No. 80

STATE OF MICHIGAN

 

JOURNAL

OF THE

House  of  Representatives

 

102nd  Legislature

REGULAR  SESSION  OF  2023

 

 

 

 

House Chamber, Lansing, Wednesday, October 4, 2023.

 

1:30 p.m.

 

The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

Aiyash—present            Dievendorf—present     Markkanen—present     Schriver—present

Alexander—present        Edwards—present         Martin—present            Schuette—present

Andrews—present          Farhat—present            Martus—present           Scott—present

Aragona—present          Filler—present              McFall—present           Shannon—present

Arbit—present               Fink—present               McKinney—present      Skaggs—present

Beeler—excused            Fitzgerald—present       Meerman—present        Slagh—present

BeGole—present            Fox—present                Mentzer—present         Smit—present

Beson—present              Friske—present            Miller—present            Snyder—present

Bezotte—present            Glanville—present        Morgan—present          St. Germaine—present

Bierlein—present           Grant—present             Morse—present            Steckloff—present

Bollin—present              Green, P.—present        Mueller—present          Steele—present

Borton—present             Greene, J.—present       Neeley—present           Stone—present

Brabec—present            Haadsma—present        Neyer—present             Tate—present

Breen—present              Hall—present               O’Neal—present           Thompson—present

Brixie—present              Harris—excused           Outman—present          Tisdel—present

Bruck—present              Hill—present                Paiz—present               Tsernoglou—present

Byrnes—present            Hoadley—present         Paquette—present         VanderWall—present

Carra—present               Hood—present             Pohutsky—present        VanWoerkom—present

Carter, B.—present         Hope—present             Posthumus—present      Wegela—present

Carter, T.—present         Hoskins—present          Prestin—present           Weiss—present

Cavitt—present              Johnsen—present          Price—present              Wendzel—present

Churches—present         Koleszar—present         Puri—present               Whitsett—present

Coffia—present             Kuhn—present             Rheingans—present      Wilson—present

Coleman—present          Kunse—present            Rigas—present             Witwer—present

Conlin—present             Liberati—present          Rogers—present           Wozniak—present

DeBoer—present           Lightner—present         Roth—present              Young—present

DeBoyer—present          MacDonell—present     Schmaltz—present        Zorn—present

DeSana—present           Maddock—present                                           

 

e/d/s = entered during session

Rep. Julie M. Rogers, from the 41st District, offered the following invocation:

 

“Iroquois prayer

We return thanks to our mother,

the earth, which sustains us.

We return thanks to the rivers and streams,

which supply us with water.

We return thanks to all herbs,

which furnish medicines

for the cure of our diseases.

We return thanks to the corn,

and to her sisters, the beans and squash,

which give us life.

We return thanks to the bushes and trees,

which provide us with fruit.

We return thanks to the wind,

which, moving the air,

has banished diseases.

We return thanks to the moon and the stars,

which have given us their light

when the sun was gone.

We return thanks to our grandfather He-no,

who has given to us His rain.

We return thanks to the sun,

that he has looked upon the earth

with a beneficent eye.

Lastly, we return thanks to the Great Spirit.

in Whom is embodied all goodness.

and who directs all things,

for the good of His children.”

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

______

 

 

Rep. Aiyash moved that Reps. Beeler and Harris be excused from today’s session.

The motion prevailed.

 

 

Motions and Resolutions

 

 

Reps. Jaime Greene, Alexander, Johnsen, DeSana, Friske, Markkanen, Cavitt, Harris, Rigas, Smit, Thompson, Posthumus, Borton, Meerman, Schriver, Fox, Beeler, Bollin and Rheingans offered the following resolution:

House Resolution No. 142.

A resolution to declare October 1-7, 2023, as Homeschool Week in the state of Michigan.

Whereas, Our state recognizes the importance of education in shaping the future of its citizens; and

Whereas, Section 380.10 of the Michigan Constitution states: “It is the natural, fundamental right of parents and legal guardians to determine and direct the care, teaching, and education of their children”; and

Whereas, Homeschooling is an essential form of education that allows parents and guardians to take a more direct role in their children’s learning; and

Whereas, Homeschooling provides an opportunity for individualized instruction tailored to the unique needs and abilities of each student; and

Whereas, Homeschooling families contribute significantly to the educational landscape of Michigan, fostering a sense of community and diversity; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 1-7, 2023, as Homeschool Week in the state of Michigan. We recognize the hard work, dedication, and commitment of home educator parents and guardians in providing quality education to their children and acknowledge the right of parents and guardians as outlined in the Michigan Constitution to choose homeschooling as a legitimate educational alternative and emphasizes the importance of respecting the diversity of educational choices available to Michigan families; and be it further

Resolved, That Homeschool Week aims to promote and celebrate the benefits of homeschooling as a viable educational option for families in Michigan. We commend homeschooling parents and guardians for their dedication to their children’s education and for contributing positively to the overall educational fabric of our state.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Third Reading of Bills

 

 

House Bill No. 4553, entitled

A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 2 (MCL 12.252), as amended by 2022 PA 83, and by adding section 3a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 332                                    Yeas—75

 

 

Aiyash                              Conlin                     McFall                                   Shannon

Alexander                          Dievendorf              McKinney                              Skaggs

Andrews                           Edwards                  Mentzer                                 Slagh

Aragona                            Farhat                      Miller                                     Snyder

Arbit                                 Fitzgerald                 Morgan                                  St. Germaine

BeGole                              Glanville                  Morse                                    Steckloff

Beson                                Grant                       Mueller                                  Stone

Bezotte                              Green, P.                  Neeley                                   Tate

Bierlein                             Greene, J.                 O’Neal                                   Thompson

Borton                               Haadsma                 Outman                                  Tsernoglou

Brabec                               Hill                          Paiz                                        VanderWall

Breen                                Hood                       Pohutsky                                Wegela

Brixie                                Hope                       Price                                      Weiss

Byrnes                              Hoskins                   Puri                                        Whitsett

Carter, B.                           Koleszar                  Rheingans                              Wilson

Carter, T.                           Kunse                      Rogers                                   Witwer

Churches                           Liberati                    Roth                                       Wozniak

Coffia                                MacDonell               Schmaltz                                Young

Coleman                            Martus                     Scott                                     

 

 

                                                              Nays—33

 

 

Bollin                                Fox                          Markkanen                             Schriver

Bruck                                Friske                      Martin                                    Schuette

Carra                                 Hall                         Meerman                               Smit

Cavitt                                Hoadley                   Neyer                                     Steele

DeBoer                              Johnsen                   Paquette                                 Tisdel

DeBoyer                            Kuhn                       Posthumus                             VanWoerkom

DeSana                              Lightner                   Prestin                                   Wendzel

Filler                                 Maddock                 Rigas                                      Zorn

Fink                                                                                                               

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4554, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2021 PA 109.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 333                                    Yeas—76

 

 

Aiyash                              Conlin                     McFall                                   Scott

Alexander                          Dievendorf              McKinney                              Shannon

Andrews                           Edwards                  Meerman                               Skaggs

Aragona                            Farhat                      Mentzer                                 Slagh

Arbit                                 Fitzgerald                 Miller                                     Snyder

BeGole                              Glanville                  Morgan                                  St. Germaine

Beson                                Grant                       Morse                                    Steckloff

Bezotte                              Green, P.                  Mueller                                  Stone

Bierlein                             Greene, J.                 Neeley                                   Tate

Borton                               Haadsma                 O’Neal                                   Thompson

Brabec                               Hill                          Outman                                  Tsernoglou

Breen                                Hood                       Paiz                                        VanderWall

Brixie                                Hope                       Pohutsky                                Wegela

Byrnes                              Hoskins                   Price                                      Weiss

Carter, B.                           Koleszar                  Puri                                        Whitsett

Carter, T.                           Kunse                      Rheingans                              Wilson

Churches                           Liberati                    Rogers                                   Witwer

Coffia                                MacDonell               Roth                                       Wozniak

Coleman                            Martus                     Schmaltz                                Young

 

 

                                                              Nays—32

 

 

Bollin                                Fink                         Maddock                                Schriver

Bruck                                Fox                          Markkanen                             Schuette

Carra                                 Friske                      Martin                                    Smit

Cavitt                                Hall                         Neyer                                     Steele

DeBoer                              Hoadley                   Paquette                                 Tisdel

DeBoyer                            Johnsen                   Posthumus                             VanWoerkom

DeSana                              Kuhn                       Prestin                                   Wendzel

Filler                                 Lightner                   Rigas                                      Zorn

 

 

In The Chair: Pohutsky

The question being on agreeing to the title of the bill,

Rep. Aiyash moved to amend the title to read as follows:

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2023 PA 21.

The motion prevailed.

The House agreed to the title as amended.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4983, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 493a, 500a, 501, 509o, 509q, and 509r (MCL 168.493a, 168.500a, 168.501, 168.509o, 168.509q, and 168.509r), section 493a as added by 2018 PA 603, sections 500a, 501, and 509r as amended by 2018 PA 125, section 509o as amended by 2022 PA 195, and section 509q as amended by 2020 PA 302, and by adding section 493b.

The bill was read a third time.

The question being on the passage of the bill,

 

Rep. Tsernoglou moved to amend the bill as follows:

1. Amend page 3, line 3, after the first “this” by striking out “subsection” and inserting “section”.

2. Amend page 5, line 7, after the first “this” by striking out “subsection” and inserting “section”.

The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 334                                    Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—52

 

 

Alexander                          DeSana                    Maddock                                Schriver

Aragona                            Filler                        Markkanen                             Schuette

BeGole                              Fink                         Martin                                    Slagh

Beson                                Fox                          Meerman                               Smit

Bezotte                              Friske                      Mueller                                  St. Germaine

Bierlein                             Green, P.                  Neyer                                     Steele

Bollin                                Greene, J.                 Outman                                  Thompson

Borton                               Hall                         Paquette                                 Tisdel

Bruck                                Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4984, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2020 PA 376.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 335                                    Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—52

 

 

Alexander                          DeSana                    Maddock                                Schriver

Aragona                            Filler                        Markkanen                             Schuette

BeGole                              Fink                         Martin                                    Slagh

Beson                                Fox                          Meerman                               Smit

Bezotte                              Friske                      Mueller                                  St. Germaine

Bierlein                             Green, P.                  Neyer                                     Steele

Bollin                                Greene, J.                 Outman                                  Thompson

Borton                               Hall                         Paquette                                 Tisdel

Bruck                                Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

 

 

In The Chair: Pohutsky

The House agreed to the title of the bill.

Rep. Wilson moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4985, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2021 PA 105.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 336                                    Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—52

 

 

Alexander                          DeSana                    Maddock                                Schriver

Aragona                            Filler                        Markkanen                             Schuette

BeGole                              Fink                         Martin                                    Slagh

Beson                                Fox                          Meerman                               Smit

Bezotte                              Friske                      Mueller                                  St. Germaine

Bierlein                             Green, P.                  Neyer                                     Steele

Bollin                                Greene, J.                 Outman                                  Thompson

Borton                               Hall                         Paquette                                 Tisdel

Bruck                                Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Wilson moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4986, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305), as amended by 2021 PA 106.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 337                                    Yeas—56

 

 

Aiyash                              Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Arbit                                 Fitzgerald                 Mentzer                                 Skaggs

Brabec                               Glanville                  Miller                                     Snyder

Breen                                Grant                       Morgan                                  Steckloff

Brixie                                Haadsma                 Morse                                    Stone

Byrnes                              Hill                          Neeley                                   Tate

Carter, B.                           Hood                       O’Neal                                   Tsernoglou

Carter, T.                           Hope                       Paiz                                        Wegela

Churches                           Hoskins                   Pohutsky                                Weiss

Coffia                                Koleszar                  Price                                      Whitsett

Coleman                            Liberati                    Puri                                        Wilson

Conlin                               MacDonell               Rheingans                              Witwer

Dievendorf                        Martus                     Rogers                                   Young

 

 

                                                              Nays—52

 

 

Alexander                          DeSana                    Maddock                                Schriver

Aragona                            Filler                        Markkanen                             Schuette

BeGole                              Fink                         Martin                                    Slagh

Beson                                Fox                          Meerman                               Smit

Bezotte                              Friske                      Mueller                                  St. Germaine

Bierlein                             Green, P.                  Neyer                                     Steele

Bollin                                Greene, J.                 Outman                                  Thompson

Borton                               Hall                         Paquette                                 Tisdel

Bruck                                Hoadley                   Posthumus                             VanderWall

Carra                                 Johnsen                   Prestin                                   VanWoerkom

Cavitt                                Kuhn                       Rigas                                      Wendzel

DeBoer                              Kunse                      Roth                                       Wozniak

DeBoyer                            Lightner                   Schmaltz                                Zorn

 

 

In The Chair: Pohutsky

 

 

The House agreed to the title of the bill.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

Senate Bill No. 374, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 658 and 661 (MCL 168.658 and 168.661), as amended by 2012 PA 270.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 338                                   Yeas—100

 

 

Aiyash                              Dievendorf              Martus                                   Schuette

Alexander                          Edwards                  McFall                                   Scott

Andrews                           Farhat                      McKinney                              Shannon

Aragona                            Filler                        Meerman                               Skaggs

Arbit                                 Fink                         Mentzer                                 Slagh

BeGole                              Fitzgerald                 Miller                                     Smit

Beson                                Glanville                  Morgan                                  Snyder

Bezotte                              Grant                       Morse                                    St. Germaine

Bierlein                             Green, P.                  Mueller                                  Steckloff

Bollin                                Greene, J.                 Neeley                                   Steele

Borton                               Haadsma                 Neyer                                     Stone

Brabec                               Hill                          O’Neal                                   Tate

Breen                                Hoadley                   Outman                                  Thompson

Brixie                                Hood                       Paiz                                        Tisdel

Bruck                                Hope                       Paquette                                 Tsernoglou

Byrnes                              Hoskins                   Pohutsky                                VanderWall

Carter, B.                           Johnsen                   Posthumus                             VanWoerkom

Carter, T.                           Koleszar                  Prestin                                   Wegela

Cavitt                                Kuhn                       Price                                      Weiss

Churches                           Kunse                      Puri                                        Wendzel

Coffia                                Liberati                    Rheingans                              Whitsett

Coleman                            Lightner                   Rigas                                      Wilson

Conlin                               MacDonell               Rogers                                   Witwer

DeBoer                              Markkanen              Roth                                       Wozniak

DeBoyer                            Martin                     Schmaltz                                Young

 

 

                                                               Nays—8

 

 

Carra                                 Fox                          Hall                                        Schriver

DeSana                              Friske                      Maddock                                Zorn

 

 

In The Chair: Pohutsky

 

 

The question being on agreeing to the title of the bill,

Rep. Aiyash moved to amend the title to read as follows:

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 658 and 661 (MCL 168.658 and 168.661), as amended by 2023 PA 88.

The motion prevailed.

The House agreed to the title as amended.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

Senate Bill No. 281, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406aa.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 339                                    Yeas—91

 

 

Aiyash                              Dievendorf              Martus                                   Scott

Alexander                          Edwards                  McFall                                   Shannon

Andrews                           Farhat                      McKinney                              Skaggs

Aragona                            Filler                        Meerman                               Snyder

Arbit                                 Fink                         Mentzer                                 St. Germaine

BeGole                              Fitzgerald                 Miller                                     Steckloff

Beson                                Glanville                  Morgan                                  Stone

Bezotte                              Grant                       Morse                                    Tate

Bierlein                             Green, P.                  Mueller                                  Thompson

Bollin                                Haadsma                 Neeley                                   Tisdel

Borton                               Hall                         Neyer                                     Tsernoglou

Brabec                               Hill                          O’Neal                                   VanderWall

Breen                                Hood                       Outman                                  VanWoerkom

Brixie                                Hope                       Paiz                                        Wegela

Byrnes                              Hoskins                   Pohutsky                                Weiss

Carter, B.                           Koleszar                  Prestin                                   Wendzel

Carter, T.                           Kuhn                       Price                                      Whitsett

Churches                           Kunse                      Puri                                        Wilson

Coffia                                Liberati                    Rheingans                              Witwer

Coleman                            Lightner                   Rogers                                   Wozniak

Conlin                               MacDonell               Roth                                       Young

DeBoer                              Markkanen              Schmaltz                                Zorn

DeSana                              Martin                     Schuette                                

 

 

                                                              Nays—17

 

 

Bruck                                Friske                      Maddock                                Schriver

Carra                                 Greene, J.                 Paquette                                 Slagh

Cavitt                                Hoadley                   Posthumus                             Smit

DeBoyer                            Johnsen                   Rigas                                      Steele

Fox                                                                                                                

 

 

In The Chair: Pohutsky

 

 

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 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,”

The House agreed to the full title.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

House Bill No. 4596, entitled

A bill to prohibit the sale, offering for sale, and distribution for sale of certain disposable wipes without meeting certain label requirements; and to prohibit certain acts and provide civil sanctions.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 340                                    Yeas—69

 

 

Aiyash                              Edwards                  McFall                                   Shannon

Alexander                          Farhat                      McKinney                              Skaggs

Andrews                           Fitzgerald                 Mentzer                                 Slagh

Aragona                            Glanville                  Miller                                     Snyder

Arbit                                 Grant                       Morgan                                  St. Germaine

BeGole                              Greene, J.                 Morse                                    Steckloff

Brabec                               Haadsma                 Neeley                                   Steele

Breen                                Hill                          O’Neal                                   Stone

Brixie                                Hood                       Paiz                                        Tate

Byrnes                              Hope                       Pohutsky                                Tisdel

Carter, B.                           Hoskins                   Price                                      Tsernoglou

Carter, T.                           Koleszar                  Puri                                        Wegela

Cavitt                                Kuhn                       Rheingans                              Weiss

Churches                           Liberati                    Rogers                                   Whitsett

Coffia                                MacDonell               Roth                                       Wilson

Conlin                               Martin                     Schmaltz                                Witwer

DeBoer                              Martus                     Scott                                      Young

Dievendorf                                                                                                     

 

 

                                                              Nays—39

 

 

Beson                                Filler                        Maddock                                Schriver

Bezotte                              Fink                         Markkanen                             Schuette

Bierlein                             Fox                          Meerman                               Smit

Bollin                                Friske                      Mueller                                  Thompson

Borton                               Green, P.                  Neyer                                     VanderWall

Bruck                                Hall                         Outman                                  VanWoerkom

Carra                                 Hoadley                   Paquette                                 Wendzel

Coleman                            Johnsen                   Posthumus                             Wozniak

DeBoyer                            Kunse                      Prestin                                   Zorn

DeSana                              Lightner                   Rigas                                     

 

 

In The Chair: Pohutsky

The question being on agreeing to the title of the bill,

Rep. Aiyash moved to amend the title to read as follows:

A bill to prohibit the sale, offering for sale, and distribution for sale of certain disposable wipes without meeting certain requirements; and to prohibit certain acts and provide civil sanctions.

The motion prevailed.

The House agreed to the title as amended.

Rep. Aiyash moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

Senate Concurrent Resolution No. 10.

A concurrent resolution to observe the 150th anniversary of the laying of the cornerstone of the Michigan State Capitol.

Whereas, On Thursday, October 2, 1873, a crowd of over 30,000 Michiganders thronged to Lansing, a city of 7,000, for the laying of the cornerstone of the new State Capitol. Hotels in the city were full and residents opened their homes to house those who had come to bear witness on the historic day. The railroads offered half fare to those traveling and churches were turned into restaurants to provide food for the celebrants; and

Whereas, A mile-and-a-half-long parade, marked by the newspapers almost unanimously as the highlight of the day, made its way through the streets of the city and ended at Capitol Square where state officials, military officers and troops, civic organizations, fraternal organizations, and other spectators assembled for the official ceremony; and

Whereas, Several speakers made remarks, including Governor John J. Bagley, who said,

“To those of us who have watched the growth of Michigan from infancy to manhood the occasion recalls the toils and trials of early days, the anxieties and cares of pioneer life; while a pardonable egotism as we look about us tells of battles fought and victories won over nature in her most ragged mood. To-day we stand here as conquerors of forest and swamp, and can proudly say: ‘If thou seekest a beautiful peninsula, behold it here.’”

; and

Whereas, The cornerstone itself is five tons of granite from Quincy, Massachusetts, engraved on two sides with “A.D. 1872” and “A.D. 1878” to mark the beginning and end of construction; and

Whereas, During the Masonic rites, a list of the contents of the cornerstone was read which included the contents of the cornerstone from Territorial Capitol in Detroit, the act providing for the erection of the Capitol, the specifications for erecting the Capitol; reports of all state boards for 1872, legislative manuals, a pen used to sign the Constitution of 1835, and copies of the daily newspapers published on September 27, 1873, among other items; and

Whereas, Spectators from around the state including the communities of Detroit, Kalamazoo, Bay City, Constantine, Hillsdale, Adrian, Grand Rapids, Jackson, Ionia, Niles, Ann Arbor, Marshall, Dowagiac, Corunna, St. Johns, Lexington, Howell, Fenton, Three Rivers, Lyons, and others watched as the stone was raised twelve feet into the air and then lowered into place to the booming of cannons; and

Whereas, In 1978 and 1979, to mark the centennial of completion and dedication, the cornerstone was opened, refilled, and relayed in ceremonies under the direction of Governor William G. Milliken, Secretary of State Richard H. Austin, Senate Majority Leader William Faust, and Speaker of the House Bobby Crim. Numerous events also marked this important occasion including the publication of The Watch of the Capitol by Lansing historian and author Mary Jane McClintock Wilson. This work draws heavily from the Jenison scrapbooks, a set of six volumes compiled by local collector Orien A. Jenison chronicling the Capitol’s 1872‑1878 construction. Jenison worked closely on this project with Allen Bours, the secretary of the State Building Commission; and

Whereas, The 1970s celebration of our Capitol’s centennial, and the publication of The Watch of the Capitol, began a movement to restore the much modified and neglected building; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the members of this legislative body observe the 150th anniversary of the laying of the cornerstone of the Michigan State Capitol; and be it further

Resolved, That we recognize and commemorate the milestone of the sesquicentennial of the laying of the cornerstone of the third and current Michigan State Capitol; and be it further

Resolved, That we thank Mary Jane McClintock Wilson for her work educating Michiganders about the importance of preserving and restoring our historic Capitol; and be it further

Resolved, That we commend the work of the Michigan State Capitol Commission to maintain the Lion of Lansing, one of the finest examples of Victorian architecture in the United States, and the first of Elijah E. Myers’ three state capitol buildings; and be it further

Resolved, That we urge the citizens of Michigan to visit their State Capitol between 2023 and 2029 during the 150th anniversary of its construction.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

 

Rep. Aiyash moved that consideration of the concurrent resolution be postponed for the day.

The motion prevailed.

 

 

Second Reading of Bills

 

 

Senate Bill No. 179, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending section 14 (MCL 333.27964).

The bill was read a second time.

Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

Senate Bill No. 180, entitled

A bill to amend 2018 IL 1, entitled “Michigan Regulation and Taxation of Marihuana Act,” by amending sections 3, 7, 8, 10, and 13 (MCL 333.27953, 333.27957, 333.27958, 333.27960, and 333.27963), sections 3 and 8 as amended by 2021 PA 56.

The bill was read a second time.

Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

Senate Bill No. 55, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7u and 53b (MCL 211.7u and 211.53b), section 7u as amended by 2020 PA 253 and section 53b as amended by 2022 PA 141.

The bill was read a second time.

 

Rep. Neeley moved to substitute (H-1) the bill.

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4647, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1113 (MCL 339.1113), as amended by 1984 PA 25.

The bill was read a second time.

 

Rep. Rigas moved to amend the bill as follows:

1. Amend page 1, line 3, after “regularly” by inserting a comma and “but not more than once a year,”.

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Aiyash moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4966, entitled

A bill to provide for the authorization and levy of a specific tax in lieu of certain ad valorem property taxes for purposes of improving equity in the taxation of property and to encourage the development of property within the boundaries of certain cities and local units of government; to prescribe the powers, duties, and jurisdictions of those cities and local units of government, and certain local and state officials, in the authorization and levy of the specific alternative tax and for the administration of this act; to limit the levy of certain ad valorem property taxes and exempt certain property from the collection of certain ad valorem property taxes within cities and local units of government qualified to levy the specific alternative tax; to regulate the levy, collection, and distribution of the specific alternative tax within the jurisdiction of each city or local unit of government qualified to levy the specific alternative tax; to create and provide for the modification of certain credits and exemptions against the specific alternative tax in certain circumstances in order to enhance the equitable purposes and objectives of this act; to provide for the exemption from certain taxes; and to provide for the powers and duties of certain state and local governmental officers and entities.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

 

Rep. Grant moved to amend the bill as follows:

1. Amend page 8, line 27, after “(2)” by striking out the balance of the line through “government” on line 28 and inserting “The governing body of a qualified city, or the governing body of a qualified local unit of government upon the request of the governing body of a qualified city,”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

 

Rep. Neeley moved to amend the bill as follows:

1.  Amend page 14, following line 13, by inserting:

     “(9) A qualified city is subject to an audit under section 10g of the general property tax act, 1893 PA 206, MCL 211.10g, in the same manner as all other assessing districts, and administration of the land value tax under this act must comply with section 10g of the general property tax act, 1893 PA 206, MCL 211.10g. Any aspects of the administration of this tax that do not comply with section 10g of the general property tax act, 1893 PA 206, MCL 211.10g, must be submitted to the state tax commission by the qualified city for review and approval by the state tax commission.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Young moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4967, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 2, 78a, and 89b (MCL 211.2, 211.78a, and 211.89b), section 2 as amended by 2002 PA 620, section 78a as amended by 2014 PA 499, and section 89b as amended by 2008 PA 512, and by adding section 7yy.

The bill was read a second time.

 

Rep. Neeley moved to amend the bill as follows:

1.  Amend page 7, following line 22, by inserting:

     “Sec. 10g. (1) Pursuant to subsection (2), on and after December 31, 2021, the state tax commission shall audit the assessing districts in this state to determine if they do all of the following:

(a) Employ or contract with an assessor of record that oversees and administers an annual assessment of all property liable to taxation in the assessing district, as provided in section 10, in accordance with the constitution and laws of this state. For an assessing district that amends its corrective action plan pursuant to subsection (3)(c), its assessor of record must be an advanced assessing officer or a master assessing officer.

(b) Use a computer-assisted mass appraisal system that is approved by the state tax commission as having sufficient software capabilities to meet the requirements of this act and to store and back up necessary data.

(c) Subject to state tax commission guidelines, have and follow a published policy under which its assessor’s office is reasonably accessible to taxpayers. A policy under this subdivision must include, at a minimum, the items in subparagraphs (i) to (iv) and should include the item in subparagraph (v) as follows:

(i) A designation, by name, telephone number, and electronic mail email address, of at least 1 official or employee in the assessor’s office to whom taxpayer inquiries may be submitted directly by telephone or electronic mail.email.

(ii) An estimated response time for taxpayer inquiries submitted under subparagraph (i), not to exceed 7 business days.

(iii) Information about how a taxpayer may arrange a meeting with an official or employee of the assessor’s office for purposes of discussing an inquiry in person.

(iv) Information about how requests for inspection or production of records maintained by the assessor’s office should be made by a taxpayer and how those requests will be handled by the assessor’s office.

(v) Information about any process that the assessor’s office may have to informally hear and resolve disputes brought by taxpayers before the March meeting of the board of review.

(d) If a city or township building within the assessing district is in an area with broadband internet access, provide taxpayers online access to information regarding its assessment services, including, but not limited to, parcel information, land value studies and documentation, and economic condition factors. As used in this subdivision, “area with broadband internet access” means an area determined by the connect Michigan broadband service industry survey to be served by fixed terrestrial service with advertised speeds of at least 25 megabits per second downstream and 3 megabits per second upstream in the most recent survey available.

(e) Include the contact information described in subdivision (c)(i) in notices to taxpayers concerning assessment changes and exemption determinations, including, but not limited to, notices issued under section 24c.

(f) Ensure that its support staff is sufficiently trained to respond to taxpayer inquiries, require that its assessors maintain their certification levels, and require that its board of review members receive board of review training and updates required and approved by the state tax commission.

(g) Comply with section 44(4) with respect to any property tax administration fee collected under section 44.

(h) Have all of the following:

(i) Properly developed and documented land values.

(ii) An assessment database for which not more than 1% of parcels are in override.

(iii) Properly developed and documented economic condition factors.

(iv) An annual personal property canvass and sufficient personal property records according to developed policy and statutory requirements.

(v) A board of review that operates in accordance with this act.

(vi) An adequate process for determining whether to grant or deny exemptions according to statutory requirements.

(vii) An adequate process for meeting the requirements outlined in the state tax commission’s publication entitled, “Supervising Preparation of the Assessment Roll”, as those requirements existed on October 1, 2018.

(i) Comply with any other requirement that the state tax commission lawfully promulgates under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, in the exercise of its authority under this act that expressly states that it is intended as an additional requirement under this subsection.

(2) The state tax commission shall develop and implement an audit program to determine whether an assessing district is in substantial compliance with the requirements in subsection (1). If, after December 31, 2021, the state tax commission determines that an assessing district is not in substantial compliance with the requirements in subsection (1), the state tax commission may initiate the process described in subsection (3) to ensure that the assessing district achieves and maintains substantial compliance with those requirements.

(3) The state tax commission shall develop and implement a process to ensure that all assessing districts in the state achieve and maintain substantial compliance with the requirements in subsection (1). At a minimum, that process shall include all of the following actions and procedures:

(a) If the state tax commission determines that an assessing district is not in substantial compliance with the requirements in subsection (1) and elects to initiate the process described in this subsection, the commission shall provide the assessing district with a notice of noncompliance setting forth the reasons the assessing district is not in substantial compliance with the requirements in subsection (1) and requesting that the assessing district develop a corrective action plan approved by its governing body to address those deficiencies. Except as otherwise provided in subdivision (g), an assessing district shall file a corrective action plan requested under this subdivision with the state tax commission within 60 days after receipt of the notice of noncompliance. The state tax commission shall approve a corrective action plan filed under this subdivision or request changes to the plan within 60 days after filing.

(b) No earlier than May 1 and no later than September 1 of the calendar year immediately following the year of the notice described in subdivision (a), or, in the case of a corrective action plan approved by the state tax commission that extends beyond 1 year, no earlier than May 1 and no later than September 1 of the calendar year that is the second calendar year following the year of the notice described in subdivision (a), the state tax commission shall conduct an initial follow-up review with the assessing district and, within 90 days following that review, provide the district with an evaluation of its progress in implementing its corrective action plan and a notice of substantial compliance or noncompliance with the requirements in subsection (1).

(c) Except as otherwise provided in subdivisions (g) and (i), an assessing district that has received a notice of noncompliance as part of an initial follow-up review under subdivision (b) shall elect to either contract with the designated assessor for the county to serve as the district’s assessor of record or amend its corrective action plan with the approval of the state tax commission to provide that the assessing district will employ or contract with a new assessor of record, who shall be an advanced assessing officer or a master assessing officer, to achieve and maintain substantial compliance with the requirements in subsection (1).

(d) If an assessing district amends its corrective action plan pursuant to subdivision (c), no earlier than May 1 and no later than September 1 of the following calendar year, the state tax commission shall conduct a second follow-up review with the assessing district and, within 90 days following that review, provide the district with an evaluation of its progress in implementing its corrective action plan and a notice of substantial compliance or noncompliance with the requirements in subsection (1).

(e) If the state tax commission, pursuant to subdivision (b) or (d), provides an assessing district a notice of substantial compliance with the requirements in subsection (1), no further follow-up reviews are required under this subsection.

(f) Except as otherwise provided in subdivision (g), if the state tax commission provides an assessing district a notice of noncompliance pursuant to a second follow-up review under subdivision (d) or notifies an assessing district that it has fallen out of substantial compliance less than 5 calendar years after the calendar year a notice of substantial compliance was issued under this subsection, the state tax commission may require the assessing district to contract with the designated assessor for the county to serve as the district’s assessor of record. If the state tax commission notifies an assessing district that it has fallen out of substantial compliance with the requirements in subsection (1) more than 4 calendar years after the calendar year a notice of substantial compliance was issued, that notice of noncompliance shall be treated as an initial determination of noncompliance under this subsection.

(g) Within 30 days after receiving a notice of noncompliance under subdivisions (a), (b), (d), or (f), an assessing district may file a written petition with the state tax commission challenging the determination. The state tax commission shall arbitrate the dispute based on the documented facts supporting the notice of noncompliance and the information contained in the written petition and may request additional information as needed from the assessing district. If a petition is properly filed under this subdivision, the requirements applicable to an assessing district under subdivisions (a), (c), and (f) do not apply until the state tax commission notifies the assessing district of the results of the arbitration. With respect to the corrective action plan filing requirement in subdivision (a), the 60-day window for filing the plan will run from the date of this notice.

(h) Unless earlier times are agreed to by the state tax commission and the designated assessor, an assessing district that is under contract with a designated assessor under this subsection may petition the state tax commission no sooner than 3 years after commencement of the contract to end its contract with the designated assessor and may subsequently terminate the contract, subject to state tax commission approval, no sooner than 5 years after commencement of the contract. The state tax commission shall approve termination of a contract under this subdivision if it determines that the assessing district can achieve and maintain substantial compliance with the requirements in subsection (1) using a different assessor of record.

(i) Notwithstanding any other provision of this subsection, the state tax commission may immediately require an assessing district to contract with the designated assessor for the county to serve as the district’s assessor of record if after the expiration of 90 days following a second notice of noncompliance under subdivision (b) or the issuance of a notice of arbitration results under subdivision (g), whichever is later, the assessing district has not either contracted with the designated assessor for the county or employed or contracted with a new assessor of record pursuant to subdivision (c) or if both of the following apply:

(i) The assessing district has failed to file an acceptable corrective action plan with the state tax commission under subdivision (a) within 180 days following an initial notice of noncompliance under subdivision (a) or has failed to make a good-faith effort to implement a corrective action plan approved by the state tax commission under subdivision (a) within 240 days following an initial notice of noncompliance under subdivision (a).

(ii) The failure is likely to result in assumption of the assessing district’s assessment roll.

(j) A designated assessor may charge an assessing district that is required to contract with the designated assessor under this subsection, and that assessing district shall pay, for the reasonable costs incurred by the designated assessor in serving as the assessing district’s assessor of record, including, but not limited to, the costs of overseeing and administering the annual assessment, preparing and defending the assessment roll, and operating the assessing office. The state tax commission shall develop guidelines, which, at a minimum, shall provide a means for the ability of an assessing district to protest a charge to the state tax commission and the ability of a means for the state tax commission to resolve disputes between the designated assessor and the assessing district regarding costs and charges.

(k) A designated assessor is a local assessing unit for purposes of the provisions in section 44 concerning the division and use of any collected property tax administration fees.

(4) Beginning December 31, 2020, every county shall have a designated assessor on file with the state tax commission, subject to all of the following:

(a) Subject to subdivision (d), to designate an assessor as a designated assessor, a county shall provide the state tax commission with an interlocal agreement that designates an individual who will serve as the county’s designated assessor and shall petition the state tax commission to approve of the individual as the designated assessor for that county. The interlocal agreement must be executed by the board of commissioners for that county, a majority of the assessing districts in that county, and the individual put forth as the proposed designated assessor. For purposes of this subdivision and subsection (5)(d), an assessing district is considered to be in the county where all of, or in the case of an assessing district that has state equalized value in multiple counties, the largest share of, that assessing district’s state equalized value is located.

(b) Except as otherwise provided in subdivision (d), if the state tax commission determines that an individual named in a petition submitted under subdivision (a) is capable of ensuring that contracting assessing districts achieve and maintain substantial compliance with the requirements in subsection (1), it shall approve the petition.

(c) Except as otherwise provided in subdivision (d), if the state tax commission determines that an individual named in a petition submitted under subdivision (a) is not capable of ensuring that contracting assessing districts achieve and maintain substantial compliance with the requirements in subsection (1), it shall reject the petition and request the submission of additional interlocal agreements under subdivision (a) until a suitable assessor has been presented.

(d) Except as otherwise provided in subdivision (e), an approved designated assessor designation shall not be revoked and no new designation shall be made under subdivision (a) earlier than 5 years following the date of the approved designation.

(e) The state tax commission may designate and approve, on an interim basis and pursuant to a formal agreement, an individual to serve as a county’s designated assessor and, if applicable, revoke the approved designation of the current designated assessor under the following circumstances and subject to the following time limit:

(i) If the designated assessor dies or becomes incapacitated.

(ii) If the designated assessor was designated and approved based on his or her employment status and that status materially changes.

(iii) If it determines at any time that the designated assessor is not capable of ensuring that contracting assessing districts achieve and maintain substantial compliance with the requirements in subsection (1).

(iv) If, as of December 31, 2020, it has not been provided an interlocal agreement, executed as provided in subdivision (a), that presents a suitable individual to serve as the county’s designated assessor.

(v) An approved designation under this subdivision is effective only until a new assessor has been designated and approved under subdivisions (a) to (c).

(5) As used in this section:

(a) “Advanced assessing officer” means an individual certified by the state tax commission pursuant to section 10d as a Michigan Advanced Assessing Officer(3) or, if the state tax commission changes its certification designations, an individual certified by the state tax commission to perform functions equivalent in scope, as determined by the state tax commission, to those that previously could have been performed by a Michigan Advanced Assessing Officer(3).

(b) “Assessing district” means a city, township, or joint assessing authority. Assessing district includes a qualified city that administers a land value tax under the land tax equity act.

(c) “Corrective action plan” means a plan developed by an assessing district that specifically indicates how the assessing district will achieve substantial compliance with the requirements in subsection (1) and when substantial compliance will be achieved.

(d) “Designated assessor” means an individual designated and approved, as provided in subsection (4), to serve a county as the assessor of record for the assessing districts in that county that are required to contract with a designated assessor pursuant to the process specified in subsection (3).

(e) “Master assessing officer” means an individual certified by the state tax commission pursuant to section 10d as a Michigan Master Assessing Officer(4) or, if the state tax commission changes its certification designations, an individual certified by the state tax commission to perform functions equivalent in scope, as determined by the state tax commission, to those that previously could have been performed by a Michigan Master Assessing Officer(4).

(f) “Noncompliance” means that the identified deficiencies, taken together, pose a significant risk that the assessing district is unable to perform the assessing function in conformity with the state constitution and state statute. It is the opposite of substantial compliance and shall be determined based on a holistic evaluation of compliance with the requirements in subsection (1), taking into account the anticipated overall impact of the deficiencies on the assessing district’s ability to perform the assessment function. A finding of noncompliance shall not be based on isolated technical deficiencies.

(g) “Qualified city” means that term as defined in section 2 of the land tax equity act.

(h) (g) “Substantial compliance” means that any identified deficiencies do not pose a significant risk that the assessing district is unable to perform the assessment function in conformity with the state constitution and state statute. It is the opposite of noncompliance.

(6) Not later than 2 years after the effective date of the amendatory act that added this section, December 28, 2020, the state tax commission shall adopt and publish guidelines to implement this section. The guidelines shall include, at a minimum, minimum standards and model policies to be followed for substantial compliance with the requirements of subsection (1) and shall identify those deficiencies that may lead to a finding of noncompliance and those deficiencies that are technical. The state tax commission may update the guidelines as needed to implement this section.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Whitsett moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4968, entitled

A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2016 PA 151.

The bill was read a second time.

Rep. Farhat moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4969, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 9 (MCL 207.779), as amended by 2005 PA 340.

The bill was read a second time.

Rep. Young moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

House Bill No. 4970, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 512a (MCL 206.512a), as added by 2003 PA 28.

The bill was read a second time.

Rep. Young moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

 

 

______

 

 

Rep. Aiyash 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 bills had been reproduced and made available electronically on Tuesday, October 3:

House Bill Nos.     5074   5075   5076   5077  5078   5079   5080   5081   5082 5083

Senate Bill Nos.      538    539    540    541    542    543    544    545    546    547    548    549   550       551          552          553          554          555

 

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, October 4:

Senate Bill Nos.      556    557    558    559    560    561    562

 

The Clerk announced that the following Senate bills had been received on Wednesday, October 4:

Senate Bill Nos.      483    484    485    513

 

 

Reports of Standing Committees

 

 

The Committee on Agriculture, by Rep. Miller, Chair, reported

Senate Bill No. 148, entitled

A bill to amend 1969 PA 224, entitled “An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,” by amending section 12 (MCL 287.392) and by adding sections 11a and 12a.

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. Miller, Paiz, Stone, Young, Coffia, Dievendorf, Fitzgerald and Rheingans

Nays: Reps. VanderWall and Smit

 

 

The Committee on Agriculture, by Rep. Miller, Chair, reported

Senate Bill No. 149, entitled

A bill to amend 1969 PA 224, entitled “An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,” by amending the title and sections 1 and 7 (MCL 287.381 and 287.387) and by adding section 8a.

With the recommendation that the substitute (H-2) 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. Miller, Paiz, Stone, Young, Coffia, Dievendorf, Fitzgerald and Rheingans

Nays: Reps. VanderWall and Smit

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Miller, Chair, of the Committee on Agriculture, was received and read:

Meeting held on: Wednesday, October 4, 2023

Present: Reps. Miller, Paiz, Stone, Young, Coffia, Dievendorf, Fitzgerald, Rheingans, Neyer, VanderWall, Roth, Bierlein and Smit

 

 

The Committee on Local Government and Municipal Finance, by Rep. Fitzgerald, Chair, referred

House Bill No. 4675, entitled

A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending sections 4, 13, and 14 (MCL 124.754, 124.763, and 124.764).

to the Committee on Tax Policy.

Favorable Roll Call

 

To Refer:

Yeas: Reps. Fitzgerald, Byrnes, Shannon, Breen, Rogers, Hill, Paiz, Zorn, Bezotte, BeGole and Prestin

Nays: None

The bill was referred to the Committee on Tax Policy.

 

 

The Committee on Local Government and Municipal Finance, by Rep. Fitzgerald, Chair, referred

House Bill No. 4679, entitled

A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending section 18 (MCL 141.118), as amended by 1987 PA 229.

to the Committee on Tax Policy.

 

 

Favorable Roll Call

 

To Refer:

Yeas: Reps. Fitzgerald, Byrnes, Shannon, Breen, Rogers, Hill, Paiz, Zorn, Bezotte, BeGole and Prestin

Nays: None

The bill was referred to the Committee on Tax Policy.

 

 

The Committee on Local Government and Municipal Finance, by Rep. Fitzgerald, Chair, reported

House Bill No. 5048, entitled

A bill to amend 1974 PA 263, entitled “An act to permit counties to impose and collect an excise tax on persons engaged in the business of providing rooms for dwelling, lodging, or sleeping purposes to transient guests; to provide for the disposition of the revenues thereof; and to prescribe penalties,” by amending the title and sections 1, 2, 3, 4, 6, and 7 (MCL 141.861, 141.862, 141.863, 141.864, 141.866, and 141.867), section 2 as amended by 2004 PA 118, section 4 as amended by 2014 PA 284, and section 7 as amended by 1989 PA 13, and by adding section 2a.

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. Fitzgerald, Byrnes, Shannon, Breen, Hill, Hoskins and Paiz

Nays: Reps. Paquette, BeGole and Prestin

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Fitzgerald, Chair, of the Committee on Local Government and Municipal Finance, was received and read:

Meeting held on: Wednesday, October 4, 2023

Present: Reps. Fitzgerald, Byrnes, Shannon, Breen, Rogers, Hill, Hoskins, Paiz, Zorn, Paquette, Bezotte, BeGole and Prestin

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Glanville, Chair, of the Committee on Higher Education, was received and read:

Meeting held on: Wednesday, October 4, 2023

Present: Reps. Glanville, Rheingans, Koleszar, Scott, Byrnes, Coffia, Hill, MacDonell, Paiz, VanderWall, Paquette, Zorn, Bruck and DeSana

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Breen, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, October 4, 2023

Present: Reps. Breen, Edwards, Tyrone Carter, Hope, Arbit, Dievendorf, Hoskins, Tsernoglou, Fink, Wendzel, Wozniak, Outman and Johnsen

 

 

Messages from the Senate

 

 

House Bill No. 4439, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 5 and 7a (MCL 423.235 and 423.237a), section 5 as amended by 2011 PA 116.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4438, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 2 (MCL 423.232), as amended by 2011 PA 116.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 42, the bill was laid over one day.

 

 

Senate Bill No. 483, entitled

A bill to provide for a cost and affordability review of certain prescription drug products; to create the prescription drug pricing board and prescription drug affordability stakeholder council and to prescribe their powers and duties; to provide for the powers and duties of certain state governmental officers and entities; to establish upper payment limits for certain prescription drug products and provide remedies; and to provide for the promulgation of rules.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

 

 

Senate Bill No. 484, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406z.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

 

 

Senate Bill No. 485, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109o.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

Senate Bill No. 513, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as amended by 2017 PA 148.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Health Policy.

 

 

Notices

 

 

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation from further consideration of Senate Bill No. 88.

                                                                                       Rep. Aiyash

 

 

Messages from the Governor

 

 

Date: October 3, 2023

Time: 2:54 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4377 (Public Act No. 141), being

An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 4d (MCL 205.94d), as amended by 2015 PA 172.

(Filed with the Secretary of State on October 3, 2023, at 3:34 p.m.)

 

 

Date: October 3, 2023

Time: 2:56 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4378 (Public Act No. 142), being

An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4g (MCL 205.54g), as amended by 2015 PA 171.

(Filed with the Secretary of State on October 3, 2023, at 3:36 p.m.)

 

 

Date: October 3, 2023

Time: 2:58 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4356 (Public Act No. 143), being

An act to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15 (MCL 423.215), as amended by 2023 PA 115.

(Filed with the Secretary of State on October 3, 2023, at 3:38 p.m.)

Date: October 3, 2023

Time: 3:00 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4357 (Public Act No. 144), being

An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 164h (MCL 388.1764h), as amended by 2018 PA 265.

(Filed with the Secretary of State on October 3, 2023, at 3:40 p.m.)

 

 

Date: October 3, 2023

Time: 3:04 p.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4200 (Public Act No. 145, I.E.), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 9206 (MCL 333.9206), as amended by 2023 PA 97.

(Filed with the Secretary of State on October 3, 2023, at 3:42 p.m.)

 

 

Introduction of Bills

 

 

Reps. Brenda Carter, Pohutsky and Steckloff introduced

House Bill No. 5084, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3406d (MCL 500.3406d), as amended by 2016 PA 276, and by adding section 3406z.

The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.

 

 

Reps. Markkanen, Jaime Greene, Cavitt, Rigas, Prestin, Hoadley and Martin introduced

House Bill No. 5085, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending section 7a (MCL 432.107a), as amended by 1999 PA 108, and by adding sections 7e, 7f, and 7g.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

Reps. Markkanen, Rigas, Prestin, Hoadley and Martin introduced

House Bill No. 5086, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43537 (MCL 324.43537), as amended by 2013 PA 108.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. Markkanen, Prestin, Rigas, Hoadley and Martin introduced

House Bill No. 5087, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 516.

The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

 

 

Reps. Aiyash, McKinney, Wilson, Edwards, Hope, Hood, Wegela, Dievendorf, Rheingans, Paiz, McFall and Young introduced

House Bill No. 5088, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 14n, 14o, 14p, 14q, 14r, 14s, and 14u.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. McKinney, Aiyash, Wilson, Edwards, Hope, Hood, Paiz, Wegela, Dievendorf, Rheingans, McFall and Young introduced

House Bill No. 5089, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14t.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. Aiyash, McKinney, Wilson, Hope, Edwards, Hood, Wegela, Paiz, Dievendorf, Rheingans, McFall and Young introduced

House Bill No. 5090, entitled

A bill to prescribe the powers and duties of certain providers of retail water service in this state; to prescribe the powers and duties of certain state officers and entities; to prohibit certain acts and practices of providers of retail water service; and to provide for remedies and penalties for certain violations of this act.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. McFall, McKinney, Aiyash, Edwards, Hope, Hood, Wegela, Paiz, Dievendorf, Rheingans and Young introduced

House Bill No. 5091, entitled

A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by adding section 1d.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. Wilson, McKinney, Aiyash, Edwards, Hope, Hood, Wegela, Paiz, Dievendorf, Rheingans, McFall and Young introduced

House Bill No. 5092, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending the title and sections 282 and 383a (MCL 750.282 and 750.383a), the title as amended by 2010 PA 107, section 282 as amended by 1987 PA 32, and section 383a as amended by 2008 PA 413.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

Reps. McKinney, Aiyash, Edwards, Wilson, Hope, Hood, Wegela, Dievendorf, Rheingans, Paiz, McFall and Young introduced

House Bill No. 5093, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16o and 16s of chapter XVII (MCL 777.16o and 777.16s), section 16o as amended by 2012 PA 169 and section 16s as amended by 2008 PA 414.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation.

 

 

Reps. Bruck and Kunse introduced

House Bill No. 5094, entitled

A bill to facilitate the streamlined processing of applications for state permits; to establish certain time frames for the processing of applications for state permits; to provide for the refund or waiver of application fees if permits are not processed within applicable time frames; to require certain reports; and to provide for the powers and duties of certain state governmental officers and entities.

The bill was read a first time by its title and referred to the Committee on Government Operations.

 

 

Rep. Andrews introduced

House Bill No. 5095, entitled

A bill to amend 2018 PA 540, entitled “Economic development incentive evaluation act,” by amending section 3 (MCL 18.1753).

The bill was read a first time by its title and referred to the Committee on Economic Development and Small Business.

 

 

Announcements by the Clerk

 

 

     September 27, 2023

Received from the Auditor General a copy of the:

·         Performance audit on State Public Universities Reporting of Selected Higher Education Institutional Data Inventory (HEIDI) Data, State Budget Office (331-0300-23), Fiscal Years 2021 and 2022.

 

September 28, 2023

Received from the Auditor General a copy of the:

·         Financial audit including the report on internal control, compliance, and other matters of the Michigan Justice Training Fund, Michigan Commission on Law Enforcement Standards, Michigan Department of State Police (551-0101-23), Fiscal Years Ended September 30, 2022 and September 30, 2021.

                                                                                  Richard J. Brown

                                                                                  Clerk of the House

 

 

______

 

 

Rep. Johnsen moved that the House adjourn.

The motion prevailed, the time being 5:00 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Thursday, October 5, at 12:00 Noon.

 

 

RICHARD J. BROWN

Clerk of the House of Representatives