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Michigan Legislative Spotlight

Selected Michigan legislation through 2008 PA 130. Latest PAs received on May 12, 2008.
Portions of these summaries are reproduced with permission of the Michigan Legislative Council, Senate Fiscal Agency, or House Fiscal Agency.

For more detailed coverage, visit the Michigan Legislature's Web site I View 2007 Archive I View 2006 Archive I View 2005 Archive I View 2004 Archive

Legislative spotlight updates

• PA 128 Tax Tribunal Act-- increases the jurisdiction of the residential property and small
  claims division to $20,000, adjusted annually by the inflation rate; within 20 days after a hearing officer or referee issues a proposed order, a party can file exceptions to the proposed order and the Tribunal must review the exceptions to determine if the proposed order should be adopted as a final order; on a showing of good cause or at the Tribunal's discretion, the Tribunal can modify the proposed order and issue a final order or hold a rehearing by a Tribunal member; by leave of the Tribunal and with the mutual consent of all parties, a residential property and small claims division proceeding can take place at a location mutually agreed upon by all parties or can take place by the use of amplified telephonic or video conferencing equipment (HB 4436; eff. 5/9/08)
• PA 125 Tax Tribunal Act--gives the Tribunal jurisdiction over mediation of a proceeding before the Tribunal over which it currently has exclusive and original jurisdiction, as well as the certification of a mediator in such a tax dispute; provides that the Tribunal has jurisdiction over any other proceeding provided by law; extends the Tribunal's powers to promulgating rules for mediation, mediating a proceeding before the Tribunal, and certifying mediators to facilitate claims in the Court of Claims and in the Tribunal; provides that the Tribunal can charge a fee for mediation and requires the Tribunal to mediate a proceeding in which it has exclusive and original jurisdiction if all of the following conditions are satisfied: the parties have filed with the Tribunal a stipulation that they agreed to participate in mediation; the parties agreed to a mediator; and the Tribunal issued an order designating the proceeding for mediation (HB 4433; eff. 5/9/08)
• PA 122 General Property Tax Act--authorizes the governing body of a city or township to adopt an ordinance or resolution allowing alternative meeting dates during which a property tax board of review could approve qualified errors; the alternative meeting dates may be during the week of the second Monday in December and/or during the week of the third Monday in July (SB 209; eff. 5/9/08)
• PA 106 Military service--refers specifically to performing service in the Armed Forces or National Guard in a provision prohibiting an employer from denying an employee's request for a leave of absence for military service; requires an employer to reemploy an employee following service if he or she reported to work or applied to the employer within 45 days after service, or within 90 days after service for more than 180 days, rather than if he or she applies for employment within 15 days; revise the statute's priorities for reemployment, following service of 92 days or longer, to refer to employment in a position that was the nearest approximation in status and pay to the service member's former position, rather than employment in a position of lesser status or pay; provides that an employee is not entitled to reemployment if he or she were absent for an uninterrupted period of five years, rather than a cumulative period of five years; and allows a qualified employee who was denied reemployment to file a civil action, and require his or her reinstatement and payment of his or her attorney fees (SB 192; eff. 4/25/08)
• PA 97 Michigan Business Tax Act--excludes from the tax base, beginning with the 2008 tax year, all film rental or royalty payments paid by a theater owner to a film distributor and/or a film producer (SB 1192; eff. 4/15/08)
• PA 96 General Property Tax Act--allows a homeowner to claim an additional principal residence exemption in specified circumstances; in addition to an owner's current principal residence, an owner may retain an exemption for up to three years on property previously exempt as the owner's principal residence if that property is not occupied and is for sale (HB 4215; 4/8/08)
• PA 95 Revised Judicature Act--authorizes a district court magistrate to conduct arraignments for violations arising directly out of cases for which a magistrate currently may conduct an arraignment (SB 105; eff. 4/8/08)
• PA 93 Highway Advertising Act--permits a county to enact an ordinance to regulate signs and sign structures or enact zoning codes to establish commercial or industrial areas, if a township within the county has not enacted such an ordinance; permits a city, village, township, or charter township to enact ordinances to regulate and control the size, lighting, and spacing of signs and sign structures (SB 351; eff 4/8/08)
• PA 92 Michigan Business Tax (MBT)--allows a qualified taxpayer (an anchor company that has influenced a new qualified supplier or customer to open, locate, or expand in Michigan) to claim an MBT credit for payroll attributable to employees of a qualified supplier or customer who performed qualified new jobs, for up to five years, if the taxpayer received a certificate from the Michigan Economic Growth Authority (SB 1115; eff. 4/8/08)
• PA 91 Real estate brokers and salespeople--includes the required services and duties in the statutory form for disclosure of real estate agency relationships, and prescribes the language of a limited service agreement form (HB 4417; eff. 7/1/08)
• PA 90 Real estate brokers and salespeople-identifies duties that a real estate broker or salesperson owes to his or her client, and services the broker or salesperson would have to provide, if he or she were acting under a service provision agreement; defines "service provision agreement" as a buyer agency agreement or listing agreement executed by a real estate broker and a client that establishes an agency relationship; allows the specified services, other than marketing the client's property, to be waived in a "limited service agreement"; for a broker who is involved at the closing of a real estate or business opportunity transaction, includes in the required services (which cannot be waived) furnishing to the buyer or seller a complete and detailed closing statement signed by the broker, showing each party all receipts and disbursements affecting that party; prohibits a real estate broker or salesperson representing a client under a service provision agreement from advertising the property as "for sale by owner" or otherwise misleading the public to believe that the seller was not represented by a broker; and includes a failure to provide the required services as grounds for administrative sanctions (HB 4416; eff. 7/1/08)
• PA 88 Michigan Business Tax (MBT)--allows a qualified taxpayer to claim an MBT credit for a percentage of the taxable value of certain qualified suppliers' or customers' taxable property for up to five years, if the taxpayer receives a certificate from the Michigan Economic Growth Authority designating it an anchor company, which is a qualified high-technology business that is an integral part of a high-technology activity and that has the ability or potential ability to influence business decisions and site location of qualified suppliers and customers; provides that the Authority cannot designate more than five anchor companies each year or approve more than five new credits each year (HB 5858; eff. 4/8/08)
• PA 86 Michigan Business Tax Act--makes available a credit for an investment of $100,000 or more in 2008 and $250,000 or more in 2009 and beyond in a qualified film and digital media infrastructure project; credits are available to companies that apply to and enter into agreements with the Michigan Film Office and would require the concurrence of the State Treasurer; the credit is equal to 25 percent of the taxpayer's base investment (SB 1173; eff. 4/8/08)
• PA 79 Income Tax Act--allows a production company to claim a credit equal to the amount of the credit available under the Michigan Business Tax (as long as the credit for that tax is not claimed as well) (HB 5844; eff. 4/8/08)
• PA 77 Michigan Business Tax Act--provides a credit against the tax for certain companies involved in the production of motion pictures, television programs, music videos, interactive games, and similar productions in Michigan (HB 5841; eff. 4/8/08)
• PA 71 Mortgage Brokers, Lenders, and Servicers Licensing Act—revises criminal penalty for an owner, partner, member, officer, trustee, employee, agent, broker, or other person, or a representative acting on the person's authority, who does any of the following willfully or intentionally: (1) engages in the business of a mortgage broker, mortgage lender, or mortgage servicer in Michigan without a license or registration required under the Act; (2) transfers or assigns a mortgage loan or a security directly representing an interest in one or more mortgage loans before the disbursement of at least 75% of the proceeds of the loan to, or for the benefit of, the borrower (subject to several exceptions); or (3) transfers or assigns a mortgage loan or a security representing an interest in one or more mortgage loans to an individual investor unless specified conditions are met (HB 833; eff. 4/3/08)
• PA 70 Mortgage Brokers, Lenders, and Servicers Licensing Act—among other things, prohibits a loan officer registrant from (1) engaging in fraud, deceit, or material misrepresentation in connection with any transaction governed by the Act; (2) intentionally, or due to gross or wanton negligence, repeatedly failing to provide borrowers with any material disclosures or information required by law; and (3) directly or indirectly making a false, misleading, or deceptive advertisement regarding mortgage loans or their availability (SB 832; eff. 4/3/08)
• PA 64 Mortgage Brokers, Lenders, and Servicers Licensing Act-- creates the Mortgage Industry Advisory Board and requires it to communicate to the Commissioner of the Office of Financial and Insurance Services issues of concern to the residential mortgage industry, and to review and make recommendations concerning loan officers, proposed rules, and other issues referred to the Board by the Commissioner (SB 826; eff. 4/3/08)
• PA 59, 60, 61, 62, 63 Mortgage Brokers, Lenders, and Servicers Licensing Act—amends the Act to: (1) prohibit an employee or agent of a licensee or registrant from performing services of a loan officer unless he or she is registered or otherwise complies with the Act; allows an applicant for loan officer registration to perform services as a loan officer while his or her application is pending if certain conditions are met; prohibits a loan officer from receiving any compensation, commission, or other benefits for originating a mortgage loan unless he or she is a loan officer registrant or the compensation, commission, or other benefits were paid by the licensee or registrant for which the loan officer originated that mortgage loan; requires a loan officer registrant to notify the Commissioner of the Office of Financial and Insurance Services (OFIS) within 10 days after certain occurrences; extends the Commissioner's supervisory authority to loan officers originating mortgage loans in Michigan; and prohibits the Commissioner from using a complaint in any subsequent decision to issue, renew, suspend, or revoke the registration of a loan officer against whom a complaint was filed if an investigation did not disclose evidence of a violation (HB 5287-5291; eff. 4/3/08)
• PA 58 State Housing Development Authority Act--authorizes Michigan State Housing Development Authority to make loans to individual purchasers for the refinancing, as well as acquisition and long-term financing of newly rehabilitated, newly constructed, or existing one- to four-unit housing units; increases the limit on a borrower's family income; and revises the maximum purchase price, and applies that limit to appraised value, in the case of refinancing (SB 1133; eff. 4/3/08)
• PA 57 State Housing Development Authority Act--allows Michigan State Housing Development Authority to participate in loans made to individual purchasers for long-term refinancing; with regard to refinancing, the Authority may not enter into any new making, purchasing, or participation in loans to individual purchasers later than three years after the act's effective date (SB 948; eff. 4/3/08)
• PA 55 State Housing Development Authority Act--creates Recapture Tax Fund under the jurisdiction and control of Michigan State Housing Development Authority, which may use the money held in the Fund to reimburse individual borrowers for any taxes they paid and for which they were liable under IRC 143(m) or any similar recapture taxes (SB 950; eff. 4/3/08)
• PA 52 Michigan Telecommunications Act--repeals sunset repeal provision (December 31, 2009)
  for the Act (HB 5665; eff. 3/28/08)
• PA 51 Home Rule City Act--adds right-of-way signage and dangerous building ordinance violations to the list of ordinance violations that a city may designate as blight violations (HB 4868; eff. 3/28/08)
• PA 50 Housing Law of Michigan--allows the legislative body of a municipality to designate a violation of an ordinance prohibiting dangerous buildings as a blight violation (HB 5319; eff. 3/28/08)
• PA 47 Marriage--authorizes county clerk to solemnize a marriage in a county other than the one in which he or she serves, with the written authorization of the clerk of that county (SB 667; eff. 3/27/08)
• PA 46 Child Protection Law--requires Department of Human Services, within 24 hours after receiving a report of suspected child abuse or neglect involving certain violations, to notify the local law enforcement agency as well as the prosecuting attorney and extends that requirement to other reports involving a child's death, sexual abuse or exploitation, or severe physical injury (SB 273; eff. 3/27/08)
• PA 43 Vehicle Code--requires child restraint system requirements for children at least four years old but under the age of eight and less than four feet, nine inches tall (SB 82; eff. 7/1/2008)
• PA 41 Estates and Protected Individuals Code (EPIC)—revises references to provisions of the Uniform Anatomical Gift Law and provides that the authority regarding an anatomical gift under EPIC can include the authority to resolve a conflict between the terms of an advance health care directive and the administration of means necessary to ensure the medical suitability of the anatomical gift (HB 4945; eff. 3/17/08)
• PA 39 Revised Uniform Anatomical Gift Law—among other things, revises the criteria that an individual must meet to make an anatomical gift during his or her life; revises the list of people who are authorized to make an anatomical gift on a donor's behalf upon or near death; revises provisions pertaining to a document of gift and procedures for amending or revoking a document of gift; and revises procedures for determining the recipient of an anatomical gift (HB 4940; eff. 5/1/08)
• PA 33 Land Use—enacts Michigan Planning Enabling Act to repeal and replace statutes
  that govern municipal, county, and township planning; among other things, allows a local unit of government to adopt, amend, and implement a master plan; prescribes the general purpose of a master plan; allows a local unit to adopt an ordinance creating a planning commission; requires a planning commission to make and approve a master plan as a guide for development within the planning jurisdiction; and provides that an existing master plan or charter provision or ordinance creating a planning commission would continue in effect under the Act, unless rescinded or repealed, subject to certain conditions (SB 206; eff. 9/1/08)
• PA 28 Veterans—amends preference for public appointment or employment by deleting a requirement that a veteran applicant be a resident of the county in which the office or position is located for at least one year (SB 750; eff. 3/13/08)
• PA 23 Driver’s license—enacts Enhanced Driver License and Enhanced Official State Personal Identification Card Act, which may be proof of identity and citizenship for people entering the United States at land and sea ports; provides that an applicant can apply for either a standard driver license or ID card or an enhanced driver license or ID card (which must include reasonable security measures to protect against unauthorized disclosure of personal information)(HB 5535; eff. 3/13/08)
• PA 20 Uniform Foreign-Country Money Judgments Recognition Act--specifies circumstances under which a Michigan court would have to, could, or could not recognize a foreign-country judgment granting or denying a sum of money; prohibits a foreign-country judgment from being refused for lack of personal jurisdiction if certain conditions applied, and allows Michigan courts to recognize other bases of personal jurisdiction; provides that a foreign-country judgment entitled to recognition would be conclusive between the parties and enforceable in the manner of a judgment rendered in Michigan; specifies that a party seeking recognition of a foreign-country judgment would have the burden of proving that the Act applied; establishes the procedure for seeking enforcement of a foreign-country judgment; allows a court to stay proceedings if an appeal from a foreign-country judgment were pending; allows an action to recognize a foreign-country judgment within the time the judgment was effective in the foreign country or 15 years, whichever is shorter; specifies the circumstances under which the Act will apply; and repeals the Uniform Foreign Money-Judgments Recognition Act (MCL 691.1151-691.1159) (HB 4650; eff. 3/7/08)
• PA 18 Pesticides—establishes an agricultural pesticide dealer license, with an annual license application fee of $100, and, among other things, prohibits a person (other than a restricted use pesticide dealer) from distributing, selling, or offering for sale agricultural pesticides except as authorized under an annual agricultural pesticide dealer's license for each place of business (SB 682; eff. 2/29/08)
• PA 15 Child Care Licensing Act—requires a child care organization, within 24 hours of receiving notice that the Department of Human Services (DHS) is conducting a high-risk special nvestigation, to make a good faith effort to give oral notification to each parent or legal guardian of the children who were under the organization’s care at the site and at the time of the incident being investigated, and, if the individual being investigated were still present at the child care organization at the time of the investigation, each parent or guardian of children who had or would come into contact with that individual for as long as he or she was present at the organization; within one business day after the initial good faith attempt at oral notification, the child care organization would have to send written notification by mail service, facsimile transmission, or electronic mail; if the DHS determines in its investigation that there were no substantiated rule violations, it must post that information on its website, and give notice of its determination to the child care organization, which could share the notice with parents and guardians; also establishes criminal penalties for making a false report that causes the DHS to conduct a special investigation requiring notification (SB 97; eff. 6/1/08)
• PA 12 Zoning Enabling Act—revises notice requirements that apply to local units of government and zoning boards of appeals; provides that a zoning ordinance adopted under a repealed act would not need to be readopted but would be subject to the requirements of the Zoning Enabling Act; provides an additional option for dealing with nuisance properties; revises the requirements for the composition of zoning commissions and boards of appeals; and revises the process for appealing decisions of zoning boards of appeals (HB 5032; eff. 2/29/08)
• PA 11 Liquor Control Code—includes serving or furnishing alcoholic liquor in the prohibition against selling alcohol to an intoxicated person; codifies and rescinds several administrative rules dealing with prohibitions related to, among other things, selling to or serving an intoxicated person, allowing an intoxicated person to consume alcohol on or loiter on licensed premises, and allowing a minor to consume alcohol on licensed premises; and prohibits the use of breathalyzer or blood alcohol test results to prove certain violations (HB 4684; eff. 2/29/08)
• PA 10 Crimes--extends crime of breaking and entering to shipping containers (SB 565; eff. 6/1/08)
• PA 9 Nonprofit Corporation Act--permits the use of electronic communications, and specifies, among other things, that when a notice is required or permitted by the Act to be given in writing, electronic transmission constitutes written notice; allows notice of meetings to be electronically transmitted, and allows a board of directors to conduct a meeting of shareholders or members solely by means of remote communication and specifies conditions under which a shareholder or member can participate in a meeting and vote by means of remote communication (SB 123; eff. 2/29/08)
• PA 7 Driver's licenses--prohibits issuance of a driver or chauffeur license to an individual determined by the Secretary of State to be in the country illegally; requires a person who is a U.S. citizen to state this fact on his or her license application; requires a license to indicate that the licensee is a U.S. citizen, if this is the case; provides that a license issued to a person who is an alien expires on the date his or her presence in the U.S. becomes unlawful; and prohibits an alien whose license has expired because his or her presence in the U.S. has become unlawful from applying for extension under provisions that otherwise allow persons who are out of state when their licenses expire to apply for extensions (HB 4505; eff. 2/15/08)
  
• PA 6 Construction--enacts "Owner Built Residence Transfer Act" to regulate the use and sale
  of a residential structure built by an "owner-builder" (SB 577; eff. 8/10/08)
• PA 5 Mobile Home Parks--creates a civil fine for a licensee's failure to remit a monthly trailer coach tax (SB 111; eff. 2/7/08)
• PA 1 School Code--replaces references to "handicapped person," "handicapped pupil," and "handicapper" in certain definitions and other provisions throughout the Code with "student with a disability" (SB 730; eff. 1/11/08)

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