evidence_text:
Senator Irwin offered the following amendments:

1. Amend page 14, line 7, by striking out “25,687,200” and inserting “25,876,700” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 14, line 8, by striking out “9,215,500” and inserting “9,966,500” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 15, line 1, by striking out “14,718,600” and inserting “15,542,700” and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 15, line 15, by striking out “90,699,200” and inserting “91,450,900” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 17, line 3, by striking out “5,276,700” and inserting “7,577,000” 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 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 30, line 25, by striking out “255,156,000” and inserting “262,810,700”.

2. Amend page 31, line 1, by striking out “178,635,300” and inserting “184,732,800”.

3. Amend page 31, line 2, by striking out “2,500,000” and inserting “5,000,000”.

4. Amend page 31, line 3, by striking out “1,366,155,700” and inserting “1,382,407,900” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 119, line 8, by striking out “100.0%” and inserting “103.0%”.

6. Amend page 123, line 9, by striking out “102.4627%” and inserting “105.277%”.

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


evidence_text:
Senator Santana offered the following amendments:

1. Amend page 20, line 19, by striking out “47,622,600” and inserting “48,837,400” and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 23, following line 21, by inserting:

“Michigan public safety communications system .................................. 5,878,900”

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 Hollier offered the following amendment:

1. Amend page 36, following line 17, by inserting “On or before May 1 of each year and in anticipation of the annual consensus revenue estimating conference, the department shall submit a report to the senate and house appropriation subcommittees on transportation, the senate and house full appropriations committees, the senate and house fiscal agencies, and the director of the state budget office. The report shall estimate how much of the current trunkline road system is in good or fair condition and estimate the amount of state trunkline funds required to improve or maintain the trunkline road system to 90% in good or fair condition.”.

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 Chang offered the following amendments:

1. Amend page 12, following line 23, by inserting:

“Van Horn road railroad grade separation project .................................. 12,000,000”.

2. Amend page 12, line 27, by striking out “132,000,000” and inserting “144,000,000” 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 Bayer offered the following amendments:

1. Amend page 12, following line 23, by inserting:

“North Oakland transit authority expanded service ................................ 170,000”.

2. Amend page 12, line 26, by striking out “17,000,000” and inserting “17,170,000”. and adjusting the subtotals, totals, and section 201 accordingly

3. Amend page 42, following line 9, by inserting:

“Sec. 1003. The one-time appropriation for the North Oakland transit authority in part one shall be a grant to the North Oakland transit authority for the purpose of purchasing a downtown trolley and the development of a fixed route between Oxford and Orion.”.

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


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


evidence_text:
Senator Brinks offered the following substitute:

Substitute (S-4).

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


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


evidence_text:
Senator Bayer offered the following amendments:

1. Amend page 5, line 24, by striking out “218,400,000” and inserting “232,000,000”.

2. Amend page 6, line 5, by striking out “237,692,200” and inserting “251,292,200” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 31, line 11, by striking out “130%” and inserting “140%”.

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


evidence_text:
Senator Chang offered the following amendments:

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

“Early childhood programming ........................................................... 1,500,000”.

2. Amend page 7, line 23, by striking out “1,363,700” and inserting “2,863,700” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 23, following line 13, by inserting:

“Sec. 603. From the funds appropriated in part 1 for early childhood programming, the department shall award funding to a public television provider that works in connection with school districts and intermediate school districts to develop and expand education programming to support education providers that covers at least a first class school district as defined in section 6 of the state school aid act of 1979, 1979 PA 94, MCL 388.1606.”.

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


evidence_text: Senators Bayer and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 136.


evidence_text:
Senator Bayer moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.


evidence_text: Senators Bayer and Chang 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 bill be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 140

The motion prevailed.


evidence_text:
Senator Hertel offered the following substitute:

Substitute (S-4).

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


evidence_text:
Senator MacGregor moved that rule 2.107 be suspended to allow committees to meet during Senate session.

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


activity_role: recess

evidence_text:
Senator MacGregor moved that the Senate recess until 1:45 p.m.

The motion prevailed, the time being 11:53 a.m.


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

The motion prevailed, the time being 1:46 p.m.


evidence_text:
Senator Bayer offered the following amendments:

1. Amend page 49, line 19, after “is” by striking out “ $8,544.00. ” and inserting “ $8,529.00. ”.

2. Amend page 49, line 20, after “is” by striking out “ $8,141.00. ” and inserting “ $8,051.00. ”.

3. Amend page 55, line 13, after “subsection.” by inserting “ Beginning in 2019-2020, for pupils in membership in a public school academy that was issued a contract under section 552 of the revised school code, mcl 380.552, to operate as a school of excellence that is a cyber school, the allocation calculated under this section is an amount equal to 80% of the amount as would otherwise be calculated under this subsection for the public school academy. ”.

4. Amend page 77, line 2, by striking out “ $4,530,000,000.00 ” and inserting “ $4,401,000,000.00 ”.

5. Amend page 85, following line 9, by inserting:

“Sec. 22n. (1) From the appropriation in section 11, there is allocated an amount not to exceed $11,000,000.00 for 2018-2019 2019-2020 for additional payments to districts for the higher instructional costs of educating high school pupils.

(2) A district is eligible for a payment under this section if it educates pupils in 1 or more of grades 9 to 12.

(3) The payment to each eligible district under this section shall be IS an amount equal to $25.00 multiplied by the district’s total pupil membership in grades 9 to 12 as calculated under section 6 for the current fiscal year. If the allocation under subsection (1) is insufficient to fully fund payments under this subsection, the department shall prorate payments under this section on an equal per-pupil basis.”.

6. Amend page 98, following line 23, by inserting:

“ Sec. 28. (1) From the appropriation in section 11, there is allocated an amount not to exceed $794,000,000.00 for 2019-2020 to provide additional resources to districts and intermediate districts for costs associated with providing instruction to higher-needs pupils and to make payments based on the weighted per-pupil education funding model under this section.

(2) Beginning in 2019-2020, there is implemented a weighted per-pupil education funding model that provides for a per-pupil base amount for all districts and adds weights for additional resources to serve higher-needs pupils who require special education services, are academically at risk, or are receiving career and technical education programming. A district’s base amount per pupil is equal to the district’s foundation allowance calculated under section 20 and paid out under sections 22a and 22b. Funds allocated under this section must be spent on resources that are shown through research and best practice to improve student learning.

(3) From the allocation in subsection (1), there is allocated an amount not to exceed $120,000,000.00 for payments to districts and intermediate districts to increase the level of reimbursement of costs associated with providing special education services required under state and federal statutes.

(a) A district’s or intermediate district’s allocation under this subsection is equal to the level percentage multiplied by each district’s or intermediate district’s costs reported to the center on the special education actual cost report, known as “SE-4096” as referred to under section 18(6), as approved by the department. The total reimbursement under this subsection and under section 51c shall not exceed the total reported costs for a district or intermediate district. For the purposes of this subsection, “the level percentage” means an amount equal to the allocation in subsection (2) divided by the total of costs reported to the center on the special education actual cost report, known as “SE‑4096” as referred to under section 18(6), as approved by the department. For 2019-2020, the level percentage is estimated at 4.0%.

(b) On a statewide basis, the allocation under this subsection and under sections 51a and 51c to reimburse districts and intermediate districts for 28.6138% of total approved costs of special education are estimated to provide an additional amount per full-time equated special education pupil equal to 92% of the foundation allowance amount paid to districts and intermediate districts for special education pupils.

(4) From the allocation in subsection (1), there is allocated an amount not to exceed $619,000,000.00 to implement a weighted foundation per-pupil payment for districts enrolling economically disadvantaged pupils. Payments under this subsection are made to districts for the purposes of ensuring that pupils are proficient in English language arts by the end of grade 3, that pupils are proficient in mathematics by the end of grade 8, that pupils are attending school regularly, and that high school graduates are career and college ready. All of the following apply to payments under this subsection:

(a) A district’s allocation under this subsection for each membership pupil in the district who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year, is equal to 11% of the district’s foundation allowance as calculated in section 20, not to exceed the state minimum foundation allowance. It is intended that the statewide target percentage for all sources of funds be set at 35.0%. If funds allocated under this subsection are insufficient to fully fund the payments prescribed in this subsection, the department shall prorate those payments on an equal percentage basis.

(b) For a district that has combined state and local revenue per membership pupil under section 20 that is greater than the target foundation allowance under section 20 for the current fiscal year, the allocation under this subsection is an amount equal to 50% of the allocation for which it would otherwise be eligible under this subsection, before any proration under subdivision (a).

(c) For a district that began operations after the pupil membership count day of the immediately preceding school year, the allocation under this subsection for each membership pupil in the district who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the current fiscal year, is an amount equal to the same percentage as paid in subdivision (a) of the district’s foundation allowance as calculated in section 20, not to exceed the state minimum foundation allowance.

(d) Payments under this subsection are subject to a district’s compliance with the requirements described in section 31a. A district shall use the payments for the purposes described in section 31a. In addition, a district shall use funds under this subsection to show progress toward meeting the following goals:

( i ) providing at least 1 tutor per every 100 economically disadvantaged pupils enrolled in the district.

( ii ) providing at least 1 pupil support position - including behavior specialists, reading support experts, and counselors - per every 125 economically disadvantaged pupils enrolled in the district.

( iii ) providing at least 1 summer school teaching position per every 120 economically disadvantaged pupils enrolled in the district.

( iv ) expanding professional development opportunities for teachers.

( v ) providing additional supports for students on the completion of the free application for federal student aid (FAFSA).

(e) as used in this subsection, “economically disadvantaged” means that term as defined in section 31a.

(5) From the allocation in subsection (1), there is allocated an amount not to exceed $55,000,000.00 to implement a weighted foundation per-pupil payment for districts with pupils enrolled in career and technical education programs. A school of excellence that is a cyber school, as defined in section 551 of the revised school code, mcl 380.551, is not eligible for funding under this subsection. All of the following apply to allocations under this subsection:

(a) A district’s allocation under this subsection for each pupil in the district who is in grades 9 to 12, who is counted in membership in the district, and who is enrolled in at least 1 career and technical education program in the career pathway identified by the student on the student’s educational development plan, excluding those pupils enrolled in districts in accordance with section 166b and counted in membership under section 6, is 6% of the district’s foundation allowance as calculated in section 20, not to exceed the state minimum foundation allowance. It is intended that the statewide target percentage for all sources of funds be set at 10.0%. If funds allocated under this subsection are insufficient to fully fund the payments prescribed in this subsection, the department shall prorate those payments on an equal percentage basis.

(b) As used in this subsection, “career and technical education program” means a state-approved career and technical education program, as determined by the department.

(c) Payments under this subsection are intended to support the hiring of additional career and technical education staff and career counselors; to update and maintain facilities, equipment, and materials related to career and technical education programming; and to expand the number of career and technical education programs available to students. ”.

7. Amend page 98, line 24, by striking out all of section 31a and inserting:

“Sec. 31a. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2018-2019 an amount not to exceed $528,207,300.00 for payments to eligible districts and eligible public school academies for the purposes of ensuring that pupils are proficient in English language arts by the end of grade 3, that pupils are proficient in mathematics by the end of grade 8, that pupils are attending school regularly, that high school graduates are career and college ready, and for the purposes under subsections (7) and (8).

(2) For a district that has combined state and local revenue per membership pupil under sections 20 and 20m that is greater than the basic foundation allowance under section 20 for the current fiscal year, the allocation under this section shall be an amount equal to 30% of the allocation for which it would otherwise be eligible under this section before any proration under subsection (14).

(3) For a district or public school academy to be eligible to receive funding under this section, other than funding under subsection (7) or (8), section 28(4), the district or public school academy, for grades K to 12, shall comply with the requirements under section 1280f of the revised school code, MCL 380.1280f, and shall use resources to address early literacy and numeracy, and for at least grades K to 12 or, if the district or public school academy does not operate all of grades K to 12, for all of the grades it operates, must implement a multi-tiered system of supports that is an evidence-based framework that uses data-driven problem solving to integrate academic and behavioral instruction and that uses intervention delivered to all pupils in varying intensities based on pupil needs. The multi-tiered system of supports described in this subsection must provide at least all of the following essential components:

(a) Team-based leadership.

(b) A tiered delivery system.

(c) Selection and implementation of instruction, interventions, and supports.

(d) A comprehensive screening and assessment system.

(e) Continuous data-based decision making.

(4) Except as otherwise provided in this subsection, an eligible district or eligible public school academy shall receive under this section for each membership pupil in the district or public school academy who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year, an amount per pupil equal to 11.5% of the statewide weighted average foundation allowance. However, a public school academy that began operations as a public school academy after the pupil membership count day of the immediately preceding school year shall receive under this section for each membership pupil in the public school academy, who is determined to be economically disadvantaged, as reported to the center in the form and manner prescribed by the center not later than the fifth Wednesday after the pupil membership count day of the current fiscal year, an amount per pupil equal to 11.5% of the statewide weighted average foundation allowance.

(2) (5) Except as otherwise provided in this section, a district or public school academy receiving funding under this section 28(4) shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical, mental health, or counseling services, for at-risk pupils; for school health clinics; and for the purposes of subsection (6), (7), or (8). (3), (4), OR (5). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership were determined to be economically disadvantaged in the immediately preceding state fiscal year, as determined and reported as described in subsection (4), section 28(4), may use not more than 20% of the funds it receives under this section 28(4) for school security that aligns to the needs assessment and the multitiered system of supports model . A district or public school academy shall not use any of that money for administrative costs. The instruction or direct noninstructional services provided under this section or section 28(4) may be conducted before or after regular school hours or by adding extra school days to the school year. Funds spent on school security under this subsection must be counted toward required spending under subsection (16)(c). (12)(C) .

(3) (6) A district or public school academy that receives funds under this section 28(4) and that operates a school breakfast program under section 1272a of the revised school code, MCL 380.1272a, shall use from the funds received under this section 28(4) an amount, not to exceed $10.00 per pupil for whom the district or public school academy receives funds under this section 28(4) , necessary to pay for costs associated with the operation of the school breakfast program.

(4) (7) From the funds allocated under subsection (1), appropriated under section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $6,057,300.00 to support primary health care services provided to children and adolescents up to age 21. These funds shall be expended in a form and manner determined jointly by the department and the department of health and human services. If any funds allocated under this subsection are not used for the purposes of this subsection for the fiscal year in which they are allocated, those unused funds shall be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (14) for that fiscal year.

(5) (8) From the funds allocated under subsection (1), appropriated under section 11, there is allocated for 2018-2019 2019-2020 an amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of the total cost of the screenings. The frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan Administrative Code. Funds shall be awarded in a form and manner approved jointly by the department and the department of health and human services. Notwithstanding section 17b, the department shall make payments to eligible entities under this subsection shall be paid on a schedule determined by the department.

(6) (9) Each district or public school academy receiving funds under this section 28(4) shall submit to the department by July 15 of each fiscal year a report, in the form and manner prescribed by the department, that includes a brief description of each program conducted or services performed by the district or public school academy using funds under this section 28(4) , the amount of funds under this section 28(4) allocated to each of those programs or services, the total number of at-risk pupils served by each of those programs or services, and the data necessary for the department and the department of health and human services to verify matching funds for the temporary assistance for needy families program. In prescribing the form and manner of the report, the department shall ensure that districts are allowed to expend funds received under this section 28(4) on any activities that are permissible under this section or section 28(4) . If a district or public school academy does not comply with this subsection, the department shall withhold an amount equal to the August payment due under this section 28(4) until the district or public school academy complies with this subsection. If the district or public school academy does not comply with this subsection by the end of the state fiscal year, the withheld funds shall be forfeited to the school aid fund.

(7) (10) In order to receive funds under this section 28(4) , a district or public school academy shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The district or public school academy shall reimburse the state for all disallowances found in the audit.

(8) (11) Subject to subsections (6), (7), and (8), (3), (4), AND (5), for schools in which more than 40% of pupils are identified as at-risk, a district or public school academy may use the funds it receives under this section 28(4) to implement tier 1, evidence-based practices in schoolwide reforms that are guided by the district’s comprehensive needs assessment and are included in the district improvement plan. Schoolwide reforms must include parent and community supports, activities, and services, that may include the pathways to potential program created by the department of health and human services or the communities in schools program. As used in this subsection, “tier 1, evidence-based practices means research-based instruction and classroom interventions that are available to all learners and effectively meet the needs of most students.

(9) (12) A district or public school academy that receives funds under this section 28(4) may use up to 5% 10% of those funds to provide research-based professional development and to implement a coaching model that supports the multi-tiered system of supports framework. Professional development may be provided to district and school leadership and teachers and must be aligned to professional learning standards; integrated into district, school building, and classroom practices; and solely related to the following:

(a) Implementing the multi-tiered system of supports required in subsection (3) (1) with fidelity and utilizing the data from that system to inform curriculum and instruction.

(b) Implementing section 1280f of the revised school code, MCL 380.1280f, as required under subsection (3), (1), with fidelity.

(10) (13) A district or public school academy that receives funds under this section 28(4) may use THOSE funds received under this section to support instructional or behavioral coaches. Funds used for this purpose are not subject to the cap under subsection (12). (9).

(14) If necessary, and before any proration required under section 296, the department shall prorate payments under this section, except payments under subsection (7), (8), or (17), by reducing the amount of the allocation as otherwise calculated under this section by an equal percentage per district.

(11) (15) If a district is dissolved pursuant to under section 12 of the revised school code, MCL 380.12, the intermediate district to which the dissolved school district was constituent shall determine the estimated number of pupils that are economically disadvantaged and that are enrolled in each of the other districts within the intermediate district and provide that estimate to the department for the purposes of distributing funds under this section 28(4) within 60 days after the school district is declared dissolved.

(12) (16) Beginning in 2019-2020, if a district or public school academy does not demonstrate to the satisfaction of the department that at least 50% of economically disadvantaged at-risk pupils are proficient in English language arts by the end of grade 3 as measured by the state assessment for the immediately preceding school year , or have achieved at least 1 year’s growth in English language arts during grade 3 as measured by a local benchmark assessment for the immediately preceding school year, demonstrate to the satisfaction of the department that at least 50% of economically disadvantaged at-risk pupils are proficient in mathematics by the end of grade 8 as measured by the state assessment for the immediately preceding school year , or have achieved at least 1 year’s growth in mathematics during grade 8 as measured by a local benchmark assessment for the immediately preceding school year, and demonstrate to the satisfaction of the department improvement over each of the 3 immediately preceding school years in the percentage of economically disadvantaged at‑risk pupils that are career- and college-ready as determined by proficiency on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g, the district or public school academy shall ensure all of the following:

(a) The district or public school academy shall determine the proportion of economically disadvantaged at-risk pupils in grade 3 that represents the number of economically disadvantaged at-risk pupils in grade 3 that are not proficient in English language arts by the end of grade 3 , or that did not achieve at least 1 year’s growth in English language arts during grade 3, and the district or public school academy shall expend that same proportion multiplied by 1/3 of its total at-risk funds economically disadvantaged per-pupil payment under this section 28(4) on tutoring interventions and other methods of improving grade 3 English language arts proficiency or growth.

(b) The district or public school academy shall determine the proportion of economically disadvantaged at-risk pupils in grade 8 that represents the number of economically disadvantaged at-risk pupils in grade 8 that are not proficient in mathematics by the end of grade 8 , or that did not achieve at least 1 year’s growth in mathematics during grade 8, and the district or public school academy shall expend that same proportion multiplied by 1/3 of its total at-risk funds economically disadvantaged per-pupil payment under this section 28(4) on tutoring interventions and other methods of improving grade 8 mathematics proficiency or growth.

(c) The district or public school academy shall determine the proportion of economically disadvantaged at-risk pupils in grade 11 that represents the number of economically disadvantaged at-risk pupils in grade 11 that are not career- and college-ready as measured by the student’s score on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g, and the district or public school academy shall expend that same proportion multiplied by 1/3 of its total at-risk funds economically disadvantaged per-pupil payment under this section 28(4) on tutoring interventions and other activities to improve scores on the college entrance examination portion of the Michigan merit examination.

(17) From the funds allocated under subsection (1), there is allocated for 2018-2019 an amount not to exceed $18,000,000.00 for payments to districts and public school academies that otherwise received an allocation under this section in 2018-2019 and that allocation was less than the district’s or public school academy’s allocation under this section in 2017-2018. The allocation for each district or public school academy under this subsection is an amount equal to its allocation under this section in 2017-2018 minus its allocation as otherwise calculated under this section for 2018-2019. If necessary, and before any proration required under section 296, the department shall prorate payments under this subsection by reducing the amount of the allocation as otherwise calculated under this subsection by an equal percentage per district or public school academy.

(13) (18) A district or public school academy that receives funds under this section 28(4) may use those funds received under this section to provide an anti-bullying or crisis intervention program.

(14) (19) The department shall collaborate with the department of health and human services to prioritize assigning Pathways to Potential Success coaches to elementary schools that have a high percentage of pupils in grades K to 3 who are not proficient in English language arts, based upon state assessments for pupils in those grades.

(15) (20) As used in this section:

(a) “At-risk pupil” means a pupil in grades K to 12 for whom the district has documentation that the pupil meets any of the following criteria:

( i ) The pupil is economically disadvantaged.

( ii ) The pupil is an English language learner.

( iii ) The pupil is chronically absent as defined by and reported to the center.

( iv ) The pupil is a victim of child abuse or neglect.

( v ) The pupil is a pregnant teenager or teenage parent.

( vi ) The pupil has a family history of school failure, incarceration, or substance abuse.

( vii ) The pupil is an immigrant who has immigrated within the immediately preceding 3 years.

( viii ) The pupil did not complete high school in 4 years and is still continuing in school as identified in the Michigan cohort graduation and dropout report.

( ix ) For pupils for whom the results of the state summative assessment have been received, is a pupil who did not achieve proficiency on the English language arts, mathematics, science, or social studies content area assessment.

( x ) Is a pupil who is at risk of not meeting the district’s or public school academy’s core academic curricular objectives in English language arts or mathematics, as demonstrated on local assessments.

(b) “Economically disadvantaged” means a pupil who has been determined eligible for free or reduced-price meals as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769j; who is in a household receiving supplemental nutrition assistance program or temporary assistance for needy families assistance; or who is homeless, migrant, or in foster care, as reported to the center.

(c) “English language learner” means limited English proficient pupils who speak a language other than English as their primary language and have difficulty speaking, reading, writing, or understanding English as reported to the center.

(d) “Statewide weighted average foundation allowance” means the number that is calculated by adding together the result of each district’s or public school academy’s foundation allowance or per pupil payment calculated under section 20 multiplied by the number of pupils in membership in that district or public school academy, and then dividing that total by the statewide number of pupils in membership. For the purposes of this calculation, a district’s foundation allowance shall not exceed the basic foundation allowance under section 20 for the current state fiscal year.”.

8. Amend page 183, line 9, by striking out all of subsection (18) .

9. Amend page 305, line 5, after “20m,” by striking out “22n,”.

10. Amend page 305, line 5, after “35b,” by inserting “61d,”.

11. Amend page 305, line 7, after “388.1620m,” by striking out “388.1622n,”.

12. Amend page 305, line 8, after “388.1635b,” by inserting “388.1661d,” and adjusting the totals in section 11 and enacting section 1 accordingly.

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 Bayer offered the following amendments:

1. Amend page 130, line 16, after “exceed” by striking out “ $249,600,000.00 ” and inserting “ $328,600,000.00 ”.

2. Amend page 131, line 10, after “exceed” by striking out “ $247,600,000.00 ” and inserting “ $328,600,000.00 ”.

3. Amend page 134, line 1, after “than” by striking out “250%” and inserting “ 300% ”.

4. Amend page 134, line 5, after “than” by striking out “250%” and inserting “ 300% ”.

5. Amend page 134, line 8, after “than” by striking out “300%” and inserting “ 350% ”.

6. Amend page 134, line 16, after “than” by striking out “250%” and inserting “ 300% ”.

7. Amend page 137, line 9, after “below” by striking out “250%” and inserting “ 300% ”.

8. Amend page 137, line 12, after “below” by striking out “250%” and inserting “ 300% ”.

9. Amend page 137, line 19, after “than” by striking out “250%” and inserting “ 300% ”.

10. Amend page 137, line 22, by striking out “300%” and inserting “ 350% ”.

11. Amend page 138, line 3, after “than” by striking out “250%” and inserting “ 300% ”.

12. Amend page 142, line 25, after “than” by striking out “250%” and inserting “ 300% ”.

13. Amend page 145, line 5, by striking out all of subsection (24) and renumbering the remaining subsection.

14. Amend page 162, line 14, after “by” by striking out “$7,250.00” and inserting “ $8,500.00 ”.

15. Amend page 162, line 17, after “by” by striking out “$3,625.00.” and inserting “ $4,250.00. ” and adjusting the totals in section 11 and enacting section 1 accordingly.

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 305, line 6, after “153,” by inserting “164h,”.

2. Amend page 305, line 10, after “388.1753,” by inserting “388.1764h,”.

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 300, following line 11, by striking out all of section 152b and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 305, line 6, after “104f” by inserting “152b,”.

3. Amend page 305, line 10, by inserting “388.1752b,”.

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 305, line 6, after “153,” by inserting “160,”.

2. Amend page 305, line 10, after “388.1753,” by inserting “388.1760,”.

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


evidence_text:
Senator Polehanki offered the following amendments:

1. Amend page 148, line 21, after “exceed” by striking out “ $41,900,000.00 ” and inserting “ $52,400,000.00 ”.

2. Amend page 150, line 6, after “exceed” by striking out “ $21,000,000.00 ” and inserting “ $31,500,000.00 ”.

3. Amend page 151, line 2, after “coaches.” by striking out the balance of the line through “coach.” on line 4.

4. Amend page 151, line 9, after “exceed” by striking out “$75,000.00.” and inserting “ $112,500.00. ”.

5. Amend page 151, line 13, after “exceed” by striking out “$75,000.00” and inserting “ $112,500.00 ” and adjusting the totals in section 11 and enacting section 1 accordingly.

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


evidence_text:
Senator Hollier offered the following amendments:

1. Amend page 252, following line 19, by inserting:

“Sec. 99w. (1) From the general fund money appropriated under section 11, there is allocated an amount not to exceed $500,000.00 $100.00 for 2018-2019 2019-2020 to facilitate a culture of health and physical activity as part of daily life. Funding under this section shall be a grant to the Michigan Fitness Foundation to work with the department to invest in a physical education curriculum. Funding under this section may support staff, evaluation, assessment, technology, meetings, training, travel, materials, and other administrative expenses in support of an updated physical education curriculum. Funding under this section may be used as matching dollars to qualify for federal and private resources to support physical education.

(2) Notwithstanding section 17b, the department shall make payments made under this section shall be made not later than March 1, 2019 on a schedule determined by the department .” and adjusting the totals in section 11 and enacting section 1 accordingly.

2. Amend page 305, line 6, after “95b,” by striking out “99w”.

3. Amend page 305, line 9, after “388.1695b” by striking out “388.1699w”.

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


evidence_text: Senators Bayer, Geiss and Barrett, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 146.


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


evidence_text: Senators Polehanki, Hertel and Stamas 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 Senate recess until 4:30 p.m.

The motion prevailed, the time being 2:41 p.m.


activity_role: adjourn

evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 4:31 p.m.


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

The motion prevailed.


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

The motion prevailed.


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. Markkanen offered the following resolution:


evidence_text: Reps. Gay-Dagnogo, Hoadley, Yancey, Ellison, Byrd, Cynthia Johnson, Sneller, Neeley, Tyrone Carter, Love, LaGrand, Brenda Carter, Hood, Rabhi, Stone, Chirkun, Garza, Haadsma, Hope, Lasinski, Liberati, Shannon, Sowerby and Wittenberg offered the following resolution:


evidence_text: Reps. Cherry, Chirkun, Frederick, Gay-Dagnogo, Haadsma, Hope, Lasinski, Liberati, Shannon, Sneller, Sowerby, Warren and Wittenberg offered the following resolution:


evidence_text: Reps. Anthony, Cherry, Chirkun, Crawford, Garza, Gay-Dagnogo, Haadsma, Hope, Lasinski, Liberati, Pagan, Sabo, Shannon, Sneller, Sowerby, Warren, Wittenberg and Witwer offered the following resolution:


evidence_text: Reps. Whitsett, Jones, Eisen, Cherry, Chirkun, Garza, Gay-Dagnogo, Haadsma, Lasinski, Liberati, Shannon and Wittenberg offered the following concurrent resolution:


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

The motion prevailed.


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

The motion prevailed.


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

The motion prevailed.


evidence_text:
Rep. Lasinski moved that the House adjourn.

The motion prevailed, the time being 2:00 p.m.


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

The motion prevailed.


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

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 10:06 a.m.


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 Schmidt as Chairperson.


activity_role: postpone

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

Senate Resolution No. 30

Senate Resolution No. 38

The motion prevailed.


evidence_text: Senator Theis 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 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 50

Senate Resolution No. 51

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


evidence_text: Senators Bullock, Wojno, McCann, Geiss, Irwin, Outman, Zorn, Schmidt, Johnson, Chang, Polehanki, Brinks, Bayer, Hollier, Santana, Ananich and Hertel offered the following resolution:


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


evidence_text: Senator Hollier offered the following resolution:


evidence_text: Senator Hollier 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 recess subject to the call of the Chair.

The motion prevailed, the time being 11:18 a.m.


evidence_text:
Senator MacGregor moved that the Senate recess until 12:45 p.m.

The motion prevailed, the time being 11:30 a.m.


evidence_text:
Senator MacGregor moved that rule 2.107 be suspended to allow committees to meet during Senate session.

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


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

The motion prevailed, the time being 12:46 p.m.


evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 1:00 p.m.


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

The motion prevailed.


evidence_text: Reps. Lower, Berman, Maddock, Webber, Crawford, Howell, Eisen, Slagh, Chirkun, Calley and Rendon offered the following resolution:


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. Ellison moved that his name be removed as co-sponsor of the bill.

The motion prevailed.


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

The motion prevailed.


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

The motion prevailed.


evidence_text:
Rep. Coleman 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 re-referred to the Committee on Commerce and Tourism.

The motion prevailed.


evidence_text:
Rep. Cole moved that Rules 41 and 42 be suspended.

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


evidence_text:
Rep. Cole moved that the bill be placed on the order of Second 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. LaGrand moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.


evidence_text: Senator Ken Horn of the 32nd District offered the following invocation:


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

The motion prevailed.


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

The motion prevailed.


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

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 10:06 a.m.


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 Bizon as Chairperson.


evidence_text: Senator McMorrow 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 11:26 a.m.


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

The motion prevailed.


evidence_text:
Rep. Cole moved to amend the title to read as follows:

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117 and 500 (MCL 208.1117 and 208.1500), section 117 as amended by 2011 PA 292 and section 500 as amended by 2016 PA 426; and to repeal acts and parts of acts.

The motion prevailed.


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: Reps. Wittenberg, Berman, Crawford, Ellison, Garza, Haadsma, Kuppa, Lasinski, Sowerby and Warren offered the following resolution:


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

The motion prevailed.


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

The motion prevailed.


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

1. Amend page 2, line 6, after “ (4) ” by striking out “ or (6) ”.

2. Amend page 2, line 10, by striking out all of subsections (4) to (6) and inserting:

“ (4) A person who violates subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, if all of the following apply:

(a) The person’s concealed pistol license issued under section 5b of 1927 PA 372, MCL 28.425b, expired not more than 1 year before the date of the violation.

(b) The person is eligible to obtain a concealed pistol license under section 5b of 1927 PA 372, MCL 28.425b.

(c) The violation is the person’s first or second violation that occurs during the 1-year period described in subdivision (a). ”.

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


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

The motion prevailed.


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

The motion prevailed.


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

The motion prevailed.


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

The motion prevailed.


evidence_text:
Rep. LaFave moved that the House adjourn.

The motion prevailed, the time being 2:40 p.m.


evidence_text:
Senator MacGregor moved that Senators Nesbitt and Shirkey be temporarily 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 Assistant President pro tempore, Senator Theis , designated Senator Lauwers as Chairperson.


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

Senate Resolution No. 30

Senate Resolution No. 38

The motion prevailed.


evidence_text:
Senator MacGregor moved that the rule be suspended.

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


evidence_text: Senator Nesbitt 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 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

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


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


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

Senate Bill No. 192

The motion prevailed.


evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 10:42 a.m.


evidence_text: Rep. Steven Johnson, from the 72nd District, offered the following invocation:


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

The motion prevailed.


evidence_text: Reps. Yaroch, Cherry, Crawford, Garza, Haadsma, Hope, Jones, Kuppa, Liberati, Sabo, Shannon, Sneller, Warren, Wittenberg and Witwer offered the following resolution:


evidence_text: Reps. Paquette, Bollin, Ellison, Miller, Yaroch, Cherry, Crawford, Garza, Haadsma, Hope, Jones, Kuppa, Liberati, Sabo, Shannon, Sneller, Warren, Webber, Wittenberg and Witwer offered the following resolution:


evidence_text: Reps. Haadsma, Cherry, Crawford, Garza, Hope, Jones, Kuppa, Liberati, Manoogian, Sabo, Shannon, Sneller, Sowerby, Warren, Wittenberg and Witwer offered the following resolution:


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

The motion prevailed.


evidence_text:
Rep. Kahle 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. Cole moved that when the House adjourns today it stand adjourned until Friday, May 24, at 8:00 a.m.

The motion prevailed.


evidence_text:
Rep. Kuppa moved that the House adjourn.

The motion prevailed, the time being 5:50 p.m.


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

The motion prevailed.


evidence_text:
Senator McMorrow moved that Senator Chang be excused from today’s session.

The motion prevailed.


evidence_text:
Senator MacGregor moved that rule 3.902 be suspended to allow the guests of Senator MacDonald admittance to the Senate floor, including the center aisle.

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


evidence_text:
Senator MacGregor moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Senate Gallery.

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


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

The motion prevailed, the time being 10:06 a.m.


evidence_text: Senators MacDonald, Hertel, Barrett, Bizon, Zorn, Bayer, Stamas, Ananich, Theis, Shirkey, Daley, Runestad, Wojno, VanderWall, Victory, Lucido, Irwin, Polehanki, Johnson, Moss, Horn and MacGregor 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 rule 2.107 be suspended to allow committees to meet during Senate session.

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


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

The motion prevailed, the time being 11:09 a.m.


evidence_text:
Senator MacGregor moved that when the Senate adjourns today, it stand adjourned until Friday, May 24, 2019 at 8:00 a.m.

The motion prevailed.


evidence_text:
Senator MacGregor moved that the Senate adjourn.

The motion prevailed, the time being 5:47 p.m.


evidence_text: Rep. Aaron Miller, from the 59th District, offered the following invocation:


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

The motion prevailed.


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. 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. Hauck moved to substitute (H-3) the bill.

The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.


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

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

“ (13) NOTWITHSTANDING ANYTHING IN THIS ACT TO THE CONTRARY, NOT MORE THAN 10% OF A PREMIUM MAY BE BASED ON TERRITORY, INSURANCE SCORE, CREDIT INFORMATION, CREDIT REPORT, CREDIT OR CONSUMER DATA OR INFORMATION, OR ANY PROHIBITED FACTOR IN SUBSECTION (4). ” and renumbering the remaining subsection.

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


evidence_text:
Rep. Cynthia Johnson moved to amend the bill as follows:

1. Amend page 24, line 10, after “ (G) ” by striking out the balance of the subdivision and inserting “ CREDIT OR CONSUMER DATA OR INFORMATION. ”.

2. Amend page 34, line 20, by striking out all of subdivision (E) and relettering the remaining subdivisions.

3. Amend page 35, line 7, after “ INDIVIDUAL’S ” by striking out “ CREDIT SCORE ” and inserting “ CREDIT OR CONSUMER DATA OR INFORMATION ”.

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 amend the bill as follows:

1. Amend page 25, line 26, by striking out “ PERSONAL PROTECTION INSURANCE COVERAGE ” and inserting “ ALL COVERAGES ”.

2. Amend page 26, line 3, after “ FOR ” by striking out the balance of the line through “ COVERAGE ” on line 4 and inserting “ ALL COVERAGES ”.

3. Amend page 26, line 6, after “ FOR ” by striking out the balance of the line through “ COVERAGE ” on line 7 and inserting “ ALL COVERAGES ”.

4. Amend page 28, line 19, after “ FOR ” by striking out the balance of the line through “ COVERAGE ” on line 20 and inserting “ ALL COVERAGES ”.

5. Amend page 28, line 21, after “ CALCULATING ” by striking out “ A PERSONAL PROTECTION ” and inserting “ AN ”.

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


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

1. Amend page 21, following line 1, by inserting:

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

(a) Rates shall MUST not be excessive, inadequate, or unfairly discriminatory. A rate shall MUST 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 MUST 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 MUST 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 FOR 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 egree 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. ”.

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


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

1. Amend page 65, line 4, after “ (5) ” by striking out “ THE ” and inserting “ EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE ”.

2. Amend page 65, line 8, after “ POLICY. ” by inserting “ NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE MINOR CHILDREN OF A NAMED INSURED SHALL HAVE THE COVERAGE LEVELS UNDER SUBSECTION (1)(D). ”.

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


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

1. Amend page 106, following line 6, by inserting:

“ (C) IF A PERSON IS ENTITLED TO CLAIM BENEFITS UNDER THE ASSIGNED CLAIMS PLAN UNDER SECTION 3115(1), THE COVERAGE PROVIDED IN SECTION 3107C(1)(D). ”.

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


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

1. Amend page 24, following line 12, by inserting:

“ (6) NOTWITHSTANDING ANYTHING IN THIS ACT TO THE CONTRARY, TERRITORY, INSURANCE SCORE, CREDIT INFORMATION, CREDIT REPORT, CREDIT OR CONSUMER DATA OR INFORMATION CANNOT BE USED TO ESTABLISH A PERSONAL PROTECTION INSURANCE PREMIUM. ” and renumbering the remaining subsections.

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


evidence_text:
Rep. Gay-Dagnogo moved to amend the bill as follows:

1. Amend page 26, line 5, after “ IN ” by striking out “ AN AVERAGE ” and inserting “ A ”.

2. Amend page 26, line 10, after “ 3107C(1)(A), ” by striking out “ AN AVERAGE ” and inserting “ A”.

3. Amend page 26, line 12, after “ 3107C(1)(B), ” by striking out “ AN AVERAGE ” and inserting “ A ”.

4. Amend page 26, line 14, after “ 3107C(1)(C), ” by striking out “ AN AVERAGE ” and inserting “ A ”.

5. Amend page 26, line 16, after “ 3107C(1)(D), ” by striking out “ AN AVERAGE ” and inserting “ A ”.

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


evidence_text:
Rep. Gay-Dagnogo moved to amend the bill as follows:

1. Amend page 96, following line 26, by inserting:

“ (15) SUBSECTIONS (2) TO (12) APPLY TO TREATMENT OR TRAINING RENDERED TO AN INJURED PERSON WHO SUFFERS AN ACCIDENTAL BODILY INJURY FROM A MOTOR VEHICLE ACCIDENT THAT OCCURS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION. ” and renumbering the remaining subsection.

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


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

1. Amend page 12, line 21, after “the” by striking out the balance of the line through “ County ” on line 22 and inserting “ court of claims ”.

2. Amend page 25, line 21, after “ issued ” by striking out “ for ” and inserting “ or renewed in ”.

3. Amend page 26, line 10, by striking out all of subsection (8) and inserting:

“ (8) An insurer shall pass on, in filings to which this section applies, savings realized from the application of section 3157(2) to (12) to treatment, products, services, accommodations, or training rendered to individuals who suffered accidental bodily injury from motor vehicle accidents that occurred before the effective date of the amendatory act that added this section. An insurer shall provide the director with all documents and information requested by the director that the director determines are necessary to allow the director to evaluate the insurer’s compliance with this subsection. after July 1, 2022, the director shall review all rate filings to which this section applies for compliance with this subsection. ”.

4. Amend page 27, line 2, by striking out “ does not ” and inserting “ must ”.

5. Amend page 35, line 17, after “highway.” by striking out the balance of the subsection and inserting:

“ (2) Except as provided in section 3107d, all automobile insurance policies offered in this state must include benefits under personal protection insurance, and property protection insurance as provided in this chapter, and residual liability insurance. Notwithstanding any other provision in this act, an insurer that has issued an automobile insurance policy may only delete portions of the coverages under the policy and maintain the comprehensive coverage portion on a motor vehicle that is not driven or moved on a highway in accordance with section 3009(4). ” and renumbering the remaining subsection.

6. Amend page 52, line 12, after “ after ” by striking out “ 2019 ” and inserting “ 2022 ”.

7. Amend page 52, line 17, after “ September 1 ,” by striking out “ 2019 ” and inserting “ 2022 ”.

8. Amend page 52, line 18, after “ after ” by striking out “ 2019 ” and inserting “ 2022 ”.

9. Amend page 63, line 15, by striking out “ 3107(1)(d) ” and inserting “ 3107c(1)(d) ”.

10. Amend page 66, line 16, by striking out “ 3107c(1)(c) ” and inserting “ 3107c(1)(b) ”.

11. Amend page 82, line 29, after “ (a) ” by striking out the balance of the subdivision and inserting “ The examining physician is a licensed, board certified, or board eligible physician qualified to practice in the area of medicine appropriate to treat the person’s condition. ”.

12 Amend page 83, line 9, after “ practice ” by striking out “ of ” and inserting “ relevant to ”.

13 Amend page 85, line 29, after “ (4)(a) ” by striking out “ or (b) ”.

14. Amend page 86, line 6, after “ (4)(a) ” by striking out “ or (b) ” on line 7.

15. Amend page 86, line 11, after “ (4)(a) ” by striking out “ or (b) ”.

16. Amend page 87, line 3, after “ (3), ” by inserting “ (5), ”.

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


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

1. Amend page 66, following line 4, by inserting:

“ (10) A LIMIT SELECTED UNDER SUBSECTION (1)(A) OR (B) DOES NOT APPLY TO PAYMENT OR REIMBURSEMENT FOR A TREATMENT, PRODUCT, SERVICE, ACCOMMODATIONS, OR TRAINING RENDERED BY A FREESTANDING REHABILITATION FACILITY. AS USED IN THIS SUBSECTION, “FREESTANDING REHABILITATION FACILITY” MEANS AN ACUTE CARE HOSPITAL TO WHICH ALL OF THE FOLLOWING APPLY:

(A) THE HOSPITAL HAS STAFF WITH SPECIALIZED AND DEMONSTRATED REHABILITATION MEDICINE EXPERTISE.

(B) THE HOSPITAL POSSESSES SOPHISTICATED TECHNOLOGY AND SPECIALIZED FACILITIES.

(C) THE HOSPITAL PARTICIPATES IN REHABILITATION RESEARCH AND CLINICAL EDUCATION.

(D) THE HOSPITAL ASSISTS PATIENTS TO ACHIEVE EXCELLENT REHABILITATION OUTCOMES.

(E) THE HOSPITAL COORDINATES NECESSARY POSTDISCHARGE SERVICES.

(F) THE HOSPITAL IS ACCREDITED BY 1 OR MORE THIRD-PARTY, INDEPENDENT ORGANIZATIONS FOCUSED ON QUALITY.

(G) THE HOSPITAL SERVES THE REHABILITATION NEEDS OF CATASTROPHICALLY INJURED PATIENTS IN THIS STATE. ”.

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


evidence_text:
Rep. Gay-Dagnogo moved to amend the bill as follows:

1. Amend page 92, line 17, after “ (3), ” by striking out “ 250% ” and inserting “ 300% ”.

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


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

1. Amend page 36, line 18, after “ THAN ” by striking out “ $50,000.00 ” and inserting “ $100,000.00 ”.

2. Amend page 36, line 19, after “ AND ” by striking out “ $100,000.00 ” and inserting “ $200,000.00 ”.

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


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

1. Amend page 65, line 9, after “ SUBDIVISION ” by striking out “ (a)( ii ) ” and inserting “ (b)( ii ) ”.

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


activity_role: reconsider

evidence_text:
Rep. Cole moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Garrett.

The motion prevailed, a majority of the members serving 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 bill be placed on its immediate passage.

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


evidence_text:
Rep. Cole moved to amend the title to read as follows:

A bill to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending sections 150, 224, 1244, 2038, 2040, 2069, 2105, 2106, 2108, 2111, 2118, 2120, 2151, 3009, 3101, 3101a, 3104, 3107, 3109a, 3111, 3112, 3113, 3114, 3115, 3135, 3142, 3145, 3148, 3151, 3157, 3163, 3172, 3173a, 3174, 3175, and 3177 (MCL 500.150, 500.224, 500.1244, 500.2038, 500.2040, 500.2069, 500.2105, 500.2106, 500.2108, 500.2111, 500.2118, 500.2120, 500.2151, 500.3009, 500.3101, 500.3101a, 500.3104, 500.3107, 500.3109a, 500.3111, 500.3112, 500.3113, 500.3114, 500.3115, 500.3135, 500.3142, 500.3145, 500.3148, 500.3151, 500.3157, 500.3163, 500.3172, 500.3173a, 500.3174, 500.3175, and 500.3177), section 150 as amended by 1992 PA 182, section 224 as amended by 2007 PA 187, section 1244 as amended by 2001 PA 228, section 2069 as amended by 1989 PA 306, section 2108 as amended by 2015 PA 141, section 2111 as amended by 2012 PA 441, sections 2118 and 2120 as amended by 2007 PA 35, section 2151 as added by 2012 PA 165, sections 3009 and 3113 as amended by 2016 PA 346, section 3101 as amended by 2017 PA 140, section 3101a as amended by 2018 PA 510, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3109a as amended by 2012 PA 454, section 3114 as amended by 2016 PA 347, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, sections 3172, 3173a, 3174, and 3175 as amended by 2012 PA 204, and section 3177 as amended by 1984 PA 426, and by adding sections 261, 271, 2013a, 2111f, 2116b, 2162, 3107c, 3107d, 3107e, 3157a, and 3157b and chapters 31A and 63.

The motion prevailed.


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


evidence_text: Rep. Wittenberg, having reserved the right to explain his 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. Cole moved that House Committees be given leave to meet during the balance of today’s session.

The motion prevailed.


evidence_text:
Rep. Koleszar moved that the House adjourn.

The motion prevailed, the time being 4:10 p.m.


evidence_text: Senator Ed McBroom of the 38th District offered the following invocation:


evidence_text:
Senator MacGregor moved that Senators Daley, Horn, Johnson, Lauwers, Schmidt, Stamas, Victory and Nesbitt be temporarily excused from today’s session.

The motion prevailed.


evidence_text:
Senator McMorrow moved that Senators Chang, Moss, Geiss, Alexander, Bayer, Bullock, Santana, Brinks, Irwin and Ananich be temporarily excused from today’s session.

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 8:06 a.m.


evidence_text:
Senator MacGregor moved that the rule be suspended.

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


evidence_text:
Senator Irwin offered the following amendments:

1. Amend page 24, line 11, after “(5)” by striking out “Notwithstanding other provisions of this chapter,” and inserting “ AN INSURER SHALL NOT ESTABLISH OR MAINTAIN RATES OR RATING CLASSIFICATIONS FOR ”.

2. Amend page 24, line 12, after “insurance” by striking out “risks may be grouped by” and inserting “ BASED ON THE ”.

3. Amend page 24, line 12, after “territory” by striking out “ IN WHICH THE INSURED RESIDES OR WORKS. ”

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


evidence_text:
Senator Irwin 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: Senators Irwin, Theis, Santana, Bullock, Nesbitt, Hollier and Shirkey 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 Senate adjourn.

The motion prevailed, the time being 5:14 p.m.


evidence_text: Rep. Jeff Yaroch, from the 33rd District, offered the following invocation:


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

The motion prevailed.


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

1. Amend page 2, line 16, by striking out all of enacting section 1.

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


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

The motion prevailed.


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

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


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. Webber moved that Rule 42 be suspended.

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


evidence_text:
Rep. Robinson moved to amend the Senate substitute (S-1) as follows:

1. Amend page 1, following “ THE PEOPLE OF THE STATE OF MICHIGAN ENACT: ”, by inserting:

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

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

(a) With respect to all automobile insurance coverages:

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

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

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

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

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

( vi ) Daily or weekly commuting mileage.

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

( viii ) Amount of insurance.

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

( i ) Earned income.

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

( iii ) Coordination of benefits.

( iv ) Use of a safety belt.

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

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

( ii ) Vehicle make and model.

( iii ) Vehicle design characteristics related to vehicle damageability.

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

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

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

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

(A) The effects of aging on driving behavior.

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

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

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

(E) Accident prevention measures.

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

(G) Major driving hazards.

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

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

(a) Substantially at-fault accidents.

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

(4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based on sex or marital any of the following:

(a) Sex.

(b) Marital status.

(c) Home ownership.

(d) Educational level attained.

(e) Occupation.

(f) The postal zone in which the insured resides.

(g) Credit score, consumer or credit information or data, insurance score, or credit report.

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

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

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

(a) Amount and types of coverage.

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

(c) Repairable structural defects reasonably related to risk.

(d) Fire protection class.

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

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

(g) Use of smoking materials within the structure.

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

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

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

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

The question being on the adoption of the amendment offered by Rep. Robinson,

Rep. Robinson demanded the yeas and nays.

The demand was not supported.

The question being on the adoption of the amendment offered by Rep. Robinson,

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


evidence_text:
Rep. Cynthia Johnson moved to amend the Senate substitute (S-1) as follows:

1. Amend page 1, following “ THE PEOPLE OF THE STATE OF MICHIGAN ENACT: ”, by inserting:

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

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

(a) With respect to all automobile insurance coverages:

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

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

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

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

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

( vi ) Daily or weekly commuting mileage.

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

( viii ) Amount of insurance.

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

( i ) Earned income.

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

( iii ) Coordination of benefits.

( iv ) Use of a safety belt.

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

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

( ii ) Vehicle make and model.

( iii ) Vehicle design characteristics related to vehicle damageability.

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

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

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

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

(A) The effects of aging on driving behavior.

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

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

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

(E) Accident prevention measures.

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

(G) Major driving hazards.

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

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

(a) Substantially at-fault accidents.

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

(4) An insurer shall not establish or maintain rates or rating classifications for automobile insurance based on sex or marital any of the following:

(a) Sex.

(b) Marital status.

(c) Home ownership.

(d) Educational level attained.

(e) Occupation.

(f) The postal zone or other territory in which the insured resides.

(g) Credit score as provided in section 2162.

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

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

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

(a) Amount and types of coverage.

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

(c) Repairable structural defects reasonably related to risk.

(d) Fire protection class.

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

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

(g) Use of smoking materials within the structure.

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

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

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

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

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


evidence_text:
Rep. Pohutsky moved to amend the Senate substitute (S-1) as follows:

1. Amend page 4, line 3, after the first “ to ” by striking out “ (12) ” and inserting “ (6) ”.

2. Amend page 24, following line 3, by inserting:

“Sec. 3157. (1) A Subject to subsections (2) to (6), a physician, hospital, clinic , or other person or medical institution that lawfully rendering renders treatment to an injured person for an accidental bodily injury covered by personal protection insurance, and a person or institution including, but not limited to, providing rehabilitative occupational training following the injury, may charge a reasonable amount for the products, services , and or accommodations rendered. The charge shall must not exceed the amount the person or institution customarily charges for like products, services , and or accommodations in cases that do not involving involve insurance.

(2) Except as otherwise provided in subsections (3) and (4), after January 1, 2020, a person, including a hospital, clinic, or other medical institution, that lawfully renders products, services, or accommodations to an injured person for an accidental bodily injury covered by personal protection insurance is entitled to be paid for the services at 200% of the maximum amount payable under Medicare.

(3) Subsection (2) only limits the dollar amount payable for products, services, or accommodations, and does not limit the scope or duration of products, services, or accommodations that are allowable expenses payable as personal protection benefits under section 3107(1)(a).

(4) A person that renders products, services, or accommodations may, at its sole discretion, charge and accept payment in an amount that is less than the amount provided under subsection (2).

(5) Subsections (2) to (4) and (6) apply to motor vehicle accidents that occur after January 1, 2020.

(6) As used in this section:

(a) “Medicare” means subchapter XVIII of the social security act, 42 USC 1395 to 1395 lll .

(b) “Products, services, or accommodations” means those products, services, or accommodations under section 3107(1)(a) that are specifically described and monetarily quantified to be greater than zero under rates of reimbursement under Medicare. A product, service, or accommodation not specifically described or monetarily quantified to be greater than zero under rates of reimbursement under Medicare is subject to the requirements of section 3107(1)(a). ”.

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