requires certain liability assurances, including insurance. (2) Notwithstanding the quota provisions of section 531, the commission may issue motorsports event licenses for the sale of beer and wine for consumption on the premises to the owner of a motorsports entertainment complex for use during sanctioned motorsports events only. (3) Notwithstanding section 1114 and R 436.1403 of the Michigan administrative code, a licensee under this section may serve, or allow the consumption of, alcoholic liquor on the licensed premises on any Sunday during which a motorsports event is scheduled and takes place. (4) (3) For a period of time not to exceed consecutive days during which public access is permitted to a motorsports entertainment complex in connection with a motorsports event, members of the general public at least 21 years or older may bring beer and wine not purchased at the licensed motorsports entertainment complex into the motorsports entertainment complex and possess and consume that beer and wine. Possession and consumption of beer and wine under this section are allowed only in portions of the motorsports entertainment complex open to the general public that are also part of the licensed premises of a retail licensee under both of the following circumstances: (a) The licensed premises are located within the motorsports entertainment complex. (b) The retail licensee holds a license for consumption on the licensed premises of the motorsports entertainment complex. (5) (4) A person holding a license for the sale of alcoholic liquor for consumption on the premises at a motorsports entertainment complex is subject to the civil liability provisions of section 801 if the civil action is brought by or on behalf of an individual who suffers damage or is personally injured by a minor or visibly intoxicated person by reason of the unlawful consumption of alcoholic liquor on the licensed premises by that minor or visibly intoxicated person if the unlawful consumption is proven to be a proximate cause of the damage, injury, or death of the individual, whether the alcoholic liquor was sold or furnished by the licensee or was brought onto the licensed premises under subsection (3) (4)
|
Liquor; hours; Sunday sale of alcohol at certain motorsports entertainment complexes; revise hours. Amends sec. 518 of 1998 PA 58 (MCL 436.1518)
|
Construction; permits; expedited building permit process for LEED certified projects; establish. Amends sec. 11 of 1972 PA 230 (MCL 125.1511)
|
Introduced by Reps. Valentine, Terry Brown, Clemente, Bauer, Smith, Roberts, Lahti, Roy Schmidt, Bennett, Dean and Meadows and referred to the Committee on Energy and Technology. A bill to amend, entitled Stille-DeRossett-Hale single state construction code act, by amending section 11. Sec. 11. (1) The enforcing agency shall examine an application for a building permit. If the application conforms to this act, the code, and the requirements of other applicable laws and ordinances, the enforcing agency shall approve the application and issue a building permit to the applicant. An Except as otherwise provided in subsection (2), an application shall be granted, in whole or in part, or denied within 10 business days, except that in case of an unusually complicated building or structure, action shall be taken within business days. Failure by an enforcing agency to grant, in whole or in part, or deny an application within these periods of time shall be deemed is considered a denial of the application for purposes of authorizing the institution of an appeal to the appropriate board of appeals. The enforcing agency shall approve changes in plans and specifications previously approved by it, if the changes require approval and if the plans and specifications when so changed remain in conformity with law. Except as otherwise provided in this act or the code, the construction or alteration of a building or structure shall not be commenced until a building permit has been issued. The construction of a building or structure shall comply with the approved application for a building permit, and the enforcing agency shall insure such compliance in the manner provided in section 12 and in any other way it deems considers appropriate. (2) If plans submitted with an application are certified at any level by LEED, the application shall be granted, in whole or part, or denied within 5 business days. (3) (2) The enforcing agency may suspend, revoke, or cancel a building permit in case of failure or neglect to comply with the provisions of this act or the code, or upon a finding by it that a false statement or representation has been made in the application for the building permit. (4) As used in this section, LEED means the leadership in environmental design rating system developed by the United States green building council
|
Construction; permits; expedited building permit process for LEED certified projects; establish. Amends sec. 11 of 1972 PA 230 (MCL 125.1511)
|
Courts; juries; option for jury in district court criminal trials to be composed of residents residing within that district; allow. Amends sec. 1324 of 1961 PA 236 (MCL 600.1324)
|
A bill to amend, entitled Revised judicature act of 1961, by amending Sec. 1324. (1) From time to time, the chief judge of each court of record in the county shall order the board to select jurors for jury service. Each such order shall contain all of the following information: (a) A time limit within which the selection shall be completed. (b) The number of jurors to be selected for a panel. (c) The number of panels to be selected. (d) The court or courts in which each panel shall serve. (e) The period of service of each panel, subject to section 1343. (2) Upon Except as provided in subsection (4), upon the order of the chief circuit judge, jury panels or parts of jury panels selected for any court in the county may be used for jury selection in any court of record in the county, if jurors on the panel or part of a panel selected for such use are otherwise eligible to serve as jurors in the particular court. (3) If a city located in more than 1 county is placed entirely within a single district of the district court pursuant to chapter 81, the supreme court by rule shall specify the procedure for compiling the second jury list for that district court district so as to include names and addresses of residents from the parts of the counties which comprise that district. (4) Upon the request of the defendant in a criminal trial held in district court, the jurors serving in that trial all shall be residents of that judicial district
|
Courts; juries; option for jury in district court criminal trials to be composed of residents residing within that district; allow. Amends sec. 1324 of 1961 PA 236 (MCL 600.1324)
|
Education; reorganization; deficits incurred while reform board in place for qualifying school districts; require assumption by state. Amends secs. 373 & 375 of 1976 PA 451 (MCL 380.373 & 380.375)
|
A bill to amend, entitled The revised school code, by amending sections 373 and 375 and 380.375), as amended by. Sec. 373. (1) Beginning on March 26, 1999 or, if the qualifying school district becomes a qualifying school district after March 26, 1999, the date on which a school district becomes a qualifying school district, the powers and duties of the elected school board of the qualifying school district and of its secretary and treasurer are suspended until the applicable date specified in section 375. However, until the expiration of the current term of each individual member serving as of the date the school district becomes a qualifying school district, the members of the elected school board of a qualifying school district may continue to meet as an advisory board to provide input to the school reform board on an advisory basis only. Notwithstanding section 417a or any board policy, bylaw, or resolution to the contrary, these advisory board members shall serve without compensation or reimbursement, and funds of the qualifying school district shall not be used to staff or otherwise support the advisory board in any way. (2) Beginning on March 26, 1999 or, if the qualifying school district becomes a qualifying school district after March 26, 1999, the date on which a school district becomes a qualifying school district, and until appointment of a school reform board for a qualifying school district under this part, all provisions of this act that would otherwise apply to the school board of the qualifying school district or to the school reform board or chief executive officer apply to the mayor, and the mayor immediately may exercise all the powers and duties otherwise vested by law in the board of the qualifying school district and in its secretary and treasurer, and all powers and duties of the school reform board or chief executive officer as provided under this part. Within 30 days after appointing a school reform board under this part, the mayor shall initiate a financial audit of the qualifying school district. The mayor shall provide the results of this audit to the school reform board. (3) Upon appointment of a school reform board for a qualifying school district under this part, and until appointment of a chief executive officer under section 374, all provisions of this act that would otherwise apply to the school board of the qualifying school district or to the chief executive officer apply to the school reform board, and the school reform board immediately may exercise all the powers and duties otherwise vested by law in the board of the qualifying school district and in its secretary and treasurer, and all powers and duties of the chief executive officer as provided under this part. (4) Upon appointment of a chief executive officer for a qualifying school district under section 374, all provisions of this act that would otherwise apply to the elected school board of the qualifying school district apply to the chief executive officer; the chief executive officer immediately may exercise all the powers and duties otherwise vested by law in the elected school board of the qualifying school district and in its secretary and treasurer, and all additional powers and duties provided under this part; and the chief executive officer accedes to all the rights, duties, and obligations of the elected school board of the qualifying school district. These powers, rights, duties, and obligations include, but are not limited to, all of the following: (a) Authority over the expenditure of all school district funds, including proceeds from bonded indebtedness and other funds dedicated to capital projects. (b) Rights and obligations under collective bargaining agreements and employment contracts entered into by the elected school board, except for employment contracts of those employees described in subsection (6). (c) Rights to prosecute and defend litigation. (d) Obligations under any judgments entered against the elected school board. (e) Rights and obligations under statute, rule, and common law. (f) Authority to delegate any of the chief executive officers powers and duties to 1 or more designees, with proper supervision by the school reform board. (5) In addition to his or her other powers, the chief executive officer appointed under this part may terminate any contract entered into by the elected school board of the qualifying school district except for a collective bargaining agreement. However, this subsection does not allow any termination or diminishment of obligations to pay debt service on legally authorized bonds. A contract terminated by a chief executive officer under this subsection is void. (6) Beginning on March 26, 1999 or, if the qualifying school district becomes a qualifying school district after March 26, 1999, the date on which a school district becomes a qualifying school district, and until appointment of a school reform board for a qualifying school district under this part, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the mayor. Upon appointment of a school reform board for a qualifying school district under this part, and until appointment of a chief executive officer under section 374, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the school reform board. Upon appointment of a chief executive officer for a qualifying school district under section 374, each employee of the qualifying school district whose position is not covered by a collective bargaining agreement is employed at the will of the chief executive officer. (7) Not later than 90 days after the initial appointment of a chief executive officer under this part, and at least annually thereafter, the chief executive officer with the approval of the school reform board shall develop and submit to the school district accountability board created in section 376 a school district improvement plan that includes at least detailed academic, financial, capital, and operational goals and benchmarks for improvement and a description of strategies to be used to accomplish those goals and benchmarks. The plan also shall include an assessment of available resources and recommendations concerning additional resources or changes in statute or rule, if any, needed to meet those goals and benchmarks. The plan also shall include an evaluation of local school governance issues, including criteria for establishing building-level governance. (8) A chief executive officer with the approval of the school reform board for the qualifying school district shall submit an annual report to the mayor, governor, school district accountability board created in section 376, and legislature and shall make the annual report available to the community in the qualifying school district. The annual report shall contain at least all of the following: (a) A summary of the initiatives that have been implemented to improve school quality in the qualifying school district. (b) Measurements that may be useful in determining improvements in school quality in the qualifying school district. These measurements shall indicate changes from baseline data from the school year before the appointment of the school reform board, and shall include at least all of the following: (i) Standardized test scores of pupils. (ii) Dropout rates. (iii) Daily attendance figures. (iv) Enrollment figures. (v) High school completion and other pertinent completion rates. (vi) Changes made in course offerings. (vii) Proportion of school district resources devoted to direct educational services. (c) A description of long-term performance goals that may include statewide averages or comparable measures of long-term improvement. (9) A school reform board may organize and establish community assistance teams to work with the school reform board to implement a cohesive, full service community school program addressing the needs and concerns of the qualifying school districts population. The school reform board may delegate to a community assistance team the authority to devise and implement family, community, cultural, and recreational activities to assure that the academic mission of the schools is successful. The community assistance teams may also develop parental involvement activities that focus on the encouragement of voluntary parenting education, enhancing parent and family involvement in education, and promoting adult and family literacy. (10) The Except as otherwise provided in section 375(2), the mayor, superintendent of public instruction, state board, school district accountability board created in section 376, this state, the city in which a qualifying school district is located, a school reform board established under this part, or a chief executive officer or other officer appointed under section 374 is not liable for any obligation of or claim against a qualifying school district resulting from an action taken under this part. Sec. 375. (1) After the expiration of 5 years after the initial appointment of a school reform board in a qualifying school district under this part, all of the following apply: (a) The question under section 410 shall be presented to the school electors of the school district as provided in that section. Effective on the next January 1 occurring at least 1 year after that question is presented to the school electors under section 410, the school district shall be governed by the system of school board governance or combined chief executive officer and school board governance, as applicable, as in effect in the school district as a result of that ballot question. (b) Effective on the next January 1 occurring at least 1 year after the question under section 410 is presented to the school electors, the powers of the school reform board established for the qualifying school district under this part, of the chief executive officer appointed under this part, and of all other officers appointed under this part cease. This subdivision does not prohibit the chief executive officer from serving as the interim chief executive officer under section 420, and does not prohibit the chief executive officer from retaining an officer or employee appointed or hired by the chief executive officer. (c) Effective on the next January 1 occurring at least 1 year after the question under section 410 is presented to the school electors, the provisions of this part, other than subsection (2), do not apply to that qualifying school district. (2) If a qualifying school district has an operating deficit as of the next January 1 occurring at least 1 year after the question under section 410 is presented to the school electors, this state shall assume responsibility for that operating deficit. The legislature shall appropriate sufficient funds to the school district to allow the school district to eliminate the operating deficit. This subsection applies to a school district in which the question under section 410 is presented to the school electors in 2004 or later
|
Education; reorganization; deficits incurred while reform board in place for qualifying school districts; require assumption by state. Amends secs. 373 & 375 of 1976 PA 451 (MCL 380.373 & 380.375)
|
Insurance; no-fault; health care steering by auto insurance companies; prohibit, and provide for certain information. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2110c
|
A bill to amend, entitled The insurance code of 1956, o 500.8302) by adding section 2110c. Sec. 2110c. (1) An automobile insurance policy and an automobile insurer and its employees, agents, and adjusters shall not unreasonably restrict an insured from using a particular health care provider or facility for health care services covered by the policy. (2) An automobile insurer shall disclose, prior to or at the time a claim is filed with the insurer, whether the insurer has an agreement with any health care provider or facility to provide health care services to an insured and shall inform an insured that he or she is under no obligation to use a particular health care provider or facility. (3) The office of financial and insurance regulation shall develop a plan whereby the office informs consumers of their rights regarding insurance coverage of health care services and of the insureds ability to report violations of their rights to the office of financial and insurance regulation through the offices toll-free telephone number or website. The plan shall be developed and submitted to the senate and house of representatives standing committees on insurance issues not later than 6 months after the effective date of the amendatory act that added this section and shall be operational not later than 9 months after the effective date of the amendatory act that added this section
|
Insurance; no-fault; health care steering by auto insurance companies; prohibit, and provide for certain information. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2110c
|
Courts; juries; option of juries in criminal trials comprised of residents of same municipality in which defendant resides; provide for in cities of over 750,000. Amends secs. 1321 & 1324 of 1961 PA 236 (MCL 600.1321 & 600.1324)
|
A bill to amend, entitled Revised judicature act of 1961, by amending sections 1321 and 1324 and 600.1324), as amended by. Sec. 1321. (1) The names of those persons on the first jury list whom the board accepts as persons qualified for and not exempt from jury service shall be compiled into a list to be known as the second jury list. The list shall remain sealed until otherwise ordered by the chief circuit judge. (2) The board shall make an additional list consisting of the names on the second jury list segregated by the geographical area of the jurisdiction of each district court district. If there are not sufficient names on the segregated list for any district court district, the board shall apply again the key number to that district only and obtain as many additional jurors as needed for that district. (3) If a city having a population of 750,000 or more is within the county, the jury board shall make an additional list consisting of the names on the second jury list of persons who reside in that city. Sec. 1324. (1) From time to time, the chief judge of each court of record in the county shall order the board to select jurors for jury service. Each such order shall contain all of the following information: (a) A time limit within which the selection shall be completed. (b) The number of jurors to be selected for a panel. (c) The number of panels to be selected. (d) The court or courts in which each panel shall serve. (e) The period of service of each panel, subject to section 1343. (2) Upon Except as provided in subsection (4), upon the order of the chief circuit judge, jury panels or parts of jury panels selected for any court in the county may be used for jury selection in any court of record in the county, if jurors on the panel or part of a panel selected for such use are otherwise eligible to serve as jurors in the particular court. (3) If a city located in more than 1 county is placed entirely within a single district of the district court pursuant to chapter 81, the supreme court by rule shall specify the procedure for compiling the second jury list for that district court district so as to include names and addresses of residents from the parts of the counties which comprise that district. (4) Upon the request of the defendant in a criminal trial held in circuit or district court in a city having a population of 750,000 or more, the jurors serving in that trial all shall be residents of that city. This subsection does not take effect unless the option of allowing defendants in criminal trials to request juries consisting entirely of residents of that city is approved by the city in either of the following ways: (a) The legislative body of the city, by a resolution approved by a majority of its members, approves that option. (b) The city submits to the voters of the city the question of approving that option and a majority of the qualified voters who vote on that question approve that option
|
Courts; juries; option of juries in criminal trials comprised of residents of same municipality in which defendant resides; provide for in cities of over 750,000. Amends secs. 1321 & 1324 of 1961 PA 236 (MCL 600.1321 & 600.1324)
|
Family law; child support; termination of child support obligations when DNA evidence demonstrates payer is not the biological parent; provide for. Amends 1982 PA 295 (MCL 552.601 - 552.650) by adding sec. 5f
|
Childrens Services. A bill to amend, entitled Support and parenting time enforcement act, o 552.650) by adding section 5f. Sec. 5f. (1) An individual may file a motion for relief from a court order that states that the individual is a childs father or that requires the individual to pay child support. Except as otherwise provided in this section, the court shall vacate the order stating that the individual is the childs father or terminate the child support order if the court finds both of the following: (a) The individual is not the childs adoptive father. (b) Genetic testing results admitted into evidence exclude the individual as the childs father. (2) The court shall not grant a motion under subsection (1) if the court finds that the individual who filed the motion knew of genetic testing results that excluded the individual as the childs parent more than 6 months before the motion was filed and the individual cannot show good cause for the failure to file the motion within 6 months after obtaining the test results. (3) The court shall not grant a motion under subsection (1) if the court finds that, after the individual who filed the motion knows that he is not the childs biological parent, any of the following occur: (a) The individual acknowledges paternity of the child in writing. (b) The individual consents to his name being entered as the childs biological father on the childs birth certificate. (c) The individual is determined to be the childs father in an action under the paternity act, o 722.730. (d) The state registrar files an acknowledgment of parentage in which the individual declares himself to be the childs biological father. (e) The individual otherwise admits that he is, or acknowledges himself as, the childs biological father. (4) An individual shall file a motion under subsection (1) with the court that issued the order from which the individual seeks relief. (5) In a proceeding under this section, the court, on application made by or on behalf of either party or on its own motion, shall order the child, the childs mother, and the individual who filed the motion under subsection (1) to submit to genetic testing within 30 days after the order requiring genetic testing is issued. Genetic testing under this section is subject to the same procedures as genetic testing ordered under section 6 of the paternity act, (6) If the court grants a motion under subsection (1), and the individual who filed the motion and child are also the subjects of a parenting time order, the court shall determine whether to terminate, modify, or continue the parenting time order based upon the best interests of the child. If the court grants a motion under subsection (1) to terminate a child support order and an arrearage exists under that order, the court may retroactively modify the arrearage. (7) If the court grants a motion under subsection (1), the court shall order the childs mother to reimburse the individual who filed the motion for all child support payments that the individual has previously paid to her. (8) If a motion under subsection (1) is denied, the court shall order the individual who filed the motion to pay the costs of the action and each opposing partys reasonable attorney fees. (9) As used in this section, genetic testing means blood or tissue typing or DNA identification profiling as described in and prescribed by the paternity act, o 722.730
|
Family law; child support; termination of child support obligations when DNA evidence demonstrates payer is not the biological parent; provide for. Amends 1982 PA 295 (MCL 552.601 - 552.650) by adding sec. 5f
|
Labor; public service employment; restriction on residency requirement for employment; repeal. Repeals 1999 PA 212 (MCL 15.601 - 15.603)
|
A bill to repeal, entitled An act to restrict certain governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion, o 15.603). Enacting section 1., o 15.603, is repealed
|
Labor; public service employment; restriction on residency requirement for employment; repeal. Repeals 1999 PA 212 (MCL 15.601 - 15.603)
|
Education; public school academies; community college to act as authorizing body for charter schools in first class school district; allow. Amends secs. 502 & 1311d of 1976 PA 451 (MCL 380.502 & 380.1311d)
|
A bill to amend, entitled The revised school code, by amending sections 502 and 1311d and 380.1311d), section as amended by and section 1311d as added by. Sec. 502. (1) A public school academy shall be organized and administered under the direction of a board of directors in accordance with this part and with bylaws adopted by the board of directors. A public school academy corporation shall be organized under the nonprofit corporation act, being sections 450.2101 to 450.3192 of the, o 450.3192, except that a public school academy corporation is not required to comply with sections to 177 of, being sections 450.170 to 450.177 of the, o 450.177. To the extent disqualified under the state or federal constitution, a public school academy shall not be organized by a church or other religious organization and shall not have any organizational or contractual affiliation with or constitute a church or other religious organization. (2) Any of the following may act as an authorizing body to issue a contract to organize and operate 1 or more public school academies under this part: (a) The board of a school district that operates grades K to 12. However, the board of a school district shall not issue a contract for a public school academy to operate outside the school districts boundaries, and a public school academy authorized by the board of a school district shall not operate outside that school districts boundaries. (b) An intermediate school board. However, the board of an intermediate school district shall not issue a contract for a public school academy to operate outside the intermediate school districts boundaries, and a public school academy authorized by the board of an intermediate school district shall not operate outside that intermediate school districts boundaries. (c) The board of a community college. However, except as otherwise provided in this subdivision, the board of a community college shall not issue a contract for a public school academy to operate in a school district organized as a school district of the first class, a public school academy authorized by the board of a community college shall not operate in a school district organized as a school district of the first class, the board of a community college shall not issue a contract for a public school academy to operate outside the boundaries of the community college district, and a public school academy authorized by the board of a community college shall not operate outside the boundaries of the community college district. The board of a community college also may issue a contract for not more than 1 public school academy to operate on the grounds of an active or closed federal military installation located outside the boundaries of the community college district, or may operate a public school academy itself on the grounds of such a federal military installation, if the federal military installation is not located within the boundaries of any community college district and the community college has previously offered courses on the grounds of the federal military installation for at least years. (d) The governing board of a state public university. However, the combined total number of contracts for public school academies issued by all state public universities shall not exceed 85 through 1996, and, after the initial evaluation under section 501a, shall not exceed 100 through 1997, 125 through 1998, or 150 thereafter. Further, the total number of contracts issued by any 1 state public university shall not exceed 50 through 1996, and thereafter shall not exceed 50% of the maximum combined total number that may be issued under this subdivision. (3) To obtain a contract to organize and operate 1 or more public school academies, 1 or more persons or an entity may apply to an authorizing body described in subsection (2). The application shall include at least all of the following: (a) Identification of the applicant for the contract. (b) Subject to the resolution adopted by the authorizing body under section 503(4) 503, a list of the proposed members of the board of directors of the public school academy and a description of the qualifications and method for appointment or election of members of the board of directors. (c) The proposed articles of incorporation, which shall include at least all of the following: (i) The name of the proposed public school academy. (ii) The purposes for the public school academy corporation. This language shall provide that the public school academy is incorporated pursuant to this part and that the public school academy corporation is a governmental entity. (iii) The name of the authorizing body. (iv) The proposed time when the articles of incorporation will be effective. (v) Other matters considered expedient to be in the articles of incorporation. (d) A copy of the proposed bylaws of the public school academy. (e) Documentation meeting the application requirements of the authorizing body, including at least all of the following: (i) The governance structure of the public school academy. (ii) A copy of the educational goals of the public school academy and the curricula to be offered and methods of pupil assessment to be used by the public school academy. To the extent applicable, the progress of the pupils in the public school academy shall be assessed using at least a Michigan education assessment program (MEAP) test or an assessment instrument developed under section 1279 for a state-endorsed high school diploma or 1279g. (iii) The admission policy and criteria to be maintained by the public school academy. The admission policy and criteria shall comply with section 504. This part of the application also shall include a description of how the applicant will provide to the general public adequate notice that a public school academy is being created and adequate information on the admission policy, criteria, and process. (iv) The school calendar and school day schedule. (v) The age or grade range of pupils to be enrolled. (f) Descriptions of staff responsibilities and of the public school academys governance structure. (g) For an application to the board of a school district, an intermediate school board, or board of a community college, identification of the local and intermediate school districts in which the public school academy will be located. (h) An agreement that the public school academy will comply with the provisions of this part and, subject to the provisions of this part, with all other state law applicable to public bodies and with federal law applicable to public bodies or school districts. (i) For a public school academy authorized by a school district, an assurance that employees of the public school academy will be covered by the collective bargaining agreements that apply to other employees of the school district employed in similar classifications in schools that are not public school academies. (j) A description of and address for the proposed physical plant in which the public school academy will be located. (4) An authorizing body shall oversee, or shall contract with an intermediate school district, community college, or state public university to oversee, each public school academy operating under a contract issued by the authorizing body. The oversight shall be sufficient to ensure that the authorizing body can certify that the public school academy is in compliance with statute, rules, and the terms of the contract. (5) If the state board superintendent of public instruction finds that an authorizing body is not engaging in appropriate continuing oversight of 1 or more public school academies operating under a contract issued by the authorizing body, the state board superintendent of public instruction may suspend the power of the authorizing body to issue new contracts to organize and operate public school academies. A contract issued by the authorizing body during the suspension is void. A contract issued by the authorizing body before the suspension is not affected by the suspension. (6) An authorizing body shall not charge a fee, or require reimbursement of expenses, for considering an application for a contract, for issuing a contract, or for providing oversight of a contract for a public school academy in an amount that exceeds a combined total of 3% of the total state school aid received by the public school academy in the school year in which the fees or expenses are charged. An authorizing body may provide other services for a public school academy and charge a fee for those services, but shall not require such an arrangement as a condition to issuing the contract authorizing the public school academy. (7) A public school academy shall be presumed to be legally organized if it has exercised the franchises and privileges of a public school academy for at least 2 years. Sec. 1311d. (1) A strict discipline academy shall be organized and administered under the direction of a board of directors in accordance with sections 1311b to 1311l and with bylaws adopted by the board of directors. A strict discipline academy corporation created to operate a strict discipline academy shall be organized under the nonprofit corporation act, o 450.3192, except that the strict discipline academy corporation is not required to comply with sections 170 to 177 of, o 450.177. To the extent disqualified under the state or federal constitution, a strict discipline academy shall not be organized by a church or other religious organization and shall not have any organizational or contractual affiliation with or constitute a church or other religious organization. (2) Any of the following may act as an authorizing body to issue a contract to organize and operate 1 or more strict discipline academies under sections 1311b to 1311l: (a) The board of a school district that operates grades K to 12. However, the board of a school district shall not issue a contract for a strict discipline academy to operate outside the school districts boundaries, and a strict discipline academy authorized by the board of a school district shall not operate outside that school districts boundaries. (b) An intermediate school board. However, the board of an intermediate school district shall not issue a contract for a strict discipline academy to operate outside the intermediate school districts boundaries, and a strict discipline academy authorized by the board of an intermediate school district shall not operate outside that intermediate school districts boundaries. (c) The board of a community college. However, except as otherwise provided in this subdivision, the board of a community college shall not issue a contract for a strict discipline academy to operate in a school district organized as a school district of the first class, a strict discipline academy authorized by the board of a community college shall not operate in a school district organized as a school district of the first class, the board of a community college shall not issue a contract for a strict discipline academy to operate outside the boundaries of the community college district, and a strict discipline academy authorized by the board of a community college shall not operate outside the boundaries of the community college district. The board of a community college also may issue a contract for not more than strict discipline academy to operate on the grounds of an active or closed federal military installation located outside the boundaries of the community college district, or may operate a strict discipline academy itself on the grounds of such a federal military installation, if the federal military installation is not located within the boundaries of any community college district and the community college has previously offered courses on the grounds of the federal military installation for at least 10 years. (d) The governing board of a state public university. (3) To obtain a contract to organize and operate 1 or more strict discipline academies, 1 or more persons or an entity may apply to an authorizing body described in subsection (2). The application shall include at least all of the following: (a) Identification of the applicant for the contract. (b) Subject to the resolution adopted by the authorizing body under section 1311e, a list of the proposed members of the board of directors of the strict discipline academy and a description of the qualifications and method for appointment or election of members of the board of directors. (c) The proposed articles of incorporation, which shall include at least all of the following: (i) The name of the proposed strict discipline academy. (ii) The purposes for the strict discipline academy corporation that will operate the strict discipline academy. This language shall provide that the strict discipline academy is established pursuant to sections 1311b to 1311l and that the strict discipline academy corporation is a governmental entity. (iii) The name of the authorizing body. (iv) The proposed time when the articles of incorporation will be effective. (v) Other matters considered expedient to be in the articles of incorporation. (d) A copy of the proposed bylaws of the strict discipline academy. (e) Documentation meeting the application requirements of the authorizing body, including at least all of the following: (i) The governance structure of the strict discipline academy. (ii) A copy of the educational goals of the strict discipline academy and the curricula to be offered and methods of pupil assessment to be used by the strict discipline academy. To the extent applicable, the progress of the pupils in the strict discipline academy shall be assessed using at least a Michigan education assessment program (MEAP) test or an assessment instrument developed under section 1279 for a state-endorsed high school diploma or 1279g. (iii) The admission policy and criteria to be maintained by the strict discipline academy. The admission policy and criteria shall comply with section 1311g. This part of the application also shall include a description of how the applicant will provide to the general public adequate notice that a strict discipline academy is being created and adequate information on the admission policy, criteria, and process. (iv) The school calendar and school day schedule. (v) The age or grade range of pupils to be enrolled. (vi) The type of pupils to be enrolled in the strict discipline academy, as described in section 1311g(3) and (4). (f) Descriptions of staff responsibilities and of the strict discipline academys governance structure. (g) For an application to the board of a school district, an intermediate school board, or board of a community college, identification of the local and intermediate school districts in which the strict discipline academy will be located. (h) An agreement that the strict discipline academy will comply with the provisions of sections 1311b to 1311l and, subject to the provisions of these sections, with all other state law applicable to public bodies and with federal law applicable to public bodies or school districts. (i) For a strict discipline academy authorized by a school district, an assurance that employees of the strict discipline academy will be covered by the collective bargaining agreements that apply to other employees of the school district employed in similar classifications in schools that are not strict discipline academies. (j) A description of and address for the proposed physical plant in which the strict discipline academy will be located. (4) An authorizing body shall oversee, or shall contract with an intermediate school district, community college, or state public university to oversee, each strict discipline academy operating under a contract issued by the authorizing body. The oversight shall be sufficient to ensure that the authorizing body can certify that the strict discipline academy is in compliance with statute, rules, and the terms of the contract. (5) If the state board superintendent of public instruction finds that an authorizing body is not engaging in appropriate continuing oversight of 1 or more strict discipline academies operating under a contract issued by the authorizing body, the state board superintendent of public instruction may suspend the power of the authorizing body to issue new contracts to organize and operate strict discipline academies. A contract issued by the authorizing body during the suspension is void. A contract issued by the authorizing body before the suspension is not affected by the suspension. (6) An authorizing body shall not charge a fee, or require reimbursement of expenses, for considering an application for a contract, for issuing a contract, or for providing oversight of a contract for a strict discipline academy in an amount that exceeds a combined total of 3% of the total state school aid received by the strict discipline academy in the school year in which the fees or expenses are charged. An authorizing body may provide other services for a strict discipline academy and charge a fee for those services, but shall not require such an arrangement as a condition to issuing the contract authorizing the strict discipline academy. (7) A strict discipline academy shall be presumed to be legally organized if it has exercised the franchises and privileges of a strict discipline academy for at least 2 years
|
Education; public school academies; community college to act as authorizing body for charter schools in first class school district; allow. Amends secs. 502 & 1311d of 1976 PA 451 (MCL 380.502 & 380.1311d)
|
Insurance; no-fault; territorial rating; prohibit. Amends sec. 2111 of 1956 PA 218 (MCL 500.2111)
|
A bill to amend, entitled The insurance code of 1956, by amending Sec. 2111. (1) Notwithstanding any provision of this act and this chapter to the contrary, classifications and territorial base rates used by any insurer in this state with respect to automobile insurance or home insurance shall conform to the applicable requirements of this section. (2) Classifications established pursuant to this section for automobile insurance shall be based only upon 1 or more of the following factors, which shall be applied by an insurer on a uniform basis throughout the state: (a) With respect to all automobile insurance coverages: (i) Either the age of the driver; the length of driving experience; or the number of years licensed to operate a motor vehicle. (ii) Driver primacy, based upon the proportionate use of each vehicle insured under the policy by individual drivers insured or to be insured under the policy. (iii) Average miles driven weekly, annually, or both. (iv) Type of use, such as business, farm, or pleasure use. (v) Vehicle characteristics, features, and options, such as engine displacement, ability of vehicle and its equipment to protect passengers from injury and other similar items, including vehicle make and model. (vi) Daily or weekly commuting mileage. (vii) Number of cars insured by the insurer or number of licensed operators in the household. However, number of licensed operators shall not be used as an indirect measure of marital status. (viii) Amount of insurance. (b) In addition to the factors prescribed in subdivision (a), with respect to personal protection insurance coverage: (i) Earned income. (ii) Number of dependents of income earners insured under the policy. (iii) Coordination of benefits. (iv) Use of a safety belt. (c) In addition to the factors prescribed in subdivision (a), with respect to collision and comprehensive coverages: (i) The anticipated cost of vehicle repairs or replacement, which may be measured by age, price, cost new, or value of the insured automobile, and other factors directly relating to that anticipated cost. (ii) Vehicle make and model. (iii) Vehicle design characteristics related to vehicle damageability. (iv) Vehicle characteristics relating to automobile theft prevention devices. (d) With respect to all automobile insurance coverage other than comprehensive, successful completion by the individual driver or drivers insured under the policy of an accident prevention education course that meets the following criteria: (i) The course shall include a minimum of 8 hours of classroom instruction. (ii) The course shall include, but not be limited to, a review of all of the following: (A) The effects of aging on driving behavior. (B) The shapes, colors, and types of road signs. (C) The effects of alcohol and medication on driving. (D) The laws relating to the proper use of a motor vehicle. (E) Accident prevention measures. (F) The benefits of safety belts and child restraints. (G) Major driving hazards. (H) Interaction with other highway users such as motorcyclists, bicyclists, and pedestrians. (3) Each insurer shall establish a secondary or merit rating plan for automobile insurance, other than comprehensive coverage. A secondary or merit rating plan required under this subsection shall provide for premium surcharges for any or all coverages for automobile insurance, other than comprehensive coverage, based upon any or all of the following, when that information becomes available to the insurer: (a) Substantially at-fault accidents. (b) Convictions for, determinations of responsibility for civil infractions for, or findings of responsibility in probate court for civil infractions for, violations under chapter VI of the Michigan vehicle code, o 257.750. However, beginning 90 days after the effective date of this sentence May 28, 1996, an insured shall not be merit rated for a civil infraction under chapter VI of the Michigan vehicle code, o 257.750, for a period of time longer than that which the secretary of states office carries points for that infraction on the insureds motor vehicle record. (4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based upon sex or marital status. (5) Notwithstanding other provisions of this chapter, automobile insurance risks may shall not be grouped by territory. (6) This section shall not be construed as limiting insurers or rating organizations from establishing and maintaining statistical reporting territories. This section shall not be construed to prohibit an insurer from establishing or maintaining, for automobile insurance, a premium discount plan for senior citizens in this state who are 65 years of age or older, if the plan is uniformly applied by the insurer throughout this state. If an insurer has not established and maintained a premium discount plan for senior citizens, the insurer shall offer reduced premium rates to senior citizens in this state who are 65 years of age or older and who drive less than 3,000 miles per year, regardless of statistical data. (7) Classifications established pursuant to this section for home insurance other than inland marine insurance provided by policy floaters or endorsements shall be based only upon 1 or more of the following factors: (a) Amount and types of coverage. (b) Security and safety devices, including locks, smoke detectors, and similar, related devices. (c) Repairable structural defects reasonably related to risk. (d) Fire protection class. (e) Construction of structure, based on structure size, building material components, and number of units. (f) Loss experience of the insured, based upon prior claims attributable to factors under the control of the insured that have been paid by an insurer. An insureds failure, after written notice from the insurer, to correct a physical condition that presents a risk of repeated loss shall be considered a factor under the control of the insured for purposes of this subdivision. (g) Use of smoking materials within the structure. (h) Distance of the structure from a fire hydrant. (i) Availability of law enforcement or crime prevention services. (8) Notwithstanding other provisions of this chapter, home insurance risks may be grouped by territory. (9) An insurer may utilize factors in addition to those specified in this section, if the commissioner finds, after a hearing held pursuant to the administrative procedures act of 1969, o 24.328, that the factors would encourage innovation, would encourage insureds to minimize the risks of loss from hazards insured against, and would be consistent with the purposes of this chapter. Enacting section 1. This amendatory act takes effect January 1, 2010
|
Insurance; no-fault; territorial rating; prohibit. Amends sec. 2111 of 1956 PA 218 (MCL 500.2111)
|
Consumer credit; predatory lending; consumer mortgage protection act; replace with home loan protection act. Amends title & secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 of 2002 PA 660 (MCL 445.1631 et seq.) & adds secs. 7a & 7b
|
Financial Services. A bill to amend, entitled Consumer mortgage protection act, by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 445.1632, 445.1633, 445.1634, 445.1635, 445.1636, 445.1637, 445.1638, 445.1639, 445.1640, 445.1641, 445.1642, 445.1643, 445.1644, and 445.1645) and by adding sections 7a and 7b. TITLE An act to prohibit certain lending practices; to require disclosure of certain information for home loans and high-cost home loans; to prescribe certain duties and obligations of the lender in a home loan or high-cost home loan transaction; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide for remedies. Sec. 1. This act shall be known and may be cited as the consumer mortgage home loan protection act. Sec. 2. (1) As used in this act: (a) Affiliate means a company that controls, is controlled by, or is under common control with another company. (b) Annual percentage rate means an annual percentage rate for a loan determined under 12 CFR part 226. (c) Bona fide discount points means an amount paid by a borrower that meets all of the following: (i) It is knowingly paid by the borrower for the express purpose of reducing the interest rate applicable to a home loan. (ii) It results in a bona fide reduction of the interest rate applicable to the home loan. (iii) It is paid in connection with a home loan for which the undiscounted interest rate does not exceed the conventional mortgage rate by 2 or more percentage points for a home loan secured by a first lien or by 3-1/2 or more percentage points for a home loan secured by a subordinated lien. (d) Borrower means any natural person obligated to repay a loan. The term includes a coborrower, cosigner, or guarantor. (e) (a) Commissioner means the commissioner of the office of financial and insurance services regulation of the department of consumer and industry services energy, labor, and economic growth. (b) Depository institution means a bank, savings and loan association, savings bank, or a credit union chartered under state or federal law. (c) Home improvement installment contract means an agreement of or more documents covering the sale of goods or furnishing of services to a buyer for improvements to the buyers principal dwelling located in this state used for occupancy of 4 or fewer families under which the buyer promises to pay in installments all or any part of the price of the goods or services. (d) Mortgage loan means a loan or home improvement installment contract secured by a first or subordinate mortgage or any other form of lien or a land contract covering real property located in this state used as the borrowers principal dwelling and designed for occupancy by 4 or fewer families. Mortgage loan does not include any of the following: (i) Loans in which the proceeds are used to acquire the dwelling. (ii) Reverse-mortgage transactions. (iii) An open-end credit plan being a loan in which the lender reasonably contemplates repeated advances. (f) Company means a person other than a natural person. (g) Conventional mortgage rate means the most recently published annual yield on conventional mortgages published by the board of governors of the federal reserve system in statistical release H.15 as of the applicable time set forth in 12 CFR 226.32(a)(1)(i). (h) Subject to subsection (3), creditor means a lender, as that term is defined in 24 CFR 3500.2, or a mortgage broker. (i) Depository financial institution means a state or nationally chartered bank, a state or federally chartered savings and loan association, savings bank, or credit union, or an entity of the federally chartered farm credit system. (j) In connection with a home loan, excluded points and fees means or more of the following: (i) An amount that is not more than 2% of the total loan amount, attributable to bona fide fees paid to a federal or state government agency that insures payment of some portion of a home loan. (ii) An amount that is not more than 2% of the loan amount, attributable to bona fide discount points. (iii) Government fees. (k) High-cost home loan means a home loan in which the terms of the loan meet or exceed 1 or more thresholds. The term does not include a government-sponsored loan. (l) Home loan means a closed-end or open-end credit plan or other extension of credit that meets all of the following: (i) It does not exceed the maximum original principal obligation as set forth in section 305(a)(2) of the federal home loan mortgage act, 12 USC 1454(a)(2). (ii) It meets the requirements for a federally related mortgage loan under 24 CFR 3500.2. (iii) It is not a reverse mortgage transaction or a loan primarily for business, agricultural, or commercial purposes. (m) Index means a published index rate to which the interest rate on a home loan is tied. (n) Margin means the number of percentage points a creditor adds to an index to calculate the interest rate at each adjustment period, as set forth in the loan agreement (o) Mortgage broker means that term as defined in 24 CFR 3500.2. (p) (e) Person means an individual, corporation, limited liability company, partnership, association, governmental entity, or any other legal entity. (f) Reverse-mortgage means a nonrecourse loan under which both of the following apply: (i) A mortgage or other form of lien securing 1 or more advances is created in the borrowers principal dwelling. (ii) The principal, interest, or shared appreciation or equity is payable only after the borrower dies, the dwelling is transferred, or the borrower ceases to occupy the dwelling as a principal dwelling. (g) Regulated lender means a depository institution or a licensee or a registrant under the consumer financial services act, o 487.2072, o 493.114, the secondary mortgage loan act, o 493.81, or the mortgage brokers, lenders, and servicers licensing act, o 445.1684, and a seller under the home improvement finance act, o 445.1431. (h) State and federal laws means, individually and collectively, or more of the laws or regulations of this state or the federal government which regulate or are applicable to a mortgage loan or a person when brokering, making, servicing, or collecting a mortgage loan, including, without limitation, the federal truth in lending act, title I of the consumer credit protection act, Public Law 90-321, 15 U. S. C. 1601 to 1608, 1610 to 1613, 1615, 1631 to 1635, 1637 to 1649, and 1661 to 1667f, real estate settlement procedures act of 1974, Public Law 93-533, 88 Stat. 1724, equal credit opportunity act, title VII of the consumer credit protection act, Public Law 90-321, 15 U. S. C. 1691 to 1691f, fair housing act, title VIII of the civil rights act of 1968, Public Law 90-284, 82 Stat. 81, fair credit report act, title VI of the consumer credit protection act, Public Law 90-321, 15 U. S. C. 1681 to 1681v, the homeowners protection act of 1998, Public Law 105-216, Stat. 897, the fair debt collection practices act, title VIII of the consumer credit protection act, Public Law 90- 321, U. S. C. 1601nt and 1692 to 1692o, consumer financial services act, o 487.2072, mortgage brokers, lenders, and servicers licensing act, o 445.1684, the secondary mortgage loan act, o 493.81, o 445.1614, and home improvement finance act, o 445.1422. (q) Subject to subsection (2), points and fees means all of the following: (i) All items included in the definition of finance charge in CFR 226.4(a) and 12 CFR 226.4(b), except interest or the time price differential. (ii) All items described in 12 CFR 226.32(b)(1)(iii). (iii) All compensation paid directly or indirectly to a mortgage broker from any source, including a mortgage broker that originates a loan in its own name or in a table-funded transaction. (iv) The cost of all premiums directly or indirectly financed by the creditor for any credit life, credit disability, or credit property insurance in which the creditor is named as a beneficiary, or any other life or health insurance, or any payments directly or indirectly financed by the creditor for any debt cancellation or suspension agreement or contract. However, insurance premiums paid on a monthly basis or debt cancellation or suspension fees calculated and paid on a monthly basis are not considered financed by the creditor. (v) The maximum prepayment fees and penalties that may be charged or collected under the terms of the loan documents. (vi) All prepayment fees or penalties that are incurred by the borrower if the loan refinances a previous loan originated or currently held by the same creditor or an affiliate of the creditor. (vii) For an open-end loan, points and fees are calculated by adding the total points and fees known at or before closing, including the maximum prepayment penalties that may be charged or collected under the terms of the loan documents, plus the minimum additional fees the borrower must pay to draw down an amount equal to the total credit line. (r) Rate threshold means an annual percentage rate that equals or exceeds the rate calculated under 12 CFR 226.32(a)(1)(i), whether the home loan is a residential mortgage transaction or an extension of open-end credit as those terms are defined in 12 CFR 226.2. (s) Table-funded transaction means a loan transaction closed by a mortgage broker in the mortgage brokers own name with funds advanced by a person other than the mortgage broker in which the loan is assigned contemporaneously or within 1 business day of the funding of the loan to the person that advances the funds. (t) Threshold means a rate threshold or a total points and fees threshold. (u) Total loan amount means the principal of the loan minus those points and fees described in subsection (2) that are included in the principal amount of the loan. For an open-end loan, the total loan amount is calculated using the total line of credit allowed under the home loan at closing. (v) Total points and fees threshold means 1 of the following, as applicable: (i) For a home loan in which the total loan amount is $20,000.00 or more, the total points and fees payable in connection with the home loan after subtracting any excluded points and fees exceed 5% of the total loan amount. (ii) For a home loan in which the total loan amount is less than $20,000.00, the total points and fees payable in connection with the home loan after subtracting any excluded points and fees exceed $1,000.00 or 8% of the total loan amount, whichever is less. (2) Points and fees do not include any of the following: (a) Taxes, filing fees, recording fees, or other charges or fees paid to or required by a public official for determining the existence of or for perfecting, releasing, or satisfying a security interest. (b) Bona fide and reasonable fees paid to a person other than a creditor or an affiliate of the creditor for any of the following: (i) Tax payment services. (ii) Flood certification. (iii) Pest infestation or flood determination. (iv) Appraisal. (v) Inspections performed before the closing. (vi) Credit reports. (vii) Surveys. (viii) Attorney fees, if the borrower has the right to select the attorney from an approved list or otherwise. (ix) Notary fees. (x) Escrow charges in addition to any paid under subdivision (a). (xi) Title insurance premiums. (xii) Fire and hazard insurance and flood insurance premiums, if the conditions in 12 CFR 226.4(d)(2) are met. (xiii) Fees for preparing loan documents, including, but not limited to, deeds, mortgages, and settlement documents. (3) This act does not apply to a depository financial institution or an operating subsidiary of a depository financial institution. Sec. 3. (1) A person shall broker, make, or service mortgage loans in accordance with all applicable state and federal laws. A creditor shall not directly or indirectly finance any credit life, credit disability, or credit unemployment insurance in which the creditor is named as a beneficiary, any other life or health insurance, or any payments directly or indirectly for any debt cancellation or suspension agreement or contract. However, insurance premiums or debt cancellation or suspension fees calculated and paid in equal monthly installments are not considered financed by the creditor. (2) A creditor shall not knowingly or intentionally make a home loan to a borrower that refinances an existing home loan if the new loan does not have reasonable, tangible net benefit to the borrower considering all of the circumstances. As used in this subsection, reasonable, tangible net benefit includes, but is not limited to, 1 or more of the following: (a) The borrower receives an amount of cash-out from the new loan that is equal to or more than 1-1/2 times the amount of borrower-paid closing costs that are imposed by the creditor for originating the loan, as disclosed on the HUD-1 settlement statement, plus the amount of any prepayment penalty paid on the refinanced loan. (b) There is a beneficial change for the borrower in the new loan, including, but not limited to, a reduction in the term of the refinanced loan; the new loan refinances an adjustable rate mortgage that is approaching the interest rate reset date; the new loan converts an adjustable rate loan to a fixed rate loan; the new loan converts a balloon loan to a loan without a balloon payment; the new loan extends the term of the loan to reduce the amount of the installment payments; or the new loan converts a non-fully amortized loan to a fully amortized loan that requires principal reduction with each payment. However, a new loan does not have a reasonable, tangible net benefit under this subdivision if the loan is refinanced into an adjustable rate loan with a fixed-rate term of fewer than 3 years or if the borrower will not recoup the total cost of the refinancing within 4 years. (c) The loan is to pay the balance of a land contract; refinance a lease option; or remove or buy out another borrower from a mortgage or from the title to a mortgaged dwelling, with a court order or other evidence that the other borrower no longer resides in that dwelling. (d) The new loan is for debt consolidation, curing of delinquent debts, refinancing to a lower loan-to-value ratio, or other financial improvement. However, this subdivision is not met if the loan is refinanced into an adjustable rate loan with a fixed-rate term of fewer than 3 years or if the borrower will not recoup the total cost of the refinancing within 4 years. (e) Refinancing is necessary to respond to a bona fide personal need of the borrower. For purposes of this subdivision, there is a bona fide personal need if the borrower can provide verifiable supporting documentation of any of the following: (i) The refinance transaction was ordered by a court of competent jurisdiction. (ii) The property subject to the mortgage is in a foreclosure proceeding. (iii) The refinance transaction is necessary to refinance a construction loan into a permanent loan. (iv) The borrower is subject to an imminent threat of bankruptcy. (v) The refinance transaction is necessary to remove a lien on the property imposed by a federal, state, or local government agency or court, including, but not limited to, a tax or mechanics lien. (vi) The borrower or a member of the immediate family of the borrower has a medical problem requiring prompt medical services or prescription drugs. (3) A creditor shall not recommend or encourage default or encourage a borrower to stop making payments on an existing loan or other debt before and in connection with the closing or planned closing of a home loan that refinances all or any portion of that existing loan or debt. (4) A creditor shall not do any of the following: (a) Charge a borrower a late payment fee unless the loan documents specifically authorize the fee, the fee is not imposed unless the payment is past due for 10 days or more, and the fee does not exceed 5% of the amount of the late payment. (b) Charge more than 1 late payment fee with respect to any single late payment. (c) Charge a late payment fee for a default on a loan payment if the default is the result of the creditor or servicer deducting a late payment fee from a previous payment made on the home loan. However, a creditor may apply any payment made to any unpaid balances of payments due in the order of maturity, even if the result is a late payment fee accruing on 1 or more subsequent payments due. (5) A home loan may not contain a provision that permits the creditor in its sole discretion to accelerate the indebtedness. This subsection does not prohibit acceleration of the loan in good faith due to the borrowers failure to abide by the material terms of the loan. (6) A creditor shall not charge a fee for verbally informing a person of the balance due to pay off a home loan. A creditor shall not charge a person a fee for transmitting 1 written statement of the balance due to pay off a home loan within a 12-month period. A creditor may charge a fee that does not exceed $25.00 to provide a second written statement of the balance due to pay off a home loan within a 12-month period. If a person requests more than 2 written statements of the balance due to pay off a home loan within a 12- month period, a creditor may charge a reasonable fee for any additional written statements transmitted to that person. (7) A creditor shall provide a written statement of the balance due to pay off a loan under subsection (6) within 7 business days after the request is made. (8) Subject to subsection (9), a creditor shall not do any of the following in connection with a home loan: (a) Steer, counsel, or direct a consumer to rates, charges, principal amount, or prepayment terms that are not reasonably advantageous to the borrower considering all of the circumstances, including, but not limited to, the characteristics of the property that secures or will secure the loan and the loan terms for which the borrower qualifies. (b) Materially mischaracterize a borrowers credit history or the home loans available to a borrower from the creditor. (c) Materially mischaracterize the appraisal value of a dwelling. (d) If unable to suggest, offer, or recommend to a borrower a reasonably advantageous home loan, discourage a borrower from seeking a home loan from another creditor. (9) Subsection (8) does not prohibit a creditor from providing a borrower with accurate, unbiased, general information about consumer home loans, underwriting standards, ways to improve credit history, or any other matter relevant to a borrower. (10) A creditor shall not charge or collect any prepayment fee or penalty on a home loan. A prepayment penalty provision in a home loan is void and unenforceable. (11) A creditor shall not extend a home loan to a borrower unless the creditor reasonably determines at the time the home loan is consummated that the borrower is able to repay the loan according to the loan terms. Subject to subsection (12), all of the following apply to a creditors determination under this subsection: (a) If the creditor making the home loan knows that 1 or more mortgage loans secured by the same real property will be made contemporaneously with the home loan to the same borrower, the creditor must consider the borrowers ability to repay the combined payments of all loans on the same real property. (b) The creditor may use any reasonable method to determine a borrowers ability to repay the home loan, including, but not limited to, consideration of any of the following: (i) The borrowers verified current and expected income, current and expected obligations, employment status or type of employment, history of employment, credit history, credit score, residual income, or debt-to-income ratio. (ii) The amount of the monthly payment for the home loan, including principal, interest, property taxes, and hazard insurance premiums. (iii) Other financial resources available to the borrower other than the borrowers equity in the principal dwelling that secures or will secure the home loan. (c) The creditor may use any of the following calculation assumptions in evaluating a borrowers ability to repay the home loan: (i) That the loan proceeds are fully disbursed on the date of the loan closing. (ii) That the loan is to be repaid in substantially equal monthly amortizing payments of principal and interest over the entire term of the loan, with no balloon payment. (iii) That the interest rate over the entire term of the loan is a fixed rate equal to the fully indexed interest rate at the time of the loan closing, without considering any initial discounted rate. As used in this subparagraph, the fully indexed interest rate at the time of the loan closing is the interest rate that would have applied at the time of closing if the initial interest rate been determined by the application of the same interest rate formula (for example, an interest rate index plus or minus a margin) that applies under the terms of the loan documents to subsequent interest rate adjustments, disregarding any limitations on the amount by which the interest rate may change at any 1 time. (d) If the terms of the home loan permit negative amortization, the repayment analysis shall be based on the initial loan amount plus any balance increase that may accrue from the negative amortization provision. (12) For purposes of subsection (11), the use of an automated underwriting system that complies with the provisions of subsection (11) to underwrite, approve, accept, or otherwise identify a home loan as meeting acceptable credit standards constitutes a reasonable method for determining a borrowers ability to repay a home loan. (13) It is an affirmative defense to an action under this act by a borrower against a creditor if the creditor relied upon 1 or more deliberate material misstatements, misrepresentations, or omissions made by the borrower in a home loan application or other loan document. Sec. 4. (1) A person offering to make or making a mortgage home loan shall not do either any of the following: (a) Charge a fee for a product or service if the product or service is not actually provided to the customer. (b) Misrepresent the amount charged by or paid to a third party for a product or service. (c) Charge an application fee. (2) A lender in making a mortgage loan shall not finance as part of the loan single premium coverage for any credit life, credit disability, or credit unemployment. (2) (3) A person, appraiser, or real estate agent shall not make, directly or indirectly, any false, deceptive, or misleading statement or representation in connection with a mortgage home loan, including, but not limited to, the borrowers ability to qualify for a mortgage home loan or the value of the dwelling that will secure repayment of the mortgage home loan. (3) (4) A lender creditor shall not insert or change information on an application for a mortgage home loan if the lender creditor knows that the information is false and misleading and intended to deceive a third party that the borrower is qualified for the loan when if in fact the third party would not approve the loan without the insertion or change. (5) A statement or representation is deceptive or misleading if it has the capacity to deceive or mislead a borrower or potential borrower. The commissioner shall consider any of the following factors in deciding whether a statement or misrepresentation is deceptive or misleading: (a) The overall impression that the statement or representation reasonably creates. (b) The particular type of audience to which the statement is directed. (c) Whether it may be reasonably comprehended by the segment of the public to which the statement is directed. (4) (6) A lender creditor shall not condition the payment of an appraisal upon a predetermined value or the closing of the mortgage home loan which that is the basis of the appraisal. (5) (7) A person shall not directly or indirectly compensate, coerce, or intimidate an appraiser for the purpose of influencing the independent judgment of the appraiser with respect to the value of the dwelling offered as security for repayment of the mortgage a home loan. (6) (8) A mortgage home loan note shall not contain blanks regarding payments, interest rates, maturity date, or amount borrowed to be filled in after the note is signed by the borrower. Sec. 5. A mortgage loan with a term of less than 5 years shall not have a payment schedule with regular periodic payments that when aggregated do not fully amortize the outstanding principal balance. This section does not apply to loans with maturities of less than 1 year, if the purpose of the loan is a bridge loan connected with the acquisition or construction of a dwelling intended to become the borrowers principal dwelling. In addition to the other requirements of this act, a high-cost home loan is subject to the following additional limitations and prohibited practices: (a) A creditor shall not directly or indirectly finance any points or fees in excess of 2% of the loan amount in connection with a high-cost home loan. (b) A creditor shall not include in the loan documents for a high-cost home loan or charge a borrower in a high-cost home loan any prepayment fees or penalties. (c) A high-cost home loan shall not contain a scheduled payment that is more than twice as large as the average of earlier scheduled payments. This subdivision does not apply when the payment schedule is adjusted to the seasonal or irregular income of the borrower. (d) A high-cost home loan shall not include payment terms under which the outstanding principal balance or accrued interest will increase at any time over the course of the loan because the regularly scheduled periodic payments do not cover the full amount of interest due. (e) A high-cost home loan shall not contain a provision that increases the interest rate after default. This subdivision does not apply to interest rate changes in a variable rate loan otherwise consistent with the provisions of the loan documents, if the change in the interest rate is not triggered by the event of default or the acceleration of the indebtedness. (f) A high-cost home loan shall not include terms under which more than 2 periodic payments required under the loan are consolidated and paid in advance from the loan proceeds provided to the borrower. (g) A creditor shall not make a high-cost home loan without first receiving certification from a counselor from an independent nonprofit organization approved by the United States department of housing and urban development, by a state housing financing agency, or by the regulatory agency that has jurisdiction over the creditor, that the borrower has received counseling on the advisability of the loan transaction. A counselor or counseling agency that is affiliated with a mortgage broker or mortgage lender, as those terms are defined in section 1a of the mortgage brokers, lenders, and servicers licensing act, a, is not considered an independent nonprofit organization for purposes of this subsection. (h) A creditor shall not pay a contractor under a home- improvement contract from the proceeds of a high-cost home loan, unless the instrument is payable to the borrower or jointly to the borrower and the contractor or, at the election of the borrower, through a third-party escrow agent in accordance with terms established in a written agreement signed by the borrower, the creditor, and the contractor before the disbursement. (i) A creditor shall not charge a borrower a fee or other amount to modify, renew, extend, or amend a high-cost home loan or to defer any payment due under the terms of a high-cost home loan. (j) A high-cost home loan document that creates a debt or an interest in property to secure a debt shall include the following notice, printed conspicuously on the face of the document: Notice: This is a high-cost home loan subject to special rules under state law. A purchaser or assignee of this high-cost home loan may be liable for all claims and defenses of the borrower with respect to the home loan.. Sec. 6. At the time a person applies for a mortgage home loan, the lender creditor shall provide the applicant the following document: BORROWERS BILL OF RIGHTS 1. You have the RIGHT to shop for the best loan for you and compare the charges of different mortgage brokers and lenders. 2. You have the RIGHT to be informed about the total cost of your loan including the interest rate, points, and other fees. 3. You have the RIGHT to obtain a Good Faith Estimate of all loan and settlement charges before you agree to the loan or pay any fees. 4. You have the RIGHT to know what fees are nonrefundable if you decide to withdraw your loan application. 5. You have the RIGHT to ask your mortgage broker to explain exactly what the mortgage broker will do for you. 6. You have the RIGHT to know how much the mortgage broker is getting paid by you and the lender for your loan. 7. You have the RIGHT to ask questions about charges and loan terms that you do not understand. 8. You have the RIGHT to a credit decision that is not based on your race, color, religion, national origin, sex, marital status, age, or whether any income is derived from public assistance. 9. You have the RIGHT to know the reason if your loan application is turned down.. 10. You have the RIGHT to receive the HUD settlement costs booklet Buying Your Home. Sec. 7. At the time a person applies for a mortgage home loan, the lender creditor shall provide the applicant the following written notice regarding the value of receiving credit counseling before taking out a mortgage home loan and a list of the nearest available HUD-approved credit counseling agencies: CONSUMER CAUTION AND HOME OWNERSHIP COUNSELING NOTICE If you obtain this loan, the lender will have a mortgage on your home. You could lose your home, and all money you have invested in it, if you do not meet your obligations under the loan, including making all your payments. Mortgage loans rates and closing costs and fees vary based on many factors, including your particular credit and financial circumstances, your earnings history, the loan-to-value requested, and the type of property that will secure your loan. Higher rates and fees may be applicable depending on the individual circumstances of a particular consumers application. You should shop around and compare loan rates and fees. This particular loan may have a higher rate and total points and fees than other mortgage loans. You should consider consulting a qualified independent credit counselor or other experienced financial adviser regarding the rate, fees, and provisions of this mortgage loan before you proceed. For information on contacting a qualified credit counselor, ask your lender or call the United States Department of Housing and Urban Developments counseling hotline at 1-888-466-3487 for a list of counselors. You are not required to complete any loan agreement merely because you have received these disclosures or have signed a loan application. If you proceed with this mortgage loan, you should also remember that you may face serious financial risks if you use this loan to pay off credit card debts and other debts in connection with this transaction and then subsequently incur significant new credit card charges or other debts. Property taxes and homeowners insurance are your responsibility. Not all lenders provide escrow services for these payments. You should ask your lender about these services. Your payments on existing debts contribute to your credit ratings. You should not accept any advice to ignore your regular payments to your existing creditors.. Sec. 7a. (1) Any person who purchases or is otherwise assigned a high-cost home loan is subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor of the loan. However, this subsection does not apply if the purchaser or assignee demonstrates by a preponderance of the evidence that it meets all of the following: (a) At the time of the purchase or assignment of the subject loans, has in place policies that expressly prohibit its purchase or acceptance of assignment of any high-cost home loans. (b) Requires by contract that a seller or assignor of home loans to the purchaser or assignee represents and warrants 1 of the following to the purchaser or assignee: (i) That the seller or assignor will not sell or assign any high-cost home loans to the purchaser or assignee. (ii) That the seller or assignor is a beneficiary of a representation and warranty from a previous seller or assignor to that effect. (c) Exercises reasonable due diligence at the time of purchase or assignment of home loans or within a reasonable period of time after the purchase or assignment of those home loans, intended by the purchaser or assignee to prevent the purchaser or assignee from purchasing or taking assignment of any high-cost home loans. However, for purposes of this subdivision, reasonable due diligence shall provide for sampling and shall not require loan-by-loan review. (2) Limited to an amount equal to the monthly payments already made under the loan agreement, any finance charges other than those already collected in the monthly payments made under a home loan, forfeiture of future interest on the loan, reasonable costs, and reasonable attorney fees, a borrower acting only in an individual capacity may assert claims that the borrower could assert against the creditor of the home loan against any subsequent holder or assignee of the home loan as follows: (a) Within 5 years of the closing of a high-cost home loan, a violation of this act in connection with the loan as an original action. (b) At any time during the term of a high-cost home loan, after an action to collect on the home loan or foreclose on the collateral securing the home loan has been initiated or the debt arising from the home loan has been accelerated or the home loan has become 60 days in default, any defense, claim or counterclaim, or action to enjoin foreclosure or preserve or obtain possession of the home that secures the loan. (3) The provisions of this section are effective notwithstanding any other provision of law. However, this section shall not be construed to limit the substantive rights, remedies, or procedural rights available to a borrower against any creditor, assignee, or holder under any other law. The rights conferred on borrowers by subsections (1) and (2) are independent of each other and do not limit each other. Sec. 7b. (1) Subject to subsections (8) and (9), in a civil action, if a person is found by a preponderance of the evidence to have violated this act, the court may award the borrower all of the following: (a) Actual damages, including consequential and incidental damages. A borrower is not required to demonstrate reliance in order to receive actual damages. (b) For a violation of section 3 or 4, statutory damages in an amount equal to the monthly payments already made under the loan agreement, any finance charges other than those already collected in the monthly payments made under the loan and forfeiture of future interest on the loan. (c) If the violation is malicious or reckless, punitive damages. (d) Costs and reasonable attorney fees. (2) The attorney general, the prosecuting attorney for the county where an alleged violation occurred, or a borrower may bring an action against a person for injunctive, declaratory, and any other equitable relief to enforce compliance with this act. (3) The right of rescission granted under the truth in lending act, USC 1601 to 1667f, for a violation of that law is available to a borrower by way of recoupment against a party foreclosing on the home loan or collecting on the loan, at any time during the term of the loan. This subsection does not limit any recoupment right available to a borrower under any other law. (4) For purposes of this section, a creditor or assignee in a home loan who fails to comply with the provisions of this act while acting in good faith is not in violation of this act if that creditor or assignee establishes either of the following: (a) Within 60 days of the loan closing, and before receiving any notice of the compliance failure, the creditor or assignee made appropriate restitution to the borrower and appropriate adjustments to the loan. (b) Within 90 days of the loan closing and before receiving any notice of the compliance failure, and the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid those errors, the borrower is notified of the compliance failure, appropriate restitution is made to the borrower, and appropriate adjustments are made to the loan. As used in this subsection, a bona fide error includes, but is not limited to, a computer malfunction or a clerical, calculation, computer programming, or printing error. An error of legal judgment with respect to a persons obligations under this section is not a bona fide error. (5) The remedies provided in this section are cumulative and are not the exclusive remedies available to a borrower. A borrower is not required to exhaust any administrative remedies provided under this act or any other applicable law before proceeding under this section. (6) A provision in an agreement for a home loan that allows a person to require a borrower, individually or on behalf of similarly situated borrowers, to assert any legal claim or defense in a forum located outside of this state or limits in any way a claim or defense the borrower may have is void and unenforceable. (7) A person shall not attempt in bad faith to avoid the application of this act by dividing any home loan transaction into separate parts, structure a home loan transaction as an open-end loan for the purpose of evading this act if the loan would have been a high-cost home loan if the loan had been structured as a closed-end loan, or engage in any other subterfuge with the intent of evading this act. (8) A borrower may only assert a claim under this act on his or her own behalf and may not assert claims on behalf of similarly situated borrowers. (9) A borrower who is illegally residing in the United States may not assert a claim under this act. Sec. 8. (1) The commissioner may conduct examinations and investigations of a person over whom which the commissioner has regulatory authority as necessary to determine whether the person is brokering, making, servicing, or collecting mortgage home loans as required by this act. (2) The commissioner may promulgate reasonable rules under the administrative procedures act of 1969, o 24.328, as necessary to implement and administer this act. (3) The commissioner may provide guidance to any person over which the commissioner has regulatory authority on the application of and compliance with this act. Sec. 9. If the commissioner determines that a person is brokering, making, servicing, or collecting mortgage home loans in violation of this act, the commissioner shall do 1 or more of the following: (a) Initiate a cause of action under section 10. (b) If the person is chartered, licensed, registered, regulated, or administered by the commissioner under a law of this state, the commissioner shall enforce the penalties and remedies under that law. (c) Forward a complaint to the appropriate regulatory or investigatory authority. Sec. 10. (1) The attorney general or the prosecuting attorney for the county where an alleged violation occurred may bring an action against a person to do 1 or more of the following: (a) Obtain a declaratory judgment that a method, act, or practice of the person is a violation of this act. (b) Enjoin a person who is engaging or about to engage in a method, act, or practice that is a violation of this act. (c) Obtain a civil fine of not more than $10,000.00 for the first offense and not more than $20,000.00 for the second and any subsequent offense under subsection (2). (2) In addition to any other remedies or penalties imposed by this act, a creditor, a member, officer, director, or employee of a creditor, or any other person that violates this act or an order made or rule promulgated under this act, or directly or indirectly counsels, aids, or abets in a violation, is responsible for a civil fine of not more than $3,000.00 for each violation, except that a person shall not be fined more than $30,000.00 for a transaction resulting in more than 1 violation, plus the costs of investigation. Sec. 11. (1) A person is not liable for a violation under section if the person shows that the violation was an unintentional and bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error. Examples of a bona fide error include clerical, calculation, computer malfunction, programming, or printing errors. An error in legal judgment with respect to a persons obligations under this act is not a bona fide error. (2) A person is not liable for a violation under section 10 if, within 60 days after discovery of the violation and before the institution of an action under section 10, the person notifies the borrower or buyer of the violation and corrects the violation in a manner that, to the extent it is reasonably possible to do so, restores the borrower or buyer to the position in which the borrower or buyer would have been if the violation had not occurred. (3) The person alleged to have violated this act has the burden of proving that he or she is not liable as provided under this section. A creditor, a member, officer, director, or employee of a creditor, or any other person that knowingly violates this act or an order made or rule promulgated under this act is guilty of a misdemeanor punishable by a fine of not more than $15,000.00, imprisonment for not more than 1 year, or both. Sec. 12. (1) This act does not limit the authority of the commissioner, the attorney general, or a county prosecutor to enforce any law under which a person is chartered, organized, licensed, registered, regulated, or otherwise authorized to do business in this state. (2) The rights conferred by this act are independent of and in addition to any other rights under state or federal law. Sec. 13. (1) No later than December 31, 2003, the office of financial and insurance services shall develop and make available to local units of government, financial institutions, and other interested persons 1 or more model programs for financial education. (2) The program required under this section shall be designed to teach personal financial management skills and the basic principles involved with saving, borrowing, investing, and protection against predatory and other fraudulent lending practices. This act applies to any home loan or other transactions governed by this act concerning real property located in this state. Sec. 14. (1) The federal government and state solely regulate the business of brokering, making, servicing, and collecting mortgage home loans in this state and the manner in which any such that business is conducted. (2) Any charter, ordinance, resolution, regulation, rule, or other action by a municipal corporation or other political subdivision of this state to regulate, directly or indirectly, the brokering, making, servicing, or collecting of mortgage home loans constitutes a statutory conflict with the uniform operation throughout the state of residential mortgage lending and is preempted. (3) Any charter, ordinance, resolution, regulation, rule, or other action by a municipal corporation or other political subdivision of this state to collect information about, require reporting of, pledges regarding, notices, or certifications concerning home loans, lenders creditors, applicants, deposits, or credit experiences, character, and criminal background checks of employees, agents, customers, or other persons is preempted by this act. (4) Any charter, ordinance, resolution, regulation, rule, or other action by a municipal corporation or other political subdivision of this state that attempts to regulate the brokering, making, servicing, or collecting of mortgage home loans constitutes a statutory conflict and is preempted, including, without limitation, if the ordinance, resolution, regulation, or other action does either of the following: (a) Disqualifies a person, or its subsidiaries or affiliates, from doing business with the municipal corporation or other political subdivision based upon the acts or practices of the person or its subsidiaries or affiliates in brokering, making, servicing, or collecting mortgage home loans. (b) Imposes reporting requirements or other obligations upon a person, or its subsidiaries or affiliates, based upon the persons, or its subsidiaries or affiliates, acts or practices in brokering, making, servicing, or collecting mortgage home loans. (5) If any provision of this section, or any application of any provision of this section, is for any reason held to be illegal or invalid, the illegality or invalidity shall not affect any legal and valid provision or application of this section, and the provisions and applications of this section shall be severable. Sec. 15. (1) The laws of this state relating to the brokering, making, servicing, and collecting of mortgage home loans prescribe rules of conduct upon citizens generally, comprise a comprehensive regulatory framework intended to operate uniformly throughout the state under the same circumstances and conditions, and constitute general laws of this state. (2) Silence in the statutes of this state with respect to any act or practice in the brokering, making, servicing, or collecting of mortgage home loans shall not be interpreted to mean that the state has not completely occupied the field or has only set minimum standards in its regulation of brokering, making, servicing, or collecting of mortgage home loans. (3) It is the intent of the legislature to entirely preempt municipal corporations and other political subdivisions from the regulation and licensing of persons engaged in the brokering, making, servicing, or collecting of mortgage home loans in this state
|
Consumer credit; predatory lending; consumer mortgage protection act; replace with home loan protection act. Amends title & secs. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15 of 2002 PA 660 (MCL 445.1631 et seq.) & adds secs. 7a & 7b
|
Financial institutions; mortgage brokers and lenders; home loan protection act; require compliance and impose additional duties with respect to borrowers. Amends sec. 22 of 1987 PA 173 (MCL 445.1672) & adds sec. 24a. TIE BAR WITH: HB 406509
|
Financial Services. A bill to amend, entitled Mortgage brokers, lenders, and servicers licensing act, by amending Sec. 22. (1) It is a violation of this act for a A licensee or registrant to shall not do any of the following: (a) Fail to conduct the business in accordance with law, this act, or a rule promulgated or order issued under this act. (b) Engage in fraud, deceit, or material misrepresentation in connection with any transaction governed by this act. (c) Intentionally or due to gross or wanton negligence, repeatedly fail to provide borrowers material disclosures of information as required by law. (d) Suppress or withhold from the commissioner any information that the licensee or registrant possesses and that, if submitted, would have made the licensee or registrant ineligible for licensing or registration under this act or would have warranted the commissioners denial of a license application or refusal to accept a registration. (e) Fail to comply with, o 565.164, regulating the handling of mortgage escrow accounts by mortgagees. (f) Until proper disbursement is made, fail to place in a trust or escrow account held by a federally insured depository financial institution in a manner approved by the commissioner any money, funds, deposits, checks, drafts, or other negotiable instruments received by the licensee that the borrower is obligated to pay to a third party, including amounts paid to the holder of the mortgage loan, amounts for property taxes and insurance premiums, or amounts paid under an agreement that requires if the mortgage loan is not closed the amounts paid shall be refunded to the prospective borrower or if the mortgage loan is closed the amounts paid shall be applied to fees and costs incurred at the time the mortgage loan is closed. Fees and costs include, but are not limited to, title insurance premiums and recording fees. Fees and costs do not include amounts paid to cover costs incurred to process the mortgage loan application, to obtain an appraisal, or to receive a credit report. (g) Refuse to permit an examination or investigation by the commissioner of the books and affairs of the licensee or registrant, or has refused or failed, within a reasonable time, to furnish any information or make any report that may be required by the commissioner under this act. (h) To be convicted of a felony, or any misdemeanor of which an essential element is fraud. (i) Refuse or fail to pay, within a reasonable time, those expenses assessed to the licensee or registrant under this act. (j) Fail to make restitution after having been ordered to do so by the commissioner or an administrative agency, or fail to make restitution or pay damages to persons injured by the licensees or registrants business transactions after having been ordered to do so by a court. (k) Fail to make a mortgage loan in accordance with a written commitment to make a mortgage loan issued to, and accepted by, a person when the person has timely and completely satisfied all the conditions of the commitment before the expiration of the commitment. (l) Require a prospective borrower to deal exclusively with the licensee or registrant in regard to a mortgage loan application. (m) Take a security interest in real property before closing the mortgage loan to secure payment of fees assessed in connection with a mortgage loan application. (n) Except as provided under section 18e, knowingly permit a person to violate an order that has been issued under this act or any other financial licensing act that prohibits that person from being employed by, an agent of, or a control person of the licensee or registrant. (2) A licensee or registrant shall not fail or neglect to do any of the following in connection with the brokering, servicing, or making of any mortgage loan: (a) Act in good faith and with fair dealing in any transaction, practice, or course of business. (b) Safeguard and account for any money handled for the borrower. (c) Follow reasonable and lawful instructions from the borrower. (d) Use reasonable skill, care, and diligence. (e) Timely and clearly disclose to the borrower material information that might reasonably affect the borrowers rights, interests, or ability to receive the borrowers intended benefit from the mortgage loan, including, but not limited to, the total compensation the broker would receive from any of the loan options the licensee or registrant presents to the borrower. (f) Make reasonable efforts to secure a mortgage loan that is reasonably advantageous to the borrower considering all the circumstances, including, but not limited to, the rates, charges, and repayment terms of the loan. (3) The duties and standards of care created in subsection (2) cannot be waived or modified. Sec. 24a. (1) The home loan protection act applies to a licensee or registrant. A licensee or registrant shall comply with the requirements of that act in connection with any home loans. (2) In addition to any penalties and remedies provided by this act, a licensee or registrant is also subject to the remedy and penalty provisions of the home loan protection act for a violation of subsection (1). (3) As used in this section: (a) Home loan means that term as defined in section 2 of the home loan protection act, (b) Home loan protection act means the home loan protection act, o 445.1642. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4065(request no. 0095309) of the 95th Legislature is enacted into law
|
Financial institutions; mortgage brokers and lenders; home loan protection act; require compliance and impose additional duties with respect to borrowers. Amends sec. 22 of 1987 PA 173 (MCL 445.1672) & adds sec. 24a. TIE BAR WITH: HB 406509
|
Financial institutions; mortgage brokers and lenders; home loan protection act; require compliance by mortgage brokers in secondary market and impose additional duties with respect to borrowers. Amends sec. 24 of 1981 PA 125 (MCL 493.74) & adds sec. 24a. TIE BAR WITH: HB 406509
|
Financial Services. A bill to amend, entitled The secondary mortgage loan act, by amending Sec. 24. (1) A licensee or registrant shall not transfer or assign a secondary mortgage loan or a security directly representing an interest in 1 or more secondary mortgage loans before the disbursement of 75% or more of the proceeds of the secondary mortgage loan to, or for the benefit of, the borrower. This subsection shall not apply to any of the following: (a) A land contract not considered to be an equitable secondary mortgage. (b) A loan made under a state or federal government program that allows the lender to escrow more than 25% of the proceeds for a limited period of time. (c) A construction loan. (d) A secondary mortgage loan that provides in writing that the loan proceeds shall be disbursed to or for the benefit of the borrower in installments or upon the request of the borrower or upon the completion of renovations or repairs to the dwelling situated on the real property subject to the secondary mortgage loan. (2) It is a violation of this act for a A licensee or registrant to shall not do any of the following: (a) Suppress or withhold from the commissioner any information that the licensee or registrant possesses that would make the licensee or registrant ineligible for licensing or registration under this act or would warrant the commissioners denial of a license or registration application. (b) Violate any provisions of, o 565.164, regulating the handling of mortgage escrow accounts by mortgagees. (c) Until proper disbursement is made, fail to place in a trust or escrow account held by a depository financial institution in a manner approved by the commissioner any money, funds, deposits, checks, drafts, or other negotiable instruments received by a broker, lender, or servicer that is the portion of a payment on a secondary mortgage loan that the person is obligated to pay to a third party. The deposits shall include amounts paid to the holder of the secondary mortgage loan, amounts for property taxes and insurance premiums, and amounts paid under an agreement that requires, if the secondary mortgage loan is not closed, the amounts paid shall be refunded to the prospective borrower, or if the secondary mortgage loan is closed, the amounts paid shall be applied to fees and costs incurred at the time the secondary mortgage loan is closed. Fees and costs include, but are not limited to, title insurance premiums and recording fees. Fees and costs do not include amounts paid to cover costs incurred to process the secondary mortgage loan application, to obtain an appraisal, or to receive a credit report. (d) Refuse to permit an examination or investigation by the commissioner of the books and affairs of the licensee or registrant, or refuse or fail, within a reasonable time, to furnish any information or make a report that may be required by the commissioner under this act. (e) Be convicted of a felony, or any misdemeanor of which an essential element is fraud. (f) Refuse or fail to pay within a reasonable time expenses assessed under this act. (g) Fail to make restitution after having been ordered to do so by the commissioner or an administrative agency, or fail to make restitution or pay damages to persons injured by the licensees or registrants business transactions after having been ordered to do so by a court. (h) Fail to make a secondary mortgage loan pursuant to, and in accordance with, a written commitment to make a secondary mortgage loan issued to, and accepted by, a person when the person has timely and completely satisfied all the conditions of the commitment prior to the expiration of the commitment. (i) Require a prospective borrower to deal exclusively with the licensee or registrant in regard to a secondary mortgage loan application. (j) Take a security interest in real property before closing the secondary mortgage loan to secure payment of fees assessed in connection with a secondary mortgage loan application. (k) Except as otherwise provided under section 14e, knowingly permit a person to violate an order that has been issued under this act or any other financial licensing act that prohibits that person from being employed by, an agent of, or a control person of the licensee or registrant. (3) A licensee or registrant shall not fail or neglect to do any of the following in connection with the brokering, servicing, or making of any secondary mortgage loan: (a) Act in good faith and with fair dealing in any transaction, practice, or course of business. (b) Safeguard and account for any money handled for the borrower. (c) Follow reasonable and lawful instructions from the borrower. (d) Use reasonable skill, care, and diligence. (e) Timely and clearly disclose to the borrower material information that might reasonably affect the borrowers rights, interests, or ability to receive the borrowers intended benefit from the secondary mortgage loan, including, but not limited to, the total compensation the broker would receive from any of the loan options the licensee or registrant presents to the borrower. (f) Make reasonable efforts to secure a secondary mortgage loan that is reasonably advantageous to the borrower considering all the circumstances, including, but not limited to, the rates, charges, and repayment terms of the loan. (4) The duties and standards of care created in subsection (3) cannot be waived or modified. Sec. 24a. (1) The home loan protection act applies to a licensee or registrant. A licensee or registrant shall comply with the requirements of that act in connection with any home loans. (2) In addition to any penalties and remedies provided by this act, a licensee or registrant is also subject to the remedy and penalty provisions of the home loan protection act for a violation of subsection (1). (3) As used in this section: (a) Home loan means that term as defined in section 2 of the home loan protection act, (b) Home loan protection act means the home loan protection act, o 445.1642. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4065(request no. 0095309) of the 95th Legislature is enacted into law
|
Financial institutions; mortgage brokers and lenders; home loan protection act; require compliance by mortgage brokers in secondary market and impose additional duties with respect to borrowers. Amends sec. 24 of 1981 PA 125 (MCL 493.74) & adds sec. 24a. TIE BAR WITH: HB 406509
|
Use tax; exemptions; certain energy conservation products; provide exemption. Amends 1937 PA 94 (MCL 205.91 - 205.111) by adding sec. 4z
|
Technology. A bill to amend, entitled Use tax act, o 205.111) by adding section 4z. Sec. 4z. Beginning January 1, 2009, the tax under this act does not apply to an energy conservation product that is to be affixed to, installed in, or made a structural part of a building. As used in this section, energy conservation product includes, but is not limited to, insulation, weather stripping, storm windows, and storm doors
|
Use tax; exemptions; certain energy conservation products; provide exemption. Amends 1937 PA 94 (MCL 205.91 - 205.111) by adding sec. 4z
|
Sales tax; exemptions; certain energy conservation products; provide exemption. Amends 1933 PA 167 (MCL 205.51 - 205.78) by adding sec. 4ff
|
Technology. A bill to amend, entitled General sales tax act, o 205.78) by adding section 4ff. Sec. 4ff. Beginning January 1, 2009, the sale of tangible personal property that is an energy conservation product that is to be affixed to, installed in, or made a structural part of a building is exempt from the tax under this act. As used in this section, energy conservation product includes, but is not limited to, insulation, weather stripping, storm windows, and storm doors
|
Sales tax; exemptions; certain energy conservation products; provide exemption. Amends 1933 PA 167 (MCL 205.51 - 205.78) by adding sec. 4ff
|
Insurance; essential; increasing premium during term of policy; prohibit except in certain situations. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2111b
|
A bill to amend, entitled The insurance code of 1956, o 500.8302) by adding section 2111b. Sec. 2111b. (1) Once the premium for an automobile insurance policy is billed by an automobile insurer or the insurers producer and has been paid in whole or in part by the insured, the automobile insurer shall not increase the premium for that policy during the term of the policy unless the premium was based on materially incorrect information provided by the applicant or insured. (2) Once the premium for a home insurance policy is billed by a home insurer or the insurers producer and has been paid in whole or in part by the insured, the home insurer shall not increase the premium for that policy during the term of the policy unless the premium was based on materially incorrect information provided by the applicant or insured
|
Insurance; essential; increasing premium during term of policy; prohibit except in certain situations. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 2111b
|
Retirement; legislative; administration of health care benefits; move to office of retirement. Amends sec. 50b of 1957 PA 261 (MCL 38.1050b)
|
A bill to amend, entitled Michigan legislative retirement system act, by amending section 50b b), as amended by. Sec. 50b. (1) For a retirant or a survivor or beneficiary of a deceased retirant, or for a deferred vested member if that deferred vested member first became a member on or before January 1, 1995, the retirement system board and the office of retirement services in the department of management and budget shall select, purchase, and pay the premium for hospitalization and medical insurance coverage and dental and vision coverage for the retirant, deferred vested member, and the spouses, eligible children, and survivors of those retirants and deferred vested members. Except as otherwise provided in this section, the retirement system board and the office of retirement services in the department of management and budget shall provide hospitalization and medical insurance coverage and dental and vision insurance coverage under this section at a level that is equal to or greater than the level of insurance coverage under this section in effect on December 1, 1992. The retirement office of retirement services in the department of management and budget and the board may increase the amounts each person who is enrolled in insurance coverage under this section is required to pay for co-pays or deductibles under that insurance coverage. (2) On and after March 31, 1997, the retirement system office of retirement services in the department of management and budget shall also pay health insurance premiums described in this section in the manner prescribed in section 79
|
Retirement; legislative; administration of health care benefits; move to office of retirement. Amends sec. 50b of 1957 PA 261 (MCL 38.1050b)
|
Retirement; state employees; consolidation of employee retirement health care funds with employee health care funds; provide for. Amends sec. 20d of 1943 PA 240 (MCL 38.20d)
|
A bill to amend, entitled State employees retirement act, by amending section 20d d), as amended by. Sec. 20d. (1) On and after July 1, 1974 and before October 1, 2009, hospitalization and medical coverage insurance premium payable by any retirant or his or her beneficiary and his or her dependents under any group health plan authorized by the Michigan civil service commission and the department of management and budget shall be paid by the retirement board from the health insurance reserve fund created in section 11. On and after October 1, 2009, hospitalization and medical coverage insurance premium payable by any retirant or his or her beneficiary and his or her dependents under a group health plan authorized by the civil service commission, the retirement board, and the department of management and budget shall be paid by the retirement board from the health insurance reserve fund created in section 11. On and after October 1, 2009, the group health plan shall be authorized by the civil service commission, the retirement board, and the office of retirement services in the department of management and budget and selected and administered by the office of retirement services in the department of management and budget. The amount payable shall be in the same proportion of premium payable by the state of Michigan for the classified employees occupying positions in the state civil service. The hospitalization and medical insurance premium payable shall be paid from appropriations made for this purpose to the health insurance reserve fund sufficient to cover the premium payment needed to be made. (2) Effective January 1, 1988 and before October 1, 2009, 90% of the premium payable by a retirant or the retirants beneficiary and his or her dependents for dental coverage or vision coverage, or both, under any group plan authorized by the Michigan civil service commission and the department of management and budget shall be paid by the retirement board from the health insurance reserve fund created in section 11. On and after October 1, 2009, 90% of the premium payable by a retirant or the retirants beneficiary and his or her dependents for dental coverage or vision coverage, or both, under any group plan authorized by the retirement board and the department of management and budget shall be paid by the retirement board from the health insurance reserve fund created in section 11. On and after October 1, 2009, the group plan for dental coverage or vision coverage, or both, shall be authorized by the civil service commission, the retirement board, and the office of retirement services in the department of management and budget and selected and administered by the office of retirement services in the department of management and budget. (3) The department of management and budget shall calculate for each fiscal year any cost savings that have accrued to this state as a result of the implementation of over the costs that would have been incurred by this state to fund premiums payable pursuant to section 68 had not been implemented. The total amount of the cost savings, if any, shall be allocated to the health advance funding subaccount created under section 11(9). (4) On and after March 31, 1997, the retirement system shall also pay health insurance premiums described in this section in the manner prescribed in section 68. On and after October 1, 2009, the office of retirement services in the department of management and budget shall authorize and select group plans for qualified participants for hospitalization, medical coverage, dental coverage, and vision coverage. (5) For purposes of this section, retirant includes a person who retires under section 306 or 410 of the Michigan military act, and 32.810
|
Retirement; state employees; consolidation of employee retirement health care funds with employee health care funds; provide for. Amends sec. 20d of 1943 PA 240 (MCL 38.20d)
|
Retirement; other; public employee retirement health care trust; provide for. Creates new act. TIE BAR WITH: SB 122710
|
A bill to authorize and create irrevocable trusts for the purpose of holding, investing, and distributing assets to be used for certain postemployment health care benefits; to set forth certain rights that public employees have in retirement health care benefits under certain circumstances; to provide for the establishment and amendment of certain irrevocable trust agreements; and to prescribe certain powers and duties of certain retirement systems, state departments, public officials, and public employees. Sec. 1. This act shall be known and may be cited as the public employee retirement health care funding act. Sec. 2. As used in this act: (a) Department means the department of management and budget. (b) Employer contributions means the amount transferred by an employer to a funding account. (c) Funding account means an account created pursuant to section 3(6) for the deposit of funds and payment of retirement health care benefits under the applicable retirement act. (d) Funding account dependent means 1 or more of the following: (i) A dependent as that term is used in section 20d of the state employees retirement act, d, or a health benefit dependent as that term is defined in section 54 of the state employees retirement act, whichever is applicable. (ii) A health insurance dependent as that term is defined in section of the public school employees retirement act of 1979, (iii) A retirement allowance beneficiary as that term is defined in section 109 of the judges retirement act of 1992, or a health benefit dependent as that term is defined in section 705 of the judges retirement act of 1992, whichever is applicable. (iv) A survivor as that term is defined in section 13a of the Michigan legislative retirement system act, a, a beneficiary of a deceased retirant as that term is used in section 50b of the Michigan legislative retirement system act, b, or a health benefit dependent as that term is defined in section 65 of the Michigan legislative retirement system act, whichever is applicable. (v) A retirement allowance beneficiary as that term is defined in section 4 of the state police retirement act of 1986, or a dependent as that term is used in section 42 of the state police retirement act of 1986, (e) Medical expenses means expenses incurred by a past member or his or her dependents that satisfy all of the following conditions: (i) The expenses are medical care expenses that would otherwise qualify for a deduction under section 213(d) of the internal revenue code, 26 USC 213(d), without regard to the income threshold in section 213(a) of the internal revenue code, 26 USC 213(a). (ii) The expenses have not been and will not be reimbursed by any other source. (iii) The expenses must have been incurred while the individual is a past member or after the death of a past member. (iv) The individual properly and timely substantiates the expenses in a manner established by the applicable retirement system. (f) Member means a person who is a member, former member, deferred member, qualified participant, or former qualified participant as determined under the applicable retirement act. (g) Past member means a former member who has retired with retirement health care benefits payable by a retirement system or a former member who has terminated employment. (h) Retirement act means 1 or more of the following: (i) The state employees retirement act, o 38.69. (ii) The public school employees retirement act of 1979, o 38.1408. (iii) The judges retirement act of 1992, o 38.2670. (iv) The state police retirement act of 1986, o 38.1648. (v) The Michigan legislative retirement system act, o 38.1080. (i) Retirement health care benefits means expenses for medical, dental, and vision to be paid for past members or their funding account dependents under the applicable retirement act. (j) Retirement system means a retirement system established under a retirement act. (k) State means this state. (l) Trust means an irrevocable trust created under section 3(1) of this act. (m) Trustee means a member of a retirement system board. Sec. 3. (1) One irrevocable trust is authorized and created by this act for each retirement system. An irrevocable trust established under this subsection shall at all times be established and administered in accordance with section 115 of the internal revenue code, 26 USC 115. (2) The governing board of each retirement system shall be the grantor and shall administer the irrevocable trust created for that retirement system in order to pay retirement health care benefits to its past members and their funding account dependents. The members of the retirement system board shall act as the trustees of the irrevocable trust for that retirement system. The trustees shall adopt a written trust agreement that meets all of the requirements set forth in section 9. The trustees of the irrevocable trust may establish and adopt policies and procedures for administering the irrevocable trust. (3) Each trust shall be managed and operated separately and independent of the other retirement system trusts. The trustees may contract with public and private entities for the provision of bookkeeping, benefit payments, and other plan functions. The department, the department of treasury, and the department of the attorney general shall provide services to the trust as requested by the trustees. (4) The assets in the irrevocable trusts shall be invested in accord with the public employee retirement system investment act, o 38.1140m. Except as otherwise provided in this subsection, the state treasurer shall be the investment fiduciary of the irrevocable trusts and shall have exclusive authority and responsibility to employ or contract with personnel and for services that the state treasurer determines necessary for the proper investment of the assets in the irrevocable trusts. The governing board of the legislative retirement system may elect, or revoke an election, to be the fiduciary of the funding account assets within its irrevocable trust and retain the exclusive authority to employ or contract with personnel and for services that are necessary for the proper investment of those assets. (5) Each trust shall receive state appropriations, employer contributions, employee contributions, investment earnings, refunds and reimbursements, and other permitted deposits, and shall make distributions for the payment of retirement health care benefits authorized by the trustees for the administration of such trust. However, an amount in excess of twice the annual obligations of the trust shall not be deposited in or received by the trust unless the state treasurer certifies that the proposed deposit will not materially reduce the amount of federal funds received by the state to support payments made under the social welfare act, o 400.119b. The trustees are authorized to establish an administrative and investment fee structure to be charged against the funding account within the trust to defray the costs of administering the trust. An irrevocable trust established under this section shall be kept separate from the pension assets of retirement systems. (6) A funding account shall be established by the trustees for the funding and prefunding of payments of retirement health care benefit obligations under the applicable retirement act, and the trustees may create accounts that the trustees determine are necessary for the administration of the trust. Past members in the aggregate shall have contractual rights to the assets in the funding account for the payment of retirement health care benefits required under the applicable retirement act. (7) The governing board of a retirement system may from time to time authorize the deposit into the funding account of any eligible funds on deposit in an account within its retirement system for the purpose of payment of eligible retirement health care benefits. Distributions from the funding account may be made to satisfy the requirements of the retirement system for all retirement health care benefits provided by the retirement system. (8) The trustees shall cause the annual financial statements of the trust to be prepared in accordance with generally accepted accounting principles and an audit to be conducted of those financial statements by a qualified independent certified accounting firm for each fiscal year in accordance with generally accepted auditing standards. Sec. 4. (1) Except as otherwise provided in this section, section 8, and section 18, assets contributed to the irrevocable trust are irrevocable and may not be refused, refunded, or returned to the employer or employee making such contribution. (2) The trustees of each trust may establish separate reserves within the funding account to ensure that the assets of the funding account are utilized for the exclusive benefit of specified groups of members and past members. The separate reserve accounts shall not be diverted for a purpose other than the payment of retirement health benefits and administrative costs for each specified group until such time as the liabilities for each group have been satisfied. Assets received from specific members shall not be used to pay for health benefits for any other member who is not a beneficiary of that member. Sec. 5. The assets of the irrevocable trust are to be used solely to perform this essential function of state government. The trust shall only provide retirement health care benefits as provided under this act and pay fees and expenses for the administrative costs in carrying out this essential governmental function. Sec. 6. The assets of the irrevocable trust and the right of a member or past member of a retirement system to retirement health care benefits shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency laws, or other process of law and shall be unassignable. Sec. 7. The assets of the irrevocable trust shall be used exclusively for the benefit of past members and their funding account dependents and shall not be diverted for a purpose other than the payment of retirement health care benefits and the administrative costs of providing such benefits. Sec. 8. (1) Any assets remaining in the funding account after all payments for eligible retirement health care benefits have been paid and all other liabilities of the trust have been satisfied shall be distributed to this state or other employers within the applicable retirement system so long as the employers are organizations the income of which is excluded under section 115(1) of the internal revenue code, 26 USC 115. (2) Upon dissolution of the irrevocable trust, any assets remaining after the payment of debts and the satisfaction of liabilities are to be distributed to 1 or more states, political subdivisions of states, the District of Columbia, or other organizations the income of which is excluded under section 115(1) of the internal revenue code, 26 USC 115. Sec. 9. The written trust agreement for each retirement system shall contain all of the following provisions consistent with this act: (a) Recitals describing the creation and purpose of the trust. (b) Language reflecting the requirements of sections 4 through 7. (c) Sections outlining the management and operation of the trust. (d) A description of the various accounts that carry out the functions of the trust. (e) Provisions setting forth the powers and duties of the trustees. Sec. 10. (1) This state, an employer within a retirement system, a member, or any other person may contribute amounts to a funding account within an applicable trust for the prefunding of retirement health care benefits. (2) If a funding account contribution is made to the applicable trust, the contribution shall promptly be credited to the funding account within the applicable trust. (3) Trustees shall credit the applicable account with the appropriate investment earnings on those assets. Sec. 11. (1) The trustees shall establish a separately written plan document which shall govern the terms and conditions of reimbursement of expenses for medical, dental, and vision care with the terms being consistent with the funding and payment of the expenses under the applicable retirement act. (2) If the governing board of a retirement system has made a deposit described in section 3(7), the trust shall use the funds in the funding account to satisfy the requirements of the retirement system for all retirement health care benefits provided by the retirement system consistent with this act and the plan document established under this section. (3) Any funds in the funding account may be counted toward and used in the calculation of the annual required contribution for purposes of the annual financial statements prepared pursuant to section 3(8). (4) Notwithstanding anything to the contrary in this act, claims incurred before the past member became entitled to receive reimbursements under the applicable retirement act or this act are not eligible medical expenses. Sec. 12. (1) If the department receives notification from the United States internal revenue service that this act or any portion of this act will cause any retirement system to be disqualified for tax purposes under the internal revenue code, or prevent any irrevocable trust from meeting the requirements of section 115 of the internal revenue code, 26 USC 115, then the portion that will cause the disqualification does not apply. (2) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the remaining part of this act. Sec. 13. The trusts created by this act shall not be deemed to be invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in this act and agreements creating the trusts, nor shall the trusts be deemed to be invalid as violating any existing law against perpetuities or against suspension of the power of alienation of title to property or against trusts for the purpose of the accumulation of income, but each trust may continue for the amount of time that may be necessary to accomplish the purpose for which it was created. Sec. 14. All assets and income of the trusts shall be exempt from taxation by the state or any political subdivision of this state. Distribution from the trusts will not be treated as taxable income to the past members or their dependents by this state or any political subdivision of this state. Sec. 15. (1) A trustee shall not be any of the following: (a) Personally liable for any liability, loss, or expense suffered by the trust, unless the liability, loss, or expense arises out of or results from the willful misconduct or intentional wrongdoing of the trustee. (b) Responsible for the adequacy of the trust to meet and discharge any obligation under the applicable retirement act and this act. (c) Required to take action to enforce the payment of any contribution or appropriation to the trust. (2) The trustees may be indemnified by the trusts and from the fund of the trusts against costs, liabilities, losses, damages, and expenses, including their attorney fees, as more fully provided in the respective trust agreements, unless such costs, liabilities, losses, damages, or expenses arise out of or result from the willful misconduct or intentional wrongdoing of a trustee. Sec. 17. (1) The benefit obligations referenced in section 3(6) shall be construed to define or otherwise grant a contractual right or privilege to a health care benefit or other postemployment benefit to any member or beneficiary of a member if a benefit, right, or privilege is established in the applicable retirement act. (2) Members and past members shall have a contractual right to a health care benefit if a health care benefit right is provided pursuant to the applicable retirement act at the time the member or past member separates from employment. Sec. 18. If a change or error in any records of the trust results in a member, past member, or his or her dependent paying into or receiving from the trust more or less than the member, past member, or his or her dependent should have paid or would have been entitled to receive had the records been correct, the trustees shall correct the error and, as far as practicable, shall incrementally adjust future payments to correct for the change or error
|
Retirement; other; public employee retirement health care trust; provide for. Creates new act. TIE BAR WITH: SB 122710
|
State financing and management; bonds; bonding authority for prefunded retiree health care; provide for. Amends 2001 PA 34 (MCL 141.2101 - 141.2821) by adding sec. 519. TIE BAR WITH: HB 407509, HB 407709
|
A bill to amend, entitled Revised municipal finance act, o 141.2821) by adding section 519. Sec. 519. Municipal securities issued under section 517 or 518 shall also be secured by the general fund of the county, city, village, or township and may include the phrase general obligation limited tax in the resolution authorizing the issuance. The county, city, village, or township issuing the municipal securities that have not been approved by the electors is not authorized to levy any tax not authorized by law at the time the municipal securities are issued to pay for the municipal securities. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No. 4075(request no. 0121409). (b) Senate Bill No.____ or House Bill No. 4077(request no. 0121609)
|
State financing and management; bonds; bonding authority for prefunded retiree health care; provide for. Amends 2001 PA 34 (MCL 141.2101 - 141.2821) by adding sec. 519. TIE BAR WITH: HB 407509, HB 407709
|
State financing and management; bonds; bonding authority for prefunded retiree health care; provide for. Amends 2001 PA 34 (MCL 141.2101 - 141.2821) by adding sec. 518. TIE BAR WITH: HB 407409, HB 407709
|
A bill to amend, entitled Revised municipal finance act, o 141.2821) by adding section 518. Sec. 518. (1) Through September 30, 2010, a county, city, village, or township may by ordinance or resolution of its governing body, and without a vote of its electors, issue a municipal security under this section to pay the costs of the unfunded accrued liability provided that the amount of taxes necessary to pay the principal and interest on that municipal security, together with the taxes levied for the same year, shall not exceed the limit authorized by law. Postemployment health care benefits may be funded by the county, city, village, or township, notwithstanding the fact that the county, city, village, or township has no legal obligation to pay the benefits or has the right to alter or eliminate the payment of those benefits. The funding of postemployment health care benefits by a county, city, village, or township as provided in this act shall not constitute a contract to pay the postemployment health care benefits. (2) Before a county, city, village, or township issues a municipal security under this section, the county, city, village, or township shall publish a notice of intent to issue the municipal security. The notice of intent and the rights of referendum shall meet the requirements of section 517(2) except that petitioners shall have 60 days after the publication of the notice of intent to file a petition and the registered elector requirement shall be not less than 5% or 10,000 registered electors, whichever is less. (3) A county, city, village, or township by resolution and with a vote of its electors may issue a municipal security pledging its unlimited taxes to pay the costs of an unfunded accrued liability. (4) The proceeds of a municipal security issued under this section may be used to pay the costs of issuance of the municipal security. The proceeds of a municipal security issued under this section shall be deposited in a health care trust fund; a trust created by the issuer which has as its beneficiary a health care trust fund; or for a county, city, village, or township, a restricted fund within a trust that would only be used to retire the municipal securities issued under subsection (1) or (3). A county, city, village, or township shall have the power to create a trust to carry out the purposes of this subsection. The trust created under this subsection shall invest its funds in the same manner as funds invested by a health care trust fund. The trust created under this subsection shall comply with all of the following: (a) Report its financial condition according to generally accepted accounting principles. (b) Be tax exempt under the internal revenue code. (5) Before a county, city, village, or township issues a municipal security under this section, the county, city, village, or township shall prepare and make available to the public a comprehensive financial plan that includes all of the following: (a) Evidence that the issuance of the municipal security together with other funds lawfully available will be sufficient to eliminate the unfunded accrued liability. (b) A debt service amortization schedule and a description of actions required to satisfy the debt service amortization schedule. (c) A certification by the person preparing the plan that the comprehensive financial plan is complete and accurate. (d) Documentation that the issuance of municipal securities will result in projected present value savings regarding the unfunded accrued liability. (e) A plan in place from the county, city, village, or township to mitigate the increase in health care costs and may include a wellness program that promotes the maintenance or improvement of healthy behaviors. (6) Municipal securities issued under subsection (1) or (3) by a county, city, village, or township, and currently outstanding, shall not exceed 5% of the state equalized valuation of the property assessed in that county, city, village, or township. (7) Municipal securities issued under subsection (1) or (3) by a county, city, village, or township and the interest on and income from the municipal securities are exempt from taxation by this state or a political subdivision of this state. (8) A county, city, village, or township issuing municipal securities under subsection (1) or (3) may enter into indentures or other agreements with trustees and escrow agents for the issuance, administration, or payment of the municipal securities. (9) Municipal securities issued under subsection (1) or (3) by a county, city, village, or township shall not on a cumulative basis exceed 75% of current unfunded accrued liabilities on postemployment health care benefits owed to employees of the county, city, village, or township that exist on the date of the amendatory act that added this subsection. (10) A county, city, village, or township shall not issue a municipal security under subsection (1) or (3) unless the county, city, village, or township has been assigned a credit rating within the category of A or higher by at least 1 nationally recognized rating agency. (11) A county, city, village, or township shall not issue a municipal security under subsection (1) or (3) unless the projected difference between the assumed rate of return on the health care trust fund investments and the projected actual interest rate paid on the municipal securities issued under subsection (1) or (3) is not less than 100 basis points. (12) Before a county, city, village, or township issues a municipal security under this section, the county, city, village, or township shall obtain the approval of the department of treasury. The department of treasury shall review the proposed issuance of municipal securities and if it verifies that the county, city, village, or township meets the requirements of this section, the department of treasury shall approve the issuance of municipal securities under this section. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No. ____ or House Bill No. 4074(request no. 0121509). (b) Senate Bill No. ____ or House Bill No. 4077(request no. 0121609)
|
State financing and management; bonds; bonding authority for prefunded retiree health care; provide for. Amends 2001 PA 34 (MCL 141.2101 - 141.2821) by adding sec. 518. TIE BAR WITH: HB 407409, HB 407709
|
Retirement; state employees; membership eligibility for retirement board; modify. Amends sec. 3 of 1943 PA 240 (MCL 38.3)
|
A bill to amend, entitled State employees retirement act, by amending section 3. Sec. 3. (1) The retirement board shall consist of 9 11 members, as follows: (a) The insurance commissioner, the attorney general, the state treasurer, the deputy legislative auditor general, and the state personnel director. (b) Two Three employee members of the retirement system, who shall be appointed by the governor. Not more than 1 employee member of the retirement board shall be from any 1 department, bureau, or agency of state government. The term of office of the employee members shall be 3 4 years. No employee member shall be employed in a department represented by a member identified in subdivision (a). (c) The 2 3 retirant members shall be retirants of the retirement system, who shall be appointed by the governor. The term of office of the retirant members shall be 3 4 years. (2) After the effective date of this amendatory act, the seat of the first employee member to retire at the expiration of the members present term or the members retirement from active service, whichever shall be first, shall be filled by the appointment of a second retirant member
|
Retirement; state employees; membership eligibility for retirement board; modify. Amends sec. 3 of 1943 PA 240 (MCL 38.3)
|
State financing and management; bonds; bonding authority for prefunded retiree health care; provide for. Amends sec. 103 of 2001 PA 34 (MCL 141.2103). TIE BAR WITH: HB 407409, HB 407509
|
A bill to amend, entitled Revised municipal finance act, by amending section 103. Sec. 103. As used in this act: (a) Assessed value, assessed valuation, valuation as assessed, and valuation as shown by the last preceding tax assessment roll, or similar terms, used in this act, any statute, or charter as a basis for computing limitations upon the taxing or borrowing power of any municipality, mean the state equalized valuation as determined under the general property tax act, o 211.157 211.155. (b) Chief administrative officer means that term as defined in section 2b of the uniform budgeting and accounting act, b. (c) Debt means all borrowed money, loans, and other indebtedness, including principal and interest, evidenced by bonds, obligations, refunding obligations, notes, contracts, securities, refunding securities, municipal securities, or certificates of indebtedness that are lawfully issued or assumed, in whole or in part, by a municipality, or will be evidenced by a judgment or decree against the municipality. (d) Debt retirement fund means a segregated account or group of accounts used to account for the payment of, interest on, or principal and interest on a municipal security. (e) Deficit means a situation for any fund of a municipality in which, at the end of a fiscal year, total expenditures, including an accrued deficit, exceeded total revenues for the fiscal year, including any surplus carried forward. (f) Department means the department of treasury. (g) Fiscal year means a 12-month period fixed by statute, charter, or ordinance, or if not so fixed, then as determined by the department. (h) Governing body means the county board of commissioners of a county; the township board of a township; the council, common council, or commission of a city; the council, commission, or board of trustees of a village; the board of education or district board of a school district; the board of an intermediate school district; the board of trustees of a community college district; the county drain commissioner or drainage board of a drainage district; the board of the district library; the legislative body of a metropolitan district; the port commission of a port district; and, in the case of another governmental authority or agency, that official or official body having general governing powers over the authority or agency. (i) Health care trust fund means a trust or fund created in accordance with the public employee health care fund investment act, o 38.1216, or other state or federal statute, and used exclusively to provide funding for postemployment health care benefits for public employee retirees of a county, city, village, or township. A health care trust fund also includes the retiree health fund vehicle administered by the municipal employees retirement system described in the municipal employees retirement act of 1984, o 38.1555, for a county, city, village, or township that has adopted the municipal employee retirement system to provide funding for postemployment health care benefits for public employee retirees. (j) (i) Municipal security means a security that when issued was not exempt from this act or the municipal finance act, former, o 139.3, by the provisions of this act or by the provisions of the municipal finance act, former, o 139.3, or by the provisions of the law authorizing its issuance and that is payable from or secured by any of the following: (i) Ad valorem real and personal property taxes. (ii) Special assessments. (iii) The limited or unlimited full faith and credit pledge of the municipality. (iv) Other sources of revenue described in this act for debt or securities authorized by this act. (k) (j) Municipality means a county, township, city, village, school district, intermediate school district, community college district, metropolitan district, port district, drainage district, district library, or another governmental authority or agency in this state that has the power to issue a security. Municipality does not include this state or any authority, agency, fund, commission, board, or department of this state. (l) (k) Outstanding security means a security that has been issued, but not defeased or repaid, including a security that when issued was exempt from this act or the municipal finance act, former, o 139.3, by the provisions of this act or by the provisions of the municipal finance act, former, o 139.3, or by the provisions of the law authorizing its issuance. (m) (l) Qualified status means a municipality that has filed a qualifying statement under section 303 and has been determined by the department to be qualified to issue municipal securities without further approval by the department. (n) (m) Refunding security means a municipal security issued to refund an outstanding security. (o) (n) Security means an evidence of debt such as a bond, note, contract, obligation, refunding obligation, certificate of indebtedness, or other similar instrument issued by a municipality, which pledges payment of the debt by the municipality from an identified source of revenue. (p) (o) Sinking fund means a fund for the payment of principal only of a mandatory redemption security. (q) (p) Taxable value means the taxable value of the property as determined under section 27a of the general property tax act, a. (r) Unfunded accrued liability means the difference between the assets and liabilities of a health care trust fund as determined by an actuarial study conducted pursuant to Rule 43 or of the governmental accounting standards board. Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law: (a) Senate Bill No.____ or House Bill No. 4075(request no. 0121409). (b) Senate Bill No.____ or House Bill No. 4074(request no. 0121509)
|
State financing and management; bonds; bonding authority for prefunded retiree health care; provide for. Amends sec. 103 of 2001 PA 34 (MCL 141.2103). TIE BAR WITH: HB 407409, HB 407509
|
Retirement; judges; consolidation of employee retirement health care funds with employee health care funds; provide for. Amends sec. 205 of 1992 PA 234 (MCL 38.2205)
|
A bill to amend, entitled The judges retirement act of 1992, by amending section 205. Sec. 205. The department shall be responsible for the budgeting, procurement, and related management functions of the retirement system. Beginning July 1, 2009, the department shall authorize and administer the group health insurance plan and, if applicable, the dental plan and vision plan applicable to retirants, retirement allowance beneficiaries, and former qualified participants. The director of the bureau office of retirement systems in the department is the executive secretary of the retirement system. The executive secretary, with department approval, shall employ the services of an actuary and, subject to rules of the civil service commission, shall employ medical advisers, clerical, technical, and administrative employees the executive secretary considers necessary for the proper operation of the retirement system
|
Retirement; judges; consolidation of employee retirement health care funds with employee health care funds; provide for. Amends sec. 205 of 1992 PA 234 (MCL 38.2205)
|
Retirement; state police; consolidation of employee retirement health care funds; provide for. Amends sec. 42 of 1986 PA 182 (MCL 38.1642)
|
A bill to amend, entitled State police retirement act of 1986, by amending Sec. 42. (1) Hospitalization and medical coverage insurance premiums payable by a retirant or his or her retirement allowance beneficiary and his or her dependents under any group health plan authorized by the Michigan civil service commission, the retirement board, and the department shall be paid in amounts provided by this subsection from appropriations for this purpose made to the retirement system. Until October 1, 1989, the amount payable by the retirement system shall be 90% of the entire monthly premium payable for hospitalization and medical coverage insurance. Beginning October 1, 1989, the amount payable by the retirement system shall be 95% of the entire monthly premium payable for hospitalization and medical coverage insurance. (2) Effective October 1, 1989, dental coverage and vision coverage insurance premiums payable by a retirant or his or her retirement allowance beneficiary and his or her dependents under any group health plan authorized by the Michigan civil service commission, the retirement board, and the department shall be paid in amounts provided by this subsection from appropriations for this purpose made to the retirement system funding account. The amount payable by the retirement system shall be 90% of the entire monthly premium payable for dental coverage and vision coverage insurance. (3) The health-dental-vision benefits fund is created and shall be the fund into which appropriations of the state for health, dental, and vision benefits are paid. Benefits payable pursuant to subsections (1) and (2) shall be payable from the health-dental-vision benefits fund. The assets and any earnings on the assets contained in the health-dental-vision benefits fund and the health advance funding subaccount account are not to be treated as pension assets for any purpose. (4) The health advance funding subaccount account is the account to which amounts transferred pursuant to section 14(3) 14(4) are credited. Any amounts received from the health advance funding subaccount and accumulated earnings on those amounts shall not be expended until the actuarial accrued liability for health benefits under this section is at least 100% funded. The department may expend funds or transfer funds to another account to expend for health benefits under this section if the actuarial accrued liability for health benefits under this section is at least 100% funded. (5) Notwithstanding any other provision of this section, the department may transfer amounts from the health advance funding subaccount to the reserve for employer contributions created by section if the actuarial valuation prepared pursuant to section demonstrates that, as of the beginning of a fiscal year, and after all credits and transfers required by this act for the previous fiscal year have been made, the sum of the actuarial value of assets and the actuarial present value of future normal cost contributions does not exceed the actuarial present value of benefits
|
Retirement; state police; consolidation of employee retirement health care funds; provide for. Amends sec. 42 of 1986 PA 182 (MCL 38.1642)
|
Retirement; legislative; health benefits for retired legislators; revise. Amends sec. 79 of 1957 PA 261 (MCL 38.1079)
|
Introduced by Reps. Knollenberg, Moss, McMillin and Rogers and referred to the Committee on Judiciary. A bill to amend, entitled Michigan legislative retirement system act, by amending Sec. 79. (1) A former qualified participant who became a qualified participant before January 1, 2007 may elect health insurance benefits in the manner prescribed in this section if he or she meets both of the following requirements: (a) The former qualified participant is vested in health benefits under section 75(2). (b) The former qualified participant meets 1 of the following requirements: (i) He or she meets or exceeds the benefit commencement age employed in the actuarial present value calculation under section and the service requirements that would have applied to that former participant under Tier 1 for receiving health insurance coverage under section 50b, if that former participant was a member of Tier 1. (ii) He or she is 55 years of age or older. (2) A former qualified participant who is eligible to elect health insurance coverage under subsection (1) may elect health insurance coverage in a health benefit plan or plans as authorized by section 50b. A former qualified participant who is eligible to elect health insurance coverage under subsection (1) may also elect health insurance coverage for his or her health benefit dependents, if any. A surviving health benefit dependent of a deceased former qualified participant who is eligible to elect health insurance coverage under subsection (1) may elect health insurance coverage to begin at the death of the deceased former qualified participant in the manner prescribed in this section. (3) An individual who elects health insurance coverage under this section shall become a member of a health insurance coverage group authorized pursuant to section 50b. (4) For a former qualified participant who is eligible to elect health insurance coverage under subsection (1) and who is vested in those benefits under section 75(2)(a) or (c), and for his or her health benefit dependents, this state shall pay a portion of the health insurance premium as calculated under this subsection on a cash disbursement method. An individual described in this subsection who elects health insurance coverage under this section shall pay to the retirement system the remaining portion of the health insurance coverage premium not paid by this state under this subsection. The portion of the health insurance coverage premium paid by this state under this subsection shall be 90% of the payments for health insurance coverage under section 50b. If the individual elects the health insurance coverage provided under section 50b, this state shall transfer its portion of the amount calculated under this subsection to the health insurance fund created by section 22c. (5) For a former qualified participant who is eligible to elect health insurance coverage under subsection (1) and who is vested in those benefits under section 75(2)(b), and for his or her health benefit dependents, this state shall pay a portion of the health insurance premium as calculated under this subsection on a cash disbursement method. An individual described in this subsection who elects health insurance coverage under this section shall pay to the retirement system the remaining portion of the health insurance coverage premium not paid by this state under this subsection. The portion of the health insurance coverage premium paid by this state under this subsection shall be equal to the premium amounts paid on behalf of retirants of Tier 1 for health insurance coverage under section 50b. If the individual elects the health insurance coverage provided under section 50b, the state shall transfer its portion of the amount calculated under this subsection to the health insurance fund created by section 22c. (6) If the department of management and budget receives notification from the United States internal revenue service that this section or any portion of this section will cause the retirement system to be disqualified for tax purposes under the internal revenue code, then the portion that will cause the disqualification does not apply
|
Retirement; legislative; health benefits for retired legislators; revise. Amends sec. 79 of 1957 PA 261 (MCL 38.1079)
|
Local government; other; right-to-work zone; permit. Amends sec. 14 of 1939 PA 176 (MCL 423.14) & adds sec. 14a
|
Introduced by Reps. Knollenberg, McMillin and Rogers and referred to the Committee on Labor. A bill to amend, entitled An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act, by amending section 14 and by adding section 14a. Sec. 14. Nothing Except as provided in section 14a, nothing in this act shall be construed to interfere interferes with the right of an employer to enter into an all-union agreement with 1 labor organization if it is the only organization established among his employes or her employees and recognized by him or her, by consent, as the representative of a majority of his employes or her employees; nor shall does anything in this act be construed to interfere with the right of the employer to make an all-union agreement with more than 1 labor organization established among his employes or her employees if such the labor organizations are recognized by him or her, by consent, as the representatives of a majority of his employes or her employees. Sec. 14a. If a city, county, township, village, public school district, or intermediate school district has authorized a right- to-work zone within its boundaries by a vote of its governing body or by adoption of a measure initiated by the people, the commission shall not enforce an all-union shop agreement covering employees in that zone that the employer entered into or renewed after the date of adoption of the measure
|
Local government; other; right-to-work zone; permit. Amends sec. 14 of 1939 PA 176 (MCL 423.14) & adds sec. 14a
|
Elections; candidates; candidate who loses primary election running as write-in candidate for same office at general election; prohibit except under certain circumstances. Amends sec. 737a of 1954 PA 116 (MCL 168.737a)
|
Introduced by Reps. Rogers and Paul Scott and referred to the Committee on Ethics and Elections. 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) Except as otherwise provided in this subsection, a candidate for an office whose name is printed on a primary election ballot and who loses the primary election shall not be eligible to file a declaration of intent to be a write-in candidate for that same office at the general election. This prohibition does not apply if a candidate whose name is printed on the general election ballot for that office dies or is otherwise disqualified before the general election. (4) (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. (5) (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
|
Elections; candidates; candidate who loses primary election running as write-in candidate for same office at general election; prohibit except under certain circumstances. Amends sec. 737a of 1954 PA 116 (MCL 168.737a)
|
State financing and management; funds; strategic fund; modify eligibility requirements. Amends sec. 11 of 1984 PA 270 (MCL 125.2011). TIE BAR WITH: SB 050209, SB 053909
|
Miller, Robert Jones, Polidori, Liss, Haugh, Terry Brown, Lisa Brown, Segal, Valentine, Geiss, Roberts, Barnett, Kennedy, Bauer, Slavens, Angerer and Ebli A bill to amend, entitled Michigan strategic fund act, by amending Sec. 11. (1) Within 90 days after assistance for a project is requested from the fund by the filing of a written application with the board, the board shall approve or disapprove the request for assistance. Upon written request by an applicant, the board may reconsider its denial of an application for assistance under this section or may waive the 90-day deadline for approving or disapproving an application. (2) Beginning July 1, 2009, the board shall not approve a request for assistance for a project or an economic development project, or a loan or grant under chapter 8A, unless the applicant states, in writing, that the applicant will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (3) Beginning July 1, 2009, the board shall not approve a request for assistance for a project or an economic development project, or a loan or grant under chapter 8A, unless the applicant states, in writing, that the applicant will do all of the following: (a) Hire only residents of this state to work on projects, economic development projects, or facilities that are constructed with a loan or grant provided under chapter 8A unless the board determines that the project, economic development project, or facilities that are constructed with a loan or grant provided under chapter 8A cannot be constructed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (b) Contract with businesses that agree to hire only residents of this state to work on projects, economic development projects, or facilities that are constructed with a loan or grant provided under chapter 8A unless the board determines that the project, economic development project, or facilities that are constructed with a loan or grant provided under chapter 8A cannot be constructed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (4) Beginning July 1, 2009, the written agreement described in subsections (2) and (3) shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the applicants financing, loan, or grant is revoked under this act if the applicant is determined to be in violation of subsections (2) or (3), as determined by the board. (b) A requirement that the applicant may be required to repay some or all of the benefits received under this act if the applicant is determined to be in violation of the provisions of subsections (2) or (3), as determined by the board. (5) Not later than February 1 each year, the board shall report to each house of the legislature on the activities for the immediately preceding fiscal year. The report shall contain all of the following: (a) The number of Michigan residents employed in new jobs from projects, economic development projects, or facilities constructed with a loan or grant provided under chapter 8A in the immediately preceding year. (b) The number of Michigan residents employed in new jobs and the number of new jobs created from other economic development initiatives that are required to be reported to the board. (c) The specific reasons for each determination of exemption from the provisions of subsection (3)(a) or (b) made by the board and the number of jobs related to each determination. (d) Any other information the board determines necessary. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4087(request no. 0113709) of the 95th Legislature is enacted into law
|
State financing and management; funds; strategic fund; modify eligibility requirements. Amends sec. 11 of 1984 PA 270 (MCL 125.2011). TIE BAR WITH: SB 050209, SB 053909
|
Economic development; brownfield redevelopment authority; eligibility requirements; modify. Amends sec. 15 of 1996 PA 381 (MCL 125.2665)
|
A bill to amend, entitled Brownfield redevelopment financing act, by amending Sec. 15. (1) An authority shall not do any of the following: (a) For eligible activities not described in section 13(15), use taxes levied for school operating purposes captured from eligible property unless the eligible activities to be conducted on the eligible property are eligible activities under part 201 of the natural resources and environmental protection act, o 324.20142, consistent with a work plan approved by the department after July 24, 1996 and before January 1, 2013. However, except as provided in subdivision (e), an authority may use taxes levied for school operating purposes captured from eligible property without the approval of a work plan by the department for the reasonable costs of 1 or more of the following: (i) Site investigation activities required to conduct a baseline environmental assessment and to evaluate compliance with section 20107a of the natural resources and environmental protection act, a. (ii) Completing a baseline environmental assessment report. (iii) Preparing a plan for compliance with section 20107a of the natural resources and environmental protection act, a. (b) For eligible activities not described in section 13(15), other than activities that are exempt from the work plan approval process under subsection (1)(a), use funds from a local site remediation revolving fund that are derived from taxes levied for school operating purposes unless the eligible activities to be conducted are eligible activities under part 201 of the natural resources and environmental protection act, o 324.20142, consistent with a work plan that has been approved by the department after July 24, 1996. (c) Use funds from a local site remediation revolving fund created pursuant to section 8 that are derived from taxes levied for school operating purposes for the eligible activities described in section 13(15) unless the eligible activities to be conducted are consistent with a work plan approved by the Michigan economic growth authority. (d) Use taxes captured from eligible property to pay for eligible activities conducted before approval of the brownfield plan except for costs described in section 13(16). (e) Use taxes levied for school operating purposes captured from eligible property for response activities that benefit a party liable under section 20126 of the natural resources and environmental protection act, except that a municipality that established the authority may use taxes levied for school operating purposes captured from eligible property for response activities associated with a landfill. (f) Use taxes captured from eligible property to pay for administrative and operating activities of the authority or the municipality on behalf of the authority except for costs described in section 13(16) and for the reasonable costs for preparing a work plan for the eligible property, including the actual cost of the review of the work plan under this section. (2) To seek department approval of a work plan under subsection (1)(a) or (b), the authority shall submit all of the following for each eligible property: (a) A copy of the brownfield plan. (b) Current ownership information for each eligible property and a summary of available information on proposed future ownership, including the amount of any delinquent taxes, interest, and penalties that may be due. (c) A summary of available information on the historical and current use of each eligible property, including a brief summary of site conditions and what is known about environmental contamination as that term is defined in section 20101 of the natural resources and environmental protection act, (d) Existing and proposed future zoning for each eligible property. (e) A brief summary of the proposed redevelopment and future use for each eligible property. (f) A separate work plan, or part of a work plan, for each eligible activity to be undertaken. (3) Upon receipt of a request for approval of a work plan under subsection (2) or a portion of a work plan that pertains to only baseline environmental assessment activities or due care activities, or both, the department shall review the work plan according to subsection (4) and provide 1 of the following written responses to the requesting authority within 60 days: (a) An unconditional approval. (b) A conditional approval that delineates specific necessary modifications to the work plan to meet the criteria of subsection (4), including, but not limited to, individual activities to be added or deleted from the work plan and revision of costs. (c) If the work plan lacks sufficient information for the department to respond under subdivision (a), (b), or (d) for any specific activity, a letter stating with specificity the necessary additions or changes to the work plan to be submitted before that activity will be considered by the department. The department shall respond under subdivision (a), (b), or (d) according to this section for the other activities in the work plan. (d) A denial if the property is not an eligible property under this act, if the work plan contemplates the use of taxes levied for school operating purposes prohibited by subsection (1)(e), or for any specific activity if the activity is prohibited by subsection (1)(d). The department may also deny any activity in a work plan that does not meet the conditions in subsection (4) only if the department cannot respond under subdivision (b) or (c). The department shall accompany the denial with a letter that states with specificity the reason for the denial. The department shall respond under subdivision (a), (b), or (c) according to this section for any activities in the work plan that are not denied under this subdivision. If the department denies all or a portion of a work plan under this subdivision, the authority may subsequently resubmit the work plan. (4) The department may approve a work plan if the following conditions have been met: (a) Whether some or all of the activities constitute due care activities or additional response activities other than activities that are exempt from the work plan approval process under subsection (1)(a). (b) The due care activities and response activities, other than the activities that are exempt from the work plan approval process under subsection (1)(a), are protective of the public health, safety, and welfare and the environment. The department may approve additional response activities that are more protective of the public health, safety, and welfare and the environment than required by section 20107a of the natural resources and environmental protection act, a, if those activities provide public health or environmental benefit. In review of a work plan that includes activities that are more protective of the public health, safety, and welfare and the environment, the departments considerations may include, but are not limited to, all of the following: (i) Proposed new land use and reliability of restrictions to prevent exposure to contamination. (ii) Cost of implementation activities minimally necessary to achieve due care compliance, the incremental cost of all additional response activities relative to the cost of all response activities, and the total cost of all response activities. (iii) Long-term obligations associated with leaving contamination in place and the value of reducing or eliminating these obligations. (c) The estimated costs for the activities as a whole are reasonable for the stated purpose. Except as provided in subdivision (b), the department shall make the determination in this subdivision only after the department determines that the conditions in subdivisions (a) and (b) have been met. (5) If the department fails to provide a written response under subsection (3) within 60 days after receipt of a request for approval of a work plan, the authority may proceed with the activities as outlined in the work plan as submitted for approval. Except as provided in subsection (6), activities conducted pursuant to a work plan that was submitted to the department for approval but for which the department failed to provide a written response under subsection (3) shall be considered approved for the purposes of subsection (1). Within 45 days after receiving additional information requested from the authority under subsection (3)(c), the department shall review the additional information according to subsection (4) and provide 1 of the responses described in subsection (3) to the requesting authority for the specific activity. If the department does not provide a response to the requesting authority within 45 days after receiving the additional information requested under subsection (3)(c), the activity is approved under subsection (1). (6) The department may issue a written response to a work plan more than 60 days but less than 6 months after receipt of a request for approval. If the department issues a written response under this subsection, the authority is not required to conduct individual activities that are in addition to the individual activities included in the work plan as it was submitted for approval and failure to conduct these additional activities shall not affect the authoritys ability to capture taxes under subsection (1) for the eligible activities described in the work plan initially submitted under subsection (5). In addition, at the option of the authority, these additional individual activities shall be considered part of the work plan of the authority and approved for purposes of subsection (1). However, any response by the department under this subsection that identifies additional individual activities that must be carried out to satisfy part 201 of the natural resources and environmental protection act, o 324.20142, must be satisfactorily completed for the activities to be considered acceptable for the purposes of compliance with part 201 of the natural resources and environmental protection act, o 324.20142. (7) If the department issues a written response under subsection (6) to a work plan and if the departments written response modifies an individual activity proposed by the work plan of the authority in a manner that reduces or eliminates a proposed response activity, the authority must complete those individual activities in accordance with the departments response in order for that portion of the work plan to be considered approved for purposes of subsection (1), unless 1 or more of the following conditions apply: (a) Obligations for the individual activity have been issued by the authority, or by a municipality on behalf of the authority, to fund the individual activity prior to issuance of the departments response. (b) The individual activity has commenced or payment for the work has been irrevocably obligated prior to issuance of the departments response. (8) It shall be in the sole discretion of an authority to propose to undertake additional response activities at an eligible property under a brownfield plan. The department shall not require a work plan to include additional response activities. (9) The department shall review the portion of a work plan that includes additional response activities in accordance with subsection (4). (10) The departments approval or denial of a work plan submitted under this section constitutes a final decision in regard to the use of taxes levied for school operating purposes but does not restrict an authoritys use of tax increment revenues attributable to local taxes to pay for eligible activities under a brownfield plan. If a person is aggrieved by the final decision, the person may appeal under section 631 of the revised judicature act of 1961, (11) The authority shall reimburse the department for the actual cost incurred by the department or a contractor of the department to review a work plan under subsection (1)(a) or (b) under this section. Funds paid to the department under this subsection shall be deposited in the cost recovery subaccount of the cleanup and redevelopment fund created under section 20108 of the natural resources and environmental protection act, (12) The department shall submit a report each year on or before March 1 to each member of the legislature that contains all of the following: (a) A compilation and summary of all the information submitted under subsection (2). (b) The amount of tax increment revenues approved by the department in the immediately preceding calendar year, including taxes levied for school operating purposes, to conduct eligible activities. (13) To seek Michigan economic growth authority approval of a work plan under subsection (1)(c) or section 13(15), the authority shall submit all of the following for each eligible property: (a) A copy of the brownfield plan. (b) Current ownership information for each eligible property and a summary of available information on proposed future ownership, including the amount of any delinquent taxes, interest, and penalties that may be due. (c) A summary of available information on the historical and current use of each eligible property. (d) Existing and proposed future zoning for each eligible property. (e) A brief summary of the proposed redevelopment and future use for each eligible property. (f) A separate work plan, or part of a work plan, for each eligible activity described in section 13(15) to be undertaken. (g) A copy of the development agreement or reimbursement agreement required under section 13(15), which shall include, but is not limited to, a detailed summary of any and all ownership interests, monetary considerations, fees, revenue and cost sharing, charges, or other financial arrangements or other consideration between the parties. (14) Upon receipt of a request for approval of a work plan, the Michigan economic growth authority shall provide 1 of the following written responses to the requesting authority within 65 days: (a) An unconditional approval that includes an enumeration of eligible activities and a maximum allowable capture amount. (b) A conditional approval that delineates specific necessary modifications to the work plan, including, but not limited to, individual activities to be added or deleted from the work plan and revision of costs. (c) A denial and a letter stating with specificity the reason for the denial. If a work plan is denied under this subsection, the work plan may be subsequently resubmitted. (15) In its review of a work plan under subsection (1)(c) or section 13(15), the Michigan economic growth authority shall consider the following criteria to the extent reasonably applicable to the type of activities proposed as part of that work plan when approving or denying a work plan: (a) Whether the individual activities included in the work plan are sufficient to complete the eligible activity. (b) Whether each individual activity included in the work plan is required to complete the eligible activity. (c) Whether the cost for each individual activity is reasonable. (d) The overall benefit to the public. (e) The extent of reuse of vacant buildings and redevelopment of blighted property. (f) Creation of jobs. (g) Whether the eligible property is in an area of high unemployment. (h) The level and extent of contamination alleviated by or in connection with the eligible activities. (i) The level of private sector contribution. (j) The cost gap that exists between the site and a similar greenfield site as determined by the Michigan economic growth authority. (k) If the developer or projected occupant of the new development is moving from another location in this state, whether the move will create a brownfield. (l) Whether the project of the developer, landowner, or corporate entity that is included in the work plan is financially and economically sound. (m) Other state and local incentives available to the developer, landowner, or corporate entity for the project of the developer, landowner, or corporate entity that is included in the work plan. (n) Any other criteria that the Michigan economic growth authority considers appropriate for the determination of eligibility or for approval of the work plan. (16) If the Michigan economic growth authority fails to provide a written response under subsection (14) within 65 days after receipt of a request for approval of a work plan, the eligible activities shall be considered approved and the authority may proceed with the eligible activities described in section 13(15) as outlined in the work plan as submitted for approval. (17) The Michigan economic growth authoritys approval of a work plan under section 13(15) is final. (18) The authority shall reimburse the Michigan economic growth authority for the actual cost incurred by the Michigan economic growth authority or a contractor of the Michigan economic growth authority to review a work plan under this section. (19) The Michigan economic growth authority shall submit a report each year on or before March 1 to each member of the legislature that contains all of the following: (a) A compilation and summary of all the information submitted under subsection (13). (b) The amount of tax increment revenues approved by the Michigan economic growth authority in the immediately preceding calendar year, including taxes levied for school operating purposes, to conduct eligible activities. (20) All taxes levied for school operating purposes that are not used for eligible activities consistent with a work plan approved by the department or the Michigan economic growth authority or for the payment of interest under section 13 and that are not deposited in a local site remediation revolving fund shall be distributed proportionately between the local school district and the school aid fund. (21) An authority shall not use taxes levied for school operating purposes captured from eligible property for eligible activities for a qualified facility or for eligible activities for property located in an economic opportunity zone. (22) The departments approval of a work plan under subsection (3)(a) or (b) does not imply an entitlement to reimbursement of the costs of the eligible activities if the work plan is not implemented as approved. (23) The applicant and the department can, by mutual agreement, extend the time period for any review described in this section. An agreement described in this subsection shall be documented in writing. (24) Beginning July 1, 2009, the authority shall not use tax increment revenues to pay or reimburse a business entity for eligible activities on eligible properties unless the business entity states, in writing, that the business entity will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (25) Beginning July 1, 2009, the authority shall not use tax increment revenues to pay or reimburse a business entity for eligible activities on eligible properties unless the business entity states, in writing, that the business entity will do all of the following: (a) Hire only residents of this state to perform eligible activities on eligible properties under this act unless the authority determines that the eligible activities cannot be performed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (b) Contract with businesses that agree to hire only residents of this state to perform eligible activities on eligible properties under this act unless the authority determines that the eligible activities cannot be performed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (26) Beginning July 1, 2009, the written agreement described in subsections (24) and (25) shall also contain a remedy provision that provides for all of, but not limited to, a requirement that the business entity may be required to repay some or all of the payments or reimbursements received under this act if the eligible business is determined to be in violation of the provisions of subsection (24) or (25), as determined by the authority. (27) Each authority shall report to the board of the Michigan strategic fund and on October 1 on the activities of the authority. The report shall include, but is not limited to, all of the following: (a) The number of Michigan residents employed in new jobs in the immediately preceding year in which subsections (24) and (25) apply. (b) The total number of new jobs created in all jobs in the immediately preceding year in which subsections (24) and (25) apply. (c) The specific reasons for each determination of exemption from the provisions of subsection (25)(a) or (b) made by the authority and the number of jobs related to each determination. (28) The attorney general or appropriate agency of this state shall be responsible for any enforcement necessary to ensure compliance after the applicant has signed the agreement under the provisions described in subsections (24), (25), and (26)
|
Economic development; brownfield redevelopment authority; eligibility requirements; modify. Amends sec. 15 of 1996 PA 381 (MCL 125.2665)
|
State financing and management; purchasing; hiring requirement; modify. Amends sec. 241a of 1984 PA 431 (MCL 18.1241a)
|
A bill to amend, entitled The management and budget act, by amending section 241a a), as added by. Sec. 241a. The department shall require that each contract entered into for construction, alteration, repair, or rebuilding of a state building or other state property contain a clause requiring that of the persons working on a project and employed by the contractor or subcontractor of the contractor, not less than 50% 100% shall have been residents of this state for not less than 1 year before beginning work, except that the percentage shall be reduced or the clause omitted to the extent that residents are not available or to the extent necessary to comply with a federal law or regulation concerning federal funds used for the project. A breach of the clause shall be considered a material breach of the contract. This section shall not apply to employers who are signatory to collective bargaining agreements and which agreements allow for the portability of the employees on an interstate basis
|
State financing and management; purchasing; hiring requirement; modify. Amends sec. 241a of 1984 PA 431 (MCL 18.1241a)
|
Labor; fair employment practices; requirement for prevailing wage compliance and for legal workers to perform labor on state contracts; establish. Amends sec. 264 of 1984 PA 431 (MCL 18.1264) & adds sec. 264a
|
A bill to amend, entitled The management and budget act, by amending section 264 as added by, and by adding section 264a. Sec. 264. The department may debar a vendor from participation in the bid process and from contract award upon notice and a finding that the vendor is not able to perform responsibly;, or that the vendor, or an officer or an owner of a 25% or greater share of the vendor, has demonstrated a lack of integrity that could jeopardize the states interest if the state were to contract with the vendor; that the department has received notice that a federal agency has found the vendor to have violated 8 USC 1324a(a) in an action under 8 USC 1324a(e) as to employees performing work under the contract; or that the vendor has violated the provisions of, o 408.558, if applicable, in the performance of a state contract. Sec. 264a. The department shall include a clause requiring the contractor to allow only individuals who are authorized to work in the United States to perform services under the contract and a clause stating that the contractor shall not violate the provisions of, o 408.558, if applicable, in each contract it enters into that includes services
|
Labor; fair employment practices; requirement for prevailing wage compliance and for legal workers to perform labor on state contracts; establish. Amends sec. 264 of 1984 PA 431 (MCL 18.1264) & adds sec. 264a
|
State financing and management; purchasing; reporting requirements; provide for. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 241c
|
A bill to amend, entitled The management and budget act, o 18.1594) by adding section 241c. Sec. 241c. Not later than February 1 each year, the department shall report to the board of the Michigan strategic fund on the contracts described in section 241a for the immediately preceding fiscal year. The report shall contain all of the following: (a) The number of Michigan residents employed in new jobs from the construction, alteration, repair, or rebuilding of a state building or other state property in the immediately preceding year. (b) The number of new jobs created from the construction, alteration, repair, or rebuilding of a state building or other state property in the immediately preceding year. (c) The specific reason for each extension or omission granted to the residency requirement under section 241a
|
State financing and management; purchasing; reporting requirements; provide for. Amends 1984 PA 431 (MCL 18.1101 - 18.1594) by adding sec. 241c
|
Economic development; renaissance zones; eligibility requirements; modify. Amends secs. 15 & 16 of 1996 PA 376 (MCL 125.2695 & 125.2696) & adds secs. 8g & 8h
|
A bill to amend, entitled Michigan renaissance zone act, by amending sections 15 and 16 and 125.2696), and by adding sections 8g and 8h. Sec. 8g. Beginning July 1, 2009, when designating a renaissance zone under section 8a(2), 8c, 8d, 8e, or 8f, if all other considerations are equal, the board or the Michigan strategic fund, as applicable, shall give preference to an applicant for renaissance zone status if the applicant agrees, in writing, to do all of the following: (a) Hire only residents of this state to operate a facility in the renaissance zone, unless the board or the Michigan strategic fund, as applicable, determines that the facility cannot be operated by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (b) Contract with businesses that agree to hire only residents of this state to construct a facility in the renaissance zone, unless the board or the Michigan strategic fund, as applicable, determines that the facility cannot be constructed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. Sec. 8h. (1) Beginning July 1, 2009, if the board or the Michigan strategic fund, as applicable, designates a renaissance zone under section 8a(2), 8c, 8d, 8e, or 8f, a taxpayer that is a business is not able to claim the exemption, deduction, or credit under this act unless that taxpayer enters into a contract with the board or the Michigan strategic fund, as applicable, that provides that, for any work in the renaissance zone, the taxpayer will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (2) The contract with the taxpayer described in this section and section 8g shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the taxpayer is not eligible to claim any future exemptions, deductions, or credits under this act if the taxpayer is determined to be in violation of the provisions of this section or section 8g, if applicable, as determined by the board or the Michigan strategic fund, as applicable. (b) A requirement that the taxpayer may be required to repay some or all of the exemptions, deductions, or credits received under this act if the taxpayer is determined to be in violation of the provisions of this section or section 8g, if applicable, as determined by the board or the Michigan strategic fund, as applicable. Sec. 15. The department of Michigan jobs commission energy, labor, and economic growth shall annually report to the board of the Michigan strategic fund and to the legislature on the economic effects of this act in each renaissance zone. The report shall include, but is not limited to, all of the following for each renaissance zone: (a) Number of new jobs created. (b) Percentage change in aggregate taxable value and state equalized value. (c) Average wage of new jobs created. (d) Percentage change of adjusted gross income of residents. (e) The number of Michigan residents employed in new jobs in the immediately preceding year. (f) The total number of new jobs created in the immediately preceding year. (g) The specific reasons for each determination of exemption from the provisions of section 8g(a) or (b) made by the board or the Michigan strategic fund and the number of jobs related to each determination. Sec. 16. A state research university shall annually report to the legislature on the economic effects of this act in each renaissance zone. The report shall include, but is not limited to, all of the following for each renaissance zone: (a) Number of new jobs created. (b) Percentage change in aggregate taxable value and state equalized value. (c) Average wage of new jobs created. (d) Percentage change of adjusted gross income of residents. (e) The number of Michigan residents employed in new jobs in the immediately preceding year. (f) The total number of new job created in the immediately preceding year. (g) The specific reasons for each determination of exemption from the provisions of section 8g(a) or (b) made by the board or the Michigan strategic fund and the number of jobs related to each determination
|
Economic development; renaissance zones; eligibility requirements; modify. Amends secs. 15 & 16 of 1996 PA 376 (MCL 125.2695 & 125.2696) & adds secs. 8g & 8h
|
Economic development; Michigan economic growth authority; eligibility requirements; modify. Amends secs. 8 & 10 of 1995 PA 24 (MCL 207.808 & 207.810). TIE BAR WITH: SB 050209, SB 053909
|
A bill to amend, entitled Michigan economic growth authority act, by amending sections 8 and 10 and 207.810), Sec. 8. (1) After receipt of an application, the authority may enter into an agreement with an eligible business for a tax credit under section 9 if the authority determines that all of the following are met: (a) Except as provided in subsection (5), the eligible business creates 1 or more of the following as determined by the authority and provided with written agreement: (i) A minimum of 50 qualified new jobs at the facility if expanding in this state. (ii) A minimum of 50 qualified new jobs at the facility if locating in this state. (iii) A minimum of 25 qualified new jobs at the facility if the facility is located in a neighborhood enterprise zone as determined under the neighborhood enterprise zone act, o 207.786, is located in a renaissance zone under the Michigan renaissance zone act, o 125.2696, or is located in a federally designated empowerment zone, rural enterprise community, or enterprise community. (iv) A minimum of 5 qualified new jobs at the facility if the eligible business is a qualified high-technology business. (v) A minimum of 5 qualified new jobs at the facility if the eligible business is a rural business. (b) Except as provided in subsection (5), the eligible business agrees to maintain 1 or more of the following for each year that a credit is authorized under this act: (i) A minimum of 50 qualified new jobs at the facility if expanding in this state. (ii) A minimum of 50 qualified new jobs at the facility if locating in this state. (iii) A minimum of 25 qualified new jobs at the facility if the facility is located in a neighborhood enterprise zone as determined under the neighborhood enterprise zone act, o 207.786, is located in a renaissance zone under the Michigan renaissance zone act, o 125.2696, or is located in a federally designated empowerment zone, rural enterprise community, or enterprise community. (iv) If the eligible business is a qualified high-technology business, all of the following apply: (A) A minimum of 5 qualified new jobs at the facility. (B) A minimum of 25 qualified new jobs at the facility within years after the date of the expansion or location as determined by the authority and a minimum of 25 qualified new jobs at the facility each year thereafter for which a credit is authorized under this act. (v) If the eligible business is a rural business, all of the following apply: (A) A minimum of 5 qualified new jobs at the facility. (B) A minimum of 25 qualified new jobs at the facility within years after the date of the expansion or location as determined by the authority. (c) Except as provided in subsection (5) and as otherwise provided in this subdivision, in addition to the jobs specified in subdivision (b), the eligible business, if already located within this state, agrees to maintain a number of full-time jobs equal to or greater than the number of full-time jobs it maintained in this state prior to the expansion, as determined by the authority. After an eligible business has entered into a written agreement as provided in subsection (2), the authority may adjust the number of full-time jobs required to be maintained by the authorized business under this subdivision, in order to adjust for decreases in full- time jobs in the authorized business in this state due to the divestiture of operations, provided a single other person continues to maintain those full-time jobs in this state. The authority shall not approve a reduction in the number of full-time jobs to be maintained unless the authority has determined that it can monitor the maintenance of the full-time jobs in this state by the other person, and the authorized business agrees in writing that the continued maintenance of the full-time jobs in this state by the other person, as determined by the authority, is a condition of receiving tax credits under the written agreement. A full-time job maintained by another person under this subdivision, that otherwise meets the requirements of section 3(i) 3(j), shall be considered a full-time job, notwithstanding the requirement that a full-time job be performed by an individual employed by an authorized business, or an employee leasing company or professional employer organization on behalf of an authorized business. (d) Except as otherwise provided in this subdivision, the wage paid for each retained job and qualified new job is equal to or greater than 150% of the federal minimum wage. However, if the eligible business is a qualified high-wage activity, then the wage paid for each qualified new job is equal to or greater than 300% of the federal minimum wage. However, beginning on the effective date of the amendatory act that added this sentence August 4, 2008, the authority may include the value of the health care benefit in determining the wage paid for each retained job or qualified new job for an eligible business under this act. (e) The plans for the expansion, retention, or location are economically sound. (f) Except for an eligible business described in subsection (5)(c), the eligible business has not begun construction of the facility. (g) The expansion, retention, or location of the eligible business will benefit the people of this state by increasing opportunities for employment and by strengthening the economy of this state. (h) The tax credits offered under this act are an incentive to expand, retain, or locate the eligible business in Michigan and address the competitive disadvantages with sites outside this state. (i) A cost/benefit analysis reveals that authorizing the eligible business to receive tax credits under this act will result in an overall positive fiscal impact to the state. (j) If the eligible business is a qualified high-technology business described in section 3(m)(i) 3(n), the eligible business agrees that not less than 25% of the total operating expenses of the business will be maintained for research and development for the first 3 years of the written agreement. (2) If the authority determines that the requirements of subsection (1), (5), (9), or (11) have been met, the authority shall determine the amount and duration of tax credits to be authorized under section 9, and shall enter into a written agreement as provided in this section. The duration of the tax credits shall not exceed 20 years or for an authorized business that is a distressed business, 3 years. In determining the amount and duration of tax credits authorized, the authority shall consider the following factors: (a) The number of qualified new jobs to be created or retained jobs to be maintained. (b) The average wage and health care benefit level of the qualified new jobs or retained jobs relative to the average wage and health care benefit paid by private entities in the county in which the facility is located. (c) The total capital investment or new capital investment the eligible business will make. (d) The cost differential to the business between expanding, locating, or retaining new jobs in Michigan and a site outside of Michigan. (e) The potential impact of the expansion, retention, or location on the economy of Michigan. (f) The cost of the credit under section 9, the staff, financial, or economic assistance provided by the local government unit, or local economic development corporation or similar entity, and the value of assistance otherwise provided by this state. (g) Whether the expansion, retention, or location will occur in this state without the tax credits offered under this act. (h) Whether the authorized business reuses or redevelops property that was previously used for an industrial or commercial purpose in locating the facility. (3) A written agreement between an eligible business and the authority shall include, but need not be limited to, all of the following: (a) A description of the business expansion, retention, or location that is the subject of the agreement. (b) Conditions upon which the authorized business designation is made. (c) A statement by the eligible business that a violation of the written agreement may result in the revocation of the designation as an authorized business and the loss or reduction of future credits under section 9. (d) A statement by the eligible business that a misrepresentation in the application may result in the revocation of the designation as an authorized business and the refund of credits received under section 9. (e) A method for measuring full-time jobs before and after an expansion, retention, or location of an authorized business in this state. (f) A written certification from the eligible business regarding all of the following: (i) The eligible business will follow a competitive bid process for the construction, rehabilitation, development, or renovation of the facility, and that this process will be open to all Michigan residents and firms. The eligible business may not discriminate against any contractor on the basis of its affiliation or nonaffiliation with any collective bargaining organization. (ii) The eligible business will make a good faith effort to employ, if qualified, Michigan residents at the facility. (iii) The eligible business will make a good faith effort to employ or contract with Michigan residents and firms to construct, rehabilitate, develop, or renovate the facility. (iv) The eligible business is encouraged to make a good faith effort to utilize Michigan-based suppliers and vendors when purchasing goods and services. (g) A condition that if the eligible business qualified under subsection (5)(b)(ii) and met the subsection (1)(e) requirement by filing a chapter 11 plan of reorganization, the plan must be confirmed by the bankruptcy court within 6 years of the date of the agreement or the agreement is rescinded. (4) Upon execution of a written agreement as provided in this section, an eligible business is an authorized business. (5) Through December 31, 2007, after receipt of an application, the authority may enter into a written agreement with an eligible business that meets 1 or more of the following criteria: (a) Is located in this state on the date of the application, makes new capital investment of $250,000,000.00 in this state, and maintains retained jobs, as determined by the authority. (b) Meets 1 or more of the following criteria: (i) Relocates production of a product to this state after the date of the application, makes capital investment of $500,000,000.00 in this state, and maintains 500 retained jobs, as determined by the authority. (ii) Maintains 150 retained jobs at a facility, maintains 1,000 or more full-time jobs in this state, and makes new capital investment in this state. (iii) Is located in this state on the date of the application, maintains at least 100 retained jobs at a single facility, and agrees to make new capital investment at that facility equal to the greater of $100,000.00 per retained job maintained at that facility or $10,000,000.00 to be completed or contracted for not later than December 31, 2007. (iv) Maintains 300 retained jobs at a facility; the facility is at risk of being closed and if it were to close, the work would go to a location outside this state, as determined by the authority; new management or new ownership is proposed for the facility that is committed to improve the viability of the facility, unless otherwise provided in this subparagraph; and the tax credits offered under this act are necessary for the facility to maintain operations. The authority may not enter into a written agreement under this subparagraph after December 31, 2007. Of the written agreements entered into under this subparagraph, the authority may enter into 3 written agreements under this subparagraph that are excluded from the requirements of subsection (1)(e), (f), and (h), and (i) if the authority considers it in the public interest and if the eligible business would have met the requirements of subsection (1)(g), and (h), and (k) within the immediately preceding 6 months from the signing of the written agreement for a tax credit. Of the 3 written agreements described in this subparagraph, the authority may also waive the requirement for new management if the existing management and labor make a commitment to improve the viability and productivity of the facility to better meet international competition as determined by the authority. (v) Maintains 100 retained jobs at a facility; is a rural business, unless otherwise provided in this subparagraph; the facility is at risk of being closed and if it were to close, the work would go to a location outside this state, as determined by the authority; new management or new ownership is proposed for the facility that is committed to improve the viability of the facility; and the tax credits offered under this act are necessary for the facility to maintain operations. The authority may not enter into a written agreement under this subparagraph after December 31, 2007. Of the written agreements entered into under this subparagraph, the authority may enter into 3 written agreements under this subparagraph that are excluded from the requirements of subsection (1)(e), (f), and (h) if the authority considers it in the public interest and if the eligible business would have met the requirements of subsection (1)(g), (1)(e) and (h), and (e) within the immediately preceding 6 months from the signing of the written agreement for a tax credit. Of the 3 written agreements described in this subparagraph, the authority may also waive the requirement that the business be a rural business if the business is located in a county with a population of 500,000 or more and 600,000 or less. (vi) Maintains 175 retained jobs and makes new capital investment at a facility in a county with a population of not less than 7,500 but not greater than 8,000. (vii) Is located in this state on the date of the application, maintains at least 675 retained jobs at a facility, agrees to create new jobs, and agrees to make a new capital investment of at least $45,000,000.00 to be completed or contracted for not later than December 31, 2007. Of the written agreements entered into under this subparagraph, the authority may enter into 1 written agreement under this subparagraph that is excluded from the requirements of subsection (1)(f) if the authority considers it in the public interest. (viii) Is located in this state on the date of the application, makes new capital investment of $250,000,000.00 or more in this state, and makes that capital investment at a facility located north of the 45th parallel. (c) Is a distressed business. (6) Each year, the authority shall not execute new written agreements that in total provide for more than 400 yearly credits over the terms of those agreements entered into that year for eligible businesses that are not qualified high-technology businesses, distressed businesses, rural businesses, or an eligible business described in subsection (11). (7) The authority shall not execute more than 50 new written agreements each year for eligible businesses that are qualified high-technology businesses or rural business. Only 25 of the 50 written agreements for businesses that are qualified high- technology businesses or rural business may be executed each year for qualified rural businesses. (8) The authority shall not execute more than 20 new written agreements each year for eligible businesses that are distressed businesses. The authority shall not execute more than 5 of the written agreements described in this subsection each year for distressed businesses that had 1,000 or more full-time jobs at a facility years immediately preceding the application to the authority under this act. The authority shall not execute more than new written agreements each year for eligible businesses described in subsection (11). The authority shall not execute more than new written agreements each year for eligible businesses described in subsection (11) in local governmental units that have a population greater than 16,000. (9) Beginning January 1, 2008, after receipt of an application, the authority may enter into a written agreement with an eligible business that does not meet the criteria described in subsection (1), if the eligible business meets all of the following: (a) Agrees to retain not fewer than 50 jobs. (b) Agrees to invest, through construction, acquisition, transfer, purchase, contract, or any other method as determined by the authority, at a facility equal to $50,000.00 or more per retained job maintained at the facility. (c) Certifies to the authority that, without the credits under this act and without the new capital investment, the facility is at risk of closing and the work and jobs would be removed to a location outside of this state. (d) Certifies to the authority that the management or ownership is committed to improving the long-term viability of the facility in meeting the national and international competition facing the facility through better management techniques, best practices, including state of the art lean manufacturing practices, and market diversification. (e) Certifies to the authority that it will make best efforts to keep jobs in Michigan when making plant location and closing decisions. (f) Certifies to the authority that the workforce at the facility demonstrates its commitment to improving productivity and profitability at the facility through various means. (10) Beginning on the effective date of the amendatory act that added this subsection April 28, 2008, if the authority enters into a written agreement with an eligible business, the written agreement shall include a repayment provision of all or a portion of the credits received by the eligible business for a facility if the eligible business moves full-time jobs outside this state during the term of the written agreement and for a period of years after the term of the written agreement, as determined by the authority. (11) Beginning January 1, 2008, after receipt of an application, the authority may enter into a written agreement with an eligible business that does not meet the criteria described in subsection (1), if the eligible business meets all of the following: (a) Agrees to create or retain not fewer than 15 jobs. (b) Agrees to occupy property that is a historic resource as that term is defined in section 435 of the Michigan business tax act, and that is located in a downtown district as defined in section 1 of, (c) The average wage paid for each retained job and full-time job is equal to or greater than 150% of the federal minimum wage. (12) Beginning July 1, 2009, the authority shall not enter into a written agreement with an eligible business unless the eligible business states, in writing, that the eligible business will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (13) Beginning July 1, 2009, when determining which qualifying businesses qualify for the tax credits under this act, if all other considerations are equal, the authority shall give preference to an eligible business that states, in writing, the eligible business will do all of the following: (a) Hire only residents of this state to construct, rehabilitate, develop, or renovate the facility under this act unless the authority determines that the facility cannot be constructed, rehabilitated, developed, or renovated by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (b) Contract with businesses that agree to hire only residents of this state to construct, rehabilitate, develop, or renovate the facility under this act unless the authority determines that the facility cannot be constructed, rehabilitated, developed, or renovated by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (14) Beginning July 1, 2009, a written agreement entered into with the eligible business shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the eligible businesss credits are revoked under this act if the eligible business is determined to be in violation of the provisions of subsection (12) or, if applicable, subsection (13), as determined by the authority. (b) A requirement that the eligible business may be required to repay some or all of the benefits received under this act if the eligible business is determined to be in violation of the provisions of subsection (12) or, if applicable, subsection (13), as determined by the authority. Sec. 10. The authority shall report to the board of the Michigan strategic fund and both houses of the legislature yearly on October 1 on the activities of the authority. The report shall include, but is not limited to, all of the following: (a) The total amount of capital investment attracted under this act. (b) The total number of qualified new jobs created under this act. (c) The total number of new written agreements. (d) Name and location of all authorized businesses and the names and addresses of all of the following: (i) The directors and officers of the corporation if the authorized business is a corporation. (ii) The partners of the partnership or limited liability partnership if the authorized business is a partnership or limited liability partnership. (iii) The members of the limited liability company if the authorized business is a limited liability company. (e) The amount and duration of the tax credit separately for each authorized business. (f) The amount of any fee, donation, or other payment of any kind from the authorized business to the Michigan economic development corporation or a foundation or fund associated with the Michigan economic development corporation paid or made in the previous reporting year end or, if it is the first reporting year for the authorized business, for the immediately preceding 3 calendar years. (g) The total number of new written agreements entered into under section 8(5) and, of those written agreements, the number in which the board determined that it was in the public interest to waive or more of the requirements of section 8(1). (h) The number of Michigan residents employed in qualified new jobs that were created or retained in the immediately preceding year. (i) The specific reasons for each determination of exemption from the provisions of section 8(13)(a) or (b) made by the authority and the number of jobs related to each determination. (j) The details of the good faith efforts required under section 8(3)(f)(ii), (iii), and (iv). Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4087(request no. 0113709) of the 95th Legislature is enacted into law
|
Economic development; Michigan economic growth authority; eligibility requirements; modify. Amends secs. 8 & 10 of 1995 PA 24 (MCL 207.808 & 207.810). TIE BAR WITH: SB 050209, SB 053909
|
Michigan business tax; other; historic preservation tax credit preferences and penalties under certain circumstances; provide for. Amends sec. 435 of 2007 PA 36 (MCL 208.1435)
|
A bill to amend, entitled Michigan business tax act, by amending Sec. 435. (1) A qualified taxpayer with a rehabilitation plan certified after December 31, 2007 or a qualified taxpayer that has a rehabilitation plan certified before January 1, 2008 under section 39c of former for the rehabilitation of an historic resource for which a certification of completed rehabilitation has been issued after the end of the taxpayers last tax year may credit against the tax imposed by this act the amount determined pursuant to subsection (2) for the qualified expenditures for the rehabilitation of an historic resource pursuant to the rehabilitation plan in the year in which the certification of completed rehabilitation of the historic resource is issued. Only those expenditures that are paid or incurred during the time periods prescribed for the credit under section 47(a)(2) of the internal revenue code and any related treasury regulations shall be considered qualified expenditures. (2) The credit allowed under this subsection shall be 25% of the qualified expenditures that are eligible, or would have been eligible except that the taxpayer entered into an agreement under subsection (13), for the credit under section 47(a)(2) of the internal revenue code if the taxpayer is eligible for the credit under section 47(a)(2) of the internal revenue code or, if the taxpayer is not eligible for the credit under section 47(a)(2) of the internal revenue code, 25% of the qualified expenditures that would qualify under section 47(a)(2) of the internal revenue code except that the expenditures are made to an historic resource that is not eligible for the credit under section 47(a)(2) of the internal revenue code, subject to both of the following: (a) A taxpayer with qualified expenditures that are eligible for the credit under section 47(a)(2) of the internal revenue code may not claim a credit under this section for those qualified expenditures unless the taxpayer has claimed and received a credit for those qualified expenditures under section 47(a)(2) of the internal revenue code or the taxpayer has entered into an agreement under subsection (13). (b) A credit under this subsection shall be reduced by the amount of a credit received by the taxpayer for the same qualified expenditures under section 47(a)(2) of the internal revenue code. (3) To Subject to subsection (29), to be eligible for the credit under subsection (2), the taxpayer shall apply to and receive from the Michigan historical center certification that the historic significance, the rehabilitation plan, and the completed rehabilitation of the historic resource meet the criteria under subsection (6) and either of the following: (a) All of the following criteria: (i) The historic resource contributes to the significance of the historic district in which it is located. (ii) Both the rehabilitation plan and completed rehabilitation of the historic resource meet the federal secretary of the interiors standards for rehabilitation and guidelines for rehabilitating historic buildings, 36 CFR part 67. (iii) All rehabilitation work has been done to or within the walls, boundaries, or structures of the historic resource or to historic resources located within the property boundaries of the property. (b) The taxpayer has received certification from the national park service that the historic resources significance, the rehabilitation plan, and the completed rehabilitation qualify for the credit allowed under section 47(a)(2) of the internal revenue code. (4) If a qualified taxpayer is eligible for the credit allowed under section 47(a)(2) of the internal revenue code, the qualified taxpayer shall file for certification with the center to qualify for the credit allowed under section 47(a)(2) of the internal revenue code. If the qualified taxpayer has previously filed for certification with the center to qualify for the credit allowed under section 47(a)(2) of the internal revenue code, additional filing for the credit allowed under this section is not required. (5) The center may inspect an historic resource at any time during the rehabilitation process and may revoke certification of completed rehabilitation if the rehabilitation was not undertaken as represented in the rehabilitation plan or if unapproved alterations to the completed rehabilitation are made during the 5 years after the tax year in which the credit was claimed. The center shall promptly notify the department of a revocation. (6) Qualified expenditures for the rehabilitation of an historic resource may be used to calculate the credit under this section if the historic resource meets 1 of the criteria listed in subdivision (a) and 1 of the criteria listed in subdivision (b): (a) The resource is 1 of the following during the tax year in which a credit under this section is claimed for those qualified expenditures: (i) Individually listed on the national register of historic places or state register of historic sites. (ii) A contributing resource located within an historic district listed on the national register of historic places or the state register of historic sites. (iii) A contributing resource located within an historic district designated by a local unit pursuant to an ordinance adopted under the local historic districts act, o 399.215. (b) The resource meets 1 of the following criteria during the tax year in which a credit under this section is claimed for those qualified expenditures: (i) The historic resource is located in a designated historic district in a local unit of government with an existing ordinance under the local historic districts act, o 399.215. (ii) The historic resource is located in an incorporated local unit of government that does not have an ordinance under the local historic districts act, o 399.215, and has a population of less than 5,000. (iii) The historic resource is located in an unincorporated local unit of government. (iv) The historic resource is located in an incorporated local unit of government that does not have an ordinance under the local historic districts act, o 399.215, and is located within the boundaries of an association that has been chartered under, o 455.72. (v) The historic resource is subject to a historic preservation easement. (7) For projects for which a certificate of completed rehabilitation is issued for a tax year beginning before January 1, 2009, if a qualified taxpayer is a partnership, limited liability company, or subchapter S corporation, the qualified taxpayer may assign all or any portion of a credit allowed under this section to its partners, members, or shareholders, based on the partners, members, or shareholders proportionate share of ownership or based on an alternative method approved by the department. A credit assignment under this subsection is irrevocable and shall be made in the tax year in which a certificate of completed rehabilitation is issued. A qualified taxpayer may claim a portion of a credit and assign the remaining credit amount. A partner, member, or shareholder that is an assignee shall not subsequently assign a credit or any portion of a credit assigned to the partner, member, or shareholder under this subsection. A credit amount assigned under this subsection may be claimed against the partners, members, or shareholders tax liability under this act or under the income tax act of 1967, o 206.532. A credit assignment under this subsection shall be made on a form prescribed by the department. The qualified taxpayer and assignees shall attach a copy of the completed assignment form to the department in the tax year in which the assignment is made and attach a copy of the completed assignment form to the annual return required to be filed under this act for that tax year. (8) For projects for which a certificate of completed rehabilitation is issued for a tax year beginning after December 31, 2008, a qualified taxpayer may assign all or any portion of the credit allowed under this section. A credit assignment under this subsection is irrevocable and shall be made in the tax year in which a certificate of completed rehabilitation is issued. A qualified taxpayer may claim a portion of a credit and assign the remaining amount. If the qualified taxpayer both claims and assigns portions of the credit, the qualified taxpayer shall claim the portion it claims in the tax year in which a certificate of completed rehabilitation is issued pursuant to this section. An assignee may subsequently assign the credit or any portion of the credit assigned under this subsection to 1 or more assignees. An assignment or subsequent reassignment of a credit can be made in the year the certificate of completed rehabilitation is issued. A credit assignment or subsequent reassignment under this section shall be made on a form prescribed by the department. The department or its designee shall review and issue a completed assignment or reassignment certificate to the assignee or reassignee. A credit amount assigned under this subsection may be claimed against the assignees tax under this act or under the income tax act of 1967, o 206.532. An assignee or subsequent reassignee shall attach a copy of the completed assignment certificate to the annual return required to be filed under this act or under the income tax act of 1967, o 206.532, for the tax year in which the assignment or reassignment is made and the assignee or reassignee first claims the credit, which shall be the same tax year. (9) If the credit allowed under this section for the tax year and any unused carryforward of the credit allowed by this section exceed the taxpayers tax liability for the tax year, that portion that exceeds the tax liability for the tax year shall not be refunded but may be carried forward to offset tax liability in subsequent tax years for 10 years or until used up, whichever occurs first. An unused carryforward of a credit under section 39c of former that was unused at the end of the last tax year for which former was in effect may be claimed against the tax imposed under this act for the years the carryforward would have been available under section 39c of former. For projects for which a certificate of completed rehabilitation is issued for a tax year beginning after December 31, 2008 and for which the credit amount allowed is less than $250,000.00, a qualified taxpayer may elect to forgo the carryover period and receive a refund of the amount of the credit that exceeds the qualified taxpayers tax liability. The amount of the refund shall be equal to 90% of the amount of the credit that exceeds the qualified taxpayers tax liability. An election under this subsection shall be made in the year that a certificate of completed rehabilitation is issued and shall be irrevocable. (10) For tax years beginning before January 1, 2009, if the taxpayer sells an historic resource for which a credit was claimed under this section or under section 39c of former less than years after the year in which the credit was claimed, the following percentage of the credit amount previously claimed relative to that historic resource shall be added back to the tax liability of the taxpayer in the year of the sale: (a) If the sale is less than 1 year after the year in which the credit was claimed, 100%. (b) If the sale is at least 1 year but less than 2 years after the year in which the credit was claimed, 80%. (c) If the sale is at least 2 years but less than 3 years after the year in which the credit was claimed, 60%. (d) If the sale is at least 3 years but less than 4 years after the year in which the credit was claimed, 40%. (e) If the sale is at least 4 years but less than 5 years after the year in which the credit was claimed, 20%. (f) If the sale is 5 years or more after the year in which the credit was claimed, an addback to the taxpayers tax liability shall not be made. (11) For tax years beginning before January 1, 2009, if a certification of completed rehabilitation is revoked under subsection (5) less than 5 years after the year in which a credit was claimed under this section or under section 39c of former, the following percentage of the credit amount previously claimed relative to that historic resource shall be added back to the tax liability of the taxpayer in the year of the revocation: (a) If the revocation is less than 1 year after the year in which the credit was claimed, 100%. (b) If the revocation is at least 1 year but less than 2 years after the year in which the credit was claimed, 80%. (c) If the revocation is at least 2 years but less than 3 years after the year in which the credit was claimed, 60%. (d) If the revocation is at least 3 years but less than 4 years after the year in which the credit was claimed, 40%. (e) If the revocation is at least 4 years but less than 5 years after the year in which the credit was claimed, 20%. (f) If the revocation is 5 years or more after the year in which the credit was claimed, an addback to the taxpayers tax liability shall not be made. (12) Except as otherwise provided under subsection (13), for tax years beginning after December 31, 2008, if a certificate of completed rehabilitation is revoked under subsection (5) or (22) or an historic resource is sold or disposed of less than 5 years after the historic resource is placed in service as defined in section 47(b)(1) of the internal revenue code and related treasury regulations or if a certificate of completed rehabilitation issued after December 1, 2008 is revoked under subsection (5) or (22) during a tax year beginning after December 31, 2008 or an historic resource is sold or disposed of less than 5 years after the historic resource is placed in service during a tax year beginning after December 31, 2008, the following percentage of the credit amount previously claimed relative to that historic resource shall be added back to the tax liability of the qualified taxpayer that received the certificate of completed rehabilitation and not the assignee in the year of the revocation: (a) If the revocation is less than 1 year after the historic resource is placed in service, 100%. (b) If the revocation is at least 1 year but less than 2 years after the historic resource is placed in service, 80%. (c) If the revocation is at least 2 years but less than 3 years after the historic resource is placed in service, 60%. (d) If the revocation is at least 3 years but less than 4 years after the historic resource is placed in service, 40%. (e) If the revocation is at least 4 years but less than 5 years after the historic resource is placed in service, 20%. (f) If the revocation is at least 5 years or more after the historic resource is placed in service, an addback to the qualified taxpayer tax liability shall not be required. (13) Subsection (12) shall not apply if the qualified taxpayer enters into a written agreement with the state historic preservation office that will allow for the transfer or sale of the historic resource and provides the following: (a) Reasonable assurance that subsequent to the transfer the property will remain a historic resource during the 5-year period after the historic resource is placed in service. (b) A method that the department can recover an amount from the taxpayer equal to the appropriate percentage of credit added back as described under subsection (12). (c) An encumbrance on the title to the historic resource being sold or transferred, stating that the property must remain a historic resource throughout the 5-year period after the historic resource is placed in service. (d) A provision for the payment by the taxpayer of all legal and professional fees associated with the drafting, review, and recording of the written agreement required under this subsection. (14) The department of history, arts, and libraries through the Michigan historical center may impose a fee to cover the administrative cost of implementing the program under this section. (15) The qualified taxpayer shall attach all of the following to the qualified taxpayers annual return required under this act or under the income tax act of 1967, o 206.532, if applicable, on which the credit is claimed: (a) Certification of completed rehabilitation. (b) Certification of historic significance related to the historic resource and the qualified expenditures used to claim a credit under this section. (c) A completed assignment form if the qualified taxpayer or assignee has assigned any portion of a credit allowed under this section or if the taxpayer is an assignee of any portion of a credit allowed under this section. (16) The department of history, arts, and libraries shall promulgate rules to implement this section pursuant to the administrative procedures act of 1969, o 24.328. (17) The total of the credits claimed under subsection (2) and section of the income tax act of 1967, for a rehabilitation project shall not exceed 25% of the total qualified expenditures eligible for the credit under subsection (2) for that rehabilitation project. (18) The department of history, arts, and libraries through the Michigan historical center shall report all of the following to the legislature and the board of the Michigan strategic fund annually for the immediately preceding state fiscal year: (a) The fee schedule used by the center and the total amount of fees collected. (b) A description of each rehabilitation project certified. (c) The location of each new and ongoing rehabilitation project. (d) The number of Michigan residents employed in new jobs in the immediately preceding year. (e) The total number of new jobs created in the immediately preceding year. (f) The specific reasons for each determination of exemption from the provisions of subsection (28)(a) or (b) made by the center and the number of jobs related to each determination. (19) In addition to the credit allowed under subsection (2) and subject to the criteria under this subsection and subsections (21), (22), and (23), and (29), for tax years that begin on and after letter issued on or before December 31, 2013 may claim an additional credit that has been approved under this subsection or subsection (20) against the tax imposed by this act equal to a percentage established in the taxpayers preapproval letter of the qualified taxpayers qualified expenditures for the rehabilitation of an historic resource or the actual amount of the qualified taxpayers qualified expenditures incurred during the completion of the rehabilitation of an historic resource, whichever is less. The total amount of all additional credits approved under this subsection shall not exceed $8,000,000.00 in calendar year ending December 31, 2009; $9,000,000.00 in calendar year ending December 31, 2010; $10,000,000.00 in calendar year ending December 31, 2011; $11,000,000.00 in calendar year ending December 31, 2012; and $12,000,000.00 in calendar year ending December 31, 2013 and, except as otherwise provided under this subsection, at least, 25% of the allotted amount for additional credits approved under this subsection during each calendar year shall be allocated to rehabilitation plans that have $1,000,000.00 or less in qualified expenditures. On October 1 of each calendar year, if the total of all credits approved under subsection (19)(a) for the calendar year is less than the minimum allotted amount, the department of history, arts, and libraries may use the remainder of that allotted amount to approve applications for additional credits submitted under subsection (19)(b) for that calendar year. To be eligible for the additional credit under this subsection, the taxpayer shall apply to and receive a preapproval letter and comply with the following: (a) For a rehabilitation plan that has $1,000,000.00 or less in qualified expenditures, the taxpayer shall apply to the department of history, arts, and libraries for approval of the additional credit under this subsection. Subject to the limitation provided under this subsection, the director of the department of history, arts, and libraries or his or her designee is authorized to approve an application under this subdivision and determine the percentage of at least 10% but not more than 15% of the taxpayers qualified expenditures for which he or she may claim an additional credit. If the director of the department of history, arts, and libraries or his or her designee approves the application under this subdivision, then he or she shall issue a preapproval letter to the taxpayer that states that the taxpayer is a qualified taxpayer and the maximum percentage of the qualified expenditures on which a credit may be claimed for the rehabilitation plan when it is complete and a certification of completed rehabilitation is issued. (b) For a rehabilitation plan that has more than $1,000,000.00 in qualified expenditures, the taxpayer shall apply to the department of history, arts, and libraries for approval of the additional credit under this subsection. The director of the department of history, arts, and libraries or his or her designee, subject to the approval of the president of the Michigan strategic fund or his or her designee, is authorized to approve an application under this subdivision and determine the percentage of up to 15% of the taxpayers qualified expenditures for which he or she may claim an additional credit. An application shall be approved or denied not more than 15 business days after the director of the department of history, arts, and libraries or his or her designee has reviewed the application, determined the percentage amount of the credit for that applicant, and submitted the same to the president of the Michigan strategic fund or his or her designee. If the president of the Michigan strategic fund or his or her designee does not approve or deny the application within business days after the application is received from the department of history, arts, and libraries, the application is considered approved and the credit awarded in the amount as determined by the director of the department of history, arts, and libraries or his or her designee. If the president of the Michigan strategic fund or his or her designee approves the application under this subdivision, the director of the department of history, arts, and libraries or his or her designee shall issue a preapproval letter to the taxpayer that states that the taxpayer is a qualified taxpayer and the maximum percentage of the qualified expenditures on which a credit may be claimed for the rehabilitation plan when it is complete and a certification of completed rehabilitation is issued. (20) The director of the department of history, arts, and libraries or his or her designee, subject to the approval of the president of the Michigan strategic fund and the state treasurer, may approve 3 additional credits during the 2009 calendar year of up to 15% of the qualified taxpayers qualified expenditures, and 2 additional credits during the 2010, 2011, 2012, and 2013 calendar years of up to 15% of the qualified taxpayers qualified expenditures, for certain rehabilitation plans that the director of the department of history, arts, and libraries or his or her designee determines is a high community impact rehabilitation plan that will have a significantly greater historic, social, and economic impact than those plans described under subsection (19)(a) and (b). To be eligible for the additional credit under this subsection, the taxpayer shall apply to and receive a preapproval letter from the department of history, arts, and libraries. An application shall be approved or denied not more than 15 business days after the director of the department of history, arts, and libraries or his or her designee has reviewed the application, determined the percentage amount of the credit for that applicant, and submitted the same to the president of the Michigan strategic fund and the state treasurer. If the president of the Michigan strategic fund and the state treasurer do not approve or deny the application within 15 business days after the application is received from the department of history, arts, and libraries, the application is considered approved and the credit awarded in the amount as determined by the director of the department of history, arts, and libraries or his or her designee. If the president of the Michigan strategic fund and the state treasurer approve the application under this subdivision, the director of the department of history, arts, and libraries or his or her designee shall issue a preapproval letter to the taxpayer that states that the taxpayer is a qualified taxpayer and the maximum percentage of the qualified expenditures on which a credit may be claimed for the high community impact rehabilitation plan when it is complete and a certification of completed rehabilitation is issued. Before approving a credit under this subsection, the director of the department of history, arts, and libraries or his or her designee shall consider all of the following criteria to the extent reasonably applicable: (a) The importance of the historic resource to the community in which it is located. (b) If the rehabilitation of the historic resource will act as a catalyst for additional rehabilitation or revitalization of the community in which it is located. (c) The potential that the rehabilitation of the historic resource will have for creating or preserving jobs and employment in the community in which it is located. (d) Other social benefits the rehabilitation of the historic resource will bring to the community in which it is located. (e) The amount of local community and financial support for the rehabilitation of the historic resource. (f) The taxpayers financial need of the additional credit. (g) Whether the taxpayer is eligible for the credit allowed under section 47(a)(2) of the internal revenue code. (h) Any other criteria that the director of the department of history, arts, and libraries, the president of the Michigan strategic fund, and the state treasurer consider appropriate for the determination of approval under this subsection. (21) The maximum amount of credit that a taxpayer or an assignee may claim under subsection (20) during a tax year is $3,000,000.00. If the amount of the credit approved in the taxpayers certificate of completed renovation is greater than $3,000,000.00 that portion that exceeds the cap shall be carried forward to offset tax liability in subsequent tax years until used up. (22) Before approving a credit, determining the amount of such credit, and issuing a preapproval letter for such credit under subsection (19) or before considering an amendment to the preapproval letter, the director of the department of history, arts, and libraries or his or her designee shall consider the following criteria to the extent reasonably applicable: (a) The importance of the historic resource to the community. (b) The physical condition of the historic resource. (c) The taxpayers financial need of the additional credit. (d) The overall economic impact the renovation will have on the community. (e) Any other criteria that the director of the department of history, arts, and libraries and the president of the Michigan strategic fund, as applicable, consider appropriate for the determination of approval under subsection (19). (23) The director of the department of history, arts, and libraries or his or her designee may at any time before a certification of completed rehabilitation is issued for a credit for which a preapproval letter was issued pursuant to subsection (19) do the following: (a) Subject to the limitations and parameters under subsection (19), make amendments to the preapproval letter, which may include revising the amount of qualified expenditures for which the taxpayer may claim the additional credit under subsection (19). (b) Revoke the preapproval letter if he or she determines that there has not been substantial progress toward completion of the rehabilitation plan or that the rehabilitation plan cannot be completed. The director of the department of history, arts, and libraries or his or her designee shall provide the qualified taxpayer with a notice of his or her intent to revoke the preapproval letter 45 days prior to the proposed date of revocation. (24) If a preapproval letter is revoked under subsection (23)(b), the amount of the credit approved under that preapproval letter shall be added to the annual cap in the calendar year that the preapproval letter is revoked. After a certification of completed rehabilitation is issued for a rehabilitation plan approved under subsection (19), if the director of the department of history, arts, and libraries or his or her designee determines that the actual amount of the additional credit to be claimed by the taxpayer for the calendar year is less than the amount approved under the preapproval letter, the difference shall be added to the annual cap in the calendar year that the certification of completed rehabilitation is issued. (25) Unless otherwise specifically provided under subsections (19) through (24), all other provisions under this section such as the recapture of credits, assignment of credits, and refundability of credits in excess of a qualified taxpayers tax liability apply to the additional credits issued under subsections (19) and (20). (26) In addition to meeting the criteria in subsection (20)(a) through (h), 2 of the 3 credits available under subsection (20) during the 2009 calendar year for a high community impact rehabilitation plan shall be for an application meeting 1 of the following criteria: (a) All of the following: (i) The historic resource must be at least 80 years old. (ii) The historic resource must comprise at least 75,000 total square feet. (iii) The historic resource must be located in a county with a population of more than 1,500,000. (iv) The historic resource must be located in a city with an unemployment rate that is at least 2% higher than the current state average unemployment rate at the time of the application. (v) The historic resource receives a federal earmark appropriation and is the former home of a former professional sports team. (b) All of the following: (i) The historic resource must be at least 85 years old. (ii) The historic resource must comprise at least 120,000 total square feet. (iii) The historic resource must be located in a county with a population of more than 400,000 and less than 500,000. (iv) The historic resource must be located in a city with a population of more than 100,000 and less than 125,000. (v) The historic resource must be located in a city with an unemployment rate that is at least 2% higher than the current state average unemployment rate at the time of the application. (27) For purposes of this section, taxpayer includes a person subject to the tax imposed under chapter 2A or 2B. (28) Beginning July 1, 2009, when determining if an applicant qualifies for the credit under this section, if all other considerations are equal, the center shall give preference to an applicant that agrees, in writing, to do all of the following: (a) Hire only residents of this state to assist in the rehabilitation of a historic resource unless the center determines that the rehabilitation cannot be completed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (b) Contract with businesses that agree to hire only residents of this state to assist in the rehabilitation of a historic resource unless the center determines that the rehabilitation cannot be completed by using only residents of this state for 1 or more of the following: (i) To the extent necessary to comply with federal law or regulation concerning the use of federal funds. (ii) To the extent that key management personnel or individuals with special skills, who are not residents of this state, are needed. (29) A qualified taxpayer that is a business is not able to claim the credit under this section unless that qualified taxpayer enters into a contract with the center that provides that, for any work on the rehabilitation plan, the qualified taxpayer will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (30) (28) As used in this section: (a) Contributing resource means an historic resource that contributes to the significance of the historic district in which it is located. (b) Historic district means an area, or group of areas not necessarily having contiguous boundaries, that contains 1 resource or a group of resources that are related by history, architecture, archaeology, engineering, or culture. (c) Historic resource means a publicly or privately owned historic building, structure, site, object, feature, or open space located within an historic district designated by the national register of historic places, the state register of historic sites, or a local unit acting under the local historic districts act, o 399.215, or that is individually listed on the state register of historic sites or national register of historic places, and includes all of the following: (i) An owner-occupied personal residence or a historic resource located within the property boundaries of that personal residence. (ii) An income-producing commercial, industrial, or residential resource or an historic resource located within the property boundaries of that resource. (iii) A resource owned by a governmental body, nonprofit organization, or tax-exempt entity that is used primarily by a taxpayer lessee in a trade or business unrelated to the governmental body, nonprofit organization, or tax-exempt entity and that is subject to tax under this act. (iv) A resource that is occupied or utilized by a governmental body, nonprofit organization, or tax-exempt entity pursuant to a long-term lease or lease with option to buy agreement. (v) Any other resource that could benefit from rehabilitation. (d) Last tax year means the taxpayers tax year under former that begins after December 31, 2006 and before January 1, 2008. (e) Local unit means a county, city, village, or township. (f) Long-term lease means a lease term of at least 27.5 years for a residential resource or at least 31.5 years for a nonresidential resource. (g) Michigan historical center or center means the state historic preservation office of the Michigan historical center of the department of history, arts, and libraries or its successor agency. (h) Michigan strategic fund means the Michigan strategic fund created under the Michigan strategic fund act, o 125.2094. (i) Open space means undeveloped land, a naturally landscaped area, or a formal or man-made landscaped area that provides a connective link or a buffer between other resources. (j) Person means an individual, partnership, corporation, association, governmental entity, or other legal entity. (k) Preapproval letter means a letter issued by the director of the department of history, arts, and libraries or his or her designee that indicates the date that the complete part 2 application was received and the amount of the credit allocated to the project based on the estimated rehabilitation cost included in the application. (l) Qualified expenditures means capital expenditures that qualify, or would qualify except that the taxpayer entered into an agreement under subsection (13), for a rehabilitation credit under section 47(a)(2) of the internal revenue code if the taxpayer is eligible for the credit under section 47(a)(2) of the internal revenue code or, if the taxpayer is not eligible for the credit under section 47(a)(2) of the internal revenue code, the qualified expenditures that would qualify under section 47(a)(2) of the internal revenue code except that the expenditures are made to an historic resource that is not eligible for the credit under section 47(a)(2) of the internal revenue code that were paid. Qualified expenditures do not include capital expenditures for nonhistoric additions to an historic resource except an addition that is required by state or federal regulations that relate to historic preservation, safety, or accessibility. (m) Qualified taxpayer means a person that either owns the resource to be rehabilitated or has a long-term lease agreement with the owner of the historic resource and that has qualified expenditures for the rehabilitation of the historic resource equal to or greater than 10% of the state equalized valuation of the property. If the historic resource to be rehabilitated is a portion of an historic or nonhistoric resource, the state equalized valuation of only that portion of the property shall be used for purposes of this subdivision. If the assessor for the local tax collecting unit in which the historic resource is located determines the state equalized valuation of that portion, that assessors determination shall be used for purposes of this subdivision. If the assessor does not determine that state equalized valuation of that portion, qualified expenditures, for purposes of this subdivision, shall be equal to or greater than 5% of the appraised value as determined by a certified appraiser. If the historic resource to be rehabilitated does not have a state equalized valuation, qualified expenditures for purposes of this subdivision shall be equal to or greater than 5% of the appraised value of the resource as determined by a certified appraiser. (n) Rehabilitation plan means a plan for the rehabilitation of an historic resource that meets the federal secretary of the interiors standards for rehabilitation and guidelines for rehabilitation of historic buildings under 36 CFR part 67
|
Michigan business tax; other; historic preservation tax credit preferences and penalties under certain circumstances; provide for. Amends sec. 435 of 2007 PA 36 (MCL 208.1435)
|
Economic development; obsolete property and rehabilitation; obsolete property rehabilitation act; modify eligibility requirements. Amends sec. 8 of 2000 PA 146 (MCL 125.2788)
|
A bill to amend, entitled Obsolete property rehabilitation act, by amending Sec. 8. (1) If the taxable value of the property proposed to be exempt pursuant to an application under consideration, considered together with the aggregate taxable value of property exempt under certificates previously granted and currently in force under this act or under, o 207.572, exceeds 5% of the taxable value of the qualified local governmental unit, the legislative body of the qualified local governmental unit shall make a separate finding and shall include a statement in its resolution approving the application that exceeding that amount shall not have the effect of substantially impeding the operation of the qualified local governmental unit or impairing the financial soundness of an affected taxing unit. (2) The legislative body of the qualified local governmental unit shall not approve an application for an obsolete property exemption certificate unless the applicant complies with all of the following requirements: (a) Except as otherwise provided in subsection (3), the commencement of the rehabilitation of the facility does not occur before the establishment of the obsolete property rehabilitation district. (b) The application relates to a rehabilitation program that when completed constitutes a rehabilitated facility within the meaning of this act and that shall be situated within an obsolete property rehabilitation district established in a qualified local governmental unit eligible under this act to establish such a district. (c) Completion of the rehabilitated facility is calculated to, and will at the time of issuance of the certificate have the reasonable likelihood to, increase commercial activity, create employment, retain employment, prevent a loss of employment, revitalize urban areas, or increase the number of residents in the community in which the facility is situated. (d) The applicant states, in writing, that the rehabilitation of the facility would not be undertaken without the applicants receipt of the exemption certificate. (e) The applicant is not delinquent in the payment of any taxes related to the facility. (3) The legislative body of a qualified local governmental unit may approve an application for an obsolete property exemption certificate if the commencement of the rehabilitation of the facility occurs before the establishment of the obsolete property rehabilitation district and if 1 or more of the following are met: (a) All of the following are met: (i) The building permit for the rehabilitation of the facility was obtained in October 2002. (ii) The obsolete property rehabilitation district was created in April 2002. (iii) The rehabilitation of the facility included adding additional stories to the facility. (b) All of the following are met: (i) Emergency or temporary repairs or improvements were made before the establishment of the obsolete property rehabilitation district. (ii) The obsolete property rehabilitation district was created in January 2006. (iii) The facility is located in a city with a population of more than 20,500 and less than 27,000 and is located in a county with a population of more than 95,000 and less than 105,000. (4) Notwithstanding any other provisions of this act, for any certificate issued as a result of the enactment of the amendatory act that added subsection (3), the effective date of the certificate shall be December 31, 2006. (5) Beginning July 1, 2009, the legislative body of the local governmental unit shall not approve an application for an obsolete property exemption certificate unless the applicant states, in writing, that the applicant will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (6) Beginning July 1, 2009, the legislative body of the local governmental unit shall not approve an application for an obsolete property exemption certificate unless the applicant states, in writing, that the applicant will do all of the following: (a) Make a good faith effort to employ, if qualified, Michigan residents at the facility. (b) Make a good faith effort to employ or contract with Michigan residents and firms to construct, rehabilitate, develop, or renovate the facility. (c) Make a good faith effort to utilize Michigan-based suppliers and vendors when purchasing goods and services. (7) Beginning July 1, 2009, the written agreement described in subsection (5) shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the applicants obsolete property exemption certificate is revoked under this act if the applicant is determined to be in violation of subsection (5), as determined by the legislative body of the local governmental unit. (b) A requirement that the applicant may be required to repay some or all of the benefits received under this act if the applicant is determined to be in violation of the provisions of subsection (5), as determined by the legislative body of the local governmental unit. (8) Not later than February 1 each year, the legislative body of the local governmental unit shall report to the board of the Michigan strategic fund on the activities for the immediately preceding fiscal year. The report shall contain all of the following: (a) The number of Michigan residents employed in new jobs from the renovation, restoration, or construction of a facility for which an obsolete property exemption certificate was granted in the immediately preceding year. (b) The number of new jobs created from the renovation, restoration, or construction of a facility for which an obsolete property exemption certificate was granted in the immediately preceding year. (c) The details of the good faith efforts required of the applicant described in subsection (6)(a), (b), and (c). (9) The attorney general or appropriate agency of this state shall be responsible for any enforcement necessary to ensure compliance after the applicant has signed the agreement under the provisions described in subsections (5), (6), and (7)
|
Economic development; obsolete property and rehabilitation; obsolete property rehabilitation act; modify eligibility requirements. Amends sec. 8 of 2000 PA 146 (MCL 125.2788)
|
Economic development; other; industrial development revenue bond act; modify eligibility requirements. Amends 1963 PA 62 (MCL 125.1251 - 125.1267) by adding sec. 5a. TIE BAR WITH: SB 050209, SB 053909
|
A bill to amend, entitled Industrial development revenue bond act of 1963, o 125.1267) by adding section 5a. Sec. 5a. (1) Beginning July 1, 2009, the governing body of the municipality shall not issue bonds or notes under this act to construct, improve, or finance improvements to industrial buildings under this act unless the applicant states, in writing, that the applicant will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (2) Beginning July 1, 2009, the governing body of the municipality shall not issue bonds or notes under this act to construct, improve, or finance improvements to industrial buildings under this act unless the applicant states, in writing, that the applicant will not violate the provisions of, o 408.558, if applicable, in the construction, improvement, or financing of improvements to industrial buildings under this act. (3) Beginning July 1, 2009, the governing body of the municipality shall not issue bonds or notes under this act to construct, improve, or finance improvements to industrial buildings under this act unless the applicant states, in writing, that the applicant will do all of the following: (a) Make a good faith effort to employ, if qualified, Michigan residents at the industrial building. (b) Make a good faith effort to employ or contract with Michigan residents and firms to construct or improve industrial buildings under this act. (c) Make a good faith effort to utilize Michigan-based suppliers and vendors when purchasing goods and services. (4) Beginning July 1, 2009, the written agreement described in subsection (1) shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the applicants industrial facilities exemption certificate is revoked under this act if the applicant is determined to be in violation of subsection (1) or (2), as determined by the governing body of the municipality. (b) A requirement that the applicant may be required to repay some or all of the benefits received under this act if the applicant is determined to be in violation of the provisions of subsection (1) or (2), as determined by the governing body of the municipality. (5) Not later than February 1 each year, the governing body of the municipality shall report to the board of the Michigan strategic fund on the activities for the immediately preceding fiscal year. The report shall contain all of the following: (a) The number of Michigan residents employed in new jobs from the construction, improvement, or financing of industrial buildings under this act in the immediately preceding year. (b) The number of new jobs created from the construction, improvement, or financing of industrial buildings under this act in the immediately preceding year. (c) The details of the good faith efforts required of the applicant described in subsection (3)(a), (b), and (c). (6) The attorney general of this state, or other appropriate state agency, shall be responsible for any enforcement necessary to ensure compliance after the applicant has signed the agreement under the provisions described in subsections (2), (3), and (4)
|
Economic development; other; industrial development revenue bond act; modify eligibility requirements. Amends 1963 PA 62 (MCL 125.1251 - 125.1267) by adding sec. 5a. TIE BAR WITH: SB 050209, SB 053909
|
Economic development; plant rehabilitation; eligibility requirements; modify. Amends sec. 4 of 1974 PA 198 (MCL 207.554). TIE BAR WITH: SB 050209, SB 053909
|
A bill to amend, entitled An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties, by amending Sec. 4. (1) A local governmental unit, by resolution of its legislative body, may establish plant rehabilitation districts and industrial development districts that consist of 1 or more parcels or tracts of land or a portion of a parcel or tract of land. (2) The legislative body of a local governmental unit may establish a plant rehabilitation district or an industrial development district on its own initiative or upon a written request filed by the owner or owners of 75% of the state equalized value of the industrial property located within a proposed plant rehabilitation district or industrial development district. This request shall be filed with the clerk of the local governmental unit. (3) Except as provided in section 9(2)(h), after December 31, 1983, a request for the establishment of a proposed plant rehabilitation district or industrial development district shall be filed only in connection with a proposed replacement facility or new facility, the construction, acquisition, alteration, or installation of or for which has not commenced at the time of the filing of the request. The legislative body of a local governmental unit shall not establish a plant rehabilitation district or an industrial development district pursuant to subsection (2) if it finds that the request for the district was filed after the commencement of construction, alteration, or installation of, or of an acquisition related to, the proposed replacement facility or new facility. This subsection shall not apply to a speculative building. (4) Before adopting a resolution establishing a plant rehabilitation district or industrial development district, the legislative body shall give written notice by certified mail to the owners of all real property within the proposed plant rehabilitation district or industrial development district and shall hold a public hearing on the establishment of the plant rehabilitation district or industrial development district at which those owners and other residents or taxpayers of the local governmental unit shall have a right to appear and be heard. (5) The legislative body of the local governmental unit, in its resolution establishing a plant rehabilitation district, shall set forth a finding and determination that property comprising not less than 50% of the state equalized valuation of the industrial property within the district is obsolete. (6) A plant rehabilitation district or industrial development district established by a township shall be only within the unincorporated territory of the township and shall not be within a village. (7) Industrial property that is part of an industrial development district or a plant rehabilitation district may also be part of a tax increment district established under the tax increment finance authority act, o 125.1830. (8) A local governmental unit, by resolution of its legislative body, may terminate a plant rehabilitation district or an industrial development district, if there are no industrial facilities exemption certificates in effect in the plant rehabilitation district or the industrial development district on the date of the resolution to terminate. (9) Before acting on a proposed resolution terminating a plant rehabilitation district or an industrial development district, the local governmental unit shall give at least 14 days written notice by certified mail to the owners of all real property within the plant rehabilitation district or industrial development district as determined by the tax records in the office of the assessor or the treasurer of the local tax collecting unit in which the property is located and shall hold a public hearing on the termination of the plant rehabilitation district or industrial development district at which those owners and other residents or taxpayers of the local governmental unit, or others, shall have a right to appear and be heard. (10) Beginning July 1, 2009, the legislative body of the local governmental unit shall not approve an application for an industrial facilities exemption certificate unless the applicant states, in writing, that the applicant will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (11) Beginning July 1, 2009, the legislative body of the local governmental unit shall not approve an application for an industrial facilities exemption certificate unless the applicant states, in writing, that the applicant will do all of the following: (a) Make a good faith effort to employ, if qualified, Michigan residents at the facility. (b) Make a good faith effort to employ or contract with Michigan residents and firms to construct, rehabilitate, develop, or renovate the facility. (c) Make a good faith effort to utilize Michigan-based suppliers and vendors when purchasing goods and services. (12) Beginning July 1, 2009, the written agreement described in subsection (10) shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the applicants industrial facilities exemption certificate is revoked under this act if the applicant is determined to be in violation of subsection (10), as determined by the legislative body of the local governmental unit. (b) A requirement that the applicant may be required to repay some or all of the benefits received under this act if the applicant is determined to be in violation of the provisions of subsection (10), as determined by the legislative body of the local governmental unit. (13) Not later than February 1 each year, the legislative body of the local governmental unit shall report to the board of the Michigan strategic fund on the activities for the immediately preceding fiscal year. The report shall contain all of the following: (a) The number of Michigan residents employed in new jobs from the renovation, restoration, or construction of a facility for which an industrial facilities exemption certificate was granted in the immediately preceding year. (b) The number of new jobs created from the renovation, restoration, or construction of a facility for which an industrial facilities exemption certificate was granted in the immediately preceding year. (c) The details of the good faith efforts required of the applicant described in subsection (11)(a), (b), and (c). (14) The attorney general of this state, or other appropriate state agency, shall be responsible for any enforcement necessary to ensure compliance after the applicant has signed the agreement under the provisions described in subsections (10), (11), and (12)
|
Economic development; plant rehabilitation; eligibility requirements; modify. Amends sec. 4 of 1974 PA 198 (MCL 207.554). TIE BAR WITH: SB 050209, SB 053909
|
Economic development; other; transportation economic development fund; modify eligibility requirements. Amends sec. 13 of 1987 PA 231 (MCL 247.913) & adds sec. 9a. TIE BAR WITH: SB 050209, SB 053909
|
A bill to amend, entitled An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds, by amending section 13 and by adding section 9a. Sec. 9a. (1) Beginning July 1, 2009, the administrator shall not use any proceeds of the fund for a project unless the applicant states, in writing, that the applicant will not knowingly hire or contract with any business entity that knowingly hires an individual who is not authorized under federal law to work in the United States. (2) Beginning July 1, 2009, the administrator shall not use any proceeds of the fund for a project unless the applicant states, in writing, that the applicant will not violate the provisions of, o 408.558, if applicable, in using any proceeds of the fund for a project under this act. (3) Beginning July 1, 2009, the administrator shall not use any proceeds of the fund for a project unless the applicant states, in writing, that the applicant will do all of the following: (a) Make a good faith effort to employ, if qualified, Michigan residents on the project. (b) Make a good faith effort to employ or contract with Michigan residents and firms to construct, rehabilitate, and develop the project. (c) Make a good faith effort to utilize Michigan-based suppliers and vendors when purchasing goods and services. (4) Beginning July 1, 2009, the written agreement described in subsection (1) shall also contain a remedy provision that provides for all of, but not limited to, the following: (a) A requirement that the applicant is no longer eligible to receive financing for projects described in section 9(1)(a) if the applicant is determined to be in violation of subsection (1) or (2), as determined by the administrator. (b) A requirement that the applicant may be required to repay some or all of the benefits received under this act if the applicant is determined to be in violation of the provisions of subsection (1) or (2), as determined by the administrator. Sec. 13. By December 31 each year the commission shall report to the governor, the board of the Michigan strategic fund, the house and senate appropriations committees, and the house and senate fiscal agencies the following information regarding this act: (a) The projects funded during the previous fiscal year. (b) The status of projects funded in the immediately preceding fiscal year. (c) The number of jobs created and retained and any other economic benefits of the projects funded and listed under subdivision (a). (d) The degree to which the projects funded have achieved the objectives of this act. (e) The number of Michigan residents employed in projects funded under this act in the immediately preceding year. (f) The details of the good faith efforts required of the applicant described in section 9a(3)(a), (b), and (c). (g) (e) Any other information considered necessary by the commission for the legislature to evaluate the effectiveness of this act
|
Economic development; other; transportation economic development fund; modify eligibility requirements. Amends sec. 13 of 1987 PA 231 (MCL 247.913) & adds sec. 9a. TIE BAR WITH: SB 050209, SB 053909
|
Property tax; millage; millage renewal request; restrict time period during which question may be presented. Amends sec. 24f of 1893 PA 206 (MCL 211.24f)
|
A bill to amend, entitled The general property tax act, by amending section 24f f), as amended by. Sec. 24f. (1) If a taxing unit submits a proposal on the question of authorizing the issuance of bonds, imposing a new millage, or increasing or renewing an existing millage, except an ad valorem special assessment millage for police or fire protection under, o 41.813, the ballot shall fully disclose each local unit of government to which the revenue from that millage will be disbursed. As used in this subsection: (a) Local unit of government means a county, city, village, township, school district, intermediate school district, community college district, public library, or local authority created under state law. (b) Public library means that term as defined in section 2 of the state aid to public libraries act, (2) A taxing unit shall not submit a proposal to renew an existing millage if the millage will expire more than 18 months after the date of the election at which the proposal to renew the millage is held. (3) (2) In addition to the requirement set forth in subsection (1) and any other requirement provided by law, when submitting a proposal on the question of authorizing a millage rate to be levied under this act, the ballot shall state all of the following: (a) The millage rate to be authorized. (b) The estimated amount of revenue that will be collected in the first year that the millage is authorized and levied. (c) The duration of the millage in years. (d) A clear statement of the purpose for the millage. (e) A clear statement indicating whether the proposed millage is a renewal of a previously authorized millage or the authorization of a new additional millage. (4) (3) In addition to any other requirement provided by law, when submitting a proposal to authorize the issuance of bonds, the ballot shall state all of the following: (a) The principal amount to be borrowed. (b) The maximum number of years the bonds may be outstanding, exclusive of any refunding. (c) A clear statement of the purpose for which the proceeds of the bonds will be used. (d) For bonds other than bonds that are intended to be paid from a separate revenue source or from taxes levied in less than the entire taxing unit, the estimated millage that will be levied for the proposed bonds in the first year that the levy is authorized and the estimated simple average annual millage that will be required to retire the debt. Inaccuracies in the estimates provided under this subdivision shall not affect the validity of the bonds, the general obligation unlimited tax status requiring the levy of taxes sufficient to pay the bonds, or the results of an election. (e) For bonds that are intended to be paid from a separate revenue source or from taxes levied in less than the entire taxing unit, the primary source of the revenue that is intended to be used to retire the bonds. (5) (4) A taxing unit shall hold not more than 2 elections in a calendar year concerning the authorization of a millage rate greater than the product of the immediately preceding years reduced maximum authorized rate or rates as defined in section 34d(16) multiplied by the current years millage reduction fraction, regardless of the number of questions presented at the election. (6) (5) A taxing unit that levies millage under this act shall not submit a single question to the electors of the taxing unit requesting both the renewal of voter authorized millage and the authorization of new additional millage if the additional millage is greater than 0.5 mill. If authorization to levy millage has expired and the taxing unit submits to the electors the authorization of millage greater than the number of expired mills reduced pursuant to the millage reduction in section 34d(11) 34d(16), and if the additional millage is greater than 0.5 mill, the taxing unit shall submit 1 question for authorization of the number of expired mills reduced pursuant to the millage reduction in section 34d(11) 34d(16) and 1 or more additional questions for the authorization of millage in excess of that amount
|
Property tax; millage; millage renewal request; restrict time period during which question may be presented. Amends sec. 24f of 1893 PA 206 (MCL 211.24f)
|
Criminal procedure; warrants; issuance of certain search warrants; revise. Amends sec. 2 of 1966 PA 189 (MCL 780.652). TIE BAR WITH: SB 018809
|
A bill to amend, entitled An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts, by amending sections 1, 2, and 4 780.652, and 780.654), Sec. 1. (1) When an affidavit is made on oath to a magistrate authorized to issue warrants in criminal cases, and the affidavit establishes grounds for issuing a warrant under this act, the magistrate, if he or she is satisfied that there is probable cause for the search, shall issue a warrant to search the house, building, or other location or place where the person, property, or thing to be searched for and seized is situated. (2) An affidavit for a search warrant may be made by any electronic or electromagnetic means of communication, including by facsimile or over a computer network, if both of the following occur: (a) The judge or district court magistrate orally administers the oath or affirmation to an applicant for a search warrant who submits an affidavit under this subsection. (b) The affiant signs the affidavit. Proof that the affiant has signed the affidavit may consist of an electronically or electromagnetically transmitted facsimile of the signed affidavit or an electronic signature on an affidavit transmitted over a computer network. (3) A judge or district court magistrate may issue a written search warrant in person or by any electronic or electromagnetic means of communication, including by facsimile or over a computer network. (4) The peace officer or department receiving an electronically or electromagnetically issued search warrant shall receive proof that the issuing judge or district court magistrate has signed the warrant before the warrant is executed. Proof that the issuing judge or district court magistrate has signed the warrant may consist of an electronically or electromagnetically transmitted facsimile of the signed warrant or an electronic signature on a warrant transmitted over a computer network. (5) If an oath or affirmation is orally administered by electronic or electromagnetic means of communication under this section, the oath or affirmation is considered to be administered before the judge or district court magistrate. (6) If an affidavit for a search warrant is submitted by electronic or electromagnetic means of communication, or a search warrant is issued by electronic or electromagnetic means of communication, the transmitted copies of the affidavit or search warrant are duplicate originals of the affidavit or search warrant and are not required to contain an impression made by an impression seal. (7) Except as provided in subsection (8), an affidavit for a search warrant contained in any court file or court record retention system is nonpublic information. (8) On the fifty-sixth day following the issuance of a search warrant, the search warrant affidavit contained in any court file or court record retention system is public information unless, before the fifty-sixth day after the search warrant is issued, a peace officer or prosecuting attorney obtains a suppression order from a magistrate upon a showing under oath that suppression of the affidavit is necessary to protect an ongoing investigation or the privacy or safety of a victim or witness. The suppression order may be obtained ex parte in the same manner that the search warrant was issued. An initial suppression order issued under this subsection expires on the fifty-sixth day after the order is issued. A second or subsequent suppression order may be obtained in the same manner as the initial suppression order and shall expire on a date specified in the order. This subsection and subsection (7) do not affect a persons right to obtain a copy of a search warrant affidavit from the prosecuting attorney or law enforcement agency under the freedom of information act, o 15.246. Sec. 2. (1) A warrant may be issued to search for and seize any property or other thing which that is either 1 or more of the following: (a) Stolen or embezzled in violation of any a law of this state. (b) Designed and intended for use, or which that is or has been used, as the means of committing a criminal offense crime. (c) Possessed, controlled, or used wholly or partially in violation of any a law of this state. (d) Evidence of crime or criminal conduct. on the part of any person. (e) Contraband. (f) The bodies body or persons person of human beings a human being or of animals, who an animal that may be the victims victim of a criminal offense crime. (g) The object of a search warrant under any other another law of this state providing for the same search warrant. If there is a conflict exists between this act and any other another search warrant law, this act shall be deemed controlling controls. (2) A warrant may be issued to search for and seize a person who is the subject of either of the following: (a) An arrest warrant for the apprehension of a person charged with a crime. (b) A bench warrant issued in a criminal case. Sec. 4. (1) A search warrant shall be directed to the sheriff or any peace officer, commanding the sheriff or peace officer to search the house, building, or other location or place, where any the person, property, or other thing for which the sheriff or peace officer is required to search is believed to be concealed. Each warrant shall designate and describe the house or building or other location or place to be searched and the property or thing to be seized. (2) The warrant shall either state the grounds or the probable or reasonable cause for its issuance or shall have attached to it a copy of the affidavit. (3) Upon a showing that it is necessary to protect an ongoing investigation or the privacy or safety of a victim or witness, the magistrate may order that the affidavit be suppressed and not be given to the person whose property was seized or whose premises were searched until that person is charged with a crime or named as a claimant in a civil forfeiture proceeding involving evidence seized as a result of the search
|
Criminal procedure; warrants; issuance of certain search warrants; revise. Amends sec. 2 of 1966 PA 189 (MCL 780.652). TIE BAR WITH: SB 018809
|
Elections; absent voters; absent voter ballot; issue upon voters request without requiring justification. Amends secs. 758, 759 & 759b of 1954 PA 116 (MCL 168.758 et seq.)
|
Elections. Michigan election law, by amending sections 758, 759, and 759b 168.759, and 168.759b), Sec. 758. (1) For the purposes of As used in this act, absent voter means a qualified and registered elector who meets 1 or more of the following requirements: (a) On account of physical disability, cannot without anothers assistance attend votes without attending the polls on the day of an election. (b) On account of the tenets of his or her religion, cannot attend the polls on the day of election. (c) Cannot attend the polls on the day of an election in the precinct in which he or she resides because of being an election precinct inspector in another precinct. (d) Is 60 years of age or older. (e) Is absent or expects to be absent from the township or city in which he or she resides during the entire period the polls are open for voting on the day of an election. (f) Cannot attend the polls on election day because of being confined in jail awaiting arraignment or trial. (2) Subsection (1) does not apply to Absent voter does not include a person who has moved outside of this state, regardless of length of his or her residence outside of this state, and who no longer maintains an actual residence in this state. The storage of personal effects or household goods, the ownership of property that is rented or leased to others, or occasional brief visits to a former domicile in this state while residing outside of this state for most of the year does do not constitute a residence for voting purposes in this state, except for each of the following: (a) A person described in section 1 of article II of the state constitution of 1963 and statutes enacted under that section. (b) A person described in section 759a. Sec. 759. (1) At any time during the 75 days before a primary election or special primary election, but not later than 2 p. m. of the Saturday immediately before the primary election or special primary election, an elector who qualifies wants to vote as an absent voter, as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the elector is registered. An application received before a primary election or special primary election may be for either that primary election only, or for that primary election and the election that follows. (2) Except as otherwise provided in subsection (1), at any time during the 75 days before an election, but not later than 2 p. m. of the Saturday before the election, an elector who qualifies wants to vote as an absent voter, as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the voter is registered. (3) An application for an absent voter ballot under this section may be made in any of the following ways: (a) By a written request signed by the voter stating the statutory grounds for making the application elector. (b) On an absent voter ballot application form provided for that purpose by the clerk of the city, township, or village. (c) On a federal postcard application. (4) An applicant for an absent voter ballot shall sign the application. A clerk or assistant clerk shall not deliver an absent voter ballot to an applicant who does not sign the application. A person other than shall not be in possession of a signed absent voter ballot application except for the applicant; a member of the applicants immediate family; a person residing in the applicants household; a person whose job normally includes the handling of mail, but only during the course of his or her employment; a registered elector requested by the applicant to return the application; or a clerk, assistant of the clerk, or other authorized election official. shall not be in possession of a signed absent voter ballot application. A registered elector who is requested by the applicant to return his or her absent voter ballot application shall sign the certificate on the absent voter ballot application. (5) The clerk of the city, township, or village shall have absent voter ballot application forms available in the clerks office of the clerk at all times and shall furnish an absent voter ballot application form to anyone upon a verbal or written request. The absent voter ballot application shall be in substantially the following form: Application for absent voter ballot for: [] The primary election or special primary election to be held on....., 19... __________________ [Date]. [] The election to be held on....., 19... ____________ [Date]. (Check applicable election or elections) I,.................................., a qualified and registered elector of the............ precinct of the township of............ or village of............ or of the............ ward of the city of.................................., in the county of.................................. and state of Michigan, apply for an official ballot, or ballots, to be voted by me at the election or elections as requested in this application. The statutory grounds on which I base my request are: [] I expect to be absent from the community in which I am registered for the entire time the polls are open on election day. [] I am physically unable to attend the polls without the assistance of another. [] I cannot attend the polls because of the tenets of my religion. [] I have been appointed an election precinct inspector in a precinct other than the precinct where I reside. [] I am 60 years of age or older. [] I cannot attend the polls because I am confined to jail awaiting arraignment or trial. (Check applicable reason) Send absent voter ballot to me at:........................................... (Street No. or R. R.)............................................................. (Post Office) (State) (Zip code) My registered address....................................... (Street No. or R. R.)....................................... (Post Office) (State) (Zip code) Date......................................................... I declare certify that the statements in this absent voter ballot application are true........................................ (Signature) WARNING A person making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person other than those listed in the instructions to return, offer to return, agree to return, or solicit to return your absent voter ballot application to the clerk. An assistant authorized by the clerk who receives absent voter ballot applications at a location other than the clerks office of the clerk must have credentials signed by the clerk. Ask to see his or her credentials before entrusting your application with a person claiming to have the clerks authorization to return your application. Certificate of Authorized Registered Elector Returning Absent Voter Ballot Application I certify that my name is...................., my address is...................., and my date of birth is............; that I am delivering the absent voter ballot application of.................... at his or her request; that I did not solicit or request to return the application; that I have not made any markings on the application; that I have not altered the application in any way; that I have not influenced the applicant; and that I am aware that a false statement in this certificate is a violation of Michigan election law. _____________ __________________________________ (Date) (Signature) (6) The following instructions for an applicant for an absent voter ballot shall be included with each application furnished an applicant: INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS Step 1. After completely filling out the application, sign and date the application in the place designated. Your signature must appear on the application or you will not receive an absent voter ballot. Step 2. Deliver the application by 1 of the following methods: (a) Place the application in an envelope addressed to the appropriate clerk and place the necessary postage upon the return envelope and deposit it in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier. (b) Deliver the application personally to the office of the clerk, to the clerk, or to an authorized assistant of the clerk. (c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother- in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a person residing in the voters household may mail or deliver the application to the clerk for the applicant. (d) In the event If an applicant cannot return the application in any of the above methods, the applicant may select any registered elector to return the application. The person returning the application must sign and return the certificate at the bottom of the application. (7) A person who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section. (8) A person who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person who forges a signature on an absent voter ballot application is guilty of a felony. A person who is not authorized in this act and who both distributes absent voter ballot applications to absent voters and returns those absent voter ballot applications to a clerk or assistant of the clerk is guilty of a misdemeanor. Sec. 759b. (1) Any A registered elector may apply for an absent voter ballots ballot at any time prior to before p. m. on election day if he shall have become physically disabled or shall be absent from the city or township because of sickness or death in the family which an event has occurred at a time which has that made it impossible to apply for an absent voter ballots ballot by the statutory deadline. The application shall be called an emergency absent voter ballot application. (2) Emergency absent voter ballot applications may be made by letter or on a form prescribed by the secretary of state and provided by the clerk. The application shall set forth that the voter is qualified to vote in the election, stating the statutory reason for applying for an emergency absent voter ballot and that the reason for applying after the statutory deadline an event occurred at such a time to make it impossible to file an application for an absent voter ballots ballot by the statutory deadline. (3) Any A person intentionally making a false statement in such an emergency absent voter ballot application is guilty of a felony. Any A person aiding or abetting any another person to make a false statement on such in an emergency absent voter ballot application is guilty of a felony. (4) Upon receipt by the clerk of a valid application for an emergency absent voter ballot, the clerk may deliver the ballots absent voter ballot to the applicant in person, through a deputy or an election assistant, or he may deliver them at his or her office to a person named by the applicant in the emergency absent voter ballot application. The absent voter may return the ballots absent voter ballot to the clerk in the sealed envelope provided therefor in any manner. he sees fit. To However, to be valid, ballots must be returned the absent voter shall return the absent voter ballot to the clerk in the sealed envelope provided for that reason and in time to be delivered to the polls prior to before 8 p. m. on election day
|
Elections; absent voters; absent voter ballot; issue upon voters request without requiring justification. Amends secs. 758, 759 & 759b of 1954 PA 116 (MCL 168.758 et seq.)
|
Traffic control; driver license; driver responsibility fee; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a)
|
Transportation. A bill to amend, entitled Michigan vehicle code, by amending section 732a a), as amended by. Sec. 732a. (1) An Until December 31, 2009, an individual, whether licensed or not, who accumulates 7 or more points on his or her driving record pursuant to sections 320a and 629c within a 2- year period for any violation not listed under subsection (2) shall be assessed a $100.00 driver responsibility fee. For Until December 31, 2009, for each additional point accumulated above 7 points not listed under subsection (2), an additional fee of $50.00 shall be assessed. The secretary of state shall collect the fees described in this subsection once each year that the point total on an individual driving record is 7 points or more until December 31, 2009. (2) An Until December 31, 2009, an individual, whether licensed or not, who violates any of the following sections or another law or local ordinance that substantially corresponds to those sections shall be assessed a driver responsibility fee as follows: (a) Upon posting an abstract indicating that an individual has been found guilty for a violation of law listed or described in this subdivision, the secretary of state shall assess a $1,000.00 driver responsibility fee: each year for 2 consecutive years: (i) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile. (ii) Section 601b(2) or (3), 601c(1) or (2), 601d, 626(3) or (4), or 653a(3) or (4). (iii) Section 625(1), (4), or (5), section 625m, or section 81134 of the natural resources and environmental protection act, or a law or ordinance substantially corresponding to section 625(1), (4), or (5), section 625m, or section 81134 of the natural resources and environmental protection act, (iv) Failing to stop and disclose identity at the scene of an accident when required by law. (v) Fleeing or eluding an officer. (b) Upon Until December 31, 2009, upon posting an abstract indicating that an individual has been found guilty for a violation of law listed in this subdivision, the secretary of state shall assess a $500.00 driver responsibility fee: each year for 2 consecutive years: (i) Section 625(3), (6), (7), or (8). (ii) Section 626(2). (iii) Section 904. (iv) Section 3101, 3102(1), or 3103 of the insurance code of 1956, 500.3102, and 500.3103. (c) Upon Until December 31, 2009, upon posting an abstract indicating that an individual has been found guilty for a violation of section 301, the secretary of state shall assess a $150.00 driver responsibility fee. each year for 2 consecutive years. (d) Upon Until December 31, 2009, upon posting an abstract indicating that an individual has been found guilty or determined responsible for a violation listed in section 328, the secretary of state shall assess a $200.00 driver responsibility fee. each year for consecutive years. (3) The secretary of state shall send a notice of the driver responsibility assessment, as prescribed under subsection (1) or (2), to the individual by regular mail to the address on the records of the secretary of state. If payment is not received within days after the notice is mailed, the secretary of state shall send a second notice that indicates that if payment is not received within the next 30 days, the drivers driving privileges will be suspended. (4) The secretary of state may authorize payment by installment for a period not to exceed 24 months. (5) Except as otherwise provided under this subsection, if payment is not received or an installment plan is not established after the time limit required by the second notice prescribed under subsection (3) expires, the secretary of state shall suspend the driving privileges until the assessment and any other fees prescribed under this act are paid. However, if the individuals license to operate a motor vehicle is not otherwise required under this act to be denied, suspended, or revoked, the secretary of state shall reinstate the individuals operators driving privileges if the individual requests an installment plan under subsection (4) and makes proper payment under that plan. Fees required to be paid for the reinstatement of an individuals operators driving privileges as described under this subsection shall, at the individuals request, be included in the amount to be paid under the installment plan. If the individual establishes a payment plan as described in this subsection and subsection (4) but fails to make full or timely payments under that plan, the secretary of state shall suspend the individuals driving privileges. The secretary of state shall only reinstate a license under this subsection once. (6) A fee shall not be assessed under this section for 7 points or more on a driving record on October 1, 2003. Points assigned after October 1, 2003 shall be assessed as prescribed under subsections (1) and (2). (7) Notwithstanding anything else to the contrary in this section, if an individual owes a driver responsibility fee under this section on the date the amendatory act that added this subsection is enacted into law, and the individual pays 50% or more of the total amount owed by January 1, 2010, the remaining balance of the fee is waived. If an individual pays more than 50% of the total balance owed by January 1, 2010, the secretary of state shall promptly return to the individual the amount paid that exceeds 50% of the total balance owed. (8) (7) A driver responsibility fee shall be assessed under this section in the same manner for a conviction or determination of responsibility for a violation or an attempted violation of a law of this state, of a local ordinance substantially corresponding to a law of this state, or of a law of another state substantially corresponding to a law of this state. (9) (8) The fire protection fund is created within the state treasury. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund. The department of energy, labor, and economic growth shall expend money from the fund, upon appropriation, only for fire protection grants to cities, villages, and townships with state owned facilities for fire services, as provided in, o 141.956. (10) (9) The secretary of state shall transmit the fees collected under this section to the state treasurer. The state treasurer shall credit fee money received under this section in each fiscal year as follows: (a) The first $65,000,000.00 shall be credited to the general fund. (b) If more than $65,000,000.00 is collected under this section, the next amount collected in excess of $65,000,000.00 up to $68,500,000.00 shall be credited to the fire protection fund created in this section. (c) If more than $100,000,000.00 is collected under this section, the next amount collected in excess of $100,000,000.00 up to $105,000,000.00 shall be credited to the fire protection fund created in this section. (d) Any amount collected after crediting the amounts under subdivisions (a), (b), and (c) shall be credited to the general fund
|
Traffic control; driver license; driver responsibility fee; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a)
|
Health; smoking; smoke-free workplace and food service establishments; require. Amends heading of pt. 129 & secs. 12601, 12603, 12611, 12613, 12614, 12905 & 12915 of 1978 PA 368 (MCL 333.12601 et seq.); adds sec. 12606 & repeals secs. 12604a, 12605, 12607, 12615, 12617, 12909, 21333 & 21733 of 1978 PA 368 (MCL 333.12604a et seq.) & sec. 6127 of 2000 PA 92 (MCL 289.6127)
|
A bill to amend, entitled Public health code, by amending the heading of part 129 and sections 12601, 12603, 12611, 12613, 12614, 12905, and 12915 333.12603, 333.12611, 333.12613, 333.12614, 333.12905, and 333.12915), sections 12601 and 12613 as amended by, sections 12603 and 12611 as amended by, section 12614 as added by, Sec. 12601. (1) As used in this part: (a) Child caring institution and child care center mean those terms as defined in section 1 of, (b) County medical care facility means that term as defined in section 20104. (c) Educational facility means a building owned, leased, or under the control of a public or private school system, college, or university. (d) Food service establishment means a food service establishment as defined in section 12901 12905. (e) Health facility means a health facility or agency licensed under article 17, except a home for the aged, nursing home, county medical care facility, hospice, or hospital long-term care unit. (f) Home for the aged means that term as defined in section 20106. (g) Hospice means that term as defined in section 20106. (h) Hospital long-term care unit means that term as defined in section 20106. (i) Licensed premises means any portion of a building, structure, room, or enclosure in which alcoholic liquor may be sold for consumption on the premises pursuant to a license issued by the Michigan liquor control commission. (i) (j) Meeting means a meeting as defined in section 2 of the open meetings act,, (j) (k) Nursing home means that term as defined in section 20109. (k) Place of employment means an enclosed indoor area that contains or more work areas for 1 or more persons employed by a public or private employer. Place of employment does not include any of the following: (i) A structure used primarily as the residence of the owner or lessee that is also used as an office for the owner or lessee. (ii) A food service establishment that is subject to section 12905. (l) Public body means a public body as defined in section 2 of the open meetings act, (m) Public place, except as otherwise provided in subsection (2), means both any of the following: (i) An enclosed, indoor area owned or operated by a state or local governmental agency and used by the general public or serving as a place of work for public employees or a meeting place for a public body, including an office, educational facility, home for the aged, nursing home, county medical care facility, hospice, hospital long-term care unit, auditorium, arena, meeting room, or public conveyance. (ii) An enclosed, indoor area which that is not owned or operated by a state or local governmental agency, is used by the general public, and is 1 any of the following: (A) An educational facility. (B) A home for the aged, nursing home, county medical care facility, hospice, or hospital long-term care unit. (C) An auditorium. (D) An arena. (E) A theater. (F) A museum. (G) A concert hall. (H) Any other facility during the period of its use for a performance or exhibit of the arts. (iii) A place of employment. (n) Smoking or smoke means the carrying by a person burning of a lighted cigar, cigarette, pipe, or any other lighted smoking device matter or substance that contains a tobacco product. (o) Smoking paraphernalia means any equipment, apparatus, or furnishing that is used in or necessary for the activity of smoking. (p) Tobacco product means a product that contains tobacco and is intended for human consumption, including, but not limited to, cigarettes, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in section 2 of the tobacco products tax act, and cigars. (q) Work area means a site within a place of employment at which or more employees perform services for an employer. (2) Public place does not include a private, enclosed room or office occupied exclusively by a smoker, even if the room or enclosed office may be visited by a nonsmoker. (2) (3) In addition, article 1 contains general definitions and principles of construction applicable to all articles of this code. Sec. 12603. (1) Except as otherwise provided by law, A state or local governmental agency or the person who owns or operates a public place shall not allow smoking in the public place, and an individual shall not smoke in a public place or at a meeting of a public body., except in a designated smoking area. (2) This section does not apply to a room, hall, or building used for a private function if the seating arrangements are under the control of the sponsor of the function and not under the control of the state or local governmental agency or the person who owns or operates the room, hall, or building. (3) This section does not apply to a food service establishment or to licensed premises. (4) This section shall not apply to a private educational facility after regularly scheduled school hours. (2) No smoking signs or the international no smoking symbol shall be clearly and conspicuously posted at the entrances to and in every building or other area where smoking is prohibited under this section. The owner, operator, manager, or person having control of the building or other area shall post the signs. The owner, operator, manager, or person having control of the area shall remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited under this section. The owner, operator, manager, or person having control of the area shall inform persons smoking in violation of this act that they are in violation of state law and subject to penalties. Sec. 12606. An employer or a food service establishment shall not take any retaliatory or adverse personnel action against an employee or applicant for employment on the basis of the individuals exercise of or attempt to exercise his or her rights under this part with respect to place of employment or part 129 with respect to food service establishments. Each employer subject to this part and each food service establishment subject to part shall adopt, implement, publish, maintain, and modify to reflect any changes a written nonsmoking policy. The employer or food service establishment shall prominently post the nonsmoking policy in the workplace and, within 3 weeks of its adoption, shall disseminate the policy to all employees and to new employees when hired. The employer or food service establishment shall supply a written copy of the nonsmoking policy upon request to any employee or applicant for employment. The employer or food service establishment shall provide a copy of the nonsmoking policy to the department upon request. The employer or food service establishment shall include the following in the written policy required under this subsection: (a) That smoking is prohibited as required in this section or section 12905. (b) That an employee or applicant for employment who exercises or attempts to exercise his or her rights with respect to place of employment or with respect to food service establishments is protected against retaliatory or adverse personnel action. Sec. 12611. A person who violates section 12603(1) or 12604a or a person or state or local governmental agency that owns or operates a public place and that violates section 12605 or 12607 this part or part 129 shall be directed to comply with this part act and is subject to a civil fine of not more than $100.00 for a first violation and not more than $500.00 for a second or subsequent violation. Sec. 12613. (1) Subject to subsection (2), the department shall enforce this part and part 129 and any rules promulgated under this part or part 129 pursuant to sections 2262(2) and 2263. In addition to the civil fine authorized under section 12611, the department may enforce this part and part and the any rules promulgated under this part or part 129 through an action commenced pursuant to section 2255 or any other appropriate action authorized by law. (2) Pursuant to section 2235, the department may authorize a local health department to enforce this part and part 129 and the any rules promulgated under this part or part 129. A local health department authorized to enforce this part and part 129 and the any rules promulgated under this part or part 129 shall enforce this part and part 129 and the any rules promulgated under this part or part pursuant to sections 2461(2) and 2462. In addition to the civil fine authorized under section 12611, a local health department may enforce this part and part and the any rules promulgated under this part or part 129 through an action commenced pursuant to section 2465 or any other appropriate action authorized by law. (3) In addition to any other enforcement action authorized by law, a person alleging a violation of this part or part 129 may bring a civil action for appropriate injunctive relief, if the person has used the public place, child caring institution, or child care center, health facility, or private practice office of an individual who is licensed under article 15 within 60 days after before the civil action is filed. (4) The remedies under this part are independent and cumulative. The use of 1 remedy by a person shall not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person. Sec. 12614. (1) The director shall report biennially to the legislature on the effect and enforcement of this part and part 129. The report shall include, at a minimum, both of the following: (a) The policy of each state agency that has developed a policy for the separation of smokers and nonsmokers. (b) Compliance compliance with section 12607 sections 12603 and 12905. (2) Upon request of the department, the director of the department of management and budget annually shall report to the department, at a minimum, all of the following: (a) A a list of each public place owned or operated by the state. (b) Compliance and its compliance with section 12607 12603. (c) The smoking policy, if any, adopted by each public place listed under subdivision (a). PART 129. FOOD SERVICE SANITATION SMOKE-FREE FOOD SERVICE ESTABLISHMENTS Sec. 12905. (1) Except as otherwise provided in this section, all public areas of a A food service establishment shall be nonsmoking not allow smoking, and an individual shall not smoke in a food service establishment. A food service establishment shall comply with section 12606. As used in this subsection, public area includes, but is not limited to, a bathroom, a coatroom, and an entrance or other area used by a patron when not seated at a food service table or counter. Public area does not include the lobby, waiting room, hallways, and lounge areas of a food service establishment, but these areas are not required to be designated as smoking areas. (2) Subject to subsection (3), a food service establishment with a seating capacity of fewer than 50, whether or not it is owned and operated by a private club, and a food service establishment that is owned and operated by a private club may designate up to 75% of its seating capacity as seating for smokers. A food service establishment with a seating capacity of 50 or more that is not owned or operated by a private club may designate up to 50% of its seating capacity as seating for smokers. A food service establishment that designates seating for smokers shall clearly identify the seats for nonsmokers as nonsmoking, place the seats for nonsmokers in close proximity to each other, and locate the seats for nonsmokers so as not to discriminate against nonsmokers. (3) A food service establishment shall not use the definition of seating capacity and the exemption from that definition set forth in subsection (9)(c) to increase the amount of seating for smokers above 75%. (2) (4) In addition to a food service establishment that provides its own seating, subsections (1), (2), and (3) also apply subsection (1) applies to a food service establishment or group of food service establishments that are located in a shopping mall where in which the seating for the food service establishment or group of food service establishments is provided or maintained, or both, by the person who owns or operates the shopping mall. As used in this subsection, shopping mall means a shopping center with stores facing an enclosed mall. (3) (5) The director, an authorized representative of the director, or a representative of a local health department to which the director has delegated responsibility for enforcement of this part shall, in accordance with R 325.25902 of the Michigan administrative code, inspect each food service establishment that is subject to this section. The inspecting entity shall determine compliance with this section during each inspection. (4) (6) The department or a local health department shall utilize compliance or notify the department of agriculture of any noncompliance with this section or with rules promulgated to implement this section. The department of agriculture may use compliance or noncompliance with this section or any rules promulgated to implement this section as criteria in the determination of whether to deny, suspend, limit, or revoke a license pursuant to section 12907(1) issued under the food law of 2000, o 289.8111. (5) (7) Within 5 days after receipt of a written complaint of violation of this section, a local health department shall investigate the complaint to determine compliance. If a violation of this section is identified and not corrected as ordered by the local health department within 2 days after receipt of the order by the food service establishment, the local health officer may issue an order to cease food service operations until compliance with this section is achieved. (8) This section does not apply to a private facility that is serviced by a catering kitchen or to a separate room in a food service establishment that is used for private banquets. This section does not apply to a food service establishment that is owned and operated by a fraternal organization, if service is limited to members of the fraternal organization and their guests. (6) No smoking signs or the international no smoking symbol shall be clearly and conspicuously posted at the entrance to and in every building or other area where smoking is prohibited under this section. The owner, operator, manager, or person having control of the building or other area shall post the signs. The owner, operator, manager, or person having control of the area shall remove all ashtrays and other smoking paraphernalia from any area where smoking is prohibited under this section. The owner, operator, manager, or person having control of the area shall inform persons smoking in violation of this act that they are in violation of state law and subject to penalties. (7) (9) As used in this section: (a) Bar means that term as defined in section 2a of the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being section 436.2a of the. (b) Room means an area that is physically distinct from the main dining area of a food service establishment and from which smoke cannot pass into the main dining area. (c) Seating capacity means the actual number of seats for patrons in a food service establishment. Seating capacity does not include seats located at a bar or seats at tables that are located adjacent to a bar, if meals are not served at those tables. (a) Food service establishment means that term as defined in section 1107 of the food law of 2000, (b) Shopping mall means a shopping center with stores facing an enclosed mall. (c) (d) Smoking, means the carrying by an individual of a lighted cigar, cigarette, or other lighted smoking device smoking paraphernalia, and tobacco product mean those terms as defined in section 12601. Sec. 12915. A county, city, village, or township shall not regulate those aspects of food service establishments or vending machines which are subject to regulation under this part except to the extent necessary to carry out the responsibility of a local health department pursuant to sections 12906 and 12908 may adopt and enforce local codes, ordinances, or regulations that comply with at least the minimum applicable standards set forth in this part. This part shall not relieve the applicant for a license or a licensee from responsibility for securing a local permit or complying with applicable local codes, regulations, or ordinances not that are in conflict with addition to this part. Enacting section 1. (1) Sections 12604a, 12605, 12607, 12615, 12617, 12909, 21333, and 21733 of the public health code, a, 333.12605, 333.12607, 333.12615, 333.12617, 333.12909, 333.21333, and 333.21733, are repealed. (2) Section 6127 of the food law of 2000, is repealed
|
Health; smoking; smoke-free workplace and food service establishments; require. Amends heading of pt. 129 & secs. 12601, 12603, 12611, 12613, 12614, 12905 & 12915 of 1978 PA 368 (MCL 333.12601 et seq.); adds sec. 12606 & repeals secs. 12604a, 12605, 12607, 12615, 12617, 12909, 21333 & 21733 of 1978 PA 368 (MCL 333.12604a et seq.) & sec. 6127 of 2000 PA 92 (MCL 289.6127)
|
Food; service establishments; compliance with state or local laws, codes, ordinances, rules, or regulations in order to be licensed; require. Amends sec. 4107 of 2000 PA 92 (MCL 289.4107). TIE BAR WITH: HB 409909
|
A bill to amend, entitled Food law of 2000, by amending Sec. 4107. To qualify for a food establishment license, an applicant shall do all of the following: (a) Submit an application as required by section 4103. (b) Be an owner of the food establishment or an officer of the legal entity owning the food establishment. (c) Comply with the requirements of this act and rules promulgated under this act. (d) Allow the director access to the proposed food establishment in order to determine compliance with the applicable requirements of this act and rules. (e) Pay the applicable license fees at the time the application is submitted. (f) Comply with the requirements of other state or local laws, ordinances, codes, rules, or regulations. Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4099(request no. 0020309) of the 95th Legislature is enacted into law
|
Food; service establishments; compliance with state or local laws, codes, ordinances, rules, or regulations in order to be licensed; require. Amends sec. 4107 of 2000 PA 92 (MCL 289.4107). TIE BAR WITH: HB 409909
|
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.