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Michigan Legislative Spotlight

Selected Michigan legislation through 2007 PA 221. Latest PAs received on January 2, 2008.
Portions of these summaries are reproduced with permission of the Michigan Legislative Council, Senate Fiscal Agency, or House Fiscal Agency.

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

2007

Legislative spotlight updates

  • PA 167 Criminal law--prohibits a person from entering or remaining without lawful authority on another person's farm property without consent of the owner, and specifies that a request to leave those premises would not be a necessary element of that violation; also increases the maximum fine for trespassing (SB 540; eff. 3/20/08)
  • PA 163 Criminal law--includes in criminal sexual conduct (CSC) offenses sexual penetration or sexual contact involving an employee, contractual service provider, or volunteer of a school, school district, or intermediate school district (ISD) in which the other person was enrolled or a public employee assigned to provide any service to
    a school, district, or ISD; and to include as first- or second-degree CSC sexual penetration or contact involving a special education student and a teacher, substitute teacher, administrator, employee, contractual service provider, volunteer, or assigned public employee (SB 386; eff. 7/1/2008)
  • PA 161 Public Health Code--adds Part 54B (Lead-Bearing Substances) to, among other things, prohibit a person from using or applying a lead-bearing substance in or on any children's jewelry in Michigan; prohibits a person from selling, offering for sale, or transferring in Michigan any children's jewelry that contained a lead-bearing substance; and provides for civil fines for first and subsequent offenses (HB 4132; eff. 3/20/08)
  • PA 160 Public Health Code--prohibits a person from selling or offering for sale or use in Michigan a lunch box that contains a lead-bearing substance; the prohibition does not apply to the sale of a collectible lunch box or any other lunch box no longer intended to be used to carry food or drink for human consumption (HB 4399; eff. 3/20/08)
  • PA 159 Public Health Code—adds Part 54C (Toxic Substances in Children's Products) to prohibit a person from using or applying a toxic substance in or on any toy or child care article in the State; and prohibits a person from selling, offering for sale, or transferring a toy or child care article containing a toxic substance in Michigan; these prohibitions do not apply to a collectible toy not marketed to or intended to be used by a minor (SB 174; eff. 3/20/08)
  • PA 158 State License Fee Act--increases the per-year license fee for a builder or contractor from $40 to $60 for one license cycle, and prescribes a $50 fee for subsequent years; creates the "Builder Enforcement Fund" and requires it to be used for the enforcement of Article 24 of the Occupation Code regarding unlicensed activity, and the prosecution of unlicensed practice (SB 453; eff. 6/1/2008)
  • PA 156 Revised Judicature Act--requires a court to notify Department of Labor and Economic Growth of the entry of a judgment for damages against a licensed residential builder for certain
    violations; and includes a violation of the Occupational Code's licensure and registration
    requirement as a crime for purposes of the seizure and forfeiture of the proceeds of a crime (SB 451; eff. 6/1/08)
  • PA 155, 157 Occupational Code (Residential builders)--establish increased criminal penalties for a person who operated as a residential builder or a residential maintenance and alteration contractor without a license; require a prelicensure course of study for applicants for an initial license and continuing competency requirements for licensed builders and contractors; provide that restitution would have to be required for any violation of the Code; allow the Department of Labor and Economic Growth, the Attorney General, and a county prosecutor to use forfeiture as a remedy; revise the time period to file a complaint against a licensed residential builder or contractor; and prohibit filing a lien on real property unless the person was licensed during the performance of the act or contract (SB 450; eff. 12/21/07)
  • PA 154 Income Tax Act--specifies that a deduction based on contributions to education savings accounts will be calculated on a per education savings account basis; states that amount calculated for each education savings account may not be less than zero; adjusts the maximum deduction allowed for certain retirement or pension benefits payable for life to a senior citizen; and adjusts the maximum deduction that a senior citizen may take for interest, dividends, and capital gains received in a tax year (HB 5139; eff. 12/20/07)
  • PA 153 Michigan Education Savings Program Act--amended to allow the program to consist of one or more savings plans providing different investment strategies and allowing account distributions (HB 5138; eff. 12/20/07)
  • PA 151, 152 Criminal law--provides for increased penalties for abuse of animals under certain circumstances (HB 4550, 4551; eff. 4/1/2008)
  • PA 150 Michigan Economic Growth Authority Act (MEGA)--specifies that an authorized business would be eligible for tax credits provided under the Michigan Business Tax (MBT) Act, in addition to credits provided under the Single Business Tax Act; authorizes MEGA to determine the eligibility of, and issue certificates to, qualified taxpayers for credits allowed under the MBT Act (SB 910; eff. 12/14/07)
  • PA 149 Public Health Code--provides, among other things, that beginning January 1, 2009, an individual may not tattoo, brand, or perform body-piercing on another individual unless the tattooing, branding, or body-piercing occurs at a licensed body art facility (SB 593; eff. 12/13/07)
  • PA 148 Sales and Use Tax--states that a person who provides one or more of the services subject to tax under MCL 205.93d must not collect the tax and is not liable for failure to collect the tax, and the Department of Treasury must not collect the tax or penalize a person for not collecting the tax ((SB 845; eff. 12/10/07)
  • PA 145 Michigan Business Tax (MBT)--imposes an annual surcharge on taxpayers equal to a percentage of their MBT liability; repeals Section 3d of the Use Tax Act (which extended the use tax to certain services) immediately after it took effect on December 1, 2007; increases the amount of total MBT revenue that will trigger refunds to taxpayers and deposits into the Budget Stabilization Fund; provides for a taxpayer's refund to be based on the amount of its surcharge in proportion to the surcharge imposed on all MBT payers; extends to financial institutions a credit equal to 0.37% of compensation in the State; and increases the amount of a credit available to certain eligible taxpayers (meeting criteria regarding retail and warehouse space, and the sale of specified retail products) (HB 5408; eff. 12/1/07)
  • PA 140 Jails--revises procedures for release of prisoners in a jail overcrowding emergency (HB 4725; eff. 2/11/08)
  • PA 139 Jails--amends jail overcrowding emergency powers act to allow a county or
    judicial circuit to adopt and implement a written county jail population management plan
    for the purpose of reducing or preventing chronic jail overcrowding (HB 4234; eff. 11/13/07)
  • PA 115-116 General Property Tax Act--maintains tax-exempt status of certain new personal property sold or leased by an existing eligible business to an acquiring eligible business; and extends the exemption to any new personal property leased or purchased by that business (SB 276, HB 5251; eff. 10/30/07)
  • PA 103 Use tax--clarifies that a person who acquires tangible personal property for an exempt use and who subsequently converts that property to a taxable use is liable for the use tax levied under the act (HB 4882; effective retroactive to September 30, 2002)
  • PA 95 State Employees' Retirement Act--suspends retirement allowance payments of a retiree under the act if the individual is reemployed by the State of Michigan directly or indirectly (including through third-party contracts (HB 4800; eff. 10/1/07)
  • PA 94 Income tax--increases tax rate to 4.35 percent on and after October 1, 2007, with scheduled reductions after October 1, 2011 (HB 5194; eff. 10/1/07)
  • PA 93 Use Tax--amended to tax use or consumption of specified services in same manner as tangible personal property is taxed (HB 5198; eff. 12/1/07)
  • PA 90 Michigan Business Tax Act--creates new deduction for businesses that realize an increase in their deferred tax liability due to the enactment of the new Michigan business tax (HB 5104; eff. 91st day after final adjournment of 2007 regular session)
  • PA 89 Criminal Procedure--specifies that evidence of the results of properly performed drug analysis field testing are admissible in preliminary examination solely to establish that substance tested was a controlled substance (HB 4228; eff. 12/29/07)
  • PA 87 Nonprofit Corporation Act--postpones until September 30, 2012 the sunset on $25 filing fee that must accompany the annual report of nonprofit corporations (HB 5257; eff. 9/30/07)
  • PA 86 Limited Liability Company Act--postpones until September 30, 2012 the sunset on $25 filing fee that must accompany the annual statement of resident agent and resident office (HB 5258; eff. 9/30/07)
  • PA 83 Business Corporation Act--postpones until September 30, 2012 the sunset on $25 filing fee that must accompany the annual report required of all domestic and foreign corporations (HB 4866; eff. 9/30/07)
  • PA 76 Department of State Police--amends fingerprinting law to extend until October 1, 2010,
    the authority of the Department to charge a $30 fee for processing fingerprints and completing a criminal record check; also gives the Department authority to assess a fee of $10 for processing and completing a name-based criminal record check, with a sunset date of October 1, 2010 (HB 4668; eff. 9/30/07)
  • PA 75 Natural Resources and Environmental Protection Act--postpones sunset on groundwater discharge fees, air emissions fees, solid waste program fees, and hazardous waste user charges until October 1, 2011 (HB 5242; eff. 9/30/07)
  • PA 74 Michigan Estate Recovery Program--enacted to permit State to collect assets from estates of certain Medicaid recipients as required by federal Social Security Act; estate recovery program activities include placing and recording liens on the property of Medicaid recipients; tracking the assets held by Medicaid recipients that would be subject to estate recovery; collecting the amounts subject to recovery from the estates of eligible recipients; and performing other actions necessary to administer the program effectively (SB 374; eff. 9/30/07)
  • PA 73 Estates and Protected Individuals Code--includes Medicaid payments subject to recovery under the Social Security Act in the order of priority of payment of claims and allowances from an estate (SB 204; eff 9/30/07)
  • PA 65 Business--permits city, village, or township clerks to waive application fee for a license and the renewal of a license to conduct going out of business and similar sales (HB 4673; eff. 9/28/07)
  • PA 64 Courts--postpones scheduled decrease in certain Court of Appeals motion fees from October 1, 2007, to October 1, 2012 (HB 4861; eff. 9/28/07)
  • PA 58 Register of deeds—provides that, unless otherwise required by state or federal law or a court order, if a record or file containing a Social Security number is reproduced for or by an individual at his or her request, the register of deeds may obscure or remove, or require the individual to obscure or remove, the first five digits of the Social Security number from the reproduction before he or she removes the reproduction from the office of the register of deeds; an individual whose Social Security number is contained in one or more instruments in a county's books of record may request that the register of deeds obscure or remove the first five digits of the number from copies made of those instruments by recording an affidavit identifying their liber and page (SB 303; eff. 9/12/07)
  • PA 57 Recording of deeds, mortgages, and instruments of record—provides that, unless otherwise required by state or federal law or a court order, a register of deeds cannot receive a judgment for recording unless the first five digits of any Social Security number appearing in or on the judgment are obscured or removed (SB 301; eff. 9/12/07)
  • PA 56 Recording of deeds, mortgages, and instruments of record—amends provision that prescribes conditions for the execution of instruments to be recorded in the register of deeds office to require that all or more than four digits of any Social Security number appearing in or on the instrument be obscured or removed unless required by state or federal law or a court order (SB 299; eff. 9/12/07)
  • PA 55 Register of deeds—states that if a register of deeds provides a person with a copy of an instrument from a book of records that contains a Social Security number, the register of deeds may obscure or remove the first five digits of the number from the copy before providing it; an individual whose Social Security number is contained in one or more instruments in a county's books of record may request that the register of deeds obscure or remove the first five digits of the number from copies made of those instruments by recording an affidavit identifying their liber and page; as used in this statute, "books" include a computerized recording system for instruments relating to the title of land (SB 298; eff. 9/12/07)
  • PA 54 Recording of affidavits offered to register of deeds for recording--prohibits register of deeds from receiving an affidavit stating facts relating to matters affecting real property for recording unless the first five digits of any Social Security number appearing in or on the affidavit were obscured or removed; this prohibition does not apply if state or federal law require all or more than four sequential digits of the number to appear (HB 4519; eff. 9/6/07)
  • PA 53 Recording of deeds, mortgages, and instruments of record--prohibits a register of deeds from receiving an instrument or reproduction of an instrument for recording unless the first five digits of any Social Security number appearing in or on the instrument or reproduction are obscured or removed; prohibition does not apply if state or federal law require all or more than four sequential digits of the number to appear; the prohibition applies beginning on the effective date, or, for an instrument or reproduction presented to a register of deeds by the Department of Treasury, April 1, 2008. (HB 4517; eff. 9/6/07)
  • PA 52 Election Law--among other changes, requires a statewide presidential primary election on January 29, 2008, and on the first, rather than the fourth, Tuesday in February in each subsequent presidential election year (SB 624; eff. 9/4/07)
  • PA 40 General Property Tax Act--exempts commercial and industrial personal property from local school property tax and state education property tax (HB 4372; eff. 1/1/08)
  • PA 39 Taxation--effectively exempts personal property taxed under the industrial facilities tax from the 6-mill state education tax and the 18-mill local school property tax (HB 4371; eff. 1/1/08)
  • PA 38 Taxation--exempts industrial personal property from the 6-mill state
    education tax (HB 4370; eff. 1/1/08)
  • PA 37 Taxation--exempts industrial personal property from the 18-mill local school property tax and commercial personal property from 12 mills of the 18-mill local school property tax (HB 4369; eff. 1/1/08)
  • PA 36 Michigan Business Tax Act--establishes a business income tax and a modified gross receipts tax, along with numerous tax credits, including both new tax credits and existing tax credits that would be carried over from the single business tax, which expires 12/31/07 (SB 94; eff. 1/1/08)
  • PA 35 No-fault insurance--prohibits automobile insurers from refusing to insure, refusing to continue to insure, limiting coverage available to, charging reinstatement fees for, or increasing premiums for automobile insurance solely because a person failed to maintain required insurance for vehicle he or she owned during six-month period immediately preceding application, if the person certifies that the lapse in coverage was because the person was on active duty in the U.S. Armed Forces for at least 30 consecutive days and the vehicle was not driven or moved during the six-month period immediately preceding application or during the period of time the insurance was not maintained, whichever is shorter (HB 4177; eff. 7/11/07)
  • PA 31 General Property Tax Act—allows solid waste fees in certain local tax collecting units to be treated as delinquent taxes under specified conditions and subject the property on which the taxes are assessed to forfeiture, foreclosure and sale for delinquent taxes (HB 4376; eff. 6/29/07)
  • PA 28 Construction Lien Act—restricts certain provisions regarding sworn statements and waivers to residential properties (SB 487; eff. 6/28/07)
  • PA 20 Code of Criminal Procedure—Sentencing Guidelines—recodifies some of the sentencing guidelines designations for various violations of the Michigan Penal Code (SB 344; eff. 6/19/07)
  • PA 14 Environmental protection—extends the sunset on a $750 fee for a determination that a person is exempt from liability after the completion of a baseline environmental assessment (BEA) from June 5, 2007 until September 30, 2013 (HB 4721; eff. 5/29/07)
  • PA 9 Social Welfare Act—amended to, among other things, require an individual to participate in assigned work-related activities once it is determined that he or she could be eligible for family independence assistance and is not exempt from Work First participation; establishes sunset date of September 30, 2011, on provision that provides for a 48-month cumulative limit on family independence assistance; and provides that family independence program benefits must be terminated if a recipient fails, without good cause, to comply with applicable child support requirements including efforts to establish paternity and to obtain child support (HB 4482; eff. 5/18/07)
  • PA 8 Boats and boating—amends Part 801 (Marine Safety) and Part 802 (Personal
    Watercraft) of the Natural Resources and Environmental Protection Act to specify that
    certain violations of the two parts are state civil infractions punishable by a fine of
    up to $500 (HB 4143; eff. 5/11/07)
  • PA 1 Certified public accountants—delays and phases-in the effective date of peer review requirements that apply to licensed firms and sole practitioners; also deletes requirement that an applicant for a CPA certificate have two years of qualifying experience, while retaining a
    requirement for one year of qualifying experience under the direction and supervision of
    a licensed CPA (SB 191, eff. 3/1/07)

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