No. 80

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Wednesday, December 28, 2016.

11:30 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

Motions and Communications

The following communication was received and read:

Office of the Auditor General

December 15, 2016

Enclosed is a copy of the following report:

• Performance audit of Disaster Recovery and Business Continuity of Information Technology Systems, Department of Technology, Management, and Budget.

Sincerely,

Doug Ringler

Auditor General

The audit report was referred to the Committee on Government Operations.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

December 13, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-097-LR (Secretary of State Filing #16-12-03) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Liquor Control Commission - General Rules.”

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

December 13, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-025-LR (Secretary of State Filing #16-12-05) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 9A. Mechanical Code.”

These rules take effect 120 days after filing with Secretary of State.

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-036-LR (Secretary of State Filing #16-12-04) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Rehabilitation Code.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-010-AC (Secretary of State Filing #16-12-06) on this date at 3:54 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 813. Testing Horses and Pulling Teams for Drugs.”

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

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-005-HS (Secretary of State Filing #16-12-07) on this date at 3:54 p.m. for the Department of Health and Human Services entitled, “Certificate of Need.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-053-AC (Secretary of State Filing #16-12-08) on this date at 3:54 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 633. Restricted Use Pesticides.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-079-EQ (Secretary of State Filing #16-12-09) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control, Part 9. Emission Limitations and Prohibitions - Miscellaneous.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-153-EQ (Secretary of State Filing #16-12-10) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control, Part 1. General Provisions.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-154-EQ (Secretary of State Filing #16-12-11) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control, Part 2. Air Use Approval.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-004-LR (Secretary of State Filing #16-12-12) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Fire Fighters Training Council.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-001-LR (Secretary of State Filing #16-12-13) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Osteopathic Medicine and Surgery - General Rules.”

December 20, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-002-LR (Secretary of State Filing #16-12-14) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Osteopathic Medicine and Surgery - Continuing Education.”

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 20, for his approval the following bills:

Enrolled Senate Bill No. 717 at 3:12 p.m.

Enrolled Senate Bill No. 392 at 3:14 p.m.

Enrolled Senate Bill No. 437 at 3:16 p.m.

Enrolled Senate Bill No. 438 at 3:18 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 21, for his approval the following bills:

Enrolled Senate Bill No. 1087 at 3:18 p.m.

Enrolled Senate Bill No. 1109 at 3:20 p.m.

Enrolled Senate Bill No. 929 at 3:22 p.m.

Enrolled Senate Bill No. 954 at 3:24 p.m.

Enrolled Senate Bill No. 1025 at 3:26 p.m.

Enrolled Senate Bill No. 964 at 3:28 p.m.

Enrolled Senate Bill No. 965 at 3:30 p.m.

Enrolled Senate Bill No. 966 at 3:32 p.m.

Enrolled Senate Bill No. 967 at 3:34 p.m.

Enrolled Senate Bill No. 968 at 3:36 p.m.

Enrolled Senate Bill No. 969 at 3:38 p.m.

Enrolled Senate Bill No. 970 at 3:40 p.m.

Enrolled Senate Bill No. 971 at 3:42 p.m.

Enrolled Senate Bill No. 972 at 3:44 p.m.

Enrolled Senate Bill No. 992 at 3:46 p.m.

Enrolled Senate Bill No. 1079 at 3:48 p.m.

Enrolled Senate Bill No. 1187 at 3:50 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 27, for his approval the following bills:

Enrolled Senate Bill No. 558 at 1:24 p.m.

Enrolled Senate Bill No. 560 at 1:26 p.m.

Enrolled Senate Bill No. 697 at 1:28 p.m.

Enrolled Senate Bill No. 1021 at 1:30 p.m.

Enrolled Senate Bill No. 1045 at 1:32 p.m.

Enrolled Senate Bill No. 1090 at 1:34 p.m.

Enrolled Senate Bill No. 1091 at 1:36 p.m.

Enrolled Senate Bill No. 884 at 1:38 p.m.

Enrolled Senate Bill No. 1073 at 1:40 p.m.

Enrolled Senate Bill No. 1074 at 1:42 p.m.

Enrolled Senate Bill No. 1075 at 1:44 p.m.

Enrolled Senate Bill No. 106 at 1:46 p.m.

Enrolled Senate Bill No. 1009 at 1:48 p.m.

Enrolled Senate Bill No. 595 at 1:50 p.m.

Enrolled Senate Bill No. 702 at 1:52 p.m.

Enrolled Senate Bill No. 706 at 1:54 p.m.

Enrolled Senate Bill No. 707 at 1:56 p.m.

Enrolled Senate Bill No. 708 at 1:58 p.m.

Enrolled Senate Bill No. 1089 at 2:00 p.m.

Enrolled Senate Bill No. 1172 at 2:02 p.m.

Enrolled Senate Bill No. 1104 at 2:04 p.m.

Enrolled Senate Bill No. 1108 at 2:06 p.m.

Enrolled Senate Bill No. 950 at 2:08 p.m.

Enrolled Senate Bill No. 541 at 2:10 p.m.

Enrolled Senate Bill No. 1052 at 2:12 p.m.

Enrolled Senate Bill No. 1053 at 2:14 p.m.

Enrolled Senate Bill No. 1179 at 2:16 p.m.

Enrolled Senate Bill No. 806 at 2:18 p.m.

Enrolled Senate Bill No. 913 at 2:20 p.m.

Enrolled Senate Bill No. 25 at 2:22 p.m.

Enrolled Senate Bill No. 621 at 2:24 p.m.

Enrolled Senate Bill No. 622 at 2:26 p.m.

Enrolled Senate Bill No. 624 at 2:28 p.m.

Enrolled Senate Bill No. 521 at 2:30 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 28, for his approval the following bills:

Enrolled Senate Bill No. 647 at 9:11 a.m.

Enrolled Senate Bill No. 564 at 9:13 a.m.

Enrolled Senate Bill No. 565 at 9:15 a.m.

Enrolled Senate Bill No. 805 at 9:17 a.m.

Enrolled Senate Bill No. 853 at 9:19 a.m.

Messages from the Governor

The following messages from the Governor were received:

Date: December 14, 2016

Time: 10:52 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 800 (Public Act No. 340), being

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2016 and September 30, 2017; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

(Filed with the Secretary of State on December 14, 2016, at 3:28 p.m.)

Date: December 21, 2016

Time: 10:36 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 438 (Public Act No. 342), being

A bill to amend 2008 PA 295, entitled “An act to require certain providers of electric service to establish renewable energy programs; to require certain providers of electric or natural gas service to establish energy optimization programs; to authorize the use of certain energy systems to meet the requirements of those programs; to provide for the approval of energy optimization service companies; to provide for certain charges on electric and natural gas bills; to promote energy conservation by state agencies and the public; to create a wind energy resource zone board and provide for its power and duties; to authorize the creation and implementation of wind energy resource zones; to provide for expedited transmission line siting certificates; to provide for a net metering program and the responsibilities of certain providers of electric service and customers with respect to net metering; to provide for fees; to prescribe the powers and duties of certain state agencies and officials; to require the promulgation of rules and the issuance of orders; and to provide for civil sanctions, remedies, and penalties,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 54, 74, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts.

(Filed with the Secretary of State on December 21, 2016, at 11:40 a.m.)

Date: December 21, 2016

Time: 10:44 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 392 (Public Act No. 349), being

An act to amend 1982 PA 432, entitled “An act to regulate persons who transport passengers by motor bus; to prescribe powers and duties for the state transportation department; to impose certain fees; and to impose penalties,” by amending the title and sections 3, 4, 5, 7, 9, 15, 16, 17, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding section 10; and to repeal acts and parts of acts.

(Filed with the Secretary of State on December 21, 2016, at 1:18 p.m.)

Date: December 21, 2016

Time: 10:56 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 753 (Public Act No. 359), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, and 16288.

(Filed with the Secretary of State on December 21, 2016, at 1:38 p.m.)

Date: December 21, 2016

Time: 11:04 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 437 (Public Act No. 341), being

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 the title and sections 6a, 6j, 6k, 6l, 6m, 6s, 10, 10a, 10c, 10f, 10p, 10r, 10t, 10dd, and 11 (MCL 460.6a, 460.6j, 460.6k, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10f, 460.10p, 460.10r, 460.10t, 460.10dd, and 460.11), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and sections 6s and 10dd as added by 2008 PA 286, section 6j as amended by 1987 PA 81, section 6k as added by 1982 PA 304, section 6l as amended and sections 10c, 10f, and 10t as added by 2000 PA 141, section 6m as amended by 2014 PA 170, and section 11 as amended by 2014 PA 169, and by adding sections 6t, 6u, 6v, 6w, 6x, 6z, 10ee, and 10ff; and to repeal acts and parts of acts.

(Filed with the Secretary of State on December 21, 2016, at 11:38 a.m.)

Date: December 21, 2016

Time: 11:42 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 332 (Public Act No. 357), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125.

(Filed with the Secretary of State on December 21, 2016, at 1:34 p.m.)

Date: December 21, 2016

Time: 11:44 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 333 (Public Act No. 358), being

A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 319 (MCL 257.319), as amended by 2016 PA 32.

(Filed with the Secretary of State on December 21, 2016, at 1:36 p.m.)

Date: December 21, 2016

Time: 11:46 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 291 (Public Act No. 343), being

An act to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state and local governmental officers and agencies; and to provide remedies.

(Filed with the Secretary of State on December 21, 2016, at 1:06 p.m.)

Date: December 21, 2016

Time: 7:30 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 33 (Public Act No. 367), being

An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1136.

(Filed with the Secretary of State on December 22, 2016, at 11:08 a.m.)

Date: December 21, 2016

Time: 7:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 717 (Public Act No. 381), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 21303, 21304c, 21310a, 21323a, and 21325 (MCL 324.21303, 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21303, 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a.

(Filed with the Secretary of State on December 22, 2016, at 3:48 p.m.)

Date: December 21, 2016

Time: 8:10 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1187 (Public Act No. 382), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12.

(Filed with the Secretary of State on December 22, 2016, at 3:50 p.m.)

Date: December 22, 2016

Time: 8:50 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 510 (Public Act No. 368), being

An act to prohibit the disclosure or use of certain information.

(Filed with the Secretary of State on December 22, 2016, at 11:10 a.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on December 22, 2016, and read:

EXECUTIVE ORDER

No. 2016 – 24

Enterprise Information Management

Department of Technology, Management and Budget

Rescission of Executive Order No. 2009-18

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

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution and makes the Governor responsible for the faithful execution of the laws; and

WHEREAS, fostering a culture of secure and efficient management of data and enterprise information is essential to providing Michigan residents with the highest quality government service; and

WHEREAS, state and federal laws require state departments and agencies to collect, display, retain, and dispose of records that contain personal identifying information of the residents of this state; and

WHEREAS, the collection, display, retention, and disposal of records containing personal identifying information of the residents of this state may expose this state and its residents to security risks, including, but not limited to, identity theft; and

WHEREAS, state and federal laws impose restrictions and obligations on government agencies with respect to the collection, display, retention, and disposal of records containing personal identifying information, including, but not limited to, obligations to notify residents of this state of certain incidents of unauthorized access to such information; and

WHEREAS, this administration is firmly committed to ensuring not only that state government is accountable for the personal identifying information of the residents of this state for which it is responsible, but that the residents of this state understand the manner in which their personal identifying information is collected, displayed, retained, and disposed of by state government and understand their rights when that information is used or accessed without authorization; and

WHEREAS, data and information are valuable assets, the efficient management and sharing of which, by and between state departments and agencies, can greatly improve service delivery to state residents and transparency in a number of important areas, including, but not limited to, public safety, education, healthcare, and economic growth; and

WHEREAS, on November 1, 2013, I issued Executive Directive 2013-1, directing the Director of the Department of Technology, Management and Budget (DTMB) to establish and implement an Enterprise Information Management (EIM) program requiring participation and engagement by all state departments and agencies to establish protocols for data and information sharing, management, and governance; and

WHEREAS, pursuant to Executive Directive 2013-1, the DTMB has built an EIM framework, defined EIM organizational processes, identified and trained Chief Data Stewards in all state departments, assessed departmental data management maturity, identified enterprise solutions, created enterprise and department specific action plans, conducted several proofs of concept, and completed the first statewide data inventory; and

WHEREAS, Executive Order 2009-18 established a process to ensure the protection of state residents’ private information, the privacy functions of which have been incorporated within the existing EIM framework and will be carried forward by this Order;

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

I. IMPLEMENTATION OF ENTERPRISE INFORMATION MANAGEMENT PROGRAM

A. Under the guidance of the Enterprise Information Management Steering Committee (EIM Steering Committee), created in Section II of this Order, the Department of Technology, Management and Budget (DTMB) shall have primary responsibility for implementing the EIM program within the executive branch of state government.

B. The projects and goals of the EIM program shall include, but not be limited to, the following:

1. Establishing a single internet sign-on for citizens and businesses to access all state account information.

2. Maximizing and improving the quality of data and metrics made available to the public through the Open Michigan website or other similar forums.

3. Using data to improve the quality of service delivery in priority areas including, but not limited to, public safety, education, public health, and economic growth.

4. Establishing a centralized information sharing and analytics service center to promote and support enterprise technology programs such as those already undertaken pursuant to Executive Directive 2013-1, including, but not limited to, the Identity Master program, the Location Master program, the Business Glossary, and the Data Sharing Agreement Repository.

5. Promoting efficient cross-agency data sharing, within a “share first” environment, while taking all necessary and appropriate steps to ensure personal privacy and safeguard personal information.

C. The Director of the DTMB shall designate a Chief Data Officer. The Chief Data Officer shall carry out the powers, duties, functions, and responsibilities of implementing the EIM program and any other powers, duties, functions, and responsibilities that may be assigned by the Director of the DTMB.

D. The Chief Data Officer shall additionally carry out the powers, duties, functions, and responsibilities formerly held by the Chief Privacy Officer as described in Section II, Paragraphs 1-6, of Executive Order 2009-18, which as carried forward under this Order shall include:

1. Serving as the Chairperson of the EIM Steering Committee.

2. Serving as liaison to the Chief Data Stewards and Information Privacy Protection Officers on compliance issues with state and federal privacy laws.

3. Providing information, guidance, and technical assistance to state departments and agencies related to compliance with state and federal privacy laws.

4. Identifying resources and best practices for compliance with state and federal privacy laws.

5. Facilitating the education and training of state employees and officers on issues relating to compliance with state and federal privacy laws.

6. Providing information to residents of this state related to compliance by state departments and agencies with state and federal privacy laws.

E. The Director of the DTMB shall be responsible for advising the Governor on issues relating to compliance by state departments and agencies with state and federal privacy laws.

II. CREATION OF THE ENTERPRISE INFORMATION MANAGEMENT STEERING COMMITTEE

A. The Enterprise Information Management Steering Committee (EIM Steering Committee) is created as an advisory body and steering committee within the DTMB.

B. The EIM Steering Committee shall initially consist of the following twelve members:

• The Chief Data Officer, who shall serve as the Chairperson of the EIM Steering Committee,

• A representative of the Department of Education designated by the Superintendent of Public Instruction,

• A representative of the Department of Health and Human Services designated by the Director of the Department of Health and Human Services,

• A representative of the Department of Insurance and Financial Services designated by the Director of the Department of Insurance and Financial Services,

• A representative of the Department of Licensing and Regulatory Affairs designated by the Director of the Department of Licensing and Regulatory Affairs,

• A representative of the Department of Natural Resources designated by the Director of the Department of Natural Resources,

• A representative of the Department of State designated by the Secretary of State,

• A representative of the Department of State Police designated by the Director of the Department of State Police,

• A representative of the Department of Transportation designated by the Director of the Department of Transportation,

• A representative of the Treasury designated by the State Treasurer,

• A representative of the Center for Educational Performance and Information designated by the Director of the Center for Educational Performance and Information, and

• A representative of the Talent Investment Agency designated by the Director of the Talent Investment Agency.

C. Membership on the EIM Steering Committee may be rotated between various state departments and agencies. After a period of two years following the effective date of this Order, or as necessary and appropriate thereafter, and in furtherance of the purpose of this Order and the mission of the EIM Program, the Chief Data Officer may elect to modify the composition of the EIM Steering Committee to include representatives of other departments and agencies not included as initial members under this Order.

D. The EIM Steering Committee shall meet as called by the Chairperson.

E. The EIM Steering Committee shall be staffed and assisted, as necessary, by personnel within the EIM Program, as directed by the Chief Data Officer, subject to available funding.

F. A majority of the members of the EIM Steering Committee constitutes a quorum for the transaction of business. The EIM Steering Committee shall act by majority vote of its members present.

G. As necessary and appropriate, the EIM Steering Committee may consult with representatives of departments and agencies not represented on the EIM Steering Committee.

H. Members of the EIM Steering Committee shall serve without compensation. Subject to the approval of the Director of the DTMB and available funding, members of the EIM Steering Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget.

I. Subject to the approval of the Director of the DTMB and available funding, the EIM Steering Committee may direct the EIM Program to hire or retain contractors, sub-contractors, advisors, and consultants, as advisable and necessary, in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the DTMB.

J. The EIM Steering Committee shall make recommendations to ensure that the DTMB has adequate funding and staffing devoted to accomplishing the responsibilities set forth in this Order.

K. The EIM Steering Committee shall provide strategic oversight for the EIM Program and shall provide guidance to the DTMB in undertaking its implementation mission under this Order.

L. In addition to overseeing the EIM Program, the EIM Steering Committee shall carry out the advisory functions formerly undertaken by the Information Privacy Protection Council, as described in Section V of Executive Order 2009-18, which as carried forward under this order shall include:

1. Reviewing and recommending policies and procedures to be implemented by state departments and agencies to assure compliance with state and federal privacy laws and the promotion of effective information security and privacy protection; and

2. Recommending strategies to enhance awareness, education, and understanding of information security best practices and online measures intended to protect the personal identifiable information of residents of this state; and

3. Identifying information security and privacy protection risks within state government and recommending risk mitigation strategies, methods, and procedures to be adopted by state departments and agencies to lessen these risks; and

4. Monitoring compliance by state departments and agencies with state information security and privacy protection policies and procedures; and

5. Recommending training programs for state employees designed to educate, promote, and advance knowledge of information security and privacy protection procedures.

III. INFORMATION MANAGEMENT GOVERNANCE BOARDS

A. Each principal department director shall create and establish a Departmental Information Management Governance Board (DIMGB) to provide an operational support structure for and to coordinate with the EIM Steering Committee.

B. The DIMGB within each principal department shall be chaired by the department director or chief deputy director, include the Chief Data Steward and Privacy Protection Officer identified as provided in Section IV of this Order, and shall have membership representation from all bureau or division administrators that have responsibility over business data or information management systems.

C. The DIMGB within each principal department shall advise, adopt, and support all activities related to achieving the goals of secure and efficient enterprise information management within each department and agency.

IV. CHIEF DATA STEWARDS AND PRIVACY PROTECTION OFFICERS

A. Each principal department shall designate a Chief Data Steward responsible for implementing secure and efficient enterprise information management within each department and agency who shall provide administrative support to the DIMGB within each principal department.

B. Each principal department shall designate an Information Privacy Protection Officer as the primary coordinator of departmental compliance with state and federal privacy laws, and as an advisor to the DIMGB on best practices for enterprise-wide privacy and security matters. The Chief Data Steward may be the Privacy Protection Officer.

C. The Chief Data Steward and Information Privacy Protection Officer within each principal department shall cooperate and coordinate with the Chief Data Officer or their designee on compliance issues with state and federal privacy laws.

D. Each principal department shall ensure that sufficient funding and staffing are devoted to support the Chief Data Stewards’ performance of the functions required by this Order.

V. RESCISSION OF EXECUTIVE ORDER 2009-18

A. The position of Chief Privacy Officer created by Executive Order 2009-18 is abolished.

B. The Information Privacy Protection Council created by Executive Order 2009-18 is abolished.

C. Executive Order 2009-18 is rescinded in its entirety.

VI. MISCELLANEOUS

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

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

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion.

The Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 21st day of December, in the year of our Lord, Two Thousand Sixteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

December 6, 2016

I respectfully submit to the Senate the following appointment to office:

Michigan Film Commissioner

Jenell A. Leonard of 3031 Crofton Drive, DeWitt, Michigan 48820, county of Clinton, succeeding herself, is reappointed for a term commencing January 1, 2017, and expiring December 31, 2018.

December 12, 2016

I respectfully submit to the Senate the following appointment to office:

Michigan Board of Chiropractic

Lewis G. Squires of 1729 Crystal View Drive, Scottville, Michigan 49454, county of Eaton, representing professionals, succeeding himself, is reappointed for a term expiring December 31, 2020.

December 12, 2016

I respectfully submit to the Senate the following appointment to office:

Judicial Tenure Commission

Melissa B. Spickler of 151 Manorwood Drive, Bloomfield Hills, Michigan 48304, county of Oakland, representing the Governor, succeeding herself, is reappointed for a term expiring December 31, 2019.

December 14, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan Asparagus Marketing Advisory Board

Eric C. Herrygers of 1261 N. 136th Avenue, Hart, Michigan 49420, county of Oceana, representing Northern-Central Michigan growers, succeeding himself, is reappointed for a term expiring November 13, 2019.

Sarah Greiner of 1690 E. Polk Road, Hart, Michigan 49420, county of Oceana, representing Northern-Central Michigan growers, succeeding herself, is reappointed for a term expiring November 13, 2019.

December 14, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan Bean Commission

Kevin Noffsinger of 3204 Worth Road, Pinconning, Michigan 48650, county of Arenac, representing District 1, succeeding Terry Schindler, is appointed for a term expiring December 31, 2019.

Brian Stratton of 5577 Pine Grove Road, Edmore, Michigan 48829, county of Montcalm, representing District 7, succeeding himself, is reappointed for a term expiring December 31, 2019.

Ross E. Voelker of 934 S. Caseville Road, Pigeon, Michigan 48755, county of Huron, representing District 6, succeeding himself, is reappointed for a term expiring December 31, 2019.

December 14, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan Carrot Commission

Ryan P. Malburg of 936 W. Jackson Road, Hart, Michigan 49420, county of Oceana, representing fresh growers, succeeding himself, is reappointed for a term expiring October 31, 2019.

Jared Oomen of 211 E. Minke Road, Hart, Michigan 49420, county of Oceana, representing fresh growers, succeeding Richard Oomen, is appointed for a term expiring October 31, 2019.

December 14, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan Dairy Marketing Program Committee

Eric J. Frahm of 1520 Frahm Road, Frankenmuth, Michigan 48734, county of Saginaw, representing the Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2019.

Jeffrey E. Horning of 11834 E. Pleasant Lake Road, Manchester, Michigan 48158, county of Washtenaw, representing the Michigan Milk Producers Association, succeeding David Lott, is appointed for a term expiring December 31, 2019.

Corby Werth of 8303 Napper Road, Alpena, Michigan 49707, county of Alpena, representing the Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2019.

December 14, 2016

I respectfully submit to the Senate the following appointment to office:

Human Trafficking Health Advisory Board

Ruth A. Rondon of 2955 Byron Center, Unit D, Wyoming, Michigan 49519, county of Kent, representing human trafficking survivors, is appointed for a term expiring December 31, 2020.

December 14, 2016

I respectfully submit to the Senate the following appointment to office:

Michigan Board of Physical Therapy

Matthew McFadden of 3860 Kiskadee Drive, East Lansing, Michigan 48823, county of Ingham, representing physical therapists, succeeding Jill Marlan, is appointed for a term expiring December 31, 2020.

December 15, 2016

I respectfully submit to the Senate the following appointments to office:

Eastern Michigan University Board of Regents

Eunice M. Jeffries of 38315 Wynmar Drive, Farmington Hills, Michigan 49506, county of Oakland, succeeding Carolyn Fitzsimmons, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

Alexander Simpson of 30411 Balewood Street, Southfield, Michigan 48076, county of Oakland, succeeding James Stapleton, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

December 15, 2016

I respectfully submit to the Senate the following appointments to office:

Ferris State University Board of Control

Robert J. Hegbloom of 7654 Stonevalley Bluff, Clarkston, Michigan 48348, county of Oakland, succeeding Erin Brown, is appointed for a term commencing on January 1, 2017, and expiring on December 31, 2020.

Amna P. Seibold of 809 Woodcliff Circle, S.E., East Grand Rapids, Michigan 49506, county of Kent, succeeding Alisha Baker, is appointed for a term commencing on January 1, 2017, and expiring on December 31, 2024.

LaShanda R. Thomas of 611 University Place, Grosse Pointe, Michigan 48230, county of Wayne, succeeding Arthur Tebo, is appointed for a term commencing on January 1, 2017, and expiring on December 31, 2024.

December 15, 2016

I respectfully submit to the Senate the following appointments to office:

Grand Valley State University Board of Control

Randall S. Damstra of 4990 Spring Ridge Drive, N.E., Ada, Michigan 49301, county of Kent, succeeding David Way, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

Kate Pew Wolters of 2260 Cascade Springs Drive, Grand Rapids, Michigan 49546, county of Kent, succeeding herself, is reappointed for a term commencing January 1, 2017, and expiring December 31, 2024.

December 15, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan Technological University Board of Control

Derhun D. Sanders of 14245 Breakfast Drive, Redford Township, Michigan 48239, county of Wayne, succeeding Thomas Baldini, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

Steven M. Tomaszewski of 9239 Rotondo Drive, Howell, Michigan 48855, county of Livingston, succeeding Paul Ollila, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

December 15, 2016

I respectfully submit to the Senate the following appointments to office:

Northern Michigan University Board of Control

Lisa Fittante of 1100 Westwood Avenue, Kingsford, Michigan 49802, county of Dickinson, succeeding L. Garnet Lewis, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

Alexis Hart of 129 Pingree Boulevard, Royal Oak, Michigan 48067, county of Oakland, succeeding H. Sook Wilkinson, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

James K. Haveman of 12471 Jansma Drive, Grand Haven, Michigan 49417, county of Kent, succeeding Thomas Zurbuchen, is appointed for a term commencing January 1, 2017, and expiring December 31, 2020.

December 15, 2016

I respectfully submit to the Senate the following appointments to office:

Western Michigan University Board of Control

Ron Kitchens of P.O. Box 1021, Portage, Michigan 49081, county of Kalamazoo, succeeding James Hettinger, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

Shani Penn of 31855 Kingswood Square, Farmington Hills, Michigan 48334, county of Oakland, succeeding Mary Asmonga-Knapp, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024.

December 16, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan Natural Resources Commission

Louise Klarr of 1645 N. Kimmel Road, Jackson, Michigan 49201, county of Jackson, representing Republicans, succeeding herself, is reappointed for a term expiring December 31, 2020.

Christopher E. Tracy of 1703 Idlewild Drive, Richland, Michigan 49083, county of Kalamazoo, representing Independents, succeeding Tim Nichols, is appointed for a term expiring December 31, 2020.

December 16, 2016

I respectfully submit to the Senate the following appointments to office:

Michigan State Transportation Commission

Todd A. Wyett of 808 E. Dixon Avenue, Charlevoix, Michigan 49720, county of Charlevoix, an Independent, succeeding himself, is reappointed for a term expiring December 21, 2019.

Charles F. Moser of 29929 Backamack Row, Drummond Island, Michigan 49726, county of Chippewa, a Republican, succeeding himself, is reappointed for a term expiring December 21, 2019.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 11:33 a.m.

11:58 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

Messages from the House

The following message was received and read:

December 28, 2016

I herewith return to the Senate the following Senate Bills and Senate Concurrent Resolutions which failed of passage or adoption by the House of Representatives:

Senate Bill Nos.: 1 2 3 6 21 24 39 40 70 71 81 84 90 91

97 110 153 154 161 162 163 164 169 170 173 175 186 187

189 190 191 200 209 211 219 220 231 234 239 248 249 279

280 302 305 306 310 314 321 326 339 340 351 356 364 365

368 384 385 395 399 403 421 422 424 448 482 485 491 496

517 520 543 544 559 566 570 579 581 591 594 598 618 625

627 629 633 638 658 670 671 696 709 710 727 732 739 751

758 773 777 802 819 821 852 860 886 923 925 926 927 928

932 933 934 935 936 937 938 939 940 941 942 943 944 945

946 947 948 949 959 974 975 979 980 986 999 1011 1012 1014

1019 1022 1026 1046 1047 1050 1054 1055 1056 1061 1062 1063 1064 1065

1085 1120 1152 1153 1154 1155 1162 1163 1170 1171 1176 1177 1178 1184

Senate Concurrent Resolution Nos. 4 5 9 11 30 31

Very respectfully,

Gary L. Randall, Clerk

House of Representatives

Senate Concurrent Resolution No. 33.

A concurrent resolution providing for the final adjournment of the Legislature.

(For text of resolution, see Senate Journal No. 79, p. 2141.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

The following message was received and read:

December 28, 2016

I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die.

Very respectfully,

Gary L. Randall, Clerk

House of Representatives

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Joint Committee on Administrative Rules submitted the following:

Meeting held on Monday, December 12, 2016, at 10:30 a.m., Room 100, Farnum Building

Present: Senators Stamas (C), Rocca, Kowall and Hertel

Excused: Senator Hood

Scheduled Meetings

Criminal Justice Policy Commission - Wednesday, January 4, 2017, 9:00 a.m., Harry T. Gast Appropriations Room, Capitol Building (373-0212)

The hour of 12:00 noon having arrived,

Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the President, Lieutenant Governor Calley, declared the Senate adjourned without day.

JEFFREY F. COBB

Secretary of the Senate

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