STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Tuesday, June 4, 2019.
1:30 p.m.
The House was called to order by the Speaker
Pro Tempore.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis—present Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—present Koleszar—present Robinson—present
Allor—present Garza—present Kuppa—present Sabo—present
Anthony—present Gay-Dagnogo—present LaFave—present Schroeder—present
Bellino—present Glenn—present LaGrand—present Shannon—present
Berman—present Green—present Lasinski—present Sheppard—present
Bolden—present Greig—present Leutheuser—present Slagh—present
Bollin—present Griffin—present Liberati—present Sneller—present
Brann—present Guerra—present Lightner—present Sowerby—present
Brixie—present Haadsma—present Lilly—present Stone—present
Byrd—present Hall—present Love—present Tate—present
Calley—present Hammoud—present Lower—present VanSingel—present
Cambensy—present Hauck—present Maddock—present VanWoerkom—present
Camilleri—present Hernandez—present Manoogian—present Vaupel—present
Carter, B.—present Hertel—present Marino—present Wakeman—present
Carter, T.—present Hoadley—present Markkanen—present Warren—present
Chatfield—present Hoitenga—present Meerman—present Webber—present
Cherry—present Hood—present Miller—present Wendzel—present
Chirkun—present Hope—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—present
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present Inman—excused Peterson—present Wozniak—present
Elder—present Johnson, C.—present Pohutsky—present Yancey—present
Ellison—present Johnson, S.—present Rabhi—present Yaroch—present
Farrington—present Jones—present
e/d/s = entered during session
“At this appointed place and time, I RISE TO
GIVE HONOR TO THE HOLY FATHER, THE KING OF ALL ISRAEL to pray for the men and
women gathered in this place today.
Heavenly Father we thank You for all of Your
wonderful blessings in our lives. We come to You this day asking that You
impart upon these legislators the wisdom, understanding and compassion
necessary to perform their duties in the best interest of the citizens of the
state of Michigan, especially the disadvantaged and less fortunate. We ask that
You grant each one the courage necessary to stand for what is right even if it
means to stand alone. We sincerely ask that You grant this body of legislators
the spirit of compromise, that they can carry out the expectations of the
citizens so that the great state of Michigan will continue to be a place we all
can be proud of.
We asked these blessings in the name of the
Lord God of Israel.
Amen.”
______
The
Speaker Pro Tempore called Associate Speaker Pro Tempore Lilly to the Chair.
______
Rep.
Webber moved that Rep. Inman be excused from today’s session.
The
motion prevailed.
______
The
Speaker assumed the Chair.
Reports
of Standing Committees
The Committee on Ways and Means, by Rep. Iden, Chair, reported
House Bill No. 4451, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL
500.100 to 500.8302) by adding section 3406u.
With the recommendation that the substitute (H-1) be adopted and that
the bill then pass.
The bill and substitute were referred to the order of Second Reading of
Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Hertel
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
House Bill No. 4549, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the
protection of children through the licensing and regulation of child care
organizations; to provide for the establishment of standards of care for child
care organizations; to prescribe powers and duties of certain departments of
this state and adoption facilitators; to provide penalties; and to repeal acts
and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2017 PA
257.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Hertel
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
House Bill No. 4550, entitled
A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by
amending section 4 (MCL 722.874), as amended by 2015 PA 227.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Hertel
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
Senate Bill No. 239, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending
section 1803 (MCL 339.1803).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Hertel
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Iden, Chair, of the Committee on
Ways and Means, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle,
Wentworth, Warren, Byrd and Hertel
Absent: Rep. Neeley
Excused: Rep. Neeley
Second
Reading of Bills
A bill
to amend 1980 PA 299, entitled “Occupational code,” by amending section 1803
(MCL 339.1803).
The
bill was read a second time.
Rep. Webber moved to amend the bill as follows:
1. Amend page 2, line 16, by striking out all of enacting section 1.
Rep.
Webber moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep.
Webber moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
Senate Bill No. 239, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending
section 1803 (MCL 339.1803).
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 106 Yeas—109
Afendoulis Filler Kahle Reilly
Albert Frederick Kennedy Rendon
Alexander Garrett Koleszar Robinson
Allor Garza Kuppa Sabo
Anthony Gay-Dagnogo LaFave Schroeder
Bellino Glenn LaGrand Shannon
Berman Green Lasinski Sheppard
Bolden Greig Leutheuser Slagh
Bollin Griffin Liberati Sneller
Brann Guerra Lightner Sowerby
Brixie Haadsma Lilly Stone
Byrd Hall Love Tate
Calley Hammoud Lower VanSingel
Cambensy Hauck Maddock VanWoerkom
Camilleri Hernandez Manoogian Vaupel
Carter, B. Hertel Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley Whiteford
Cole Howell O’Malley Whitsett
Coleman Huizenga Pagan Wittenberg
Crawford Iden Paquette Witwer
Eisen Johnson,
C. Peterson Wozniak
Elder Johnson,
S. Pohutsky Yancey
Ellison Jones Rabhi Yaroch
Farrington
Nays—0
In The Chair: Chatfield
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An
act to revise, consolidate, and classify the laws of this state regarding the
regulation of certain occupations and to regulate certain persons and
activities relative to those occupations; to create a board for each of those
occupations; to establish the powers and duties of certain departments and
agencies and the boards of each occupation; to provide for the promulgation of
rules; to provide for certain fees; to provide for penalties and civil fines;
to establish rights, relationships, and remedies of certain persons under
certain circumstances; to provide immunity from certain civil liability for
certain entities and certain related occupations under certain circumstances;
to repeal certain parts of this act on a specific date; and to repeal certain
acts and parts of acts,”
The
House agreed to the full title.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The
Speaker called the Speaker Pro Tempore to the Chair.
By
unanimous consent the House returned to the order of
Messages
from the Senate
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by
amending sections 150, 2105, 2108, 2118, 2120, 3101, 3101a, 3104, 3107, 3111,
3112, 3113, 3114, 3115, 3135, 3142, 3148, 3157, 3163, 3172, 3173a, 3174, 3175,
and 3177 (MCL 500.150, 500.2105, 500.2108, 500.2118, 500.2120, 500.3101,
500.3101a, 500.3104, 500.3107, 500.3111, 500.3112, 500.3113, 500.3114,
500.3115, 500.3135, 500.3142, 500.3148, 500.3157, 500.3163, 500.3172,
500.3173a, 500.3174, 500.3175, and 500.3177), section 150 as amended by 1992 PA
182, section 2108 as amended by 2015 PA 141, sections 2118 and 2120 as amended
by 2007 PA 35, section 3101 as amended by 2017 PA 140, section 3101a as amended
by 2018 PA 510, section 3104 as amended by 2002 PA 662, section 3107 as amended
by 2012 PA 542, section 3113 as amended by 2016 PA 346, section 3114 as amended
by 2016 PA 347, section 3135 as amended by 2012 PA 158, section 3163 as
amended by 2002 PA 697, sections 3172, 3173a, 3174, and 3175 as amended by 2012
PA 204, and section 3177 as amended by 1984 PA 426, and by adding sections 261,
1245, 2116b, 3107c, 3107d, 3107e, 3157a, and 3157b and chapter 63.
The Senate has substituted (S-1) the
bill.
The Senate has passed the bill as substituted (S-1),
ordered that it be given immediate effect and amended the title to read as
follows:
A bill to amend 1956 PA 218, entitled “An act to revise, consolidate,
and classify the laws relating to the insurance and surety business; to
regulate the incorporation or formation of domestic insurance and surety
companies and associations and the admission of foreign and alien companies and
associations; to provide their rights, powers, and immunities and to prescribe
the conditions on which companies and associations organized, existing, or
authorized under this act may exercise their powers; to provide the rights,
powers, and immunities and to prescribe the conditions on which other persons,
firms, corporations, associations, risk retention groups, and purchasing groups
engaged in an insurance or surety business may exercise their powers; to
provide for the imposition of a privilege fee on domestic insurance companies
and associations and the state accident fund; to provide for the imposition of
a tax on the business of foreign and alien companies and associations; to
provide for the imposition of a tax on risk retention groups and purchasing
groups; to provide for the imposition of a tax on the business of surplus line
agents; to provide for the imposition of regulatory fees on certain insurers;
to provide for assessment fees on certain health maintenance organizations; to
modify tort liability arising out of certain accidents; to provide for limited
actions with respect to that modified tort liability and to prescribe certain
procedures for maintaining those actions; to require security for losses
arising out of certain accidents; to provide for the continued availability and
affordability of automobile insurance and homeowners insurance in this state
and to facilitate the purchase of that insurance by all residents of this state
at fair and reasonable rates; to provide for certain reporting with respect to
insurance and with respect to certain claims against uninsured or self-insured
persons; to prescribe duties for certain state departments and officers with
respect to that reporting; to provide for certain assessments; to establish and
continue certain state insurance funds; to modify and clarify the status,
rights, powers, duties, and operations of the nonprofit malpractice insurance
fund; to provide for the departmental supervision and regulation of the
insurance and surety business within this state; to provide for regulation over
worker’s compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an
automobile theft prevention authority to reduce the number of automobile thefts
in this state; to prescribe the powers and duties of the automobile theft
prevention authority; to provide certain powers and duties upon certain
officials, departments, and authorities of this state; to provide for an
appropriation; to repeal acts and parts of acts; and to provide penalties for
the violation of this act,” by amending sections 3009, 3109a, 3111, 3116, 3135,
and 3151 (MCL 500.3009, 500.3109a, 500.3111, 500.3116, 500.3135, and 500.3151),
section 3009 as amended by 2016 PA 346, section 3109a as amended by 2012
PA 454, and section 3135 as amended by 2012 PA 158, and by adding sections
2111f, 3107c, and 3107d.
The Speaker announced that pursuant to Rule 42, the bill was laid over
one day.
Rep.
Webber moved that Rule 42 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The
question being on concurring in the substitute (S-1) made to the bill by the
Senate,
Rep. Robinson moved to amend the Senate substitute (S-1) as follows:
1. Amend
page 1, following “THE PEOPLE OF THE
STATE OF MICHIGAN ENACT:”, by inserting:
“Sec.
2111. (1) Notwithstanding any provision of this act or this chapter to the
contrary, classifications and territorial base rates used by an insurer in this
state with respect to automobile insurance or home insurance shall must conform to the applicable
requirements of this section.
(2) Classifications established
under this section for automobile insurance shall must be based only on 1 or more of the following factors,
which shall must be applied
by an insurer on a uniform basis throughout this state:
(a) With respect to all automobile
insurance coverages:
(i) Either the age of the driver; the length of driving experience;
or the number of years licensed to operate a motor vehicle.
(ii) Driver primacy, based on the proportionate use of each vehicle
insured under the policy by individual drivers insured or to be insured under
the policy.
(iii) Average miles driven weekly, annually, or both.
(iv) Type of use, such as business, farm, or pleasure use.
(v) Vehicle characteristics, features, and options, such as engine
displacement, ability of the vehicle and its equipment to protect passengers
from injury, and other similar items, including vehicle make and model.
(vi) Daily or weekly commuting mileage.
(vii) Number of cars insured by the insurer or number of licensed
operators in the household. However, number of licensed operators shall must not be used as an indirect measure
of marital status.
(viii) Amount of insurance.
(b) In addition to the factors
prescribed in subdivision (a), with respect to personal protection insurance
coverage:
(i) Earned income.
(ii) Number of dependents of income earners insured under the
policy.
(iii) Coordination of benefits.
(iv) Use of a safety belt.
(c) In addition to the factors
prescribed in subdivision (a), with respect to collision and comprehensive
coverages:
(i) The anticipated cost of vehicle repairs or replacement, which
may be measured by age, price, cost new, or value of the insured automobile,
and other factors directly relating to that anticipated cost.
(ii) Vehicle make and model.
(iii) Vehicle design characteristics related to vehicle
damageability.
(iv) Vehicle characteristics relating to automobile theft prevention
devices.
(d) With respect to all automobile
insurance coverage other than comprehensive, successful completion by the
individual driver or drivers insured under the policy of an accident prevention
education course that meets the following criteria:
(i) The course shall must
include a minimum of 8 hours of classroom instruction.
(ii) The course shall must
include, but not be limited to, a review of all of the following:
(A) The effects of aging on
driving behavior.
(B) The shapes, colors, and types
of road signs.
(C) The effects of alcohol and
medication on driving.
(D) The laws relating to the
proper use of a motor vehicle.
(E) Accident prevention measures.
(F) The benefits of safety belts
and child restraints.
(G) Major driving hazards.
(H) Interaction with other highway
users, such as motorcyclists, bicyclists, and pedestrians.
(3) Each insurer shall establish a
secondary or merit rating plan for automobile insurance, other than
comprehensive coverage. A secondary or merit rating plan required under this
subsection shall must provide
for premium surcharges for any or all coverages for automobile
insurance, other than comprehensive coverage, based upon on any or all of the following,
when that information becomes available to the insurer:
(a) Substantially at-fault
accidents.
(b) Convictions for,
determinations of responsibility for civil infractions for, or findings of
responsibility in probate court for civil infractions for violations under
chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to
257.750. However, an insured shall must
not be merit rated for a civil infraction under chapter VI of the Michigan
vehicle code, 1949 PA 300, MCL 257.601 to 257.750, for a period of time longer
than that which the secretary of state’s office carries points for that
infraction on the insured’s motor vehicle record.
(4) An insurer shall not establish
or maintain rates or rating classifications for automobile insurance based on sex
or marital any of the following:
(a)
Sex.
(b)
Marital status.
(c)
Home ownership.
(d)
Educational level attained.
(e)
Occupation.
(f)
The postal zone in which the insured resides.
(g)
Credit score, consumer or credit information or data, insurance score, or
credit report.
(5) Notwithstanding
other provisions of this chapter, automobile insurance risks may be grouped by
territory.
(6) This section does not limit
insurers or rating organizations from establishing and maintaining statistical
reporting territories. This section does not prohibit an insurer from
establishing or maintaining, for automobile insurance, a premium discount plan
for senior citizens in this state who are 65 years of age or older, if the plan
is uniformly applied by the insurer throughout this state. If an insurer has
not established and maintained a premium discount plan for senior citizens, the
insurer shall offer reduced premium rates to senior citizens in this state who
are 65 years of age or older and who drive less than 3,000 miles per year,
regardless of statistical data.
(7) Classifications established
under this section for home insurance other than inland marine insurance
provided by policy floaters or endorsements shall must be based only on 1 or more of the following factors:
(a) Amount and types of coverage.
(b) Security and safety devices,
including locks, smoke detectors, and similar, related devices.
(c) Repairable structural defects
reasonably related to risk.
(d) Fire protection class.
(e) Construction of structure,
based on structure size, building material components, and number of units.
(f) Loss experience of the
insured, based on prior claims attributable to factors under the control of the
insured that have been paid by an insurer. An insured’s failure, after written
notice from the insurer, to correct a physical condition that presents a risk
of repeated loss shall be considered is a factor under the control of the insured for purposes of this
subdivision.
(g) Use of smoking materials
within the structure.
(h) Distance of the structure from
a fire hydrant.
(i) Availability of law
enforcement or crime prevention services.
(8) Notwithstanding other
provisions of this chapter, home insurance risks may be grouped by territory.
(9) An insurer may use factors in
addition to those permitted by this section for insurance if the plan is
consistent with the purposes of this act and reflects reasonably anticipated
reductions or increases in losses or expenses.”.
The
question being on the adoption of the amendment offered by Rep. Robinson,
Rep.
Robinson demanded the yeas and nays.
The demand was not supported.
The
question being on the adoption of the amendment offered by Rep. Robinson,
The
amendment was not adopted, a majority of the members serving not voting
therefor.
Rep. Cynthia Johnson moved to amend the Senate substitute (S-1) as
follows:
1. Amend
page 1, following “THE PEOPLE OF THE
STATE OF MICHIGAN ENACT:”, by inserting:
“Sec.
2111. (1) Notwithstanding any provision of this act or this chapter to the
contrary, classifications and territorial base rates used by an insurer in this
state with respect to automobile insurance or home insurance shall must conform to the applicable
requirements of this section.
(2) Classifications established
under this section for automobile insurance shall must be based only on 1 or more of the following factors,
which shall must be applied
by an insurer on a uniform basis throughout this state:
(a) With respect to all automobile
insurance coverages:
(i) Either the age of the driver; the length of driving experience;
or the number of years licensed to operate a motor vehicle.
(ii) Driver primacy, based on the proportionate use of each vehicle
insured under the policy by individual drivers insured or to be insured under
the policy.
(iii) Average miles driven weekly, annually, or both.
(iv) Type of use, such as business, farm, or pleasure use.
(v) Vehicle characteristics, features, and options, such as engine
displacement, ability of the vehicle and its equipment to protect passengers
from injury, and other similar items, including vehicle make and model.
(vi) Daily or weekly commuting mileage.
(vii) Number of cars insured by the insurer or number of licensed
operators in the household. However, number of licensed operators shall must not be used as an indirect measure
of marital status.
(viii) Amount of insurance.
(b) In addition to the factors prescribed in subdivision (a), with
respect to personal protection insurance coverage:
(i) Earned income.
(ii) Number of dependents of
income earners insured under the policy.
(iii) Coordination of
benefits.
(iv) Use of a safety belt.
(c) In addition to the factors prescribed in subdivision (a), with
respect to collision and comprehensive coverages:
(i) The anticipated cost of
vehicle repairs or replacement, which may be measured by age, price, cost new,
or value of the insured automobile, and other factors directly relating to that
anticipated cost.
(ii) Vehicle make and model.
(iii) Vehicle design
characteristics related to vehicle damageability.
(iv) Vehicle characteristics
relating to automobile theft prevention devices.
(d) With respect to all automobile insurance coverage other than
comprehensive, successful completion by the individual driver or drivers
insured under the policy of an accident prevention education course that meets
the following criteria:
(i) The course shall must include a minimum of 8 hours of
classroom instruction.
(ii) The course shall must include, but not be limited to, a
review of all of the following:
(A) The effects of aging on driving behavior.
(B) The shapes, colors, and types of road signs.
(C) The effects of alcohol and medication on driving.
(D) The laws relating to the proper use of a motor vehicle.
(E) Accident prevention measures.
(F) The benefits of safety belts and child restraints.
(G) Major driving hazards.
(H) Interaction with other highway users, such as motorcyclists,
bicyclists, and pedestrians.
(3) Each insurer shall establish a secondary or merit rating plan for
automobile insurance, other than comprehensive coverage. A secondary or merit
rating plan required under this subsection shall must provide for premium surcharges for any or all coverages
for automobile insurance, other than comprehensive coverage, based upon on any or all of the following,
when that information becomes available to the insurer:
(a) Substantially at-fault accidents.
(b) Convictions for, determinations of
responsibility for civil infractions for, or findings of responsibility in
probate court for civil infractions for violations under chapter VI of the
Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750. However, an
insured shall must not be
merit rated for a civil infraction under chapter VI of the Michigan
vehicle code, 1949 PA 300, MCL 257.601 to 257.750, for a period of time longer
than that which the secretary of state’s office carries points for that
infraction on the insured’s motor vehicle record.
(4) An insurer shall not establish or maintain rates or rating
classifications for automobile insurance based on sex or marital any of the following:
(a) Sex.
(b) Marital status.
(c) Home ownership.
(d) Educational level attained.
(e) Occupation.
(f) The postal zone or other
territory in which the insured resides.
(g) Credit score as provided in
section 2162.
(5) Notwithstanding other
provisions of this chapter, automobile insurance risks may be grouped by
territory.
(5) (6)
This section does not limit insurers or rating organizations from
establishing and maintaining statistical reporting territories. This section
does not prohibit an insurer from establishing or maintaining, for automobile
insurance, a premium discount plan for senior citizens in this state who are 65
years of age or older, if the plan is uniformly applied by the insurer
throughout this state. If an insurer has not established and maintained a
premium discount plan for senior citizens, the insurer shall offer reduced
premium rates to senior citizens in this state who are 65 years of age or older
and who drive less than 3,000 miles per year, regardless of statistical data.
(6) (7)
Classifications established under this section for home insurance other
than inland marine insurance provided by policy floaters or endorsements shall
must be based only on 1 or more
of the following factors:
(a) Amount and types of coverage.
(b) Security and safety devices, including locks, smoke detectors, and
similar, related devices.
(c) Repairable structural defects reasonably related to risk.
(d) Fire protection class.
(e) Construction of structure, based on structure
size, building material components, and number of units.
(f) Loss experience of the insured, based on prior claims attributable
to factors under the control of the insured that have been paid by an insurer.
An insured’s failure, after written notice from the insurer, to correct a
physical condition that presents a risk of repeated loss shall be considered
is a factor under the control of
the insured for purposes of this subdivision.
(g) Use of smoking materials within the structure.
(h) Distance of the structure from a fire hydrant.
(i) Availability of law enforcement or crime prevention services.
(7) (8)
Notwithstanding other provisions of this chapter, home insurance risks
may be grouped by territory.
(8) (9)
An insurer may use factors in addition to those permitted by this
section for insurance if the plan is consistent with the purposes of this act
and reflects reasonably anticipated reductions or increases in losses or
expenses.”.
Rep. Pohutsky moved to amend the Senate substitute (S-1) as follows:
1. Amend page 4, line 3, after the first “to” by striking out “(12)” and inserting “(6)”.
2. Amend page 24, following line
3, by inserting:
“Sec. 3157. (1) A Subject to subsections (2) to (6), a physician, hospital, clinic, or other person or medical institution that lawfully rendering renders treatment to an injured person
for an accidental bodily injury covered by personal protection insurance, and
a person or institution including,
but not limited to, providing rehabilitative occupational training following
the injury, may charge a reasonable amount for the products, services, and or accommodations rendered. The charge shall must not exceed the amount the person or
institution customarily charges for like products, services, and or accommodations in cases that
do not involving involve insurance.
(2) Except as otherwise provided
in subsections (3) and (4), after January 1, 2020, a person, including a
hospital, clinic, or other medical institution, that lawfully renders products,
services, or accommodations to an injured person for an accidental bodily
injury covered by personal protection insurance is entitled to be paid for the
services at 200% of the maximum amount payable under Medicare.
(3) Subsection (2) only limits
the dollar amount payable for products, services, or accommodations, and does
not limit the scope or duration of products, services, or accommodations that
are allowable expenses payable as personal protection benefits under section
3107(1)(a).
(4) A person that renders
products, services, or accommodations may, at its sole discretion, charge and
accept payment in an amount that is less than the amount provided under
subsection (2).
(5) Subsections (2) to (4) and
(6) apply to motor vehicle accidents that occur after January 1, 2020.
(6) As used in this section:
(a) “Medicare” means subchapter
XVIII of the social security act, 42 USC 1395 to 1395lll.
(b) “Products, services, or
accommodations” means those products, services, or accommodations under section
3107(1)(a) that are specifically described and monetarily quantified to be
greater than zero under rates of reimbursement under Medicare. A product,
service, or accommodation not specifically described or monetarily quantified
to be greater than zero under rates of reimbursement under Medicare is subject
to the requirements of section 3107(1)(a).”.
Rep. Lasinski moved to amend the Senate substitute (S-1) as follows:
1. Amend page 24, following line 3, by inserting:
“Sec. 3172. (1) A person
entitled to claim because of accidental bodily injury arising out of the
ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle
in this state may obtain claim personal
protection insurance benefits through the assigned claims plan if no any of the following apply:
(a) No personal
protection insurance is applicable to the injury. , no
(b) No personal
protection insurance applicable to the injury can be identified. , the
(c) No personal
protection insurance applicable to the injury cannot can be ascertained because of a dispute
between 2 or more automobile insurers concerning their obligation to provide
coverage or the equitable distribution of the loss. , or the
(d) The only
identifiable personal protection insurance applicable to the injury is, because
of financial inability of 1 or more insurers to fulfill their obligations,
inadequate to provide benefits up to the maximum prescribed. In that case,
unpaid
(2) Unpaid benefits
due or coming due as described in
subsection (1) may be collected under the assigned claims plan, and the insurer to which the claim is
assigned is entitled to reimbursement from the defaulting insurers to the
extent of their financial responsibility.
(3) A person entitled to claim
personal protection insurance benefits through the assigned claims plan under
subsection (1) shall file a completed application on a claim form provided by
the Michigan automobile insurance placement facility and provide reasonable
proof of loss to the Michigan automobile insurance placement facility. The
Michigan automobile insurance placement facility or an insurer assigned to
administer a claim on behalf of the Michigan automobile insurance placement
facility under the assigned claims plan shall specify in writing the materials
that constitute a reasonable proof of loss within 60 days after receipt by the
Michigan automobile insurance placement facility of an application that
complies with this subsection.
(4)
The Michigan automobile insurance placement facility or an insurer assigned to
administer a claim on behalf of the Michigan automobile insurance placement
facility under the assigned claims plan is not required to pay interest in
connection with a claim for any period of time during which the claim is
reasonably in dispute.
(5) (2) Except as otherwise provided in this subsection,
personal protection insurance benefits, including benefits arising from
accidents occurring before March 29, 1985, payable through the assigned claims
plan shall must be reduced to
the extent that benefits covering the same loss are available from other
sources, regardless of the nature or number of benefit sources available and
regardless of the nature or form of the benefits, to a person claiming personal
protection insurance benefits through the assigned claims plan. This subsection
only applies if the personal protection insurance benefits are payable through
the assigned claims plan because no personal protection insurance is
applicable to the injury, no personal protection insurance applicable to the
injury can be identified, or the only identifiable personal protection
insurance applicable to the injury is, because of financial inability of 1 or
more insurers to fulfill their obligations, inadequate to provide benefits up
to the maximum prescribed. under
subsection (1)(a), (b), or (d). As used in this subsection, “sources” and “benefit
sources” do not include the program for medical assistance for the medically
indigent under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, or insurance
under the health insurance for the aged act, title and disabled under subchapter XVIII of
the social security act, 42 USC 1395 to 1395kkk-1.1395lll.
(6) (3) If the obligation to provide personal protection
insurance benefits cannot be ascertained because of a dispute between 2 or more
automobile insurers concerning their obligation to provide coverage or the
equitable distribution of the loss, and if a method of voluntary payment of
benefits cannot be agreed upon among or between the disputing insurers, all of
the following apply:
(a) The insurers who are parties
to the dispute shall, or the claimant may, immediately notify the Michigan
automobile insurance placement facility of their inability to determine their
statutory obligations.
(b) The claim shall be assigned
by the Michigan automobile insurance placement facility shall assign the claim to an insurer
and the insurer shall immediately provide personal protection insurance
benefits to the claimant or claimants entitled to benefits.
(c) An action The insurer assigned the claim by the
Michigan automobile insurance placement facility shall be immediately
commenced commence an action on
behalf of the Michigan automobile insurance placement facility by the
insurer to whom the claim is assigned in circuit court to declare the
rights and duties of any interested party.
(d) The insurer to whom the claim is
assigned shall join as parties defendant to the action commenced under
subdivision (c) each insurer disputing either the obligation to provide
personal protection insurance benefits or the equitable distribution of the
loss among the insurers.
(e) The circuit court shall
declare the rights and duties of any interested party whether or not other
relief is sought or could be granted.
(f) After hearing the action, the
circuit court shall determine the insurer or insurers, if any, obligated to
provide the applicable personal protection insurance benefits and the equitable
distribution, if any, among the insurers obligated, and shall order
reimbursement to the Michigan automobile insurance placement facility from the
insurer or insurers to the extent of the responsibility as determined by the
court. The reimbursement ordered under this subdivision shall must include all benefits and costs
paid or incurred by the Michigan automobile insurance placement facility and
all benefits and costs paid or incurred by insurers determined not to be
obligated to provide applicable personal protection insurance benefits,
including reasonable, actually incurred attorney fees and interest at
the rate prescribed in section 3175 as of applicable on December 31 of the year preceding the determination
of the circuit court.
(7)
After July 1, 2020, the Michigan automobile insurance placement facility and
the insurer to whom a claim is assigned by the Michigan automobile insurance
placement facility are only required to provide personal protection insurance
benefits under section 3107(1)(a) up to whichever of the following is
applicable:
(a)
Unless subdivision (b) applies, the limit provided in section 3107c(1)(b).
(b)
If the person is entitled to claim benefits under the assigned claims plan
under section 3107d(6)(c) or 3109a(2)(d)(ii),
$2,000,000.00.”.
The
question being on concurring in the substitute (S-1) made to the bill by the
Senate,
The substitute (S-1) was concurred in, a majority of the members serving
voting therefor, by yeas and nays, as follows:
Roll Call No. 107 Yeas—89
Afendoulis Filler Johnson, S. Reilly
Albert Frederick Kahle Rendon
Alexander Garrett Kennedy Sabo
Allor Garza Koleszar Schroeder
Bellino Glenn Kuppa Shannon
Berman Green LaFave Sheppard
Bollin Greig Leutheuser Slagh
Brann Griffin Liberati Sowerby
Byrd Guerra Lightner Tate
Calley Haadsma Lilly VanSingel
Cambensy Hall Love VanWoerkom
Camilleri Hammoud Lower Vaupel
Carter, B. Hauck Maddock Wakeman
Carter, T. Hernandez Manoogian Webber
Chatfield Hertel Marino Wendzel
Chirkun Hoadley Markkanen Wentworth
Clemente Hoitenga Meerman Whiteford
Cole Hope Miller Whitsett
Coleman Hornberger Mueller Witwer
Crawford Howell O’Malley Wozniak
Eisen Huizenga Paquette Yancey
Elder Iden Pohutsky Yaroch
Farrington
Nays—20
Anthony Gay-Dagnogo Lasinski Robinson
Bolden Hood Neeley Sneller
Brixie Johnson,
C. Pagan Stone
Cherry Jones Peterson Warren
Ellison LaGrand Rabhi Wittenberg
In The Chair: Wentworth
The
House agreed to the title as amended.
Rep.
Webber moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for
enrollment printing and presentation to the Governor.
By
unanimous consent the House returned to the order of
Motions
and Resolutions
Reps. Yancey, Kennedy, Anthony, Garrett, Brixie, Hood, Rabhi, Hoadley, Ellison, Gay-Dagnogo, Coleman, Pagan, Robinson, Peterson, Cambensy, Love, Chirkun, Elder, Garza, Haadsma, Hope, Kuppa, Lasinski, Liberati, Shannon, Sneller, Sowerby, Warren and Witwer offered the following resolution:
House Resolution No. 113.
A resolution to declare May 28, 2019, as Menstrual Hygiene Day in the state of Michigan.
Whereas, Menstrual Hygiene Day serves to increase public awareness of the need to ensure women and girls are able to maintain healthy menstruation practices; and
Whereas, Menstrual Hygiene Day is also a new
effort to destigmatize women’s menstrual cycles, and advocate for better access
to feminine hygiene products for females who may otherwise be forced to resort
to less sanitary options; and
Whereas
Menstrual hygiene is a worldwide issue. Women and girls around the world face
different challenges in managing their menstruation depending on social norms,
customs, geography, and education; and
Whereas, Taboos and negative social norms surrounding menstruation are perpetuated by society as a whole. Therefore, creating an inclusive conversation with women and girls, as well as boys and men, is critical to create understanding and foster a supportive and healthy environment in menstrual health; and
Whereas, In late 2015 Michigan experienced a dramatic increase of toxic shock syndrome cases, which can be caused from extended use of super absorbent tampons. In late 2015, five cases were reported. The previous ten years averaged four cases total, so it is important to raise awareness of the risks of improper menstrual hygiene so that these types of cases can be prevented, now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare May 28, 2019, as Menstrual Hygiene Day in the state of Michigan; and be it further
Resolved, That the members of this legislative body encourage all Michiganders to recognize the importance of menstrual health and access to feminine hygiene products and to start a conversation to recognize that menstruation is not a taboo and menstrual health is key for women and girls’ health and wellbeing everywhere.
The question being on the adoption of the resolution,
The resolution was adopted.
House Resolution No. 114.
A
resolution to declare June 2019 as Lesbian, Gay, Bisexual, and Transgender
Pride Month in the state of Michigan.
Whereas,
Michigan is a state that is rich in diversity and community and this diversity
is demonstrated to all who live, work, and visit our state; and
Whereas,
The people of Michigan value this diversity and celebrate the rich variation of
persons in our state; and
Whereas,
The people of Michigan benefit from the multiple talents, viewpoints, and
cultural backgrounds of all of its citizens; and
Whereas,
The people of Michigan firmly believe in a society that values the freedom,
worth, and dignity of each human being; and
Whereas, The people of Michigan understand and appreciate
the cultural, civic, and economic contributions of the gay, lesbian, bisexual,
and transgender communities to the greater community of the state; and
Whereas,
Cities throughout Michigan will host and celebrate LGBT Pride events throughout
the month of June; and
Whereas,
June is recognized and celebrated as LGBT pride month throughout the country
and worldwide; now, therefore, be it
Resolved
by the House of Representatives, That the members of this legislative body
declare June 2019 as Lesbian, Gay, Bisexual, and Transgender Pride Month in the
state of Michigan, and be it further
Resolved,
That we pledge to continue our efforts in creating and maintaining a state that
provides equal opportunity, fair treatment, and human dignity for all people.
The resolution was referred to the Committee on Government Operations.
Reps. Tate, Camilleri, Brenda Carter, Stone, Pagan,
Clemente, Wittenberg, Manoogian, Sowerby, Kennedy, Koleszar, Brixie, Hope,
Gay-Dagnogo, Hoadley, Sabo, Chirkun, Garza, Haadsma, Kuppa, Lasinski, Liberati,
Love, Shannon, Sneller, Warren and Witwer offered the following concurrent
resolution:
House Concurrent Resolution No.
8.
A
concurrent resolution to adopt a Literacy Bill of Rights.
Whereas, Literacy is essential to ensuring children can
achieve a successful future. Poor literacy skills leave young people unprepared
for college or career training, for the workforce, and to be self-sufficient,
productive citizens. It is estimated that illiteracy costs U.S. businesses and
taxpayers about $300 billion per year; and
Whereas,
Michigan students lag behind their counterparts across the nation in reading.
In 2017, Michigan ranked 35th in fourth-grade reading scores, with nearly
one-third of fourth graders not able to read at a basic level. In 2018, around
30 percent of Michigan third to eighth grade students were not proficient in
English Language Arts; and
Whereas,
Michigan has substantial literacy gaps among its student populations. Black
children, children attending urban schools, and children from low-income
families all score significantly lower than their fellow Michigan students on
national reading assessments; and
Whereas,
Michigan’s literacy gaps and poor literacy rates statewide will not be resolved
until we acknowledge the fundamental importance of ensuring every child in
Michigan has access to the resources necessary to become a literate adult and
has the same opportunities regardless of their circumstances; now, therefore,
be it
Resolved
by the House of Representatives (the Senate concurring), That we believe all
students in the state of Michigan are entitled to the following rights:
1.
The right
to a meaningful opportunity to learn to read and write. This opportunity
includes access to basic resources, such as books and technology, as well as
access to education professionals trained in literacy instruction methods and
principles that help nurture and develop literacy and writing skills.
2.
The right
to access texts that further their literacy development provided to them by
their school, including, but not limited to, a school library with a variety of
informative and diverse texts.
3.
The right
to accessible, meaningful, and culturally and linguistically appropriate texts
at all times.
4.
The right
to a facility that is capable of serving students, including, but not limited
to, one that is equipped with textbooks, basic working facilities, and access
to basic technology that aids in reading and writing efforts.
5.
The right
to interact with others while reading, writing, or listening to a text.
Interaction involves questions, comments, discussions, and other communications
about or related to the text.
6.
The right
to life choices made available through reading and writing competencies. Life
choices include, but are not limited to, employment and filling out job
applications, community participation, and self-advocacy.
7.
The right
to lifelong educational opportunities incorporating literacy instruction and
use. Literacy educational opportunities, regardless of when they are provided,
have potential to provide power that cannot be taken away.
8.
The right
to live and learn in environments that provide varied models and demonstrations
of print use.
9.
The right
to live and learn in environments that maintain the expectations and attitudes
that all individuals have the right to learn to read and write and that all
individuals are literacy learners.
10.
The right
to have access to environments that are safe, secure, and conducive to
learning.
The concurrent resolution was referred to the
Committee on Education.
Reps. Chatfield and Greig offered the following resolution:
House Resolution No. 115.
A
resolution to urge the resignation of Representative Larry Inman of the One
Hundred-fourth House District, state of Michigan.
Whereas,
Article XI, Section 1 of the Constitution
of the State of Michigan of 1963 provides in relevant part:
“All
officers, legislative, executive and judicial, before entering upon the duties
of their respective offices, shall take and subscribe the following oath or
affirmation: I do solemnly swear (or affirm) that I will support the
Constitution of the United States and the constitution of this state, and that
I will faithfully discharge the duties of the office of .......... according to
the best of my ability.”
; and
Whereas,
House Rule 74(3) states:
“A
Member shall not use his or her position in any manner to solicit or obtain
anything of value for himself or herself, House employees or any other Member
which tends to influence the manner in which the Member performs his or her
official duties.”
; and
Whereas,
House Rule 74(6) states:
“A
Member shall conduct himself or herself to justify the confidence placed in him
or her by the people and shall, by personal example and admonition to colleagues,
maintain the integrity and responsibility of his or her office.”
; and
Whereas,
House Rule 74(7) states:
“A
Member shall not engage in any conduct that materially impairs the ability of
the Member to perform the duties of his or her office or substantially impair
the public confidence in the House.”
; and
Whereas,
House Rule 74(8) states:
“A
Member shall adhere to these rules and all applicable laws. Any violation of
law or these rules by a Member is subject to the House’s plenary authority to
reprimand, censure, or expel its Members. A reprimand, censure, or expulsion is
in addition to any potential civil or criminal penalties otherwise provided by
law.”
; and
Whereas,
On May 15, 2019, Representative Larry Inman was charged by a federal grand jury
with attempted extortion under color of official right, solicitation of a
bribe, and false statement to the Federal Bureau of Investigation (FBI). The
charges stem from a series of text messages in which he allegedly solicited
money in exchange for his vote against legislation repealing Michigan’s
prevailing wage; and
Whereas,
Representative Larry Inman subsequently made statements to numerous press
outlets that seem to acknowledge the authenticity of the text messages
underlying the criminal charges against him, including by positing, “Text
messages can be taken out of context,” and inexcusably declaring, “I think that’s
the lesson learned: If you’re going to have a communication with a lobbyist,
have it one-on-one rather than by text”; and
Whereas,
Representative Larry Inman’s pattern of conduct, including both the actions
alleged in the indictment and numerous public statements made afterward, has
drawn ridicule and disgrace to the state of Michigan and the Michigan House of
Representatives, shaking the public trust and confidence in this legislative
body, staining the honor, dignity, and integrity of the House, and distracting
from the serious policy issues and debates before this body; and
Whereas,
Public trust and confidence in government are prerequisites to the functioning
of a democratic society; now, therefore, be it
Resolved
by the House of Representatives, That it is in the best interest of the state
and this institution that Representative Larry Inman resign from his position
as representative of the One Hundred-fourth House District, state of Michigan;
and be it further
Resolved,
That the House of Representatives hereby urges Representative Larry Inman to
resign from his position as representative of the One Hundred-fourth House
District, state of Michigan, effective immediately; and be it further
Resolved,
That the House of Representatives reserves the right to take further
disciplinary action permitted by Article IV, Section 16 of the Constitution of the State of Michigan of
1963 and the Standing Rules of the House of Representatives in the event
that Representative Larry Inman does not immediately resign from his position
as representative of the One Hundred-fourth House District, state of Michigan;
and be it further
Resolved,
That copies of this resolution be delivered to Representative Larry Inman.
The
question being on the adoption of the resolution,
Rep. Webber moved that consideration of the resolution be postponed for
the day.
The motion prevailed.
Second
Reading of Bills
A bill
to amend 1973 PA 116, entitled “An act to provide for the protection of
children through the licensing and regulation of child care organizations; to
provide for the establishment of standards of care for child care organizations;
to prescribe powers and duties of certain departments of this state and
adoption facilitators; to provide penalties; and to repeal acts and parts of
acts,” by amending section 10 (MCL 722.120), as amended by 2017 PA 257.
The
bill was read a second time.
Rep.
Crawford moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4550, entitled
A bill
to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending
section 4 (MCL 722.874), as amended by 2015 PA 227.
The
bill was read a second time.
Rep.
Brenda Carter moved that the bill be placed on the order of Third Reading of
Bills.
The motion prevailed.
______
Rep. Webber moved that House Committees be given leave to meet during
the balance of today’s session.
The motion prevailed.
By
unanimous consent the House returned to the order of
Announcement
by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been reproduced and made
available electronically on Tuesday, June 4:
Reports
of Standing Committees
The Committee on Transportation, by Rep. O’Malley, Chair, referred
Senate Bill No. 129, entitled
A bill to amend 2016 PA 436, entitled “Unmanned aircraft systems act,”
by amending section 5 (MCL 259.305).
to the Committee on Ways and Means with the recommendation that the
substitute (H-3) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Haadsma and Shannon
Nays: None
The bill and substitute were referred to the Committee on Ways and
Means.
The Committee on Transportation, by Rep. O’Malley, Chair, referred
Senate Bill No. 192, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending section 310e (MCL 257.310e), as amended by 2015 PA 11.
to the Committee on Ways and Means.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Haadsma and Shannon
Nays: None
The bill was referred to the Committee on Ways and Means.
The Committee on Transportation, by Rep. O’Malley, Chair, referred
Senate Bill No. 193, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and
instructor act,” by amending section 39 (MCL 256.659), as amended by 2010
PA 16.
to the Committee on Ways and Means.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Haadsma and Shannon
Nays: None
The bill was referred to the Committee on Ways and Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. O’Malley, Chair, of the Committee
on Transportation, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. O’Malley, Eisen, Cole, Sheppard,
Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Haadsma and Shannon
Absent: Rep. Yancey
Excused: Rep. Yancey
The
Committee on Education, by Rep. Hornberger, Chair, referred
House Bill No. 4208, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending section 1249 (MCL 380.1249), as amended by 2018 PA 235.
to the Committee on Ways and Means with the recommendation that the
substitute (H-3) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Markkanen, O’Malley,
Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter, Koleszar and Stone
Nays: None
The bill and substitute were referred to the Committee on Ways and
Means.
The Committee on Education, by Rep. Hornberger, Chair, referred
House Bill No. 4262, entitled
A bill to amend 1978 PA 90, entitled “Youth employment standards act,”
by amending section 2 (MCL 409.102), as amended by 1996 PA 438.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall,
Markkanen, O’Malley, Wakeman, Camilleri, Brenda Carter, Tyrone Carter and
Koleszar
Nays: Rep. Sowerby
The bill and substitute were referred to the Committee on Ways and
Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hornberger, Chair, of the
Committee on Education, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall,
Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter,
Koleszar and Stone
The Committee on Natural Resources and Outdoor Recreation, by Rep.
Howell, Chair, referred
House Bill No. 4340, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and
environmental protection act,” by amending section 40112 (MCL 324.40112), as
amended by 2015 PA 12.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen and Cambensy
Nays: Reps. Sowerby and Pohutsky
The bill and substitute were referred to the Committee on Ways and
Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee
on Natural Resources and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby,
Cambensy and Pohutsky
The
Committee on Government Operations, by Rep. Sheppard, Chair, reported
Senate Bill No. 200, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 17744b (MCL 333.17744b), as amended by 2016 PA 384.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheppard, Cole, Lilly and Rabhi
Nays: None
The Committee on Government Operations, by Rep. Sheppard, Chair,
reported
Senate Bill No. 282, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending
section 20919 (MCL 333.20919), as amended by 2018 PA 383.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheppard, Cole, Lilly and Rabhi
Nays: None
The Committee on Government Operations, by Rep. Sheppard, Chair,
reported
Senate Bill No. 283, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by
amending sections 5 and 1178 (MCL 380.5 and 380.1178), as amended by 2016 PA
385; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheppard, Cole, Lilly and Rabhi
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheppard, Chair, of the
Committee on Government Operations, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. Sheppard, Cole, Lilly and Rabhi
Absent: Rep. Greig
Excused: Rep. Greig
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4108, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by
amending section 3 (MCL 722.623), as amended by 2016 PA 35.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, LaFave, Farrington, Howell, Rendon, Berman, Wozniak,
LaGrand, Guerra, Elder and Bolden
Nays: Rep. Steven Johnson
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4509, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
(MCL 600.101 to 600.9947) by adding section 5707.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon,
Berman, Wozniak and LaGrand
Nays: Reps. Guerra, Elder and Bolden
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Filler,
Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson,
Rendon, Berman, Wozniak, LaGrand, Guerra, Elder and Bolden
Absent: Rep. Yancey
Excused: Rep. Yancey
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Webber, Chair, of the Committee
on Regulatory Reform, was received and read:
Meeting held on: Tuesday, June 4, 2019
Present: Reps. Webber, Berman, Crawford,
Farrington, Frederick, Hoitenga, Filler, Hall, Wendzel, Chirkun, Liberati, Cambensy, Jones, Garza and Robinson
Messages from the Senate
A bill to amend 1967 PA 288, entitled “Land division act,” by amending
section 109 (MCL 560.109), as amended by 2017 PA 196.
The Senate has passed the bill, ordered that it be given immediate
effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and
presentation to the Governor.
A bill to amend 1947 PA 359, entitled “The charter township act,” by
amending section 13a (MCL 42.13a), as amended by 2012 PA 191.
The Senate has passed the bill, ordered that it be given immediate
effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and
presentation to the Governor.
June 4, 2019
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI 48909
Mr. Clerk,
Pursuant to MCL 600.1082, Senate Majority
Leader Mike Shirkey and I are making the following appointment and
reappointments to the State Drug Treatment Court Advisory Committee:
Alma Valenzuela of Zeeland to advocate for the
rights of crime victims for a four-year term that begins June 14, 2019 and
expires June 13, 2023;
The Honorable Amy Ronayne Krause, to represent
domestic violence service provider programs that receive funding from the state
domestic violence prevention and treatment board for a four-year term that
begins June 14, 2019 and expires June 13, 2023;
The Honorable Susan Dobrich to represent the
Michigan Association of Drug Court Professionals for a four-year term that
begins June 14, 2019 and expires June 13, 2023;
Christina Nicholas, LMSW of Rochester Hills to
represent an individual representing a substance abuse coordinating agency for
a four-year term that begins June 14, 2019 and expires June 13, 2023; and
Heidi Cannon of Onstead to represent a
probation officer who has worked at least two years for a drug or alcohol
treatment court for a four-year term that begins August 5, 2019 and expires
August 4, 2023.
Sincerely,
Lee Chatfield Mike
Shirkey
107th House District 16th
Senate District
Speaker of the House Senate
Majority Leader
Messages from the Governor
The
following message from the Governor was received June 3, 2019 and read:
EXECUTIVE ORDER
No. 2019-12
Declaration of State of
Emergency
Beginning on May 25, 2019, Tuscola County
experienced heavy and damaging rainfall resulting in widespread flooding,
washed out roadways, culvert failures, hazardous driving conditions, and
increased emergency vehicle response times due to inaccessible roadways and
bridges.
Tuscola County has taken several actions to
respond to this incident, which include: declaring a local state of emergency;
activating its disaster response and recovery operation; issuing emergency
public information; and providing aid to impacted residents. In addition to
these efforts, state assistance and other outside resources are necessary to
effectively respond to, and recover from, the impacts of flooding.
Under the Emergency Management Act, 1976 PA
390, MCL 30.403(4), “[t]he governor shall, by executive order or proclamation,
declare a state of emergency if he or she finds that an emergency has occurred
or that the threat of an emergency exists.” Therefore, acting under the
Michigan Constitution of 1963 and Michigan law, including the Emergency
Management Act, 1976 PA 390, MCL 30.401 to 30.421, I order the following:
1. A state of emergency is declared for Tuscola County.
2. The Emergency Management and Homeland Security Division of the
Department of State Police will coordinate and maximize all state efforts and
may call upon all state departments to utilize available resources to assist in
the designated area under the Michigan Emergency Management Plan.
3. The state of emergency is terminated at such time as the threats to
public health, safety, and property caused by the emergency no longer exist,
and appropriate programs have been implemented to recover from the effects of
this emergency, but in no case later than Thursday, June 27, 2019, unless
extended as provided by the Emergency Management Act.
Given under my hand and the great seal of the
State of Michigan,
Date: June
3, 2019
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
Communications from State Officers
The following communications from the
Secretary of State were received and read:
Notices of Filing
Administrative Rules
January 10, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2017-094-LR (Secretary of
State Filing #19-01-28) on this date at 3:57 P.M. for the Department of
Licensing and Regulatory Affairs entitled, “Social Work – General Rules”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under sections 33, 44, or
45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7
days after filing with the Secretary of State.
January 10, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2017-086-LR (Secretary of
State Filing #19-01-29) on this date at 3:56
P.M. for the Department of Licensing and Regulatory Affairs entitled, “Massage
Therapy – General Rules”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under sections 33, 44, or
45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7
days after filing with the Secretary of State.
January 10, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2017-002-LR (Secretary of
State Filing #19-01-30) on this date at 3:56 P.M. for the Department of
Licensing and Regulatory Affairs entitled, “Acupuncture– General Rules”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under section MCL 24.233,
24.244, or 24.245a(6). Rules adopted under these sections become effective 7
days after filing with the Secretary of State.
February 20, 2019
In accordance with the provisions of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Michigan
Department of Technology, Management and Budget and the State Office of
Regulatory Reinvention filed Administrative Rule #2019-019-TY (Secretary of State
Filing #19-02-01) on this date at 3:37 P.M. for the Department of Treasury
entitled, “Motor Fuel Tax”.
These rules take effect
immediately upon filing with the Secretary of State unless adopted under
sections 33, 44, or 45a(6), of 1969 PA 306, 1969 PA 306, MCL 24.233, 24.244, or
24.245a. Rules adopted under these sections become effective 7 days after
filing with the Secretary of State.
February 20, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2018-066-ED (Secretary of
State Filing #19-02-02) on this date at 3:37 P.M. for the Department of Education
entitled, “School Administrator Certification Code”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under section 33, 44, or
45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233,
24.244, or 24.245a. Rules adopted under these sections become effective 7 days
after filing with the Secretary of State.
February 20, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2018-067-ED (Secretary of
State Filing #19-02-03) on this date at 3:37 P.M. for the Department of
Education entitled, “Certification and Licensure of School Counselors”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under section 33, 44, or
45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233,
24.244, or 24.245a. Rules adopted under these sections become effective 7 days
after filing with the Secretary of State.
February 20, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2018-068-ED (Secretary of
State Filing #19-02-04) on this date at 3:37 P.M. for the Department of
Education entitled, “School Psychologist Certificate Code”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under section 33, 44, or
45a(6) of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233,
24.244, or 24.245a. Rules adopted under these sections become effective 7 days
after filing with the Secretary of State.
February 20, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2018-069-ED (Secretary of
State Filing #19-02-05) on this date at 3:37 P.M. for the Department of
Education entitled, “Teacher Certification Code”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under section 33, 44, or
45a(6) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233,
24.244, or 24.245a. Rules adopted under these sections become effective 7 days
after filing with the Secretary of State.
March 6, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed Administrative Rule #2019-018-NR (Secretary of
State Filing #19-03-01) on this date at 4:00 P.M. for the Department of Natural
Resources entitled, “Forest and Mineral Resource Development Fund Program”.
These rules become effective immediately upon
filing with the Secretary of State unless adopted under section 33, 44, or 45a(6),
or 48 of the Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.233,
24.244, or 24.245a. Rules adopted under these sections become effective 7 days
after filing with the Secretary of State.
April 25, 2019
In accordance with the provisions of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of
Regulatory Reinvention filed an Emergency Rule Extension, Administrative Rule
#2018-071-HS (Secretary of State Filing #19-04-01) on this date at 1:50 P.M.
for the Department of Health and Human Services entitled, “Reporting of
Poisonings Due to the Use of Prescription or Illicit Drugs”.
These rules take effect upon filing with the
Secretary of State and shall remain in effect for 6 months
April 29, 2019
In accordance with the requirements of Section
46 of Act No. 306 of the Public Acts of 1969, being MCL 24.246, and paragraph
16 of Executive Order 1995-6, this is to advise you that the Office of Regulatory
Reinvention filed Administrative Rule #2019-025-LR (Secretary of State Filing
#19-04-02) on this date at 3:59 P.M. for the Department of Licensing and
Regulatory Affairs entitled, “Wage and Hour Division – General Rules”.
These rules take effect immediately upon
filing with the Secretary of State unless adopted under section MCL 24.233,
24.244, or 24.245a(6). Rules adopted under these sections become effective 7
days after filing with the Secretary of State.
Sincerely,
Jocelyn
Benson
Secretary
of State
Robin
L. Houston, Departmental Supervisor
Office
of the Great Seal
The communications were referred to the Clerk.
Reps. Hoitenga, Alexander, Steven Johnson, Mueller and LaFave introduced
House Bill No. 4687, entitled
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 40102 and
40111a (MCL 324.40102 and 324.40111a), section 40102 as amended by 2015 PA 24
and section 40111a as amended by 2015 PA 265.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
Reps. Hoadley, Sneller, Kennedy,
Kuppa, Manoogian, Liberati, Camilleri, Lasinski, Hope, Anthony, Ellison,
Gay-Dagnogo, LaGrand, Pagan, Koleszar, Pohutsky, Sowerby, Tyrone Carter,
Shannon, Stone, Witwer, Garza, Brenda Carter, Robinson, Elder, Hertel, Jones,
Wittenberg, Cherry, Byrd, Cambensy, Garrett, Yancey, Love, Chirkun, Whitsett,
Hood, Rabhi, Cynthia Johnson, Guerra, Clemente, Sabo, Hammoud, Haadsma, Tate,
Coleman, Neeley, Bolden, Peterson, Greig, Brann, Brixie and Warren introduced
House Bill No. 4688, entitled
A bill to amend 1976 PA 453,
entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102,
103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506
(MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207,
37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506),
the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as
amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as
amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section
402 as amended by 1993 PA 216.
The bill was read a first time by
its title and referred to the Committee on Government Operations.
Announcements by the Clerk
May 28, 2019
Received from the Michigan Land
Bank Fast Track Authority, report regarding the conveyance of the former State
Fairgrounds pursuant to P.A. 75 of 2012, Sec.4.
Gary
L. Randall
Clerk
of the House
May
30, 2019
Received from the State Officers
Compensation Commission, the 2019 report and determinations in accordance with
Public Act 357 of 1968.
Gary
L. Randall
Clerk
of the House
______
Rep. Kennedy moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
The Speaker Pro Tempore declared the House
adjourned until Wednesday, June 5, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives