No. 54

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Wednesday, June 7, 2017.

1:30 p.m.

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 Frederick—present Kelly—present Reilly—present

Albert—present Garcia—present Kesto—present Rendon—present

Alexander—present Garrett—present Kosowski—present Roberts—present

Allor—present Gay-Dagnogo—present LaFave—present Robinson—present

Barrett—present Geiss—present LaGrand—present Runestad—present

Bellino—present Glenn—present LaSata—present Sabo—present

Bizon—present Graves—present Lasinski—present Santana—present

Brann—present Green—present Lauwers—present Schor—present

Brinks—present Greig—present Leonard—present Scott—present

Byrd—present Greimel—present Leutheuser—present Sheppard—present

Calley—present Griffin—present Liberati—present Singh—present

Camilleri—present Guerra—present Lilly—present Sneller—present

Canfield—present Hammoud—present Love—present Sowerby—present

Chang—present Hauck—present Lower—present Tedder—present

Chatfield—present Hernandez—present Lucido—present Theis—present

Chirkun—present Hertel—present Marino—present VanderWall—present

Clemente—present Hoadley—present Maturen—present VanSingel—present

Cochran—present Hoitenga—present McCready—present Vaupel—present

Cole—present Hornberger—present Miller—present VerHeulen—present

Cox—present Howell—present Moss—present Victory—present

Crawford—present Howrylak—present Neeley—present Webber—present

Dianda—present Hughes—present Noble—present Wentworth—present

Durhal—present Iden—present Pagan—present Whiteford—present

Elder—present Inman—present Pagel—present Wittenberg—present

Ellison—present Johnson—present Peterson—present Yanez—present

Faris—present Jones—present Phelps—present Yaroch—present

Farrington—present Kahle—present Rabhi—present Zemke—present

e/d/s = entered during session

Most Rev. Steven J. Raica, Bishop of Roman Catholic Diocese of Gaylord in Gaylord, offered the following invocation:

“O God, Father of all, we come to You today full of gratitude for the splendor of a new day. Michigan’s pleasant peninsulas radiate Your providential care and affection for us. The natural beauty of our state from north to south and from east to west reflects the glory and amazement of Your handiwork. Mindful of Your goodness to us in land and sea, help us to care for our common home through the protection of our abundant natural resources. In that way, may we cherish today and hand on to future generations the astonishing land we call home.

In particular, we pray today for the women and men who comprise the House of Representatives and their dedicated support staff. May they be imbued with knowledge, understanding and wisdom to represent well the needs of those they represent here in this House. Through cordial dialogue and mutual respect, may the deliberations of this House on the many pressing issues of our day find reasonable solutions that reflect the inestimable dignity and worth of all, safeguard the vulnerable among us, and through positive outcomes, ensure the welfare of the citizens of Michigan. In that way, through our generous cooperation with Your providence, may the aspirations and dreams of our fellow citizens be achieved.

Finally, we pray for Your blessing upon each of us and the people of Michigan. May all we accomplish here reflect Your greater honor and glory.

Imploring Your Holy Spirit to renew the face of the earth, we ask this through Christ, the Lord.

Amen.”

Motions and Resolutions

Reps. Singh, Camilleri, Chang, Wittenberg, Rabhi, Schor, Moss, Greig, Hoadley, Love, Sowerby, Pagan, LaGrand, Inman, Gay-Dagnogo, Yanez, Geiss, Sabo, Brinks, Lasinski, Kosowski, Zemke, Elder, Ellison, Faris, Green and Sneller offered the following concurrent resolution:

House Concurrent Resolution No. 9.

A concurrent resolution to urge the Governor to add Michigan to the growing number of states pledging to fulfill the goals of the Paris Climate Accord.

Whereas, The Paris Climate Accord is an agreement that seeks to reduce greenhouse gas emissions worldwide by requiring its signatories to set their own emissions goals and monitor their efforts to meet those goals. The agreement states that countries should aim to reach their peak emissions as soon as possible and reach net zero emissions during the second half of the century. The agreement also contains non-binding provisions to encourage wealthier countries to provide financial assistance to poorer countries for the purposes of adopting new technologies and to adapt to the impact of climate change. The agreement was accepted at the 21st Conference of the Parties of the United Nations Framework Convention on Climate Change in December 2015 and the United States formally signed in April 2016; and

Whereas, The goal of the Paris Climate Accord is to prevent the Earth from warming by more than 2 degrees Celsius above pre-industrial levels and, if possible, to stop warming at 1.5 degrees Celsius. The Earth has already warmed about 1 degree Celsius above pre-industrial levels and experts believe that the Earth was on track to warm by more than 3 degrees Celsius above pre-industrial levels by the end of the century if the policies in place prior to the adoption of the Paris Climate Accord were to continue indefinitely. The targets contained in the Paris Climate Accord are based on evidence from scientific community that warming above 2 degrees Celsius will cause irreparable damage to the planet; and

Whereas, In Michigan, climate change is expected to lead to more extreme weather including a higher risk of flooding, periods of intense drought, and higher temperatures. These effects will lead to more algae and lower water levels in the Great Lakes, changing ecosystems, disruptions in the agricultural industry, shorter seasons for winter recreation, and an increased risk of health problems such as heatstroke and dehydration. Serious effects in other parts of the country and around the world could also impact Michigan, as climate change is expected to dramatically impact the economy, national security, and public health; and

Whereas, Important work is already being done to fight climate change in Michigan. Michigan raised its renewable portfolio standard in 2016 and has a very successful energy waste reduction program. In addition, businesses have taken steps to reduce their carbon footprints and cities and local communities have also adopted policies designed to combat climate change; and

Whereas, President Trump announced his intention to withdraw the United States from the agreement on June 1, 2017. While the President has the authority to initiate the withdrawal process on behalf of the United States, he cannot prevent cities and states from pursuing policies that will reduce their greenhouse gas emissions consistent with the goals of the Paris Climate Accord. California, New York, Washington, Connecticut, Rhode Island, Massachusetts, Vermont, Virginia, Oregon, and Hawaii have already pledged to fulfill the goals of the agreement; and

Whereas, Michigan drove the nation’s industrial economy during the twentieth century and has a responsibility to be a leading force in efforts to limit the impact of climate change in the twenty-first century. Michigan is a large state with significant potential for greenhouse gas emissions reductions and committing to the provisions of the Paris Climate Accord would go a long way toward the nation meeting its goals, in addition to providing Michigan with meaningful opportunities to attract new industries, employers, and residents to the state; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Governor to add Michigan to the growing number of states pledging to fulfill the goals of the Paris Climate Accord; and be it further

Resolved, That copies of this resolution be transmitted to the Governor.

The concurrent resolution was referred to the Committee on Natural Resources.

Third Reading of Bills

House Bill No. 4335, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2016 PA 144.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 179 Yeas—108

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Schor

Brinks Greig Leonard Scott

Byrd Greimel Leutheuser Sheppard

Calley Griffin Liberati Singh

Camilleri Guerra Lilly Sneller

Canfield Hammoud Love Sowerby

Chang Hauck Lower Tedder

Chatfield Hernandez Lucido Theis

Chirkun Hertel Marino VanderWall

Clemente Hoadley Maturen VanSingel

Cochran Hoitenga McCready Vaupel

Cole Hornberger Miller VerHeulen

Cox Howell Moss Victory

Crawford Howrylak Neeley Webber

Dianda Hughes Noble Wentworth

Durhal Iden Pagan Whiteford

Elder Inman Pagel Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi Zemke

Nays—0

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

House Bill No. 4336, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 120 (MCL 211.120), as amended by 2003 PA 140.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 180 Yeas—108

Afendoulis Frederick Kelly Reilly

Albert Garcia Kesto Rendon

Alexander Garrett Kosowski Roberts

Allor Gay-Dagnogo LaFave Robinson

Barrett Geiss LaGrand Runestad

Bellino Glenn LaSata Sabo

Bizon Graves Lasinski Santana

Brann Green Lauwers Schor

Brinks Greig Leonard Scott

Byrd Greimel Leutheuser Sheppard

Calley Griffin Liberati Singh

Camilleri Guerra Lilly Sneller

Canfield Hammoud Love Sowerby

Chang Hauck Lower Tedder

Chatfield Hernandez Lucido Theis

Chirkun Hertel Marino VanderWall

Clemente Hoadley Maturen VanSingel

Cochran Hoitenga McCready Vaupel

Cole Hornberger Miller VerHeulen

Cox Howell Moss Victory

Crawford Howrylak Neeley Webber

Dianda Hughes Noble Wentworth

Durhal Iden Pagan Whiteford

Elder Inman Pagel Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Phelps Yaroch

Farrington Kahle Rabhi Zemke

Nays—0

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

House Bill No. 4306, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 312c and 801 (MCL 257.312c and 257.801), section 312c as amended by 2003 PA 103 and section 801 as amended by 2016 PA 148.

The bill was read a third time.

The question being on the passage of the bill,

Rep. VanderWall moved to amend the bill as follows:

1. Amend page 2, line 21, after “SAFETY” by inserting “AND EDUCATION”.

2. Amend page 2, line 23, after “SAFETY” by inserting “AND EDUCATION”.

3. Amend page 3, line 6, after “THAT” by striking out the balance of the subsection and inserting “PROMOTES MOTORCYCLE AWARENESS, SAFETY, AND EDUCATION.”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 181 Yeas—94

Afendoulis Frederick Kosowski Rendon

Albert Garcia LaGrand Roberts

Alexander Garrett LaSata Robinson

Bellino Gay-Dagnogo Lasinski Sabo

Bizon Geiss Lauwers Santana

Brann Graves Leonard Schor

Brinks Green Leutheuser Scott

Byrd Greig Liberati Sheppard

Calley Griffin Lilly Singh

Camilleri Guerra Love Sneller

Canfield Hammoud Lower Sowerby

Chang Hauck Lucido Tedder

Chirkun Hertel Marino Theis

Clemente Hoadley Maturen VanderWall

Cochran Hornberger Miller VanSingel

Cole Howell Moss Vaupel

Cox Howrylak Neeley VerHeulen

Crawford Hughes Noble Victory

Dianda Iden Pagan Webber

Durhal Inman Pagel Wittenberg

Elder Jones Peterson Yanez

Ellison Kahle Phelps Yaroch

Faris Kelly Rabhi Zemke

Farrington Kesto

Nays—14

Allor Greimel LaFave Runestad

Barrett Hernandez McCready Wentworth

Chatfield Hoitenga Reilly Whiteford

Glenn Johnson

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

House Bill No. 4474, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” (MCL 32.501 to 32.851) by adding section 338.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 182 Yeas—103

Afendoulis Farrington Kahle Phelps

Albert Frederick Kelly Reilly

Alexander Garcia Kesto Rendon

Allor Gay-Dagnogo Kosowski Roberts

Barrett Geiss LaFave Runestad

Bellino Glenn LaGrand Sabo

Bizon Graves LaSata Schor

Brann Green Lasinski Scott

Brinks Greig Lauwers Sheppard

Byrd Greimel Leonard Singh

Calley Griffin Leutheuser Sneller

Camilleri Guerra Liberati Sowerby

Canfield Hammoud Lilly Tedder

Chang Hauck Love Theis

Chatfield Hernandez Lower VanderWall

Chirkun Hertel Lucido VanSingel

Clemente Hoadley Marino Vaupel

Cochran Hoitenga Maturen VerHeulen

Cole Hornberger McCready Victory

Cox Howell Miller Webber

Crawford Howrylak Moss Wentworth

Dianda Hughes Neeley Whiteford

Durhal Iden Noble Yanez

Elder Inman Pagan Yaroch

Ellison Johnson Pagel Zemke

Faris Jones Peterson

Nays—5

Garrett Robinson Santana Wittenberg

Rabhi

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

______

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

House Bill No. 4416, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 227, 227b, 230, and 237a (MCL 750.227, 750.227b, 750.230, and 750.237a), section 227 as amended by 1986 PA 8 and sections 227b and 237a as amended by 2015 PA 26; and to repeal acts and parts of acts.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 183 Yeas—59

Albert Frederick Kelly Rendon

Alexander Garcia Kesto Roberts

Allor Glenn LaFave Runestad

Barrett Graves LaSata Sheppard

Bellino Griffin Lauwers Tedder

Bizon Hauck Leonard Theis

Brann Hernandez Leutheuser VanderWall

Calley Hoitenga Lilly VanSingel

Canfield Hornberger Lower Vaupel

Chatfield Howell Lucido Victory

Chirkun Hughes Marino Webber

Cole Iden Miller Wentworth

Cox Inman Noble Whiteford

Dianda Johnson Phelps Yaroch

Farrington Kahle Reilly

Nays—49

Afendoulis Gay-Dagnogo LaGrand Robinson

Brinks Geiss Lasinski Sabo

Byrd Green Liberati Santana

Camilleri Greig Love Schor

Chang Greimel Maturen Scott

Clemente Guerra McCready Singh

Cochran Hammoud Moss Sneller

Crawford Hertel Neeley Sowerby

Durhal Hoadley Pagan VerHeulen

Elder Howrylak Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kosowski Rabhi Zemke

Garrett

In The Chair: Tedder

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

______

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

“Mr. Speaker and members of the House:

No vote explanation for house bills 4416 to 4419

Since elected, I have consistently and steadfastly held the position that our state laws relating to the use and possession of a firearm in the State of Michigan strike the right balance in the eyes of the great majority of our citizens. I do not favor changes to gun laws presently in our State statutes.

This legislation will remove the current requirement that residents who seek a concealed pistol license receive training in the basic handling and operation of a firearm in addition to legal content on when that firearm can be legally employed for self-defense. While I support the right of Michiganders to own and use firearms as enumerated under the Michigan Constitution and the second amendment of the United States Constitution, training requirements have long been upheld by the courts as a constitutional and reasonable requirement that serves the public interest of safety.

In addition, law enforcement organizations from throughout the state are opposed to this legislation. In my opinion this bill potentially exposes our public safety officials to greater harm and makes their job protecting the public more difficult.

Accordingly, I vote no.”

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

“Mr. Speaker and members of the House:

While it is not necessary for the government to require people carrying concealed pistols to have a permit, it is reasonable to require that said individuals be required to be trained and to carry proof of that training with them when concealed carrying. I supported such an amendment when this bill was on Second Reading. It did not pass, and I therefore could not support this bill in the form that was presented to me on passage.”

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

“Mr. Speaker and members of the House:

Today I register my no vote on House Bills 4416-19, that allow Michigan residents to carry a firearm concealed without first receiving a concealed pistol license (CPL) from the State of Michigan. This legislation will remove the current requirement that residents receive training in the basic handling and operation of a firearm in addition to legal content on when that firearm can be legally employed for self-defense. While I support the right of Michiganders to own and use firearms as enumerated under the Michigan Constitution and the second amendment of the US Constitution, training requirements have long been upheld by the courts as a constitutional and reasonable requirement that serves the public interest of safety. In addition, with reductions in funding to mental health services, as well as a growing population of individuals who are in need of mental health services, training can be the needed difference to prevent a tragedy. Lastly, many law enforcement agencies across our state, including the Michigan State Police and Michigan Sheriff’s Association, have publically opposed the passage of HB 4416-19 and I fully support our law enforcement. It is for these reasons that I am not ready to abandon the practice of requiring training to carry a concealed firearm.”

______

The Speaker Pro Tempore resumed the Chair.

House Bill No. 4417, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 12 and 15 (MCL 28.432 and 28.435), section 12 as amended by 2010 PA 209 and section 15 as added by 2000 PA 265.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Lilly moved to amend the bill as follows:

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

“Sec. 5e. (1) The department of state police shall create and maintain a computerized database of individuals who apply under this act for a license to carry a concealed pistol. The database shall contain only the following information as to each individual:

(a) The individual’s name, date of birth, address, county of residence, and state-issued driver license or personal identification card number.

(b) If the individual is licensed to carry a concealed pistol in this state, the license number and date of expiration.

(c) Except as provided in subsection (2), if the individual was denied a license to carry a concealed pistol after July 1, 2001 or issued a notice of statutory disqualification, a statement of the reasons for that denial or notice of statutory disqualification.

(d) A statement of all criminal charges pending and criminal convictions obtained against the individual during the license period.

(e) A statement of all determinations of responsibility for civil infractions of this act pending or obtained against the individual during the license period.

(f) The status of the individual’s application or license.

(2) If an individual who was denied a license to carry a concealed pistol after July 1, 2001 or issued a notice of statutory disqualification is subsequently issued a license to carry a concealed pistol, the department of state police shall delete from the computerized database the previous reasons for the denial or notice of statutory disqualification.

(3) The department of state police shall enter the information described in subsection (1)(a), (b), and (f) into the law enforcement information network.

(4) Information in the database shall only be accessed and disclosed according to an access protocol that includes the following requirements:

(a) That the requestor of the firearms records uses the law enforcement information network or another system that maintains a record of the requestor’s identity, time, and date that the request was made.

(b) Requires the requestor in an intentional query by name of the firearms records to attest that the firearms records were sought under 1 of the lawful purposes provided in section 1b(2).

(5) The department of state police shall by January 1 of each year file with the secretary of the senate and the clerk of the house of representatives, and post on the department of state police’s internet website, an annual report setting forth all of the following information for the state for the previous fiscal year:

(a) The number of concealed pistol applications received.

(b) The number of concealed pistol licenses issued.

(d) Categories for statutory disqualification under subdivision (c).

(e) The number of concealed pistol licenses suspended or revoked.

(f) Categories for suspension or revocation under subdivision (e).

(g) The number of applications pending at the time the report is made.

(h) The mean and median amount of time and the longest and shortest amount of time used by the Federal Bureau of Investigation to supply the fingerprint comparison report required in section 5b(10). The department may use a statistically significant sample to comply with this subdivision.

(i) The total number of individuals licensed to carry a concealed pistol found responsible for a civil violation of this act, the total number of civil violations of this act categorized by offense, the total number of individuals licensed to carry a concealed pistol convicted of a crime, and the total number of those criminal convictions categorized by offense.

(j) The number of suicides by individuals licensed to carry a concealed pistol.

(k) The total amount of revenue the department of state police has received under this act.

(l) Actual costs incurred per initial and renewal license by the department of state police under this act, itemized by each statutory section of this act.

(m) A list of expenditures made by the department of state police from money received under this act, regardless of purpose.

(n) Actual costs incurred per permit for each county clerk.

(o) The number of times the database was accessed, categorized by the purpose for which the database was accessed.

(6) THE DEPARTMENT OF STATE POLICE SHALL ANNUALLY PUBLISH A FIREARMS MANUAL ON THE USE AND POSSESSION OF FIREARMS. THE MANUAL MUST INCLUDE A SUMMARY OF APPLICABLE FIREARMS LAWS, INCLUDING, BUT NOT LIMITED TO, THE USE OF REASONABLE FORCE IN SELF-DEFENSE.”.

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 184 Yeas—60

Albert Frederick Kahle Reilly

Alexander Garcia Kelly Rendon

Allor Glenn Kesto Roberts

Barrett Graves LaFave Runestad

Bellino Griffin LaSata Sheppard

Bizon Hauck Lauwers Tedder

Brann Hernandez Leonard Theis

Calley Hoitenga Leutheuser VanderWall

Canfield Hornberger Lilly VanSingel

Chatfield Howell Lower Vaupel

Chirkun Howrylak Lucido Victory

Cole Hughes Marino Webber

Cox Iden Miller Wentworth

Dianda Inman Noble Whiteford

Farrington Johnson Phelps Yaroch

Nays—48

Afendoulis Garrett LaGrand Robinson

Brinks Gay-Dagnogo Lasinski Sabo

Byrd Geiss Liberati Santana

Camilleri Green Love Schor

Chang Greig Maturen Scott

Clemente Greimel McCready Singh

Cochran Guerra Moss Sneller

Crawford Hammoud Neeley Sowerby

Durhal Hertel Pagan VerHeulen

Elder Hoadley Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kosowski Rabhi Zemke

In The Chair: Chatfield

The question being on agreeing to the title of the bill,

Rep. Lauwers moved to amend the title to read as follows:

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5e, 5f, 5g, 12, and 15 (MCL 28.425e, 28.425f, 28.425g, 28.432, and 28.435), sections 5e and 5f as amended by 2015 PA 3, section 5g as amended by 2012 PA 123, section 12 as amended by 2010 PA 209, and section 15 as added by 2000 PA 265.

The motion prevailed.

The House agreed to the title as amended.

Rep. Lauwers moved that the bill be given immediate effect.

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

______

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

“Mr. Speaker and members of the House:

No vote explanation for house bills 4416 to 4419

Accordingly, I vote no.”

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

“Mr. Speaker and members of the House:

House Bill No. 4418, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43510 (MCL 324.43510), as amended by 2013 PA 108.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 185 Yeas—59

Albert Frederick Kelly Rendon

Alexander Garcia Kesto Roberts

Allor Glenn LaFave Runestad

Barrett Graves LaSata Sheppard

Bellino Griffin Lauwers Tedder

Bizon Hauck Leonard Theis

Brann Hernandez Leutheuser VanderWall

Calley Hoitenga Lilly VanSingel

Canfield Hornberger Lower Vaupel

Chatfield Howell Lucido Victory

Chirkun Hughes Marino Webber

Cole Iden Miller Wentworth

Cox Inman Noble Whiteford

Dianda Johnson Phelps Yaroch

Farrington Kahle Reilly

Nays—49

Afendoulis Gay-Dagnogo LaGrand Robinson

Brinks Geiss Lasinski Sabo

Byrd Green Liberati Santana

Camilleri Greig Love Schor

Chang Greimel Maturen Scott

Clemente Guerra McCready Singh

Cochran Hammoud Moss Sneller

Crawford Hertel Neeley Sowerby

Durhal Hoadley Pagan VerHeulen

Elder Howrylak Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kosowski Rabhi Zemke

Garrett

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

______

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

“Mr. Speaker and members of the House:

No vote explanation for house bills 4416 to 4419

Accordingly, I vote no.”

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

“Mr. Speaker and members of the House:

House Bill No. 4419, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II and section 16m of chapter XVII (MCL 762.12 and 777.16m), section 12 of chapter II as amended by 2015 PA 32 and section 16m of chapter XVII as amended by 2014 PA 192.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 186 Yeas—61

Albert Frederick Kahle Reilly

Alexander Garcia Kelly Rendon

Allor Glenn Kesto Roberts

Barrett Graves LaFave Runestad

Bellino Griffin LaSata Sheppard

Bizon Hauck Lauwers Tedder

Brann Hernandez Leonard Theis

Calley Hoitenga Leutheuser VanderWall

Canfield Hornberger Lilly VanSingel

Chatfield Howell Lower Vaupel

Chirkun Howrylak Lucido Victory

Cole Hughes Marino Webber

Cox Iden Miller Wentworth

Crawford Inman Noble Whiteford

Dianda Johnson Phelps Yaroch

Farrington

Nays—47

Afendoulis Gay-Dagnogo Lasinski Sabo

Brinks Geiss Liberati Santana

Byrd Green Love Schor

Camilleri Greig Maturen Scott

Chang Greimel McCready Singh

Clemente Guerra Moss Sneller

Cochran Hammoud Neeley Sowerby

Durhal Hertel Pagan VerHeulen

Elder Hoadley Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kosowski Rabhi Zemke

Garrett LaGrand Robinson

In The Chair: Chatfield

The House agreed to the title of the bill.

Rep. Lauwers moved that the bill be given immediate effect.

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

______

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

“Mr. Speaker and members of the House:

No vote explanation for house bills 4416 to 4419

Accordingly, I vote no.”

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

“Mr. Speaker and members of the House:

______

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

Second Reading of Bills

House Bill No. 4285, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 47 and 89a (MCL 211.47 and 211.89a), section 47 as amended by 1994 PA 253 and section 89a as amended by 2008 PA 512.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

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

Rep. Ellison moved to substitute (H-2) the bill.

The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4403, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2016 PA 551.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

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

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

The motion prevailed.

House Bill No. 4404, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20106, 20109, 20115, 20142, and 20161 (MCL 333.20106, 333.20109, 333.20115, 333.20142, and 333.20161), section 20106 as amended by 2015 PA 104, section 20109 as amended by 2015 PA 156, section 20115 as amended by 2012 PA 499, and section 20161 as amended by 2016 PA 189, and by adding part 218.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 4405, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17751a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

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

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

The motion prevailed.

House Bill No. 4406, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7113a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4407, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1503.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

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

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

The motion prevailed.

House Bill No. 4408, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), as amended by 2016 PA 379, and by adding section 7303b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

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

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

The motion prevailed.

House Bill No. 4636, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 136.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4637, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 136a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4638, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4639, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), as amended by 2016 PA 379.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4641, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 5851a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Law and Justice,

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

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

The motion prevailed.

House Bill No. 4642, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 9159.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4661, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2978.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Law and Justice,

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

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

The motion prevailed.

House Bill No. 4690, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 337, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 136.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 338, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 368, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 136a.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 369, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195.

The bill was read a second time.

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

The motion prevailed.

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

The motion prevailed.

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 Tuesday, June 6:

House Bill Nos. 4692 4693 4694 4695 4696 4697 4698 4699 4700 4701 4702 4703 4704 4705

The Clerk announced that the following bills had been reproduced and made available electronically on Wednesday, June 7:

Senate Bill Nos. 434 435 436 437 438 439 440 441

The Clerk announced that the following Senate bills had been received on Wednesday, June 7:

Senate Bill Nos. 343 344 381

Reports of Select Committees

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 4229, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2016 PA 249.

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236a, 236b, 236c, 237b, 241, 244, 245, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1844, 388.1845, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 236, 236a, 236b, 236c, 237b, 241, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended by 2016 PA 249, section 244 as amended by 2015 PA 85, and section 245 as amended by 2014 PA 196, and by adding sections 236e, 249, 250, and 274d; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 236. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for higher education for the fiscal year ending September 30, ~~2017,~~ 2018, from the funds indicated in this section. The following is a summary of the appropriations in this section:

(a) The gross appropriation is ~~$1,582,640,400.00.~~ $1,626,524,400.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is ~~$1,582,640,400.00.~~$1,626,524,400.00.

(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:

(i) Total federal revenues, ~~$101,526,400.00.~~$111,526,400.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, ~~$237,209,500.00.~~$235,743,500.00.

(v) State general fund/general purpose money, ~~$1,243,904,500.00.~~$1,279,254,500.00.

(2) Amounts appropriated for public universities are as follows:

(a) The appropriation for Central Michigan University is ~~$83,925,500.00, $81,127,100.00 for operations and $2,798,400.00~~ ~~for performance funding.~~$85,654,400.00, $83,925,500.00 FOR OPERATIONS AND $1,728,900.00 FOR PERFORMANCE FUNDING.

(b) The appropriation for Eastern Michigan University is ~~$73,593,800.00, $71,782,500.00 for operations and $1,811,300.00~~ ~~for performance funding.~~$75,169,900.00, $73,593,800.00 FOR OPERATIONS AND $1,576,100.00 FOR PERFORMANCE FUNDING.

(c) The appropriation for Ferris State University is ~~$52,259,900.00, $50,369,800.00 for operations and $1,890,100.00 for~~ ~~performance funding.~~$53,595,500.00, $52,259,900.00 FOR OPERATIONS AND $1,335,600.00 FOR PERFORMANCE FUNDING.

(d) The appropriation for Grand Valley State University is ~~$68,227,900.00, $65,275,700.00 for operations and $2,952,200.00~~ ~~for performance funding.~~$70,100,100.00, $68,227,900.00 FOR OPERATIONS AND $1,872,200.00 FOR PERFORMANCE FUNDING.

(e) The appropriation for Lake Superior State University is ~~$13,567,400.00, $13,207,400.00 for operations and $360,000.00~~ ~~for performance funding.~~13,775,000.00, $13,567,400.00 FOR OPERATIONS AND $207,600.00 FOR PERFORMANCE FUNDING.

(f) The appropriation for Michigan State University is ~~$337,777,800.00, $268,770,700.00 for operations, $7,091,400.00 for~~ ~~performance funding, $33,243,100.00 for MSU AgBioResearch, and $28,672,600.00 for MSU Extension.~~$344,404,800.00, $275,862,100.00 FOR OPERATIONS, $5,377,000.00 FOR PERFORMANCE FUNDING, $33,913,100.00 FOR MSU AGBIORESEARCH, AND $29,252,600.00 FOR MSU EXTENSION.

(g) The appropriation for Michigan Technological University is ~~$48,097,500.00, $46,754,700.00 for operations and~~ ~~$1,342,800.00 for performance funding.~~$49,052,200.00, $48,097,500.00 FOR OPERATIONS AND $954,700.00 FOR PERFORMANCE FUNDING.

(h) The appropriation for Northern Michigan University is ~~$46,279,200.00, $45,107,700.00 for operations and $1,171,500.00~~ ~~for performance funding.~~$47,137,400.00, $46,279,200.00 FOR OPERATIONS AND $858,200.00 FOR PERFORMANCE FUNDING.

(i) The appropriation for Oakland University is ~~$49,920,700.00, $48,371,900.00 for operations and $1,548,800.00 for~~ ~~performance funding.~~$51,235,900.00, $49,920,700.00 FOR OPERATIONS AND $1,315,200.00 FOR PERFORMANCE FUNDING.

(j) The appropriation for Saginaw Valley State University is ~~$29,114,000.00, $28,181,200.00 for operations and $932,800.00~~ ~~for performance funding.~~$29,766,100.00, $29,114,000.00 FOR OPERATIONS AND $652,100.00 FOR PERFORMANCE FUNDING.

(k) The appropriation for University of Michigan – Ann Arbor is ~~$308,639,000.00, $299,975,000.00 for operations and~~ ~~$8,664,000.00 for performance funding.~~$314,589,100.00, $308,639,000.00 FOR OPERATIONS AND $5,950,100.00 FOR PERFORMANCE FUNDING.

(l) The appropriation for University of Michigan – Dearborn is ~~$24,803,300.00, $24,033,100.00 for operations and $770,200.00~~ ~~for performance funding.~~$25,421,900.00, $24,803,300.00 FOR OPERATIONS AND $618,600.00 FOR PERFORMANCE FUNDING.

(m) The appropriation for University of Michigan – Flint is ~~$22,549,300.00, $21,815,400.00 for operations and $733,900.00~~ ~~for performance funding.~~$23,061,800.00, $22,549,300.00 FOR OPERATIONS AND $512,500.00 FOR PERFORMANCE FUNDING.

(n) The appropriation for Wayne State University is ~~$196,064,500.00, $191,451,300.00 for operations and $4,613,200.00 for~~ ~~performance funding.~~$199,169,800.00, $196,064,500.00 FOR OPERATIONS AND $3,105,300.00 FOR PERFORMANCE FUNDING.

(o) The appropriation for Western Michigan University is ~~$107,440,900.00, $104,334,100.00 for operations and~~ ~~$3,106,800.00 for performance funding.~~$109,376,800.00, $107,440,900.00 FOR OPERATIONS AND $1,935,900.00 FOR PERFORMANCE FUNDING.

(3) The amount appropriated in subsection (2) for public universities is appropriated from the following:

(a) State school aid fund, $231,219,500.00.

(b) State general fund/general purpose money, ~~$1,231,041,200.00.~~$1,260,291,200.00.

(4) The amount appropriated for Michigan public school employees’ retirement system reimbursement is ~~$5,890,000.00,~~ $4,005,000.00, appropriated from the state school aid fund.

(5) The amount appropriated for state and regional programs is $315,000.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Higher education database modernization and conversion, $200,000.00.

(b) Midwestern Higher Education Compact, $115,000.00.

(6) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows:

(a) Select student support services, $1,956,100.00.

(b) Michigan college/university partnership program, $586,800.00.

(7) Subject to subsection (8), the amount appropriated for grants and financial aid is ~~$110,983,200.00,~~ $127,583,200.00, allocated as follows:

(a) State competitive scholarships, ~~$18,361,700.00.~~$26,361,700.00.

(b) Tuition grants, ~~$35,021,500.00.~~$38,021,500.00.

(d) Children of veterans and officer’s survivor tuition grant programs, $1,400,000.00.

(e) Project GEAR-UP, $3,200,000.00.

(F) NORTH AMERICAN INDIAN TUITION WAIVER, $300,000.00.

(8) The money appropriated in subsection (7) for grants and financial aid is appropriated from the following:

(a) Federal revenues under the United States Department of Education, Office of Elementary and Secondary Education, GEAR-UP program, $3,200,000.00.

(b) Federal revenues under the social security act, temporary assistance for needy families, ~~$98,326,400.00.~~$108,326,400.00.

(d) State general fund/general purpose money, ~~$9,356,800.00.~~$15,956,800.00.

~~(9) For fiscal year 2016-2017 only, $500,000.00 is appropriated for the Michigan State University Diagnostic Center for~~ ~~Population and Animal Health, appropriated from state general fund/general purpose money.~~

(9) FOR FISCAL YEAR 2017-2018 ONLY, IN ADDITION TO THE ALLOCATION UNDER SUBSECTION (4), FROM THE APPROPRIATIONS DESCRIBED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $419,000.00 FOR PAYMENTS TO PARTICIPATING PUBLIC UNIVERSITIES, APPROPRIATED FROM THE STATE SCHOOL AID FUND. A UNIVERSITY THAT RECEIVES MONEY UNDER THIS SUBSECTION SHALL USE THAT MONEY SOLELY FOR THE PURPOSE OF OFFSETTING THE NORMAL COST CONTRIBUTION RATE. AS USED IN THIS SUBSECTION, “PARTICIPATING PUBLIC UNIVERSITIES” MEANS PUBLIC UNIVERSITIES THAT ARE A REPORTING UNIT OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM UNDER THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1301 TO 38.1437, AND THAT PAY CONTRIBUTIONS TO THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM FOR THE STATE FISCAL YEAR.

Sec. 236a. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, ~~2018~~ 2019 for the items listed in section 236. The fiscal year ~~2017-2018~~ 2018-2019 appropriations are anticipated to be the same as those for fiscal year ~~2016-2017,~~ 2017-2018, except that the amounts will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January ~~2017~~ 2018 consensus revenue estimating conference.

Sec. 236b. In addition to the funds appropriated in section 236, there is appropriated for grants and financial aid in fiscal year ~~2016-2017~~ 2017-2018 an amount not to exceed $6,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this article.

Sec. 236c. In addition to the funds appropriated for fiscal year ~~2016-2017~~ 2017-2018 in section 236, appropriations to the department of technology, management, and budget in the act providing general appropriations for fiscal year ~~2016-2017~~ 2017‑

2018 for state building authority rent, totaling an estimated $144,995,300.00, provide funding for the state share of costs for previously constructed capital projects for state universities. These appropriations for state building authority rent represent additional state general fund support provided to public universities, and the following is an estimate of the amount of that support to each university:

(a) Central Michigan University, ~~$11,819,500.00.~~$12,570,900.00.

(b) Eastern Michigan University, ~~$4,868,000.00.~~$5,177,500.00.

(d) Grand Valley State University, ~~$6,635,900.00.~~$7,057,800.00.

(e) Lake Superior State University, ~~$1,722,800.00.~~$1,832,400.00.

(f) Michigan State University, ~~$18,827,000.00.~~$15,500,500.00.

(g) Michigan Technological University, ~~$6,793,200.00.~~$7,225,100.00.

(h) Northern Michigan University, ~~$9,447,600.00.~~$7,786,500.00.

(i) Oakland University, ~~$12,685,900.00.~~$13,492,400.00.

(j) Saginaw Valley State University, ~~$10,331,000.00.~~$10,918,500.00.

(k) University of Michigan - Ann Arbor, ~~$11,875,600.00.~~$10,586,200.00.

(l) University of Michigan - Dearborn, ~~$9,008,800.00.~~$9,581,500.00.

(m) University of Michigan - Flint, ~~$4,357,600.00.~~$4,315,600.00.

(n) Wayne State University, ~~$15,399,400.00.~~$16,378,300.00.

(o) Western Michigan University, ~~$14,962,700.00.~~$15,913,800.00.

SEC. 236E. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ARTICLE AND IN ADDITION TO THE AMOUNTS APPROPRIATED IN SECTION 236, THERE IS APPROPRIATED $2,600,000.00 FOR HIGHER EDUCATION TO INCREASE THE ALLOCATION FOR THE TUITION INCENTIVE PROGRAM FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017. THE SUMMARY OF APPROPRIATIONS IN SECTION 236(1)(A) AND (B) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017 IS ACCORDINGLY REVISED AS FOLLOWS:

(A) THE GROSS APPROPRIATION IS $1,585,240,400.00. AFTER DEDUCTING TOTAL INTERDEPARTMENTAL GRANTS AND INTRADEPARTMENTAL TRANSFERS IN THE AMOUNT OF $0.00, THE ADJUSTED GROSS APPROPRIATION IS $1,585,240,400.00.

(B) THE SOURCES OF THE ADJUSTED GROSS APPROPRIATION DESCRIBED IN SUBDIVISION (A) ARE AS FOLLOWS:

(i) TOTAL FEDERAL REVENUES, $104,126,400.00.

(ii) TOTAL LOCAL REVENUES, $0.00.

(iii) TOTAL PRIVATE REVENUES, $0.00.

(iv) TOTAL OTHER STATE RESTRICTED REVENUES, $237,209,500.00.

(v) STATE GENERAL FUND/GENERAL PURPOSE MONEY, $1,243,904,500.00.

(2) AS A RESULT OF THE APPROPRIATION IN SUBSECTION (1), THE AMOUNT APPROPRIATED FOR GRANTS AND FINANCIAL AID FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017 IN SECTION 236(7) IS INCREASED TO $113,583,200.00, AND THE ALLOCATION FOR THE TUITION INCENTIVE PROGRAM IN SECTION 236(7)(C) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017 IS INCREASED TO $55,600,000.00.

(3) THE MONEY APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017 IN SECTION 236(7) FOR GRANTS AND FINANCIAL AID, AS REVISED IN SUBSECTION (2), IS APPROPRIATED BY INCREASING THE APPROPRIATION FROM FEDERAL REVENUES UNDER THE SOCIAL SECURITY ACT, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, TO $100,926,400.00.

Sec. 237b. As used in this article: ~~, the term “workforce~~

(A) “CENTER” MEANS THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION CREATED IN SECTION 94A.

(B) “WORKFORCE development agency” means the workforce development agency within the department of talent and economic development—talent investment agency.

Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section 236 to public universities shall be paid out of the state treasury and distributed by the state treasurer to the respective institutions in 11 equal monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, ~~2016.~~ 2017. Except for Wayne State University, each institution shall accrue its July and August ~~2017~~ 2018 payments to its institutional fiscal year ending June 30, ~~2017.~~2018.

(2) All public universities shall submit higher education institutional data inventory (HEIDI) data and associated financial and program information requested by and in a manner prescribed by the state budget director. For public universities with fiscal years ending June 30, ~~2016,~~ 2017, these data shall be submitted to the state budget director by October 15, ~~2016.~~ 2017. Public universities with a fiscal year ending September 30, ~~2016~~ 2017 shall submit preliminary HEIDI data by November 15, ~~2016~~ 2017 and final data by December 15, ~~2016.~~ 2017. If a public university fails to submit HEIDI data and associated financial aid program information in accordance with this reporting schedule, the state treasurer may withhold the monthly installments under subsection (1) to the public university until those data are submitted.

Sec. 244. A BY OCTOBER 15 OF EACH YEAR, A public university receiving funds in section 236 shall ~~cooperate~~ ~~with all measures taken by the state to develop, operate, and maintain~~ PROVIDE ITS LONGITUDINAL DATA SYSTEM DATA SET FOR THE PRECEDING ACADEMIC YEAR TO THE CENTER FOR INCLUSION IN the statewide P-20 longitudinal data system described in section 94a. If the state budget director finds that a university has not complied with this section, the state budget director is authorized to withhold the monthly installments provided to that university under section 241 until he or she finds the university has complied with this section.

Sec. 245. (1) A public university shall maintain a public transparency website available through a link on its website homepage. The public university shall update this website within 30 days after the university’s governing board adopts its annual operating budget for the next academic year, or after the governing board adopts a subsequent revision to that budget.

(2) The website required under subsection (1) shall include all of the following concerning the public university:

(a) The annual operating budget and subsequent budget revisions.

(b) A summary of current expenditures for the most recent fiscal year for which they are available, expressed as pie charts in the following 2 categories:

(i) A chart of personnel expenditures, broken into the following subcategories:

(A) Earnings and wages.

(B) Employee benefit costs, including, but not limited to, medical, dental, vision, life, disability, and long-term care benefits.

(D) All other personnel costs.

(ii) A chart of all current expenditures the public university reported as part of its higher education institutional data inventory data under section 241(2), broken into the same subcategories in which it reported those data.

(i) The current collective bargaining agreement for each bargaining unit.

(ii) Each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long-term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee of the public university.

(iii) Audits and financial reports for the most recent fiscal year for which they are available.

(iv) Campus security policies and crime statistics pursuant to the student right-to-know and campus security act, Public Law 101‑542, 104 ~~Stat.~~ STAT 2381. Information shall include all material prepared pursuant to the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 ~~Stat.~~ STAT 2381.

(d) A list of all positions funded partially or wholly through institutional general fund revenue that includes the position title and annual salary or wage amount for each position.

(e) General fund revenue and expenditure projections for the current fiscal year and the next fiscal year.

(f) A listing of all debt service obligations, detailed by project, anticipated fiscal year payment for each project, and total outstanding debt for the current fiscal year.

(g) The institution’s policy regarding the transferability of core college courses between community colleges and the university.

(h) A listing of all community colleges that have entered into reverse transfer agreements with the university.

(3) On the website required under subsection (1), a public university shall provide a dashboard or report card demonstrating the university’s performance in several “best practice” measures. The dashboard or report card shall include at least all of the following for the 3 most recent academic years for which the data are available:

(a) Enrollment.

(b) Student retention rate.

(d) Number of Pell grant recipients and graduating Pell grant recipients.

(e) Geographic origination of students, categorized as in‑state, out-of-state, and international.

(f) Faculty to student ratios and total university employee to student ratios.

(g) Teaching load by faculty classification.

(h) Graduation outcome rates, including employment and continuing education.

(4) For statewide consistency and public visibility, public universities must use the icon badge provided by the department of technology, management, and budget consistent with the icon badge developed by the department of education for K-12 school districts. It must appear on the front of each public university’s homepage. The size of the icon may be reduced to 150 x 150 pixels. The font size and style for this reporting must be consistent with other documents on each university’s website.

(5) The state budget director shall determine whether a public university has complied with this section. The state budget director may withhold a public university’s monthly installments described in section 241 until the public university complies with this section.

(6) By November 15 of each year, a public university shall report the following information to the center ~~for educational~~ ~~performance and information~~ and post the information on its website under the budget transparency icon badge:

(a) Opportunities for earning college credit through the following programs:

(i) State approved career and technical education or a tech prep articulated program of study.

(ii) Direct college credit or concurrent enrollment.

(iii) Dual enrollment.

(iv) An early college/middle college program.

(b) For each program described in subdivision (a) that the public university offers, all of the following information:

(i) The number of high school students participating in the program.

(ii) The number of school districts that participate in the program with the public university.

(iii) Whether a university professor, qualified local school district employee, or other individual teaches the course or courses in the program.

(iv) The total cost to the public university to operate the program.

(v) The cost per credit hour for the course or courses in the program.

(vi) The location where the course or courses in the program are held.

(vii) Instructional resources offered to the program instructors.

(viii) Resources offered to the student in the program.

(ix) Transportation services provided to students in the program.

SEC. 249. (1) THE FUNDS APPROPRIATED IN SECTION 236 FOR THE CHILDREN OF VETERANS AND OFFICER’S SURVIVOR TUITION GRANT PROGRAMS SHALL BE SUPPORTED WITH REVENUE FROM THE RESTRICTED ACCOUNT CREATED IN SECTION 5 OF THE CHILDREN OF VETERANS TUITION GRANT ACT, 2005 PA 248, MCL 390.1345. AS PROVIDED IN SECTION 5 OF THE CHILDREN OF VETERANS TUITION GRANT ACT, 2005 PA 248, MCL 390.1345, UNEXPENDED FUNDS REMAINING IN THE RESTRICTED ACCOUNT AT THE END OF THE FISCAL YEAR SHALL NOT LAPSE TO THE GENERAL FUND.

(2) THE GENERAL FUND/GENERAL PURPOSE FUNDS APPROPRIATED IN SECTION 236 FOR THE CHILDREN OF VETERANS AND OFFICER’S SURVIVOR TUITION GRANT PROGRAMS SHALL BE DEPOSITED INTO THE RESTRICTED ACCOUNT DESCRIBED IN SUBSECTION (1), AS REQUIRED IN SECTION 5 OF THE CHILDREN OF VETERANS TUITION GRANT ACT, 2005 PA 248, MCL 390.1345.

(3) FUNDS DEPOSITED INTO THE RESTRICTED ACCOUNT UNDER SUBSECTION (2) FOR THE CHILDREN OF VETERANS AND OFFICER’S SURVIVOR TUITION GRANT PROGRAMS ARE APPROPRIATED AND AVAILABLE FOR ALLOCATION AS REQUIRED IN THE CHILDREN OF VETERANS TUITION GRANT ACT, 2005 PA 248, MCL 390.1341 TO 390.1346.

SEC. 250. TO BE CONSIDERED ELIGIBLE FOR ANY SCHOLARSHIP OR GRANT FINANCIAL AID PROGRAM ADMINISTERED BY THE DEPARTMENT OF TREASURY, THE STUDENT MUST FILE THE FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) ANNUALLY.

Sec. 251. (1) Payments of the amounts included in section 236 for the state competitive scholarship program shall be distributed pursuant to 1964 PA 208, MCL 390.971 to 390.981.

(2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of treasury shall determine an actual maximum state competitive scholarship award per student, which shall be not less than ~~$575.00,~~ $1,000.00, that ensures that the aggregate payments for the state competitive scholarship program do not exceed the appropriation contained in section 236 for the state competitive scholarship program. If the department determines that insufficient funds are available to establish a maximum award amount equal to at least ~~$575.00,~~ $1,000.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a ~~$575.00~~ $1,000.00 maximum award amount.

(3) The department of treasury shall implement a proportional competitive scholarship maximum award level for recipients enrolled less than full-time in a given semester or term.

(4) If a student who receives an award under this section has his or her tuition and fees paid under the Michigan educational trust program, pursuant to the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial need, the funds awarded under this section may be used for educational expenses other than tuition and fees.

(5) If the department of treasury increases the maximum award per eligible student from that provided in the previous fiscal year, it shall not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the maximum grant shall be proportional for all eligible students receiving awards.

(6) Veterans Administration benefits shall not be considered in determining eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981.

(7) ANY UNEXPENDED AND UNENCUMBERED FUNDS REMAINING ON SEPTEMBER 30, 2018 FROM THE AMOUNTS APPROPRIATED IN SECTION 236 FOR THE STATE COMPETITIVE SCHOLARSHIP PROGRAM FOR FISCAL YEAR 2017-2018 DO NOT LAPSE ON SEPTEMBER 30, 2018, BUT CONTINUE TO BE AVAILABLE FOR THE EXPENDITURE FOR STATE COMPETITIVE SCHOLARSHIPS PROVIDED IN THE 2018-2019 FISCAL YEAR UNDER A WORK PROJECT ACCOUNT. THE USE OF THESE UNEXPENDED FISCAL YEAR 2017-2018 FUNDS TERMINATES AT THE END OF THE 2018-2019 FISCAL YEAR.

Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a.

(2) Tuition grant awards shall be made to all eligible Michigan residents enrolled in undergraduate degree programs who are qualified and who apply before July 1, ~~of each year for the next academic year.~~2017 FOR THE 2017-2018 ACADEMIC YEAR. BEGINNING WITH THE 2018-2019 ACADEMIC YEAR, TUITION GRANT AWARDS SHALL BE MADE TO ALL ELIGIBLE MICHIGAN RESIDENTS ENROLLED IN UNDERGRADUATE DEGREE PROGRAMS WHO ARE QUALIFIED AND WHO APPLY BEFORE MARCH 1 OF EACH YEAR FOR THE NEXT ACADEMIC YEAR.

(3) BEGINNING WITH THE 2018-2019 ACADEMIC YEAR, A TUITION GRANT MAY BE RENEWED FOR NOT MORE THAN 10 SEMESTERS OR ITS EQUIVALENT IN TRIMESTERS OR QUARTERS OF UNDERGRADUATE EDUCATION, OR IF AN ELIGIBLE APPLICANT HAS NOT COMPLETED USING THE GRANT WITHIN 10 YEARS AFTER HIS OR HER ELIGIBILITY IS DETERMINED, WHICHEVER OCCURS FIRST. THE DEPARTMENT SHALL DETERMINE AN EQUIVALENT TO 10 SEMESTERS OR ITS EQUIVALENT IN TRIMESTERS OR QUARTERS OF UNDERGRADUATE EDUCATION FOR LESS THAN FULL-TIME BUT MORE THAN HALF‑TIME STUDENTS.

(4) ~~(3)~~ Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsections ~~(7)~~ (8) and ~~(8),~~ (9), the department of treasury shall determine an actual maximum tuition grant award per student, which shall be no less than ~~$1,512.00,~~ $2,000.00, that ensures that the aggregate payments for the tuition grant program do not exceed the appropriation contained in section 236 for the state tuition grant program. If the department determines that insufficient funds are available to establish a maximum award amount equal to at least ~~$1,512.00,~~ $2,000.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a ~~$1,512.00~~ $2,000.00 maximum award amount. If the department determines that sufficient funds are available to establish a maximum award amount equal to at least ~~$1,512.00,~~ $2,000.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the maximum award amount established and the projected amount of any projected year‑end appropriation balance based on that maximum award amount. By February 18 of each fiscal year, the department shall analyze the status of award commitments, shall make any necessary adjustments, and shall confirm that those award commitments will not exceed the appropriation contained in section 236 for the tuition grant program. The determination and actions shall be reported to the state budget director and the house and senate fiscal agencies no later than the final day of February of each year. If award adjustments are necessary, the students shall be notified of the adjustment by March 4 of each year.

(5) ~~(4)~~ Any unexpended and unencumbered funds remaining on September 30, ~~2017~~ 2018 from the amounts appropriated in section 236 for the tuition grant program for fiscal year ~~2016-2017 shall~~ 2017-2018 DO not lapse on September 30, ~~2017,~~ 2018, but ~~shall~~ continue to be available for expenditure for tuition grants provided in the ~~2017-2018~~ 2018-2019 fiscal year under a work project account. The use of these unexpended fiscal year ~~2016-2017~~ 2017-2018 funds ~~shall terminate~~ TERMINATES at the end of the ~~2017‑2018~~ 2018-2019 fiscal year.

(6) ~~(5)~~ The department of treasury shall continue a proportional tuition grant maximum award level for recipients enrolled less than full-time in a given semester or term.

(7) ~~(6)~~ If the department of treasury increases the maximum award per eligible student from that provided in the previous fiscal year, it shall not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the maximum grant shall be proportional for all eligible students receiving awards for that fiscal year.

(8) ~~(7)~~ Except as provided in subsection ~~(4),~~ (5), the department of treasury shall not award more than ~~$3,200,000.00~~ $3,500,000.00 in tuition grants to eligible students enrolled in the same independent nonprofit college or university in this state. Any decrease in the maximum grant shall be proportional for all eligible students enrolled in that college or university, as determined by the department.

(9) ~~(8)~~ The department of treasury shall not award tuition grants to otherwise eligible students enrolled in an independent college or university that does not report, in a form and manner directed by and satisfactory to the department of treasury, by ~~September 30~~ OCTOBER 31 of each year, all of the following:

(a) The number of students in the most recently completed academic year who in any academic year received a state tuition grant at the reporting institution and successfully completed a program or graduated.

(b) The number of students in the most recently completed academic year who in any academic year received a state tuition grant at the reporting institution and took a remedial education class.

(c) The number of students in the most recently completed academic year who in any academic year received a Pell grant at the reporting institution and successfully completed a program or graduated.

(10) ~~(9)~~ By February 1, ~~2017,~~ 2018, each independent college and university participating in the tuition grant program shall report to the senate and house appropriations subcommittees on higher education, the senate and house fiscal agencies, and the state budget director on its efforts to develop and implement sexual assault response training for the institution’s title IX coordinator, campus law enforcement personnel, campus public safety personnel, and any other campus personnel charged with responding to on-campus incidents, including information on sexual assault response training materials and the status of implementing sexual assault response training for institutional personnel.

Sec. 254. The sums appropriated in section 236 for the state competitive scholarship, tuition incentive, and tuition grant programs shall be paid out of the state treasury and shall be distributed to the respective institutions under a quarterly payment system as follows:

(a) For the state competitive scholarship and tuition grant programs, 50% shall be paid at the beginning of the state’s first fiscal quarter, 30% during the state’s second fiscal quarter, 10% during the state’s third fiscal quarter, and 10% during the state’s fourth fiscal quarter.

(b) For the tuition incentive program, ~~55%~~ 65% shall be paid at the beginning of the state’s first fiscal quarter, ~~40%~~ AND 35% during the state’s second fiscal quarter. ~~, and 5% during the state’s third fiscal quarter.~~

Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive program shall be distributed as provided in this section and pursuant to the administrative procedures for the tuition incentive program of the department of treasury.

(2) As used in this section:

(a) “Phase I” means the first part of the tuition incentive ~~assistance~~ program defined as the academic period of 80 semester or 120 term credits, or less, leading to an associate degree or certificate. STUDENTS MUST BE ENROLLED IN A CERTIFICATE OR ASSOCIATE DEGREE PROGRAM AND TAKING CLASSES WITHIN THE PROGRAM OF STUDY FOR A CERTIFICATE OR ASSOCIATE DEGREE. TUITION WILL NOT BE COVERED FOR COURSES OUTSIDE OF A CERTIFICATE OR ASSOCIATE DEGREE PROGRAM.

(b) “Phase II” means the second part of the tuition incentive ~~assistance~~ program which provides assistance in the third and fourth year of 4-year degree programs.

(d) “High school equivalency certificate” means that term as defined in section 4.

(3) An individual shall meet the following basic criteria and financial thresholds to be eligible for tuition incentive program benefits:

(a) To be eligible for phase I, an individual shall meet all of the following criteria:

(i) Apply for certification to the department any time after he or she begins the sixth grade but before August 31 of the school year in which he or she graduates from high school or before achieving a high school equivalency certificate.

(ii) Be less than 20 years of age at the time he or she graduates from high school with a diploma or certificate of completion or achieves a high school equivalency certificate OR, FOR STUDENTS ATTENDING A 5-YEAR MIDDLE COLLEGE APPROVED BY THE MICHIGAN DEPARTMENT OF EDUCATION, BE LESS THAN 21 YEARS OF AGE WHEN HE OR SHE GRADUATES FROM HIGH SCHOOL.

(iii) Be a United States citizen and a resident of ~~Michigan~~ THIS STATE according to institutional criteria.

(iv) Be at least a half-time student, earning less than 80 semester or 120 term credits at a participating educational institution within 4 years of high school graduation or achievement of a high school equivalency certificate. ALL PROGRAM ELIGIBILITY EXPIRES 6 YEARS FROM HIGH SCHOOL GRADUATION OR ACHIEVEMENT OF A HIGH SCHOOL EQUIVALENCY CERTIFICATE.

(v~~) Request information on filing a FAFSA.~~

(v) (vi) Meet the satisfactory academic progress policy of the educational institution he or she attends.

(b) To be eligible for phase II, an individual shall meet either of the following criteria in addition to the criteria in subdivision (a):

(i) Complete at least 56 transferable semester or 84 transferable term credits.

(ii) Obtain an associate degree or certificate at a participating institution.

(c) To be eligible for phase I or phase II, an individual must not be incarcerated and must be financially eligible as determined by the department. An individual is financially eligible for the tuition incentive program if he or she was eligible for Medicaid from ~~the~~ THIS state ~~of Michigan~~ for 24 months within the 36 consecutive months before application. The department shall accept certification of Medicaid eligibility only from the department of health and human services for the purposes of verifying if a person is Medicaid eligible for 24 months within the 36 consecutive months before application. Certification of eligibility may begin in the sixth grade. As used in this subdivision, “incarcerated” does not include detention of a juvenile in a state-operated or privately operated juvenile detention facility.

(4) Beginning in fiscal year 2017-2018, the department shall not award more than $8,500,000.00 annually in tuition incentive program funds to eligible students enrolled in the same college or university in this state.

(5) For phase I, the department shall provide payment on behalf of a person eligible under subsection (3). The department shall ONLY ACCEPT STANDARD PER-CREDIT HOUR TUITION BILLINGS AND SHALL reject billings that are excessive or outside the guidelines for the type of educational institution.

(6) For phase I, all of the following apply:

(a) Payments for associate degree or certificate programs shall not be made for more than 80 semester or 120 term credits for any individual student at any participating institution.

(b) For persons enrolled at a Michigan community college, the department shall pay the current in-district tuition and mandatory fees. For persons residing in an area that is not included in any community college district, the out-of-district tuition rate may be authorized.

(c) For persons enrolled at a Michigan public university, the department shall pay lower division resident tuition and mandatory fees for the current year.

(d) For persons enrolled at a Michigan independent, nonprofit degree-granting college or university, or a Michigan federal tribally controlled community college, or Focus: HOPE, the department shall pay mandatory fees for the current year and a per‑

credit payment that does not exceed the average community college in-district per-credit tuition rate as reported on August 1, for the immediately preceding academic year.

(7) A person participating in phase II may be eligible for additional funds not to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00 subject to the following conditions:

(a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year college or university.

(b) The tuition reimbursement is for coursework completed within 30 months of completion of the phase I requirements.

(8) The department shall work closely with participating institutions to develop an application and eligibility determination process that will provide the highest level of participation and ensure that all requirements of the program are met.

(9) Applications for the tuition incentive program may be approved at any time after the student begins the sixth grade. If a determination of financial eligibility is made, that determination is valid as long as the student meets all other program requirements and conditions.

(10) Each institution shall ensure that all known available restricted grants for tuition and fees are used prior to billing the tuition incentive program for any portion of a student’s tuition and fees.

(11) The department shall ensure that the tuition incentive program is well publicized and that eligible Medicaid clients are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program.

(12) ANY UNEXPENDED AND UNENCUMBERED FUNDS REMAINING ON SEPTEMBER 30, 2018 FROM THE AMOUNTS APPROPRIATED IN SECTION 236 FOR THE TUITION INCENTIVE PROGRAM FOR FISCAL YEAR 2017-2018 DO NOT LAPSE ON SEPTEMBER 30, 2018, BUT CONTINUE TO BE AVAILABLE FOR EXPENDITURE FOR TUITION INCENTIVE PROGRAM FUNDS PROVIDED IN THE 2018-2019 FISCAL YEAR UNDER A WORK PROJECT ACCOUNT. THE USE OF THESE UNEXPENDED FISCAL YEAR 2017-2018 FUNDS TERMINATES AT THE END OF THE 2018-2019 FISCAL YEAR.

(13) THE DEPARTMENT OF TREASURY SHALL COLLABORATE WITH THE CENTER TO USE THE P-20 LONGITUDINAL DATA SYSTEM TO REPORT THE FOLLOWING INFORMATION FOR EACH QUALIFIED POSTSECONDARY INSTITUTION:

(A) THE NUMBER OF PHASE I STUDENTS IN THE MOST RECENTLY COMPLETED ACADEMIC YEAR WHO IN ANY ACADEMIC YEAR RECEIVED A TUITION INCENTIVE PROGRAM AWARD AND WHO SUCCESSFULLY COMPLETED A DEGREE OR CERTIFICATE PROGRAM. COHORT GRADUATION RATES FOR PHASE I STUDENTS SHALL BE CALCULATED USING THE ESTABLISHED SUCCESS RATE METHODOLOGY DEVELOPED BY THE CENTER IN COLLABORATION WITH THE POSTSECONDARY INSTITUTIONS.

(B) THE NUMBER OF STUDENTS IN THE MOST RECENTLY COMPLETED ACADEMIC YEAR WHO IN ANY ACADEMIC YEAR RECEIVED A PELL GRANT AT THE REPORTING INSTITUTION AND WHO SUCCESSFULLY COMPLETED A DEGREE OR CERTIFICATE PROGRAM. COHORT GRADUATION RATES FOR STUDENTS WHO RECEIVED PELL GRANTS SHALL BE CALCULATED USING THE ESTABLISHED SUCCESS RATE METHODOLOGY DEVELOPED BY THE CENTER IN COLLABORATION WITH THE POSTSECONDARY INSTITUTIONS.

(14) IF A QUALIFIED POSTSECONDARY INSTITUTION DOES NOT REPORT THE DATA NECESSARY TO COMPLY WITH SUBSECTION (13) TO THE P-20 LONGITUDINAL DATA SYSTEM, THE INSTITUTION SHALL REPORT, IN A FORM AND MANNER SATISFACTORY TO THE DEPARTMENT OF TREASURY AND THE CENTER, ALL OF THE INFORMATION NEEDED TO COMPLY WITH SUBSECTION (13) BY DECEMBER 1, 2017.

(15) BEGINNING IN FISCAL YEAR 2018-2019, IF A QUALIFIED POSTSECONDARY INSTITUTION DOES NOT REPORT THE DATA NECESSARY TO COMPLETE THE REPORTING IN SUBSECTION (13) TO THE P-20 LONGITUDINAL DATA SYSTEM BY OCTOBER 15 FOR THE PRIOR ACADEMIC YEAR, THE DEPARTMENT OF TREASURY SHALL NOT AWARD PHASE I TUITION INCENTIVE PROGRAM FUNDING TO OTHERWISE ELIGIBLE STUDENTS ENROLLED IN THAT INSTITUTION UNTIL THE DATA ARE SUBMITTED.

Sec. 263. (1) Included in the appropriation in section 236 for fiscal year ~~2016-2017~~ 2017-2018 for MSU AgBioResearch is $2,982,900.00 and included in the appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state’s plant-based agriculture, forestry, and processing industries. “GREEEN” is an acronym for Generating Research and Extension to Meet Environmental and Economic Needs.

(2) The department of agriculture and rural development and Michigan State University, in consultation with agricultural commodity groups and other interested parties, shall develop Project GREEEN and its program priorities.

Sec. 263a. (1) Not later than September 30 of each year, Michigan State University shall submit a report on MSU AgBioResearch and MSU Extension to the house and senate appropriations subcommittees on agriculture and on higher education, the house and senate standing committees on agriculture, the house and senate fiscal agencies, and the state budget director for the preceding academic fiscal year.

(2) The report required under subsection (1) shall include all of the following:

(a) Total funds expended by MSU AgBioResearch and by MSU Extension identified by state, local, private, federal, and university fund sources.

(b) The metric goals that were used to evaluate the impacts of programs operated by MSU Extension and MSU AgBioResearch. The following metric goals will be used to evaluate the impacts of those programs:

(i) Increasing the number of agriculture and food-related firms collaborating with and using services of research and extension faculty and staff by 3% per year.

(ii) Increasing the number of individuals utilizing MSU Extension’s educational services by 5% per year.

(iii) Increasing external funds generated in support of research and extension, beyond state appropriations, by 10% over the amounts generated in the past 3 state fiscal years.

(iv) Increasing the sector’s total economic impact to at least ~~$100,000,000,000.00.~~$125,000,000,000.00.

(v) Increasing Michigan’s agricultural exports to at least ~~$3,500,000,000.00.~~$4,250,000,000.00.

(vi~~) Increasing jobs in the food and agriculture sector by 10%.~~

(vi) (~~vii~~) Improving access by Michigan consumers to healthy foods by 20%.

(c) A review of major programs within both MSU AgBioResearch and MSU Extension with specific reference to accomplishments, impacts, and the metrics described in subdivision (b), including a specific accounting of Project GREEEN expenditures and the impact of those expenditures.

Sec. 264. Included in the appropriation in section 236 for fiscal year ~~2016-2017~~ 2017-2018 for Michigan State University is $80,000.00 for the Michigan Future Farmers of America Association. This $80,000.00 allocation shall not supplant any existing support that Michigan State University provides to the Michigan Future Farmers of America Association.

Sec. 265. (1) Payments under section 265a for performance funding shall only be made to a public university that certifies to the state budget director by August 31, ~~2016~~ 2017 that its board did not adopt an increase in tuition and fee rates for resident undergraduate students after September 1, ~~2015~~ 2016 for the ~~2015‑2016~~ 2016-2017 academic year and that its board will not adopt an increase in tuition and fee rates for resident undergraduate students for the ~~2016-2017~~ 2017-2018 academic year that is greater than ~~4.2%.~~ 3.8% OR $475.00, WHICHEVER IS GREATER. As used in this subsection:

(a) “Fee” means any board-authorized fee that will be paid by more than 1/2 of all resident undergraduate students at least once during their enrollment at a public university, as described in the higher education institutional data inventory (HEIDI) user manual. A university increasing a fee that applies to a specific subset of students or courses shall provide sufficient information to prove that the increase applied to that subset will not cause the increase in the average amount of board-authorized total tuition and fees paid by resident undergraduate students in the ~~2016-2017~~ 2017-2018 academic year to exceed the limit established in this subsection.

(b) “Tuition and fee rate” means the average of full-time rates paid by a majority of students in each undergraduate class, based on an unweighted average of the rates authorized by the university board and actually charged to students, deducting any uniformly rebated or refunded amounts, for the 2 semesters with the highest levels of full-time equated resident undergraduate enrollment during the academic year, as described in the higher education institutional data inventory (HEIDI) user manual.

(c) For purposes of subdivision (a), for a public university that compels resident undergraduate students to be covered by health insurance as a condition to enroll at the university, “fee” includes the annual amount a student is charged for coverage by the university-affiliated group health insurance policy if he or she does not provide proof that he or she is otherwise covered by health insurance. This subdivision does not apply to limited subsets of resident undergraduate students to be covered by health insurance for specific reasons other than general enrollment at the university.

(2) The state budget director shall implement uniform reporting requirements to ensure that a public university receiving a payment under section 265a for performance funding has satisfied the tuition restraint requirements of this section. The state budget director shall have the sole authority to determine if a public university has met the requirements of this section. Information reported by a public university to the state budget director under this subsection shall also be reported to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies.

(3) Universities that exceed the tuition and fee rate cap described in subsection (1) shall not receive a planning or construction authorization for a state-funded capital outlay project in fiscal year ~~2017-2018~~ 2018-2019 or fiscal year ~~2018‑2019.~~2019-2020.

(4) Notwithstanding any other provision of this act, the legislature may at any time adjust appropriations for a university that adopts an increase in tuition and fee rates for resident undergraduate students that exceeds the rate cap established in subsection (1).

Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal year ~~2016-2017~~ 2017-2018 for performance funding shall be paid only to a public university that complies with section 265 and certifies to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies by August 31, ~~2016~~ 2017 that it complies with all of the following requirements:

(a) The university participates in reverse transfer agreements described in section 286 with at least 3 Michigan community colleges.

(b) The university does not and will not consider whether dual enrollment credits earned by an incoming student were utilized towards his or her high school graduation requirements when making a determination as to whether those credits may be used by the student toward completion of a university degree or certificate program.

(c) The university actively participates in and submits timely updates to the Michigan Transfer Network created as part of the Michigan Association of Collegiate Registrars and Admissions Officers transfer agreement.

(2) Any performance funding amounts under section 236 that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) are unappropriated and reappropriated for performance funding to those public universities that meet the requirements under subsection (1), distributed in proportion to their performance funding appropriation amounts under section 236.

(3) The state budget director shall report to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies by September 30, ~~2016,~~ 2017, regarding any performance funding amounts that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) and any reappropriation of funds under subsection (2).

(4) Performance funding amounts described in section 236 are distributed based on the following formula:

(a) Proportional to each university’s share of total operations funding appropriated in fiscal year 2010-2011, 50%.

(b) Based on weighted undergraduate completions in critical skills areas, 11.1%.

(c) Based on research and development expenditures, for universities classified in Carnegie classifications as ~~doctoral/research~~ ~~universities, research universities (high research activity), or research universities (very high research activity)~~ DOCTORAL UNIVERSITIES: MODERATE RESEARCH ACTIVITY, DOCTORAL UNIVERSITIES: HIGHER RESEARCH ACTIVITY, OR DOCTORAL UNIVERSITIES: HIGHEST RESEARCH ACTIVITY only, 5.6%.

(d) Based on 6-year graduation rate, total degree completions, and institutional support as a percentage of core expenditures, and the percentage of students receiving Pell grants, scored against national Carnegie classification peers and weighted by total undergraduate fiscal year equated students, 33.3%.

(5) For purposes of determining the score of a university under subsection (4)(d), each university is assigned 1 of the following scores:

(a) A university classified as in the top 20%, a score of 3.

(b) A university classified as above national median, a score of 2.

(c) A university classified as improving, a score of 2. It is the intent of the legislature that, beginning in the ~~2017-2018~~ 2018-2019 state fiscal year, a university classified as improving is assigned a score of 1.

(d) A university that is not included in subdivision (a), (b), or (c), a score of 0.

(6) As used in this section, “Carnegie classification” means the basic classification of the university according to the most recent version ~~prior to February 1, 2016~~ of the Carnegie classification of institutions of higher education, published by the Carnegie Foundation for the Advancement of Teaching.

(7) IT IS THE INTENT OF THE LEGISLATURE TO ALLOCATE MORE FUNDING BASED ON PERFORMANCE METRICS IN FUTURE YEARS.

Sec. 267. All public universities shall submit the amount of tuition and fees actually charged to a full-time resident undergraduate student for academic year ~~2016-2017~~ 2017-2018 as part of their higher education institutional data inventory (HEIDI) data by August 31 of each year. A public university shall report any revisions for any semester of the reported academic year ~~2016-2017~~ 2017-2018 tuition and fee charges to HEIDI within 15 days of being adopted.

Sec. 268. (1) For the fiscal year ending September 30, ~~2017,~~ 2018, it is the intent of the legislature that funds be allocated for unfunded North American Indian tuition waiver costs incurred by public universities under 1976 PA 174, MCL 390.1251 to 390.1253, from the general fund.

(2) APPROPRIATIONS IN SECTION 236(7)(F) FOR NORTH AMERICAN INDIAN TUITION WAIVERS SHALL BE PAID TO UNIVERSITIES UNDER SECTION 2A OF 1976 PA 174, MCL 390.1252A. ALLOCATIONS SHALL BE ADJUSTED FOR AMOUNTS INCLUDED IN UNIVERSITY OPERATIONS APPROPRIATIONS. IF FUNDS ARE INSUFFICIENT TO SUPPORT THE ENTIRE COST OF WAIVERS, AMOUNTS SHALL BE PRORATED PROPORTIONATE TO EACH INSTITUTION’S SHORTFALL AS A PERCENTAGE OF ITS FISCAL YEAR 2017-2018 STATE APPROPRIATION FOR OPERATIONS.

(3) ~~(2)~~ By February 15 of each year, the department of civil rights shall annually submit to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies a report on North American Indian tuition waivers for the preceding ~~fiscal~~ ACADEMIC year that includes, but is not limited to, all of the following information:

(a) The number of waiver applications received and the number of waiver applications approved.

(b) For each university submitting information under subsection ~~(3),~~ (4), all of the following:

(i) The number of graduate and undergraduate North American Indian students enrolled each term for the previous ~~fiscal~~ ACADEMIC year.

(ii) The number of North American Indian waivers granted each term, INCLUDING TO CONTINUING EDUCATION STUDENTS, and the monetary value of the waivers for the previous ~~fiscal~~ ACADEMIC year.

(iii) The number of graduate and undergraduate students attending under a North American Indian tuition waiver who withdrew from the university EACH TERM during the previous ~~fiscal~~ ACADEMIC year. FOR PURPOSES OF THIS SUBPARAGRAPH, A WITHDRAWAL OCCURS WHEN A STUDENT WHO HAS BEEN AWARDED THE WAIVER WITHDRAWS FROM THE INSTITUTION AT ANY POINT DURING THE TERM, REGARDLESS OF ENROLLMENT IN SUBSEQUENT TERMS.

(iv) The number of graduate and undergraduate students attending under a North American Indian tuition waiver who successfully complete a degree or certificate program, separated by degree or certificate level, and the graduation rate for graduate and undergraduate students attending under a North American Indian tuition waiver who complete a degree OR CERTIFICATE within 150% of the normal time to complete, separated by the level of the degree OR CERTIFICATE.

(4) ~~(3)~~ A public university that receives funds under section 236 shall provide to the department of civil rights any information necessary for preparing the report detailed in subsection ~~(2),~~ (3), using guidelines and procedures developed by the department of civil rights.

(5) ~~(4)~~ The department of civil rights may consolidate the report required under this section with the report required under section 223, but a consolidated report must separately identify data for universities and data for community colleges.

Sec. 269. For fiscal year ~~2016-2017,~~ 2017-2018, from the amount appropriated in section 236 to Central Michigan University for operations, $29,700.00 shall be paid to Saginaw Chippewa Tribal College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

Sec. 270. For fiscal year ~~2016-2017,~~ 2017-2018, from the amount appropriated in section 236 to Lake Superior State University for operations, $100,000.00 shall be paid to Bay Mills Community College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253.

Sec. 274. It is the intent of the legislature that public and private organizations that conduct human embryonic stem cell derivation subject to section 27 of article I of the state constitution of 1963 will provide information to the director of the department of health and human services by December 1, ~~2016~~ 2017 that includes all of the following:

(a) Documentation that the organization conducting human embryonic stem cell derivation is conducting its activities in compliance with the requirements of section 27 of article I of the state constitution of 1963 and all relevant National Institutes of Health guidelines pertaining to embryonic stem cell derivation.

(b) A list of all human embryonic stem cell lines submitted by the organization to the National Institutes of Health for inclusion in the Human Embryonic Stem Cell Registry before and during fiscal year ~~2015-2016,~~ 2016-2017, and the status of each submission as approved, pending approval, or review completed but not yet accepted.

(c) Number of human embryonic stem cell lines derived and not submitted for inclusion in the Human Embryonic Stem Cell Registry, before and during fiscal year ~~2015-2016.~~2016-2017.

Sec. 274c. By February 1, ~~2017,~~ 2018, each university receiving funds under section 236 shall report to the senate and house appropriations subcommittees on higher education, the senate and house fiscal agencies, and the state budget director on its efforts to develop and implement sexual assault response training for the university’s title IX coordinator, campus law enforcement personnel, campus public safety personnel, and any other campus personnel charged with responding to on-campus incidents, including information on sexual assault response training materials and the status of implementing sexual assault response training for campus personnel.

SEC. 274D. BY OCTOBER 31, EACH UNIVERSITY RECEIVING FUNDS UNDER SECTION 236 SHALL REPORT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR ITS ANNUAL TITLE IX REPORT, ALSO KNOWN AS THE STUDENT SEXUAL MISCONDUCT REPORT, ISSUED BY THE TITLE IX COORDINATOR, AS REQUIRED UNDER THE FEDERAL CAMPUS SAVE ACT OF 2013, PUBLIC LAW 113-4, SECTION 304, 127, STAT 54, 89-92 (2013).

Sec. 275. (1) ~~It is the intent of the legislature that each~~ EACH public university that receives an appropriation in section 236 SHALL do all of the following:

(a) Meet the provisions of section 5003 of the post-911 veterans educational assistance act of 2008, 38 USC 3301 to ~~3325,~~ 3327, including voluntary participation in the Yellow Ribbon GI Education Enhancement Program established in that act in 38 USC 3317. By October 1 of each year, each public university shall report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the Michigan Association of State Universities on whether or not it has chosen to participate in the Yellow Ribbon GI Education Enhancement Program. If at any time during the fiscal year a university participating in the Yellow Ribbon Program chooses to leave the Yellow Ribbon Program, it shall notify the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the Michigan Association of State Universities.

(b) Establish an on-campus veterans’ liaison to provide information and assistance to all student veterans.

(d) Include in its admission application process a specific question as to whether an applicant for admission is a veteran, an active member of the military, a member of the National Guard or military reserves, or the spouse or dependent of a veteran, active member of the military, or member of the National Guard or military reserves, in order to more quickly identify potential educational assistance available to that applicant.

(e) Consider all veterans residents of this state for determining their tuition rates and fees.

(f) Waive enrollment fees for all veterans.

(2) By October 1 of each year, each public university shall report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the department of military and veterans affairs regarding services provided specifically to veterans and active military duty personnel, including, but not limited to, the services described in subsection (1).

(3) As used in this section, “veteran” means an honorably discharged veteran entitled to educational assistance under the provisions of section 5003 of the post-911 veterans educational assistance act of 2008, 38 USC 3301 to ~~3325.~~3327.

SEC. 275C. EACH UNIVERSITY RECEIVING FUNDS UNDER SECTION 236 SHALL PROVIDE STUDENTS WITH MATERIALS CONTAINING INFORMATION ABOUT MENINGOCOCCAL MENINGITIS AND THE VACCINE FOR MENINGOCOCCAL MENINGITIS, AS PROVIDED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES PURSUANT TO SECTION 9205A OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.9205A. THE MATERIALS SHALL CONTAIN INFORMATION ABOUT, AT A MINIMUM, THE CAUSES AND SYMPTOMS OF MENINGOCOCCAL MENINGITIS, HOW IT IS SPREAD, AND SOURCES WHERE STUDENTS MAY OBTAIN ADDITIONAL INFORMATION ABOUT MENINGOCOCCAL MENINGITIS AND WHERE THEY MAY OBTAIN VACCINATION AGAINST MENINGOCOCCAL MENINGITIS.

Sec. 276. (1) Included in the appropriation for fiscal year ~~2016-2017~~ 2017-2018 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool of academically or economically disadvantaged candidates pursuing faculty teaching careers in postsecondary education. Preference may not be given to applicants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage applications from applicants who would otherwise not adequately be represented in the graduate student and faculty populations. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the future faculty program.

(2) The program shall be administered by each public university in a manner prescribed by the workforce development agency. The workforce development agency shall use a good faith effort standard to evaluate whether a fellowship is in default.

Sec. 277. (1) Included in the appropriation for fiscal year ~~2016-2017~~ 2017-2018 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college day program that is intended to introduce academically or economically disadvantaged schoolchildren to the potential of a college education. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population.

(2) Individual program plans of each public university shall include a budget of equal contributions from this program, the participating public university, the participating school district, and the participating independent degree-granting college. College day funds shall not be expended to cover indirect costs. Not more than 20% of the university match shall be attributable to indirect costs. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the college day program.

(3) The program described in this section shall be administered by each public university in a manner prescribed by the workforce development agency.

Sec. 278. (1) Included in section 236 for fiscal year ~~2016‑2017~~ 2017-2018 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student support services program for developing academically or economically disadvantaged student retention programs for 4-year public and independent educational institutions in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the student population.

(2) An award made under this program to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis.

(3) The program described in this section shall be administered by the workforce development agency.

Sec. 279. (1) Included in section 236 for fiscal year ~~2016‑2017~~ 2017-2018 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university partnership program between 4-year public and independent colleges and universities and public community colleges, which is intended to increase the number of academically or economically disadvantaged students who transfer from community colleges into baccalaureate programs. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the transfer student population.

(2) The grants shall be made under the program described in this section to Michigan public and independent colleges and universities. An award to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis.

(3) The program described in this section shall be administered by the workforce development agency.

Sec. 280. (1) Included in the appropriation for fiscal year ~~2016-2017~~ 2017-2018 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks visiting professors program which is intended to increase the number of instructors in the classroom to provide role models for academically or economically disadvantaged students. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population.

(2) The program described in this section shall be administered by the workforce development agency.

Sec. 281. (1) Included in the appropriation for fiscal year ~~2016-2017~~ 2017-2018 in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the Morris Hood, Jr. educator development program which is intended to increase the number of academically or economically disadvantaged students who enroll in and complete K-12 teacher education programs at the baccalaureate level. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the teacher education student population.

(2) The program described in this section shall be administered by each state-approved teacher education institution in a manner prescribed by the workforce development agency.

(3) Approved teacher education institutions may and are encouraged to use student support services funding in coordination with the Morris Hood, Jr. funding to achieve the goals of the program described in this section.

Sec. 282. Each institution receiving funds for fiscal year ~~2016-2017~~ 2017-2018 under section 278, 279, or 281 shall ~~notify~~ PROVIDE TO the workforce development agency by April 15, ~~2017 as to whether it will expend by the end of its fiscal year~~ ~~the funds received under section 278, 279, or 281.~~ 2018 THE UNOBLIGATED AND UNEXPENDED FUNDS AS OF MARCH 31, 2018 AND A PLAN TO EXPEND THE REMAINING FUNDS BY THE END OF THE FISCAL YEAR. Notwithstanding the award limitations in sections 278 and 279, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 278, 279, or 281.

Sec. 283. (1) ~~From the amount appropriated in section~~ ~~236, the public universities shall systematically~~ USING THE DATA PROVIDED TO THE CENTER AS REQUIRED BY SECTION 244 OF THIS ACT, THE CENTER SHALL USE THE P-20 LONGITUDINAL DATA SYSTEM TO inform INTERESTED Michigan high schools AND THE PUBLIC regarding the AGGREGATE academic status of ITS students. ~~from each high school in a manner prescribed by~~ THE CENTER SHALL WORK WITH THE UNIVERSITIES AND the Michigan Association of State Universities AND in cooperation with the Michigan Association of Secondary School Principals. ~~Public universities shall also work with the center for educational~~ ~~performance and information to maintain a systematic approach for accomplishing this task.~~

(2) Michigan high schools shall systematically inform the public universities about the use of information received under this section in a manner prescribed by the Michigan Association of Secondary School Principals in cooperation with the Michigan Association of State Universities.

Sec. 284. ~~From the amount appropriated in section 236, the public universities~~ USING DATA PROVIDED TO THE CENTER AS REQUIRED BY SECTION 244 OF THIS ACT, THE CENTER shall USE THE P-20 LONGITUDINAL DATA SYSTEM TO inform Michigan community colleges regarding the academic status of community college transfer students. ~~in a manner prescribed by~~ THE CENTER SHALL WORK WITH THE UNIVERSITIES AND the Michigan Association of State Universities in cooperation with the Michigan Community College Association. ~~Public universities shall~~ ~~also work with the center for educational performance and information to maintain a systematic approach for accomplishing~~ ~~this task.~~

Enacting section 1. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2017-2018 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1891, is estimated at $1,514,998,000.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2017-2018 is estimated at $0.00.

Enacting section 2. Sections 236e and 286a of the state school aid act of 1979, 1979 PA 94, MCL 388.1836e and 388.1886a, are repealed effective October 1, 2017.

Enacting section 3. (1) Except as otherwise provided in subsection (2), this amendatory act takes effect October 1, 2017.

(2) Section 236e of the state school aid act of 1979, 1979 PA 94, MCL 388.1836e, as added by this amendatory act, takes effect upon enactment of this amendatory act.

Third: That the House and Senate agree to the title of the bill to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 236, 236a, 236b, 236c, 237b, 241, 244, 245, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 (MCL 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1844, 388.1845, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, and 388.1884), sections 236, 236a, 236b, 236c, 237b, 241, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended by 2016 PA 249, section 244 as amended by 2015 PA 85, and section 245 as amended by 2014 PA 196, and by adding sections 236e, 249, 250, 274d, and 275c; and to repeal acts and parts of acts.

Kimberly LaSata

Larry C. Inman

Jon Hoadley

Conferees for the House

Tonya Schuitmaker

Peter MacGregor

Conferees for the Senate

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

House Bill No. 4236, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2016 PA 249.

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229, 229a, and 230 (MCL 388.1801, 388.1801a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829, 388.1829a, and 388.1830), sections 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229a, and 230 as amended by 2016 PA 249 and section 229 as amended by 2015 PA 85; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 201. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for community colleges for the fiscal year ending September 30, ~~2017,~~ 2018, from the funds indicated in this section. The following is a summary of the appropriations in this section:

(a) The gross appropriation is ~~$395,925,600.00.~~ $399,326,500.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is ~~$395,925,600.00.~~$399,326,500.00.

(b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows:

(i) Total federal revenues, $0.00.

(ii) Total local revenues, $0.00.

(iii) Total private revenues, $0.00.

(iv) Total other state restricted revenues, ~~$260,414,800.00.~~$398,301,500.00.

(v) State general fund/general purpose money, ~~$135,510,800.00.~~$1,025,000.00.

(2) Subject to subsection (3), the amount appropriated for community college operations is ~~$315,892,000.00,~~ $319,050,900.00, allocated as follows:

(a) The appropriation for Alpena Community College is ~~$5,544,700.00, $5,464,400.00 for operations and $80,300.00~~ ~~for performance funding.~~$5,627,500.00, $5,596,200.00 FOR OPERATIONS AND $31,300.00 FOR PERFORMANCE FUNDING.

(b) The appropriation for Bay de Noc Community College is ~~$5,560,900.00, $5,490,200.00 for operations and $70,700.00~~ ~~for performance funding.~~$5,589,000.00, $5,560,900.00 FOR OPERATIONS AND $28,100.00 FOR PERFORMANCE FUNDING.

(c) The appropriation for Delta College is ~~$14,907,700.00, $14,704,000.00 for operations and $203,700.00 for performance~~ ~~funding.~~$14,990,700.00, $14,907,700.00 FOR OPERATIONS AND $83,000.00 FOR PERFORMANCE FUNDING.

(d) The appropriation for Glen Oaks Community College is ~~$2,586,900.00, $2,551,100.00 for operations and $35,800.00~~ ~~for performance funding.~~$2,601,400.00, $2,586,900.00 FOR OPERATIONS AND $14,500.00 FOR PERFORMANCE FUNDING.

(e) The appropriation for Gogebic Community College is ~~$4,577,800.00, $4,509,900.00 for operations and $67,900.00~~ ~~for performance funding.~~$4,715,400.00, $4,692,200.00 FOR OPERATIONS AND $23,200.00 FOR PERFORMANCE FUNDING.

(f) The appropriation for Grand Rapids Community College is ~~$18,450,500.00, $18,187,300.00 for operations and $263,200.00~~ ~~for performance funding.~~$18,556,800.00, $18,450,500.00 FOR OPERATIONS AND $106,300.00 FOR PERFORMANCE FUNDING.

(g) The appropriation for Henry Ford College is ~~$22,176,000.00, $21,893,300.00 for operations and $282,700.00 for~~ ~~performance funding.~~$22,299,200.00, $22,176,000.00 FOR OPERATIONS AND $123,200.00 FOR PERFORMANCE FUNDING.

(h) The appropriation for Jackson College is ~~$12,397,600.00, $12,245,300.00 for operations and $152,300.00 for performance~~ ~~funding.~~$12,590,100.00, $12,527,400.00 FOR OPERATIONS AND $62,700.00 FOR PERFORMANCE FUNDING.

(i) The appropriation for Kalamazoo Valley Community College is ~~$12,873,900.00, $12,689,400.00 for operations and~~ ~~$184,500.00 for performance funding.~~$12,948,700.00, $12,873,900.00 FOR OPERATIONS AND $74,800.00 FOR PERFORMANCE FUNDING.

(j) The appropriation for Kellogg Community College is ~~$10,087,500.00, $9,950,100.00 for operations and $137,400.00~~ ~~for performance funding.~~$10,143,600.00, $10,087,500.00 FOR OPERATIONS AND $56,100.00 FOR PERFORMANCE FUNDING.

(k) The appropriation for Kirtland Community College is ~~$3,270,000.00, $3,221,500.00 for operations and $48,500.00~~ ~~for performance funding.~~$3,289,400.00, $3,270,000.00 FOR OPERATIONS AND $19,400.00 FOR PERFORMANCE FUNDING.

(l) The appropriation for Lake Michigan College is ~~$5,492,800.00, $5,417,700.00 for operations and $75,100.00 for~~ ~~performance funding.~~$5,523,600.00, $5,492,800.00 FOR OPERATIONS AND $30,800.00 FOR PERFORMANCE FUNDING.

(m) The appropriation for Lansing Community College is ~~$31,677,300.00, $31,288,200.00 for operations and $389,100.00~~ ~~for performance funding.~~$32,324,200.00, $32,165,600.00 FOR OPERATIONS AND $158,600.00 FOR PERFORMANCE FUNDING.

(n) The appropriation for Macomb Community College is ~~$33,681,800.00, $33,239,500.00 for operations and $442,300.00~~ ~~for performance funding.~~$33,863,600.00, $33,681,800.00 FOR OPERATIONS AND $181,800.00 FOR PERFORMANCE FUNDING.

(o) The appropriation for Mid Michigan Community College is ~~$4,834,100.00, $4,757,700.00 for operations and $76,400.00~~ ~~for performance funding.~~$4,968,900.00, $4,937,400.00 FOR OPERATIONS AND $31,500.00 FOR PERFORMANCE FUNDING.

(p) The appropriation for Monroe County Community College is ~~$4,636,700.00, $4,565,600.00 for operations and $71,100.00~~ ~~for performance funding.~~$4,665,500.00, $4,636,700.00 FOR OPERATIONS AND $28,800.00 FOR PERFORMANCE FUNDING.

(q) The appropriation for Montcalm Community College is ~~$3,343,100.00, $3,280,600.00 for operations and $62,500.00~~ ~~for performance funding.~~$3,446,300.00, $3,426,700.00 FOR OPERATIONS AND $19,600.00 FOR PERFORMANCE FUNDING.

(r) The appropriation for C.S. Mott Community College is ~~$16,115,500.00, $15,901,700.00 for operations and $213,800.00~~ ~~for performance funding.~~$16,258,100.00, $16,167,200.00 FOR OPERATIONS AND $90,900.00 FOR PERFORMANCE FUNDING.

(s) The appropriation for Muskegon Community College is ~~$9,150,600.00, $9,020,700.00 for operations and $129,900.00~~ ~~for performance funding.~~$9,203,000.00, $9,150,600.00 FOR OPERATIONS AND $52,400.00 FOR PERFORMANCE FUNDING.

(t) The appropriation for North Central Michigan College is ~~$3,290,400.00, $3,224,800.00 for operations and $65,600.00~~ ~~for performance funding.~~$3,353,200.00, $3,330,200.00 FOR OPERATIONS AND $23,000.00 FOR PERFORMANCE FUNDING.

(u) The appropriation for Northwestern Michigan College is ~~$9,318,000.00, $9,200,500.00 for operations and $117,500.00~~ ~~for performance funding.~~$9,508,900.00, $9,459,800.00 FOR OPERATIONS AND $49,100.00 FOR PERFORMANCE FUNDING.

(v) The appropriation for Oakland Community College is ~~$21,770,900.00, $21,429,400.00 for operations and $341,500.00~~ ~~for performance funding.~~$21,905,700.00, $21,770,900.00 FOR OPERATIONS AND $134,800.00 FOR PERFORMANCE FUNDING.

(w) The appropriation for Schoolcraft College is ~~$12,909,300.00, $12,706,400.00 for operations and $202,900.00 for~~ ~~performance funding.~~$12,991,300.00, $12,909,300.00 FOR OPERATIONS AND $82,000.00 FOR PERFORMANCE FUNDING.

(x) The appropriation for Southwestern Michigan College is ~~$6,732,500.00, $6,657,600.00 for operations and $74,900.00~~ ~~for performance funding.~~$6,860,700.00, $6,827,000.00 FOR OPERATIONS AND $33,700.00 FOR PERFORMANCE FUNDING.

(y) The appropriation for St. Clair County Community College is ~~$7,259,300.00, $7,158,000.00 for operations and $101,300.00~~ ~~for performance funding.~~$7,300,100.00, $7,259,300.00 FOR OPERATIONS AND $40,800.00 FOR PERFORMANCE FUNDING.

(z) The appropriation for Washtenaw Community College is ~~$13,534,000.00, $13,301,100.00 for operations and $232,900.00~~ ~~for performance funding.~~$13,631,400.00, $13,534,000.00 FOR OPERATIONS AND $97,400.00 FOR PERFORMANCE FUNDING.

(aa) The appropriation for Wayne County Community College is ~~$17,234,200.00, $16,989,800.00 for operations and~~ ~~$244,400.00 for performance funding.~~$17,338,300.00, $17,234,200.00 FOR OPERATIONS AND $104,100.00 FOR PERFORMANCE FUNDING.

(bb) The appropriation for West Shore Community College is ~~$2,478,000.00, $2,446,200.00 for operations and $31,800.00~~ ~~for performance funding.~~$2,556,300.00, $2,540,000.00 FOR OPERATIONS AND $16,300.00 FOR PERFORMANCE FUNDING.

(3) The amount appropriated in subsection (2) for community college operations is $319,050,900.00 AND IS appropriated from the ~~following:~~

~~(a) State~~ STATE school aid fund. ~~, $185,481,200.00.~~

~~(b) State general fund/general purpose money, $130,410,800.00.~~

(4) From the appropriations described in subsection (1), ~~subject~~ BOTH OF THE FOLLOWING APPLY:

(A) SUBJECT to section 207a, the amount appropriated for fiscal year ~~2016-2017~~ 2017-2018 to offset certain fiscal year ~~2016‑ 2017~~ 2017-2018 retirement contributions is $1,733,600.00, appropriated from the state school aid fund.

(B) FOR FISCAL YEAR 2017-2018 ONLY, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $3,612,000.00 FOR PAYMENTS TO PARTICIPATING COMMUNITY COLLEGES, APPROPRIATED FROM THE STATE SCHOOL AID FUND. A COMMUNITY COLLEGE THAT RECEIVES MONEY UNDER THIS SUBDIVISION SHALL USE THAT MONEY SOLELY FOR THE PURPOSE OF OFFSETTING THE NORMAL COST CONTRIBUTION RATE.

(5) From the appropriations described in subsection (1), subject to section 207b, the amount appropriated for payments to community colleges that are participating entities of the retirement system is ~~$73,200,000.00,~~ $70,805,000.00, appropriated from the state school aid fund.

(6) From the appropriations described in subsection (1), subject to section 207c, the amount appropriated for renaissance zone tax reimbursements is ~~$5,100,000.00,~~ $3,100,000.00, appropriated from ~~general fund/general purpose money.~~THE STATE SCHOOL AID FUND.

(7) FROM THE APPROPRIATIONS DESCRIBED IN SUBSECTION (1), THERE IS APPROPRIATED $1,025,000.00 FROM GENERAL FUND/GENERAL PURPOSE MONEY, FOR FISCAL YEAR 2017-2018 ONLY, TO THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION, FOR THE PURPOSE OF ENHANCING THE MICHIGAN TRANSFER NETWORK WEBSITE TO IMPROVE THE TRANSFER OF COLLEGE CREDIT AMONG MICHIGAN’S POSTSECONDARY INSTITUTIONS. THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION SHALL PROVIDE INFORMATION ON REQUEST TO THE HOUSE AND SENATE SUBCOMMITTEES ON COMMUNITY COLLEGES, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR ON THE USE OF THESE FUNDS UNTIL THE PROJECT IS COMPLETED.

Sec. 201a. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, ~~2018~~ 2019 for the items listed in section 201. The fiscal year ~~2017-2018~~ 2018-2019 appropriations are anticipated to be the same as those for fiscal year ~~2016-2017,~~ 2017-2018, except that the amounts will be adjusted for changes in retirement costs, caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January ~~2017~~ 2018 consensus revenue estimating conference.

Sec. 203. Unless otherwise specified, a community college that receives appropriations in section 201, the workforce development agency, and the center shall use the ~~Internet~~ INTERNET to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an ~~Internet~~ INTERNET or ~~Intranet~~ INTRANET site.

Sec. 206. (1) The funds appropriated in section 201 are appropriated for community colleges with fiscal years ending June 30, ~~2017~~ 2018 and shall be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, ~~2016.~~ 2017. Each community college shall accrue its July and August ~~2017~~ 2018 payments to its institutional fiscal year ending June 30, ~~2017. However, if~~ 2018.

(2) IF the state budget director determines that a community college failed to submit ~~all verified Michigan community colleges~~ ~~activities classification structure data for school year 2015-2016 to the center by November 1, 2016, or failed to submit its~~ ~~longitudinal data system data set for school year 2015-2016 to the center under section 219,~~ ANY OF THE INFORMATION DESCRIBED IN SUBDIVISIONS (A) TO (F) IN THE FORM AND MANNER SPECIFIED BY THE CENTER, the state treasurer shall, SUBJECT TO SUBDIVISION (G), withhold the monthly installments from that community college until those data are submitted: .

(A) ALL VERIFIED MICHIGAN COMMUNITY COLLEGES ACTIVITIES CLASSIFICATION STRUCTURE DATA FOR THE PRECEDING ACADEMIC YEAR TO THE CENTER BY NOVEMBER 1 OF EACH YEAR AS SPECIFIED IN SECTION 217.

(B) THE COLLEGE CREDIT OPPORTUNITY DATA SET AS SPECIFIED IN SECTION 209.

(C) THE LONGITUDINAL DATA SET FOR THE PRECEDING ACADEMIC YEAR TO THE CENTER AS SPECIFIED IN SECTION 219.

(D) THE ANNUAL INDEPENDENT AUDIT AS SPECIFIED IN SECTION 222.

(E) TUITION AND MANDATORY FEES INFORMATION FOR THE CURRENT ACADEMIC YEAR AS SPECIFIED IN SECTION 225.

(F) THE NUMBER AND TYPE OF ASSOCIATE DEGREES AND OTHER CERTIFICATES AWARDED DURING THE PREVIOUS ACADEMIC YEAR AS SPECIFIED IN SECTION 226.

(G) The state budget director shall notify the chairs of the house and senate appropriations subcommittees on community colleges at least 10 days before withholding funds from any community college.

Sec. 207a. All of the following apply to the allocation of the fiscal year ~~2016-2017~~ 2017-2018 appropriations described in section 201(4):

(a) A community college that receives money under section 201(4) shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the college for that fiscal year.

(b) The amount allocated to each participating community college under section 201(4) shall be based on each college’s percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year.

Sec. 207b. All of the following apply to the allocation of the fiscal year ~~2016-2017~~ 2017-2018 appropriations described in section 201(5) for payments to community colleges that are participating entities of the retirement system:

(a) The amount of a payment under section 201(5) shall be the difference between the unfunded actuarial accrued liability contribution rate as calculated under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, AS CALCULATED WITHOUT TAKING INTO ACCOUNT THE MAXIMUM EMPLOYER RATE OF 20.96% INCLUDED IN SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341.

(b) The amount allocated to each community college under section 201(5) shall be based on each community college’s percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year. A community college that receives funds under this subdivision shall use the funds solely for the purpose of retirement contributions under section 201(5).

(c) Each participating college that receives funds under section 201(5) shall forward an amount equal to the amount allocated under subdivision (b) to the retirement system in a form and manner determined by the retirement system.

Sec. 207c. All of the following apply to the allocation of the appropriations described in section 201(6) to community colleges described in section 12(3) of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692:

(a) The amount allocated to each community college under section 201(6) for fiscal year ~~2016-2017~~ 2017-2018 shall be based on that community college’s proportion of total revenue lost by community colleges as a result of the exemption of property taxes levied in ~~2016~~ 2017 under the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696.

(b) The appropriations described in section 201(6) shall be made to each eligible community college within 60 days after the department of treasury certifies to the state budget director that it has received all necessary information to properly determine the amounts payable to each eligible community college under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692.

Sec. 209. (1) Within 30 days after the board of a community college adopts its annual operating budget for the following fiscal year, or after the board adopts a subsequent revision to that budget, the community college shall make all of the following available through a link on its website homepage:

(a) The annual operating budget and subsequent budget revisions.

(b) A link to the most recent “Activities Classification Structure Data Book and Companion”.

(c) General fund revenue and expenditure projections for THE CURRENT fiscal year ~~2016-2017~~ and THE NEXT fiscal year. ~~2017-2018.~~

(d) A listing of all debt service obligations, detailed by project, anticipated fiscal year ~~2016-2017~~ payment of each project, and total outstanding debt FOR THE CURRENT FISCAL YEAR.

~~(e) The estimated cost to the community college resulting from the patient protection and affordable care act, Public~~ ~~Law~~ ~~111~~‑~~148, as amended by the health care and education reconciliation act of 2010, Public Law 111-152.~~

(E) ~~(f)~~ Links to all of the following for the community college:

(i) The current collective bargaining agreement for each bargaining unit.

(iii) Audits and financial reports for the most recent fiscal year for which they are available.

(iv) A copy of the board of trustees resolution regarding compliance with best practices for the local strategic value component described in section 230(2).

(2) For statewide consistency and public visibility, community colleges must use the icon badge provided by the department of technology, management, and budget consistent with the icon badge developed by the department of education for K-12 school districts. It must appear on the front of each community college’s homepage. The size of the icon may be reduced to 150 x 150 pixels.

(3) The state budget director shall determine whether a community college has complied with this section. The state budget director may withhold a community college’s monthly installments described in section 206 until the community college complies with this section. The state budget director shall notify the chairs of the house and senate appropriations subcommittee on community colleges at least 10 days before withholding funds from any community college.

(4) Each community college shall report the following information to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget office by November 15 of each fiscal year and post that information on its website as required under subsection (1):

(a) Budgeted CURRENT fiscal year ~~2016-2017~~ general fund revenue from tuition and fees.

(b) Budgeted CURRENT fiscal year ~~2016-2017~~ general fund revenue from state appropriations.

(d) Budgeted CURRENT fiscal year ~~2016-2017~~ total general fund revenue.

(e) Budgeted CURRENT fiscal year ~~2016-2017~~ total general fund expenditures.

(5) By November 15 of each year, a community college shall report the following information to the center and post the information on its website under the budget transparency icon badge:

(a) Opportunities for earning college credit through the following programs:

(i) State approved career and technical education or a tech prep articulated program of study.

(ii) Direct college credit or concurrent enrollment.

(iii) Dual enrollment.

(iv) An early college/middle college program.

(b) For each program described in subdivision (a) that the community college offers, all of the following information:

(i) The number of high school students participating in the program.

(ii) The number of school districts that participate in the program with the community college.

(iii) Whether a college professor, qualified local school district employee, or other individual teaches the course or courses in the program.

(iv) The total cost to the community college to operate the program.

(v) The cost per credit hour for the course or courses in the program.

(vi) The location where the course or courses in the program are held.

(vii) Instructional resources offered to the program instructors.

(viii) Resources offered to the student in the program.

(ix) Transportation services provided to students in the program.

Sec. 210b. By March 1, ~~2017,~~ 2018, the Michigan Community College Association and the Michigan Association of State Universities shall submit a report to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget director ~~that includes~~ ON THE ACTIVITIES AND PROGRAMS OF THE TRANSFER STEERING COMMITTEE SINCE THE MARCH 1, 2017 REPORT REQUIRED UNDER THIS SECTION, INCLUDING all of the following:

~~(a) A progress report on the implementation of the Michigan transfer agreement developed by the study committee created~~ ~~under former section~~ ~~210a, including an update on progress made on outstanding concerns identified in the March 1, 2016~~ ~~implementation update.~~

~~(b) A report on improvements to articulation and credit transfer policies among and between all sectors of postsecondary~~ ~~education in this state. The report shall identify areas of progress since the March 1, 2016 report required by former section 210c,~~ ~~including all of the following:~~

(i~~) Identifying effective policies and practices developed by other states.~~

(ii~~) Developing specific pathways, where advisable, that meet program requirements for both associate’s and bachelor’s~~ ~~degree programs.~~

(A) THE ALIGNMENT OF LEARNING OUTCOMES IN GATEWAY MATHEMATICS COURSES IN THE QUANTITATIVE REASONING, COLLEGE ALGEBRA, AND STATISTICS PATHWAYS AND THE TRANSFERABILITY OF MATHEMATICS GATEWAY COURSES BETWEEN AND AMONG COMMUNITY COLLEGES AND UNIVERSITIES.

(B) THE DEVELOPMENT OF PROGRAM-SPECIFIC, STATEWIDE TRANSFER PATHWAYS THAT MEET PROGRAM REQUIREMENTS FOR BOTH ASSOCIATE AND BACHELOR’S DEGREE PROGRAMS.

(C) (~~iii) Creating~~ THE DEVELOPMENT OF an enhanced online communication tool to share information about postsecondary options in Michigan, ~~particularly clearly articulating~~ COURSE EQUIVALENCIES, AND transfer pathways THAT ARE CLEARLY ARTICULATED.

(D) (iv~~) Establishing~~ THE ESTABLISHMENT OF clear timelines for ~~finalizing~~ DEVELOPING AND IMPLEMENTING transfer pathways.

(E) A PROGRESS REPORT ON THE IMPLEMENTATION OF THE MICHIGAN TRANSFER AGREEMENT.

Sec. 217. (1) The center shall do all of the following:

(a) Establish, maintain, and coordinate the state community college database commonly known as the “activities classification structure” or “ACS” database.

(b) Collect data concerning community colleges and community college programs in this state, including data required by law.

(d) Develop model data collection policies, including, but not limited to, policies that ensure the privacy of any individual student data. Privacy policies shall ensure that student social security numbers are not released to the public for any purpose.

(e) Provide data in a useful manner to allow state policymakers and community college officials to make informed policy decisions.

~~(f) Assist community colleges in complying with audits under this section or federal law.~~

(2) There is created within the center the activities classification structure advisory committee. The committee shall provide advice to the director of the center regarding the management of the state community college database, including, but not limited to:

(a) Determining what data are necessary to collect and maintain to enable state and community college officials to make informed policy decisions.

(b) Defining the roles of all stakeholders in the data collection system.

(d) Establishing and maintaining data definitions, data transmission protocols, and system specifications and procedures for the efficient and accurate transmission and collection of data.

(e) Establishing and maintaining a process for ensuring the accuracy of the data.

(f) Establishing and maintaining policies related to data collection, including, but not limited to, privacy policies related to individual student data.

(g) Ensuring that the data are made available to state policymakers and citizens of this state in the most useful format possible.

(h) Addressing other matters as determined by the director of the center or as required by law.

(3) The activities classification structure advisory committee created in subsection (2) shall consist of the following members:

(a) One representative from the house fiscal agency, appointed by the director of the house fiscal agency.

(b) One representative from the senate fiscal agency, appointed by the director of the senate fiscal agency.

(c) One representative from the workforce development agency, appointed by the director of the workforce development agency.

(d) One representative from the center appointed by the director of the center.

(e) One representative from the state budget office, appointed by the state budget director.

(f) One representative from the governor’s policy office, appointed by that office.

(g) Four representatives of the Michigan Community College Association, appointed by the president of the association. From the groupings of community colleges given in table 17 of the activities classification structure database described in subsection (1), the association shall appoint 1 representative each from group 1, group 2, and group 3, and 1 representative from either group 3 or 4.

Sec. 222. Each community college shall have an annual audit of all income and expenditures performed by an independent auditor and shall furnish the independent auditor’s management letter and an annual audited accounting of all general and current funds income and expenditures including audits of college foundations to the CENTER BEFORE NOVEMBER 15 OF EACH YEAR. THE CENTER SHALL PROVIDE THIS INFORMATION TO members of the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, the auditor general, the workforce development agency, ~~the center,~~ and the state budget director. ~~before November 15 of each year.~~ If a community college fails to furnish the audit materials, the monthly state aid installments shall be withheld from that college until the information is submitted. All reporting shall conform to the requirements set forth in the “2001 Manual for Uniform Financial Reporting, Michigan Public Community Colleges”. A community college shall make the information the community college is required to provide under this section available to the public on its website.

Sec. 223. (1) By February 15 of each year, the department of civil rights shall annually submit to the state budget director, the house and senate appropriations subcommittees on community colleges, and the house and senate fiscal agencies a report on North American Indian tuition waivers for the preceding ~~fiscal~~ ACADEMIC year that includes, but is not limited to, all of the following information:

(a) The number of waiver applications received and the number of waiver applications approved.

(b) For each community college submitting information under subsection (2), all of the following:

(i) The number of North American Indian students enrolled each term for the previous ~~fiscal~~ ACADEMIC year.

(ii) The number of North American Indian waivers granted each term, INCLUDING CONTINUING EDUCATION STUDENTS, and the monetary value of the waivers for the previous ~~fiscal~~ ACADEMIC year.

(iii) The number of students attending under a North American Indian tuition waiver who withdrew from the college EACH TERM during the previous ~~fiscal~~ ACADEMIC year. FOR PURPOSES OF THIS SUBPARAGRAPH, A WITHDRAWAL OCCURS WHEN A STUDENT WHO HAS BEEN AWARDED THE WAIVER WITHDRAWS FROM THE INSTITUTION AT ANY POINT DURING THE TERM, REGARDLESS OF ENROLLMENT IN SUBSEQUENT TERMS.

(iv) The number of students attending under a North American Indian tuition waiver who successfully complete a degree or certificate program, separated by degree or certificate level, and the graduation rate for students attending under a North American Indian tuition waiver who complete a degree OR CERTIFICATE within 150% of the normal time to complete, separated by the level of the degree OR CERTIFICATE.

(2) A community college that receives funds under section 201 shall provide to the department of civil rights any information necessary for preparing the report described in subsection (1), using guidelines and procedures developed by the department of civil rights.

(3) The department of civil rights may consolidate the report required under this section with the report required under section 268, but a consolidated report must separately identify data for universities and data for community colleges.

Sec. 224. ~~A community college~~ USING THE DATA PROVIDED BY THE COMMUNITY COLLEGES AS REQUIRED UNDER SECTION 219 OF THIS ACT, THE CENTER shall use the P-20 longitudinal data system to inform interested Michigan high schools and the public of the aggregate academic status of its students for the previous academic year. ~~, in~~ ~~a manner prescribed by~~ THE CENTER SHALL WORK WITH the Michigan Community College Association and in cooperation with the Michigan Association of Secondary School Principals. Community colleges shall cooperate with the center to maintain a systematic approach for accomplishing this work.

Sec. 225. Each community college shall report to ~~the house and senate fiscal agencies, the state budget director, and~~ the center by August 31 ~~, 2016,~~ OF EACH YEAR the tuition and mandatory fees paid by a full-time in-district student and a full-time out-of‑district student as established by the college governing board for the ~~2016-2017~~ CURRENT academic year. This report should also include the annual cost of attendance based on a full-time course load of 30 credits. Each community college shall also report any revisions to the reported ~~2016-2017~~ CURRENT academic year tuition and mandatory fees adopted by the college governing board to ~~the house and senate fiscal agencies, the state budget director, and~~ the center within 15 days of being adopted. THE CENTER SHALL PROVIDE THIS INFORMATION AND ANY REVISIONS TO THE HOUSE AND SENATE FISCAL AGENCIES AND THE STATE BUDGET DIRECTOR.

Sec. 226. Each community college shall report to the center the numbers and type of associate degrees and other certificates awarded BY THE COMMUNITY COLLEGE during the previous fiscal year. The report shall be made not later than November 15 of each year. Community colleges shall work with the center to develop a systematic approach for meeting this requirement USING THE P-20 LONGITUDINAL DATA SYSTEM.

Sec. 229. (1) Each community college that receives an appropriation in section 201 is expected to include in its admission application process a specific question as to whether an applicant for admission has ever served or is currently serving in the United States ~~armed forces~~ ARMED FORCES or is the spouse or dependent of an individual who has served or is currently serving in the United States ~~armed forces,~~ ARMED FORCES, in order to more quickly identify potential educational assistance available to that applicant.

(2) It is expected that each public community college that receives an appropriation in section 201 shall work with the house and senate community college subcommittees, the Michigan Community College Association, and veterans groups to review the issue of in‑district tuition for veterans of this state when determining tuition rates and fees.

Sec. 229a. Included in the fiscal year ~~2016-2017~~ 2017-2018 appropriations for the department of technology, management, and budget are appropriations totaling ~~$30,879,600.00~~ $30,879,600.00 to provide funding for the state share of costs for previously constructed capital projects for community colleges. Those appropriations for state building authority rent represent additional state general fund support for community colleges, and the following is an estimate of the amount of that support to each community college:

(a) Alpena Community College, ~~$632,500.00.~~$630,000.00.

(b) Bay de Noc Community College,~~$685,100.00.~~$682,400.00.

(d) Glen Oaks Community College, ~~$124,500.00.~~$124,000.00.

(e) Gogebic Community College, ~~$56,700.00.~~$56,400.00.

(f) Grand Rapids Community College, ~~$2,083,500.00.~~$2,075,300.00.

(g) Henry Ford College, ~~$1,040,300.00.~~$1,036,200.00.

(h) Jackson College, ~~$2,273,800.00.~~$2,264,800.00.

(i) Kalamazoo Valley Community College, ~~$2,030,900.00.~~$1,957,400.00.

(j) Kellogg Community College, ~~$526,200.00.~~$524,100.00.

(k) Kirtland Community College, ~~$367,300.00.~~$365,900.00.

(l) Lake Michigan College, ~~$344,100.00.~~$342,700.00.

(m) Lansing Community College, ~~$1,154,600.00.~~$1,150,000.00.

(n) Macomb Community College, ~~$1,715,700.00.~~$1,662,100.00.

(o) Mid Michigan Community College, ~~$1,634,300.00.~~$1,627,800.00.

(p) Monroe County Community College, ~~$1,278,100.00.~~$1,273,000.00.

(q) Montcalm Community College, ~~$982,600.00.~~$978,700.00.

(r) C.S. Mott Community College, ~~$1,497,600.00.~~$1,817,300.00.

(s) Muskegon Community College, ~~$623,500.00.~~$570,500.00.

(t) North Central Michigan College, ~~$417,900.00.~~$416,300.00.

(u) Northwestern Michigan College, ~~$1,320,600.00.~~$1,315,400.00.

(v) Oakland Community College, ~~$470,500.00.~~$468,700.00.

(w) Schoolcraft College, ~~$1,564,400.00.~~$1,558,300.00.

(x) Southwestern Michigan College, ~~$574,800.00.~~$531,700.00.

(y) St. Clair County Community College, ~~$360,200.00.~~$358,800.00.

(z) Washtenaw Community College, ~~$1,696,000.00.~~$1,689,300.00.

(aa) Wayne County Community College, ~~$1,479,400.00.~~$1,473,600.00.

(bb) West Shore Community College, ~~$583,900.00.~~$581,600.00.

Sec. 230. (1) Money included in the appropriations for community college operations under section 201(2) in fiscal year ~~2016-2017~~ 2017-2018 for performance funding is distributed based on the following formula:

(a) Allocated proportionate to fiscal year ~~2015-2016~~ 2016-2017 base appropriations, 30%.

(b) Based on a weighted student contact hour formula as provided for in the 2016 recommendations of the performance indicators task force, 30%.

(c) Based on the performance improvement as provided for in the 2016 recommendations of the performance indicators task force, 10%.

(d) Based on the performance completion number as provided for in the 2016 recommendations of the performance indicators task force, 10%.

(e) Based on the performance completion rate as provided for in the 2016 recommendations of the performance indicators task force, 10%.

(f) Based on administrative costs, 5%.

(g) Based on the local strategic value component, as developed in cooperation with the Michigan Community College Association and described in subsection (2), 5%.

(2) Money included in the appropriations for community college operations under section 201(2) for local strategic value shall be allocated to each community college that certifies to the state budget director, through a board of trustees resolution on or before October 15, ~~2016,~~ 2017, that the college has met 4 out of 5 best practices listed in each category described in subsection (3). The resolution shall provide specifics as to how the community college meets each best practice measure within each category. One‑third of funding available under the strategic value component shall be allocated to each category described in subsection (3). Amounts distributed under local strategic value shall be on a proportionate basis to each college’s fiscal year ~~2015-2016~~ 2016‑2017 operations funding. Payments to community colleges that qualify for local strategic value funding shall be distributed with the November installment payment described in section 206.

(3) For purposes of subsection (2), the following categories of best practices reflect functional activities of community colleges that have strategic value to the local communities and regional economies:

(a) For Category A, economic development and business or industry partnerships, the following:

(i) The community college has active partnerships with local employers including hospitals and health care providers.

(ii) The community college provides customized on-site training for area companies, employees, or both.

(iii) The community college supports entrepreneurship through a small business assistance center or other training or consulting activities targeted toward small businesses.

(iv) The community college supports technological advancement through industry partnerships, incubation activities, or operation of a Michigan technical education center or other advanced technology center.

(v) The community college has active partnerships with local or regional workforce and economic development agencies.

(b) For Category B, educational partnerships, the following:

(i) The community college has active partnerships with regional high schools, intermediate school districts, and career‑tech centers to provide instruction through dual enrollment, concurrent enrollment, direct credit, middle college, or academy programs.

(ii) The community college hosts, sponsors, or participates in enrichment programs for area K-12 students, such as college days, summer or after-school programming, or Science Olympiad.

(iii) The community college provides, supports, or participates in programming to promote successful transitions to college for traditional age students, including grant programs such as talent search, upward bound, or other activities to promote college readiness in area high schools and community centers.

(iv) The community college provides, supports, or participates in programming to promote successful transitions to college for new or reentering adult students, such as adult basic education, a high school equivalency test preparation program and testing, or recruiting, advising, or orientation activities specific to adults. As used in this subparagraph, “high school equivalency test preparation program” means that term as defined in section 4.

(v) The community college has active partnerships with regional 4-year colleges and universities to promote successful transfer, such as articulation, 2+2, or reverse transfer agreements or operation of a university center.

(i) The community college provides continuing education programming for leisure, wellness, personal enrichment, or professional development.

(ii) The community college operates or sponsors opportunities for community members to engage in activities that promote leisure, wellness, cultural or personal enrichment such as community sports teams, theater or musical ensembles, or artist guilds.

(iii) The community college operates public facilities to promote cultural, educational, or personal enrichment for community members, such as libraries, computer labs, performing arts centers, museums, art galleries, or television or radio stations.

(iv) The community college operates public facilities to promote leisure or wellness activities for community members, including gymnasiums, athletic fields, tennis courts, fitness centers, hiking or biking trails, or natural areas.

(v) The community college promotes, sponsors, or hosts community service activities for students, staff, or community members.

(4) Payments for performance funding under section 201(2) shall be made to a community college only if that community college actively participates in the Michigan Transfer Network sponsored by the Michigan Association of Collegiate Registrars and Admissions Officers and submits timely updates, including updated course equivalencies at least every 6 months, to the Michigan transfer network. The state budget director shall determine if a community college has not satisfied this requirement. The state budget director may withhold payments for performance funding until a community college is in compliance with this section.

Enacting section 1. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for community colleges for fiscal year 2017-2018 under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, is estimated at $399,326,500.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2017-2018 is estimated at $399,326,500.00.

Enacting section 2. Section 210e of the state school aid act of 1979, 1979 PA 94, MCL 388.1810e, is repealed effective October 1, 2017.

Enacting section 3. This amendatory act takes effect October 1, 2017.

Third: That the House and Senate agree to the title of the bill to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229, 229a, and 230 (MCL 388.1801, 388.1801a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829, 388.1829a, and 388.1830), sections 201, 201a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 223, 224, 225, 226, 229a, and 230 as amended by 2016 PA 249 and section 229 as amended by 2015 PA 85; and to repeal acts and parts of acts.

Chris Afendoulis

Steve Marino

Henry Yanez

Conferees for the House

Darwin L. Booher

Tonya Schuitmaker

David Knezek

Conferees for the Senate

Reports of Standing Committees

The Committee on Judiciary, by Rep. Runestad, Chair, reported

House Bill No. 4312, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 937, 940, and 946 (MCL 600.937, 600.940, and 600.946) and by adding section 945.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Runestad, Howrylak, Cole, Hornberger, LaFave and Greimel

Nays: Reps. Guerra and Sowerby

The Committee on Judiciary, by Rep. Runestad, Chair, reported

Senate Bill No. 219, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 4, 5a, 5b, 5j, 5l, 5o, 6, and 8 (MCL 28.421, 28.424, 28.425a, 28.425b, 28.425j, 28.425l, 28.425o, 28.426, and 28.428), section 1 as amended by 2016 PA 301, sections 4, 5a, 5j, and 5l as amended by 2015 PA 3, sections 5b and 8 as amended by 2015 PA 207, section 5o as amended by 2015 PA 206, and section 6 as added by 2005 PA 242; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Guerra and Sowerby

Nays: None

The Committee on Judiciary, by Rep. Runestad, Chair, reported

Senate Bill No. 223, entitled

A bill to require the creation and maintenance of certain law enforcement officer personnel records; to prescribe the information that may be contained in the personnel records; to permit law enforcement officers to review the personnel records; and to provide for immunity from civil liability to law enforcement agencies in certain circumstances.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Guerra and Sowerby

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 6, 2017

Present: Reps. Runestad, Theis, Howrylak, Cole, Hornberger, LaFave, Greimel, Robinson, Guerra and Sowerby

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

House Bill No. 4396, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Tedder, Maturen, Kesto, Lucido, Vaupel, Kahle, Lower, Byrd and Ellison

Nays: Reps. Howrylak and Johnson

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

House Bill No. 4420, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Tedder, Maturen, Kesto, Lucido, Vaupel, Kahle, Byrd, Neeley, Ellison and Hammoud

Nays: Reps. Howrylak, Johnson and Lower

The Committee on Tax Policy, by Rep. Tedder, Chair, reported

Senate Bill No. 380, entitled

A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 15, 16, and 17 (MCL 123.1354, 123.1355, 123.1356, and 123.1357), sections 14 and 17 as amended by 2016 PA 124.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Tedder, Maturen, Howrylak, Kesto, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley, Ellison and Hammoud

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tedder, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Tedder, Maturen, Howrylak, Kesto, Lucido, Vaupel, Johnson, Kahle, Lower, Byrd, Neeley, Ellison and Hammoud

The Committee on Appropriations, by Rep. Cox, Chair, reported

House Bill No. 4320, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford and Yaroch

Nays: Reps. Durhal, Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana

The Committee on Appropriations, by Rep. Cox, Chair, reported

Senate Bill No. 76, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2017; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cox, VerHeulen, Kelly, Pagel, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, LaSata, Marino, VanSingel, Cochran and Faris

Nays: Reps. Victory, Hernandez, Whiteford, Yaroch, Durhal, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Cox, VerHeulen, Kelly, Pagel, Victory, Afendoulis, Bizon, Canfield, Inman, Miller, Allor, Brann, Hernandez, LaSata, Marino, VanSingel, Whiteford, Yaroch, Durhal, Cochran, Faris, Kosowski, Yanez, Hoadley, Pagan, LaGrand, Peterson, Rabhi and Santana

The Committee on Regulatory Reform, by Rep. Iden, Chair, reported

House Bill No. 4608, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404 (MCL 339.2404), as amended by 2014 PA 176.

Without amendment and with the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga and Reilly

Nays: Reps. Moss, Dianda, Chirkun, Liberati, Love and Jones

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Iden, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Iden, Bellino, Crawford, Leutheuser, Theis, Webber, Griffin, Hauck, Hoitenga, Reilly, Moss, Dianda, Chirkun, Liberati, Love and Jones

The Committee on Local Government, by Rep. Lower, Chair, reported

House Bill No. 4105, entitled

A bill to prohibit local units of government from enacting or enforcing any law, ordinance, policy, or rule that limits local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain local officers, officials, and employees; to provide for certain reporting requirements; and to prescribe penalties.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick and Hauck

Nays: Reps. Green, Moss, Ellison and Sabo

The Committee on Local Government, by Rep. Lower, Chair, reported

House Bill No. 4334, entitled

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick and Hauck

Nays: Reps. Green, Moss, Ellison and Sabo

The Committee on Local Government, by Rep. Lower, Chair, reported

House Bill No. 4616, entitled

A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols, other firearms, or pneumatic guns, ammunition for pistols or other firearms, or components of pistols or other firearms,” (MCL 123.1101 to 123.1105) by amending the title, as amended by 2015 PA 29, and by adding sections 4a, 4b, and 4c.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick and Hauck

Nays: Reps. Green, Moss, Ellison and Sabo

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Lower, Chair, of the Committee on Local Government, was received and read:

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Lower, Crawford, Runestad, Howell, Alexander, Frederick, Hauck, Green, Moss, Ellison and Sabo

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair, of the Committee on Natural Resources, was received and read:

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Howell, LaFave, Maturen, Bellino, Rendon, VanderWall, Sowerby, Chang and Greig

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vaupel, Chair, of the Committee on Health Policy, was received and read:

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Vaupel, Tedder, Graves, Garcia, Sheppard, Calley, Farrington, Hauck, Hornberger, Kahle, Noble, Brinks, Schor, Neeley, Hammoud and Hertel

Absent: Rep. Garrett

Excused: Rep. Garrett

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hughes, Chair, of the Committee on Tourism and Outdoor Recreation, was received and read:

Meeting held on: Wednesday, June 7, 2017

Present: Reps. Hughes, VanderWall, Sheppard, Dianda and Clemente

Messages from the Senate

Senate Bill No. 343, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278c (MCL 380.1278c), as added by 2014 PA 288.

The Senate has passed the bill.

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

Senate Bill No. 344, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.

The Senate has passed the bill.

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

Senate Bill No. 381, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 28 of chapter V (MCL 765.28), as amended by 2004 PA 332.

The Senate has passed the bill.

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

Notices

May 18, 2017

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

PO Box 30014

Lansing, MI 48909

Dear Mr. Clerk,

Pursuant to Public Act 368 of 1978, I appoint Michigan State Representative Jeff Yaroch to serve as an ex-officio member of the Emergency Medical Services Coordination Committee.

Sincerely,

Tom Leonard

State Representative

93rd District

Messages from the Governor

Date: June 7, 2017

Time: 11:13 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4131 (Public Act No. 43, I.E.), being

An act to amend 1994 PA 350, entitled “An act to provide for the forfeiture of retirement benefits by public employees under certain circumstances; to prescribe the powers and duties of certain retirement systems, state departments, courts, public officials, and public employees; and to prescribe penalties and provide remedies,” by amending sections 2, 3, 4, and 5 (MCL 38.2702, 38.2703, 38.2704, and 38.2705), sections 2, 4, and 5 as amended by 1996 PA 467, and by adding section 4a.

(Filed with the Secretary of State June 7, 2017, at 1:30 p.m.)

Date: June 7, 2017

Time: 11:15 a.m.

To the Speaker of the House of Representatives:

Sir—I have this day approved and signed

Enrolled House Bill No. 4058 (Public Act No. 44, I.E.), being

An act to amend 1992 PA 147, entitled “An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units,” by amending section 13 (MCL 207.783), as amended by 2005 PA 339; and to repeal acts and parts of acts.

(Filed with the Secretary of State June 7, 2017, at 1:32 p.m.)

Introduction of Bills

Reps. Wittenberg, Hoadley and Chang introduced

House Bill No. 4706, entitled

A bill to provide for the issuance of restraining orders prohibiting certain individuals from possessing or purchasing firearms and ordering the seizure of a restrained individual’s firearms; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties; and to provide remedies.

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

Reps. Wittenberg, Chang and Hoadley introduced

House Bill No. 4707, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2b, and 5b (MCL 28.422, 28.422b, and 28.425b), section 2 as amended by 2015 PA 200, section 2b as amended by 2014 PA 205, and section 5b as amended by 2015 PA 207.

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

Reps. Reilly, Kelly, Glenn, Lucido, Runestad, Cole, Howell, Robinson and Dianda introduced

House Bill No. 4708, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 10a (MCL 460.10a), as amended by 2016 PA 341.

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

Rep. Vaupel introduced

House Bill No. 4709, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 16327, 17001, 17011, 17501, and 17511 (MCL 333.7303a, 333.16327, 333.17001, 333.17011, 333.17501, and 333.17511), sections 7303a, 17001, and 17501 as amended by 2016 PA 379, section 16327 as amended by 2016 PA 499, and sections 17011 and 17511 as amended by 2006 PA 398, and by adding sections 16325a, 17034, 17035, 17036, 17215, 17534, 17535, 17536, and 21525.

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

Reps. Ellison, Chang, Green, Hammoud and Wittenberg introduced

House Bill No. 4710, entitled

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

Reps. Chang, Ellison, Green, Hammoud and Wittenberg introduced

House Bill No. 4711, 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 2016 PA 234.

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

Reps. Garrett, Chang, Pagan, Yanez, Hammoud, Neeley, Wittenberg, Moss, Sneller, Phelps, Geiss, Hoadley, Gay‑Dagnogo, LaGrand, Ellison, Canfield, Chirkun, Faris, Love and Peterson introduced

House Bill No. 4712, entitled

A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assessments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 1 (MCL 123.161), as amended by 1981 PA 132, and by adding section 1a.

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

Reps. Phelps, Howrylak, Neeley, Lucido, Schor, Scott, Brinks, Greig, Sneller, Jones, Guerra, Camilleri, Durhal, Calley, Faris, Clemente, Ellison, Greimel, Chang, Hammoud, Rabhi, Elder, Sowerby, Green, Pagan, Garrett, Singh, Lasinski, Moss, Dianda, Gay-Dagnogo, VanderWall, Kosowski, Zemke and Love introduced

House Bill No. 4713, entitled

A bill to establish the division on behavioral health for deaf, deafblind, and hard of hearing within the department of health and human services; to prescribe the powers and duties of the department, the division, and certain state officers; to require the promulgation of rules; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation.

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

Reps. Howrylak, Phelps, Neeley, Lucido, Schor, Scott, Brinks, Greig, Sneller, Jones, Guerra, Camilleri, Durhal, Calley, Faris, Clemente, Ellison, Greimel, Chang, Hammoud, Rabhi, Elder, Sowerby, Green, Pagan, Garrett, Singh, Lasinski, Moss, Dianda, Gay-Dagnogo, VanderWall, Kosowski, Zemke and Love introduced

House Bill No. 4714, entitled

A bill to establish the commission on behavioral health for deaf, deafblind, and hard of hearing within the department of health and human services; to prescribe the powers and duties of the commission, certain state departments, the division, and certain state officers; to require the promulgation of rules; and to provide for an appropriation.

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

Rep. Lucido introduced

House Bill No. 4715, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 3330 and 4501 (MCL 500.3330 and 500.4501), the title as amended by 2002 PA 304, section 3330 as amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39, and by adding chapter 63.

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

Rep. Lucido introduced

House Bill No. 4716, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.

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

Rep. Kosowski introduced

House Bill No. 4717, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa.

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

______

Rep. Kahle moved that the House adjourn.

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

Associate Speaker Pro Tempore Glenn declared the House adjourned until Thursday, June 8, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives

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