Gas station credit card skimmer legislation reintroduced
Legislation to require certain security measures to combat credit card skimmers on motor fuel pumps was introduced as SB 228 on March 9. The Department of Agriculture and Rural Development requested the legislation, which mirrors legislation introduced last term. SB 228 would allow a gas station to meet the new security measures by utilizing one or more of the following options: customized pressure-sensitive tape, a device to render the pump inoperable if the panel is opened without authorization, a scanner device that encrypts payment information, or any other means approved by the department. MRA spoke with the bill sponsor, who indicated he was open to considering such additional security options as replacement of the locks on fuel pumps. The bill has bipartisan support and was referred to the Senate Agriculture Committee, where it is likely to come up for consideration soon.
MRA to nominate drone taskforce member
Public Act 436 of 2016 created an Unmanned Aerial Systems Task Force and requires MRA to nominate a member company that sells drones. The act takes effect April 4, 2017, and MRA must submit a nomination within 60 days (June 3, 2017).
The task force will consider commercial and private uses of unmanned aircraft systems, landowner and privacy rights, as well as general rules and regulations for safe operation of unmanned aircraft systems in order to prepare comprehensive recommendations for the safe and lawful operation of unmanned aircraft systems in this state. The taskforce must include recommendations regarding the protection of public and private property and the use of drones over public property. The report must be submitted to the governor and legislative transportation committees within three months of its first meeting. The taskforce will meet at least once every 18 months to consider any new developments and whether new recommendations are required. Initial members appointed to the task force will serve terms ranging from 1-3 years, and subsequent appointments will be four-year terms.
If your business sells drones and is interested in serving on the Unmanned Aerial Systems Task Force, please contact Amy Drumm at 517.327.8919 or adrumm@retailers.com.
Telehealth fix-it bill moving quickly
A bill that clarifies telehealth legislation from last year related to the prescribing of controlled substances is moving very quickly through the legislative process in an attempt to make necessary changes before the original act, PA 359 of 2016, takes effect on March 29. The Senate Health Policy Committee reported SB 213 on March 7, the Senate approved the bill unanimously on March 9, and the House Health Policy Committee approved an amended version on March 15. The bill clarifies that a health professional may prescribe a controlled substance only if the prescriber meets the requirements under the Public Health Code and remains available to provide or provides a local referral option for follow-up care information. The Senate added an amendment to clarify that only prescribers acting within the scope of his or her practice may prescribe a controlled substance. The Michigan Pharmacists Association testified in the House to express concerns about the potential for abuse related to opioid prescriptions. However, the association said those concerns could be addressed through the rule-making process. The legislation is now on the House floor.
Bill seeks medical exemptions from sales & use taxes
The Senate Finance Committee, in its first meeting of the year on Tuesday, took testimony on SB 91–92, which seek to exempt feminine hygiene products from Michigan’s sales and use tax. Committee members seemed supportive of the concept but had questions related to other, similar medically necessary items like diapers, incontinence products and urological supplies. The Michigan Department of Treasury testified in opposition, noting that as introduced, the legislation would result in a $6.1 million loss in annual sales tax revenue. The committee is scheduled to meet and continue discussion on the items next Tuesday, March 21. Similar legislation was referred to the House Tax Policy Committee earlier this year as HB 4128–4129 and HB 4310.
Other important items to note:
PHARMACY
- Pseudoephedrine limits: As expected, legislation that would set monthly and annual limits on the amount of pseudoephedrine an individual can purchase was reintroduced yesterday as HB 4373. The bill would reduce the current monthly limit of nine grams in a 30-day period to 7.2 grams per 30 days, an amount MRA and other groups successfully negotiated last term, and 61.2 grams annually. The legislation has bipartisan support and was referred to the House Law and Justice Committee.
REGULATIONS
- Motor vehicle parts dealers: The Senate unanimously reported legislation on Tuesday that makes technical fixes to a state law approved last year on used motor vehicles parts dealers. Public Act 112 of 2016 inadvertently affected scrap tire users, processors and haulers, creating duplicative record-keeping requirements. SB 158 seeks to remove the unintended duplicative reporting requirements without weakening the original intent of PA 112. The legislation was requested by the Michigan Department of Environmental Quality and was referred to the House Regulatory Reform Committee.
- Pavement sealant: Legislation to prohibit the use and sale of coal tar sealant or other high PAH sealant for pavement was introduced as HB 4309 on March 7. The bill was referred to the House Natural Resources Committee.
- Security guards: The Senate Regulatory Reform Committee on Wednesday approved legislation requested by the Security Guard Association that would require on-the-job and classroom training for contract security guards. SB 186–192 include various training requirements for contract security guards before they can use a weapon or restraint device and increase the fees to allow the Department of Licensing and Regulatory Affairs to perform the necessary background checks and enforcement. Under the current bills, the training requirements would not apply to loss prevention or security individuals employed directly by a retailer. The bills now head to the full Senate for approval.
OTHER
- Animal cruelty: Legislation enhancing penalties for cruelty to animals was introduced on March 8 as HB 4332–4333. The bills include exemptions MRA worked on in previous terms to clarify that tethering animals while being groomed is not considered animal cruelty. The bills were referred to the House Law and Justice Committee.
- Automobile theft prevention fee: The Senate Insurance Committee reported legislation yesterday that would expand the current $1/car Automobile Theft Prevention Authority (ATPA) fee charged on private, passenger vehicles to commercial vehicles, as well as vehicles insured for only part of the year. A 2015 Attorney General Opinion found that the ATPA could assess fees on all insured motor vehicles. SB 168 would allow the ATPA to begin assessing the $1 fee on all insured vehicles, including commercial vehicles.
- “Good Jobs for Michigan”: Legislation that would create the “Good Jobs for Michigan” program was introduced on Wednesday as SB 242–243. The bills would add $250 million in incentives for companies that create, at minimum, 250 jobs that pay above the regional average. The legislation would allow up to 15 awards per year. The bills were referred to the Senate Economic Development and International Investment Committee.
- Historic preservation: Legislation introduced yesterday as SB 250 would require Downtown Development Authorities (DDAs) to get approval before making changes to the exterior of historical sites. The bill was referred to the Senate Economic Development and International Investment Committee.
- Internet gaming: The Senate Regulatory Reform Committee on March 8 reported legislation that would legalize and regulate Internet gaming. Legislators claim the bills, SB 203–205, are designed to stop illegal activity and to generate revenue for the state.
- Probation/parolee work opportunity grant program: The House approved most of a package of criminal justice bills on March 8 but postponed action on SB 14, legislation that would provide incentives for businesses hiring ex-felons. The bill stalled after an amendment was added that would require a job to be posted and available for six months before the hiring of an ex-felon would qualify a business for an incentive grant. Some said the amendment gutted the original intent of the bill and would not truly act as a hiring incentive, which led to the bill failing to receive enough votes for passage.
