evidence_text:
Senator Geiss offered the following amendments:

1. Amend page 5, following line 17, by inserting:

“ Sec. 2103a. As used in this chapter:

(a) “Group automobile insurance” means automobile insurance written on a group, franchise, blanket policy, or similar basis covering eligible employees or members, with or without their eligible dependents, of a governmental corporation, unit, agency, or department, or to a corporation, partnership, individual employer, or an association.

(b) “Total return rating” means the consideration of total revenue and available assets of the insurer, including, but not limited to, investment income, capital and surplus, underwriting and operating profits, premium revenue, and all other reserves .

Sec. 2105. (1) No A policy of automobile insurance or home insurance shall NOT be offered, bound, made, issued, delivered , or renewed in this state on and after January 1, 1981, except in conformity with this chapter. This chapter shall DOES not apply to policies of automobile insurance or home insurance offered, bound, made, issued, delivered or renewed in this state before January 1, 1981.

(2) This chapter shall does not apply to insurance written on a group, franchise, blanket policy, or similar basis which that offers home insurance or automobile insurance to all members of the group, franchise plan, or blanket coverage who are eligible persons.

Sec. 2106. Except as specifically provided in this chapter, the provisions of chapter 24 and chapter 26 shall DO not apply to automobile insurance and home insurance. An insurer may use rates for automobile insurance or home insurance as soon as those rates are filed. An insurer shall not use rates for automobile insurance until those rates have been approved by the director . To the extent that other provisions of this code act are inconsistent with the provisions of this chapter, this chapter shall govern GOVERNS with respect to automobile insurance and home insurance.

SEC. 2106A. TO BE AUTHORIZED TO WRITE GROUP AUTOMOBILE INSURANCE IN THIS STATE, AN INSURER SHALL OFFER THE GROUP COVERAGE TO EVERY ELIGIBLE PERSON IN THE GROUP IN A UNIFORM MANNER AND SHALL FOLLOW THE RATE-MAKING, UNDERWRITING, AND OTHER APPLICABLE PROVISIONS OF THIS ACT.

SEC. 2107A. (1) BY NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THEREAFTER, EACH INSURER SUBJECT TO THIS CHAPTER SHALL FILE BASE RATES FOR AUTOMOBILE INSURANCE AND SHALL MAKE FILINGS THAT CONFORM TO THIS ACT AS AMENDED BY THE AMENDATORY ACT THAT ADDED THIS SECTION AND THE AMENDATORY ACT THAT ADDED SECTION 2107B.

(2) THE DIRECTOR SHALL REVIEW A FILING SUBMITTED UNDER SUBSECTION (1) AND SHALL APPROVE OR DISAPPROVE THE FILING WITHIN 60 DAYS AFTER ITS SUBMISSION.

(3) A FILING APPROVED UNDER SUBSECTION (2) MUST NOT BE REVISED FOR 12 MONTHS AFTER THE EFFECTIVE DATE OF THE FILING UNLESS THE REVISION MEETS EITHER OF THE FOLLOWING:

(A) LOWERS THE PRICE OF THE COVERAGE.

(B) IS IN RESPONSE TO A RULING OR DECISION BY THE DIRECTOR, THE COURT, OR A HEARING OFFICER.

(4) A RULE CHANGE OR OTHER CHANGE FILED WITH THE DIRECTOR THAT RESULTS IN A CHANGE IN THE COST OF COVERAGE IS CONSIDERED A REVISION IN A RATE FILING UNDER THIS SECTION.

(5) IF A FILING IS DISAPPROVED UNDER SUBSECTION (2), THE INSURER, WITHIN 30 DAYS OF THE ORDER OF DISAPPROVAL, SHALL MAKE A REVISED FILING WITH THE DIRECTOR. THE REVISED FILING IS SUBJECT TO REVIEW UNDER THIS CHAPTER IN THE SAME MANNER AS AN ORIGINAL FILING MADE UNDER THIS CHAPTER.

Sec. 2108. (1) On EXCEPT AS OTHERWISE PROVIDED IN SECTION 2107A, ON the effective date of a manual of classification, manual of rules and rates, rating plan, or modification of a manual of classification, manual of rules and rates, or rating plan that an insurer proposes to use for automobile insurance or home insurance, the insurer shall file the manual or plan with the director. Each filing under this subsection must state the character and extent of the coverage contemplated. An insurer that is subject to this chapter and that maintains rates in any part of this state shall at all times maintain rates in effect for all eligible persons meeting the underwriting criteria of the insurer.

(2) An EXCEPT FOR FILINGS CONCERNING RATES, AN insurer may satisfy its obligation to make filings under subsection (1) by becoming a member of, or a subscriber to, a LICENSED rating organization licensed under chapter 24 or chapter 26 that makes the filings, and by filing with the director a copy of its authorization of the rating organization to make the filings on its behalf. This chapter does not require an insurer to become a member of or a subscriber to a rating organization. An insurer may file and use deviations from filings made on its behalf. The deviations are subject to this chapter.

(3) A filing under this section must be accompanied by a certification by or on behalf of the insurer that, to the best of the insurer’s information and belief, the filing conforms to the requirements of this chapter.

(4) A filing under this section must include information that supports the filing with respect to the requirements of section 2109 OR 2109A, AS APPLICABLE . The information may include 1 or more of the following:

(a) The experience or judgment of the insurer or rating organization making the filing.

(b) The interpretation of the insurer or rating organization of any statistical data it relies on.

(c) The experience of other insurers . or rating organizations.

(d) Any other relevant information.

(5) Except as otherwise provided in this subsection, the department shall make a filing under this section and any accompanying information open to public inspection on filing. An insurer or a rating organization filing on the insurer’s behalf may designate information included in the filing or any accompanying information as a trade secret. The insurer or the rating organization filing on behalf of the insurer shall demonstrate to the director that the designated information is a trade secret. If the director determines that the information is a trade secret, the information is not subject to public inspection and is exempt from the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. As used in this subsection, “trade secret” means that term as defined in section 2 of the uniform trade secrets act, 1998 PA 448, MCL 445.1902. However, trade secret does not include filings and information accompanying filings under this section that were subject to public inspection before the effective date of the amendatory act that added this sentence.

(6) An insurer shall not make, issue, or renew a contract or policy except in accordance with filings that are in effect for the insurer under this chapter.

Sec. 2109. (1) All rates for automobile insurance and home insurance shall be made in accordance with the following provisions:

(a) Rates shall not be excessive, inadequate, or unfairly discriminatory. A rate shall not be held to be excessive unless the rate is unreasonably high for the insurance coverage provided and a reasonable degree of competition does not exist for the insurance to which the rate is applicable.

(b) A rate shall not be held to be inadequate unless the rate is unreasonably low for the insurance coverage provided and the continued use of the rate endangers the solvency of the insurer; or unless the rate is unreasonably low for the insurance provided and the use of the rate has or will have the effect of destroying competition among insurers, creating a monopoly, or causing a kind of insurance to be unavailable to a significant number of applicants who are in good faith entitled to procure that insurance through ordinary methods.

(c) A rate for a coverage is unfairly discriminatory in relation to another rate for the same coverage if the differential between the rates is not reasonably justified by differences in losses, expenses, or both, or by differences in the uncertainty of loss, for the individuals or risks to which the rates apply. A reasonable justification shall be supported by a reasonable classification system; by sound actuarial principles when applicable; and by actual and credible loss and expense statistics or, in the case of new coverages and classifications, by reasonably anticipated loss and expense experience. A rate is not unfairly discriminatory because it reflects differences in expenses for individuals or risks with similar anticipated losses, or because it reflects differences in losses for individuals or risks with similar expenses.

(2) A determination concerning the existence of a reasonable degree of competition with respect to subsection (1)(a) shall take into account a reasonable spectrum of relevant economic tests, including the number of insurers actively engaged in writing the insurance in question, the present availability of such insurance compared to its availability in comparable past periods, the underwriting return of that insurance over a period of time sufficient to assure reliability in relation to the risk associated with that insurance, and the difficulty encountered by new insurers in entering the market in order to compete for the writing of that insurance.

SEC. 2109A. (1) ALL RATES FOR AUTOMOBILE INSURANCE SHALL BE REVIEWED BY THE DIRECTOR BY EXAMINING THE INSURER’S REPORT PREPARED UNDER SECTION 2128 AND ANY INPUT RECEIVED UNDER A PUBLIC HEARING UNDER SECTION 2107B AND SHALL BE MADE IN ACCORDANCE WITH TOTAL RETURN RATING AND THE FOLLOWING PROVISIONS:

(A) RATES SHALL NOT BE EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY. A RATE SHALL NOT BE APPROVED BY THE DIRECTOR UNLESS IT IS ACTUARIALLY JUSTIFIED BASED UPON THE INFORMATION RECEIVED UNDER SECTION 2128 . THE DIRECTOR MAY EXAMINE THE PERCENTAGE OF UNINSURED DRIVERS IN THE STATE IN MAKING A DETERMINATION UNDER THIS SUBDIVISION. THE PERCENTAGE OF UNINSURED DRIVERS MAY BE OBTAINED FROM INFORMATION, INCLUDING, BUT NOT LIMITED TO, STATISTICS AND DATA FROM THE INSURANCE INFORMATION INSTITUTE, THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS, AND LAW ENFORCEMENT AGENCIES.

(B) A RATE SHALL NOT BE HELD TO BE INADEQUATE UNLESS THE RATE, AFTER CONSIDERATION OF INVESTMENT INCOME AND SURPLUS, IS UNREASONABLY LOW FOR THE INSURANCE COVERAGE PROVIDED AND IS INSUFFICIENT TO SUSTAIN PROJECTED LOSSES AND EXPENSES; OR UNLESS THE RATE IS UNREASONABLY LOW FOR THE INSURANCE PROVIDED AND THE USE OF THE RATE HAS OR WILL HAVE THE EFFECT OF DESTROYING COMPETITION AMONG INSURERS, CREATING A MONOPOLY, OR CAUSING A KIND OF INSURANCE TO BE UNAVAILABLE TO A SIGNIFICANT NUMBER OF APPLICANTS WHO ARE IN GOOD FAITH ENTITLED TO PROCURE THAT INSURANCE THROUGH ORDINARY METHODS.

(C) A RATE FOR A COVERAGE IS UNFAIRLY DISCRIMINATORY IN RELATION TO ANOTHER RATE FOR THE SAME COVERAGE IF THE DIFFERENTIAL BETWEEN THE RATES IS NOT REASONABLY JUSTIFIED BY DIFFERENCES IN LOSSES, EXPENSES, OR BOTH, OR BY DIFFERENCES IN THE UNCERTAINTY OF LOSS, FOR THE INDIVIDUALS OR RISKS TO WHICH THE RATES APPLY. A REASONABLE JUSTIFICATION SHALL BE SUPPORTED BY A REASONABLE CLASSIFICATION SYSTEM; BY SOUND ACTUARIAL PRINCIPLES WHEN APPLICABLE; AND BY ACTUAL AND CREDIBLE LOSS AND EXPENSE STATISTICS OR, IN THE CASE OF NEW COVERAGES AND CLASSIFICATIONS, BY REASONABLY ANTICIPATED LOSS AND EXPENSE EXPERIENCE. A RATE IS NOT UNFAIRLY DISCRIMINATORY BECAUSE IT REFLECTS DIFFERENCES IN EXPENSES FOR INDIVIDUALS OR RISKS WITH SIMILAR ANTICIPATED LOSSES, OR BECAUSE IT REFLECTS DIFFERENCES IN LOSSES FOR INDIVIDUALS OR RISKS WITH SIMILAR EXPENSES.

(2) THE DIRECTOR SHALL NOT APPROVE A RATE INCREASE FOR AUTOMOBILE INSURANCE UNLESS THE DIRECTOR DETERMINES THAT THE DATA RECEIVED FROM THE REPORT PREPARED PURSUANT TO SECTION 2128 JUSTIFIES A RATE INCREASE. THE DIRECTOR SHALL NOT APPROVE A RATE INCREASE BY EXAMINING ACTUARIAL DATA FROM A LINE OTHER THAN THE INSURER’S AUTOMOBILE INSURANCE LINE OR IF THE INSURER FAILS TO FILE THE DATA REQUIRED BY SECTION 2128. THE DIRECTOR SHALL NOT APPROVE A RATE INCREASE IF THE DIRECTOR FINDS THE INSURER’S ADMINISTRATIVE EXPENSES TO BE EXCESSIVE.

(3) EACH INSURER SHALL SUBMIT ANNUALLY TO THE DIRECTOR A COMPLETE BREAKDOWN OF LITIGATION COSTS ASSOCIATED WITH FIRST AND THIRD PARTY AUTOMOBILE INSURANCE CLAIMS THAT HAVE BEEN RECEIVED OR ARE IN THE PROCESS OF BEING LITIGATED AND OF AMOUNTS RESERVED TO BE USED FOR THOSE EXPENSES. THE DIRECTOR SHALL NOT APPROVE A RATE IF THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE LITIGATION OF FIRST PARTY CLAIMS EXCEED 1% OF THE ADMINISTRATIVE COSTS ASSOCIATED WITH THE LITIGATION OF THIRD PARTY CLAIMS. EACH AUTOMOBILE INSURANCE INSURER’S TOTAL ADMINISTRATIVE EXPENSES SHALL BE ALLOCATED TO EACH TERRITORY ACCORDING TO THE INSURER’S PROPORTIONATE SHARE OF PREMIUM WRITTEN IN EACH TERRITORY. EACH PREMIUM CHARGED WITHIN EACH TERRITORY SHALL CONTAIN AN EQUAL SHARE OF THE ADMINISTRATIVE EXPENSE FOR THE TERRITORY. RATES SHALL BE FILED AND CHARGED UNDER THIS SECTION SO THAT EACH AUTOMOBILE INSURANCE PREMIUM INCLUDES AN EQUAL SHARE OF EACH INSURER’S OVERALL ADMINISTRATIVE EXPENSE.

SEC. 2109B. (1) IF THE DIRECTOR DETERMINES THAT ANY PERSON OR ORGANIZATION HAS VIOLATED THE AUTOMOBILE RATE-MAKING OR UNDERWRITING PROVISIONS OF THIS CHAPTER, THE DIRECTOR MAY ISSUE A CEASE AND DESIST ORDER AND ORDER THE PERSON OR ORGANIZATION TO PAY A CIVIL FINE OF NOT MORE THAN $500.00 FOR EACH VIOLATION AND A CIVIL FINE OF NOT MORE THAN $5,000.00 FOR EACH WILLFUL VIOLATION. A DEFAULT IN THE PAYMENT OF A CIVIL FINE UNDER THIS SECTION MAY BE REMEDIED BY ANY MEANS AUTHORIZED UNDER THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 600.9947.

(2) IF THE DIRECTOR FINDS THAT A VIOLATION OF THE AUTOMOBILE RATE-MAKING OR UNDERWRITING PROVISIONS OF THIS CHAPTER HAS OCCURRED AND THAT THE VIOLATION HAS RESULTED IN AN INCREASE IN AUTOMOBILE INSURANCE PREMIUMS OR A DECREASE IN BENEFITS, THE DIRECTOR SHALL ORDER THE INSURER TO RETURN THE PREMIUM OR THE AMOUNT OF BENEFITS THAT SHOULD HAVE BEEN PAID, ALONG WITH A SIMPLE INTEREST CHARGE OF 12% PER ANNUM TO BE APPLIED FROM THE TIME THE PREMIUM WAS COLLECTED OR THE BENEFIT WAS DUE OR WOULD HAVE BEEN DUE TO THE CONSUMER.

(3) THE DIRECTOR MAY SUSPEND THE LICENSE OF AN INSURER THAT FAILS TO COMPLY WITH THE DIRECTOR’S ORDER TO CORRECT A VIOLATION OF THIS CHAPTER.

Sec. 2110. (1) In developing and evaluating rates pursuant to the standards prescribed in section SECTIONS 2109 AND 2109A , due consideration shall be given to past and prospective loss experience within and outside this state ; , to catastrophe hazards, if any; to a reasonable margin for underwriting profit and contingencies; to dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers; to past and prospective expenses, both countrywide and those specially applicable to this state exclusive of assessments under this code ACT ; to assessments under this code ACT ; to underwriting practice and judgment; and to all other relevant factors within and outside this state.

(2) The systems of expense provisions included in the rates for use by any insurer or group of insurers may differ from those of other insurers or groups of insurers to reflect the requirements of the operating methods of the insurer or group with respect to any kind of insurance, or with respect to any subdivision or combination thereof for which subdivision or combination separate expense provisions are applicable.

(3) Risks may be grouped by classifications for the establishment of rates and minimum premiums. The classifications may measure differences in losses, expenses, or both.

Sec. 2114. (1) A person or organization aggrieved with respect to any filing which THAT is in effect and which THAT affects the person or organization may make written application to the commissioner DIRECTOR for a hearing on the filing. However, the insurer or rating organization which that made the filing shall not be authorized to proceed under this subsection. The application shall specify the grounds to be relied upon by the applicant. If the commissioner DIRECTOR finds that the application is made in good faith, that the applicant would be so aggrieved if the grounds specified are established, or that the grounds specified otherwise justify holding a hearing, the commissioner, DIRECTOR, not more than 30 days after receipt of the application, shall hold a hearing in accordance with Act No. 306 of the Public Acts of 1969, as amended THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328 , upon not less than 10 days’ written notice to the applicant, the insurer, and the rating organization which THAT made the filing.

(2) If after hearing initiated under subsection (1) or upon the commissioner’s DIRECTOR’S own motion pursuant to Act No. 306 of the Public Acts of 1969, as amended THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328 , the commissioner DIRECTOR finds that a filing does not meet the requirements of sections 2109 , and 2109A, OR 2111, AS APPLICABLE, the commissioner DIRECTOR shall issue an order stating the specific reasons for that finding. The order shall state when, within a reasonable time after issuance of the order, the filing shall be considered no longer effective. A copy of the order shall be sent to the applicant, if any, and to each insurer and rating organization subject to the order. The order shall not affect a contract or policy made or issued before the date the filing becomes ineffective, as indicated in the commissioner’s DIRECTOR’S order.

Sec. 2115. (1) If as part of a decision in a proceeding under section 2114, or in a separate proceeding on the commissioner’s DIRECTOR’S own motion, held pursuant to Act No. 306 of the Public Acts of 1969, as amended THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328 , the commissioner DIRECTOR finds that a reasonable degree of competition does not exist on a statewide basis with respect to automobile insurance or home insurance, the commissioner DIRECTOR shall by order require each insurer which THAT transacts that type of HOME insurance in this state to comply with the provisions of chapter 24 or 26 . , as the case may be, with respect to that insurance which was the subject of the commissioner’s finding. The order shall take effect not less than 90 nor more than 150 days after the order is issued. On or after the effective date of an order issued under this subsection, none of the provisions of this chapter shall be applicable to the HOME insurance . which was the subject of the order.

(2) After an order issued pursuant to UNDER subsection (1) has been in effect for 1 year, if the commissioner DIRECTOR has reason to believe that there would be a reasonable degree of price competition for the type of insurance affected by the order, or if, upon the petition of an insurer or a resident of this state, there is a showing that there is reason to believe that there would be a reasonable degree of price competition , for that type of insurance, the commissioner DIRECTOR shall hold a hearing pursuant to Act No. 306 of the Public Acts of 1969, as amended THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328 , to determine if a reasonable degree of price competition would exist if the order were no longer in effect. The hearing shall be held upon not less than 20 days’ written notice to each insurer subject to the order and upon not less than 20 days’ notice in not less than 3 newspapers of general circulation within this state.

(3) If the commissioner DIRECTOR finds after the hearing that a reasonable degree of price competition would exist, the commissioner DIRECTOR shall by order state when, not less than 90 nor more than 150 days after issuance of a new order, the preceding order will no longer be effective. On and after the effective date of an order issued under this subsection, the provisions of this chapter shall be applicable to the type of HOME insurance . which was the subject of the order. ”.

2. Amend page 6, line 1, by inserting:

“ SEC. 2111F. (1) BY 90 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, AN INSURER SHALL FILE RATES FOR AUTOMOBILE INSURANCE THAT REFLECT FOR ALL COVERAGES AN OVERALL AVERAGE RATE REDUCTION OF 50% OR MORE OF THE AVERAGE RATE CHARGED FOR ALL COVERAGES BY THE AUTOMOBILE INSURER ON MAY 1, 2019. THE RATE REDUCTION OR PREMIUM FOR A SPECIFIED INSURED MAY VARY BECAUSE OF DISCOUNTS, SURCHARGES, APPLICATION OF RATING FACTORS, AND COVERAGE SELECTION.

(2) THIS SECTION APPLIES TO ALL POLICIES OF AUTOMOBILE INSURANCE OR HOME INSURANCE OFFERED, BOUND, MADE, ISSUED, DELIVERED OR RENEWED IN THIS STATE, INCLUDING AUTOMOBILE OR HOME INSURANCE WRITTEN ON A GROUP, FRANCHISE, BLANKET POLICY, OR SIMILAR BASIS. ”.

3. Amend page 10, following line 3, by inserting:

“Sec. 2127. The commissioner DIRECTOR may by ORDER OR rule prospectively require insurers, rating organizations, and advisory organizations to collect and report data only to the extent necessary to monitor and evaluate the automobile and home insurance markets in this state. The commissioner DIRECTOR shall authorize the use of sampling techniques in each instance where sampling is practicable and consistent with the purposes for which the data are to be collected and reported. ORDERS ISSUED OR RULES PROMULGATED UNDER THIS SECTION ARE IN ADDITION TO, AND DO NOT REPLACE, THE REPORTING REQUIREMENTS IN SECTION 2128.

SEC. 2128. ON OR BEFORE APRIL 1 OF EACH YEAR, EACH INSURER WHO ISSUES AUTOMOBILE INSURANCE IN THIS STATE SHALL FILE WITH THE DIRECTOR ON FORMS PRESCRIBED BY THE DIRECTOR, THE FOLLOWING AUTOMOBILE INSURANCE DATA, BY TERRITORY, FOR THE PRIOR CALENDAR YEAR:

(A) WITH RESPECT TO PERSONAL PROTECTION INSURANCE COVERAGE:

( i ) THE NUMBER OF CLAIMS FOR PERSONAL PROTECTION INSURANCE BENEFITS FOR WHICH PAYMENT IS MADE.

( ii ) THE NUMBER OF CLAIMS FOR PERSONAL PROTECTION INSURANCE BENEFITS THAT ARE CLOSED WITHOUT PAYMENT.

( iii ) THE NUMBER OF CLAIMS FOR PERSONAL PROTECTION INSURANCE BENEFITS THAT INVOLVE SOME FORM OF LITIGATION AND ARE CLOSED WITHOUT PAYMENT.

( iv ) THE NUMBER OF CLAIMS FOR PERSONAL PROTECTION INSURANCE BENEFITS THAT INVOLVE LITIGATION AND FOR WHICH PAYMENT IS MADE AFTER LITIGATION COMMENCES, INCLUDING THE LENGTH OF TIME BETWEEN THE FILING OF THE CLAIM AND THE FIRST PAYMENT.

( v ) THE AMOUNT OF INTEREST CHARGES PAID ON CLAIMS FOR PERSONAL PROTECTION INSURANCE BENEFITS AND THE NUMBER OF CASES FOR WHICH INTEREST CHARGES HAVE BEEN PAID.

( vi ) THE LITIGATION COSTS FOR CLAIMS FOR PERSONAL PROTECTION INSURANCE BENEFITS.

( vii ) THE NUMBER OF CASES GOING TO VERDICT AND THE AMOUNT OF THE VERDICT IN THOSE CASES WHERE AN AWARD IS MADE.

( viii ) THE NUMBER OF VERDICTS OF NO CAUSE OF ACTION.

( ix ) THE NUMBER OF CASES WHERE ATTORNEY FEES ARE PAID, THE TOTAL AMOUNT OF ATTORNEY FEES PAID, AND THE AMOUNT OF ATTORNEY FEES PAID FOR EACH CASE WHERE FEES WERE PAID.

(B) WITH RESPECT TO RESIDUAL LIABILITY INSURANCE COVERAGE:

( i ) THE NUMBER OF THIRD PARTY AUTOMOBILE BODILY INJURY TORT CLAIMS CLOSED BY PAYMENT TO THE CLAIMANT BEFORE THE COMMENCEMENT OF LITIGATION AND A BREAKDOWN OF HOW MANY OF THESE CLAIMS WERE DEATH THRESHOLD CLAIMS, SERIOUS IMPAIRMENT OF BODY FUNCTION THRESHOLD CLAIMS, AND PERMANENT SERIOUS DISFIGUREMENT THRESHOLD CLAIMS.

( ii ) THE NUMBER OF THIRD PARTY AUTOMOBILE BODILY INJURY TORT CLAIM LAWSUITS FILED, AND A BREAKDOWN OF HOW MANY WERE FILED FOR DEATH THRESHOLD CLAIMS, SERIOUS IMPAIRMENT OF BODY FUNCTION THRESHOLD CLAIMS, AND PERMANENT SERIOUS DISFIGUREMENT THRESHOLD CLAIMS.

( iii ) THE NUMBER OF THIRD PARTY AUTOMOBILE BODILY INJURY TORT CLAIMS CLOSED BY PAYMENT TO THE CLAIMANT AFTER THE COMMENCEMENT OF LITIGATION AND A BREAKDOWN OF HOW MANY OF THESE CLAIMS WERE DEATH THRESHOLD CLAIMS, SERIOUS IMPAIRMENT OF BODY FUNCTION THRESHOLD CLAIMS, AND PERMANENT SERIOUS DISFIGUREMENT THRESHOLD CLAIMS.

( iv ) THE DOLLAR AMOUNT PAID TO CLAIMANTS TO SETTLE THIRD PARTY AUTOMOBILE BODILY INJURY TORT CLAIMS BEFORE AND AFTER LITIGATION HAD BEEN COMMENCED AND A BREAKDOWN OF THE DOLLAR AMOUNTS PAID FOR DEATH THRESHOLD CLAIMS, SERIOUS IMPAIRMENT OF BODY FUNCTION THRESHOLD CLAIMS, AND PERMANENT SERIOUS DISFIGUREMENT THRESHOLD CLAIMS.

( v ) THE NUMBER AND DOLLAR AMOUNT PAID OR RESERVED FOR ALL BODILY INJURY CLAIMS SET UP OR OPENED, INDICATING THE NUMBER AND DOLLAR AMOUNT OF RESERVES FOR CLAIMS REMAINING OPEN AT THE END OF THE REPORTING PERIOD. ”.

4 . Amend page 78, following line 25, by inserting:

“Enacting section 1. Sections 2107 and 2131 of the insurance code of 1956, 1956 PA 218, MCL 500.2107 and 500.2131, are repealed.” and renumbering the remaining enacting section.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:


evidence_text:
Senator Bullock offered the following amendment:

1. Amend page 79, following line 2, by inserting:

“Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 88 of the 100th Legislature is enacted into law.”

The amendment was not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:


evidence_text: Senator Hollier offered to amend the title to read as follows:


evidence_text:
Senators McMorrow, Bayer, Irwin, Hertel, Moss, Chang, Geiss and Bullock, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.


evidence_text: Senators Geiss, Nesbitt, Hertel, Hollier and Horn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.


activity_role: postpone

evidence_text:
Senator MacGregor moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 25

Senate Resolution No. 30

Senate Resolution No. 38

The motion prevailed.


evidence_text:
Senator MacGregor moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:

Senate Resolution No. 45

The motion prevailed, a majority of the members serving voting therefor.


evidence_text: Senators Schmidt, Horn, Hollier, Brinks, McMorrow, Polehanki, Outman, Nesbitt, Moss, Bumstead, McBroom, Irwin, VanderWall, Victory and Zorn offered the following resolution:


activity_role: adjourn

evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 1:09 p.m.


evidence_text:
Rep. Cole moved that Rule 71 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.


evidence_text: Reps. Ellison, Calley, Cherry, Garza, Gay-Dagnogo, Haadsma, Kahle, Liberati, Pagan, Pohutsky, Shannon, Sneller, Sowerby, Stone, Tate and Warren offered the following resolution:


evidence_text:
Rep. Farrington moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.


evidence_text:
Rep. Cole moved that Rule 42 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.


evidence_text:
Rep. Wentworth moved that the Committee on Insurance be discharged from further consideration of House Bill No. 4397 .

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Rep. Wentworth 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.


evidence_text:
Rep. Yaroch moved to amend the bill as follows:

1. Amend page 5, line 6, by striking out all of section 1245 .

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


evidence_text:
Rep. Yaroch moved to amend the bill as follows:

1. Amend page 55, line 4, after “ (3) ” by striking out “ and (6) ” and inserting a comma and “ (6), and (7) ”.

2. Amend page 57, following line 2, by inserting:

“ (7) Subsections (2) to (6) do not apply to emergency medical services rendered by an ambulance operation. As used in this subdivision:

( i ) “Ambulance operation” means that term as defined in section 20902 of the public health code, 1978 PA 368, MCL 333.20902.

( ii ) “Emergency medical services” means that term as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904. ” and renumbering the remaining subsections.

3. Amend page 57, line 3, after the first “ to ” by striking out “ (6) ” and inserting “ (7) ”.

4. Amend page 57, line 7, by striking out “ (6) ” and inserting “ (7) ”.

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


evidence_text:
Rep. Webber moved to amend the bill as follows:

1. Amend page 5, following line 29, by inserting:

“Sec. 2106. (1) Except as specifically provided in this chapter, the provisions of chapter 24 and chapter 26 shall do not apply to automobile insurance and home insurance.

(2) Subject to section 2108(6), an insurer shall file and use rates for automobile insurance in accordance with chapter 24.

(3) An insurer may use rates for automobile insurance or home insurance as soon as those rates are filed.

(4) To the extent that other provisions of this code act are inconsistent with the provisions of this chapter, this chapter shall govern governs with respect to automobile insurance and home insurance.”.

2. Amend page 6, line 5, by striking out “automobile insurance or”.

3. Amend page 6, line 6, after “director.” by inserting “ For automobile insurance, an insurer shall file a manual or plan described in this subsection in accordance with subsection (6). ”.

4. Amend page 7, following line 21, by inserting:

“ (6) For automobile insurance, an insurer shall file a manual or plan described in this subsection in accordance with chapter 24, except that the manual or plan must remain on file for a waiting period of 90 days before it becomes effective, which period may not be extended by the director, and the waiting period applies regardless of whether supporting information is required by the director under section 2406(1). ” and renumbering the remaining subsections.

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


evidence_text:
Rep. Whitsett moved to amend the bill as follows:

1. Amend page 51, following line 28, by inserting:

“Sec. 3145. (1) An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than 1 year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or unless the insurer has previously made a payment of personal protection insurance benefits for the injury. If Subject to subsection (2), if the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss, or survivor’s loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. The notice of injury required by this subsection may be given to the insurer or any of its authorized agents by a person claiming to be entitled to benefits therefor because of the injury , or by someone in his the person’s behalf . The notice shall must give the name and address of the claimant and indicate in ordinary language the name of the person injured and the time, place, and nature of his the person’s injury.

(2) The limitation under subsection (1) on recovery of benefits incurred more than 1 year before an action is commenced is tolled from the date the person claiming the benefits makes a specific claim for the benefits until the date the insurer formally denies the claim. This subsection does not apply if the person claiming the benefits fails to pursue the claim with reasonable diligence.

(3) (2) An action for recovery of property protection insurance benefits shall may not be commenced later than 1 year after the accident.”.

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


evidence_text:
Rep. Whitsett moved to amend the bill as follows:

1. Amend page 5, line 27, after “persons.” by striking out the balance of the subsection and inserting:

“ (3) An insurer, including, but not limited to, an insurer that writes insurance as described in subsection (2) and an insurer that is exempted from any of the requirements of this chapter for any reason, shall not establish or maintain rates or rating classifications for automobile insurance based on a factor that is not allowed, or that is prohibited, under section 2111. ”.

2 Amend page 8, following line 1, by inserting:

“Sec. 2111. (1) Notwithstanding any provision of this act or this chapter to the contrary, classifications and territorial base rates used by an insurer in this state with respect to automobile insurance or home insurance shall must conform to the applicable requirements of this section.

(2) Classifications established under this section for automobile insurance shall must be based only on 1 or more of the following factors, which shall must be applied by an insurer on a uniform basis throughout this state:

(a) With respect to all automobile insurance coverages:

( i ) Either the age of the driver; the length of driving experience; or the number of years licensed to operate a motor vehicle.

( ii ) Driver primacy, based on the proportionate use of each vehicle insured under the policy by individual drivers insured or to be insured under the policy.

( iii ) Average miles driven weekly, annually, or both.

( iv ) Type of use, such as business, farm, or pleasure use.

( v ) Vehicle characteristics, features, and options, such as engine displacement, ability of the vehicle and its equipment to protect passengers from injury, and other similar items, including vehicle make and model.

( vi ) Daily or weekly commuting mileage.

( vii ) Number of cars insured by the insurer or number of licensed operators in the household. However, number of licensed operators shall must not be used as an indirect measure of marital status.

( viii ) Amount of insurance.

(b) In addition to the factors prescribed in subdivision (a), with respect to personal protection insurance coverage:

( i ) Earned income.

( i ) ( ii ) Number of dependents of income earners insured under the policy.

( ii ) ( iii ) Coordination of benefits.

( iii ) ( iv ) Use of a safety belt.

(c) In addition to the factors prescribed in subdivision (a), with respect to collision and comprehensive coverages:

( i ) The anticipated cost of vehicle repairs or replacement, which may be measured by age, price, cost new, or value of the insured automobile, and other factors directly relating to that anticipated cost.

( ii ) Vehicle make and model.

( iii ) Vehicle design characteristics related to vehicle damageability.

( iv ) Vehicle characteristics relating to automobile theft prevention devices.

(d) With respect to all automobile insurance coverage other than comprehensive, successful completion by the individual driver or drivers insured under the policy of an accident prevention education course that meets the following criteria:

( i ) The course shall must include a minimum of 8 hours of classroom instruction.

( ii ) The course shall must include, but not be limited to, a review of all of the following:

(A) The effects of aging on driving behavior.

(B) The shapes, colors, and types of road signs.

(C) The effects of alcohol and medication on driving.

(D) The laws relating to the proper use of a motor vehicle.

(E) Accident prevention measures.

(F) The benefits of safety belts and child restraints.

(G) Major driving hazards.

(H) Interaction with other highway users, such as motorcyclists, bicyclists, and pedestrians.

(3) Each insurer shall establish a secondary or merit rating plan for automobile insurance, other than comprehensive coverage. A secondary or merit rating plan required under this subsection shall must provide for premium surcharges for any or all coverages for automobile insurance, other than comprehensive coverage, based upon on any or all of the following, when that information becomes available to the insurer:

(a) Substantially at-fault accidents.

(b) Convictions for, determinations of responsibility for civil infractions for, or findings of responsibility in probate court for civil infractions for violations under chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750. However, an insured shall must not be merit rated classified for rating purposes based on a civil infraction under chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750, for a period of time longer than that which the secretary of state’s office carries points for that infraction on the insured’s motor vehicle record.

(3) (4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based on sex or marital status or a non-driving factor .

(4) (5) Notwithstanding other provisions of this chapter, automobile insurance risks may must not be grouped by territory.

(5) (6) This section does not limit insurers or rating organizations from establishing and maintaining statistical reporting territories. This section does not prohibit an insurer from establishing or maintaining, for automobile insurance, a premium discount plan for senior citizens in this state who are 65 years of age or older, if the plan is uniformly applied by the insurer throughout this state. If an insurer has not established and maintained a premium discount plan for senior citizens, the insurer shall offer reduced premium rates to senior citizens in this state who are 65 years of age or older and who drive less than 3,000 miles per year, regardless of statistical data.

(6) (7) Classifications established under this section for home insurance other than inland marine insurance provided by policy floaters or endorsements shall must be based only on 1 or more of the following factors:

(a) Amount and types of coverage.

(b) Security and safety devices, including locks, smoke detectors, and similar, related devices.

(c) Repairable structural defects reasonably related to risk.

(d) Fire protection class.

(e) Construction of structure, based on structure size, building material components, and number of units.

(f) Loss experience of the insured, based on prior claims attributable to factors under the control of the insured that have been paid by an insurer. An insured’s failure, after written notice from the insurer, to correct a physical condition that presents a risk of repeated loss shall be considered is a factor under the control of the insured for purposes of this subdivision.

(g) Use of smoking materials within the structure.

(h) Distance of the structure from a fire hydrant.

(i) Availability of law enforcement or crime prevention services.

(7) (8) Notwithstanding other provisions of this chapter, home insurance risks may be grouped by territory.

(8) (9) An insurer may use factors in addition to those permitted by this section for insurance if the plan is consistent with the purposes of this act and reflects reasonably anticipated reductions or increases in losses or expenses.

(9) As used in this section, “non-driving factors” means any factor for which there is no rational correlation between the factor and insurance losses. The director shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to establish the factors that are non-driving factors. After the effective date of the amendatory act that added this subsection, an insurer shall not use a factor to establish a rate for automobile insurance if the factor is in the rules promulgated under this subsection. ”.

3. Amend page 12, following line 6, by inserting:

“Sec. 2151. As used in this chapter:

(a) “Adverse action” means an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any personal insurance, existing or applied for.

(b) “Consumer reporting agency” means any person which, that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

(c) “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall is not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score.

(d) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in the rating of personal insurance.

(e) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.

(f) “Personal insurance” means property/casualty insurance written for personal, family, or household use, including automobile, home, motorcycle, mobile home, noncommercial dwelling fire, boat, personal watercraft, snowmobile, and recreational vehicle, whether written on an individual, group, franchise, blanket policy, or similar basis. Personal insurance does not include automobile insurance. ”.

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


evidence_text:
Rep. Love moved to amend the bill as follows:

1. Amend page 5, line 27, after “persons.” by striking out the balance of the subsection and inserting “ However, both of the following apply to automobile insurance written on a group, franchise, blanket policy, or similar basis:

(a) Section 2111(4), with respect to sex.

(b) Section 2111f. ”.

2. Amend page 8, following line 1, by inserting:

“ Sec. 2111f. (1) Before 6 months after the effective date of the amendatory act that added this section, an insurer that offers automobile insurance in this state shall file premium rates for personal protection insurance coverage for automobile insurance policies effective after 6 months after the effective date of the amendatory act that added this section and before 1 year and 6 months after the effective date of the amendatory act that added this section.

(2) The premium rates filed under subsection (1), and any subsequent premium rates filed by the insurer for personal protection insurance coverage under automobile insurance policies effective before 5 years and 6 months after the effective date of the amendatory act that added this section, must result, as nearly as practicable, in an average reduction per vehicle from the premium rates for personal protection insurance coverage that were in effect for the insurer on May 1, 2019 as follows:

(a) For policies subject to the coverage limits under section 3107c(1)(a), an average 80% or greater reduction per vehicle.

(b) For policies subject to the coverage limits under section 3107c(1)(b), an average 60% or greater reduction per vehicle.

(c) For policies subject to the coverage limits under section 3107c(1)(c), an average 30% or greater reduction per vehicle.

(d) For policies not subject to any coverage limit under section 3107c(1)(d), an average 10% or greater reduction per vehicle.

(3) For a policy under which an election under section 3107d has been made to not maintain coverage for personal protection insurance benefits payable under section 3107(1)(a), the premium rates filed under subsection (1), and any subsequent premium rates filed by the insurer for personal protection insurance coverage under automobile insurance policies effective before 5 years and 6 months after the effective date of the amendatory act that added this section, must result in no premium charge for coverage for personal protection insurance benefits payable under section 3107(1)(a).

(4) The director shall review premium rates filed by an insurer under subsections (1) to (3) for compliance with subsections (1) to (3). The director shall disapprove a filing that does not comply with subsections (1) to (3).

(5) If the director disapproves a premium rate filing under subsection (4), the insurer shall submit a revised premium rate filing to the director within 15 days of the disapproval. The premium rate filing is subject to review in the same manner as an original premium rate filing under subsection (4).

(6) After 6 months after the effective date of the amendatory act that added this section and before 5 years and 6 months after the effective date of the amendatory act that added this section, an insurer shall not issue or renew an automobile insurance policy in this state unless the premium rates filed by the insurer for personal protection insurance coverage are approved under this section.

(7) For purposes of calculating a personal protection insurance premium or premium rate under this section, the premium includes the catastrophic claims assessment imposed under section 3104. ”.

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


evidence_text:
Rep. Cole moved that consideration of the bill be postponed for the day.

The motion prevailed.


evidence_text:
Rep. Cole moved that when the House adjourns today it stand adjourned until Thursday, May 9, at 12:01 a.m.

The motion prevailed.


evidence_text:
Rep. Wentworth moved that the House adjourn.

The motion prevailed, the time being 11:55 p.m.


evidence_text:
Senator MacGregor moved that Senators VanderWall and Victory be excused from today’s session.

The motion prevailed.


evidence_text:
Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Nesbitt, designated Senator Hollier as Chairperson.


evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 10:15 a.m.


evidence_text: Rep. Phil Green, from the 84th District, offered the following invocation:


activity_role: reconsider

evidence_text:
Rep. Cole moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Whitsett.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Rep. Whitsett moved to amend the bill as follows:

1. Amend page 5, line 27, after “persons.” by striking out the balance of the subsection and inserting:

“(3) An insurer, including, but not limited to, an insurer that writes insurance as described in subsection (2) and an insurer that is exempted from any of the requirements of this chapter for any reason, shall not establish or maintain rates or rating classifications for automobile insurance based on a factor that is not allowed, or that is prohibited, under section 2111.”.

2. Amend page 8, following line 1, by inserting:

“Sec. 2111. (1) Notwithstanding any provision of this act or this chapter to the contrary, classifications and territorial base rates used by an insurer in this state with respect to automobile insurance or home insurance shall must conform to the applicable requirements of this section.

(2) Classifications established under this section for automobile insurance shall must be based only on 1 or more of the following factors, which shall must be applied by an insurer on a uniform basis throughout this state:

(a) With respect to all automobile insurance coverages:

( i ) Either the age of the driver; the length of driving experience; or the number of years licensed to operate a motor vehicle.

( ii ) Driver primacy, based on the proportionate use of each vehicle insured under the policy by individual drivers insured or to be insured under the policy.

( iii ) Average miles driven weekly, annually, or both.

( iv ) Type of use, such as business, farm, or pleasure use.

( v ) Vehicle characteristics, features, and options, such as engine displacement, ability of the vehicle and its equipment to protect passengers from injury, and other similar items, including vehicle make and model.

( vi ) Daily or weekly commuting mileage.

( vii ) Number of cars insured by the insurer or number of licensed operators in the household. However, number of licensed operators shall must not be used as an indirect measure of marital status.

( viii ) Amount of insurance.

(b) In addition to the factors prescribed in subdivision (a), with respect to personal protection insurance coverage:

( i ) Earned income.

( i ) ( ii ) Number of dependents of income earners insured under the policy.

( ii ) ( iii ) Coordination of benefits.

( iii ) ( iv ) Use of a safety belt.

(c) In addition to the factors prescribed in subdivision (a), with respect to collision and comprehensive coverages:

( i ) The anticipated cost of vehicle repairs or replacement, which may be measured by age, price, cost new, or value of the insured automobile, and other factors directly relating to that anticipated cost.

( ii ) Vehicle make and model.

( iii ) Vehicle design characteristics related to vehicle damageability.

( iv ) Vehicle characteristics relating to automobile theft prevention devices.

(d) With respect to all automobile insurance coverage other than comprehensive, successful completion by the individual driver or drivers insured under the policy of an accident prevention education course that meets the following criteria:

( i ) The course shall must include a minimum of 8 hours of classroom instruction.

( ii ) The course shall must include, but not be limited to, a review of all of the following:

(A) The effects of aging on driving behavior.

(B) The shapes, colors, and types of road signs.

(C) The effects of alcohol and medication on driving.

(D) The laws relating to the proper use of a motor vehicle.

(E) Accident prevention measures.

(F) The benefits of safety belts and child restraints.

(G) Major driving hazards.

(H) Interaction with other highway users, such as motorcyclists, bicyclists, and pedestrians.

(3) Each insurer shall establish a secondary or merit rating plan for automobile insurance, other than comprehensive coverage. A secondary or merit rating plan required under this subsection shall must provide for premium surcharges for any or all coverages for automobile insurance, other than comprehensive coverage, based upon on any or all of the following, when that information becomes available to the insurer:

(a) Substantially at-fault accidents.

(b) Convictions for, determinations of responsibility for civil infractions for, or findings of responsibility in probate court for civil infractions for violations under chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750. However, an insured shall must not be merit rated classified for rating purposes based on a civil infraction under chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750, for a period of time longer than that which the secretary of state’s office carries points for that infraction on the insured’s motor vehicle record.

(3) (4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based on sex or marital status or a non-driving factor .

(4) (5) Notwithstanding other provisions of this chapter, automobile insurance risks may must not be grouped by territory.

(5) (6) This section does not limit insurers or rating organizations from establishing and maintaining statistical reporting territories. This section does not prohibit an insurer from establishing or maintaining, for automobile insurance, a premium discount plan for senior citizens in this state who are 65 years of age or older, if the plan is uniformly applied by the insurer throughout this state. If an insurer has not established and maintained a premium discount plan for senior citizens, the insurer shall offer reduced premium rates to senior citizens in this state who are 65 years of age or older and who drive less than 3,000 miles per year, regardless of statistical data.

(6) (7) Classifications established under this section for home insurance other than inland marine insurance provided by policy floaters or endorsements shall must be based only on 1 or more of the following factors:

(a) Amount and types of coverage.

(b) Security and safety devices, including locks, smoke detectors, and similar, related devices.

(c) Repairable structural defects reasonably related to risk.

(d) Fire protection class.

(e) Construction of structure, based on structure size, building material components, and number of units.

(f) Loss experience of the insured, based on prior claims attributable to factors under the control of the insured that have been paid by an insurer. An insured’s failure, after written notice from the insurer, to correct a physical condition that presents a risk of repeated loss shall be considered is a factor under the control of the insured for purposes of this subdivision.

(g) Use of smoking materials within the structure.

(h) Distance of the structure from a fire hydrant.

(i) Availability of law enforcement or crime prevention services.

(7) (8) Notwithstanding other provisions of this chapter, home insurance risks may be grouped by territory.

(8) (9) An insurer may use factors in addition to those permitted by this section for insurance if the plan is consistent with the purposes of this act and reflects reasonably anticipated reductions or increases in losses or expenses.

(9) As used in this section, “non-driving factors” means any factor for which there is no rational correlation between the factor and insurance losses. The director shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to establish the factors that are non-driving factors. After the effective date of the amendatory act that added this subsection, an insurer shall not use a factor to establish a rate for automobile insurance if the factor is in the rules promulgated under this subsection. ”.

3. Amend page 12, following line 6, by inserting:

“Sec. 2151. As used in this chapter:

(a) “Adverse action” means an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any personal insurance, existing or applied for.

(b) “Consumer reporting agency” means any person which, that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

(c) “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall is not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score.

(d) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in the rating of personal insurance.

(e) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.

(f) “Personal insurance” means property/casualty insurance written for personal, family, or household use, including automobile, home, motorcycle, mobile home, noncommercial dwelling fire, boat, personal watercraft, snowmobile, and recreational vehicle, whether written on an individual, group, franchise, blanket policy, or similar basis. Personal insurance does not include automobile insurance. ”.

The question being on the adoption of the amendments offered previously by Rep. Whitsett,

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Rep. Bolden moved to substitute (H-2) the bill.

The motion did not prevail and the substitute (H-2) was not adopted, a majority of the members serving not voting therefor.


evidence_text:
Rep. Whitsett moved to amend the bill as follows:

1. Amend page 5, line 27, after “persons.” by striking out the balance of the subsection and inserting:

“(3) An insurer, including, but not limited to, an insurer that writes insurance as described in subsection (2) and an insurer that is exempted from any of the requirements of this chapter for any reason, shall not establish or maintain rates or rating classifications for automobile insurance based on a factor that is not allowed, or that is prohibited, under section 2111.”.

2. Amend page 8, following line 1, by inserting:

“Sec. 2111. (1) Notwithstanding any provision of this act or this chapter to the contrary, classifications and territorial base rates used by an insurer in this state with respect to automobile insurance or home insurance shall must conform to the applicable requirements of this section.

(2) Classifications established under this section for automobile insurance shall must be based only on 1 or more of the following factors, which shall must be applied by an insurer on a uniform basis throughout this state:

(a) With respect to all automobile insurance coverages:

( i ) Either the age of the driver; the length of driving experience; or the number of years licensed to operate a motor vehicle.

( ii ) Driver primacy, based on the proportionate use of each vehicle insured under the policy by individual drivers insured or to be insured under the policy.

( iii ) Average miles driven weekly, annually, or both.

( iv ) Type of use, such as business, farm, or pleasure use.

( v ) Vehicle characteristics, features, and options, such as engine displacement, ability of the vehicle and its equipment to protect passengers from injury, and other similar items, including vehicle make and model.

( vi ) Daily or weekly commuting mileage.

( vii ) Number of cars insured by the insurer or number of licensed operators in the household. However, number of licensed operators shall must not be used as an indirect measure of marital status.

( viii ) Amount of insurance.

(b) In addition to the factors prescribed in subdivision (a), with respect to personal protection insurance coverage:

( i ) Earned income.

( ii ) Number of dependents of income earners insured under the policy.

( iii ) Coordination of benefits.

( iv ) Use of a safety belt.

(c) In addition to the factors prescribed in subdivision (a), with respect to collision and comprehensive coverages:

( i ) The anticipated cost of vehicle repairs or replacement, which may be measured by age, price, cost new, or value of the insured automobile, and other factors directly relating to that anticipated cost.

( ii ) Vehicle make and model.

( iii ) Vehicle design characteristics related to vehicle damageability.

( iv ) Vehicle characteristics relating to automobile theft prevention devices.

(d) With respect to all automobile insurance coverage other than comprehensive, successful completion by the individual driver or drivers insured under the policy of an accident prevention education course that meets the following criteria:

( i ) The course shall must include a minimum of 8 hours of classroom instruction.

( ii ) The course shall must include, but not be limited to, a review of all of the following:

(A) The effects of aging on driving behavior.

(B) The shapes, colors, and types of road signs.

(C) The effects of alcohol and medication on driving.

(D) The laws relating to the proper use of a motor vehicle.

(E) Accident prevention measures.

(F) The benefits of safety belts and child restraints.

(G) Major driving hazards.

(H) Interaction with other highway users, such as motorcyclists, bicyclists, and pedestrians.

(3) Each insurer shall establish a secondary or merit rating plan for automobile insurance, other than comprehensive coverage. A secondary or merit rating plan required under this subsection shall must provide for premium surcharges for any or all coverages for automobile insurance, other than comprehensive coverage, based upon on any or all of the following, when that information becomes available to the insurer:

(a) Substantially at-fault accidents.

(b) Convictions for, determinations of responsibility for civil infractions for, or findings of responsibility in probate court for civil infractions for violations under chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750. However, an insured shall must not be merit rated classified for rating purposes based on a civil infraction under chapter VI of the Michigan vehicle code, 1949 PA 300, MCL 257.601 to 257.750, for a period of time longer than that which the secretary of state’s office carries points for that infraction on the insured’s motor vehicle record.

(3) (4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based on sex or marital status or a non-driving factor .

(4) (5) Notwithstanding other provisions of this chapter, automobile insurance risks may be grouped by territory.

(5) (6) This section does not limit insurers or rating organizations from establishing and maintaining statistical reporting territories. This section does not prohibit an insurer from establishing or maintaining, for automobile insurance, a premium discount plan for senior citizens in this state who are 65 years of age or older, if the plan is uniformly applied by the insurer throughout this state. If an insurer has not established and maintained a premium discount plan for senior citizens, the insurer shall offer reduced premium rates to senior citizens in this state who are 65 years of age or older and who drive less than 3,000 miles per year, regardless of statistical data.

(6) (7) Classifications established under this section for home insurance other than inland marine insurance provided by policy floaters or endorsements shall must be based only on 1 or more of the following factors:

(a) Amount and types of coverage.

(b) Security and safety devices, including locks, smoke detectors, and similar, related devices.

(c) Repairable structural defects reasonably related to risk.

(d) Fire protection class.

(e) Construction of structure, based on structure size, building material components, and number of units.

(f) Loss experience of the insured, based on prior claims attributable to factors under the control of the insured that have been paid by an insurer. An insured’s failure, after written notice from the insurer, to correct a physical condition that presents a risk of repeated loss shall be considered is a factor under the control of the insured for purposes of this subdivision.

(g) Use of smoking materials within the structure.

(h) Distance of the structure from a fire hydrant.

(i) Availability of law enforcement or crime prevention services.

(7) (8) Notwithstanding other provisions of this chapter, home insurance risks may be grouped by territory.

(8) (9) An insurer may use factors in addition to those permitted by this section for insurance if the plan is consistent with the purposes of this act and reflects reasonably anticipated reductions or increases in losses or expenses.

(9) As used in this section, “non-driving factors” means any factor for which there is no rational correlation between the factor and insurance losses. The director shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to establish the factors that are non-driving factors. After the effective date of the amendatory act that added this subsection, an insurer shall not use a factor to establish a rate for automobile insurance if the factor is in the rules promulgated under this subsection. ”.

3. Amend page 12, following line 6, by inserting:

“Sec. 2151. As used in this chapter:

(a) “Adverse action” means an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any personal insurance, existing or applied for.

(b) “Consumer reporting agency” means any person which, that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.

(c) “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall is not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score.

(d) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in the rating of personal insurance.

(e) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.

(f) “Personal insurance” means property/casualty insurance written for personal, family, or household use, including automobile, home, motorcycle, mobile home, noncommercial dwelling fire, boat, personal watercraft, snowmobile, and recreational vehicle, whether written on an individual, group, franchise, blanket policy, or similar basis. Personal insurance does not include automobile insurance. ”.

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


evidence_text:
Rep. Rabhi moved that the bill be referred to the Committee on Select Committee on Reducing Car Insurance Rates.

The motion did not prevail.


evidence_text:
Rep. Sheppard moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.


evidence_text:
Rep. Cole moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Rep. Rabhi moved that the bill be read in its entirety by the Clerk.

The motion did not prevail.


evidence_text: Rep. Wittenberg, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Reps. Chirkun, Kennedy, Clemente, Pohutsky, Manoogian, Koleszar, Stone, Shannon, Kuppa, Hammoud and Camilleri, having reserved the right to explain their protest against the passage of the bill, made the following statement:


evidence_text: Rep. Haadsma, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Garza, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Witwer, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text: Rep. Tate, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Cherry, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Guerra, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text: Rep. Hood, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text: Rep. Yancey, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text:
Rep. Lightner moved that the House adjourn.

The motion prevailed, the time being 2:20 a.m.


evidence_text:
Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s session.

The motion prevailed.


evidence_text:
Senator Chang moved that Senators Hollier and Santana be temporarily excused from today’s session.

The motion prevailed.


evidence_text:
Senator MacGregor moved that the Senate proceed to consideration of the following bill:

Senate Bill No. 239

The motion prevailed.


evidence_text:
Senator MacGregor moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 25

Senate Resolution No. 30

Senate Resolution No. 38

The motion prevailed.


evidence_text:
Senator MacGregor moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 46

Senate Resolution No. 47

Senate Resolution No. 48

The motion prevailed, a majority of the members serving voting therefor.


evidence_text: Senator Barrett offered the following resolution:


evidence_text: Senator Zorn offered the following resolution:


evidence_text: Senator Wojno offered the following resolution:


evidence_text: Senator Wojno asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.


evidence_text:
Senator MacGregor moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion prevailed, a majority of the members voting therefor, as follows:


evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 10:32 a.m.


evidence_text:
Rep. Guerra moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 23.

A resolution to declare this legislative body’s policy to reduce infant mortality rates and ensure access to maternal and infant health care.

Whereas, High infant mortality rates are a serious concern in the state of Michigan. In 2016, Michigan’s infant mortality rate was 6.4 deaths per 1,000 live births, higher than the national figure of 5.9 infant deaths per 1,000 live births; and

Whereas, In 2017, the numbers ticked up, countering a decade of improvement, to 6.8 deaths per 1,000 live births, indicating the immediate need for additional efforts to improve maternal and infant health; and

Whereas, Disproportionate impacts on the survival of infants from racial and ethnic minority groups are particularly concerning. Among African Americans, the infant mortality rate was 13.4 per 1,000 live births compared to 4.9 for white infants. From 2013-2015, the average infant mortality rate for American Indian infants was 9.4 per 1,000 live births. Access to high quality health care plays a crucial role in reducing infant mortality and health disparities; and

Whereas, The African-American mortality rate is more than three times the rate of white mothers, which is one of the most striking of all racial disparities impacting women’s health today; now, therefore, be it

Resolved by the House of Representatives, That we declare this legislative body’s policy to reduce infant mortality rates; ensure access to comprehensive prenatal and postnatal care for women; and increase health assessments, follow-up diagnostic and treatment services, and access to preventive and child care services, as well as rehabilitative services for children and child care.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.


evidence_text:
Rep. Hornberger moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.


evidence_text:
Rep. Afendoulis moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.


evidence_text:
Rep. Rabhi moved that Rep. Garrett be excused temporarily from today’s session.

The motion prevailed.


evidence_text:
Rep. Cole moved that House Bill No. 4320 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Rep. Cole moved that the bill be given immediate effect.

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


evidence_text: Rep. Elder, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Warren, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text: Rep. Ellison, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Chirkun, having reserved the right to explain his protest against the passage of the bill, made the following statement:


evidence_text: Rep. Witwer, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text:
Rep. Cole moved that House Bill No. 4321 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text: Reps. Hope, Sowerby, Love, Gay-Dagnogo, Allor, Cherry, Chirkun, Crawford, Garza, Haadsma, Jones, Kuppa, Lasinski, Sneller, Warren and Witwer offered the following resolution:


evidence_text:
Rep. Hood moved to amend the bill as follows:

1. Amend page 2, line 18, after “under” by striking out “18” and inserting “ 21 ”.

2. Amend page 3, line 24, after “under” by striking out “18” and inserting “ 21 ”.

3. Amend page 4, line 17, after “ least ” by striking out “ 18 ” and inserting “ 21 ”.

4. Amend page 4, line 20, after “ least ” by striking out “ 18 ” and inserting “ 21 ”.

5. Amend page 4, line 28, after “ is ” by striking out “ 18 ” and inserting “ 21 ”.

6. Amend page 8, line 26, after “ than ” by striking out “18” and inserting “ 21 ”.

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


evidence_text:
Rep. Hood moved to substitute (H-1) the bill.

The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor.


evidence_text:
Rep. Cole moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.


evidence_text:
Rep. Cole moved that the disapproved line item be re-referred to the Committee on Appropriations.

The motion prevailed.


evidence_text:
Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.


evidence_text: Rep. Garrett, having reserved the right to explain her protest against the passage of House Bill No. 4397 , made the following statement:


evidence_text:
Rep. Liberati moved that the House adjourn.

The motion prevailed, the time being 5:25 p.m.


evidence_text: Senator Kevin Daley of the 31st District offered the following invocation:


activity_role: recess

evidence_text:
Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:05 a.m.


evidence_text:
Senator MacGregor moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 229

Senate Bill No. 230

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Gilchrist, designated Senator Irwin as Chairperson.


evidence_text:
Senator MacGregor moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 229

Senate Bill No. 230

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Senator MacGregor moved that the Senate proceed to consideration of the following bills:

Senate Bill No. 229

Senate Bill No. 230

The motion prevailed.


evidence_text: Senators Barrett and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.


evidence_text: Senators Brinks, Polehanki, McMorrow, Moss, Geiss, Bayer, Hertel, Alexander, Hollier, Ananich and Irwin, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 229 and 230.


evidence_text:
Senators Brinks, McMorrow, Geiss and Irwin moved that the statements they made during the discussion of Senate Bill No. 229 be printed as their reasons for voting “no.”

The motion prevailed.


evidence_text:
Senator MacGregor moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 25

Senate Resolution No. 30

Senate Resolution No. 38

The motion prevailed.


evidence_text: Senator VanderWall offered the following concurrent resolution:


evidence_text:
Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Senator MacGregor moved that the concurrent resolution be referred to the Committee on Health Policy and Human Services.

The motion prevailed


evidence_text: Senator McBroom offered the following resolution:


evidence_text:
Senator MacGregor moved that the resolution be referred to the Committee on Natural Resources.

The motion prevailed


evidence_text:
Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 12:32 p.m.


evidence_text:
Senator MacGregor moved that the Senate recess until 1:15 p.m.

The motion prevailed, the time being 12:48 p.m.


evidence_text:
Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 1:16 p.m.


evidence_text:
Senator MacGregor moved that the rules be suspended and that the following bills, now on Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 141

Senate Bill No. 143

Senate Bill No. 139

Senate Bill No. 148

Senate Bill No. 133

Senate Bill No. 137

Senate Bill No. 145

Senate Bill No. 144

Senate Bill No. 142

Senate Bill No. 147

Senate Bill No. 135

Senate Bill No. 138

Senate Bill No. 149

Senate Bill No. 134

Senate Bill No. 140

Senate Bill No. 136

Senate Bill No. 146

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Senator MacGregor moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 141

Senate Bill No. 143

Senate Bill No. 139

The motion prevailed.


evidence_text: Senator Stamas asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.


evidence_text:
Senator Wojno offered the following amendments:

1. Amend page 12, following line 14, by inserting:

“Prepaid inpatient health plan financial contingency fund ..................... 20,000,000”.

2. Amend page 12, line 17, by striking out “3,401,241,700” and inserting “3,421,241,700”.

3. Amend page 12, line 24, by striking out “1,108,889,900” and inserting “1,128,889,900” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 147, following line 11, by inserting:

“Sec. 1010. From the funds appropriated in part 1 for prepaid inpatient health plan financial contingency fund the department shall allow individual prepaid inpatient health plans to apply for up to $2,000,000.00 in general fund dollars if they can demonstrate financial hardship. The department shall establish a set of criteria necessary to be considered for financial hardship. When establishing criteria, the department shall take into consideration the individual PIHP’s risk-reserve balance, the level of services currently provided, the number of services that have been discontinued within the last 12 months, the number of patient denials for behavioral health services, and whatever other criteria the department deems necessary for financial hardship eligibility. The department shall provide a quarterly report to the senate and house subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office detailing the status of these funds.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:


evidence_text:
Senator Geiss offered the following amendments:

1. Amend page 18, line 11, by striking out “20,803,500” and inserting “20,053,500”.

2. Amend page 18, line 17, by striking out “331,425,200” and inserting “330,675,200”.

3. Amend page 18, line 20, by striking out

“Social security act, temporary assistance for needy families .................. 750,000”

and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 166, line 10, by striking out section 1303.

5. Amend page 166, line 19, by striking out section 1304.

6. Amend page 166, line 24, by striking out section 1305.

7. Amend page 167, line 21, by striking out section 1307.

8. Amend page 168, line 27, by striking out section 1310.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Alexander offered the following amendments:

1. Amend page 8, line 24, by striking out “174,951,600” and inserting “177,951,600”.

2. Amend page 9, line 4, by striking out “2,152,466,000” and inserting “2,155,466,000”.

3. Amend page 9, line 16, by striking out “91,746,900” and inserting “94,746,900” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 118, following line 15, by inserting:

“Sec. 689. From the funds appropriated in part 1 for low-income home energy assistance program, the department shall allocate $3,000,000.00 to a nonprofit, community-based organization organized under the laws of this state that are exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501 in order provide assistance to prevent low-income customers from being shut-off from a municipal water system. The organization selected to receive the funds shall have been founded in 1985 and be located in a county that had a population greater than 1,700,000 according to the most recent decennial census.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Bayer offered the following amendments:

1. Amend page 62, line 5, by striking out “January 31, 2021” and inserting “October 1, 2022”.

3. Amend page 62, line 12, by striking out “would trigger a full statewide, all managed care populations’ integration process beginning October 1, 2022” and inserting “the department may extend the length of the pilot beyond the 3 year period and at that time allow for new CMHSPs to enter into the project at the beginning of the next fiscal year”.

4. Amend page 62, line 27, by striking out “during” and inserting “after”.

5. Amend page 63, line 1, by striking out “, including utilization measures”.

6. Amend page 63, line 5, by striking out “between CMHSPs and” and inserting “with”.

7. Amend page 142, line 14, by striking out Section 964.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Irwin offered the following amendments:

1. Amend page 12, line 11, by striking out “346,548,100” and inserting “396,548,100”.

2. Amend page 12, line 12, by striking out “2,478,086,100” and inserting “2,828,086,100”.

3. Amend page 12, line 17, by striking out “3,401,241,700” and inserting “3,801,241,700”.

4. Amend page 12, line 20, by striking out “2,232,858,000” and inserting “2,502,443,000”.

5. Amend page 12, line 24, by striking out “1,108,889,900” and inserting “1,239,304,900”.

6. Amend page 21, line 11, by striking out “393,359,100” and inserting “543,359,100”.

7. Amend page 22, line 8, by striking out “15,419,816,000” and inserting “15,569,816,000”.

8. Amend page 22, line 11, by striking out “10,901,074,400” and inserting “10,997,164,400”.

9. Amend page 22, line 17, by striking out “1,816,271,300” and inserting “1,870,181,300” and adjusting the subtotals, totals, and section 201 accordingly

10. Amend page 146, line 23, by striking out “maintain” and inserting “increase”.

11. Amend page 146, line 24, by striking out “from the previous fiscal year” and inserting “to a minimum of $15.00 per hour”.

12. Amend page 201, following line 24, by inserting

“Sec. 1798. From the funds appropriated in part 1 the department shall increase the wage paid to individuals providing adult home help services to a minimum of $15.00 per hour.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Brinks offered the following amendments:

1. Amend page 21, line 26, by striking out “346,613,000” and inserting “446,613,000”.

2. Amend page 22, line 8, by striking out “15,419,816,000” and inserting “15,519,816,000”.

3. Amend page 22, line 11, by striking out “10,901,074,400” and inserting “10,965,134,400”.

4. Amend page 22, line 17, by striking out “1,816,271,300” and inserting “1,852,211,300” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 201, following line 24, by inserting:

“Sec. 1799. From the funds appropriated in part 1 for Medicaid home- and community-based services waiver the department shall require all contractors and subcontractors providing Medicaid home- and community-based services waiver services to pay a wage of at least $15.00 per hour to all of their employees”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator McMorrow offered the following amendments:

1. Amend page 17, line 9, by striking out “7,209,100” and inserting “7,209,200”.

2. Amend page 17, line 17, by striking out “179,737,000” and inserting “179,737,100”.

3. Amend page 17, line 26, by striking out “57,828,500” and inserting “57,828,600”. and adjusting the subtotals, totals, and section 201 accordingly

4. Amend page 164, following line 26, by inserting:

“Sec. 1227. From the funds appropriated in part 1 for local health services, $100.00 shall be allocated for grants to local public health departments to support vaccine education programs.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text: Senators Wojno, Geiss, Alexander, Bayer, Brinks and McMorrow asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.


evidence_text:
Senator MacGregor moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 148

Senate Bill No. 133

The motion prevailed.


evidence_text:
Senator Santana offered the following amendments:

1. Amend page 3, following line 12, by inserting:

“Small business support grants.............................. 100”.

2. Amend page 3, line 27, by striking out “112,815,700” and inserting “112,815,800” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 27, following line 26, by inserting:

“Sec. 448. From the funds appropriated in part 1 for small business support grants, there is allocated $100.00 for the small business support grant program. Funds allocated under this section are intended to provide small businesses with grants to offset the cost of disruptions to business activity caused by road construction projects.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text: Senator Santana asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.


evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 2:22 p.m.


evidence_text:
Rep. Cole moved that Rep. Inman be excused from today’s session.

The motion prevailed.


evidence_text: Reps. Miller, Allor, Chirkun, Clemente, Crawford, Haadsma, Hope, Liberati, Manoogian, Shannon, Sneller and Stone offered the following resolution:


evidence_text: Reps. Reilly, Allor, Chirkun, Crawford and Kahle offered the following resolution:


evidence_text:
Rep. Webber moved that the bill be given immediate effect.

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


evidence_text: Rep. Pohutsky, having reserved the right to explain her protest against the passage of the bill, made the following statement:


evidence_text:
Rep. LaFave moved to amend the bill as follows:

1. Amend page 1, line 1, by striking out all of section 2b .

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


evidence_text:
Rep. LaFave moved to amend the bill as follows:

1. Amend page 2, line 11, by striking out all of section 2c .

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


evidence_text:
Rep. Cole moved that the bill be given immediate effect.

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


evidence_text:
Rep. Cambensy moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.


evidence_text:
Rep. Cole moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.


evidence_text:
Rep. Leutheuser moved that the House adjourn.

The motion prevailed, the time being 3:25 p.m.


evidence_text:
Senator Chang moved that Senators Ananich, Hertel and Hollier be temporarily excused from today’s session.

The motion prevailed.


evidence_text:
Senator MacGregor moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 137

Senate Bill No. 145

Senate Bill No. 144

Senate Bill No. 142

Senate Bill No. 147

Senate Bill No. 135

Senate Bill No. 138

Senate Bill No. 149

Senate Bill No. 134

Senate Bill No. 136

Senate Bill No. 146

Senate Bill No. 140

The motion prevailed.


evidence_text:
Senator McMorrow offered the following amendments:

1. Amend page 16, line 3, by striking out “25,000,000” and inserting “37,500,000”.

2. Amend page 16, line 8, by striking out “121,350,100” and inserting “133,850,100”.

3. Amend page 16, line 12, by striking out “121,350,100” and inserting “133,850,100” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 30, following line 13, by inserting:

“Sec. 803. (1) From the $37,500,000.00 appropriated in part 1 for lead and copper rule implementation, funds shall be used for implementation of the lead and copper rule, including but not limited to, public and private lead service line replacement and support of local education efforts by the Water Supply Advisory Councils established in R 325.10410(7).

(2) From the $37,500,000.00 allocation, up to $1,000,000.00 will be allocated to local Water Supply Advisory Councils for public awareness and education efforts related to lead and other potential drinking water contaminants. Of the maximum $1,000,000.00 allocation, grants to Water Supply Advisory Councils shall not exceed $25,000.00 each. Of the remaining funds, grants will be issued for up to $2,000,000.00 for lead service line replacements in areas where the 90th percentile exceeds 10 parts per billion.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:


evidence_text:
Senator Moss offered the following amendments:

1. Amend page 16, following line 7, by inserting:

“Septic transition grants .................................................................... 2,000,000”.

2. Amend page 16, line 8, by striking out “121,350,100” and inserting “123,350,100”.

3. Amend page 16, line 12, by striking out “121,350,000” and inserting “123,350,000” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 30, following line 13, by inserting:

“Sec. 804. From the funds appropriated in part 1 for Septic transition grants, $2,000,000 shall be awarded for transitioning residents with failing septic systems to a city sanitary sewer system located in a county with a population of between 1,202,300 and 1,202,400 and in a city with a population of between 71,000 and 72,000 according to the most recent federal decennial census.”.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator MacGregor moved that Senator Shirkey be temporarily excused from today’s session.

The motion prevailed.


evidence_text:
Senator MacGregor moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 30

Senate Resolution No. 38

Senate Resolution No. 20

The motion prevailed.


evidence_text: Senators Wojno and McBroom asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.


evidence_text: Senators Hertel, Lucido, Irwin, Bullock, Wojno, Ananich, McMorrow, Bumstead, Hollier, Alexander, Santana, Bayer, Polehanki, Moss, Chang and Geiss offered the following concurrent resolution:


evidence_text:
Senator MacGregor moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.


evidence_text:
Senator MacGregor moved that the concurrent resolution be referred to the Committee on Insurance and Banking.

The motion prevailed


evidence_text:
Senator MacGregor moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:28 a.m.


evidence_text: Senators McMorrow and Brinks asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.


evidence_text:
Senator Hollier offered the following amendment:

1. Amend page 31, line 23, by striking out all of subsection (7) and renumbering the remaining subsection.

The amendment was not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Chang requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:


evidence_text:
Senator Geiss offered the following amendment:

1. Amend page 15, following line 14, by inserting:

“Sec. 206a. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both.”

The amendment was not adopted, a majority of the members serving not voting therefor.


evidence_text: Senators Hollier and Geiss asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.


evidence_text:
Senator Irwin offered the following amendments:

1. Amend page 3, line 14 after “positions” by striking out “531.0” and inserting “539.0”.

2. Amend page 3, following line 16, by inserting:

“Attorney general operations—494.0 FTE positions .............................. 94,046,500”.

3. Amend page 3, line 17, by striking out the balance of the line through line 24.

4. Amend page 4, line 4, by striking out “100,746,000” and inserting “104,919,600”.

5. Amend page 6, line 16, by striking out “35,964,500” and inserting “40,138,100” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.


evidence_text:
Senator Moss offered the following amendments:

1. Amend page 7, following line 15, by inserting:

“Civil rights operations—104.0 FTE positions ...................................... 14,208,000”.

2. Amend page 7, line 16, by striking out the balance of the line through line 19.

3. Amend page 7, line 22, by striking out “14,332,400” and inserting “15,651,900”.

4. Amend page 8, line 6, by striking out “11,154,800” and inserting “12,474,300” and adjusting the subtotals, totals, and section 201 accordingly.

The amendments were not adopted, a majority of the members serving not voting therefor.