No. 25

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

99th Legislature

REGULAR SESSION OF 2017

House Chamber, Lansing, Thursday, March 9, 2017.

12:00 Noon.

The House was called to order by the Speaker.

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

Afendoulis—present Garcia—present Kesto—present Reilly—present

Albert—present Garrett—excused Kivela—present Rendon—present

Alexander—present Gay-Dagnogo—present Kosowski—present Roberts—present

Allor—present Geiss—present LaFave—present Robinson—present

Barrett—present Glenn—present LaGrand—present Runestad—present

Bellino—present Graves—present LaSata—present Sabo—present

Bizon—present Green—present Lasinski—present Santana—present

Brann—present Greig—present Lauwers—present Schor—present

Brinks—present Greimel—present Leonard—present Scott—present

Byrd—present Griffin—present Leutheuser—present Sheppard—present

Calley—present Guerra—present Liberati—present Singh—present

Camilleri—present Hammoud—present Lilly—present Sneller—present

Canfield—present Hauck—present Love—present Sowerby—present

Chang—present Hernandez—present Lower—present Tedder—present

Chatfield—present Hertel—present Lucido—present Theis—present

Chirkun—present Hoadley—present Marino—present VanderWall—present

Clemente—present Hoitenga—present Maturen—present VanSingel—present

Cochran—present Hornberger—present McCready—present Vaupel—present

Cole—present Howell—present Miller—present VerHeulen—present

Cox—present Howrylak—present Moss—present Victory—present

Crawford—present Hughes—present Neeley—present Webber—present

Dianda—present Iden—present Noble—present Wentworth—present

Durhal—present Inman—present Pagan—present Whiteford—present

Elder—present Johnson—present Pagel—present Wittenberg—present

Ellison—present Jones—present Peterson—present Yanez—present

Faris—present Kahle—present Phelps—present Yaroch—present

Farrington—present Kelly—present Rabhi—present Zemke—present

Frederick—present

e/d/s = entered during session

Pastor Rob Prince, Lead Pastor of Central Church of the Nazarene in Flint, offered the following invocation:

“Almighty God

We praise You for Your great love and mercy.

Each one of us in this room are the recipients of Your blessings and we give You thanks.

From Great Lake to Great Lake—

From the shores of Lake Superior, Michigan, Huron and Lake Erie we are thankful for Your blessings upon our state.

In Bad Axe and Goodrich,

In Flat Rock and Gladstone

In Ironwood, Flint and Copper Harbor

In Northville, Southgate, Westland and Eastpointe

In Detroit, Garden City, Fraser, Alanson, Reading and in my hometown of Grand Blanc, Michigan may Your name be praised!

From Acme to Zeeland may the all cities and towns of our state praise You—

We thank You for these 110 men and women who serve as our Representatives. May You be with them, our governor, and all our elected officials.

Help these lawmakers to think wisely and carefully before they speak, to act with courage and conviction for the good of all, and to deal charitable with one another so that all may continue to enjoy mutual respect.

Lord, help us to serve You in spirit and in truth so that our accomplishments will be built upon the firm foundation of love and justice.

May You be with the poor and troubled, with the orphaned and the widows, may You help any of our brothers and sisters across our state that are hungry, homeless, struggling or anxious.

We ask for Your protection for those who are serving in the armed services and our local first responders. Be with them and their families.

And May all of us pray and work so that we might see Your Kingdom come and Your will done in Michigan as it is in heaven.

In the name of Jesus we pray,

Amen.”

______

The Speaker called the Speaker Pro Tempore to the Chair.

______

Rep. Greig moved that Rep. Garrett be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Tedder, Kelly, Hughes, Marino, Barrett, Bellino, Theis, Hoitenga, Griffin, Miller, Lower, Hauck, Maturen, Frederick, Farrington, Hornberger, Canfield, Crawford, Kahle, Kesto, Howrylak, Hammoud, Robinson, Bizon, VerHeulen, Pagel, Cox, Iden, Webber, Vaupel, Runestad, Allor, Yaroch, Dianda, Graves, Chatfield, Singh, Greig, Hoadley, Kosowski, Cochran, Yanez, Green, Santana, Lasinski, Camilleri, Ellison, Faris, Sowerby and Wittenberg offered the following resolution:

House Resolution No. 34.

A resolution to declare March 13-19, 2017, as Aviation Week in the state of Michigan.

Whereas, We are in the 21st century, moving further into the air age and a global economy, and airport infrastructure is critical for our economy to compete in today’s marketplace; and

Whereas, Michigan’s geography as a peninsula makes aviation necessary for the fast and efficient transport of people, goods, and services; and

Whereas, Nearly 1 billion pounds of air cargo are carried into the state annually to support Michigan businesses; and

Whereas, General aviation contributes $19 billion annually to our state economy; and

Whereas, Our businesses, industries, and foreign firms need reliable runways, taxiways, and navigational systems for the conducting of their businesses; and

Whereas, Michigan boasts 234 public-use airports, serving over 13,550 pilots and 6,500 general aviation aircraft; and

Whereas, More than 1,000 Michigan companies, employing 1 million people, operate their own aircraft; and

Whereas, Michigan is home to 53 charter flight companies, 119 repair stations, and 66 flight schools; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 13-19, 2017, as Aviation Week in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hertel, Chang, Clemente, Crawford, Elder, Ellison, Faris, Greig, Howrylak, Kelly, Marino, Maturen, Pagan, Singh, Sowerby and Wittenberg offered the following resolution:

House Resolution No. 35.

A resolution to declare March 2017 as Multiple System Atrophy Awareness Month in the state of Michigan.

Whereas, Multiple system atrophy is a progressive neurodegenerative disorder that affects the autonomic functions of the body; and

Whereas, Multiple system atrophy is caused by degeneration or atrophy of nerve cells in a part of the brain, which can result in problems with movement, balance, and autonomic functions of the body; and

Whereas, The symptoms of this rapidly advancing disease can occur in any combination, from loss of balance and coordination, fainting due to low blood pressure, swallowing difficulties, breathing problems, and rigidity and tremors similar to Parkinson’s Disease or Amyotrophic Lateral Sclerosis (ALS); and

Whereas, Multiple system atrophy generally affects middle-aged men and women and advances rapidly with the progressive loss of motor skills and eventually confinement to bed and death; and

Whereas, Recent research suggests that five per 100,000 people are affected by the disease; and

Whereas, People rarely live past 15 years with multiple system atrophy; and

Whereas, There is no remission from multiple system atrophy and currently no cure; and

Whereas, The current lack of awareness of multiple system atrophy leads to misdiagnosis and mistreatment; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2017 as Multiple System Atrophy Awareness Month in the state of Michigan. We urge increased public awareness of this progressive neurodegenerative disorder that affects the autonomic functions of the body.

The question being on the adoption of the resolution,

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

Substitute for House Resolution No. 35.

A resolution to declare March 2017 as Multiple System Atrophy Awareness Month in the state of Michigan.

Whereas, Multiple system atrophy is a progressive neurodegenerative disorder that affects the autonomic functions of the body; and

Whereas, Multiple system atrophy is caused by degeneration or atrophy of nerve cells in a part of the brain, which can result in problems with movement, balance, and autonomic functions of the body; and

Whereas, The symptoms of this rapidly advancing disease can occur in any combination, from loss of balance and coordination, fainting due to low blood pressure, swallowing difficulties, breathing problems, and rigidity and tremors similar to Parkinson’s Disease or Amyotrophic Lateral Sclerosis (ALS); and

Whereas, Multiple system atrophy generally affects middle-aged men and women and advances rapidly with the progressive loss of motor skills and eventually confinement to bed and death; and

Whereas, Recent research suggests that up to five per 100,000 people are affected by the disease; and

Whereas, People rarely live past 10 years with multiple system atrophy; and

Whereas, There is no remission from multiple system atrophy and currently no cure; and

Whereas, The current lack of awareness of multiple system atrophy leads to misdiagnosis and mistreatment; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare March 2017 as Multiple System Atrophy Awareness Month in the state of Michigan. We urge increased public awareness of this progressive neurodegenerative disorder that affects the autonomic functions of the body.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hughes, Graves, Barrett, Glenn, Hoitenga, Crawford and Maturen offered the following resolution:

House Resolution No. 36.

A resolution to express the Legislature’s position that the Michigan Veterans Affairs Agency and the Michigan Veterans Trust Fund board should return responsibility and control to the county Veterans Trust Fund Boards.

Whereas, The Michigan Veterans Trust Fund was established by Public Act 9 of 1946 (1st Ex. Session) to provide temporary assistance to eligible Michigan wartime veterans and their families experiencing economic hardships. Assistance is available for veterans and their families to prevent “undue hardship.” Examples of situations in which help may be given include hospitalization, medical services which cannot be secured from another source, food, fuel, clothing, or shelter; and

Whereas, Under Public Act 84 of 2015 (Section 407 (3)) the Legislature directed the Michigan Veterans Affairs Agency (MVAA) to establish a system to apply for assistance online. The “Regional Model Pilot” was conducted between July 1, 2016 and December 31, 2016 to test the feasibility of “expanding emergency assistance access beyond physical offices and limited office hours by simplifying the application process.” The pilot was also intended to determine if administrative funding could be reduced using a regional model to administer the program rather than having offices in each county; and

Whereas, The pilot study was conducted in two regions: Region 4 consisting of Allegan, Barry, Ionia, Kent, Lake, Mason, Mecosta, Montcalm, Muskegon, Newaygo, Oceana, Osceola, and Ottawa counties, and Region 9, consisting of Hillsdale, Jackson, Lenawee, Livingston, Monroe, and Washtenaw counties. Beginning in July, the authorized agents and county committees in the affected counties stopped accepting emergency assistance applications and veterans in need of assistance applied using the Internet. Although the pilot ended in December, the MVAA has not returned control of emergency assistance to the county level; and

Whereas, Numerous problems have been reported through the pilot study by veterans and county veteran trust fund boards, including a disconnect between those applying for assistance and the Agency. Additionally, there have been reports that the response time for a decision was longer under the pilot study and some administrative costs were increased. Although some changes may be needed to help make the process for applying for benefits more efficient, county veterans trust fund boards have effectively served our veterans for years and should continue to be the first contact for emergency grant requests; now, therefore, be it

Resolved by the House of Representatives, That we express that it is the Legislature’s position that the Michigan Veterans Affairs Agency and the Michigan Veterans Trust Fund board should return responsibility and control back to the county Veterans Trust Fund Boards until the Legislature, the MVAA, the county Trust Fund Boards and our state’s Veteran Service Organizations work together to pass a permanent solution that allows for the most effective use of Veterans Trust Fund revenue for the purposes outlined in our state’s Constitution and accompanying statutes; and be it further

Resolved, That copies of this resolution be transmitted to the head of the Michigan Veterans Affairs Agency and the Michigan Veterans Trust Fund Board of Trustees.

The resolution was referred to the Committee on Military and Veterans Affairs.

Reps. Hughes, Graves, Barrett, Glenn, Hoitenga, Crawford and Maturen offered the following concurrent resolution:

House Concurrent Resolution No. 4.

A concurrent resolution to express the Legislature’s position that the Michigan Veterans Affairs Agency and the Michigan Veterans Trust Fund board should return responsibility and control to the county Veterans Trust Fund Boards.

Whereas, The Michigan Veterans Trust Fund was established by Public Act 9 of 1946 (1st Ex. Session) to provide temporary assistance to eligible Michigan wartime veterans and their families experiencing economic hardships. Assistance is available for veterans and their families to prevent “undue hardship.” Examples of situations in which help may be given include hospitalization, medical services which cannot be secured from another source, food, fuel, clothing, or shelter; and

Whereas, Under Public Act 84 of 2015 (Section 407 (3)) the Legislature directed the Michigan Veterans Affairs Agency (MVAA) to establish a system to apply for assistance online. The “Regional Model Pilot” was conducted between July 1, 2016 and December 31, 2016 to test the feasibility of “expanding emergency assistance access beyond physical offices and limited office hours by simplifying the application process.” The pilot was also intended to determine if administrative funding could be reduced using a regional model to administer the program rather than having offices in each county; and

Whereas, The pilot study was conducted in two regions: Region 4 consisting of Allegan, Barry, Ionia, Kent, Lake, Mason, Mecosta, Montcalm, Muskegon, Newaygo, Oceana, Osceola, and Ottawa counties, and Region 9, consisting of Hillsdale, Jackson, Lenawee, Livingston, Monroe, and Washtenaw counties. Beginning in July, the authorized agents and county committees in the affected counties stopped accepting emergency assistance applications and veterans in need of assistance applied using the Internet. Although the pilot ended in December, the MVAA has not returned control of emergency assistance to the county level; and

Whereas, Numerous problems have been reported through the pilot study by veterans and county veteran trust fund boards, including a disconnect between those applying for assistance and the Agency. Additionally, there have been reports that the response time for a decision was longer under the pilot study and some administrative costs were increased. Although some changes may be needed to help make the process for applying for benefits more efficient, county veterans trust fund boards have effectively served our veterans for years and should continue to be the first contact for emergency grant requests; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express that it is the Legislature’s position that the Michigan Veterans Affairs Agency and the Michigan Veterans Trust Fund board should return responsibility and control back to the county Veterans Trust Fund Boards until the Legislature, the MVAA, the county Trust Fund Boards and our state’s Veteran Service Organizations work together to pass a permanent solution that allows for the most effective use of Veterans Trust Fund revenue for the purposes outlined in our state’s Constitution and accompanying statutes; and be it further

Resolved, That copies of this resolution be transmitted to the head of the Michigan Veterans Affairs Agency and the Michigan Veterans Trust Fund Board of Trustees.

The concurrent resolution was referred to the Committee on Military and Veterans Affairs.

Third Reading of Bills

Senate Bill No. 39, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2801 (MCL 700.2801), as amended by 2016 PA 57.

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

Roll Call No. 31 Yeas—108

Afendoulis Frederick Kesto Reilly

Albert Garcia Kivela Rendon

Alexander Gay-Dagnogo Kosowski Roberts

Allor Geiss LaFave Robinson

Barrett Glenn LaGrand Runestad

Bellino Graves LaSata Sabo

Bizon Green Lasinski Santana

Brann Greig Lauwers Schor

Brinks Greimel Leonard Scott

Byrd Griffin Leutheuser Sheppard

Calley Guerra Liberati Singh

Camilleri Hammoud Lilly Sneller

Canfield Hauck Love Sowerby

Chang Hernandez Lower Tedder

Chatfield Hertel Lucido Theis

Chirkun Hoadley Marino VanderWall

Clemente Hoitenga Maturen VanSingel

Cochran Hornberger McCready Vaupel

Cole Howell Miller VerHeulen

Cox Howrylak Moss Victory

Crawford Hughes Neeley Webber

Dianda Iden Noble Wentworth

Durhal Inman Pagan Whiteford

Elder Johnson Pagel Wittenberg

Ellison Jones Peterson Yanez

Faris Kahle Phelps Yaroch

Farrington Kelly Rabhi Zemke

Nays—0

In The Chair: Chatfield

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”

The House agreed to the full title.

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

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

House Bill No. 4208, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 175 and 177 (MCL 168.175 and 168.177).

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

Roll Call No. 32 Yeas—72

Afendoulis Frederick Kesto Reilly

Albert Garcia Kivela Rendon

Alexander Geiss Kosowski Roberts

Allor Glenn LaSata Sabo

Barrett Graves Lauwers Schor

Bellino Greig Leonard Sheppard

Bizon Greimel Leutheuser Sowerby

Brann Griffin Lilly Tedder

Brinks Hauck Lower Theis

Calley Hernandez Lucido VanderWall

Camilleri Hoitenga Marino VanSingel

Canfield Hornberger Maturen Vaupel

Chatfield Howell McCready VerHeulen

Clemente Hughes Miller Victory

Cole Iden Moss Webber

Cox Inman Noble Wentworth

Crawford Kahle Pagel Whiteford

Farrington Kelly Phelps Yaroch

Nays—36

Byrd Gay-Dagnogo LaFave Robinson

Chang Green LaGrand Runestad

Chirkun Guerra Lasinski Santana

Cochran Hammoud Liberati Scott

Dianda Hertel Love Singh

Durhal Hoadley Neeley Sneller

Elder Howrylak Pagan Wittenberg

Ellison Johnson Peterson Yanez

Faris Jones Rabhi Zemke

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.

Second Reading of Bills

House Bill No. 4080, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2003 PA 255.

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

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. 4013, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 223 (MCL 257.223), as amended by 2007 PA 143, and by adding section 328a.

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

The substitute (H-1) 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.

______

Rep. Lauwers 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 Wednesday, March 8:

House Bill Nos. 4330 4331 4332 4333 4334 4335 4336 4337

The Clerk announced that the following Senate bills had been received on Thursday, March 9:

Senate Bill Nos. 34 129 213

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 9, 2017

Present: Reps. Graves, Howrylak, Iden, Johnson, Hertel and Chirkun

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 9, 2017

Present: Reps. Kelly, Hornberger, Crawford, Garcia, Roberts, Alexander, Griffin, Lilly, Noble, Reilly, Zemke, Brinks, Chang, Camilleri and Sowerby

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rendon, Chair, of the Committee on Families, Children, and Seniors, was received and read:

Meeting held on: Thursday, March 9, 2017

Present: Reps. Rendon, Noble, McCready, Hughes, Roberts, Farrington, Kahle, Liberati, Robinson, Gay-Dagnogo and Ellison

Messages from the Senate

Senate Bill No. 34, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a.

The Senate has passed the bill.

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

Senate Bill No. 129, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115, and 324.63201), section 3118 as amended by 2015 PA 82, section 9115 as amended by 2011 PA 214, and section 63201 as added by 2004 PA 449, and by adding part 634.

The Senate has passed the bill.

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

Senate Bill No. 213, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16285 and 16287 (MCL 333.16285 and 333.16287), as added by 2016 PA 359.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers that paid into the fund.

Whereas, The nuclear power industry needs a permanent repository for high-level nuclear waste produced by reactors. Nuclear power plays a vital role in meeting our nation’s current and future energy needs. However, the failure to construct a permanent repository severely impedes efforts to construct new power plants to provide this clean and reliable base load power; and

Whereas, Over the last thirty years, the nuclear power industry and its customers have paid the federal government billions of dollars to construct a permanent repository. Under the Nuclear Waste Policy Act of 1982, the U.S. Congress established the Nuclear Waste Fund to collect money for the repository. Revenue to the fund came from mandatory fees assessed on all nuclear energy. Since 1983, customers of Michigan electric utilities alone have paid $812 million into the fund for construction of the repository; and

Whereas, A permanent repository for high-level nuclear waste has not been established and constructed. More than 2,000 metric tons of spent nuclear fuel from power plants continue to accumulate at temporary, and potentially vulnerable, sites across the nation, adding to the more than 70,000 metric tons already stored at these sites; and

Whereas, The Nuclear Waste Fund contains a substantial balance for establishment of the repository. While fee collection was suspended as of May 16, 2014, the fund still contains a balance of over $31 billion for the express purpose of supporting radioactive waste disposal activities. It is imperative that Congress meet its obligation to the nuclear power industry and U.S. citizens that paid into this fund; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers that paid into the fund; and be it further

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

The Senate has adopted the concurrent resolution.

Rep. Maturen was named co‑sponsor of the concurrent resolution.

The concurrent resolution was referred to the Committee on Energy Policy.

Senate Concurrent Resolution No. 8.

A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent solution for handling high-level nuclear waste.

Whereas, Nuclear power has been a significant source of the nation’s electricity production over the last four decades. According to the U.S. Energy Information Administration, nuclear power provided about 20 percent of the electricity produced in the United States in 2015, and Michigan’s three nuclear power plants were responsible for about 26 percent of the electricity generated in the state; and

Whereas, Since the earliest days of nuclear power, determining how to deal with used nuclear fuel has been a great dilemma. Currently, more than 70,000 metric tons of spent nuclear fuel are stored in pools or casks at temporary sites around the country, including locations in Michigan. This high-level radioactive waste demands exceptional care in all facets of its storage and disposal, including transportation; and

Whereas, More than 30 years ago, Congress enacted the Nuclear Waste Policy Act of 1982 to address the long-term storage of nuclear waste. The act requires the federal government, through the Department of Energy, to build a repository for the permanent storage of high-level radioactive material from nuclear power plants and to begin accepting waste by January 31, 1998. It is now 2017, and the nation remains without a permanent repository, despite billions of dollars collected from electric ratepayers for the project; and

Whereas, The Department of Energy’s National Laboratories have pioneered a method of recycling spent nuclear waste into fuel, known as pyrochemical processing, which could extend the productive life of uranium and cut down on nuclear waste. The Nuclear Regulatory Commission should prioritize the development and implementation of technical specifications and licensing requirements to enable the construction of Generation IV reactors capable of performing pyrochemical processing; and

Whereas, The federal government needs to build a permanent repository and promote the construction of pyrochemical processing facilities. Spent nuclear fuel continues to pile up at temporary sites around the country, and the ongoing problem of permanent disposal is an impediment to the potential of nuclear power to help meet our nation’s energy needs. Our nation can only continue to safely store this waste at temporary sites for so long; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation, as provided by law, to establish a permanent solution for handling high-level nuclear waste; and be it further

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

The Senate has adopted the concurrent resolution.

Reps. Greig and Maturen were named co‑sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Energy Policy.

Senate Concurrent Resolution No. 9.

A concurrent resolution to urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel.

Whereas, The federal Nuclear Waste Policy Act of 1982 called for the United States Department of Energy to begin collecting spent nuclear waste and develop a long-term plan for storage of the material. In 2002, Congress approved Yucca Mountain in Nevada as the location to allow the Department of Energy to establish a safe repository for high-level spent nuclear waste; and

Whereas, In 2010, the Department of Energy halted the project at Yucca Mountain when the construction authorization process was in progress, despite the Nuclear Waste Fund receiving more than $30 billion in revenue from electric customers throughout the United States in order to construct the facility and store the spent fuel; and

Whereas, The Argonne National Laboratory has developed a high-temperature method of recycling spent nuclear waste into fuel, known as pyrochemical processing. This process allows 100 times more of the energy in uranium ore to be used to produce electricity compared to current commercial reactors; and

Whereas, Extending the productive life of uranium ore through pyrochemical processing ensures almost inexhaustible supplies of low-cost uranium resources for the generation of electricity, minimizes the risk that used fuel could be stolen and used to produce weapons, and reduces the amount of nuclear waste and the time it must be isolated by almost 1,000 times; and

Whereas, Advanced non-light-water reactors currently under development in the United States and internationally have the potential to utilize used fuel from existing reactors as fuel, but according to the Nuclear Regulatory Commission, there are no reprocessing facilities currently operating within the United States; and

Whereas, The federal government’s inability to adequately store or reprocess almost 100,000 tons of spent nuclear fuel has adversely affected the residents of the state of Michigan. Michigan has paid more than $800 million into the Nuclear Waste Fund since 1983, but the federal government has failed to use it to permanently store nuclear waste in a way that serves the public; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel; and be it further

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

The Senate has adopted the concurrent resolution.

Rep. Maturen was named co‑sponsor of the concurrent resolution.

The concurrent resolution was referred to the Committee on Energy Policy.

Messages from the Governor

The following message from the Governor was received March 8, 2017 and read:

EXECUTIVE ORDER

No. 2017 – 1

MICHIGAN HOMELAND PROTECTION BOARD

DEPARTMENT OF STATE POLICE

RESCISSION OF EXECUTIVE ORDER 2009-52

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, under Section 8 of Article V of the Michigan Constitution of 1963 each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution; and

WHEREAS, it is necessary and proper to undertake all prudent measures to prevent, protect, mitigate, respond to, and recover from all hazards, including terrorist attacks or threats, and to maintain peace and good order; and

WHEREAS, there is a continuing need to assess and evaluate the security of the state of Michigan and to assure that all departments and agencies are communicating and coordinating efforts to address threats to our homeland security; and

WHEREAS, it is critical that the Governor be continuously apprised of homeland security issues and be provided the most accurate and prompt information available to ensure that all relevant factors are appropriately weighed in the development and implementation of effective and coordinated homeland security measures; and

WHEREAS, the replacement of Executive Order 2009-52 with this Order is necessary to reflect organizational changes in state government;

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. DEFINITIONS

A. “Adjutant General” means the commanding officer of the military establishment of this state under Section 300 of the Michigan Military Act, 1967 PA 150, 32.700, appointed by the Governor under Section 302 of the Michigan Military Act, 1967 PA 150, MCL 32.702.

B. “Board” means the Michigan Homeland Protection Board established by this Order.

C. “Department of Agriculture and Rural Development” means the principal department of state government created as the Department of Agriculture under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275 and renamed the Department of Agriculture and Rural Development by Executive Order 2011-2, MCL 285.11.

D. “Department of Civil Rights” means the principal department of state government created by Section 475 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.575.

E. “Department of Environmental Quality” means the principal department of state government created by Executive Order 2011-1, MCL 324.99921.

F. “Department of Health and Human Services” means the principal department of state government created by Executive Order 2015-4, MCL 400.227.

G. “Department of Natural Resources” means the principal department of state government created by Executive Order 2011-1, MCL 324.99921.

H. “Department of State Police” means the principal department of state government created by Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.

I. “Department of Technology, Management and Budget” means the principal department of state government created as the Department of Management and Budget under Section 121 of the Management and Budget Act, 1984 PA 431, MCL 18.1121, as amended by Executive Order 2001-3, MCL 18.41 and renamed the Department of Technology, Management and Budget by Executive Order 2009-55, MCL 18.441.

J. “Department of Transportation” means the principal department of state government created by Section 350 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.450.

II. RESCISSION OF EXECUTIVE ORDER 2009-52

A. Executive Order 2009-52 is rescinded in its entirety.

B. This Order shall not have the effect of reestablishing any portion of previously rescinded Executive Orders.

III. MICHIGAN HOMELAND SECURITY ADVISOR

A. The position of Homeland Security Advisor is created within the Michigan Department of State Police and shall be the Director of the Department of State Police, or his or her designee, and shall serve at the pleasure of the Governor.

B. The Homeland Security Advisor shall be the chief advisor to the Governor and other department directors and agency heads regarding the development of policies, programs, and procedures to protect, enhance, and manage Michigan’s homeland security.

C. The Homeland Security Advisor shall serve as the Michigan representative on national level homeland security boards and committees, as appropriate, or shall appoint a qualified representative from within the Executive Branch of state government.

IV. CHARGE TO THE HOMELAND SECURITY ADVISOR

A. The mission of the Homeland Security Advisor is to act as the Governor’s liaison with all state, local, tribal, federal, and international agencies, as well as private entities, to develop and coordinate the implementation of a comprehensive state strategy to secure the state of Michigan from terrorist threats or attacks.

B. The Homeland Security Advisor shall perform the functions necessary to carry out this mission, including coordination of the assessment, development, and evaluation of the Executive Branch’s plans for the prevention, protection, mitigation, response, and recovery from terrorist threats or attacks.

C. In performing the assigned functions, the Homeland Security Advisor shall work with governmental agencies and private entities, as appropriate, to do all of the following:

1. Coordinate efforts to prevent, protect against, and mitigate the consequences of emergencies and disasters, including terrorist threats or attacks.

2. Coordinate efforts to protect this state and its vital resources and critical infrastructure from terrorist threats or attacks, using an all-hazards approach.

3. Coordinate the development of policies to respond to and promote recovery from emergencies and disasters, including terrorist threats or attacks.

D. The Homeland Security Advisor shall coordinate a periodic review and assessment of the legal authorities available to the Governor, departments, and agencies to permit them to perform necessary functions related to homeland security efforts.

V. MICHIGAN HOMELAND PROTECTION BOARD

A. The Michigan Homeland Protection Board is created as an advisory body to the Homeland Security Advisor.

B. The Board shall develop, implement, and revise as needed, an effective and coordinated homeland security strategy. The Board shall refine and update this state’s domestic preparedness and homeland security strategies and shall continue to strengthen this state’s capabilities to prevent, protect against, mitigate, respond to, and recover from, all threats and hazards.

C. The Homeland Security Advisor shall be a member of the Board and shall serve as its Chairperson.

D. The other members of the Board shall be the Adjutant General, the Director of the Michigan Department of Agriculture and Rural Development, the Director of the Michigan Department of Civil Rights, the Director of the Michigan Department of Environmental Quality, the Director of the Michigan Department of Health and Human Services, the Director of the Michigan Department of Natural Resources, the Director of the Michigan Department of Technology, Management and Budget, and the Director of the Michigan Department of Transportation, or their designees.

E. The Board may adopt procedures consistent with Michigan law and this Order governing its organization and operations.

F. The Chairperson may appoint additional state agency directors to participate on the Board, or make other organizational changes to the Board as may be administratively necessary to accommodate organizational or structural changes within state government, or to address specific needs of the Board, or as requested by the Governor to accomplish the objectives assigned to the Board.

G. The Board may establish such committees, subcommittees, and workgroups as it deems necessary.

H. The Board shall meet at the call of the Chairperson, or at the request of the Governor, and as outlined in any procedures adopted by the Board.

I. The Board may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public. Subject to available funding, the Board may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

VI. DEPARTMENT OF STATE POLICE

A. As required by the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421:

1. The Director of the Department of State Police, or his or her designee, shall serve as the State Director of Emergency Management and Homeland Security.

2. The Emergency Management and Homeland Security Division within the Department of State Police shall coordinate this state’s emergency management activities for all emergencies and disasters.

3. The commanding officer of the Emergency Management and Homeland Security Division shall serve as the Deputy State Director of Emergency Management and Homeland Security.

4. All state departments and agencies shall cooperate with activities and requests from the Emergency Management and Homeland Security Division of the Department of State Police.

B. The State Director of Emergency Management and Homeland Security shall direct homeland security response activities under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421.

C. The Emergency Management and Homeland Security Division of the Department of State Police shall serve as the central point for emergency and disaster response activities to ensure that all actions are carried out in a coordinated manner.

VII. MISCELLANEOUS

A. The Director of the Michigan Department of State Police shall make internal organizational changes within the Michigan Department of State Police as may be administratively necessary to implement this Order and to assure that the Governor is provided timely and accurate information and advice regarding homeland security matters and policy.

B. Departments and agencies shall, to the extent permitted by law, make available to the Director of the Michigan Department of State Police all information related to any potential threats, hazards, or terrorist activities. The Director of the Department of State Police shall encourage and invite the participation of local governments and private entities as appropriate.

C. Departments and autonomous agencies shall actively support the Michigan Homeland Protection Board by:

1. Assigning key personnel at the request of the Director of the Michigan Department of State Police or the Deputy State Director of Emergency Management and Homeland Security to actively participate in the state’s homeland security efforts and to assist in the development and implementation of homeland security goals and objectives.

2. Ensuring implementation of Board goals and objectives identified as requiring action by a particular department or agency.

D. The active collaboration and frequent participation in emergency management and homeland security efforts by all department directors and autonomous agency heads will ensure that the state’s emergency management and homeland security system is effectively prepared to address all threats and hazards.

E. 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. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 8th day of March, in the Year of our Lord Two Thousand Seventeen.

RICHARD D. SNYDER

GOVERNOR

BY THE GOVERNOR:

RUTH A. JOHNSON

SECRETARY OF STATE

The message was referred to the Clerk.

Introduction of Bills

Rep. Kosowski introduced

House Bill No. 4338, entitled

A bill to amend 1996 IL 1, entitled “Michigan gaming control and revenue act,” by amending section 9b (MCL 432.209b), as added by 1997 PA 69.

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

Rep. Kosowski introduced

House Bill No. 4339, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 13b (MCL 125.1513b), as added by 1988 PA 146.

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

Rep. Kosowski introduced

House Bill No. 4340, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1292.

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

Reps. Pagan, Rabhi, Hoadley, Green, Cochran, Yanez, Wittenberg, Gay-Dagnogo, Moss, Lasinski, Faris and Brinks introduced

House Bill No. 4341, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

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

Reps. Cochran, Ellison, Santana, Liberati, Sabo, Hammoud, LaGrand, Chirkun, Elder, Dianda, Peterson, Hertel, Geiss, Love, Hoadley, Chang, Brinks, Yanez, Byrd, Moss, Robinson, Lasinski, Wittenberg, Pagan, Gay-Dagnogo and Rabhi introduced

House Bill No. 4342, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38.

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

Rep. Kosowski introduced

House Bill No. 4343, entitled

A bill to require persons convicted of child abuse offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions.

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

Reps. Howrylak, Pagan, Robinson, LaGrand, Chang, Wittenberg, Hoadley and Runestad introduced

House Bill No. 4344, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 52 and 69 (MCL 169.252 and 169.269), section 52 as amended by 2015 PA 269 and section 69 as amended by 2013 PA 252.

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

______

Rep. Rendon moved that the House adjourn.

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

The Speaker Pro Tempore declared the House adjourned until Tuesday, March 14, at 1:30 p.m.

GARY L. RANDALL

Clerk of the House of Representatives

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