2023 House Bill 4996 / Public Act 134

Businesses: nonprofit corporations; annual report fees under the nonprofit corporation act; modify.

An act to amend 1982 PA 162, entitled “An act to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,” by amending section 1060 (MCL 450.3060), as amended by 2019 PA 69.

House Fiscal Agency Analysis

House Bills 4995, 4996, and 4997 would amend the Michigan Limited Liability Company Act (1993 PA 23), the Nonprofit Corporation Act (1982 PA 162), and the Business Corporation Act (1972 PA 284), respectively, by extending fee sunsets through September 30, 2027, which would otherwise mature on September 30, 2023. The aforementioned statutes pertain to the regulation of business and nonprofit corporations and limited liability companies and require the payment of filing fees for various documents submitted to the Department of Licensing and Regulatory Affairs (LARA). The bills would maintain FY 2022-23 fee amounts by extending previously enacted fee increases. (Increases were initially enacted in 2003 with sunset provisions.) The fee sunsets were previously extended in 2019.

Introduced in the House

Sept. 14, 2023

Introduced by Reps. Phil Skaggs (D-80) and Angela Witwer (D-76)

Referred to the Committee on Appropriations

Sept. 20, 2023

Reported with substitute H-2

Substitute H-2 concurred in by voice vote

Amendment offered by Rep. Thomas Kuhn (R-57)

1. Amend page 3, line 2, after “30,” by striking out “2027.” and inserting “2025.”.

2. Amend page 3, line 2, after “1,” by striking out “2027,” and inserting “2025,”.

The amendment failed by voice vote

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Sept. 26, 2023

Referred to the Committee of the Whole

Reported without amendment

Sept. 27, 2023

Passed in the Senate 20 to 18 (details)

Motion to give immediate effect by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Sept. 29, 2023