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Michigan Legislative Spotlight

Selected Michigan legislation through 2006 PA 682. Latest PAs received on January 17, 2007.
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 2005 Archive I View 2004 Archive

Legislative spotlight updates

• PA 680 Revised School Code–extends to contract workers current provisions that allow school districts to employ individuals conditionally while criminal history and criminal
  records checks are being processed, and to share results of criminal history or
  criminal records check with another district or school, with that individual's written
  permission; and, among other things, requires school district to retain results of
  individual's criminal background checks in his or her employment records (HB 6173; eff. 1/10/07)
• PA 674 Social Welfare Act--requires Department of Community Health
  (DCH), in conjunction with Office of Financial and Insurance Services and
  Department of Human Services, to establish a long-term care partnership program in
  Michigan; and specifies that individuals who are beneficiaries of a Michigan long-term care
  partnership program policy would be eligible for Medicaid assistance using asset
  disregard as provided in the act (HB 6478; eff. 1/10/07)
• PA 664 General Property Tax Act--establishes formula for calculating principal residence portion of taxable value of property used as a bed and breakfast (HB 6030; eff. 1/10/07)
• PA 656 Condemnation--adds definition of “blighted” to provision that requires condemning authority to demonstrate, by clear and convincing evidence, that taking of blighted property is for public use (HB 5078; eff. 1/9/07)
• PA 655 Code of Criminal Procedure-revises, among other things, provisions regarding number of peremptory challenges of potential jurors allowed for the defense and prosecution in criminal cases, and allows court to grant one or more of the parties an increased number of peremptory challenges on motion and good cause shown; prohibits court, in case of enhanced sentence for habitual offender, from setting maximum sentence that is less than maximum term for first conviction; and revises certain directions for scoring sentencing guidelines (HB 5135; eff. 1/9/07)
• PA 648 Revised School Code--permits school board that has levied additional mills beyond maximum number of mills otherwise permitted under Code for school operating purposes to exempt residential property and qualified agricultural and forest property from all or a portion of those additional mills (HB 4125; eff. 1/5/07)
• PA 637 Public Health Code--requires Department of Community Health to establish statewide network of cord blood stem cell banks (if funding is made available) and establishes criteria for donor bank to enter network, including establishment of system of strict confidentiality and implementation of donor screening and cord blood collection practices to prevent transmission of disease (HB 6291; eff. 1/4/07)
• PA 634 Social Welfare Act--requires Director of Department of Community Health (DCH) to designate and maintain locally or regionally-based single point of entry agencies for long-term care, which is program from which current or potential long-term care consumer could obtain long-term care information, screening, assessment of need, care planning, supports coordination, and
  referral to appropriate long-term care supports and services (HB 5389; eff. 1/4/07)
• PA 633 General Property Tax Act--provides that wind energy system is considered personal property for purposes of taxation for taxes levied after December 31, 2005 (SB 803; eff. 1/4/07)
• PA 631 Code of Criminal Procedure--allows sentence of probation and delayed sentence for ordinance violations (SB 1032; eff. 1/3/07)
• PA 630 Child Protection Law--specifies that in certain cases involving a child who was severely physically injured or sexually abused Department of Human Services (DHS) would not have to submit petition for authorization by family court requesting that court take custody of child if DHS determines that child's parent or legal guardian did not neglect or fail to protect child and did not have history of neglect or failing to protect child, and that child was safe in parent's or
  legal guardian's care; also revises definition of "severe physical injury" as injury to child that requires medical treatment or hospitalization and that seriously impairs child's health or physical
  well-being (HB 4420; eff 1/3/07)
• PA 620 Drug treatment courts--allows court that has adopted drug treatment court to accept participants from any other jurisdiction in Michigan based on either participant’s residence in receiving jurisdiction or unavailability of drug treatment court in jurisdiction where participant was charged; transfer would have to occur pursuant to guidelines promulgated by State Court Administrative Office and would not be valid unless agreed to by all of the following: defendant or respondent; judge, prosecuting attorney, and defense attorney of transferring court; and judge and prosecuting attorney of receiving drug court; also requires that drug court comply with 10 key components promulgated by National Association of Drug Court Professionals (SB 1428; eff. 1/3/07)
• PA 617 Public School Employees Retirement Act--permits retirant whose spouse is deceased and who later remarries, or retirant who marries after being retired, to select his or her current spouse as a retirement allowance beneficiary under certain conditions (SB 1017; eff. 1/1/07)
• PA 615 Child support--requires Department of Treasury, except as otherwise provided, to supervise and control collection of all past due money and accounts owed to the State; authorizes Department of Treasury to settle and compromise claims and accounts, but requires approval of State Administrative Board for settlement of claim or account over $750 at discount of more than 15%; requires Department of Human Services (DHS) to collect support payments owed to the State and authorizes DHS to settle and compromise claims and accounts and issue receipts for collections, subject to the authority granted to it by several statutes (SB 891; eff. 1/3/07)
• PA 613 Marriage--authorizes mayor of city to solemnize marriage anywhere in county in which that city is located, rather than anywhere in city in which the mayor serves (SB 59; eff. 1/3/07)
• PA 612 General Property Tax Act--allows local governing body to exempt certain nonprofit-owned single family dwellings or duplexes from property tax for maximum of two years (SB 65; eff. 1/3/07)
• PA 611 General Property Tax Act--requires notice of hearing and final judgment in foreclosure proceeding to include statement that all existing oil and gas interests are extinguished except for those of lessee or assignee of interest of lessee under oil or gas lease recorded with county register of deeds before foreclosure petition was filed and interests recorded with county register of deeds within 20 years before foreclosure petition was filed (as provided under 2006 PA 519); exempts from foreclosure interests of lessee or assignee of interest of lessee under oil or gas lease recorded with county register of deeds before foreclosure petition was filed and interests recorded with county register of deeds within 20 years before foreclosure petition was filed (as provided in 2006 PA 519) (SB 1409; eff. 1/3/07)
• PA 607 Courts--allows addition of one judgeship in the Sixth Judicial Circuit (Oakland County), effective January 1, 2009 (HB 5374; eff. 1/3/07)
• PA 597 Michigan Military Act--requires adjournment of all intermediate hearings in lawsuits pending against officers and enlisted personnel on active service, or commenced during that service, until the end of their service (HB 5337; eff. 1/3/07)
• PA 593 Health care--requires that business entities that are legally responsible for
  payment of health care claims provide to Department of Community Health, on a monthly basis, data necessary to determine whether recipient of organization's health coverage also is enrolled in Medicaid (HB 6603; eff. 1/3/07)
• PA 582 Public Health Code--requires each life support vehicle to be equipped with an automated external defibrillator (AED) within nine months after bill’s effective date and requires a local medical control authority, within six months after bill’s effective date, to establish protocols to ensure that each life support vehicle is equipped with an AED and that each emergency services personnel is trained properly to use the AED (SB 1274; eff. 1/3/07)
• PA 581 Banking Code--establishes rebuttable presumption regarding reasonableness of a bank's fees for conducting trust services, and allows banks to use money or property held in trust to buy a product, service, or security at a reasonable price from or through the bank or an affiliate, unless prohibited (HB 6299; eff. 1/3/07)
• PA 579 Foreclosure of mortgages by advertisement--amends chapter to refer to residential property, rather than residential property not exceeding four units and not more than three acres in size, in provisions pertaining to redemption period for abandoned property; also revises requirements concerning notice regarding the abandonment of property (SB 1203; eff. 1/3/07)
• PA 578 Marriage licenses--allows county clerk to accept electronically submitted application for marriage license and provides that marriage license application is nonpublic record and
  exempt from disclosure under Freedom of Information Act (SB 1106; eff. 1/3/07)
• PA 575 Social Welfare Act--increases from six to seven years the length of time providers must retain health care records of individuals enrolled in Medicaid and prescribes standards for disposal of a Medicaid patient’s medical records (SB 466; eff. 1/3/07)
• PA 572 Construction Lien Act--amended to, among other things, increase the maximum payment that may be made to subcontractors, suppliers, and laborers from the Homeowner Construction Lien Recovery Fund from $75,000 to $100,000 per residential structure; require an owner or lessee to notify each subcontractor, supplier, and laborer named in a sworn statement that the statement had been received; and provide that an owner, lessee, or designee cannot accept a full or partial unconditional or conditional waiver of lien from a person other than the lien claimant named in the waiver, without verifying its authenticity (SB 405; eff. 1/3/07)
• PA 566 Identity Theft Protection Act--provides for notification of people whose personal information contained in a database was acquired by an unauthorized person; and establishes civil fine for failure to give required notice, as well as misdemeanor penalties for certain violations (SB 309; eff. 7/2/07)
• PA 565 Vehicle Code--requires Secretary of State to maintain certain drunk driving records for life of driver (SB 1241; eff. 10/31/10)
• PA 564 Vehicle Code--provides for enhanced penalties for third or subsequent drunk driving offense, regardless of when prior offenses occurred, and expands methods by which prior conviction may be established at sentencing (HB 6009; eff. 1/3/07)
• PA 563 Law enforcement officers--prohibits use of law enforcement officer's "involuntary statement," and any information derived from it, against officer in criminal proceedings, and provides that officer's involuntary statement is onfidential and not open to public inspection; "involuntary statement" is information provided by officer, if compelled under threat of dismissal from employment or any other employment sanction, by law enforcement agency employing officer; agency may disclose officer's involuntary statement under one or more of the following circumstances: with officer's written consent; to prosecuting attorney or the Attorney General pursuant to a search warrant, subpoena, or court order, including an investigative subpoena; to officers of, or legal counsel for, law enforcement agency or officer's collective bargaining representative, or both, for use in an administrative or legal proceeding involving officer's employment status with agency or to defend agency or officer in criminal action; to legal counsel for an individual or employing agency for use in civil action against employing agency or officer (SB 647; eff. 12/29/06)
• PA 557 Revised Judicature Act--provides for nondisclosure, except as ordered by a court, of a confidential communication to a "crime stoppers organization"; except as provided below, a person cannot be required to do either of the following in a civil or criminal proceeding: disclose, by way of testimony or otherwise, a confidential communication to a crime stoppers organization; or produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to a confidential communication to a crime stoppers organization by way of any discovery procedure; an individual who is arrested and charged with a crime or who is a party in a civil proceeding can petition the court for an inspection, conducted in camera, of the records of a confidential communication to a crime stoppers organization concerning that individual, and, if the court determines that the person is entitled to all or any part of those records because they would provide evidence favorable to the defendant or the party in a civil proceeding and relevant to the issue of guilt or punishment, or liability, it can order production and disclosure as it considers appropriate (HB 6348; eff. 12/29/06)
• PA 552 Public Health Code--includes libraries within Code's drug-free zones, by extending current enhanced penalties for possession and delivery of certain controlled substances within 1,000 feet of school property to those offenses within 1,000 feet of a library (HB 5657; 3/30/07)
• PA 544 Revised Judicature Act--increases maximum penalty for contempt and allows court to place a person on probation for criminal contempt (HB 6271; eff 3/30/07)
• PA 537, 538 Health insurance--require that any policy or certificate delivered, issued for delivery, or renewed in the State that provides for hospital or medical care coverage or reimbursement for hospital or medical care coverage for dependent children who are full-time or part-time students must continue coverage for a dependent student if he or she is covered under that policy or certificate and took a leave of absence from school due to illness or injury; coverage must continue for 12 months from student's last day of attendance in school or until dependent reaches age at which coverage otherwise would terminate, whichever period is shorter; also, coverage must be provided at same rate as that charged for dependent student status (HB 5815, 5816; eff. 1/1/07)
• PA 532 Corrections Code--provides for appointment of legal counsel for indigent parolees in fact-finding hearing on charges of parole violation (SB 1495; eff. 12/29/06)
• PA 519 Oil or gas interests--provides that oil or gas interest held by person other than owner of surface of property for which judgment of foreclosure has been entered is not preserved from foreclosure under General Property Tax Act unless that interest has been recorded with county register of deeds within 20 years before foreclosure petition was filed (SB 1408; eff. 12/29/06)
• PA 514 Income Tax Act--allows taxpayer, for tax years beginning after December 31, 2006, to claim income tax credit equal to 75% of contributions taxpayer made in tax year to reserve fund of fiduciary organization pursuant to Individual or Family Development Account Program Act, if taxpayer is not an account holder under that Act; if amount of income tax credit exceeds taxpayer’s tax liability for tax year, excess portion will not be refunded (HB 5022; eff. 12/29/06)
• PA 513 Individual or Family Development Account Program Act–establishes Individual or Family Development Account Program within Michigan State Housing Development Authority and requires Authority to select program sites to administer individual or family development accounts, and fiduciary organizations to provide technical assistance to program sites and establish and manage reserve accounts, based on specific criteria; allows individual or family whose income is 200% or less of Federal poverty level to apply to program site to establish development account to pay for educational expenses of account holder who is at least 17 years old, first-time purchase of primary residence by account holder; or start-up capitalization of business for account holder who is at least 18 (SB 640; eff. 1/1/07)
• PA 512 Social Welfare Act--requires Department of Human Services to disregard all savings deposited in individual or family development accounts under Individual or Family Development Account Program Act in determining an individual’s eligibility for family independence assistance and amount of individual’s grant (SB 1393; eff. 1/1/07)
• PA 510 Notary Public Act--exempts attorney licensed to practice law in this state from requirement of filing a bond; also requires Secretary of State to send reappointment application form to licensed attorney granted an appointment as notary public at least 90 days before expiration of current notary appointment; application for reappointment must contain certification to be completed by applicant certifying that he or she is still member in good standing of State Bar of Michigan and applicant must otherwise comply with requirements for appointment as notary public (SB 1266; eff. 4/1/07)
• PA 506 Revised Judicature Act--increases fees for publishing legal notices or orders, citations, summons, advertisements, or other matters arising out of judicial proceedings required by law to be published in a newspaper, and authorizes rates to be increased annually, for five years, by rate of inflation (SB 1104; eff. 3/1/07)
• PA 505 Liquefied petroleum or carbonic gas (LPG)--allows person to bring civil action for damages or equitable relief against person who violates provision that prohibits persons from filling or refilling an LPG container with liquefied petroleum gas or carbonic gas, or any other gas or compound, unless he or she is container owner or has owner’s written authorization; in action for damages, plaintiff can recover actual damages or $2,000, whichever is greater, for each violation, as well as costs and reasonable attorney fees (SB 928; eff. 12/29/06)
• PA 497 Construction Lien Act–amended to do allow a person to bring an action to discharge a lien that has been recorded by an unlicensed person, and provides that that person would be liable to plaintiff for damages; requires licensed contractors to pay a $10 fee upon initial licensure and a $10 fee for each year of license renewal, rather than a $50 fee on initial licensure, for deposit in the Homeowner Construction Lien Recovery Fund; requires laborers and other lien claimants to pay a $30 fee every three years; and limits interest included in a construction lien of a subcontractor or supplier for home improvements (SB 459; eff. 1/3/07)
• PA 491 Michigan Works One-Stop Service Center System Act--establishes system to deliver workforce development programs and services tailored to local needs (SB 1288; eff. 12/29/06)
• PA 488 Safe Delivery of Newborns Law–amended to, among other things, make all hearings under this chapter closed to the public and all records of proceeding under the chapter confidential, available only to a party to the proceeding; makes all child placing agency records created under the chapter confidential except as otherwise provided; and creates civil liability and a criminal penalty for disclosing confidential information without a court order or specific authorization under state or federal law (SB 1292; eff. 1/1/07)
• PA 485 Support and Parenting Time Enforcement Act–allows temporary modification of child support order if payer is called into emergency military service that reduces his or her income (SB 1128; eff. 12/29/06)
• PA 482 Freedom of Information Act--allows public body to exempt from disclosure protected health information, as defined in 45 CFR 160.103 (SB 468; eff. 12/22/06)
• PA 481 Public Health Code--requires individuals licensed under the Code to, among other things, maintain a record for each patient (as currently required of a health facility or agency); requires records maintained by a licensee or a health facility or agency to be kept for at least seven years, or longer if required by law or generally accepted standards of medical practice; requires licensee or a health facility or agency that is unable to comply with record maintenance requirements to contract with another provider or entity to do so; and requires licensee, facility, or agency, upon ceasing to practice or operate, to notify patients and Department of Community Health and to either transfer or destroy medical records as specified (SB 465; eff. 12/22/06)
• PA 480 Communications—creates new act providing for regulation of competitive cable service providers (HB 6456; eff. 1/1/07)
• PA 478, 479 Michigan Merit Award Act—provides scholarship awards to Michigan students beginning with high school class of 2007, and repeals existing Michigan Merit Award Scholarship Act effective September 30, 2017 (HB 6302, SB 1335; eff. 12/21/06)
• PA 472 Single Business Tax--allows eligible taxpayer, for tax years beginning after December 31, 2005, to claim credit against SBT equal to 10% of first $10,000 of eligible expenses paid in the tax year for each qualified employee for courses taken at eligible educational institutions that would lead to postsecondary degree or that were taken to acquire or improve the employee’s job skills (SB 387; eff. 12/20/06)
• PA 471 Social Welfare Act—amended to, among other things, require Department of Human Services (DHS) and Department of Labor and Economic Growth (DLEG) to develop program goals, including a goal that at least 50% of the Family Independence Program (FIP) caseload will be involved in employment activities; requires verification from physician or psychologist for certain individuals seeking exemption from Work First, and specifies that an individual who is applying for Supplemental Security Income is not automatically exempt from Work First during the application process; and requires FIP recipient who does not have high school diploma or GED to enroll in one or more basic educational programs, if available (SB 1501; eff. 12/20/06)
• PA 470 Social Welfare Act--delays from December 31, 2006, to March 31, 2007, expiration of specific exemptions from Work First requirements and penalties for noncompliance with the Act (SB 1500; eff. 12/20/06).
• PA 468 Social Welfare Act—amended to, among other things, require a recipient to be evaluated and assessed before family self-sufficiency plan is developed for recipient's family assistance program group; establishes 48-month lifetime cumulative limit on Family Independence Program (FIP) assistance for an individual who resides in county where Jobs, Education and Training (JET) program is available; permits 12-month extension of FIP assistance beyond 48-month limit under certain circumstances; exempts from Work First requirements certain individuals with low intellectual capacity, chronic and untreatable mental health problems, or physical limitations combined with low intellectual capacity; and establishes penalties for noncompliance with a self-sufficiency plan, including a three-month termination of assistance for a first and second instance, and a 12-month termination of assistance for a third instance (HB 6580; eff. 12/20/06)
• PA 466 NREPA--allows township to regulate by ordinance activities at public boating access site owned by Department of Natural Resources (DNR) and located on an inland lake or stream,
  as long as scope of the ordinance does not exceed scope of applicable DNR rules or
  orders (HB 5960; eff. 12/20/06)
• PA 464, 465 Land use planning--amend laws governing city, village, municipal, or township planning to allow, rather than require, a county planning commission or board of commissioners to submit comments on a proposed plan, and shorten time period during which comments on a
  proposed plan may be submitted (HB 5885, 5886; eff. 12/20/06)
• PA 462 Insurance Code--amends Chapter 38 (Medicare Supplement Policies and Certificates) to conform state's Medicare supplement statute with changes to federal Medicare program, such as the prescription drug benefit (HB 6359; eff. 12/20/06)
• PA 460 Administrative Procedures Act--amended to specify that, in a contested case
  regarding an application for a license, definition of "party" includes applicant for the license (HB 6318; eff. 12/20/06)
• PA 458 Public Health Code--deletes exemption for equipment, products, or material that may be used in preparation or smoking of tobacco or smoking herbs, other than a controlled substance, from Code's prohibition against selling drug paraphernalia or offering it for sale (HB 5492; eff. 3/20/07)
• PA 448 Highway Advertising Act--among other things, specifies that sign or sign structure
  erected or maintained in violation of Act is nuisance per se and allows Michigan Department of Transportation to seek injunction against use of sign pending its removal; and provides for vegetation management and permits (SB 568; eff. 1/1/07)
• PA 447 Highway Advertising Act--prohibits Michigan Department of Transportation, until 2009, from issuing a permit for a sign unless applicant surrenders previously issued permit, and allows owner of permitted sign that was removed to obtain interim permit (SB 567; eff. 1/1/07)
• PA 446 General Property Tax Act—revises definition of “transfer of ownership” to exclude a transfer of land, but not buildings or structures located on the land, if the land is subject to a conservation easement under the Natural Resources and Environmental Protection Act or if a transfer of ownership of the land or a transfer of interest in the land is eligible for a deduction as a qualified conservation contribution under the Internal Revenue Code (SB 1004; eff. 12/08/06)
  
• PA 443 Michigan Liquor Control Code--allows sentencing court to order minor who is subject to a conviction or juvenile adjudication of, or placed on probation regarding, certain alcohol-related violations to submit to a random or regular preliminary chemical breath analysis; in the case of a minor under 18 and not legally emancipated, the minor's parent, guardian, or custodian may request a random or regular preliminary chemical breath analysis as part of the probation (SB 1226; eff. 11/27/06)
• PA 442 Insurance Code--requires, among other things, that insurer marketing long-term care insurance develop suitability standards to determine whether purchase of long-term care insurance was appropriate for needs of an applicant; requires policyholders to be notified at least 45 days before effective date of premium increase; and requires insurer to offer reduced policy benefits or a shortened benefit period before effective date of a substantial premium increase (HB5349; eff. 10/19/06)
• PA 439 Uniform Condemnation Procedures Act--amended to require agency to notify occupants of property subject to eminent domain proceeding of their legal rights in the process; revises provisions under which property owner may file claim for just compensation for property he or she believes was excluded from a good faith offer by an acquiring agency; and requires acquiring agency taking a principal residence to pay an amount to the owner in addition to amount estimated to be just compensation (HB 5821; eff. 12/23/06)
• PA 426 Michigan Notary Public Act--amended to, among other things, prohibit a notary public from performing a notarial act for a lineal ancestor; allows notary public to perform notarial act on a record that contains a blank space; revises statement that must be included with an application for appointment as notary public to require applicant to disclose any felony or misdemeanor conviction within the preceding 10 years, instead of any felony or other conviction (HB 6197; eff. 10/5/06)
• PA 419 Marriage--extends authority to solemnize marriages to all county clerks and
  allows cleric or religious practitioner, as well as a minister of the gospel, to solemnize
  marriages (HB 4086; eff. 9/29/06)
• PA 415 Michigan Penal Code–includes murder committed in perpetration of torture or aggravated stalking among acts that constitute first-degree murder (HB 4431; eff. 12/1/06)
• PA 403 Corrections Code–requires prisoner who is required to be registered under Sex Offenders Registration Act (SORA) to give Department of Corrections (DOC) notice of location of his or her proposed place of residence or domicile before being released on parole or on completion of his or her maximum sentence; DOC must then forward that notice to appropriate law enforcement agency as required under SORA; prisoner who refuses to provide notice or who knowingly provides incorrect notice of location of his or her proposed place of residence or domicile is guilty of a felony punishable by imprisonment for up to four years’ imprisonment and/or a maximum fine of $2,000 (HB 5194; eff. 12/1/06)
• PA 402 Sex Offenders Registration Act–requires Department of Corrections to notify appropriate sheriff’s department or Michigan State Police post of proposed place of residence of incarcerated individual who was granted parole or due to be released, before releasing the person (HB 5193; eff. 12/1/06)
• PA 399 Insurance Code–adds Chapter 41a (Annuity Recommendation to Consumers) to require an insurance producer or insurer to have reasonable grounds to believe that a recommendation to a consumer to purchase or exchange an annuity was suitable to the consumer based on his or her financial situation; before executing a purchase or exchange, an insurance producer or insurer would have to make reasonable efforts to obtain consumer’s financial status, tax status, and investment objectives; also requires insurer to establish and maintain a system to supervise recommendations, designed to achieve compliance with the act, or to assure that such a system was established and maintained (SB 880; eff. 9/29/06)
• PA 384 Driver Education Provider and Instructor Act--provides, among other things, for certification of driver education providers and instructors, rather than licensure, and createsDriver Education Provider and Instructor Fund to cover Secretary of State’s costs of administering the Act (SB 1290; eff. 10/1/06)
• PA 382, 383 Natural Resources and Environmental Protection Act--modify Commercial Forest Act to, among other things, set penalty rate for owners of commercial forestland who withdraw their property; require that the public have access to the forestland for hunting and fishing; and modify eligibility criteria to designate commercial forestland (HB 5454, 5455; eff. 9/27/06)
• PA 381 Natural Resources and Environmental Protection Act--adds Part 512 (Sustainable Forestry Conservation Easement Tax Incentives) to establish an annual specific tax for commercial forestland subject to a sustainable forest conservation easement, which would be 15 cents per acre less than the specific tax under Part 511 (Commercial Forests); requires an applicant for the reduced tax rate to pay a nonrefundable application fee of $2 per acre, subject to a minimum of $200 and a maximum of $1,000; requires owner to pay a penalty if forestland subject to an easement were used in violation of Part 512 or the easement; provides that specific tax and penalty are payable to township treasurer; allows owner of commercial forestland subject to an easement to remove forest products in compliance with Part 511 and the easement (SB 917; eff. 9/27/06)
• PA 380 School Code--exempts qualified forest property from mills levied by local school districts (SB 914; eff. 9/27/06)
• PA 379 Qualified Forest Property Recapture Tax Act--enacted effective January 1, 2007, to provide for the recapture of taxes owed on qualified forest property that was converted by a change in use after December 31, 2006, and no longer qualifies for a tax exemption; recapture tax is doubled if no harvests of forest products have been conducted on the land consistent with the approved forest management plan; State Treasurer must collect the tax and deposit the proceeds in the General Fund (SB 913; eff. 9/27/06)
• PA 378 General Property Tax Act--exempts qualified forest property from taxes levied by local school districts, with some exceptions; requires amount exempted each year under these amendments to be paid to the School Aid Fund from the General Fund; exempts transfer of qualified forest property, under certain conditions, from a provision requiring taxable value of property to be adjusted on transfer; and repeals Part 513 (Private Forestry) of the Natural Resources and Environmental Protection Act, which provides a tax exemption for private forest reservations, on September 1, 2007 (SB 912; eff. 9/27/06)
• PA 375 Minimum Wage Law--provides that minimum hourly wage for employee less than 18 years old is 85% of general minimum hourly wage (HB 1364; eff. 10/1/06)
• PA 374 Penal Code--extends penalties for dealing in stolen, embezzled, or converted property to a person who had reasonable cause to believe that the property was stolen, embezzled, or converted (SB 1234; eff. 10/1/06)
• PA 373 Minimum Wage Law--exempts from state law's overtime requirement an employer that would be subject to the law only because the state’s minimum wage exceeds the federal minimum wage, and, in such a case, provides that the state's law does not apply to an employee who was exempt from the Federal minimum wage (HB 6213; eff. 10/1/06)
• PA 372 Income Tax Act--amended to allow a taxpayer, for tax years beginning after December 31, 2004, to credit against income tax an amount equal to 10% of the credit the taxpayer was allowed to claim as a credit under IRC 32 on a return filed for the same tax year (SB 453; eff. 9/22/06)
• PA 371 Uniform Condemnation Procedures Act--requires payment to be made to an owner
  or relocated person at least 30 days before physical dispossession, and provides that an
  individual cannot be required to move until he or she has a reasonable opportunity of up
  to 180 days after payment of moving expenses or the moving allowance to relocate to a comparable replacement dwelling (HB 5819; eff. 12/23/06)
• PA 370 Uniform Condemnation Procedures Act--allows court to award reasonable attorney or expert witness fees to a person who brought unsuccessful challenge to condemnation action that involved relocation of an indigent person, if the court found that he or she had a reasonable and good faith claim that property was not being taken for a public use; this provision does not apply to a proceeding concerning taking of property for construction of government-owned
  transportation project (HB 5818; eff. 12/23/06)
• PA 369 Eminent domain--amends allowances for moving personal property from real property acquired by a public agency by increasing from $1,000 to $5,250 the maximum payment to reimburse an individual or family who must relocate due to a condemnation proceeding;
  establishes $3,500 fixed payment that person with leasehold interest of less than six
  months may elect to receive instead of a moving allowance or any other payment under state or federal law; and allows court to award attorney fees and costs to person with leasehold interest of
  less than six months who brings a successful action to recover moving allowance or
  fixed payment (HB 5817; eff. 12/23/06)
• PA 367, 368 Eminent domain--prohibit taking of private property for transfer to private entity unless proposed use of land is “invested with public attributes sufficient to fairly deem the entity’s activity governmental by one or more of the following”: (1) a public necessity of an extreme sort exists that requires collective action to acquire property for instrumentalities of commerce, whose very existence depends on use of property that can be assembled only through coordination of central government; (2) the property or its use would remain subject to public oversight and accountability after its transfer, and would be devoted to public use, independent from the will of the entity
  to which it was transferred; (3) the property was selected on facts of independent public significance or concern, including blight, rather than private interests of entity to which the property eventually would be transferred; specify that taking of property for public use does not include taking of private property for transfer to private entity for either general economic development
  or enhancement of tax revenue, and also does not include a taking that is a pretext to confer private benefit on known or unknown private entity; and provide that in condemnation action, burden of proof is on condemning authority to demonstrate, by preponderance of the evidence, that the taking of private property is for a public use.(HB 5060; SB 693; pending approval of Senate Joint Resolution E)
• PA 353 Child Custody Act--amended to limit grandparenting time actions in stepparent adoption situations to grandparents whose own child is deceased (SB 420; eff. 9/18/06)
• PA 352 Michigan Adoption Code--makes an exception to provision under which an adoptee is no longer the heir of a parent whose parental rights have been terminated; the exception would apply to a child adopted by the spouse of a natural parent, as provided in Section 2114(2) of the Estates and Protected Individuals Code; also provides that this provision does not prohibit filing an action or entry of an order concerning grandparenting time (HB 5602; eff. 9/18/06)
• PA 350 Handgun licenses--provides for confidentiality of certain personal information on application for license to carry a concealed pistol; allows applicant or licensee to be furnished with a copy of his or her own application on request and payment of a reasonable fee; requires applicant to disclose whether he or she been convicted of specific misdemeanors rather than any misdemeanor (HB 5217; eff. 9/18/06)
• PA 348 Elliott-Larsen Civil Rights Act--amends Article 4 (Educational Institutions) to specify that the article does not prohibit the board of a school district or intermediate school district or the board of directors of a public school academy from establishing and maintaining a single-gender school, class, or program within a school as provided under the Revised School Code (HB 6247; eff. 9/1/06)
• PA 347 Revised School Code--permits board of first class school district to establish and maintain a single-gender school, class, or program if district also makes available to pupils a substantially equal coeducational school, class, or program and a substantially equal school, class, or program for pupils of the other gender (HB 4264; eff. 9/1/06)
• PA 339 Michigan Vehicle Code--requires vehicle operators to yield right-of-way to bicyclists under certain circumstances, deletes references to bicycles from provisions that apply to operation of an electric personal assistive mobility device, low-speed vehicle, motorcycle, moped, or bicycle, and establishes provisions that would apply to bicyclists specifically, and allows an individual to park a bicycle on a sidewalk or highway or street, subject to certain conditions (SB 1224; eff. 8/15/06)
• PA 336 Land Division Act--revises requirement that proprietor deposit money or a bond with board of county road commissioners for the approval of final plat and allows board of county road commissioners to regulate cul-de-sacs, but prohibits board from disallowing them by policy, practice, or rule (SB 1107; 8/15/06)
• PA 316 Corrections Code--prohibits release of parolee held in custody pending disposition of preliminary parole violation hearing or fact-finding hearing; also requires that Director of Department of Corrections, or a designated deputy director, be notified if a preliminary parole violation hearing or fact-finding hearing were not held in the required time period for that proceeding (10 and 45 days, respectively), and requires the hearing to be held as soon as possible (HB 5967; eff. 7/20/06)
• PA 315 Corrections Code--specifies that parolee accused of parole violation may not be released merely because a fact-finding hearing was not held within 45 days (SB 1196; eff. 7/20/06).
• PA 314 Revised Judicature Act--provides that an individual who used deadly force or force other than deadly force in self-defense or defense of another individual, in compliance with Section 2 of the Self-Defense Act, is immune from civil liability for damages caused to either of the following by the use of that deadly force or force other than deadly force: (1) the individual against whom the use of force was authorized, or (2) any individual claiming damages arising out of injury to or the death of the individual against whom the use of force was authorized, based on his or her relationship to that individual (HB 5548; eff. 10/1/06)
• PA 313 Code of Criminal Procedure--specifies that in cases in which Section 2 of the Self-Defense Act does not apply, the common law of Michigan would apply, except that the duty to retreat before using deadly force would not be required if an individual were in his or her own dwelling or within the curtilage (the adjoining land or yard) of that dwelling (HB 5142; eff. 10/1/06)
• PA 312 Revised Judicature Act--requires court to award payment of actual attorney fees and costs to an individual who was sued for civil damages for allegedly using deadly force or force other than deadly force against another individual, if the court determines that the individual used force in compliance with Section 2 of the Self- Defense Act and that the individual was immune from civil liability under Section 2922b of the Revised Judicature Act (which establishes civil immunity for a person who used force against another in compliance with the Self-Defense Act (SB 1185; eff. 10/1/06)
• PA 311 Self-defense--specifies that it is a rebuttable presumption that an individual who used force under the Self-Defense Act had an honest and reasonable fear that imminent death of, sexual assault of, or great bodily harm to himself or herself or another individual would occur, if the person against whom force was used was in the process of breaking and entering a dwelling or committing home invasion, had broken and entered a dwelling or committed home invasion and was still present in the dwelling, or was unlawfully attempting to remove another individual from a dwelling or occupied vehicle against his or her will, and the individual using force knew or had reason to believe the person was engaging in that conduct; the rebuttable presumption would not apply, however, if certain specified circumstances existed (SB 1046; eff. 10/1/06)
• PA 310 Self-defense--specifies that an individual who used deadly force or force other than deadly force in compliance with the Self-Defense Act and who had not or was not engaged in committing a crime at the time he or she used force, would commit no crime in using that force; if a prosecutor believed that a person used force that was unjustified under the Self- Defense Act, the prosecutor may charge the person with a crime arising from the use of force and, at the time a warrant was issued, at the time of any preliminary examination, and at the time of any trial, would have to present to the judge or magistrate evidence that established that the person’s actions were not justified under the Self-Defense Act (HB 5153; eff. 7/1/06)
• PA 309 Self-Defense Act--specifies that person may use deadly force against another individual, without a duty to retreat, if he or she was not engaged in the commission of a crime and honestly and reasonably believed that force was necessary to prevent imminent death, bodily harm, or sexual assault; specifies that an individual may use less-than-lethal force against another individual, without a duty to retreat, if he or she was not engaged in the commission of a crime and honestly and reasonably believed that force was necessary in defense against the other individual’s imminent unlawful use of force; except as provided above, the Act does not modify the common law with regard to the duty to retreat before using deadly force or force other than deadly force and would not diminish self-defense rights available under common law (HB 5143; eff. 10/1//06)
  
• PA 302 Motor Vehicle Sales Finance Act--allows seller of motor vehicle under installment sale contract to contract with buyer to pay fees for titling the vehicle and fees payable to a third party and to the seller for electronic titling and registration (HB 6175; eff. 7/20/06)
• PA 299 Estates and Protected Individuals Code (EPIC)--amended to, among other things, use order of priority of inheritance established under EPIC for a person who dies intestate (without a will) as the presumed order of priority of individuals who would have the rights and powers to make decisions about a decedent’s body; specifies the person (e.g., a guardian or personal representative, or the county public administrator or medical examiner) who would have those rights and powers if no one in the order of priority existed, exercised the rights and powers, or could be located; and allows an individual, other than a person with priority or a person described above, to file an action in circuit court to challenge the presumption and be determined as the
  individual who would have the authority to make decisions about a decedent’s body (HB 4870; eff. 7/20/06)
• PA 297 Uniform Traffic Code-- allows peace officer to enforce traffic ordinance on private road accessible to general public if signs are posted by the owner or person in charge of the road and
  deletes provisions for a contract between a local unit and the person in charge of a private
  road for enforcement of the traffic law (HB 4807; eff. 7/20/06)
• PA 296 Structured settlements--enacts Revised Structured Settlement Protection Act
  and repeals Structured Settlement Protection Act; among other things, provides that a transfer of structured settlement payment rights is not effective unless the transfer has been approved in a final court order or order of a responsible administrative authority and requires transfer to be in the best interest of the payee, considering the welfare and support of his or her dependents (SB 541; eff. 9/1/06)
  
• PA 288 Divorce--provides that for any divorce or separate maintenance action filed on or after September 1, 2006 that an assignment of rights in and to any pension, annuity, or retirement benefits also must include a proportionate share of all components of those benefits unless the
  judgment expressly excluded one or more components (HB 5953; eff. 7/20/06)
• PA 266 Child Protection Law--requires Department of Human Services to have child examined by physician without court order if child is suspected of being exposed to methamphetamine production (HB 5930; eff. 7/6/06)
• PA 264 Child Protection Law--requires reporting and investigation by Department of Human Services and law enforcement agencies if report or investigation of child abuse indicates drug lab violation involving methamphetamine, or if there is evidence that a child was being exposed to methamphetamine production (HB 5844; eff. 7/6/06)
• PA 263 Child Protection Law--requires Department of Human Services to refer a central registry case to prosecuting attorney if it involved child’s exposure to methamphetamine production, and requires prosecuting attorney to review investigation of the case (HB 5843; eff. 7/6/06)
• PA 253 Michigan Liquor Control Code--provides that Liquor Control Commission may not prohibit an applicant for or the holder of a specially designated distributor or merchant license from owning or operating fuel pumps on or adjacent to the premises if the applicant is located in a township with a population of 7,000 or less that is not contiguous with any other township; the applicant or licensee would have to maintain a minimum inventory on the premises, excluding alcoholic liquor and motor vehicle fuel, of at least $12,500 at cost, of those goods and services customarily marketed by approved types of businesses and also would have to have the approval of the township (HB 5562; eff. 7/3/06)
• PA 250 Money Transmission Services Act--prohibits a person from providing “money transmission services” without a license under the act or a Class I license under the Consumer Financial Services Act, subject to certain exceptions, and, among other things, specifies requirements for application and licensure, including financial requirements, and provides that the penalty for certain actions is a felony (HB 5328; eff. 7/3/06)
• PA 246 Identity Theft Protection Act--prohibits a person from using personal identifying information of another person to obtain his or her confidential telephone records; from knowingly procuring, attempting to procure, or soliciting or conspiring with another to procure a confidential telephone record of any Michigan resident without the authorization of the customer to whom the record pertained or by fraudulent, deceptive, or false means; from knowingly selling or attempting to sell a confidential telephone record of any Michigan resident without the authorization of the customer to whom the record pertained; and from receiving a confidential telephone record of any Michigan resident, knowing that the record was obtained without the authorization of the customer to whom the record pertained or by fraudulent, deceptive, or false means (SB 1202; eff. 6/30/06)
• PA 244 Governmental immunity--establishes immunity for municipal corporation or organized fire department that donates fire control or rescue equipment and extends immunity to municipal corporation or organized fire department that receives donated equipment if the municipal corporation or fire department has the equipment tested, repaired, or maintained as required by law, and does not use the equipment unless it complies with state and federal law (SB 689; eff. 6/30/06)
• PA 242, 243 Penal Code--prescribes criminal penalties for knowingly or willfully concealing, or harboring for the purpose of concealment from a peace officer, a person who is subject to an arrest warrant or a bench warrant; increases maximum penalty for concealing or harboring an escapee from custody (SB 1146, 1147; eff. 9/28/06, 6/30/06)
  
• PA 236 Youth Tobacco Act--prohibits minor from purchasing or possessing a tobacco product, or attempting to do so; using a tobacco product in a public place; or presenting or offering to an individual a purported proof of age that was false, fraudulent, or not actually his or her own proof of age, for the purpose or purchasing, possessing, or attempting to purchase or possess a tobacco product (HB 5396; eff. 9/1/06)
• PA 224 Single Business Tax--repeals and reenacts section 35e of Act, which provides for the assignment of an brownfield tax credit, and adds a provision under which the deadline for assignment would not apply if the lessee were unknown, and stating a retroactive effective date of January 1, 2006 (HB 6070; eff. 1/1/06 (retroactive))
• PA 217 Drug free park zones--prohibits possession of anabolic steroids within 1,000 feet of a park (HB 4595; eff. 6/26/06)
• PA 216 Drug free school zones--prohibits possession of anabolic steroids within 1,000 feet of school property (HB 4594; eff. 6/26/06)
• PA 183 Charter and livery boat safety--provides that owner of nonmotorized livery boat is not liable for an injury to, or the death of, a user of the boat resulting from a risk inherent in the use or operation of such a boat; owner must post in conspicuous locations a notice specifying that a user
  accepted the risk inherent in the nonmotorized livery boat’s use or operation (HB 4778; eff. 6/12/06)
• PA 182 Inclusive Home Design Act--requires that at least 50% of newly constructed family residential real estate receiving funding under State Housing Development Authority Act be constructed so that property complies with accessibility provisions of Michigan Building Code (HB 4138; eff. 6/9/06)
• PA 174 Tax Tribunal Act-- for tribunal proceedings that commence after December 31, 2006, provides that assessed valuation and exempt status disputes concerning real property classified as commercial, industrial, or developmental may be appealed directly to Michigan Tax Tribunal without protest before board of review; allows assessed valuation and exempt status disputes concerning personal property classified as commercial, industrial, or utility to be appealed directly to Tax Tribunal without protest to board of review, if a personal property tax statement is filed before commencement of board of review; provides that dispute regarding claim of exemption of principal residence must be presented to July or December board of review before Tribunal acquires jurisdiction of dispute (as is currently required for qualified agricultural property); provides that petition is considered filed within time required if it is postmarked by U.S. Postal Service, delivered in person, or given to designated delivery service for delivery, on or before expiration of filing deadline; and amends filing deadlines (HB 5854; eff. 5/30/06)
• PA 172 Corrections--establishes lifetime electronic monitoring program in
  Department of Corrections and sets forth requirements for the program (HB 5532; eff. 8/28/06)
• PA 171 Penal Code--requires that person convicted of first-degree or second-degree criminal sexual conduct be sentenced to lifetime electronic monitoring if the victim was under age 13 and the offender was at least 17 and establishes penalties for tampering with electronic monitoring device (HB 5531; eff 8/38/06)
• PA 170 Corrections Code—provides that person who commits criminal sexual
  conduct in the first degree against a person under 13 years of age using a weapon or
  through force or coercion could not be placed on parole until serving 25 years of the
  sentence and period of parole could not be less than 10 years (HB 5422; eff 8/28/06)
• PA 169 Penal Code--imposes minimum sentence of 25 years for criminal sexual conduct in the first degree when victim is under 13 years of age and crime is committed by an individual 17 years of age or older and accomplished while armed with a weapon (or any article the victim reasonably believes is a weapon) or through force or coercion (HB 5421; eff. 8/28/06)
• PA 168 Corrections Code--specifies that if a parolee convicted of first- or
  second-degree criminal sexual conduct, other than a parolee subject to lifetime
  electronic monitoring, is placed on parole, parole board may require that the parolee be subject to electronic monitoring (SB 1122; eff. 8/28/06)
• PA 167 Corrections Code—amended to provide that prisoners sentenced to life without parole for first-degree criminal sexual conduct or for certain other offenses are not be eligible for parole (SB 718; eff. 8/28/06)
• PA 165, 166 Penal Code--requires sentence of life imprisonment without parole for first-degree criminal sexual conduct (CSC) if all of the following circumstances
  are met: the victim was under 13 years of age; the offender was at least 17 years old; the offender previously had been convicted of first-, second-, third-, or fourth- degree CSC or assault with attempt to commit CSC, or a substantially conforming law of the United States, another state, or a political subdivision of another state, when he or she was at least 17 and the victim was under 13 (SB 709, 717; eff. 8/28/06)
• PA 160, 164 Penal Code--prohibits and prescribes criminal penalty for unlawful imprisonment, which is committed if a person knowingly restrained another person under any of the following circumstances: the person was restrained by means of a weapon or dangerous instrument; the restrained person was secretly confined; the person was restrained to facilitate the commission of another felony or to facilitate flight after commission of another felony (HB 5449, 5451; eff. 8/24/06)
• PA 159 Penal Code—deletes and reenacts felony of kidnapping, providing that a person commits the crime of kidnapping if he or she knowingly restrains another person with the intent to hold the person for ransom or reward; uses the person as a shield or hostage; engages in criminal sexual penetration or criminal sexual contact with the person; takes the person outside of Michigan; or holds the person in involuntary servitude (HB 5450; eff. 8/24/06)
• PA 156, 162 Penal Code—adds chapter on human trafficking to prohibit a person from knowingly subjecting or attempting to subject another person to forced labor or services (HB 5747, 5748; eff 8/24/06)
• PA 155 Notary Public Act--requires record on which notary public performs a notarial act to include the following information: the statement “Acting in the County of ________.” if the notary public is performing a notarial act in a county other than his or her county of commission (rather than in all cases, as currently required); the date the notarial act was performed; and the name of the notary public exactly as it appears on his or her application for commission as a notary, rather than as it appears on his or her certificate of appointment; and repeals provision that permits notary public to use plain English notary form (SB 908; eff. 5/26/06)
• PA 152 Local government--allows local unit of government (a city, village, township, or county) to pass ordinances to protect and preserve peace and respect toward those attending or conducting a funeral or memorial service and to require a permit to demonstrate at a funeral or memorial
  service (SB 1199; eff 5/24/06)
• PA 148, 149, 150 151 Penal Code--provides that it is a felony to be a disorderly person within 500 feet of a funeral, memorial service, viewing of a deceased person, or funeral procession or burial (HB 5887, 5888; SB 1171, 1229; eff. 8/22/06)
• PA 147 Summary proceedings to recover possession of premises--requires a court to award damages for labor by a landlord, property manager, or tenant in repairing premises in the same manner as if a third party made the repairs; and requires a landlord’s, property manager’s, or tenant’s labor to be compensated at a rate the court determined to be reasonable based on usual and customary charges for the repairs (HB 4171; eff. 7/1/06)
• PA 133 Home solicitation sales--provides that it is an unfair or deceptive act or practice and a violation of the Act for a telephone solicitor to misrepresent in a message left for a consumer on his or her answering machine or voice mail that he or she had a current business matter or transaction or a current business or customer relationship with the solicitor or another person, and request that the consumer call the solicitor or another person to discuss that matter, transaction, or relationship (HB 4423; eff. 5/12/06)
• PA 127 Corrections--permits a county to seek reimbursement from certain prisoners within six years, rather than 12 months, after the prisoners’ release from a county jail (HB 5643; eff. 5/2/06)
• PA 114 Property tax--allows totally and permanently disabled sole beneficiary of trust to receive homestead or qualified agricultural property exemption if trust purchased or acquired property as principal residence for beneficiary (SB 859; eff. 4/10/06)
• PA 113 Single business tax--allows qualified taxpayers to assign all or a portion of a Michigan Economic Growth Authority single business tax credit; assignment is
  irrevocable and, except in the case of a multiphase project, must be made in tax year in which certificate of completion was issued for project in question (SB 599; eff. 91st day after final adjournment of 2006 regular session)
  
• PA 111, 112 Single business tax--sets annual maximum of $10 million on amount of credits that Michigan Economic Growth Authority (MEGA) chairperson could issue for projects for which total SBT credits would be $200,000 or less and establishes procedures and criteria to be used by MEGA in approving projects for which total credits would be $200,000 or less (HB 4733, 4734; eff. 4/10/06)
• PA 110 Land use—enacts Michigan Zoning Enabling Act, which repeals the City and Village Zoning Act, the County Zoning Act, and the Township Zoning Act and, among other things, allows local government units to provide by zoning ordinance for regulation of land development, allows legislative bodies of local units to provide in zoning ordinance for completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures, requires each local unit to create a zoning commission, and establishes procedures for adoption of a zoning ordinance or amendments (HB 4398; eff. 7/1/06)
  
• PA 106 Insurance--requires that casualty insurance policies indicate that an insurer can refuse to renew a medical malpractice insurance policy only if the insurer gave the insured at least 60 days’ notice of the refusal to renew (HB 5256; eff. 4/7/06)
• PA 105 Acknowledement of Parentage Act--revises information required to be on
  acknowledgment of parentage form and specifies that signing form gives
  initial custody of minor child to mother without prejudice to court's determination
  of each parent's custodial rights (HB 4161; eff. 4/7/06)
• PA 97 Natural Resources and Environmental Protection Act--prohibits open-water disposal of contaminated dredge materials in state waters (SB 506; eff. 4/4/06)
• PA 88 Corrections–enacts Inmate Reimbursement to Municipalities Act to authorize
  municipality (city, village, or township located in county with a population of at least 1 million) to seek reimbursement from convicted inmate who is or was in municipal jail or in a county jail, for expenses the municipality incurred in relation to the person’s incarceration; civil action must be brought within 12 months after inmate’s release from municipal or county jail; municipality could be reimbursed up to $60 per day for cost of maintaining the inmate, up to $60 of per-day cost charged to municipality by a county for housing the inmate in county jail, the cost of providing medical treatment, prescription drugs, dental care, and other medical examinations or procedures, the cost of investigating the person’s financial status, and expenses involved in collecting payments; inmate who willfully refuses to cooperate with municipality seeking reimbursement could not receive reduction in his or her term under provision that allows jail inmate to receive reduction of one-fourth of his or her term, with court approval, if inmate’s conduct, diligence, and general attitude merit the reduction (SB 462; eff. 91st day after final adjournment)
  
• PA 85 Vehicle Code–establishes speeds that would be “prima facie unlawful” to exceed in business districts, in public parks, within land platted under Land Division Act, and on highway segments with specified numbers of driveways or intersections; designates 55-mile-per-hour speed limit on highways where another speed limit does not apply as “general speed limit”; designates various speed limits as “absolute speed limits” that supersede prima facie speed limits; increases minimum speed on freeways from 45 miles per hour (mph) to 55 mph (HB 5240; eff. 11/9/06)
  
• PA 84 Revised School Code--requires Michigan Department of State Police and Michigan Department of Education to ensure accuracy of school personnel conviction information and specifies that record prepared from comparison of school personnel with conviction
  information is exempt from Freedom of Information Act for 14 days, and limits availability of the information after that time (HB 5675; eff. 3/31/06)
• PA 81 Employment--increases minimum hourly wage beginning October 1, 2006 to $6.95, to $7.15 beginning July 1, 2007, and to $7.40 beginning July 1, 2008 (SB 318; eff. 3/28/06)
• PA 79 Code of Criminal Procedure--specifies that evidence of statement by declarant is admissible if all of the following apply: the statement purports to narrate, describe, or explain infliction or threat of physical injury upon declarant; the action in which evidence is offered is an offense involving domestic violence; statement was made at or near the time of the infliction or threat of physical
  injury; statement was made under circumstances that would indicate its trustworthiness; and statement was made to law enforcement officer or to firefighter, paramedic, or emergency medical technician who assisted declarant at or near time of infliction or threat of physical injury; evidence of statement made more than five years before filing of the action or proceeding is inadmissible; prosecuting attorney intending to offer evidence must disclose evidence to defendant at least 15 days before trial or later as allowed by court for good cause shown (SB 263; eff. 3/24/06)
• PA 78 Code of Criminal Procedure--provides that when defendant is accused of offense involving domestic violence, evidence of defendant’s commission of other acts of domestic violence is admissible for any purpose for which it is relevant, if the evidence is not otherwise excluded under Michigan Rule of Evidence 403; evidence of an act occurring more than 10 years before charged offense is inadmissible unless court determines that admitting evidence is in the interest of justice; prosecuting attorney intending to offer evidence must disclose evidence to defendant at least 15 days before trial, or later as allowed by court for good cause shown (SB 120; eff. 3/24/06)
• PA 77 Public Health Code--requires physician or qualified person assisting physician to perform an ultrasound on a patient before obtaining her consent to an abortion and give patient an opportunity to view active ultrasound image and receive a physical picture of it (HB 4446; eff. 3/24/06)
• PA 72 Business Corporation Act–amended to provide that, when one or more foreign corporations merge or enter into share exchange with one or more domestic corporations, each foreign corporation must comply with Section 1021 (amended applications) or 1035 (filing of information upon dissolution, termination, merger, or consolidation), if applicable, while under prior law only foreign corporations that owned at least 90% of a domestic subsidiary corporation and were merging with the subsidiary had to comply with those provisions, if applicable (HB 5315; eff. 3/20/06)
  
• PA 68 Business Corporation Act–amended to include in definition of “willfully unfair and oppressive conduct” by corporation the termination of employment or limitations on employment benefits to extent that the actions interfered with distributions or other shareholder interests disproportionately as to the affected shareholder; also allows corporation to give guarantees to domestic or foreign limited liability company (HB 5323; eff. 3/20/06)
  
• PA 67 Business Corporation Act--provides that shareholder’s abstaining from vote or submission of ballot marked “abstain” with respect to an action that requires authorization by vote of class or series would not be vote cast on that action, unless otherwise provided in articles of incorporation (HB 5320; eff. 3/20/06)
• PA 66 Business Corporation Act--provides that shareholder’s abstention from vote or submission of ballot marked “abstain” with respect to an action is not a vote cast on that action, unless otherwise provided in articles of incorporation (HB 5319; eff. 3/20/06)
• PA 65 Business Corporation Act--allows committee appointed by corporation’s board to create one or more subcommittees and to delegate all or part of its
  power or authority to a subcommittee, unless otherwise provided in a resolution of the board, the articles of incorporation, or the bylaws (HB 5318; eff. 3/20/06)
  
• PA 64 Business Corporation Act--requires that, unless otherwise provided, amendments to corporation’s articles of incorporation be proposed by the board (as well as approved by the shareholders) and allows board to condition its submission of an amendment on any basis (HB 5317; eff. 3/20/06)
• PA 63 Business Corporation Act--amends provision dealing with dissolving of companies to provide that dissolution depends, among other things, on proof that shareholders who have entered into an agreement authorized by MBCA section 488 are unable to agree on material matters respecting management of the corporation's affairs or are divided in voting power so as to be unable to elect successor directors, replacing a reference to shareholders acting under the corporation's articles of incorporation (HB 5316; eff. 3/20/06)
• PA 60, 61, 62 Michigan Penal Code--deletes current prohibitions against interfering with telegraph and telephone communications and establishes new prohibitions against interfering with any electronic medium of communication, including the Internet or a computer, computer program, computer system, or computer network, or a telephone (SB 1024; HB 5043, 5044; eff. 6/1/06)
  
• PA 58, 59 Solid waste--provides that person who knowingly violates statute prohibiting person from delivering to a landfill, or accepting for disposal in a landfill, municipal solid waste that was generated outside of the United States is guilty of felony punishable by imprisonment for up to two years and/or a fine of up to $5,000 (HB 5177, 5178; eff. 3/13/06)
• PA 57 Solid waste--prohibits a person from delivering for disposal in a landfill or incinerator municipal solid waste that was generated outside of the United States and prohibits a landfill or incinerator owner or operator from accepting for disposal municipal solid waste that was generated outside of the United States, provided that these prohibitions do not apply unless Congress enacts legislation authorizing them; prohibitions do not apply if delivery and acceptance of waste is pursuant to contract entered into before statute's effective date (HB 5176; eff. 3/13/06)
• PA 56 Solid Waste Management--requires court to order person to return solid waste to
  country in which it was generated, or pay to the State the cost of returning the waste, if
  the person violates a statute prohibiting person from delivering to a landfill, or accepting for disposal in a landfill, municipal solid waste that was generated outside of the United States, if Congress enacts legislation authorizing the prohibition (SB 783; eff. 3/13/06)
• PA 51 Child Care Licensing Act--requires each member of applicant’s household for foster family home or foster family group home license to submit medical statement to child placing agency or an approved governmental unit for each member of the household indicating that he or she does not have a known condition that would affect the care of a foster child; medical statement must be signed and dated by licensed physician, licensed physician’s assistant, or certified nurse practitioner licensed as a registered professional nurse (HB 5248; eff. 3/9/06)
  
• PA 49 Revised Judicature Act–allows certified nurse practitioner to perform physical examination for any individual ordered to submit to such an examination by a court, board or commission, or other public body (HB 5245; eff. 3/9/06)
  
• PA 48 School Code--provides for immunity to school administrator or employee who administered medication to a pupil according to instructions of physician’s assistant or certified nurse practitioner (HB 5331; eff. 3/9/06)
  
• PA 47 Business Corporation Act--allows corporations to provide
  shareholders that share common address with one copy of written notice or other written communication that the corporation is required or permitted to provide, if the shareholders do not object; also a corporation that has securities registered under the Securities and Exchange Act is not subject to the Business Corporation Act’s requirement that mailings be made by registered, certified, or other first-class mail, except as otherwise provided (HB 5321; eff 3/9/06)
  
• PA 46 Sex Offenders Registration Act--requires Department of State Police to notify, by electronic or computerized means, any member of public who subscribed in manner required by Department when person subject to publicly available compilation initially registered under the Act or changed his or her sex offender registration to a location that was in a zip code area designated by the subscribing member of the public (SB 128; eff. 1/1/07)
• PA 45 Association to purchase property for summer homes, camp meetings, and meetings and assemblies of various associations and societies–increases amount of land association may own or hold from 350 to 1,000 acres of land (SB 658; eff. 3/2/06)
• PA 44 Summer resort corporations--revises member approval requirements for board to set and collect annual dues and special assessments from its members (SB 751; eff. 3/2/06)
• PA 43 Torts–provides that immunity from liability for civil damages