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Michigan Legislative Spotlight

Selected Michigan legislation through PA 340. Latest PAs received on January 4, 2006.
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 2004 Archive

Legislative spotlight updates

• PA 337 Medicaid False Claims Act--amended to, among other things, allow any person to bring civil action in name of the State to recover State’s losses from a violation of the Act; prohibit such a suit from being dismissed unless Attorney General has been notified and given an opportunity to appear and oppose dismissal; allows Attorney General to intervene in action filed by someone else, and requires that complaint be sealed and service on defendant be withheld until time for Attorney General to intervene expired; and prohibits employers from penalizing employees who initiated, assisted, or participated in proceedings or court actions under the Act or who cooperated with or assisted in an investigation under the Act, unless court finds employee had brought a frivolous claim, court finds employee had planned, initiated, or participated in the conduct upon which an action was brought, or the employee was convicted of criminal conduct arising from violation of the Act (HB 4577; eff. 1/3/06)

• PA 335, 336 Crimes--specifies that person who inflicts great bodily injury or severe mental pain or suffering upon another person within his or her custody or physical control, with intent to cause cruel or extreme physical or mental pain and suffering, is guilty of torture, which is a felony punishable by imprisonment for life or any term of years; conviction or sentence does not preclude a conviction or sentence for a violation of any other law arising from same transaction (HB 5268, 5269; eff. 3/1/06)

• PA 328 Child Custody Act—amended to specify that if motion for change of child’s custody were filed during time a parent was in “active military duty”, court may not enter order modifying or amending previous judgment or order, or issue new order, that changes child’s placement that existed on date the parent was called to active military duty, although court can enter temporary custody order if there is clear and convincing evidence that it was in the best interest of the child; on a parent’s return from active military duty, court may not consider parent’s absence due to that military duty in a best interest of the child determination (HB 5100; eff. 12/28/05)

• PA 326 Revised Judicature Act—amended to, among other things, allow plan of concurrent jurisdiction to provide that probate judges in certain counties have jurisdiction, powers, and duties of district judges; allow destruction of civil infraction records three years, rather than six years, after entry of finding in an action; provide for rounding of probate court estate administration fees; and authorizes Department of Natural Resources conservation officers to serve civil process in any district court action to which the State is a party (HB 5145; eff. 1/1/06)

• PA 322 Sex Offender Registration Act—revises provisions pertaining to second or subsequent offense of working, loitering, or residing within student safety zone by providing that penalty for second or subsequent offense applies to a person who had one or more prior convictions, while penalty under prior law applied for a second or subsequent violation (HB 5397; eff. 1/1/06)

• PA 321 Emergency Management Act—includes pharmacists, pharmacist
  interns, and medical residents in provisions granting immunity to and expanding scope of practice of certain health professionals who render services during state of disaster declared by the Governor (HB 4508; eff. 12/27/05)

• PA 320 Liquor Control Code—amended to prohibit person from using or
  offering for use, possessing, selling, or offering for sale an alcohol vapor device; violations are misdemeanors punishable in manner provided for in the Code (HB 5067; eff. 12/27/05)

• PA 319 Motor Vehicle Sales Finance Act—amended to specify that seller in installment sale transaction may pay on behalf of the buyer, and agree to finance in the installment sale contract, all or part of the balance of any indebtedness secured by motor vehicle that seller took in trade in installment sale transaction, or all or any part of balance owed under lease of motor vehicle that was terminated in connection with installment sale transaction (HB 5353; eff. 12/27/05)

• PA 318 Governmental Immunity Act—amended to extend governmental immunity to care or treatment provided by an uncompensated “search and rescue operation medical assistant” (HB 5054; eff. 12/27/05)

• PA 317 Vehicle Code—amended to include violations of other states’ drunk driving laws in provisions that prohibit Secretary of State (SOS) from issuing or transferring vehicle registration, and prohibit person whose license has been suspended, revoked, or denied from purchasing a motor vehicle, due to multiple offenses involving drunk driving or driving without a license; also requires vehicle owner to indorse assignment of title as required by the SOS, rather than on the back of the certificate (HB 5200; eff. 12/27/05)

• PA 316 Criminal procedure--provides that if defendant enters plea of guilty or no contest, or if court determines after hearing or trial that defendant was guilty, at time of sentencing, deferred entry of judgment of guilt pursuant to statute, or delayed sentencing pursuant to statute, court must impose minimum State costs and may impose any fine, any cost in addition to minimum State cost, expenses of providing legal assistance to defendant, any assessment authorized by law, and/or any statutory reimbursement; also allows court to require those costs, fines, or assessments to be paid by wage assignment or collected at any time (HB 5023; eff. 1/1/06)

• PA 315 Crime victims assessment—revises requirement that convicted people pay crime victim’s rights assessment by extending requirement to people whose criminal charges were resolved in a way other than conviction (except acquittal or unconditional dismissal) (HB 4798; eff. 1/1/06)

• PA 312 Environment--eliminates December 31, 2005, sunset on requirement that Department of Environmental Quality, in conjunction with Department of Natural Resources, prepare biennial report that assesses status of and trends related to overall state of the natural environment in Michigan (HB 5480; eff. 12/27/05)

• PA 311 Law Enforcement Information Network (LEIN)--prohibits person from gaining access to, using, or disclosing nonpublic information for personal use or gain (replacing current prohibition against disclosing LEIN information to private entity for any purpose) and applies criminal penalties only to intentional violations; prohibits disclosure of Automated Fingerprint Identification System (AFIS) and other criminal justice system information (as well as LEIN information) in an unauthorized manner; and allows Attorney General, a prosecuting attorney, or the court to disclose to defendant or defense counsel information pertaining to that defendant that was obtained from LEIN (HB 5277; eff. 2/1/06)

• PA 310 Fingerprinting--specifies that all criminal history information that is associated with State identification number and was supported by fingerprint impressions or images must be disseminated in response to fingerprint-based or name-based search of criminal history record database, but does not require dissemination of criminal history information that is nonpublic or is prohibited by law from being disseminated (HB 5276; eff. 2/1/06)

• PA 306 Health maintenance organizations—amends Insurance Code by deleting requirement that copayments for basic health services provided under an HMO contract be nominal and requires Commissioner of the Office of Financial and Insurance Services to make annual determination as to whether greater copayment and coinsurance levels have increased number of employers who have contracted for HMO services and the number of HMO enrollees (SB 88; eff. 12/21/05)

• PA 304, 305 Crimes--prohibits person, intentionally or without authority or permission, from entering or remaining in or upon premises or structure belonging to another that is a “key facility”, if the key facility is completely enclosed by a physical barrier of any kind including a significant water barrier that prevents pedestrian access; also requires facility to be conspicuously posted against entry (SB 685, 686; eff. 4/1/06)

• PA 303 Crimes--exempts peace officer performing his or her duties from various prohibitions against intentionally pointing or aiming firearm without malice, including violations in which firearm is discharged and a person is injured or killed; also increases from 90 days to 93 days maximum term of imprisonment for intentionally pointing or aiming firearm without malice (HB 5270; eff. 12/21/05)

• PA 301 Sex Offenders Registration Act (SORA)—amended to include aggravated indecent exposure in SORA’s definition of “listed offense” if offender has previously been convicted of indecent exposure or aggravated indecent exposure (HB 4598; eff. 2/1/06)

• PA 300, 302 Crimes—provides enhanced criminal penalty for indecent exposure if violator fondled himself or herself while committing the violation (aggravated indecent exposure) (HB 4597, 4599; eff. 2/1/06)

• PA 298 Michigan Children’s Protection Registry Act—amended to require person who desires to send e-mail message prohibited under the Act to obtain prior consent to receive the message from an age-verified adult and all messages allowed under must include notice to recipient that he or she may rescind consent and provide an opportunity for recipient to opt out of receiving any future messages (SB 785; eff. 12/21/05)

• PA 296 Single Business Tax Act--amended to extend for four years a provision allowing "spun off" corporation to exclude sales made to its immediately preceding former parent corporation when calculating its sales factor used in apportioning its business activities to Michigan (SB 203; eff. 12/20/05)

• PA 295 Single Business Tax Act--amended to provide that, for tax years beginning
  after December 31, 2006, all of tax base, other than tax base derived principally
  from transportation, financial, or insurance carrier services or specifically allocated must
  be apportioned to Michigan by multiplying tax base by the sales factor (SB 634; eff. 12/20/05)

• PA 293, 294 Single Business Tax Act--amended to provide taxpayers that transfer jobs into Michigan with credit against SBT equal to 100 percent of taxes on personal property used in performing the transferred jobs; credit would only be available for taxes paid in the first year related to the transferred jobs, and could only be claimed for taxes paid in the 2007-2009 tax years (SB 910; HB 5459; eff. 12/20/05)

• PA 289, 290, 291, 292 Single Business Tax Act--amended to establish refundable credit against SBT equal to 15 percent of amount of personal property taxes paid under General Property Tax Act; credit would be available for tax years that begin on or after January 1, 2006, and before January 1, 2010 (HB 5459; SB 909; HB 5461; HB 5460; eff. 12/20/05)

• PA 288 Liquor Control Code--amended to provide that Liquor Control Commission may, by rule or order, allow specially designated distributor (licensed by Commission to sell packaged liquor for off-premises consumption) to sell alcoholic liquor at less than minimum retail selling price to dispose of inventory at price and under conditions and procedures established through that rule or order (SB 456; eff. 12/19/05)

• PA 286 City and Village Zoning Act--amended to provide that notice of proposed
  rezoning and hearing must include list of all existing street addresses within
  property proposed for rezoning (SB 254; eff. 12/19/05)

• PA 285 County Zoning Act--amended to require that notice of county zoning
  commission’s public hearing on recommended zoning ordinance amendment be mailed to
  all owners of property within affected area and that notice include listing of each
  street address within affected area (SB 253; eff 12/19/05)

• PA 284 Township Zoning Act--amended to require that notice of proposed rezoning
  include listing of all existing addresses within property proposed for rezoning (SB 252; eff. 12/19/05)

• PA 283 Agriculture--amends Michigan Agricultural Processing Act to require Michigan Department of Agriculture (MDA) to make finding as to whether processing operation is in compliance with the Act based on an assessment by Department of Environmental Quality (DEQ) of operation’s compliance with the Natural Resources and Environmental Protection Act and an assessment by MDA of the operation’s compliance with Federal good manufacturing practices adopted under the Food Law; requires each Department to conduct an inspection within 10 working days of receiving a complaint; prohibits court from proceeding with action for nuisance brought against processing operation unless complainant exhausted all administrative remedies, which would occur if a person were granted determination by MDA Director (SB 669; eff. 12/19/05)

• PA 282 Agriculture--amends Michigan Agricultural Processing Act to provide that,
  until Agriculture Commission establishes generally accepted processing practices, a
  processing operation may not be found to be a nuisance in court if Director of Michigan Department of Agriculture (MDA) determines that the operation is in compliance with the Act; also specifies that this determination, or a determination that a processing operation existed before a change in use or occupancy of land within one mile of its boundaries, creates a rebuttable
  presumption that the operation was operating under generally accepted practices or was not
  a nuisance (SB 668; eff. 12/19/05)

• PA 280 Corridor Improvement Authority Act--allows municipality to establish corridor improvement
  authority if it determined that one was necessary to redevelop its commercial corridors
  and to promote economic growth; requires, among other things, establishment of development area in the municipality, and requires development area to meet specific criteria (SB 34; eff. 12/19/05)

• PA 270 Wrongful death--amends Revised Judicature Act to allow wrongful death action to
  be based on death of an embryo or fetus caused by a person who committed a wrongful
  or negligent act against a pregnant woman; also requires that wrongful death action be brought by personal representative of the deceased, rather than deceased “person” (HB 4777; eff. 12/19/05)

• PA 269 Liquor Control Code--prohibits direct shipment of wine for personal consumption in this state by retailer and bans wine maker or small wine maker from directly shipping wine to any person in the state for personal consumption or for any noncommercial purpose (HB 4959; eff. 12/16/05)

• PA 268 Wine--allows direct shipment of wine to retail customers and provides for regulation of certain direct shippers (SB 625; eff. 12/16/05)

• PA 266 Contracts--allows person who is unable to write to use a fingerprint when a written signature is required by law (HB 4258; eff. 12/16/05)

• PA 263 Vehicle Protection Product Act-enacted to prohibit person from selling warranted product unless seller, warrantor, and any administrator complied with the Act; “warranted product” means vehicle protection product covered by written Warranty and “vehicle protection product” is device, system, or service installed on or applied to vehicle and designed to prevent loss or damage, other than one installed or applied by vehicle’s manufacturer at assembly facility; also requires warrantor to file notice with Department of Labor and Economic Growth (DLEG) that contains identifying and warranty information; allows DLEG to charge each warrantor reasonable fee of up to $250 per year; requires warranted products to have an insurance policy guaranteeing warrantor’s obligations to warranty holder; specifies warranty requirements and warrantor’s responsibilities and prohibited activities; and authorizes Attorney General to enforce the Act (HB 5026; eff 6/14/2006)

• PA 245 Crimes-sexually explicit material-provides that exception to prohibition regarding dissemination by a parent or guardian to his or her child or ward does not apply if dissemination was for sexual gratification of the parent or guardian (SB 308; eff. 2/1/06)

• PA 244 Deferred Presentment Service Transactions Act--enacted to, among other things, prohibit person from engaging in business of providing deferred presentment services after December 31, 2006, without license from Commissioner of Office of Financial and Insurance Services (OFIS); prohibit providers of deferred presentment service transactions from having more than one transaction open with a customer at one time, or from providing service to customer with open transactions at more than one other provider; limit deferred presentment service agreement to maximum of $600 and 31 days; and allow licensee to charge service fee of between 11% and 15%, depending on amount of transaction (HB 4834; eff. 11/28/05)

• PA 242 Concealed weapons--amended to prohibit issuance of license to purchase, carry, or transport pistol or to carry concealed pistol unless issuing agency has determined through Federal National Instant Criminal Background Check System that license applicant is not prohibited under federal law from possessing or transporting a firearm and, if the applicant is not a U.S. citizen, issuing agency has verified through U.S. Immigration and Customs Enforcement databases that applicant is not an illegal alien or nonimmigrant alien (HB 4978; eff. 11/22/05)

• PA 241 Environmental protection--amends Part 31 (Water Resources Protection) of the Natural Resources and Environmental Protection Act to provide that a municipality is not be responsible for or subject to remedies provided in Section 3115 of the Act for unauthorized discharges from sewerage system that was permitted under Part 31 and owned by a party other than the municipality, unless the municipality had accepted responsibility for the system in writing and, with respect to the civil fine and penalty under Section 3115, had been notified in writing by Department of Environmental Quality (DEQ) of its responsibility for the system (HB 4860; eff. 11/22/05)

• PA 235 Michigan Telecommunications Act--delays Act’s sunset from December 31, 2005, to December 31, 2009; defines “primary basic local exchange service” and, among other things, requires licensed providers to offer primary basic local exchange service to each residential customer within service area where provider iss offering residential basic local exchange service (HB 5237; eff. 11/22/05)

• PA 234 Income Tax Act--allows taxpayer who has tax voucher certificate approved under Michigan Early Stage Venture Investment Act to use it to pay an income tax liability (HB 5216; eff. 11/21/05)

• PA 233 Single Business Tax--allows taxpayer who has tax voucher certificate approved under Michigan Early Stage Venture Investment Act to use it to pay single business tax liability (HB 5215; eff. 11/21/05)

• PA 226 Tobacco settlement--creates Michigan Tobacco Settlement Finance Authority, which can issue bonds that are special revenue obligations secured by pledge of tobacco settlement proceeds (HB 5048; eff. 11/21/05)

• PA 217-220 Business--require Director of Department of Labor and Economic Growth (DLEG) to establish, by December 31, 2006, procedure for accepting delivery of documents submitted under Business Corporation, Limited Liability Company, Nonprofit Corporation, and Revised Uniform Limited Partnership Acts by electronic transmission; provide that beginning January 1, 2007, a person may file document under those statutes by electronic mail or over Internet; and require administrator to charge specified nonrefundable fees if person requests expedited filing of a document (SB 664-667; eff. 1/1/06)

• PA 214 Income Tax Act--creates new deduction equal to all or portion of gain realized from initial equity investment of at least $100,000, if initial investment plus the gain, or a portion of it, were reinvested in equity investment in qualified seed or early stage business within one year after initial gain was realized; this deduction may be claimed for tax years beginning on or after January 1, 2007, and initial equity investment must be made before December 31, 2009 (SB 521; eff. 11/21/05)

• PA 213 Michigan Strategic Fund--requires Fund to create Michigan Life Sciences Pipeline to promote development of businesses providing goods and services related to development and commercialization in life sciences (SB 359; eff 11/21/05)

• PA 212 Business Corporation Act--amended to reduce fees charged under Act for initial organization, admission fees, and organization fees for both domestic and foreign corporations increasing number of originally authorized shares (SB 298; eff. 1/1/06)

• PA 210 Commercial rehabilitation act--enacted to allow city, village, or township, by resolution, to establish commercial rehabilitation district consisting of a “qualified facility”, unless the county containing the district disapproves it (HB 4369; eff. 11/17/05)

• PA 205, 207 Crimes--amends Michigan Amber Alert Act to prohibit a person from intentionally
  making false report of abduction of a child, or intentionally causing a false report of a child abduction to be made, to peace officer, State or local police agency, 9-1-1 operator, or any other governmental employee or contractor who was authorized to receive the
  report, knowing the report to be false (SB 74, 134; eff. 2/1/06)

• PA 204 Estates and Protected Individuals Code-amended to, among other things: revise definition of “estate” to include rights to collect from others amounts necessary to pay claims, allowances, and taxes; provide that a disclaimer of a power of appointment takes effect as of the time the instrument creating the power became effective, if the donee has not exercised the power, or immediately after the last exercise of the power, if the donee has exercised the power; revise provisions granting a personal representative, conservator, and trustee the power to employ an attorney; specify when appointment of guardian would take effect if the testator making the nomination were not deceased; and specify that spouse’s intestate share reduces amount available to him or her as an elective share (HB 4968; eff. 11/10/05)

• PA 201 Service of process--deletes ban on serving or executing civil process on Sunday and provides that civil process may not be served or executed on a person attending a religious worship meeting, on property where the meeting normally was held, or while en route to or from that meeting within 500 feet of that property, although judge may order service or execution of process notwithstanding this provision if, to the judge’s satisfaction, sufficient cause is shown by affidavit (HB 4133; eff. 11/10/05)

• PA 186 Michigan Code of Military Justice--makes Code applicable to all members of the State military forces, when not in Federal service, from the date of their terms of call, order, or other directive, and, among other things, allows local law enforcement officer to apprehend person subject to the Code (HB 4638; eff. 10.27/05)

• PA 184 Crime Victim's Act--makes various amendments, including requiring rather than allowing a court to order restitution under certain circumstances (HB 4588; eff. 1/1/06)

• PA 183 General Property Tax--deletes provision that repeals General Property Tax Act Section 135 (MCL 211.135), which lists certificates that register of deeds must require with any instrument conveying title to property that is presented to register of deeds for recording or filing, and repeals other restored sections of the Act relating to tax reversion process effective 12/31/06 (SB 501; eff 10/20/05)

• PA 177, 178, 179 Motor Carrier Safety Act, Motor Bus Transportation Act, and Vehicle Code--amended to bring state into compliance with federal regulations (HB 4852, 4857, 4858; eff 10/20/05)

• PA 170, 171 Crimes--prohibits impersonating firefighter or emergency medical service provider (HB 4865, 4866; eff 1/1/06)

• PA 167, 168 Crimes--amends Michigan Penal Code to establish criminal penalty of up to life in prison for delivery of Schedule 1 or 2 controlled substance that causes death of a person who consumed the substance (HB 4673, SB 423; eff. 1/1/06)

• PA 164, 165 Real property--amend Michigan Renaissance Zone Act and General Property Tax Act to exempt owner of residential rental property located in renaissance zone from having to file affidavit that property is in substantial compliance with all applicable State and local zoning, building, and housing laws, if property was in compliance on December 31 of immediately preceding tax year; exemption would apply beginning December 31, 2004 (HB 4916, 4917; eff. 10/6/05)

• PA 163 Real property--amends Sale Disclosure Act to require seller’s disclosure statement to include statement that property inspections should take into account indoor air and water quality, as well as evidence of unusually high levels of potential allergens; seller’s disclosure statement form that was printed before January 1, 2006, may be used and will be considered in compliance with the Act until April 1, 2006 (SB 370; eff. 1/1/2006)

• PA 162 Mobile homes--amends Mobile Home Commission Act to provide that act's provisions added effective July 14, 2003, regarding cancellation of certificates of title to mobile homes affixed to real property and that allowed homes to be conveyed only as part of the real property apply to all transactions, liens, and mortgages related to mobile homes affixed to real property, including those that were entered into or created before July 14, 2003 (HB 4484; eff. 10/4/05)PA 138 Schools--requires that when district, local act school district, ISD, or the governing body of public school academy (PSA) or nonpublic school makes any offer of full-time or part-time employment or when school officials learn that individual is being assigned to work regularly and continuously under contract in any of its schools, school must request criminal history check on the individual from criminal records division of Department of State Police and through the FBI; before employing the individual as a regular employee, school must have received the crimnal records report; in addition, board of a school district, ISD, PSA, or nonpublic school must ensure that name-based criminal history check is performed on each employee and each person who is assigned to work regularly and continuously in any of its schools (SB 601; eff 1/1/06)

• PA 151 Revised Judicature Act--delays sunsets on certain court of appeals and district court fee increases and directs portion of court fees to drug treatment courts or substance abuse programs (SB 470; eff. 9/30/05)

• PA 144 Schools-requires school year to begin after Labor Day (HB 4803; eff. 9/29/05)

• PA 143 Secretary of State-makes provision for participation of state ID cardholders in Organ, Tissue, and Eye Donor Registry and requires Secretary of State, in conjunction with application for State ID card, to give applicant information explaining right to make anatomical gifts and describing the Registry and the opportunity to have his or her name placed on the Registry (SB 301; eff. 9/29/05)

• PA 142 Vehicle Code-requires custodian of vehicle removed from private property at direction of person other than police agency or vehicle’s registered owner to notify police agency and requires police agency to determine if vehicle has been reported stolen and enter vehicle into Law Enforcement Information Network; allows vehicle’s owner to obtain vehicle’s release by paying accrued towing and storage fees and provides that vehicle is deemed abandoned if owner does not claim it within seven days after it was taken into custody; requires Secretary of State, in conjunction with application for driver’s license, to give applicant information explaining right to make anatomical gift and describing Organ, Tissue, and Eye Donor Registry and opportunity to have his or her name placed on Registry; and includes violations that occurred in another country in provision preventing issuance of driver’s license for previous moving violations (HB 4470; eff. 9/29/05)

• PA 141 Vehicle Code-provides for placing heart insignia on front of Michigan driver licenses for residents who choose to participate in Organ and Tissue Donor Registry, and requires, beginning January 1, 2007, that Secretary of State inquire of each driver licensee (in person or by mail) whether licensee agreed to participate in the Organ, Tissue, and Eye Donor Registry (HB 4082; eff. 9/29/05)

• PA 140 Public Health Code-provides that, beginning January 1, 2007, driver’s license or State ID with heart insignia on front constitutes a document of anatomical gift, also specifies that anatomical gift made according to will or document of gift is irrevocable regardless of desires of deceased’s next of kin (HB 4469; eff 9/29/05)

• PA 136 Teachers--specifies that rights of a teacher on continuing tenure under Article IV of the Teachers' Tenure Act are subject to Section 1230d of the Revised School Code (passed as PA 131) and Section 1535a of the Code (which PA 130 amends) (HB 4991; eff 1/1/06)

• PA 133 Child Care Licensing Act--amends act to require child care/day care centers to perform criminal history background checks on current employees and before making an offer of employment to an individual and forbidding centers from employing persons convicted of listed offenses; also provides for reporting requirements for employees of child care/day care centers and prescribes criminal penalties for failure to report; in addition, Department of Human Services must conduct criminal background check on applicants for child care/day care center licensure (HB 4936; eff 1/1/06)

• PA 132 Crimes--amends Sex Offenders Registration Act (SORA) to prescribe penalties for subsequent offenses of failure to comply with SORA's reporting requirements (HB 4934; eff 1/1/06)

• PA 131 Schools--amends Revised School Code to require person who is employed in any capacity by a school district, intermediate school district, public school academy, or nonpublic school, or who applied for a position (and had an initial criminal history check), or who regularly worked under a contract in a school district, to report to Department of Education and school district in event of being charged with certain crimes or a substantially similar law in another state, a political subdivision of this state, another state, or the United States (HB 4930; eff 1/1/06)

• PA 130 Schools--amends Revised School Code to revise notice procedures for teachers and other state board approved school personnel being convicted of certain offenses, and to provide for escrow of their salaries during trial proceedings and forfeiture of their earnings upon conviction; also provides that person convicted of listed offense under Sex Offenders Registration Act is not entitled to request a hearing on reinstatement, and state superintendent is prohibited from reinstating person's teaching certificate or state board approval (HB 4928; eff 1/1/06)

• PA 129 Schools--amends Revised School Code to require background check for any individual seeking full-time or part-time employment, or when school officials learn that an individual is being assigned to regularly and continuously work under contract in any of their schools (HB 4402; 1/1/06)

• PA 127 Crimes--amends Sex Offenders Registration Act (SORA) to prohibit certain individuals required to be registered under SORA from living, working, or loitering within 1,000 feet of school property, subject to certain exceptions (HB 4932; eff 1/1/06)

• PA 126 Criminal procedure--amends Code of Criminal Procedure to allow sentencing court to place individual convicted of offense requiring registration under Sex Offenders Registration Act on probation for minimum of five years, and requires court to order such an individual not to reside, work, or loiter within an area within 1,000 feet of school property (SB 129; eff 1/1/06)

• PA 124 Teachers--amends Teachers' Tenure Act to specify that rights of teacher on continuing tenure are subject to Section 1230d of the Revised School Code (which requires school employees to report certain criminal charges and convictions) and Section 1535a of the Code (which provides for suspension of teaching certificate for certain crimes) (SB 609; eff 1/1/06)

• PA 123 Crimes--amends Sex Offenders Registartion Act to prescribe penalties for subsequent offenses of failure to comply with act's requirements for continued reporting. (SB 606; eff 1/1/06)

• PA 121 Crimes--provides that person required to be registered under Sex Offenders Registration Act can not reside, work, or loiter within an area that lies 1,000 feet or less from school property, subject to certain exceptions (SB 617; eff 1/1/06)

• PA 114 General Property Tax--increases maximum household income of taxpayer 62 years old or older who may defer collection of summer property taxes from $25,000 to $35,000 for taxes levied in 2005, to $37,500 for taxes levied in 2006, and to $40,000 for taxes levied after 2006 (SB 348; eff. 9/22/05)

• PA 108 Crimes--extends prohibition on disseminating, exhibiting, or displaying sexually explicit matter to minors to video games that depict sexually explicit material (SB 463; eff. 12/1/05)

• PA 107 Crimes--prohibits sale or rental of ultra-violent video games to minors (SB 416; eff. 12/1/05)

• PA 106 Criminal procedure--adds an individual with whom a victim currently has or previously had a “dating relationship” in provisions relating to arrests in domestic violence situations; also revises certain sentencing guidelines provisions (SB 170; eff. 9/14/05)

• PA 105 Retail sales--requires video game retailer to post in a
  prominent area within retail establishment a sign that provides information about a
  rating system or notifies consumers that a rating system is available to aid in
  selection of a game; retailer also has to make available to consumers, on
  request, information explaining the video game rating system; a video game retailer who
  violates the statute is responsible for a state civil infraction and may be ordered to pay
  a civil fine of up to $1,000 (HB 4703; eff. 12/1/05)

• PA 104 Crimes--extends prohibition on disseminating, exhibiting, or
  displaying sexually explicit matter to minors to video games that
  depict sexually explicit material (HB 4702; eff 12/1/05).

• PA 70 On-Line Continuing Education Act--provides that an occupational regulatory agency requiring a program of continuing education as part of a program of continuing professional competency for renewal of a license is required, to the extent practicable, to allow at least half of the required credit hours of continuing education to be earned through on-line or electronic media meeting standards acceptable to the regulatory agency; this would apply except as otherwise provided in a specific act, or as otherwise required by a rule promulgated before the bill’s effective date, concerning a regulated occupation (SB 167, eff. 7/1/2007)

• PA 58 Extends the Public Service Commission’s rulemaking authority under Section 213 of the Michigan Telecommunications Act, due to be repealed eff. 7/1/05, by eliminating that repeal provision. (SB 551; eff. 6/30/05)

• PA 57 Amends the air pollution provisions of NREPA to establish a start date for emissions offsets eligible to be applied to a permit for a process or equipment that might emit an air contaminant. (SB 73; eff. 6/30/05)

• PA 56 Exempts residential property owners engaged in, e.g., gardening and seawall maintenance, from the permit requirements of Part 91 of NREPA. Tie-barred to PA 55. (SB 282; eff. 6/30/05)

• PA 55 Amends NREPA to add definitions of “gardening” and “seawall”; tie-barred to PA 56. (HB 4444; eff. 6/30/05)

  PA 52 Natural resources; nonnative species. Establishes penalties related to violating quarantines and provisions related to plant infestations and plant diseases. (HB 4560, 4562, 4567; eff. 6/27/05)

• PA 51 Agriculture; diseases and pests. Provides the Department of Agriculture with the authority to issue state civil infractions. (HB 4613; eff. 6/27/05)

• PA 50 Construction; safety. Amends the Stille-DeRossett-Hale Single State Construction Code Act to specify that the act does not prohibit the sharing of an elevator between two buildings as long as the buildings are otherwise in compliance with the act and the state construction code, and are also in compliance with state acts or rules regulating elevators in buildings. (HB 4551; eff. 6/23/05)

• PA 44 Damages for theft or stolen property--allows recovery of three times the amount of actual damages, plus costs and reasonable attorney fees, for another person’s theft of property; adds possessing and concealing to a provision that allows treble damages for another person’s buying, receiving, or aiding in the concealment of stolen property (HB 4356; eff. 6/16/05)

• PA 42 Environmental law--extends sunset period to June 5, 2007, for $750 fee for petition to exempt person from cleanup costs of a contaminated site if baseline environmental assessment is completed (HB 4774; eff. 6/9/2005)

• PA 36, 37, 39 Security interests--provide that Secretary of State’s receipt of an application for a certificate of title on which a security interest in a vehicle, watercraft, or off-road vehicle (ORV) is indicated is a condition of perfection of a security interest in the vehicle, watercraft, or ORV, and equivalent to the filing of a financing statement under the UCC; when a security interest in a vehicle, watercraft, or ORV is perfected, it has priority over the rights of a lien creditor (HB 4450, 4451, 4453; eff. 6/7/05)

• PA 38 Mobile homes--provides that Department of Labor and Economic Growth’s receipt of application for certificate of title on which a security interest in a mobile home is indicated is a condition of perfection of a security interest in the mobile home and equivalent to the filing of a financing statement under the UCC; when a security interest in a mobile home is
  perfected, it has priority over the rights of a lien creditor (HB 4452; eff. 6/7/05)

• PA 35 Crimes--eliminates statute of limitations for conspiracy to commit murder or solicitation to commit murder (HB 4528; eff. 6/7/05)

• PA 33 Water resources protection--requires all oceangoing vessels engaging in port operations to obtain a permit from the Department of Environmental Quality beginning January 1, 2007, and requires permit applicant to demonstrate that the vessel would not discharge aquatic nuisance species (ANS), or, if the vessel would discharge ballast water or other waste or waste effluent, that the vessel operator would use environmentally sound technology and methods to prevent
  discharge of ANS (SB 332; eff. 6/6/05)

• PA 32 Water resources protection--provides that a discharge into the state’s waters from an oceangoing vessel of any ballast water is prima facie evidence of a statutory violation of state water resource protection laws and would subject the responsible person to statutory penalties (HB 4603; eff. 1/1/07)

• PA 25 Secured transactions--revises UCC Article 9 provisions under which filing a
  financing statement is not necessary or effective to perfect a security interest in property
  that is subject to a statute, regulation, or treaty described in the UCC (HB 4452; eff. 5/23/05).

• PA 24 Real property taxes--increases household income threshold for summer
  property tax deferral made available to certain senior citizens and disabled individuals
  from $25,000 to $35,000 (HB 4188; eff. 5/23/05)

• PA 23 Real property taxes--permits property tax bill to be corrected at July or
  December board of review following an incorrect uncapping of property tax
  assessment (HB 4065; eff. 5/23/05)

• PA 22 Adoption of child born outside the United States--allows probate court, at the request of an adopting parent when filing a delayed registration of birth, to enter a new name for the child on the delayed registration; after the filing of a delayed registration of birth that includes a name change, the new name would be the adopted child’s legal name (HB 4242; eff. 5/19/05)

• PA 16, 17, 18, 19 Unemployment insurance--prohibit and provide sanctions for transferring or acquiring a trade or business for the sole or primary purpose of obtaining a lower contribution rate or reimbursement payment in lieu of contributions required under the Employment Security Act (HB 4414, 4415; SB 171, 174; eff. 7/1/2005)

• PA 12 General Property Tax Act--changes from May 31 to April 30 the date by which a limitation on millage authorized by voters must be calculated (HB 4570; eff 4/28/05)

• PA 4 Criminal procedure--extends from January 1, 2006, to January 1, 2009, the deadline for defendant convicted of felony at trial, who is serving a prison sentence for that felony, to petition circuit court to order DNA testing of biological material identified during the investigation that led to his or her conviction, and for new trial based on results of that testing (HB 4413; eff. 4/1/05)

• PA 3 Criminal law--driver's failure to stop at accident scene--deletes references to driver’s knowledge or belief that accident resulted in death, serious impairment of a body function, injury, or vehicle damage; allows driver, instead of stopping at the scene, the alternative of reporting the accident to a police agency or officer, if the driver reasonably believed that remaining would result in further harm (HB 4210; eff. 4/1/05)

• PA 1 Highways--allows Michigan Department of Transportation to issue permit to a person, firm, or corporation to sell or display goods, wares, produce, fruit, vegetables, or merchandise within right-of-way of state trunk line highway, if permitted activities do not create unsafe situation or interfere with transportation along the highway (SB 234; eff. 3/24/05)

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