STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, February 5,
2019.
10:00
a.m.
The
Senate was called to order by the President pro tempore, Senator Aric Nesbitt.
The roll
was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Pastor
Walter Gibson of Pilgrim Rest Baptist Church of Lansing offered the following
invocation:
Lord God,
Ruler of all, we thank You for instituting authority and government and we pray
that goodwill will be done and evil will be held at bay.
We thank
You for this great country, the state of Michigan, and we praise You for the
times when order is maintained and there is safety and peace. Guide this
governing body and give them a clear sense of Your will. Grant them each day
the clarity of thought and the precision of speech that is necessary to work as
a team for the betterment of all people. When the pressures of their calling
get heavy, remind them of Your requirement in Micah 6:8, “to act justly and to
love mercy and to walk humbly with your God.”
We thank
You. Amen.
The
President pro tempore, Senator Nesbitt, led the members of the Senate in
recital of the Pledge of Allegiance.
Motions and Communications
Senator Ananich entered the
Senate Chamber.
The following communication was received
and read:
Office of the Senate Majority Leader
January 29, 2019
I would like Senate Bills 71 and 72
re-referred to the Senate Committee on Judiciary and Public Safety.
If you have any questions regarding
this matter, please do not hesitate to contact me.
Sincerely,
Mike
Shirkey
16th
Senate District
Senate
Majority Leader
The communication was referred to
the Secretary for record.
The following communication was received
and read:
Office of the Auditor General
January 29, 2019
Enclosed is a copy of the following
reports:
• Performance
audit report on the Michigan Business Development Program, Michigan Strategic
Fund (MSF), Department of Talent and Economic Development (186-0500-17).
• Follow-up
report on the Community and Noncommunity Water Supplies, Drinking Water and
Municipal Assistance Division, Department of Environmental Quality
(761-0320-15F).
Sincerely,
Doug
Ringler
Auditor
General
The audit reports were referred to the
Committee on Oversight.
Messages from the Governor
The following message from the Governor
was received on January 29, 2019, and read:
I hereby transmit a copy of Executive
Order 2019-1, issued January 29, 2019.
Respectfully
yours,
Gretchen
Whitmer
Governor
EXECUTIVE
ORDER
No. 2019-1
Declaration of State of Emergency
The National Weather Service has issued
multiple winter weather warnings across the State of Michigan beginning Tuesday, January 29, 2019. These
warnings predict extremely cold weather as an Arctic airmass
settles over the region and brings
record or near-record low temperatures, accompanied by gusty winds. Wind chills
are predicted as low as 50 degrees below zero in many places.
Possible effects include disruptions in
travel and commerce, and the threat of frostbite, hypothermia, or even death if
proper precautions are not taken.
These extreme conditions are predicted
across the Upper and Lower Peninsulas and will extend to areas less accustomed
to extreme cold temperatures, such as the metropolitan Detroit area. Such
widespread, extreme conditions have not occurred in Michigan for many years.
Under the Emergency Management Act, 1976
PA 390, MCL 30.403(4), “[t]he governor shall, by executive order or
proclamation, declare a state of emergency if he or she finds that an emergency
has occurred or that the threat of an emergency exists.”
Therefore, acting pursuant to the Michigan
Constitution of 1963 and Michigan law, including the Emergency Management Act,
1976 PA 390, MCL 30.401 to 30.421, I order the following:
1. A
state of emergency is declared across the State of Michigan.
2. The
Emergency Management and Homeland Security Division of the Department of State
Police will coordinate and maximize all state efforts that may be activated to
state service to assist local governments and officials and may call upon all
state departments to utilize available resources to assist consistent with the
Michigan Emergency Management Plan.
3. The
state of emergency is terminated when emergency conditions no longer exist and
appropriate programs have been implemented to recover from any effects of the
emergency conditions, but in no case later than Saturday, February 2, 2019.
Date: January 28, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to
the Committee on Government Operations.
The
following message from the Governor was received on February 4, 2019, and read:
EXECUTIVE ORDER
No. 2019-2
Department
of Environmental Quality
Department
of Licensing and Regulatory Affairs
Department
of Natural Resources
Department
of Technology, Management, and Budget
Department
of Environment, Great Lakes, and Energy
Executive
Reorganization
Section
1 of article 5 of the Michigan Constitution of 1963 vests the executive power
of the State of Michigan in the governor.
Section
2 of article 5 of the Michigan Constitution of 1963 empowers the governor to
make changes in the organization of the executive branch of state government or
in the assignment of functions among its units that the governor considers
necessary for efficient administration.
State
government needs a principal department focused on improving the quality of
Michigan’s air, land, and water, protecting public health, and encouraging the
use of clean energy. That department should serve as a full-time guardian of
the Great Lakes, our freshwater, and our public water supplies.
Michigan state government can better administer
the implementation of administrative rules and the conduct of administrative
hearings—particularly those that protect Michigan’s air, land, and water, and
the public health—by consolidating state functions and responsibilities
relating to administrative hearings and rules.
Overly
bureaucratic organizations within state government can hinder the state’s response
to threats to the environment and public health and detract from good
government.
It
is necessary in the interests of efficient administration and effectiveness of
government to change the organization of the executive branch of state government.
Acting
pursuant to the Michigan Constitution of 1963 and Michigan law, I order the
following:
1. Establishing the Department of
Environment, Great Lakes, and Energy
(a) Renaming
the Department of Environmental Quality
(1) The
Department of Environmental Quality is renamed the Department of Environment,
Great Lakes, and Energy (the “Department”).
(2) After
the effective date of this order, a reference to the Department of
Environmental Quality will be deemed to be a reference to the Department.
(3) After
the effective date of this order, a reference to the director of the Department
of Environmental Quality will be deemed to be a reference to the director of
the Department.
(b) Interagency
Environmental Justice Response Team
(1) The
Interagency Environmental Justice Response Team (the “Response Team”) is
created as an advisory body within the Department, consisting of the following
members:
(A) The
director of the Department, or the director’s designee from within the
Department.
(B) The
director of the Department of Agriculture and Rural Development, or the
director’s designee from within that department.
(C) The
executive director of the Department of Civil Rights, or the executive director’s
designee from within that department.
(D) The
director of the Department of Health and Human Services, or the director’s
designee from within that department.
(E) The
director of the Department of Natural Resources, or the director’s designee
within that department.
(F) The
president of the Michigan Strategic Fund, or the president’s designee from
within the Michigan Strategic Fund.
(G) The
director of the Department of Transportation, or the director’s designee from
within that department.
(H) The
chairperson of the Public Service Commission, or the chairperson’s designee
from within the Public Service Commission.
(2) The
members of the Response Team are ex officio members.
(3) The
director of the Department, or the director’s designee from within the
Department, is designated as the chairperson of the Response Team.
(4) The
Response Team shall act in an advisory capacity with the goal of assuring that
all Michigan residents benefit from the same protections from environmental
hazards, and do all the following:
(A) Assist the Department in developing, implementing,
and regularly updating a statewide environmental justice plan (the “Plan”).
(B) Identify
and make recommendations to address discriminatory public health or
environmental effects of state laws, regulations, policies, and activities on
Michigan residents, including an examination of disproportionate impacts.
(C) Develop
policies and procedures for use by state departments and agencies, including
collaborative problem-solving, to assist in assuring that environmental justice
principles are incorporated into departmental and agency decision-making and
practices.
(D) Recommend
mechanisms for members of the public, communities, tribal governments, and
groups, including disproportionately-burdened communities, to assert adverse or
disproportionate social, economic, or environmental impact upon a community and
request responsive state action.
(E) Make
recommendations to ensure consistency with federal environmental justice
programs and recommend specific mechanisms for monitoring and measuring the
effects of implementing the Plan.
(F) Identify
state departments and agencies that could benefit from the development of a
departmental or agency environmental justice plan.
(G) Assist
in the development of departmental or agency environmental justice plans and
review the plans for consistency with the state environmental justice plan.
(H) Recommend
measures to integrate and coordinate the actions of state departments to
further the promotion of environmental justice in this state.
(I) Recommend
environmental justice performance goals and measures for the Department and
other state departments and agencies with departmental or agency environmental
justice plans.
(J) Review
the progress of the Department and other departments and agencies with
environmental justice plans in complying with the plan and promoting
environmental justice.
(K) Interact
with tribal governments regarding environmental justice issues.
(L) Work
to achieve Michigan’s goal of becoming a national leader in achieving environmental
justice.
(M) Make
recommendations to improve environmental justice training for state and local
officials and employees.
(N) Review
best practices to enhance community environmental quality monitoring.
(O) Recommend
changes in Michigan law.
(P) Perform
other advisory duties as requested by the director of the Department or the
governor.
(5) The
following provisions apply to the operations of the Response Team:
(A) The
Department shall assist the Response Team in the performance of its duties and
provide personnel to staff the Response Team, subject to available funding. The
budgeting, procurement, and related management functions of the Response Team
will be performed under the direction and supervision of the director of the
Department.
(B) The Response Team shall adopt procedures,
consistent with this order and applicable law, governing its organization and
operations. The Response Team should actively solicit public involvement in its
activities.
(C) A majority of the members of the Response Team
serving constitutes a quorum for the transaction of the business of the
Response Team. The Response Team must act by a majority vote of its serving
members.
(D) The
Response Team shall meet at the call of its chairperson and as otherwise
provided in procedures adopted by the Response Team.
(E) The Response Team may establish advisory
workgroups composed of individuals or entities participating in Response Team
activities or other members of the public as deemed necessary by the Response
Team to assist the Response Team in performing its duties and responsibilities.
The Response Team may adopt, reject, or modify any recommendations proposed by
an advisory workgroup.
(F) The
Response Team may, as appropriate, make inquiries, studies, investigations,
hold hearings, and receive comments from the public. The Response Team also may
consult with outside experts in order to perform its duties, including experts
in the private sector, organized labor, government agencies, and at
institutions of higher education.
(G) The Response Team may hire or retain contractors,
sub-contractors, advisors, consultants, and agents, and may make and enter into
contracts necessary or incidental to the exercise of the powers of the Response
Team and the performance of its duties as the director deems advisable and
necessary, consistent with this order and applicable law, rules and procedures,
subject to available funding.
(H) The
Response Team may accept donations of labor, services, or other things of value
from any public or private agency or person. Any donations shall be received
and used in accordance with law.
(6) All
departments, committees, commissioners, or officers of this state shall give to
the Response Team, or to any member or representative of the Response Team, any
necessary assistance required by the Response Team, or any member or
representative of the Response Team, in the performance of the duties of the
Response Team so far as is compatible with their duties and consistent with
this order and applicable law. Free access also must be given to any books,
records, or documents in their custody relating to matters within the scope of
inquiry, study, or review of the Response Team, consistent with applicable law.
(7) Executive
Directive 2018-3 is rescinded in its entirety. The Environmental Justice
Interagency Work Group described in Executive Directive 2018-3 is abolished.
The position of Environmental Justice Ombudsman described in Executive
Directive 2018-3 is abolished.
(c) Office
of the Clean Water Public Advocate
(1) The
Office of the Clean Water Public Advocate is created as a Type I agency within
the Department.
(2) The
director of the Department shall appoint the Clean Water Public Advocate, who
will be the head of the Office of the Clean Water Public Advocate.
(3) The
Clean Water Public Advocate shall do all the following:
(A) Accept
and investigate complaints and concerns related to drinking water quality
within the State of Michigan.
(B) Establish
complaint, investigatory, informational, educational, and referral procedures
and programs relating to drinking water quality, coordinating with existing
programs where feasible.
(C) Establish
a statewide uniform reporting system to collect and analyze complaints about
drinking water quality for the purpose of publicizing improvements and
significant problems, coordinating with existing programs where feasible.
(D) Assist
the Department, or other departments or agencies, in the resolution of
complaints where necessary or appropriate.
(E) Assist
in the development, and monitor the implementation, of state and federal laws,
rules, and regulations relating to drinking water quality.
(F) Recommend
changes in state and federal law, rules, regulations, policies, guidelines,
practices, and procedures relating to drinking water quality.
(G) Cooperate
with persons and public or private agencies and undertake or participate in
conferences, inquiries, meetings, or studies that may lead to improvements in
drinking water quality in this state.
(H) Publicize
the activities of the Office of the Clean Water Public Advocate, as
appropriate.
(I) Identify
issues related to drinking water quality that transcend state departmental
jurisdictions and work with the director of the Department, the director of the
Department of Health and Human Services, and other state departments and
agencies to seek solutions.
(J) Report
matters relating to drinking water quality to the governor and the director of
the Department, as the Clean Water Public Advocate deems necessary.
(4) All
departments, committees, commissioners, or officers of this state shall give to
the Office of the Clean Water Public Advocate, or to any member or
representative of the Office of the Clean Water Public Advocate, any necessary assistance required by the Office of the Clean Water
Public Advocate, or any
member or representative of the
Office of the Clean Water Public Advocate, in the performance of the duties of
the Office of the Clean Water Public Advocate so far as is compatible with
their duties and consistent with this order and applicable law. Free access
also must be given to any books, records, or documents in their custody
relating to matters within the scope of inquiry, study, or review of the Office
of the Clean Water Public Advocate, consistent with applicable law.
(d) Office
of Climate and Energy
(1) The
Office of Climate and Energy is established within the Department.
(2) The Office of Climate and Energy shall exercise
the authorities, powers, duties, functions, and responsibilities
transferred from the Michigan Agency for Energy to the Department under section
5(b) of this order.
(3) The
Office of Climate and Energy also shall do all the following:
(A) Coordinate
activities of state departments and agencies on climate response.
(B) Provide
insight and recommendations to state government and local units of government
on how to mitigate climate impact and adapt to climate changes.
(C) Provide
guidance and assistance for the reduction of greenhouse gas emissions,
renewable energy and energy efficiency, and climate adaptation and resiliency.
(D) Perform
other functions and responsibilities as requested by the director of the
Department.
(e) Office
of the Great Lakes
(1) A
new Office of the Great Lakes is established within the Department.
(2) The Office of the Great Lakes shall exercise the
authorities, powers, duties, functions, and responsibilities transferred
from the former Office of the Great Lakes to the Department under section 6(a)
of this order, as allocated or reallocated
by the director of the Department to promote the economic and efficient
administration and operation of the Department.
(f) Office
of the Environmental Justice Public Advocate
(1) The Office of the Environmental Justice Public
Advocate is created as a Type I agency within the Department.
(2) The
director of the Department shall appoint the Environmental Justice Public
Advocate, who is the head of the Office of the Environmental Justice Public
Advocate.
(3) The
Environmental Justice Public Advocate shall do all the following:
(A) Accept
and investigate complaints and concerns related to environmental justice within
the state of Michigan.
(B) Establish
complaint, investigatory, informational, educational, and referral procedures
and programs relating to environmental justice, coordinating with existing
investigatory programs where feasible.
(C) Establish a statewide uniform reporting system to
collect and analyze complaints about environmental justice for the
purpose of publicizing improvements and significant problems, coordinating with
existing programs where feasible.
(D) Assist
the Department, or other departments or agencies, in the resolution of
complaints where necessary or appropriate.
(E) Assist
in the development, and monitor the implementation of, state and federal laws,
rules, and regulations relating to environmental justice.
(F) Recommend
changes in state and federal law, rules, regulations, policies, guidelines,
practices, and procedures relating to environmental justice.
(G) Cooperate
with persons and public or private agencies and undertake or participate in
conferences, inquiries, meetings, or studies that may lead to improvements in
environmental justice in this state.
(H) Publicize
the activities of the Office of the Environmental Justice Public Advocate.
(I) Identify
issues related to environmental justice that transcend state departmental
jurisdictions and work with the director of the Department and the Interagency
Environmental Justice Response Team created under section 1(b) of this order to
seek solutions.
(J) Report
matters of environmental injustice involving state departments and agencies to
the governor and the director of the Department, as the Environmental Justice
Public Advocate deems necessary.
(K) Attend
and participate in meetings of the Interagency Environmental Justice Response
Team created under section 1(b) of this order.
(4) All
departments, committees, commissioners, or officers of this state shall give to
the Office of the Environmental Justice Public
Advocate, or to any member or representative of the Office of the Environmental
Justice Public Advocate, any necessary assistance required by the Office of the
Environmental Justice Public Advocate, or any member or representative of the
Office of the Environmental Justice Public Advocate, in the performance of the
duties of the Office of the Environmental Justice Public Advocate so far as is
compatible with their duties and consistent with this order and applicable law.
Free access also must be given to any books, records, or documents in their
custody relating to matters within the scope of inquiry, study, or review of
the Office of the Environmental Justice Public Advocate, consistent with
applicable law.
(g) Science
Review Boards
(1) The director of the Department may create one or
more science review boards to advise the Department and the governor on
scientific issues relating to the authorities, powers, duties, functions, and
responsibilities of the Department, including those relating to protecting
Michigan’s environment, the Great Lakes, and the safety of drinking water.
(2) A
board created under section 1(g)(1) of this order will consist of 7 members
appointed by the director of the Department, each with scientific expertise in
one or more of the following areas: biology, chemistry, ecology, climatology,
hydrology, hydrogeology, toxicology, human medicine, engineering, geology,
physics, risk assessment, or other related disciplines.
(3) A
board created under section 1(g)(1) of this order shall assess the scientific
issue before the board and determine whether the board has sufficient expertise
to fully review the issue. If the board determines that additional expertise
would assist the board in its review, the board may request assistance from one
or more persons with knowledge and expertise related to the subject of its
scientific inquiry.
(4) The
director of the Department shall designate a member of a board created under
section 1(g)(1) of this order to serve as the chairperson of that board at the
pleasure of the director. The board may select a member of the board to serve
as its vice-chairperson.
(5) A
board created under section 1(g)(1) of this order will be staffed and assisted
by personnel from the Department, subject to available funding. The budgeting,
procurement, and related management functions of the board will be performed
under the direction and supervision of the director of the Department.
(6) A
board created under section 1(g)(1) of this order shall adopt procedures,
consistent with this order and applicable law, governing its organization and
operations.
(7) A majority of the members serving on a board
created under section 1(g)(1) of this order constitutes a quorum for the
transaction of the board’s business. The board shall act by a majority vote of
its serving members.
(8) A
board created under section 1(g)(1) of this order will meet at the call of its
chairperson and as may be provided in procedures adopted by the board.
(9) A
board created under section 1(g)(1) of this order may make inquiries, studies,
investigations, hold hearings, and receive comments from the public relating to
its functions and responsibilities under this order. A board also may consult
with outside experts in connection with the performance of its duties,
including experts in the private sector, at government agencies, and at
institutions of higher education.
(10) Members
of a board created under section 1(g)(1) of this order serve without
compensation, but may receive reimbursement for necessary travel and expenses
consistent with applicable law, rules, and procedures, and subject to available
funding.
(11) A board created under section 1(g)(1) of this
order may hire or retain contractors, sub-contractors, advisors, consultants,
and agents, and may make and enter into contracts necessary or incidental to
the exercise of the powers of the board and the performance of its duties as
the director of the Department deems advisable and necessary, consistent with
applicable law, rules, and procedures, and subject to available funding.
(12) A
board created under section 1(g)(1) of this order may accept donations of
labor, services, or other things of value from any public or private agency or
person. Any donations shall be received and used in accordance with law.
(13) All
departments, committees, commissioners, or officers of this state shall give to
a board created under section 1(g)(1) of this order, or to any member or
representative of a board created under section 1(g)(1) of this order, any
necessary assistance required by the board created under section 1(g)(1) of
this order, or any member or representative of a board created under section
1(g)(1) of this order, in the performance of a board created under section
1(g)(1) of this order so far as is compatible with their duties and consistent
with this order and applicable law. Free access also must be given to any
books, records, or documents in their custody relating to matters within the
scope of inquiry, study, or review of a board created under section 1(g)(1) of
this order, consistent with applicable law.
(h) State
Plumbing Board
(1) The
position on the State Plumbing Board designated for the director of the
Department of Environmental Quality or his or her authorized representative is
transferred to the director of the Department or the director’s designated
representative from within the Department, as a voting, ex officio member of
the State Plumbing Board.
(2) The
position on the State Plumbing Board designated for a member or employee of the
Department of Environmental Quality selected by the director of the Department
of Environmental Quality is transferred to an individual with expertise in
hydrology or clean drinking water appointed by the director of the Department
and serving at the pleasure of the director of the Department. The individual
appointed by the director of the Department under this section 1(h)(2) may be
an employee of the Department.
2. Administering the Department
(a) The
director of the Department is the head of the Department.
(b) The
director of the Department shall establish the internal organization of the
Department and allocate and reallocate duties and functions to promote the
economic and efficient administration and operation of the Department.
(c) The
director of the Department may promulgate rules and regulations as necessary to
carry out functions vested in the director under this order or other law in
accordance with the Administrative Procedures Act of 1969, 1969 PA 306, MCL
24.201 to 24.328.
(d) The
director of the Department may perform a duty or exercise a power conferred by
law or executive order upon the director of the Department at the time and to
the extent the duty or power is vested in the director of the Department by law
or order.
(e) The
director of the Department may appoint one or more deputy directors and other
assistants and employees as necessary to implement and effectuate the powers,
duties, and functions vested in the Department under this order or other law.
(f) Deputies
may perform the duties and exercise the duties as prescribed by the director of
the Department. The director of the Department may delegate within the
Department a duty or power conferred on the director of the Department by this
order or other law, and the person to whom the duty or power is delegated may
perform the duty or exercise the power at the time and to the extent that the
duty or power is delegated by the director of the Department.
(g) Decisions
made by the director of the Department, or by persons to whom the director has
lawfully delegated decision-making authority, are subject to judicial review as
provided by law and in accordance with applicable court rules.
(h) The
director of the Department may utilize administrative law judges and hearing
officers employed by the Michigan Office of Administrative Hearings and Rules
to conduct contested case hearings and to issue proposals for decisions as
provided by law or rule.
(i) The
director of the Department is the chief advisor to the governor regarding the
development of energy policies and programs.
(j) The
director of the Department is the chief advisor to the governor regarding the
development of policies and programs relating to freshwater and the Great
Lakes.
(k) The
director of the Department is designated as the governor’s designee as a
commissioner on the Great Lakes Commission under section 32202 of the Natural
Resources and Environmental Protection Act, 1994 PA 451, as amended, MCL
324.32202.
(l) The director of the Department may establish
advisory workgroups, advisory councils, or other ad hoc committees to
provide citizen and other public input and to advise the director or the
Department on the exercise of the authorities, powers, duties, functions, and
responsibilities vested in the Department.
3. Establishing the Michigan Office of
Administrative Hearings and Rules
(a) The
Michigan Office of Administrative Hearings and Rules (“Office”) is created as a
Type I agency within the Department of Licensing and Regulatory Affairs. The director
of the Department of Licensing and Regulatory Affairs shall appoint an
executive director of the Office to head the Office. The executive director of
the Office must administer the personnel functions of the Office and be the
appointing authority for employees of the Office.
(b) As
a Type I agency, the Office shall exercise its prescribed powers, duties,
responsibilities, functions, and any rule-making, licensing, and registration,
including the prescription of any rules, rates, and regulations and standards,
and adjudication, including those transferred to the Office under this order,
independently of the director of the Department of Licensing and Regulatory
Affairs. The budgeting, procurement, and related management functions of the
Office shall be performed under the direction and supervision of the director
of the Department of Licensing and Regulatory Affairs.
(c) After
the effective date of this order, a reference to the Michigan Administrative
Hearing System or the Michigan Office of Regulatory Reinvention will be deemed
to be a reference to the Michigan Office of Administrative Hearings and Rules
created under section 3 of this order. The position of executive director of
the Michigan Administrative Hearing System is abolished.
(d) The
executive director of the Office is the chief regulatory officer of the State
of Michigan.
4. Transfers from the Department of
Environmental Quality
(a) Environmental
Permit Review Commission
(1) The
Environmental Permit Review Commission (the “Commission”) established within
the Department under section 1313 of the Natural Resources and Environmental
Protection Act, 1994 PA 451, as amended, MCL 324.1313, including any
environmental permit panels of the Commission provided for by section 1315 of
the Natural Resources and Environmental Protection Act, 1994 PA 451, as
amended, MCL 324.1315, is transferred by Type III transfer to the Department.
(2) The
Commission is abolished.
5. Transfers from the Department of
Licensing and Regulatory Affairs
(a) Michigan
Public Service Commission
(1) The
Michigan Public Service Commission is transferred by Type I transfer from the
Michigan Agency for Energy to the Department of Licensing and Regulatory
Affairs.
(b) Michigan
Agency for Energy
(1) The
Energy Security section of the Michigan Agency for Energy is transferred to the
Michigan Public Service Commission.
(2) The
Michigan Agency for Energy, excluding any authorities, powers, duties,
functions, and responsibilities transferred under section 5(a) or 5(b)(1), is
transferred by Type III transfer from the Department of Licensing and
Regulatory Affairs to the Department. The director of the Department may
allocate authority, power, duties, functions and responsibilities transferred
under this section 5(b)(2) within the new Office of Climate and Energy created
by section 1(d) of this order.
(3) The
Michigan Agency for Energy is abolished.
(4) The
position of executive director of the Michigan Agency for Energy is abolished.
(c) Michigan
Administrative Hearing System
(1) The
authorities, powers, duties, functions, and responsibilities of the Michigan
Administrative Hearing System created by Executive Order 2011-4, MCL 445.2030,
are transferred to the Michigan Office of Administrative Hearing and Rules
created by section 3 of this order.
(2) The
Michigan Administrative Hearing System is abolished.
6. Transfers from the Department of Natural
Resources
(a) Office
of the Great Lakes
(1) The
Office of the Great Lakes is transferred by Type III transfer from the
Department of Natural Resources to the Department.
(2) The
Office of the Great Lakes is abolished.
(3) The
position of director of the Office of the Great Lakes is abolished.
7. Transfers from the Department of
Technology, Management, and Budget
(a) Office
of Performance and Transformation
(1) The
Office of Good Government created within the Office of Performance and
Transformation under section III of Executive Order 2016-4, MCL 18.446, is
transferred by Type III transfer to the Department of Technology, Management,
and Budget and is abolished.
(2) The
Office of Reinventing Performance in Michigan, also known as the Office of
Continuous Improvement, created within the Office of Performance and
Transformation under section IV of Executive Order 2016-4, MCL 18.446, is transferred
by Type III transfer to the Department of Technology, Management, and Budget
and is abolished.
(3) Except
as otherwise provided in section 7(a)(4), the authorities, powers, duties,
functions, and responsibilities of the Office of Interagency Initiatives within
the Office of Performance and Transformation are transferred to the Executive
Office of the Governor and the Office of Interagency Initiatives is abolished.
(4) All
the authorities, powers, duties, functions, and responsibilities vested in the
Office of Performance and Transformation under section V of Executive Order
2016-4, MCL 18.446, are transferred by Type III transfer to the Department of
Technology, Management and Budget.
(5) The
Environmental Rules Review Committee created within the Office of Performance
and Transformation under section 65 of the Administrative Procedures Act of
1969, 1969 PA 306, as amended, MCL 24.265, is transferred by Type III transfer
to the Department and is abolished. The authorities, powers, duties, functions,
and responsibilities of the Office of Performance and Transformation under
section 66 of the Administrative Procedures Act of 1969, 1969 PA 306, MCL
24.266, are transferred by Type III transfer to the Department.
(6) The
authorities, powers, duties, functions, and responsibilities of the Office of
Performance and Transformation transferred from the Office of Regulatory
Reinvention under section II of Executive Order 2016-4, MCL 18.446, and
the authorities, powers, duties, functions, and responsibilities of the Office
of Performance and Transformation under the Administrative Procedures Act, 1969
PA 306, as amended, MCL 24.201 to 24.328, not transferred to the Department
under this order are transferred to the Michigan Office of Administrative
Hearings and Rules created by section 3 of this order. The Office of Regulatory
Reinvention is abolished.
(7) Any
remaining authorities, powers, duties, functions and responsibilities of the
Office of Performance and Transformation not otherwise transferred under this
section 7(a), including the Office of Internal Audit Services, which remains
intact, are transferred to the State Budget Office and the Office of
Performance and Transformation is abolished.
(b) Environmental
Science Advisory Board
(1) The
Environmental Science Advisory Board is transferred by Type III transfer from
the Department of Technology, Management, and Budget to the Department.
(2) The
Environmental Science Advisory Board is abolished.
8. Definitions
As
used in this order:
(a) “Civil
Service Commission” means the commission required under section 5 of article 11
of the Michigan Constitution of 1963 and includes the State Personnel Director.
(b) “Department
of Environment, Great Lakes, and Energy” or “Department” means the principal
department of state government originally created as the Department of
Environmental Quality under section IV of Executive Order 2011-1, MCL
324.99921, and renamed by this order.
(c) “Department
of Environmental Quality” means the principal department of state government created
under section IV of Executive Order 2011-1, MCL 324.99921.
(d) “Department
of Health and Human Services” means the principal department of state
government created by Executive Order 2015-4, MCL 400.227.
(e) “Department
of Licensing and Regulatory Affairs” means the principal department of state
government originally created as the Department of Commerce under section 225
of the Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.325,
renamed as the Department of Consumer and
Industry Services by Executive Order 1996-2, MCL 445.2001, renamed the
Department of Labor and
Economic Growth by Executive Order
2003-18, MCL 445.2011, renamed the Department of Energy, Labor, and Economic
Growth by Executive Order 2008-20, MCL 445.2025, and renamed the Department of
Licensing and Regulatory Affairs by Executive Order 2011-4, MCL 445.2030.
(f) “Department
of Natural Resources” means the principal department of state government
created under section III of Executive Order 2011-1, MCL 324.99921.
(g) “Department
of Technology, Management, and Budget” means the principal department of state
government originally created as the Department of Management and Budget by
section 121 of The Management and Budget Act, 1984 PA 481, as amended, MCL
18.1211, and renamed the Department of Technology, Management, and Budget by
Executive Order 2009-55, MCL 18.441.
(h) “Environmental
Science Advisory Board” means the board created within the Department of Technology,
Management, and Budget under section 2603 of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended, MCL 2603.
(i) “Michigan Administrative Hearing System”
means the agency created within the Department of Licensing and Regulatory
Affairs by section IX of Executive Order 2011-4, MCL 445.2030.
(j) “Michigan
Agency for Energy” means the agency created within the Department of Licensing
and Regulatory Affairs by Executive Order 2015-10, MCL 460.21, as modified by
Executive Order 2018-1, MCL 460.22.
(k) “Michigan
Office of Administrative Hearings and Rules” means the office created within
the Department of Licensing and Regulatory Affairs under section 3 of this
order.
(l) “Michigan Public Service Commission” means
the commission created under the Michigan Public Service Commission Act of
1939, as amended, 1939 PA 3, MCL 460.1.
(m) “Office
of the Great Lakes,” as used in section 6(a) of this order, means the office
created under section 32903 of the Natural Resources and Environmental
Protection Act, as amended, 1994 PA 451, MCL 324.32903, transferred to the
former Department of Environmental Quality by Executive Order 1995-18, MCL
324.99903, transferred to the former Department of Natural Resources and
Environment by Executive Order 2009-45, MCL 324.99919, transferred to the
Department of Environmental Quality by Executive Order 2011-1, MCL 324.99921,
and transferred to the Department of Natural Resources by Executive Order
2017-9, MCL 324.99922, including all of the authorities, powers, duties,
functions, responsibilities transferred with the Office of the Great Lakes
under Executive Order 2017-9, MCL 324.99922.
(n) “Office
of Performance and Transformation” means the office created within the State
Budget Office by Executive Order 2016-4, MCL 18.446.
(o) “State
Budget Office” means the office within the Department of Technology,
Management, and Budget created originally as the Office of the State Budget
Director by section 321 of The Management and Budget Act, 1984 PA 431, as amended,
MCL 18.1321, and renamed as the State Budget Office by Executive Order 2009-55,
MCL 18.441.
(p) “State
Budget Director” means the individual appointed by the governor under section
321 of The Management and Budget Act, 1984 PA 431, as amended, MCL 18.1321.
(q) “State
Personnel Director” means the administrative and principal executive officer of
the Civil Service Commission provided for under section 5 of article 11 of the
Michigan Constitution of 1963 and section 204 of the Executive Organization Act
of 1965, 1965 PA 380, as amended, MCL 16.304.
(r) “State
Plumbing Board” means the board provided for by section 1105 of the Skilled
Trade Regulation Act, 2016 PA 407, MCL 339.6105.
(s) “Type
I agency” means an agency established consistent with Section 3(a) of the
Executive Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.
(t) “Type
II transfer” means that phrase as defined under Section 3 of the Executive
Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.
(u) “Type
III transfer” means that phrase as defined under Section 3 of the Executive
Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103.
9. Implementation
(a) The
director of any department receiving a transfer under this order shall provide
executive direction and supervision for the implementation of all transfers to
that department under this order.
(b) The
functions and responsibilities transferred to a department under this order
will be administered under the direction and supervision of the director of the
department receiving a transfer under this order.
(c) Any
records, personnel, property, and unexpended balances of appropriations,
allocations, and other funds used, held, employed, available, or to be made
available to any entity for the authority, activities, powers, duties,
functions, and responsibilities transferred to a department receiving a
transfer under this order are transferred to that same department receiving a
transfer under this order.
(d) The
director of any department receiving a transfer under this order shall
administer the functions and responsibilities transferred to the department
receiving a transfer under this order in such ways as to promote efficient
administration and must make internal organizational changes as
administratively necessary to complete the realignment of responsibilities
under this order.
(e) State
departments, agencies, and state officers shall fully and actively cooperate
with and assist the director of a department with implementation
responsibilities under this order. The director of a department
with implementation responsibilities
under this order may request the assistance of other state departments,
agencies, and officers with respect to personnel, budgeting, procurement,
telecommunications, information systems, legal services, and other
management-related functions, and the departments, agencies, and officers shall
provide that assistance.
(f) The
State Budget Director shall determine and authorize the most efficient manner
possible for handling financial transactions and records in this state’s
financial management system necessary to implement this order.
(g) A
rule, regulation, order, contract, or agreements relating to a function or
responsibility transferred under this order lawfully adopted before the
effective date of this order will continue to be effective until revised,
amended, repealed, or rescinded.
(h) This
order does not abate any criminal action commenced by this state before the
effective date of this order.
(i) This order is not intended to abate a
proceeding commenced by, against, or before an entity affected by this order. A
proceeding may be maintained by, against, or before the successor of any entity
affected under this order.
(j) If
any portion of this order is found to be unenforceable, the unenforceable
provision should be disregarded and the rest of the order should remain in
effect as issued.
(k) Consistent
with section 2 of article 5 of the Michigan Constitution of 1963, this order is
effective April 7, 2019 at 12:01 a.m.
Given under my hand and the Great Seal of
the State of Michigan.
Date: February 4, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred to the
Committee on Government Operations.
By unanimous consent the Senate
proceeded to the order of
Resolutions
Senate
Resolution No. 9
Senate
Concurrent Resolution No. 5
The motion prevailed, a majority of the members serving voting therefor.
Senators Outman, Wojno, Nesbitt,
Lucido, Daley and Johnson offered the following resolution:
Senate
Resolution No. 9.
A resolution to commemorate February 1, 2019, as Blue Star Mother’s Day.
Whereas, Blue Star Mothers of America, Inc., is a national organization
of mothers whose sons and daughters serve honorably in the nation’s armed
forces; and
Whereas, Blue Star Mothers of America, Inc., was founded in Flint,
Michigan, in 1942; and
Whereas, The purposes and activities of Blue Star Mothers of America,
Inc., include all of the following:
• Perpetuating
the memory of the men and women who have served our country as members of the
armed forces;
• Welcoming home returning veterans;
• Visiting wounded veterans in hospitals and
rehabilitation centers;
• Assisting in veterans ceremonies;
• Attending patriotic rallies and meetings;
• Maintaining true allegiance to the
government of the United States;
• Upholding the American institutions of
freedom, justice, and equal rights;
• Caring for the unsupported mothers who gave
their sons and daughters to the service of the nation; and
• Providing moral support for members.
; now, therefore, be it
Resolved by the Senate, That the members of this legislative body
commemorate February 1, 2019, as Blue Star Mother’s Day; and be it further
Resolved, We recognize the contributions that Blue Star Mothers of
America, Inc., has made to our state and nation.
The question being on the adoption of
the resolution,
Senator MacGregor offered the following
concurrent resolution:
Senate
Concurrent Resolution No. 5.
A concurrent resolution providing for a joint convention of the Senate
and House of Representatives.
Resolved by the Senate (the House of Representatives concurring), That
the Senate and House of Representatives meet in joint convention in the Hall of
the House of Representatives, on February 12, 2019 at 6:30 p.m., to receive the
message of Governor Gretchen Whitmer.
The question being on the adoption of
the concurrent resolution,
The concurrent resolution was adopted.
Introduction and Referral of Bills
Senators Horn, Outman, Theis, Lucido, Geiss, McMorrow, Runestad, Daley
and MacDonald introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by
amending section 81d (MCL 750.81d), as amended by 2006 PA 517.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by
repealing section 474 (MCL 750.474).
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senator Lucido introduced
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of
1998,” by amending section 533 (MCL 436.1533), as amended by 2018 PA 386.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator Chang introduced
A bill to amend 2003 PA 225, entitled “An act to designate March 31 of
each year as Cesar E. Chavez day in the state of Michigan; to designate July 14
of each year as President Gerald R. Ford day in the state of Michigan; and to
designate July 30 of each year as Henry Ford day in the state of Michigan,”
(MCL 435.301 to 435.303) by amending the title and by adding section 4.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator VanderWall introduced
A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 3 (MCL
780.983), as amended by 2018 PA 214.
The bill was read a first and second time by title and referred to the Committee on Judiciary and Public Safety.
Senators Hertel, Wojno, Irwin, Geiss, Hollier,
McCann, Brinks, Santana, Chang, Moss, Polehanki, Bayer, McMorrow and Bullock
introduced
A bill to amend 1967 PA 281, entitled “Income tax
act of 1967,” (MCL 206.1 to 206.713) by adding section 275.
The bill was read a
first and second time by title and referred to the Committee on Finance.
Senators Hertel, Wojno, Irwin, Geiss, Hollier,
McCann, Brinks, Santana, Chang, Moss, Polehanki, Bayer, McMorrow, Ananich,
Bullock and Alexander introduced
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL
206.1 to 206.713) by adding sections 277 and 677.
The bill was read a first and second time by title and referred to the Committee on Finance.
Announcements of Printing and Enrollment
Senate Bill Nos. 68 69 70 71 72 73 74 75 76 77 78 79
House Bill Nos. 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119
Committee Reports
The Committee on Oversight submitted
the following:
Meeting held on Tuesday, January 29,
2019, at 2:00 p.m., Room 1300, Binsfeld Office Building
Present: Senators McBroom (C),
Lucido, Theis, MacDonald and Irwin
COMMITTEE ATTENDANCE REPORT
The
Committee on Regulatory Reform submitted the following:
Meeting
held on Tuesday, January 29, 2019, at 3:00 p.m., Room 1200, Binsfeld Office
Building
Present:
Senators Nesbitt (C), Theis, Johnson, Lauwers, VanderWall, Zorn, Moss,
Polehanki and Wojno
Advice and Consent - Wednesday, February 6, 3:00 p.m.,
Room 1100, Binsfeld Office Building and Thursday, February 7, 12:00 noon, Room
1300, Binsfeld Office Building (517) 373-5312
Agriculture - Thursday, February 7, 8:30 a.m.,
Room 1200, Binsfeld Office Building (517) 373-5314
Criminal Justice Policy Commission - Wednesday, February 6, 9:00 a.m.,
Senate Hearing Room, 1st Floor, Boji Tower (517) 373-0212
Families, Seniors,
and Veterans - Wednesday,
February 6, 4:00 p.m., Rooms 402 and 403, Capitol Building (517) 373‑1721
Finance - Wednesday, February 6, 12:30
p.m., Room 1200, Binsfeld Office Building (517) 373-5312
Insurance and Banking - Wednesday, February 6, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373‑5314
Judiciary and Public Safety - Thursday, February 7, 8:30 a.m.,
Room 1100, Binsfeld Office Building (517) 373‑5312
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 10:13 a.m.
The
President pro tempore, Senator Nesbitt declared the Senate adjourned until
Wednesday, February 6, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate