No. 25

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

98th Legislature

REGULAR SESSION OF 2016

House Chamber, Lansing, Thursday, March 10, 2016.

12:00 Noon.

The House was called to order by the Speaker Pro Tempore.

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

Afendoulis—present Garcia—present LaFontaine—present Price—present

Banks—present Garrett—present Lane—present Pscholka—present

Barrett—present Gay-Dagnogo—present Lauwers—present Rendon—present

Bizon—present Geiss—present LaVoy—present Roberts, B.—present

Brinks—present Glardon—present Leonard—present Roberts, S.—present

Brunner—present Glenn—present Leutheuser—present Robinson—present

Bumstead—present Goike—present Liberati—present Runestad—present

Byrd—present Graves—present Love—present Rutledge—present

Callton—present Greig—present Lucido—present Santana—present

Canfield—present Greimel—present Lyons—present Schor—present

Chang—present Guerra—present Maturen—present Sheppard—present

Chatfield—present Heise—present McBroom—present Singh—present

Chirkun—present Hoadley—present McCready—present Smiley—present

Clemente—present Hooker—present Miller, A.—present Somerville—present

Cochran—present Hovey-Wright—present Moss—present Talabi—present

Cole—present Howrylak—present Muxlow—present Tedder—present

Cotter—excused Hughes—present Neeley—present Theis—present

Cox—present Iden—present Nesbitt—present Townsend—present

Crawford—present Inman—present Outman—present Vaupel—present

Darany—present Irwin—present Pagan—present VerHeulen—present

Dianda—present Jacobsen—present Pagel—present Victory—present

Driskell—present Jenkins—present Pettalia—present Webber—present

Durhal—present Johnson—present Phelps—present Wittenberg—present

Faris—present Kelly—present Plawecki—present Yanez—present

Farrington—present Kesto—present Poleski—present Yonker—present

Forlini—present Kivela—present Potvin—present Zemke—present

Franz—present Kosowski—present

e/d/s = entered during session

Pastor Jim Erwin, Pastor of Bethel Gilead Community Church in Bronson, offered the following invocation:

“I preface my prayer today with the words of an ancient Jewish King. Taken from 2 Chronicles 19:4-11;

Now Jehoshaphat lived in Jerusalem and he went out among the people from Beersheba in the south to the hill country of Ephraim in the north. He went out to turn them back to the Lord, the God of their ancestors. He appointed judges in the land telling them ‘Consider carefully what you do, because you are not judging for mere men but for God. Therefore, judged carefully. For with the Lord there is no injustice or partiality or bribery…you must serve faithfully and work wholeheartedly in the fear of the Lord. Warn the people not to sin against the Lord or his wrath will come back upon you…Now, act with courage, and may the Lord be with all those who do well.’

Almighty God, we give You thanks for this day and all good things that freely come to us from Your hand. I pray for this choice group of individuals, these who serve Your purposes for the people of this great state of Michigan. My prayer for them echoes the words of that ancient king of Israel that they may lead carefully and judge impartially as representatives of You, the God who is over all human government. May they too serve faithfully and work wholeheartedly and, by Your grace, always act with courage. And may You, Lord, be with all those who do well.

This we ask in the name of the Savior, the Lord Jesus Christ. Amen.”

______

Rep. Nesbitt moved that Rep. Cotter be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Bizon, Canfield, Vaupel, Kelly, Callton, Hughes, Lucido, VerHeulen, Garcia, Yonker, Cox, Lauwers, Chirkun, Cochran, Crawford, Driskell, Hoadley, Hovey-Wright, Howrylak, LaVoy, Plawecki, Potvin, Price, Sarah Roberts, Singh, Theis and Wittenberg offered the following resolution:

House Resolution No. 242.

A resolution to declare March 2016 as Chronic Kidney Disease Awareness Month in the state of Michigan.

Whereas, Twenty-six million American adults have chronic kidney disease and millions of others have an increased risk; and

Whereas, Early detection can help prevent the progression of kidney disease and kidney failure; and

Whereas, Heart disease is the major cause of death for all people with chronic kidney disease; and

Whereas, High risks groups include those with diabetes, hypertension, and family history of kidney failure; and

Whereas, African Americans, Pacific Islanders, American Indians, and seniors are at an increased risk; and

Whereas, A national month dedicated to educating all Americans on the importance of chronic kidney disease and early detection of the disease the better chance of slowing or stopping progression; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2016 as Chronic Kidney Disease Awareness Month in the state of Michigan.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 242.

A resolution to declare March 2016 as Chronic Kidney Disease Awareness Month in the state of Michigan.

Whereas, Twenty-six million American adults have chronic kidney disease and millions of others have an increased risk; and

Whereas, Early detection can help prevent the progression of kidney disease and kidney failure; and

Whereas, Heart disease is the major cause of death for all people with chronic kidney disease; and

Whereas, High risks groups include those with diabetes, hypertension, and family history of kidney failure; and

Whereas, African Americans, Hispanics, Pacific Islanders, American Indians, and seniors are at an increased risk; and

Resolved by the House of Representatives, That the members of this legislative body declare March 2016 as Chronic Kidney Disease Awareness Month in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Irwin, Chirkun, Driskell, Hoadley, Hovey-Wright, Howrylak, LaVoy, Plawecki, Sarah Roberts, Schor, Singh and Wittenberg offered the following resolution:

House Resolution No. 243.

A resolution to declare March 12, 2016, as Suddenly Sleepy Saturday and Narcolepsy Awareness Day in the state of Michigan.

Whereas, Narcolepsy is a chronic neurological disorder caused by the brain’s inability to regulate sleep-wake cycles; and

Whereas, Narcolepsy affects an estimated 1 in every 2,000 Americans; and

Whereas, Narcolepsy is an under-recognized and under-diagnosed condition; and

Whereas, The symptoms of narcolepsy, especially when undiagnosed, can lead to accidents, injuries, and problems with learning and working; and

Whereas, Narcolepsy affects people neurologically, socially, and emotionally; and

Whereas, Narcolepsy affects people of all ages, with onset typically between the ages of 15 and 30; and

Whereas, Narcolepsy Network is a national organization, based in North Kingstown, Rhode Island, created to promote awareness of the disease and support for those who suffer from narcolepsy; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 12, 2016, as Suddenly Sleepy Saturday and Narcolepsy Awareness Day in the state of Michigan.

The question being on the adoption of the resolution,

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

House Resolution No. 243.

A resolution to declare March 12, 2016, as Suddenly Sleepy Saturday and Narcolepsy Awareness Day in the state of Michigan.

Whereas, Narcolepsy is a chronic neurological disorder caused by the brain’s inability to regulate sleep-wake cycles; and

Whereas, Narcolepsy affects an estimated 1 in every 2,000 Americans; and

Whereas, Narcolepsy is an under-recognized and under-diagnosed condition; and

Whereas, The symptoms of narcolepsy, especially when undiagnosed, can lead to accidents, injuries, and problems with learning and working; and

Whereas, Narcolepsy affects people neurologically, socially, and emotionally; and

Whereas, Narcolepsy affects people of all ages, with onset typically between the ages of 10 and 30; and

Resolved by the House of Representatives, That the members of this legislative body declare March 12, 2016, as Suddenly Sleepy Saturday and Narcolepsy Awareness Day in the state of Michigan.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Garrett, Love, Chang, Talabi, Geiss, Brunner, Smiley, Hoadley, Plawecki, Cochran, Greig, Liberati, Byrd, Chirkun, Robinson, Hovey-Wright, Zemke, LaVoy, Banks, Dianda, Townsend, Santana, Clemente, Maturen, Neeley, Canfield, Franz, Tedder, Runestad, Lucido, LaFontaine, Driskell, Sarah Roberts, Singh and Wittenberg offered the following resolution:

House Resolution No. 244.

A resolution to urge the United States Congress to authorize more aggressive funding for research into the Zika virus.

Whereas, The rapid spread of the Zika virus is quickly becoming a global public health crisis. This virus, commonly spread by Aedes Aegypti and Aedes Albopictus mosquitoes, has been linked to birth defects and other potentially dangerous health outcomes; and

Whereas, Health officials have reported human cases of Zika in a growing number of states. These cases were all determined to be travel-related. Affected countries include South America, the Caribbean, Central and South America; and

Whereas, Much is still unknown about the Zika virus and potential health outcomes from exposure. Although the virus is commonly spread by mosquitos, it can also be spread through unprotected sex, blood transfusions or rarely from mother to child around the time of birth. There is no vaccine to treat Zika; and

Whereas, In a relatively short time, Zika has become a global epidemic that has the potential to spread rapidly in the United States. It is imperative for Congress to appropriate the funds necessary to support research and respond to this disease; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Congress to authorize more aggressive funding for research into the Zika virus; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Health Policy.

Reps. Hovey-Wright, Sarah Roberts, Darany, Liberati, Guerra, Yanez, Smiley, Plawecki, Talabi, Gay-Dagnogo, Zemke, Durhal, Love, LaVoy, Hoadley, Clemente, Chirkun, Cochran, Dianda, Faris, Driskell, Brinks, Schor, Greimel, Garcia, Pagel, Wittenberg, Price and Singh offered the following resolution:

House Resolution No. 245.

A resolution to declare March 2016 as Social Work Month in the state of Michigan.

Whereas, The primary mission of the social work profession is to enhance well-being and help meet the basic needs of all people, especially the most vulnerable in society; and

Whereas, Social work is one of the fastest growing careers in the United States with more than 640,000 members of the profession; and

Whereas, Social workers work in all areas of our society to improve happiness, health and prosperity, including in government, schools, universities, social service agencies, communities, the military and mental health and health care facilities; and

Whereas, Social workers daily embody this year’s Social Work Month theme, “Forging Solutions Out of Challenges,” by helping individuals, communities, and the larger society tackle and solve issues that confront them; and

Whereas, Social workers have helped this nation live up to its ideals by successfully pushing for equal rights for all; and

Whereas, Social workers have helped people in this nation overcome racial strife and economic and health care uncertainty by successfully advocating for initiatives such as Medicaid, unemployment insurance, workplace safety, Social Security benefits, the Civil Rights Act, and the Voting Rights Act; and

Whereas, Social workers are the largest group of mental health care providers in the United States and daily work to help people overcome depression, anxiety, substance abuse, and other disorders so they can lead more fulfilling lives; and

Whereas, The U.S. Department of Veterans Affairs employs more than 12,000 professional social workers and social workers whom help bolster our nation’s security by providing support to active duty military personnel, veterans, and their families; and

Whereas, Thousands of child, family, and school social workers across the country provide assistance to protect children and improve the social and psychological functioning of children and their families. Social workers help them find loving homes and create new families through adoption; and

Whereas, Social workers in schools work with families and schools to foster future generations by ensuring students reach their full academic and personal potential; and

Whereas, Social workers work with older adults and their families to improve their quality of life and ability to live independently as long as possible and get access to quality mental health and health care; and

Whereas, Social workers have helped the United States and other nations overcome earthquakes, floods, wars and other disasters by helping survivors get services such as food, shelter and health care and mental health care to address stress and anxiety; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2016 as Social Work Month in the state of Michigan. We recognize the numerous contributions made by America’s social workers and celebrate and support the social work profession.

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 230.

A resolution to declare March 5-12, 2016, as Agriculture Week in the state of Michigan.

(For text of resolution, see House Journal No. 19, p. 260.)

(The resolution was reported by the Committee on Agriculture on March 9, with substitute (H-1).)

(For substitute, see House Journal No. 24, p. 353.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

The substitute (H-1) was adopted, a majority of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

Senate Bill No. 366, entitled

A bill to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies.

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

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

Rep. Graves moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

Senate Bill No. 507, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.

The bill was read a second time.

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

The motion prevailed.

Pending the Second Reading of

House Bill No. 5138, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Health Policy.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Pending the Third Reading of

House Bill No. 5261, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15.

Rep. Nesbitt moved that the bill be re-referred to the Committee on Local Government.

The motion prevailed.

______

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

The motion prevailed.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Franz to the Chair.

By unanimous consent the House returned to the order of

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, March 9:

House Bill Nos. 5438 5439 5440 5441 5442 5443 5444 5445 5446

The Clerk announced that the following Senate bills had been received on Thursday, March 10:

Senate Bill Nos. 506 541 610 696 697 776

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 9, 2016

Present: Reps. Pscholka, Bumstead, Jenkins, Muxlow, Poleski, Potvin, Kelly, McCready, Pagel, VerHeulen, Victory, Afendoulis, Bizon, Canfield, Cox, Garcia, Inman, Aaron Miller, Santana, Irwin, Sarah Roberts, Banks, Faris, Singh, Yanez, Zemke, Durhal, Hoadley and Pagan

Messages from the Senate

House Bill No. 4747, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 506, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254.

The Senate has passed the bill.

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

Senate Bill No. 541, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11.

The Senate has passed the bill.

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

Senate Bill No. 610, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283.

The Senate has passed the bill.

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

Senate Bill No. 696, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411 (MCL 750.411), as amended by 2000 PA 339.

The Senate has passed the bill.

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

Senate Bill No. 697, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3011.

The Senate has passed the bill.

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

Senate Bill No. 776, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219.

The Senate has passed the bill.

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

Messages from the Governor

The following message from the Governor was received March 10, 2016 and read:

EXECUTIVE ORDER

No. 2016 - 5

CREATION OF THE

21ST CENTURY INFRASTRUCTURE COMMISSION

EXECUTIVE OFFICE OF THE GOVERNOR

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and

WHEREAS, under Section 1 of 1931 PA 195, being MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and

WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and

WHEREAS, sound and modern infrastructure is vital to the health and well-being of the people of Michigan, as well as Michigan’s economy and vibrant communities to continue and accelerate our economic comeback, we must preserve, maintain, and improve our infrastructure now and in the future; and

WHEREAS, citizens expect state and local government to provide safe and cost-effective access to transportation, water and sewer, wastewater treatment and drainage, energy, communications, and other services; and

WHEREAS, Michigan is building automobiles for the 21st century and therefore must have a 21st century transport systems to move people and goods yet over 1,200 Michigan bridges are structurally deficient and over 1,700 are functionally obsolete; and

WHEREAS, outdated water and sewer infrastructure represent potential significant health hazards and costs to citizens and government; and

WHEREAS, Michigan’s aging wastewater treatment systems represent a barrier to economic growth and water quality improvements; and

WHEREAS, an adaptable, reliable, affordable, and environmentally protective energy system is paramount to economic prosperity yet Michigan’s infrastructure is aging; and

WHEREAS, Michigan’s growing technology sector is heavily reliant on communications and our cyber networks are integral to Michigan’s infrastructure, economic growth, and quality of life; and

WHEREAS, it is important that the state of Michigan develop a comprehensive, coordinated, and effective infrastructure system long-term vision that guides strategic infrastructure planning, investment, and prioritization in Michigan; and

WHEREAS, this plan must be strategic, effective, and affordable at the local and state level in order to provide the infrastructure our state needs today and into the future; and

WHEREAS, an ongoing and full assessment of Michigan’s infrastructure challenges, opportunities, and costs is needed; and

WHEREAS, Michigan should look to experts and leaders from across the state who are committed to Michigan’s future to identify current conditions and future infrastructure needs, develop a comprehensive strategy for identifying and prioritizing investments in transportation, water and sewer, wastewater infrastructure, energy, telecommunications and other areas, and the funding of these investments; and

WHEREAS, the establishment of a 21st Century Infrastructure Commission will advise and assist in matters relating to the assessment and development of a 21st Century infrastructure strategy and will be responsible for providing a full set of recommendations by September 30, 2016;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. CREATION OF THE 21st CENTURY INFRASTRUCTURE COMMISSION

A. The 21st Century Infrastructure Commission (the “Commission”) is created as a temporary commission pursuant to Article V, Section 4 of the Constitution of the State of Michigan of 1963 and shall serve an advisory body within the Executive Office of the Governor.

B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch and shall be composed of twenty-seven (27) members appointed as follows.

1. The Governor shall appoint fifteen (15) voting members to the Commission, serving at the pleasure of the Governor.

2. The following four (4) voting members:

• One (1) member appointed by the Speaker of the House;

• One (1) member appointed by the House Minority Leader;

• One (1) member appointed by the Senate Majority Leader; and

• One (1) member appointed by the Senate Minority Leader.

3. The directors or chair of the following eight (8) departments and agencies or their designees from within their respective departments or agencies who shall be non-voting, ex officio members:

• Department of Transportation;

• Department of Environmental Quality;

• Department of Agriculture and Rural Development;

• Department of Technology, Management and Budget;

• Michigan Economic Development Corporation;

• Department of Natural Resources;

• Michigan Agency for Energy; and

• Michigan Public Service Commission.

C. A vacancy on the Commission shall be filled in the same manner as the original appointment.

D. The Commission shall include individuals representing the business, government, nonprofit, and philanthropic communities who have a particular interest or expertise in infrastructure. Specifically, Commission members will need to possess expertise in infrastructure design and planning, underground infrastructure, municipal planning, public utilities, water and sewer infrastructure, wastewater treatment and drainage, and/or communications and technology.

II. CHARGE TO THE COMMISSION

The Commission shall act in an advisory capacity to the Governor and the state of Michigan, determine the scope of a comprehensive infrastructure vision for Michigan, and shall do all of the following:

1. Bring together the following infrastructure components for all-inclusive strategic asset management, including short-term capital planning needs, long-term strategy, sharing of templates and best practices and recommended funding mechanisms in the areas of transportation (including mobility), water and sewer, wastewater treatment and drainage, energy, communications and any other necessary components identified by the Commission.

2. Complete an assessment of current infrastructure needs throughout the state, both at the state and local level.

3. Research and benchmark other states and nations to identify and recommend best practices.

4. Develop methods to incentivize and encourage joint evaluation and planning of infrastructure needs, state and local cooperation and collaboration, including asset management coordination and methods to encourage and incentivize longer term planning for more strategic management.

5. Promote partnerships between governments, businesses, nonprofit organizations, and philanthropies towards the creation of a 21st Century Infrastructure Strategy.

6. Give consideration to whole of life costs of infrastructure and the medium and long term economic value of the infrastructure to the state.

7. Develop methods for incorporating land-use, quality of life, and economic development activities with statewide infrastructure planning.

8. Develop methods for incorporating 21st century communications and technology with statewide infrastructure planning.

9. Create an assessment of needed financing options for implementation of infrastructure recommendations, utilizing state and local opportunities along with public-private partnerships.

10. Explore the use of infrastructure evaluation information technology including data analysis that would help in various aspects of planning, evaluation, asset management, investment, operation, and/or potential prediction of failures of various infrastructure.

11. Prioritize needs for the next 30-50 years.

12. Develop confidence in Michigan’s residents, businesses, and future industries of our sound infrastructure system.

13. Provide other information or advice as directed by the Governor.

14. No later than November 30, 2016, shall complete its work and issue a final report to the Governor for his consideration. A copy of the final report shall be transmitted to the Legislature.

15. Ninety days (90) after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Executive Order and shall cease operations.

III. OPERATIONS OF THE COMMISSION

A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office.

B. The Governor shall designate the Chairperson or Chairpersons of the Commission who shall serve as Chair at the pleasure of the Governor.

C. The Commission may select from among its members a Vice Chairperson.

D. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan.

E. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary.

F. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees.

G. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the commission’s business notwithstanding the existence of one (1) or more vacancies. The Commission shall act by majority vote of its present and voting members.

H. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations.

I. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector.

J. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget.

K. Subject to the Governor’s approval, the Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance or its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures or the Civil Service Commission and the Department of Technology, Management and Budget.

L. The Commission may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.

M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contacts relating to Commission actions or activities to the Office of the Governor.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order.

C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 10th day of March, in the Year of our Lord Two Thousand Sixteen.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

March 4, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-067-LR (Secretary of State Filing #16-03-01) on this date at 4:48 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Michigan Administrative Hearing System Uniform Hearing Rules”.

These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

March 4, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-055-LR (Secretary of State Filing #16-03-02) on this date at 4:48 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 523. Abrasive Blasting”.

March 4, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-056-LR (Secretary of State Filing #16-03-03) on this date at 4:48 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 85. The Control of Hazardous Energy Sources”.

March 8, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-057-LR (Secretary of State Filing #16-03-04) on this date at 3:46 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 7. Guards for Power Transmission”.

March 8, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-063-LR (Secretary of State Filing #16-03-05) on this date at 3:46 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 526. Dipping and Coating Operations”.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Rep. Pettalia introduced

House Bill No. 5447, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2015 PA 78.

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

Reps. Hoadley, Iden, Maturen, Plawecki, Rutledge, Schor, Brinks, Lane, Faris, Townsend, Geiss, Love, Hovey-Wright, Dianda, LaVoy, Irwin, Pagan, Moss, Gay-Dagnogo, Byrd, Brunner, Smiley, Neeley, Chang, Garrett, Phelps, Greimel, Singh, Guerra, Kivela, Santana, Vaupel, Chirkun, Wittenberg, Greig, Driskell, Sarah Roberts and Zemke introduced

House Bill No. 5448, entitled

A bill to prescribe the urgent and immediate threat to public safety notification system as the official response to situations creating urgent and immediate threats to public safety in this state; to provide for the powers and duties of state and local governmental officers and authorities; to prohibit certain conduct; to create the urgent and immediate threat to public safety notification system fund; to provide for the distribution of the money from the urgent and immediate threat to public safety notification system fund; and to prescribe penalties.

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

Reps. Hoadley, Iden, Maturen, Plawecki, Rutledge, Schor, Brinks, Faris, Lane, Townsend, Geiss, Love, Hovey-Wright, Dianda, LaVoy, Irwin, Pagan, Moss, Gay-Dagnogo, Byrd, Brunner, Smiley, Neeley, Chang, Garrett, Phelps, Greimel, Singh, Guerra, Kivela, Santana, Vaupel, Chirkun, Wittenberg, Greig, Driskell, Sarah Roberts and Zemke introduced

House Bill No. 5449, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201.

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

Reps. Tedder, Somerville, Glenn, Webber, Chatfield, Cole, Hooker, Howrylak, Callton, McCready, Yonker, Lyons, Canfield, Inman, Greig, Cochran, Dianda, Clemente, Robinson, Santana, Kesto, Graves, Crawford, Chang and Hoadley introduced

House Bill No. 5450, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2015 PA 85.

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

Reps. Howrylak, Lauwers, Lucido, Kelly, Hooker, Tedder, Glenn, Goike, Aaron Miller, Iden, Yonker, Johnson, Runestad, Chatfield, Barrett, Somerville, Potvin, Victory and Muxlow introduced

House Bill No. 5451, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57i (MCL 400.57i), as amended by 2011 PA 131, and by adding sections 14k and 57w.

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

Rep. Johnson introduced

House Bill No. 5452, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 13 (MCL 421.13), as amended by 2012 PA 493.

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

______

Rep. Singh moved that the House adjourn.

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

Associate Speaker Pro Tempore Franz declared the House adjourned until Tuesday, March 15, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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