Selected Michigan legislation through PA 596. Latest
PAs received on January 10, 2005.
Portions of these summaries are reproduced with
permission of the Michigan
Legislative Council, Senate Fiscal Agency, or House Fiscal
Agency.
-
PA 590
Real property--amends Land Division Act to allow public utility easement
to be
relinquished without a circuit court action if various parties enter
into an agreement for that purpose (HB 6295; eff. 1/4/05)
-
PA 584
Construction--requires that Michigan Building Code, Michigan Residential
Code, Michigan Mechanical Code, Michigan Uniform Energy Code, and
Michigan Rehabilitation Code be available to general public for at
least 45 days before code can be enforced; this does not apply to
any code effective before 4/1/05 (HB 6046; eff. 1/4/05)
-
PA 577,
578,
579
Zoning--amends Township, County, and City and Village Zoning Acts
to allow owner of land voluntarily to offer in writing, and allow
township, county, city or village to approve, certain use and development
of the land as condition to rezoning of the land or an amendment to
a zoning map (contract zoning)(HB 6206, 6166, 6164; eff. 1/4/05)
-
PA 576
Real property--amends General Property Tax Act to exempt from taxes
under real property owned by qualified conservation organization that
is held for conservation purposes and that is open to all residents
of the State for educational and recreational use (HB 6036; eff. 1/4/05)
-
PA 575
Civil procedure--adds Chapter 54a (Bankruptcy) to Revised Judicature
Act to allow debtor in bankruptcy to exempt from bankruptcy estate
either property that is exempt under federal law or property identified
in this act; sets maximum value of specific types of property that
are exempt; exemption bill would not apply to mortgage, lien, or security
interest in exempt property that was consensually given or lawfully
obtained, unless lien was obtained by judgment, attachment, levy,
or similar legal process in connection with court action or proceeding
against debtor; beginning March 1, 2005, State Treasurer must adjust
dollar amounts for exemptions every three years; also amends Chapter
60 (Enforcement of Judgments) of Act to specify that property held
jointly by husband and wife as tenancy by the entirety would be exempt
from execution under judgment entered against only one spouse (HB
5763; eff. 1/3/05)
-
PA 574
Government records–renames Records Media Act as Records Reproduction
Act; requires Department of History, Arts, and Libraries (HAL) to
seek advice and comment from Department of Information Technology
and at least one representative each from a county government, a city,
township, or village government, and information technology industry,
before submitting proposed technical standard regarding storage and
reproduction of government records to State Historical Records Advisory
Board; requires Board to approve, disapprove, or revise proposed technical
standard within 60 days of receiving it from HAL; and prohibits technical
standard from taking effect until it is published in Michigan Register
(HB 5657; eff. 1/3/05)
-
PA 573
Real property taxation--amends act providing for taxation of lessees
and users of tax-exempt property to require that delinquent taxes
be collected at same time and in same manner as taxes levied on personal
property are collected under General Property Tax Act (which provides
for collection of unpaid personal property taxes by demand or litigation)(HB
5551; eff. 1/3/05)
-
PA 572
Government records–expands media that may be used to store and
reproduce government records, by including data transfer, digitization,
digital migration, magnetic media, and printing, or any other reproduction
method or medium approved by Department of History, Arts, and Libraries
(HAL) under the Act; allows HAL to approve new storage media; authorizes
HAL to adopt technical standards, issue directives, and promulgate
rules; prohibits governmental entity or official from using microreproduction,
digitization, digital imaging, or digital migration until HAL adopts
a standard, issues a directive, or promulgates a rule governing method
or medium; and permits HAL to enter into pilot agreement with governmental
entity to test new media (HB 5550; eff. 1/3/05)
-
PA 570
Child support–amends Penal Code to require individual, on being
arrested for felony of nonpayment of support, to remain in custody
until arraignment unless he or she deposits cash bond of at least
$500 or 25% of the arrearage, whichever is greater; if person remains
in custody, court must address amount of bond at arraignment and at
preliminary exam and except for good cause shown on the record, court
must order bond to be continued at level described above but, at its
discretion, court could set bond at up to 100% of arrearage and add
to that amount the costs that the court may require under Support
and Parenting Time Enforcement Act (HB 5373; eff. 1/3/05)
-
PA 569
Child support--amends Support and Parenting Time Enforcement Act to
require court, if bench warrant has been issued for unpaid support,
to require that payer, on being arrested on felony warrant for nonpayment
of support, remain in custody until preliminary examination, unless
he or she deposits cash performance bond (HB 5372; eff. 1/3/05)
-
PA 568
Child support–amends Penal Code to prohibit prosecution of individual
for failure or refusal to pay child support while he or she has amnesty
for that support arrearage (HB 5262; eff. 6/1/05)
-
PA 567
Child support--prohibits Friend of the Court office from initiating
support enforcement measure to collect payer’s child support
arrearage while he or she had amnesty for that arrearage (HB 5259;
eff 6/1/05)
-
PA 565
Soil Erosion and Sedimentation Control--specifies that owner of property
subject to earth change permit is responsible for compliance with
terms of permit and provides that when property subject to earth change
permit is transferred, permit, including permit obligations and conditions,
as well as responsibility for any violations of permit existing at
time of transfer, also is transferred (HB 5055; eff. 1/3/05)
-
PA 564
Child support–provides for child support amnesty period of at
least 90 days, ending before seven months after bill’s effective
date, waiving all criminal and civil penalties provided by law for
failing or refusing to pay past due child support (HB 4654; eff. 6/1/05)
-
PA 563
Child Protection Law--requires Director of Family Independence Agency
(FIA)
to release information in Children’s Protective Services and
Foster Care case record related specifically to FIA’s actions
in responding to complaint of child abuse or neglect in which a child
who was a part of the case has died (HB 4586; eff. 1/3/05)
-
PA 561
Telecommunications–requires operator or service provider that
owns or operates payphone or contracted to provide toll service for
payphone provider to disclose, at no charge, audibly and distinctly,
how consumer may receive a rate quote, before connecting the call
(HB 4187; eff. 1/3/05)
-
PA 560
Children’s Ombudsman Act–-requires Governor, with advice
and consent of the Senate, to appoint children’s ombudsman and
clarifies powers and duties of ombudsman (HB 4096; eff. 1/3/05)
-
PA 558
Attorneys–eliminates requirement that person qualified for admission
to the State Bar be a resident of one of the states or territories
or the District of Columbia (SB 1366; eff. 1/3/05)
-
PA 557
Mental Health Code-- includes patient advocate authorized to make
mental health treatment decisions among persons who may execute application
for formal voluntary hospitalization of individual at least 18 years
old who assents to hospitalization (SB 1472; eff 1/3/05)
-
PA 556
Mental Health Code--revises individuals who may be considered for
admission to hospital operated by Department of Community Health or
under contract with community mental health services program (SB 1471;
eff 1/3/05)
-
PA 555
Mental Health Code--provides for assessment of individual being considered
for admission to Department of Community Health hospital or alternative
treatment program and to include person applying for admission among
persons who may request second opinion if admission is denied (SB
1470; eff 1/3/05)
-
PA 554
Mental Health Code--includes patient advocate designated to make mental
health treatment decisions for a patient among persons who must be
notified if a patient in a Department of Community Health hospital
is transferred to any other hospital, or any other Department facility
that is not a hospital (SB 1469; eff 1/3/05)
-
PA 553
Mental Health Code-- revises definition of formal voluntary hospitalization
(SB 1468; eff 1/3/05)
-
PA 550
Government records--provides that reproduced government record has
same force and effect as true paper copy of that official record (SB
1409; eff 1/3/05)
-
PA 549
Michigan State Housing Development Authority--increases income limits
for
persons seeking mortgages or loan assistance through the authority
(HB 6077; eff 1/3/05)
-
PA 548
Child support--requires that by 2007 all child support payments to
recipients be made by electronic funds transfers (SB 1319; eff 1/3/05)
-
PA 542
Child Custody Act--permits court to order grandparent visitation if
grandparent overcomes presumption that fit parent’s denial of
such visitation is not a substantial harm to child’s mental,
physical and emotional well being and that visitation is in best interests
of grandchild (SB 727, eff 1/3/05)
-
PA 541
Home Rule City Act--permits home rule city to adopt international
code or
property code as ordinance by reference (SB 601; eff 1/3/05)
-
PA 540
Michigan State Housing Development Authority Act--prohibits register
of
deeds from assisting redeeming party when he or she is calculating
redemption amount of mortgage offered by the Authority (SB 931, eff
3/30/05)
-
PA 539
Michigan Estate Tax--requires that redemption amount for foreclosed
property be determined without assistance of register of deeds; requires
purchaser to file affidavit stating exact amount to redeem property,
including any daily per diem amounts (SB 930; eff 3/30/05)
-
PA 538
Foreclosure--requires that purchaser at foreclosure sale file affidavit
containing exact amount required to redeem property, including any
daily per diem amounts; also prohibits register of deeds from determining
redemption amount (SB 929; eff 3/30/05)
-
PA 536
Public Health Code--permits pharmacist to dispense prescription written
and signed by physician licensed to practice in Illinois or Minnesota
(SB 908, eff 1/3/05)
-
PA 534
Wage and Fringe Benefits Act--permits employer to implement payment
of wages by electronic funds transfer without employee’s consent
(SB 851; eff 1/3/05)
-
PA 532
Estates and Protected Individuals Code--allows an individual to designate
patient advocate to exercise powers regarding his or her mental health
treatment decisions. (SB 1464; eff 1/3/05)
-
PA 531
Child Care Licensing Act–amends act to do the following, among
other things, with regard to child caring institutions: prohibits
use of mechanical and chemical restraint; allows use of personal restraint
and seclusion to ensure safety of minor or others in emergency situation;
establishes procedures for use of personal restraint and seclusion,
including debriefings of all situations in which personal restraint
or seclusion was employed; requires face-to-face assessment of minor
by licensed practitioner if use of personal restraint or seclusion
exceeded specified time limits; and requires reporting of instances
of death, serious injury, or attempted suicide to the Family Independence
Agency (FIA) and state-designated protection and advocacy system (SB
1344; eff 1/3/05)
-
PA 529
Natural Resources and Environmental Protection Act--amends Part 515
(Prevention and Suppression of Forest Fires) to provide that property
owner is not liable for damage or injury caused by fire or smoke from
prescribed burn if certain conditions are met; specifies that prescribed
burning does not constitute a public or private nuisance when conducted
in compliance with Part 515, Part 55 (Air Pollution Control), and
rules promulgated to implement either part; requires Department of
Natural Resources to adopt rules governing prescribed burning and
rules for certifying and decertifying prescribed burn managers; preempts
local ordinances that conflict with exemption from liability or otherwise
apply to prescribed burns conducted in compliance with the act (SB
925; eff 1/3/05)
-
PA 527
Mental Health Code--prohibits minor placed in child caring institution
from being placed or kept in seclusion, except as provided in the
Child Care Licensing Act or rules promulgated under the act (SB 231;
eff 1/3/05)
-
PA 523,
524
Crimes–prohibits offense of manufacturing, buying, selling,
furnishing, or possessing Molotov cocktail or any similar device (SB
1287, 1288; eff. 4/1/05)
-
PA 519,
520
Crimes--prohibits person from doing either of the following: (1) damaging
or destroying another person's research property with intent to frighten,
intimidate, or harass any person because of his or her participation
or involvement in, or cooperation with, research; preventing any person
from engaging in any lawful profession, occupation, or activity because
of his or her participation or involvement in, or cooperation with,
research; or preventing, delaying, hindering, or otherwise harming
research or use of the research; or (2) placing any object in any
research property to prevent lawful growing, harvesting, transportation,
keeping, selling, or processing of that research property (SB 1175,
1176; eff 4/1/05)
-
PA 515
Telecommunications–amends Emergency Telephone Service Enabling
Act to allow 911 service district to implement emergency notification
system (reverse 911) under which emergency service responders could
contact service users (telephone customers) within specific geographic
area in cases of imminent danger or emergency that could affect user's
health, safety, or welfare (SB 1267; eff 1/3/05)
-
PA 514
Public Health Code--deletes provision exempting licensed clinical
laboratories from HIV reporting requirements; revises reporting requirements;
requires reporting of AIDS cases; and requires physician to send specimen
to laboratory for HIV test without specified identifying information,
on a patient's request (SB 1129; eff 4/1/05)
-
PA 502
Michigan Vehicle Code--creates Organ and Tissue Donation Education
Fund and requires Secretary of State allow donation to fund when issuing
driver’s license (SB 817; eff. 12/29/04)
-
PA 496,
497,
498,
499
Mental Health Code--establishes criteria for "assisted outpatient
treatment" under court order, limits duration of such an order,
allows hospitalization if a person is not complying with an order,
and extends definition of “person requiring treatment”
to someone not complying with recommended treatment. (SB 683-686;
eff. 3/30/05)
-
PA 493,
494,
495
Michigan Vehicle Code--require that vehicle seller either accompany
purchaser to Secretary of State office to ensure transfer of title
or maintain record of sale for at least 18 months; declares abandoned
vehicles to be litter, and reduces time owner has to remove vehicle
before it is considered abandoned (HB 5364; eff. 10/2/05; SB 1171;
eff. 12/29/04; HB 4231; eff. 12/29/04).
-
PA 491
Administrative Procedures Act--lengthens review period for some proposed
rules and allows for some administrative rules to take effect immediately
after filing with Secretary of State (HB 5670; eff. 1/12/05)
-
PA 490
Municipal Employees Retirement Act--expands definition of municipal
entities that may join MERS; provides for electronic documentation
and adds certain annual actuarial valuation requirements (SB 517;
eff. 12/28/04)
-
PA 486,
487
Adoption--expands definition of interested party entitled to notice
of adoption petition, and creates new procedure for adoption of children
within permanent jurisdiction of the court or under care of Michigan
Children’s Institute (HB 6008 and HB 6010; eff. 12/28/04)
-
PA 481,
482,
483,
484
Child support-- amend various statutes to, among other things, provide
that lien on child support payer's property for past due support includes
an inheritance, a claim for negligence, personal injury, or death,
funds due from a settlement or arbitration award issued in civil action,
or compensation under worker's compensation, order, settlement, redemption
order, or voluntary payment, subject to certain exceptions; lists
assets and monies of support payer that are protected from lien; requires
Title IV-D agency to notify the "child support lien network"
(CSLN) when payer's arrearage exceeds twice the monthly payment amount;
allows insurance company to cooperate with Title IV-D agency and CSLN
to identify persons subject to child support arrearages who may be
entitled to certain liability insurance settlements or awards; and
requires decedent's personal representative to notify Friend of the
Court of identity of decedent's heirs and devisees (SB 1447-1450;
eff. 10/01/05)
-
PA 479,
480
Housing—create Michigan Housing and Community Development Program
and Michigan Housing and Community Development Fund (HB 4787, 4788;
eff. 12/29/04)
-
PA 478
Penal Code--includes computer technicians in list of persons for whom
prohibition and penalty for knowingly possessing child sexually abusive
material, in certain circumstances, does not apply (SB 773, eff. 12/29/04)
-
PA 475,
476,
477
Juveniles—amends Probate Code to revise time frames for various
foster care review hearings and permanency planning hearings, add
definitions, and requires lawyer-guardian ad litem to meet with and
observe child before certain proceedings (SB 1444, 1441, 1440, eff.
12/29/04)
-
PA 474
Cigarettes—extends to counterfeit cigarettes same penalties
that currently exist for illegal possession, acquisition, transportation,
or offering for sale of cigarettes and tobacco products, and for falsification
of a manufacturer's label on cigarettes (HB 5668; eff. 12/29/04)
-
PA 473
Juvenile Code--requires family court to conduct permanency planning
hearing within 12 months after child is removed from his or her home,
for child who remains in foster care and for whom parental rights
have not been terminated; also revises time frame for family court
to hold permanency planning hearing in abuse cases. (HB 6310; eff.
12/29/04)
-
PA 471
Credit Union Act—amends act to, among other things, require
domestic credit unions to follow generally accepted accounting principles;
extends certain requirements regarding credit union directors and
supervisory or credit committee members to members of other credit
union committees; requires, rather than allows, domestic credit union
to consider certain factors in establishing interest rates on loans;
extends act's prohibition against more favorable loan rates or terms
for credit union officials to people who have particular business
relationship with credit union officials or their family members;
and limits amount credit union may loan borrower or affiliates of
that borrower. (HB 6284, eff. 12/29/04)
-
PA 467
Public Health Code--increases in fees paid by the public for vital
records documents and searches (SB 1143, eff. 12/29/04)
-
PA 462
Consumer Protection Act--makes it unlawful to require consumer to
disclose his or her Social Security number as condition of sale, unless
transaction involves extension of credit or relates to administration
of employer-provided health-related benefit, or disclosure is required
or authorized by law (SB 657; eff. 3/1/05)
-
PA 461
Consumer Protection Act--prohibits as unfair trade practice issuing
or delivering to consumer receipt that displays any part of a credit
or debit card’s expiration date or more than the last four digits
of the consumer’s account number if a credit or debit card is
used for payment in consumer transaction; this prohibition does not
apply if the only receipt issued is one on which account number or
expiration date is handwritten, mechanically imprinted, or photocopied;
prohibition applies to any consumer transaction that occurs on or
after the effective date but if the credit or debit card receipt is
printed by an electronic device, prohibition applies to transaction
that occurred using that device only after one of following dates,
as applicable: (1) if electronic device is placed in service after
the effective date, 60 days after that date or the date the device
was placed in service, whichever was later; (2) July 1, 2006, if the
electronic device was in service on or before the effective date;
also prohibits as unfair trade practice requiring consumer to disclose
his or her Social Security number as condition to selling goods or
providing service to the consumer, unless transaction includes extension
of credit to consumer or disclosure is required by state or federal
law (SB 220; eff. 3/1/05)
-
PA 460
Crimes--prohibits person who is not party to transaction that involves
use of financial transaction device from secretly or surreptitiously
photographing, or otherwise capturing or recording, electronically
or by any other means, or distributing, disseminating, or transmitting,
electronically or by any other means, personal identifying information
from the transaction, without consent of the individual (HB 6177;
eff. 3/1/05)
-
PA 459
Consumer Protection Act—amends act to provide that violation
of
Section 11 of Identity Theft Protection Act (which prohibits person
from doing
various things related to extending or soliciting to extend credit
to certain consumers, or denying credit or a public utility service
solely because the consumer was an identity theft victim) is unfair,
unconscionable, or deceptive method, act, or practice in conduct of
trade or commerce (HB 6174; eff. 3/1/05)
-
PA 458
Criminal procedure--extends period of limitations for identity theft
or attempted identity theft, when evidence was obtained and individual
who committed offense has not been identified (HB 6172; eff. 3/1/05)
-
PA 456
Crime Victims Rights Act—amended to provide that, to facilitate
compliance with federal law requiring that every consumer reporting
agency, on request, clearly and accurately disclose certain information
to consumers (15 USC 1681g), bona fide victim of identity theft is
entitled to file police report with law enforcement agency in jurisdiction
where alleged violation of identity theft may be prosecuted and to
obtain copy of that report from law enforcement agency (HB 1384; eff.
3/1/05)
-
PA 455
Consumer Protection Act-- prohibits as unfair trade practice denying
credit or public utility service to, or reducing the credit limit
of, consumer who was victim of identity theft under Identity Theft
Protection Act if person denying credit or utility service or reducing
the consumer’s credit limit had prior knowledge that consumer
was victim of identity theft; a person is presumed to be a victim
of identity theft if he or she possesses valid police report evidencing
claim of identity theft (PA 798; eff. 3/1/05)
-
PA 454
Social Security numbers—enacts Social Security Number Privacy
Act to, among other things, prohibit a person from knowingly disclosing
or using all or more than four sequential digits of an employee’s,
student’s, or other individual’s Social Security number
in certain ways unless 1) state or federal law, rule, or regulation
authorize, permit, or require that Social Security number appear in
a document; 2) the document is sent as part of an application or enrollment
process; or 3) the document is sent to establish, amend, or terminate
an account, contract, or policy or to confirm accuracy of Social Security
number; provision is also made for exceptions relating to consents
for disclosure, disclosure authorized by state or federal law, or
disclosures to third parties relating to, among others, health or
employment benefits or an applicant’s suitability for employment
if the third party has a written privacy policy making use of that
number confidential; persons who knowingly violate the prohibition
are guilty of misdemeanor punishable by up to 93 days’ imprisonment,
a maximum fine of $1,000, or both and individuals may bring a civil
action against person who violates the Act and can recover actual
damages or $1,000, whichever is greater, plus reasonable attorney
fees (SB 795; eff 3/1/05)
-
PA 453
Criminal procedure—provides that violations of Identity Theft
Protection Act or violation of law committed in furtherance of or
arising from same transaction as a violation of that Act, may be prosecuted
in jurisdiction in which offense occurred, jurisdiction in which information
used to commit the violation was illegally used, or jurisdiction in
which victim lived; if a person is charged with more than one identity
theft violation and those violations could be prosecuted in more than
one jurisdiction, any of those jurisdictions is a proper jurisdiction
for all of the violations (SB 793; eff. 3/1/05)
-
PA 452
Identity theft—enacts Identify Theft Protection Act to, among
other things, prohibit person from committing or attempting to commit
identity theft; obtaining or possessing another’s personal identifying
information with intent to use it to commit identity theft or another
unlawful act; selling or transferring another’s personal identifying
information, knowing or having reason to know that intended recipient
would use information for purpose of committing identity theft or
another unlawful act; or falsifying police report or knowingly creating,
possessing, or using false police report; violation is felony punishable
by up to five years’ imprisonment and/or $25,000 fine (SB 792;
eff. 3/1/05)
-
PA 451
Motion pictures—provides civil immunity to owner or lessee of
theatrical facility who detained an individual believed to have committed
motion picture recording violation, provided that measures taken were
not unreasonable and/or period of detention was not unreasonably long
(SB 1386; eff. 3/28/05)
-
PA 450
Motion pictures—provides that person who commits motion picture
recording violation is liable to person injured by the violation for
one or more of the following: actual damages; exemplary damages of
not more than $1,000; exemplary damages of not more than $50,000,
if violator were acting for direct or indirect commercial advantage
or financial gain; and/or reasonable attorney fees and costs; if violator
is unemancipated minor who lives with his or her parent or parents,
parent or parents also would be liable to person injured by the violation
(SB 1387; eff. 3/28/05)
-
PA 447
Mortgages—provides that for first two years after effective
date, a mortgage would have to be discharged, a certificate executed
and acknowledged, and a discharge made within 75 days; beginning two
years after effective date, deadline would be 60 days; if mortgagor
refused or failed to discharge mortgage or to execute and acknowledge
certificate of discharge or release within required time period, after
a request, mortgagor would be liable for damages of $1,000 to mortgagor,
as well as actual damages (HB 4817; eff. 12/27/04)
-
PA 445
Social Welfare Act--allows Individual Development Account
(IDA) to be used for postsecondary education and business capitalization
(HB 4969; eff. 12/27/04)
-
PA 441
General Property Tax Act--provides for return of taxes erroneously
collected or required to be returned pursuant to bankruptcy proceeding
(HB 5724; eff. 12/21/04)
-
PA 435
Use tax--provides that use tax does not apply to transfer of motor
vehicle to qualified recipient from regularly organized church or
house of religious worship that received vehicle as donation (SB 184;
eff. 12/21/04)
-
PA 434
Real property--amends Lead Abatement Act to prohibit rental agent,
landlord, or owner of rental unit from renting or leasing unit to
another person for residential purposes if that person had prior actual
knowledge that unit contained lead-based paint hazard or discovered
or was notified of existence of lead-based paint hazard during rental
period and 30 days had passed since discovery or notification date
and person had not acted in good faith to abate hazard; persons violating
prohibition are guilty of misdemeanor and can be ordered to return
all rental payments made for exposure period (SB 757; eff. 1/2/05)
-
PA 432,
433 Real property–amends Lead Abatement Act to require Department
of Community Health to establish and maintain lead safe housing registry
and to require owner of rental target housing, or of child-occupied
facility, to register property with Department if it had been abated
of or had interim controls performed to control lead-based paint hazards
(HB 5116, SB 756; eff. 12/21/04)
-
PA 428
Government immunity–extends government immunity to care or treatment
provided by uncompensated tactical operation medical assistant assisting
SWAT team (HB 5971; eff. 12/17/04)
-
PA 423
Criminal law–prohibits operating audiovisual recording device
in facility where motion picture is exhibited without consent (HB
5347; eff. 3/15/05)
-
PA 422
Mortgages–amends wording for valid and enforceable mortgage
(HB 5832; eff. 12/15/04)
-
PA 409
Medical malpractice and other actions related to medical services--amends
Social Welfare Act to require Medicaid recipient or his or her legal
counsel to notify Department of Community Health (DCH) and, if appropriate,
a "Medicaid-contracted health plan,"when filing an action
in which DCH or the health plan could have a right to recover expenses
paid under the Act; also permits DCH or Medicaid-contracted health
plan to file legal action against a Medicaid recipient or his or her
legal counsel if the recipient or counsel did not notify the DCH or
the health plan, and gives DCH and the health plan first and second
priority against the proceeds of the net recovery from a settlement
or judgment in an action in which notice was provided (HB 5414; eff
11/29/04).
-
PA 406
Townships-permits township board to publish its notices, ordinances,
and proceedings in a newspaper, or by posting on the township's website,
or in the office of the township clerk and five other places in the
township; if publication is made by posting on the website or in the
township, a notice of the posting must be published at least once
in a newspaper circulated in the township or county (SB 928; eff.
11/29/04)
-
PA 401
Dentists--revises manner in which dental patient's care and treatment
information may be disclosed and provides that information may not
be disclosed except as otherwise permitted or required under the Federal
Health Insurance Portability and Accountability Act or regulations
under it (HB 5874; eff. 10/20/04)
-
PA 394
Education Savings Accounts--amends Income Tax Act to allow person
who had an education savings account to claim state income tax deduction
for contributions made after withdrawal from account; also revises
requirement that taxpayer add to adjusted gross income amount of withdrawal
that is not a "qualified withdrawal" (HB 5534; eff. 10/15/04)
-
PA 390
Natural Resources and Environmental Protection Act--creates new sunset
of December 31, 2010, on collection of 7/8-cent per gallon regulatory
fee on refined petroleum products, revises uses of the revenue, and
creates Refined Petroleum Fund (SB 6074; eff. 10/12/04)
-
PA 385
Uniform Unclaimed Property Act-revised to provide for unclaimed stock
in business association to be presumed abandoned if owner of the interest
did not claim dividend or other distribution for over three years
(rather than seven), and business did not know of owner's location;
also provides for abandonment of stock enrolled in automatic reinvestment
plan if owner had not communicated with business for at least three
(rather than 15) years regarding stock not enrolled in the plan and
at least three years had elapsed since owner's location became unknown
to the business; and requires Department of Treasury to publish, twice
yearly in newspaper of statewide circulation, Department's website
address and number of unclaimed properties added to the website and
requires website to list owners of unclaimed property (SB 1340; eff.
10/12/04)
-
PA 372
Nursing homes-requires that payments be made to hold beds
for Medicaid patients on emergency medical or therapeutic leave only
when the nursing home is at 100% of occupancy; if the nursing home
is under 100% of occupancy, Department of Community Health has the
option of continuing to make such payments, but is no longer be required
to do so (SB 1164; eff. 10/11/04)
-
PA 367
Negligence/personal injury--provides immunity from civil liability
to certain entities involved in the manufacture, distribution, and
marketing of food, for injury or death arising out of weight gain
or obesity, except under circumstances involving adulteration, misbranding,
or a willful violation of law; applies to all actions pending on and
all actions filed after the effective date, regardless of when the
claim accrued (HB 58009; eff. 10/7/04)
-
PA 363
Military Family Relief Act-amends Income Tax Act to establish the
Military Family Relief Fund and provides for grants from the Fund
to a "qualified individual" or his or her family (SB 1269;
eff. 10/6/04)
-
PA 362
Vehicle Code-- expands information that Secretary of State must maintain
on an individual's driving record, specifies conditions under which
Secretary could use or disclose a driver's medical and disability
information, and, among other things, expands offenses for which a
commercial driver license must be suspended or revoked (HB 5802; eff.
10/4/04)
-
PA 357
Property tax-shifts levy of county property taxes from December to
summer over three years and requires counties to establish revenue
sharing reserve fund (SB 1112; eff 9/30/04)
-
PA 343
Estates and Protected Individuals Code--permits a court, on petition
by an interested person, to appoint a personal representative to supervise
disposition of a decedent's body for a person who had insufficient
assets to pay for a funeral or burial and who died without a will
and without heirs (SB 1244; eff. 9/29/04)
-
PA 331
Traffic offenses–identifies reckless driving violation as misdemeanor
and increases penalty to imprisonment for up to 93 days, a maximum
fine of $500, or both (HB 5820; eff. 11/1/04)
-
PA 330
Probation–requires probationers to pay minimum state cost prescribed
by Code of Criminal Procedure and probation supervision fee if sentenced
in circuit court (rather than if convicted of a felony) (HB 4642;
eff. 9/23/04)
-
PA 328
Civil procedure--authorizes Supreme Court to increase payment due
to circuit court reporters or recorders for transcripts ordered and
timely filed as part of a program of differentiated case management
for appeals of civil cases in which circuit court either grants or
denies summary disposition (SB 1252; eff. 9/23/04)
-
PA 325
Environmental permits--requires Departments of Natural Resources and
Environmental Quality and other entities to to grant or deny administratively
complete applications for various permits and licenses in a timely
manner (HB 5876; eff. 9/10/04)
-
PA 321,
322,
323,
324
Taxation-provides for exemptions under various tax acts for qualified
start-up businesses (SB 1302-1305; eff. 8/27/04)
-
PA 314
Estates and Protected Individuals Code-technical amendments that,
among other things, require repayment of improper distributions from
a trust; provide that a beneficiary's claim for breach of trust would
be barred one year after he or she was sent a report disclosing existence
of a potential claim, rather than an annual or final account, and
provide for a five-year statute of limitations in other cases; revise
provisions for disclaimer of a property interest; and permit the probate
court to apportion taxes and credits in the manner it found equitable,
if the court found that it would be inequitable to apportion them
as provided in the Code (HB 1151; eff. 9/1/04)
-
PA 305
Open Meetings Act--prohibits public body from including in minutes
of its meetings any personally identifiable information that, if released,
would be in violation of the Federal Family Educational Rights and
Privacy Act (FERPA); also requires public body to make any corrections
of its minutes at the next meeting after the meeting to which the
minutes refer (HB 5198; eff. 8/11/04)
-
PA 253
Paternity Act--apportions expenses of mother's confinement and pregnancy
and funeral expenses based on parent's ability to pay when child is
born out of wedlock (HB 4013; eff. 10/1/04)
-
PA 252
Taxation--exempts real and personal property of "qualified start-up
business" from taxes levied under General Property Tax Act after
December 31, 2004, if the business applied for exemption and governing
body of local tax collection unit adopted resolution approving exemption
(HB 6025; eff. 7/23/04)
-
PA 241,
242
Michigan Children's Protection Registry Act-requires Department of
Labor & Economic Growth (DLEG) to establish and operate "Child
Protection Registry" on which a person or school could register
contact points (e.g., e-mail addresses) belonging to a minor or to
which a minor could have access; prohibits a person from sending to
registered contact point communication that contains, advertises,
or links to, a product or service that minors are prohibited by law
from purchasing, viewing, possessing, or otherwise receiving; requires
persons who want to send such a communication to pay fee set by DLEG
to verify compliance with Registry; prohibits release of information
contained on Registry; violations of act also violate statute prohibiting
fraudulent access to computers and networks (SB 1025, HB 5979; eff.
7/21/04)
-
PA 240
Sex Offenders Registration Act-allows juveniles charged with particular
sex offenses on or after October 1, 2004, or convicted of specified
sex offenses before that date, to petition court for exemption from
registration on public sex offender registry; authorizes court to
order juveniles charged with particular sex offenses on or after October
1, 2004, to register on sex offender registry maintained for law enforcement
purposes until their 18th birthday, rather than for 25 years as currently
required; authorizes court to order juveniles convicted before October
1, 2004, to register on law enforcement registry for 10 (rather than
25) years; and provides that individual convicted of a listed offense
before October 1, 2004, and assigned to youthful trainee status would
have three years after that date to petition court for 10-year registration
period on law enforcement registry and exemption from registration
on public registry (HB 4920; eff. 10/1/04)
-
PA 239
Holmes Youthful Trainee Act--expands circumstances under which juvenile
may not be assigned to youthful trainee status, and removes requirement
for registration under Sex Offenders Registration Act (HB 5240; eff
10/1/04)
-
PA 237
Sex Offenders Registration Act--requires individuals who must be registered
under Act to pay one-time $35 registration fee and an additional $25
"change of data fee" when information registrant is required
to report necessitate revision of sex offender registry data base
(SB 1167/eff. 10/16/04)
-
PA 226
Holmes Youthful Trainee Act--allows court to require participation
in drug court as condition of probation (SB 1000; eff. 1/1/05)
-
PA 225
Public Health Code--includes participation in drug treatment court
in terms and conditions of probation for individuals whose sentencing
is deferred for certain controlled substance charges (SB 999; eff.
1/1/05)
-
PA 224
Courts--authorizes circuit and district courts to adopt drug treatment
courts and authorizes family courts to adopt juvenile drug treatment
courts (SB 998; eff. 1/1/05)
-
PA 223
Probation--authorizes court to order participation in drug treatment
court as condition of probation for deferral of charges of parental
kidnapping and health care professional who practiced under influence
of alcohol or controlled substances (HB 5928; eff. 1/1/05)
-
PA 221
Juvenile code--authorizes court to order participation in drug treatment
court as condition of probation (HB 5716; eff. 1/1/05)
-
PA 220
Probation--authorizes court to order participation in drug treatment
court as a condition of probation for deferral of domestic assault
charges (HB 5674; eff. 1/1/05)
-
PA 219
Probation--authorizes court to order participation in drug treatment
court as condition of probation (HB 5647; eff. 1/1/05)
-
PA 213,
214,
215,
216,
218
Penal Code and Public Health Code--revise criminal penalties and prescribe
administrative sanctions for adulterating drugs or medicine (HB 5174-5178;
eff. 10/12/04)
-
PA 212
Secured transactions--prohibits person from knowingly or intentionally
filing false or fraudulent financing statement and requires Secretary
of State to provide written notification of filing of financing statement
to debtor named in financing statement if debtor is an individual
(HB 5148; eff. 1/1/05)
-
PA 211
Support and Parenting Time Enforcement ActBpermits payer who has child
support arrearage to file motion with circuit court for payment plan
to pay arrearages and to discharge or abate arrearages (HB 4992; eff.
2/28/05)
-
PA 210
Friend of the Court Act--adds definition of de novo hearing, as well
as language concerning interim order that may precede this hearing;
requires supporting documents used by Friend of the Court (FOC) to
be made available to attorneys for each party before court takes any
action on FOC=s recommendations; adds rules for disclosing child=s
custody preference in custody dispute (HB 4776; eff. 10/1/04)
-
PA 209
Paternity Act--provides that child support obligation is only retroactive
to date that paternity complaint was filed unless one or both of the
following circumstances exist: (a) defendant was avoiding service
of process, or (b) defendant threatened or coerced complainant through
domestic violence or other means to not file a complaint (HB 4775;
eff. 10/1/04)
-
PA 208
Support and Parenting Time Enforcement Act--changes surcharge calculation
on past due child support, based on semiannual cycle of January 1
and July 1 of each year; party or Friend of the Court may file motion
that provides for discharge of surcharge assessed and for waiver of
future surcharges, if court finds that specific conditions are met
(HB 4774; eff. 6/30/04, 6/30/05)
-
PA 207
Friend of the Court Act--defines rights of both parties to request
review of child support order, and defines new duties for Friend of
the Court in communicating right to review; Friend of the Court must
provide calculations on which support amount is based, and may impute
income to either party who fails or refuses to provide information
(HB 4773; eff. 6/30/05)
-
PA 206
Support and Parenting Time Enforcement Act-- imposes additional requirements
on payer where child support arrearages exist; payer may be held in
contempt of court if he or she has failed to find source of income
and has failed to participate in a work activity after referral by
Friend of the Court; court may also order payment of fine of not more
than $100 after finding payer in contempt (HB 4772; eff. 2/28/05)
-
PA 204
Paternity ActBprovides that the court, in instances of a child born
out of wedlock, may apportion the expenses of a mother=s confinement
and expenses in connection with her pregnancy between the parents
based on each parent=s ability to pay and any other relevant factor
(HB 4768; eff. 10/1/04).
-
PA 195
Child abuse or neglect--requires Family Independence Agency (FIA)
investigator to identify himself or herself to certain individuals
in course of child abuse or neglect investigation; FIA investigator
also would have to inform those individuals of complaints or allegations
made against them (HB 5589; eff. 7/8/04)
-
PA 193
Child support--assigns all rights to child support payable on behalf
of child committed to or under supervision of Family Independence
Agency (FIA) to FIA; assignment would end when FIA ceases making foster
care maintenance payments on behalf of the child, except for past
due support (HB 4769; eff. 7/8/04)
-
PA 190
No-fault insurance-prohibits automobile insurance policy from unreasonably
restricting insured from using a particular person, place, shop, or
entity for the providing of any automobile repair or automobile glass
repair or replacement service or product covered under policy (HB
4127; eff. 7/8/04)
-
PA 189
Nursing homes--requires Department of Community Health to establish
toll-free consumer complaint and inquiry line that is to be accessible
24 hours per day and staffed at level that ensures response to "priority
complaint" within 24 hours of its receipt; requires Department to
develop standard complaint intake form for processing complaints and
sets deadline of one business day for forwarding completed intake
form on priority complaint to investigator and five business days
to complainant (HB 4062; eff. 7/8/04)
-
PA 186
Real property--foreclosure of mortgage by advertisement--requires
that notice of foreclosure include name of original mortgagee and
that record chain of title exist before sale date showing assignment
of mortgage to foreclosing party (HB 5859; eff. 7/1/04)
-
PA 178
Health--requires Director of Department of Community Health to establish
Michigan Lifespan Respite Services Resource Network to develop and
encourage statewide coordination of respite services and to work with
community-based private nonprofit or for-profit agencies, public agencies,
and interested citizen groups to engage in networking community lifespan
respite services information resources (HB 4476; eff. 7/1/04)
-
PA 172,
173,
174,
175
Sales and use taxes--authorize Michigan's participation in the Streamlined
Sales Tax Project (a multistate effort to simplify and modernize sales
and use tax collection and administration); amends and adds definitions
in Use Tax Act and General Sales Tax Act; eliminates certain exemptions;
and adds provisions relating to bad debt deductions and sourcing of
sales (HB 5502-5505; eff. 7/1/04, 9/1/04)PA 167
Criminal procedure--permits accused person to post bail by surety
bond in amount equal to one-fourth of the full bail amount set by
the court if court set bail and allows posting of a 10% deposit bond;
bond would have to be executed by a court-approved surety; also deletes
requirement that bail amount be uniform whether bail bond is executed
by person for whom bail has been set or by a surety
(SB 151; eff. 6/24/04)
-
PA 164
Taxation--increases tax on tobacco products (HB 5632; eff. 6/24/02)
-
PA 159
Probate--repeals Revised Uniform Principal and Income Act and enacts
Uniform Principal and Income Act to prescribe manner in which receipts
and expenditures of trusts and estates are credited and charged between
income and principal, and prescribes manner in which income is to
be apportioned among beneficiaries at the beginning and on termination
of a trust or estate (HB 5307; eff. 9/1/04
-
PA 156,
157
Crimes--prohibits installing or using in any private place without
consent any device for observing, recording, transmitting, photographing,
or eavesdropping on the sounds or events in that place, and also prohibits
distributing a recording, photograph, or visual image the person knows
or has reason to know was obtained in violation of this section (HB
5692, 54693; eff. 9/1/04)
-
PA 155,
157
Crimes--prohibits surveilling and photographing another individual
who is clad in undergarments or is unclad in circumstances in which
that person has a reasonable expectation of privacy and prohibits
the distribution of any recording, photograph, or visual image made
of that individual (SB 918, HB 5693; eff. 9/1/04)
-
PA 154
Crimes--defines "false pretense" and revises prohibition
against taking certain actions by false pretense (SB 1009; eff. 9/1/04)
-
PA 136
Judgments--adds judgment lien chapter to Revised Judicature Act that,
among other things, provides for creation and expiration of judgment
lien on real property (HB 5381; eff. 9/1/04)
-
PA 126
Single business tax--provides for tax credits for qualified start-up
businesses (HB 5331; eff. 5/28/04)
-
PA 116
Probation--permits court to order completion of high school education
or its equivalent as condition of probation (HB 4434; eff 5/26/04)
-
PA 114
Environmental law--extends sunset period for payment of baseline environmental
assessment fee until June 5, 2005 (SB 653; eff. 5/21/04)
-
PA 111,
112
Crimes-prohibits hazing by a person who attends, is employed by, or
is a volunteer of an educational institution (SB 783; eff. 8/18/04)
-
PA 106
Real property-leases--shortens notice to quit period for unlawful
manufacture, delivery, or possession of controlled substances from
7 days to 24 hours (HB 5197; eff. 9/1/04)
-
PA 105
Real property-summary evictionBshortens eviction notice period for
unlawful manufacture, delivery, or possession of controlled substances
from 7 days to 24 hours, requires the action to be heard at the time
of the defendant's appearance or trial date, prohibits the action
from being adjourned beyond that time except for extraordinary reasons,
and requires a writ of restitution to be issued immediately after
entry of a judgment for possession of the premises (HB 5182; eff.
9/1/04)
- PA 104
Crimes-false report of crimeBadds intentionally causing a false report
of commission of crime and false reports or threats of explosives, including
poisoning, and changes persons to whom prohibition against making false
report applies to a peace officer, police agency of this state or of
a local unit of government, 9-1-1 operator, or any other governmental
employee or contractor or employee of a contractor who is authorized
to receive reports of a crime (HB 5026; eff. 7/1/04)
- PA 102
Juvenile procedure--provides that juvenile ordered to pay minimum state
cost as condition of probation or supervision and who is not in willful
default may petition court at any time for remission of payment of any
unpaid portion, and court may remit all or part of the minimum state
cost if it determines that payment will impose a manifest hardship on
juvenile or his or her immediate family (HB 5648; eff. 5/13/04)
-
PA 93
Powers of attorney--provides that if a parent or guardian is serving
in the armed forces and has been deployed to a foreign nation, and
the power of attorney so provides, a delegation is effective until
the 31st day after the end of the deployment (HB 5466; eff. 5/7/04)
-
PA 92
Election Law--amended to, among other things, permit provisional ballots,
to provide for an expedited canvas if the unofficial results in a
US Presidential election has a vote differential of less than 25,000
votes, and to repeal certain provisions dealing with cancellation
of registration (SB 432; eff. 4/26/04)
-
PA 91
Environmental protection--provides for application and annual fees
for waste water discharge permits (SB 252; eff. 4/22/04)
-
PA 90
Environmental protection--requires an application fee and an annual
groundwater discharge permit fee for facilities that discharge waste
water into the ground or groundwater (SB 560; eff. 4/22/04)
-
PA 87
Civil procedure--amends tolling provision for statute of limitations
to provide that the statute is tolled at the time a complaint is filed
if the summons and complaint are served on the defendant within the
time set forth in the supreme court rules, and deletes provision that
tolled the statute of limitations at the time the complaint was filed
and a copy of the summons and complaint in good faith were placed
in the hands of an officer for immediate service, for up to 90 days
after the officer received the summons and complaint (SB 990; eff.
4/22/04)
-
PA 74
Homes for the Aged--provides for waiver of prohibition on admission
of persons under 60 if the home is capable of meeting all of the individual's
medical, social, and other needs as determined in the individual's
plan of service; the individual will be compatible with the other
residents of that home; (c) placement in that home is in the best
interests of the individual (SB 635; eff. 4/21/04)
-
PA 68
Adoption--eliminates requirement that prospective adoptive parent
be a Michigan resident; adds requirements that prospective adoptive
parent have a preplacement assessment completed within one year before
the date of transfer with a finding that prospective adoptive parent
is suitable to be a parent of an adoptee and, among other things,
that the prospective parent submits to jurisdiction in Michigan (SB
702; eff. 4/20/04)
-
PA 63
Liquor Code--amends provision prohibiting minors from purchasing,
consuming, or possessing alcohol to include having "any bodily
alcohol content"; includes jail time in the penalties for a second
or subsequent conviction or juvenile adjudication if the minor had
violated an order of probation for that offense; and permits a first-time
offender who pleads guilty to serve a probationary term and to have
the charges dismissed without adjudication of guilt after fulfilling
the conditions of probation (SB 637; eff. 9/1/04)
-
PA 59
Adult foster care facilities-prohibits employing or hiring as independent
contractor persons convicted of certain crimes; requires individuals
applying for employment with such facilities to give written consent
for criminal history check (HB 5184; eff. 8/1/04)
-
PA 58
Crimes-amends felony murder provision to include vulnerable adult
abuse (HB 5104; eff. 6/11/04)
-
PA 52
Vehicle Code–eliminates fines for failure to produce evidence
that motor vehicle is insured on request of police officer if, before
appearance date, person submits proof of insurance, and provides for
refunds of fines paid if person submits to court a certificate of
insurance in effect at time of violation (HB 4308; eff. 5/1/04)
-
PA 51
Education–requires Superintendent of Public Instruction to suspend
a teacher’s certificate, if public safety, health, or welfare
require emergency action, if the teacher is convicted of crime that
is a ground for suspension, including convictions before the effective
date of the amendments; the superintendent may not reinstate a teacher
unless there is a finding that the person is currently fit to serve
in an elementary or secondary school (HB 5476; eff. 4/1/04)
-
PA 47,
48 Medical Records Access Act–provides, among other things,
that a patient or his or her patient representative has the right
to obtain the patient’s medical records, that a health care
provider or facility may not inquire as to the purpose for the request,
establishes maximum fees for copies of records, and provides sanctions
for violations (HB 4706, 4755; eff. 4/1/04)
-
PA 46
Public Safety Officers Benefit Act–provides compensation to
dependents of public safety officers who are killed or permanently
and totally disabled in line of duty (HB 4178; eff. retroactive to
10/1/03)
-
PA 34,
35,
36,
37,
38,
39,
40,
41,
42,
43,
44
Environment--solid waste; requires inspection of solid waste imported
from Canada and revises other restrictions and regulations relating
to solid waste (SB 498, 497, 57, 502, 506, 557, HB 5234, SB 500, HB
5235, SB 499, 715; eff. 3/29/04)
-
PA 32
Criminal procedure--prohibits release on bail of person convicted
of criminal sexual conduct on minor pending sentencing or appeal (HB
5199; eff. 6/30/04)
-
PA 31
Landlord-tenant--increases amounts court may order as taxable costs
in summary proceedings (HB 4871; eff. 7/1/04)
-
PA 24
Schools--requires 48 hour notice of application of pesticide in a
school or day care (HB 5154; eff. 3/10/04)
-
PA 21
Cemeteries--extends protections of Prepaid Funeral Act to cemetery
services and merchandise and retitles act as Prepaid Funeral and Cemetery
Sales Act (SB 512; eff. 1/1/05)
-
PA 20
Criminal procedure--preliminary examination--permits expert witness
testimony on motion of either party, or any witness on showing of
good cause, by telephone, voice, or video conferencing (SB 681; eff.
3/4/04)
-
PA 12
Revised Judicature Act--revises various provisions relating to jury
selection (HB 5129; eff. June 1, 2004)
-
PA 7,
8
Health insurance--prohibits insurers or a health care corporation
from requiring physicians to transfer patients before determining
that the patient has stabilized (HB 4965, 4966; eff. 2/20/04)
-
PA 1,
2
Criminal law--revises provisions regarding use or alteration of telecommunications
access device with the intent to defraud (HB 4802, 4916; eff. 2/12/04)
