Financial institutions: other; certain references in the regulatory loan act; make gender neutral. Amends sec. 17 of 1939 PA 21 (MCL 493.17). TIE BAR WITH: HJR F'25
Summary
HB4605 amends section 17 of Michigan’s Regulatory Loan Act to update the statute’s language to be gender neutral. The bill replaces references such as “husband and wife” with “spouses,” and similarly updates other wording to refer to borrowers and spouses in neutral terms. It also preserves the existing rule that certain assignments of wages or salary given to secure a regulated loan are invalid, and that liens or chattel mortgages on household goods must be in writing and signed in person by the borrower.
The bill does not create a new lending rule or expand the scope of the Regulatory Loan Act; rather, it modernizes terminology in a section governing the validity of wage assignments and liens on household goods used as loan security. It also keeps the current protection that a spouse’s written assent is generally required for a lien on household goods when the borrower is married, while maintaining the exception for spouses who have lived separate and apart for at least five months. The bill is tied to a companion constitutional resolution, meaning it would not take effect unless that resolution becomes part of the state constitution.
Impact
HB4605 would amend MCL 493.17 in the Regulatory Loan Act to replace gendered marital references with gender-neutral language and make corresponding grammatical updates. The practical legal effect is limited: the bill preserves the existing invalidity of wage assignments for covered loans and the existing restrictions on chattel mortgages or liens on household goods, while clarifying that the spousal-signature requirement applies to spouses rather than specifically to husbands and wives. Because the bill is tie-barred to a constitutional resolution, its changes would only take effect if that related constitutional amendment is adopted.
Sentiment
The available context suggests the bill is largely noncontroversial and technical in nature. Its stated purpose is to make statutory language gender neutral, which typically draws broad support as a modernization and cleanup measure. There is no recorded committee transcript or vote history in the provided materials indicating opposition or debate, and the bill’s tie-bar to a constitutional resolution appears to be the main procedural feature rather than a substantive point of dispute.
Contention
The main point of potential contention is not the gender-neutral drafting itself, but the bill’s dependence on a separate constitutional resolution before taking effect. That tie-bar means the statutory amendment is contingent on another measure’s success, which can complicate enactment. Substantively, the bill preserves the existing requirement for spousal assent on liens against household goods, so any concern would likely center on the continued scope of those consumer-protection rules rather than the terminology update. No specific opposing viewpoints are reflected in the provided record.
Same As
Civil rights: sexual orientation discrimination; certain references to marriage; make gender neutral. Amends sec. 1, art. X & repeals sec. 25, art. I of the state constitution.
Civil procedure: other; certain references in the revised judicature act; make gender neutral. Amends secs. 1410, 2005, 2162, 2807, 3344, 5451, 6023a & 6131 of 1961 PA 236 (MCL 600.1410 et seq.). TIE BAR WITH: HJR F'25
Veterans: other; certain references in the uniform veterans' guardianship act; make gender neutral. Amends sec. 13 of 1937 PA 321 (MCL 35.83). TIE BAR WITH: HJR F'25
Insurance: other; certain references in the insurance code; make gender neutral. Amends secs. 2207, 2209, 3110 & 3402 of 1956 PA 218 (MCL 500.2207 et seq.). TIE BAR WITH: HJR F'25
Financial institutions: generally; regulatory loan act; amend to exempt earned wage access services. Amends sec. 20 of 1939 PA 21 (MCL 493.20). TIE BAR WITH: HB 5558'26
Taxation: other; certain references in the real estate transfer tax act; make gender neutral. Amends sec. 5 of 1966 PA 134 (MCL 207.505). TIE BAR WITH: HJR F'25
Worker's compensation: other; certain references in the worker's compensation act; make gender neutral. Amends secs. 118, 335 & 353 of 1969 PA 317 (MCL 418.118 et seq.). TIE BAR WITH: HJR F'25
Family law: marriage and divorce; certain references in the foreign marriage act; make gender neutral. Amends sec. 1 of 1939 PA 168 (MCL 551.271) & repeals sec. 2 of 1939 PA 168 (MCL 551.272). TIE BAR WITH: HJR F'25
Mental health: other; certain references in the mental health code; make gender neutral. Amends sec. 800 of 1974 PA 258 (MCL 330.1800). TIE BAR WITH: HJR F'25
Financial institutions: other; consumer financial services act; revise internal references related to money transmission services. Amends sec. 6 of 1988 PA 161 (MCL 487.2056). TIE BAR WITH: HB 5544'26
Property tax: special assessments; certain references in act providing for deferment of special assessments on certain homesteads; make gender neutral. Amends sec. 4 of 1976 PA 225 (MCL 211.764). TIE BAR WITH: HJR F'25