STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Thursday, February 21, 2019.
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 Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—present Koleszar—present Robinson—present
Allor—present Garza—present Kuppa—present Sabo—present
Anthony—present Gay-Dagnogo—present LaFave—present Schroeder—present
Bellino—present Glenn—present LaGrand—present Shannon—present
Berman—present Green—present Lasinski—present Sheppard—present
Bolden—present Greig—present Leutheuser—present Slagh—present
Bollin—present Griffin—present Liberati—present Sneller—present
Brann—present Guerra—present Lightner—present Sowerby—present
Brixie—present Haadsma—present Lilly—present Stone—present
Byrd—present Hall—present Love—present Tate—present
Calley—present Hammoud—present Lower—present VanSingel—present
Cambensy—present Hauck—present Maddock—present VanWoerkom—present
Camilleri—present Hernandez—present Manoogian—present Vaupel—present
Carter, B.—present Hertel—present Marino—present Wakeman—present
Carter, T.—present Hoadley—present Markkanen—present Warren—present
Chatfield—present Hoitenga—present Meerman—present Webber—present
Cherry—present Hood—present Miller—present Wendzel—present
Chirkun—present Hope—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—present
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present Inman—present Peterson—present Wozniak—present
Elder—present Johnson,
C.—present Pohutsky—present Yancey—present
Ellison—present Johnson,
S.—present Rabhi—present Yaroch—present
Farrington—present Jones—present
e/d/s = entered during session
“Our
Father and God, Creator of all Mankind and sustainer of life,
We bow
in awe and humility, recognizing Your supreme sovereignty and giving thanks for
the life and liberty that You have so graciously granted and we so gregariously
enjoy.
As
these who have been duly elected to serve the greater constituency of the state
of Michigan have assemble themselves within these historic walls to deliberate
the governance of our citizenry, I invite and invoke Your Divine Spirit to
govern and guide them as they govern and guide us. I pray that their conversations
be commensurate with righteousness and their decisions be demonstrative of
justice.
I pray
that You fill them with vision that looks beyond race, creed and color and that
see past political party and personal preferences.
I pray
that You fill them with compassion regulated by sympathy and empathy.
I pray that You fill them with wisdom that knows where
human extremity ends and divine opportunity begins.
I pray that You fill them with courage that’s not afraid
to sacrifice to bear the burdens of those less fortunate.
I pray
that You fill them with peace that surpasses all understanding, that which
forms the foundation of Your eternal Word, the spirit of the Constitution and
the heart of individual liberty.
I pray
that You fill them with love that esteems others higher than self, that thinks
no evil, that rejoices in truth, that bears all things, that believes all
things, that hopes all things, that endures all things.
I pray
that the love that You have shown towards them will be the love that they show
towards us.
This is
my prayer.
AMEN.”
______
The
Speaker called the Speaker Pro Tempore to the Chair.
Introduction of Bills
Rep. Miller introduced
House Bill No. 4218, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban
cooperation act of 1967,” by amending section 8a (MCL 124.508a), as amended by
2005 PA 69.
The bill was read a first
time by its title and referred to the Committee on Local Government and
Municipal Finance.
House Bill No. 4219, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by
amending section 78m (MCL 211.78m), as amended by 2014 PA 501.
The bill was read a first time by its title and
referred to the Committee on Local Government and Municipal Finance.
Reps. Guerra, Sabo, Ellison,
Brixie, Cherry, Love, Elder, Hope and Bolden introduced
House Bill No. 4220, entitled
A bill to facilitate access to
state services by individuals with limited English proficiency; to provide for
the powers and duties of certain state governmental officers and entities; to
provide for biennial reports concerning equal language access; and to establish
a process for submitting complaints and obtaining remedies for lack of equal
language access.
The bill was read a first time by
its title and referred to the Committee on Government Operations.
Reps. Alexander, Miller, VanSingel, Pagan,
Sabo, Witwer, Elder, Cynthia Johnson, Warren, Camilleri, Shannon, Wozniak,
Sowerby, Kuppa and Guerra introduced
House Bill No. 4221, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1249 (MCL 380.1249), as amended by
2018 PA 235.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 4222, entitled
A bill to amend 1976 PA 451, entitled “The
revised school code,” by amending section 1249b (MCL 380.1249b), as added by
2015 PA 173.
The bill was read a first time by its title
and referred to the Committee on Education.
House Bill No. 4223, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending the heading of part 93 and sections 9307 and 9321
(MCL 333.9307 and 333.9321), and by adding sections 9312 and 9316.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
Reps. Hoitenga, Kahle, Griffin, Frederick, Sabo,
Meerman and Liberati introduced
House Bill No. 4224, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 7104 (MCL 333.7104), as amended by 2001 PA
233.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
Reps. Kahle, Hoitenga, Griffin, Frederick,
Sabo, Meerman and Liberati introduced
House Bill No. 4225, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending section 7303a (MCL 333.7303a), as amended by 2018 PA
101.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
Reps. Berman, Mueller, Wozniak, Love and
Whitsett introduced
House Bill No. 4226, entitled
A bill to amend 1961 PA 236, entitled “Revised
judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by
2014 PA 431.
The bill was read a first time by its title
and referred to the Committee on Financial Services.
Reps. Cambensy, Howell, Chirkun, LaFave,
Markkanen, Leutheuser, O’Malley, Sabo, Brixie, Wentworth, Elder, Gay-Dagnogo
and Peterson introduced
House Bill No. 4227, entitled
A bill to create a committee on Michigan’s
mining future; to provide for the powers and duties of certain governmental
officers and agencies; and to repeal acts and parts of acts.
The bill was read a first
time by its title and referred to the Committee on Natural Resources and
Outdoor Recreation.
Reps. LaFave, Markkanen and Cambensy
introduced
House Bill No. 4228, entitled
A bill to amend 2001 PA 142, entitled “Michigan
memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1086.
The bill was read a first time by its title
and referred to the Committee on Transportation.
______
Rep. Cole moved that House Committees
be given leave to meet during the balance of today’s session.
The motion prevailed.
By unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the
following bill had been reproduced and made available electronically on
Wednesday, February 20:
House Bill No. 4217
The
Clerk announced that the following bills had been reproduced and made available
electronically on Thursday, February 21:
Senate Bill Nos. 117 118 119 120 121 122
Reports of Select Committees
COMMITTEE
ATTENDANCE REPORT
The following report, submitted
by Rep. Wentworth, Chair, of the Select Committee on Reducing Car Insurance
Rates, was received and read:
Meeting held on: Wednesday, February
20, 2019
Present: Reps. Wentworth, Rendon,
Frederick, LaFave, Afendoulis, Lasinski, Sabo, Bolden and Whitsett
Reports of Standing Committees
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Rendon, Chair, of the Committee on Insurance,
was received and read:
Meeting held on: Thursday, February 21,
2019
Present: Reps. Rendon, Markkanen,
Webber, Vaupel, Bellino, Frederick, Hoitenga, LaFave, Berman, Paquette,
Wittenberg, Gay-Dagnogo, Lasinski, Sneller, Bolden, Brenda Carter and Coleman
COMMITTEE
ATTENDANCE REPORT
The following report, submitted
by Rep. Marino, Chair, of the Committee on Commerce and Tourism, was received
and read:
Meeting held on: Thursday, February 21,
2019
Present: Reps. Marino, Wendzel, Reilly,
Meerman, Schroeder, Wakeman, Cambensy, Camilleri, Hope, Manoogian and Robinson
COMMITTEE
ATTENDANCE REPORT
The
following report, submitted by Rep. Vaupel, Chair, of the Committee on Health
Policy, was received and read:
Meeting held on: Thursday, February 21,
2019
Present: Reps. Vaupel, Frederick,
Alexander, Calley, Hornberger, Lower, Whiteford, Afendoulis, Filler, Mueller,
Wozniak, Liberati, Garrett, Clemente, Ellison, Koleszar, Pohutsky, Stone and
Witwer
Messages from the Governor
The following message from the Governor was received February 21, 2019
and read:
No.
2019-06
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 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 Response Team shall report regularly to the
director of the Department and the governor on its activities.
(6) 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.
(7) 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.
(8) Executive Directive 2018-3 is rescinded in its
entirety.
(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 4(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 5(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 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, including any authority,
powers, duties, functions and responsibilities of the Energy Security
section, is transferred to the Michigan Public Service Commission. The
authorities, powers, duties, functions, and responsibilities of the executive
director of the Michigan Agency for Energy under 1982 PA 191, as amended, MCL
10.82 to 10.87, are transferred to the chairperson of the Michigan Public
Service Commission.
(2) The Michigan Agency for Energy, excluding any
authorities, powers, duties, functions, and responsibilities transferred under section 4(a) or
4(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 4(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.
5. 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.
6. 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
6(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,
and the authorities, powers, duties, functions, and responsibilities of the
Environmental Rules Review Committee under sections 65 and 66 of the
Administrative Procedures Act of 1969, 1969 PA 306, as amended, MCL 24.265 and
24.266, are transferred intact 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 6(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.
7. 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 5(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.
8. 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 22, 2019 at
12:01 a.m.
Given
under my hand and the Great Seal of the State of Michigan.
Dated:
February 20, 2019
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor
JOCELYN
BENSON
SECRETARY
OF STATE
The
message was referred to the Clerk.
______
Rep. Sowerby moved that the House adjourn.
The motion prevailed, the time being 12:45 p.m.
The
Speaker Pro Tempore declared the House adjourned until Tuesday, February 26, at
1:30 p.m.
GARY L.
RANDALL
Clerk
of the House of Representatives