Senate Legislation 2015-2016

2015-2016 Senate Enrolled Legislation - LARA

• Senate Bill 152 of 2015 - Amends multiple sections of the Michigan Unarmed Combat Regulatory Act of 2004 PA 402. Revises the responsibilities of the Michigan Unarmed Combat Commission (MUCC) and the Director of the Department of Licensing and Regulatory Affairs. The Department will regulate all professional boxing, professional or amateur mixed martial arts, and unarmed combat events conducted in Michigan. The bill revises and establishes regulations and requirements regarding events, licenses, inspectors, promoters, and drug testing. It also establishes new violations and penalties under the Act. (Tie-barred with House Bill 4286 of 2015 PA 184).
  PA 183 of 2015
   
• Senate Bills 492 and 493 of 2015 - Senate Bill 492 amends the Franchise Investment Law and Senate Bill 493 amends the Workers Disability Compensation Act of 1969.
  SB 492 - PA 266 of 2015
  SB 493 - PA 267 of 2015
   
• Senate Bill 64 - Amends the Public Health Code of 1978, PA 368, by revising the way in which LARA establishes compliance with, and standards for nursing homes, eliminating some of the department's responsibility and shifting that responsibility to the nursing home, themselves.
  PA 155 of 2015
   
• Senate Bills 65, 66, 67 - Amends the Public Health Code, PA 368 of 1978 to specify "medical treatment" in the definition of "nursing home" and allows for treatment be performed by an employee or independent contractor licensed or authorized to engage in a health profession under Part 170 *(Medicine) Part 175 (Osteopathic Medicine and Surgery) and Part 166 (Dentistry). Amends the Limited Liability Company Act, PA 23 of 1993 and the Business Corporation Act, PA 284 of 1972 to change the definition of "services in a learned profession" by providing an exception to services provided in a nursing home by a dentist, osteopathic physician, physician, or surgeon who is an employee or independent contractor of the nursing home.
  SB 65 - PA 156 of 2015
  SB 66 - PA 157 of 2015
  SB 67 - PA 158 of 2015
   
• Senate Bill 195 of 2015 - Amends section 17748 (6) of the Public Health Code of 1978, PA 368 by revising the fingerprint requirement and criminal history check for applicants for a new pharmacy, manufacturer or wholesale distribution license. Fingerprint requirement remains for individuals who are not a licensed health professional, or are licensed health professionals, but were licensed before 10/1/2008.
  PA 169 of 2015
   
• Senate Bill 372 of 2015 - Amends the Firefighters Training Council Act of 1966, PA 291 by allowing for firefighter reciprocity for out of state firefighters who meet or exceeds certain standards for firefighter I and/or II as set forth in "Standard for Firefighter Professional Qualifications:, National Fire Protection Association Standard (NFPA) No. 1001 by an international accredited fire service organization.
  PA 203 of 2015
   
• Senate Bill 221 of 2015 - Creates the Higher Education Authorization and Distance Education Reciprocal Exchange Act to allow Michigan colleges and universities to enter into reciprocity agreements with public colleges or universities in other states or a higher education compact agreement.
  PA 45 of 2015 
   
• Senate Bill 240 of 2015 - Amends the Michigan Liquor Control Code of 1998, PA 58 by adding in section 614a into the Code that prohibits a person from using or offering for use, processing, selling, or offering for sale powdered alcohol, except under certain limited conditions.
  PA 165 of 2015
   
• Senate Bill 271 of 2015 - Amends the Michigan Liquor Control Code, PA 58 of 1998, allowing on-premises licensees (hotels and restaurants that host weddings, banquets, and other types of private events), to offer hospitality packages to customers that include specific prices for both food and alcoholic beverages, and allow customers to know the cost of the event for the number of persons attending while not compromising the licensee's obligation to serve alcoholic beverages in a responsible manner. 
  PA 47 of 2015
   
• Senate Bill 468 of 2015 - Amends several sections of the Public Health Code of 1978 PA 368. Adjusts the pharmacy technician licensure requirements. The Act also mandates pharmacies that are licensed on September 30, 2014 need to be accredited by a national accrediting organization by September 30, 2016, rather than September 30, 2015. It also extends the time a temporary pharmacy technician license is valid from 210 days to 1 year. Allows the limited license pharmacy technician to work at any of the employer's licensed pharmacy locations in the state, if the employer has multiple licensed pharmacy locations. Exempts applicants from the requirement that they have graduated from high school or passed a GED test, if the applicant is a student in a pharmacy training program or applying for temporary or limited licensure.
  PA 133 of 2015
   
• Senate Bill 309 of 2015 - Amends the Condominium Act of 1978 Public Act 59. Requires a condominium subdivision plan's cover sheet to contain a notice about detailed project design plans along with a list of documents included in the subdivision plan. Requires a condominium subdivision plan's survey plan to be signed and sealed by a licensed professional surveyor who prepares the boundary survey for the project. The Act also includes the occupational titles of "licensed architect", "licensed professional surveyor" and "licensed professional engineer" to be consistent with the Occupational Code of 1980, PA 299.
  PA 170 of 2015
   
• Senate Bill 344 of 2015 - Amends the Michigan Liquor Control Code of 1998, PA 58, by allowing a person to apply for a SDM license without holding or applying for any other license; by allowing the holder of a SDD license to apply for a SDM license; and by allowing on-premises licensees and retailers to apply for a SDM license.
  PA 137 of 2016
   
• Senate Bill 592 of 2015 - Amends the Public Health Code of 1978, PA 368, by allowing a federally designated organ procurement organization (OPO) in the State of Michigan to procure human organs at a site other than a hospital or another facility as designated by LARA, as long as that site is operated by the OPO.
  PA 71 of 2016
   
• Senate Bill 656 of 2015 - Amends the Occupational Code of 1980, Act 299, by excluding from the definition of "collection agency" a forwarding agency that is acting on behalf of a creditor or lender, forwards a claim, collection, or repossession to a collection agency or to a person whose collection activities are excluded from the licensing under Article 9. 
  PA 167 of 2016
   
• Senate Bill 657 of 2015 - Amends the Regulation of Collection Practices of 1981, PA 70, by removing the terms "indirectly" and "soliciting a claim for collection or" from the definition of "collection agency".
  PA 168 of 2016
   
• Senate Bill 818 of 2016 - Amends the Proprietary Schools Act of 1943, PA 148, Section 1a to exclude from the term "proprietary school" a school or program within a school that exclusively provides yoga instruction, yoga teacher training, or both. 
  PA 146 of 2016
   
• Senate Bill 901 of 2016 - Amends the Michigan Liquor Control Code of 1998, PA 58, by including the 2016 United States Golf Association Amateur Championship in the definition of a "national sporting event".
  PA 180 of 2016
   
• Senate Bill 885 of 2016 - amends the Michigan Liquor Control Code of 1998, PA 58, by expanding the persons eligible for a nonpublic continuing care retirement center license to include a home for the aged license under Part 213 of the Public Health Code, 1978, PA 368.
  PA  328 of 2016
   
• Senate Bill 981 of 2016 - Amends the Michigan Liquor Control Code of 1998, PA 58, Section 525 by expanding the persons eligible for a conditional license to applicants or licensees requesting a transfer location of an existing retailer license other than specially designated distributor licenses (sale of spirits and mixed spirit drink for consumption off the licensed premises).
  PA 315 of 2016
   
• SB 26 of 2015 - Amends the Occupational Code of 1980, PA 299, modifying several sections in Article 26.  Modifies licensure requirements for real estate, specifically, the prelicensure and continuing education requirements. 
  PA 502 of 2016
   
• SB 213 of 2015 - Amends Section 61 of the Michigan Occupational Safety and Health Act of 1974, PA 154, removing the notification requirement in section 61 that would allow the employer to notify the Department within 8 hours of any hospitalization of 3 or more employees suffering injury from the same accident or illness from exposure to the same health hazard associated with their employment. Recently Federal OSHA revised their rules requiring employers to report all workplace related hospitalizations, amputations, injuries, and the loss of an eye in addition to fatality reporting.   Removes the requirement in section 61 in statute as it is the administrative rule that is enforced, not the provision contained in statute.  This will bring Michigan in line with Federal OSHA and the majority of state run OSHA programs in addressing provisions through administrative rule rather than by statute.
  PA  199 of 2015
   
• Senate Bill 316 of 2015 - Amends the Opens Meeting Act of 1976, PA 267, to exempt the Michigan Employment Relations Commission from the requirements of the Opens Meetings Act while deliberating on the merits of a case.
  PA 504 of 2016
   
• Senate Bill 746 and 747 of 2015 - Senate Bill 746 amends the Child Care Organizations Act of 1973, PA 116, and Senate Bill 747 amends the Michigan Penal Code of 1931, PA 328. The bill package would impose 2nd degree criminal child abuse to individuals who are licensed/registered under the "Child Care Licensing Act" if they were to intentionally violate the licensing rules for family and group child care homes and if the violation caused the death of a child.  (Tie-barred)
  SB 746 - PA 487 of 2016
  SB 747 - PA 488 of 2016
   
• Senate Bills 805 and 806 of 2016 - Senate Bill 805 amends the Public Health Code of 1978, PA 368 and Senate Bill 806 amends the Revised School School of 1976, PA 451.  Senate Bills 805 and 806 would allow an opioid antagonist be prescribed by a school board and administered by a school nurse or an individual trained by a nurse, in the case of an opioid-related overdoes in the school. 
  SB 805 - PA 384 of 2016
  SB 806 - PA 385 of 2016
   
• Senate Bill 833 of 2016 - Amends the Firefighters Training Council Act of 1966, PA 291, to change the definition of "Firefighter Training" to include several activities that training grants may be expended for.  Eliminates the Firefighter Training Fund and instead grants money for firefighter training and will come from the Fireworks Safety fund.  Gives the Fire Marshal the authority to deny requests to grant funding and redistribution of funds not meeting the requirements of the Firefighters Training Council Act.  In addition, provides any undesignated monies the council shall deposit directly into the Fireworks Safety Fund.
  PA 405 of 2016
   
• Senate Bill 929 of 2016 - Amends several sections in the Liquor Control Code of 1998, PA 58.  Amends sections, 525, 533, 539, 541, 543 to revise the eligibility requirements for issuance of a specialty designated merchant (SDM) license to an approved type business. Includes removing the prohibition of owning and operating motor vehicle fuel pumps in connection with an approved type business unless the specially designated license is located in a local government unit that meets certain population requirements. Establishes a quota for the issuance of a specially designed merchant (SDM) license. Creates the Liquor Control Enforcement and License Investigation revolving fund to be used for the enforcement of the Code, rules promulgated under the Code and the license investigations.
  PA 434 of 2016
   
• Senate Bill 954 of 2016 - Amends Section 2004 of the Occupational Code of 1980, PA 299, by consolidating current licensure requirements into a single section of Article 20 of the Occupational Code by removing reference to section 2005 and adding the requirements in section 2004.
  PA 435 of 2016
   
• Senate Bills 963 - 972 of 2016 - Repealing five separate acts administered by the Bureau of Construction Codes to streamline regulation in one Act - Skilled Trades Act - modeled after the current Occupational Code.  SB 964 - 971 update references to the repealed acts in various statutes and SB 972 establishes sentencing guidelines for violations of the Skilled Trades Regulation Act.  Clarifies the licensure fee exemptions for veterans established by PA 127 of 2014 and removes sunset dates on outdated fees.
  SB 963 - PA 407 of 2016
  SB 964 - PA 408 of 2016
  SB 965 - PA 409 of 2016
  SB 966 - PA 410 of 2016
  SB 967 - PA 411 of 2016
  SB 968 - PA 412 of 2016
  SB 969 - PA 413 of 2016
  SB 970 - PA 414 of 2016
  SB 971 - PA 415 of 2016
  SB 972 - PA 416 of 2016
   
• Senate Bill 973 of 2016 - Amends Section 537 of the Liquor Control Code of 1998, PA 58, to include a specially designed distributor (SDD) held in conjunction with a specially designated merchant (SDM) license as an eligible merchant to fill and sell growlers with beer for consumption of the licensed premises under certain conditions.
  PA 514 of 2016
   
• Senate Bill 554 and 555 of 2015 - SB 554 amends the Public Health Code of 1978, PA 368, by adding section 16206 and SB 555 amends section 210 of the Occupational Code of 1980, PA 299.  Together the bills allow the Department of Licensing and Regulatory Affairs (LARA) to streamline current processes by entering into agreements for electronic Continuing Education (CE) tracking systems with agencies outside of state government. 
  SB 554 -  PA 29 of 2016 
  SB 555 -  PA 30 of 2016
   
• Senate Bill 667 of 2015 - Amends section 609 of the Liquor Control Code of 1998, PA 58 to add permitted items to the list of goods and services that wholesalers and suppliers may provide to another licensee; to allow a manufacturer, outstate seller, or a vendor of spirits to provide brand logoed merchandise to an off premises and on-premises retailer for display purposes under certain conditions; to add a new section to provide for the manufacturers or wholesalers to file net cash prices and price reductions to retailers; and to add a new section to provide for vendor representatives, salespersons, manufacturers of beer, outstate sellers of beer, or wholesalers of beer to purchase 1 drink for a customer for promotional purposes and to maintain records of expenditures for each call on a retail licensee for 4 years.
  PA 81 of 2016
   
• Senate Bill 501 of 2015 - Amends section 302a of the Michigan Vehicle Code of 1949, PA 300, revising the conditions under which a nonresident who is licensed by another country may operate a vehicle in Michigan without obtaining a Michigan driver license.
  PA 138 of 2016
   
• Senate Bill 610 of 2015 - Amends the Condominium Act of 1978, PA 59, removing the automatic conversion of undeveloped land to common areas after 10 years and instead permits the association to vote to convert the land. 
  PA 233 of 2016
   
• Senate Bill 437 of 2015 - Amends several sections of the Michigan Public Service Commission Enabling Act of 1939, PA 3, relating to utility rate cases, integrated resource planning, electric choice and electric capacity resource adequacy.
  PA 341 of 2016
   
• Senate Bill 438 of 2015 - Amends several sections of the Clean, Renewable and Efficient Energy Act of 2008, PA 295, relating to renewable energy, energy waste reduction, and net metering/distributed generation, and allows regulated electric and gas utilities to implement on-bill financing programs.
  PA 342 of 2016
   
• Senate Bill 753 of  2016 - Amends the Public Health Code of 1978, PA 368, by adding in 6 sections;  16283, 16284, 16285, 16286, 16287, 16288 and 16289, requiring that a health professional obtain the patient's consent before providing telehealth services; prescribes certain standards for drug prescription and provision of telehealth services, authorizes the Department (LARA) to promulgate rules regarding telehealth; and define key terms. 
  PA 359 of 2016
   
• Senate Bill 1015 of 2016 - Amends the Public Health Code of 1978, PA 368, creating part 182A to  establish licensure requirements and scope of practice for behavior analysts (L.B.A.) and assistant behavior analysts (L.A.B.A.).. Licensure requirements will become effective one year after the effective date the rules are promulgated. (Tie-barred with SB 1016)
  PA 403 of 2016
   
• Senate Bill 1016 of 2016 - Amends the Public Health Code of 1978, PA 368, creating the Board of Behavior Analysts and specifies membership of nine voting members: four behavior analysts, one individual affiliated with a university in Michigan who provides instruction or conducts research in Applied Behavior analysis, one assistant behavior analyst, one physician licensed under Part 170 or 175, and two public members.  (Tie-barred with SB 1015)
  PA 404 of 2016
   
• Senate Bill 1025 of 2016 - Amends Section 1a of the Electrical Administrative Act of 1956, PA 217, modifying the definition of Fire Alarm Specialty Technician to allow them to prepare and submit shop drawings for fire alarm systems in order to obtain an electrical permit from the local jurisdictions and the Department (LARA).
  PA 406 of 2016
   
• Senate Bill 1087 of 2016 - Amends the Uniform Video Services Local Franchise Act of 2006, PA 480, to allow for the use of Public Utility Assessment dollars, the primary funding source for the Michigan Public Service Commission, to be used to fund the MPSC's administration of the Uniform Video Services Local Franchise Act.
  PA 438 of 2016
   
• Senate Bill 1088 of 2016 - Amends Section 203 of the Liquor Control Code of 1998, to allow a specially designated merchant (SDM) license to use a common carrier to deliver wine to a consumer under certain conditions.  It also allows a person that holds a (SDM) license and a person that holds a specially designated distributor (SDD) license to use a third party facilitator service by means of the internet or mobile application to facilitate the sale and/or delivery of beer, wine, or spirits to the home or designated location of a consumer on behalf of the retailer that holds the SDM or SDD licenses.   Provides third party facilitator service must be licensed by the Liquor Control Commission, are required to submit quarterly reports and maintain books, records, and documents supporting the quarterly reports for a period of 3 years. 
  PA 520 of 2016
   
• Senate Bills 1041 - 1044 of 2016 - Amends the Foster Care Facility Licensing Act of 1979, PA 218, Social Welfare Act of 1939, PA 280, Child Protection Law of 1975, PA 238 and the Child Care Licensing Act of 1973, PA 116.  The legislation allows for the release of confidential information and records between LARA and DHHS as deemed necessary for the proper functioning of the Departments.  SB 1043 also allows for confidential records to be disclosed to a children's advocacy center under certain conditions. 
  SB 1041 - PA 492 of 2016
  SB 1042 - PA 493 of 2016
  SB 1043 - PA 494 of 2016
  SB 1044 - PA 495 of 2016