STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR
SESSION OF 2019
House Chamber, Lansing, Tuesday, February 5,
2019.
1:30 p.m.
The House was called to order by the Speaker
Pro Tempore.
Due to adverse weather
conditions throughout the State on Wednesday and Thursday, January 30 and 31, the sessions were canceled 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
Rep.
Phil Green, from the 84th District, offered the following invocation:
“Our gracious, kind and loving Heavenly
Father, You commanded that we bring our requests and petitions humbly before
Your throne of Grace.
We pause this afternoon to reflect on Your
loving favor toward us. You have abundantly blessed us by allowing us to
breathe Your air and to eat of Your abundant harvest. You have abundantly
blessed us by allowing us to be citizens of this great nation, The United
States of America. You have also abundantly blessed us by allowing us to live
in the great state of Michigan. We know that every good gift and every perfect
gift cometh down from the Father which is in Heaven. We do not take those gifts lightly. I pray
that Your name would be lifted up in our chamber, our State and our Nation.
When we pause and consider Your blessings we
also pause and consider the position You have placed us in as Representatives
of the people of our districts. We pray the same request that King Solomon
prayed: for Wisdom. Lord, we pray that
You would give us the insight and knowledge we need to make the best decisions
that will impact our great state for generations to come. We pray for wisdom as we make daily decisions
that will impact our ability to lead. I
pray that You will keep us from the temptation to exalt ourselves higher than
You, to think more highly of ourselves than what is reality or to lift
ourselves higher than our peers.
Lord, I pray that we would be delivered from
evil. That the harassment from the ‘Evil One’ will be hindered. I pray that we
can legislate righteously and rightly without fear of man and without favor to
men.
Lord, we know that the very heart of the king
is in Your hand and You turn it however You choose. Lord I pray that as the
Great King of kings and Lord of lords You would shape our desires, goals and
ambitions. Lord, I pray that we would be tender to Your leading, today.
I ask these things in the name of Your
precious Son, Jesus.
Amen.”
Motions and Resolutions
House Resolution No. 15.
A resolution to recognize January
27-February 2, 2019, as Catholic Schools Week in the state of Michigan.
Whereas, There are 51,011 students attending 224 Catholic elementary and
high schools throughout our great state; and
Whereas, The Constitution of Michigan states that “Religion,
morality and knowledge being necessary to good government and the happiness of
mankind, schools and the means of education shall forever be encouraged”; and
Whereas, Catholic school parents pay tuition in
addition to supporting public schools through their taxes; and
Whereas, Catholic schools comply with the same health, safety, and
general welfare regulations required of public schools; and
Whereas, The viability of Catholic schools should be encouraged so that
declines in Catholic school enrollment, which necessitate increases in public
expenditures in the School Aid Fund, can be avoided; and
Whereas, Catholic schools instill a broad,
values-based education, emphasizing the lifelong development of moral,
intellectual, and social values in young people, making them responsible
citizens of our state and nation; and
Whereas, Catholic schools educate many students who are non-Catholic,
many students who are economically disadvantaged, and that a good education
remains the single best way out of poverty; and
Whereas, With their traditionally high academic standards, high
graduation rates, and commitment to community service, Catholic schools and
their graduates make a positive contribution to society; and
Whereas, January 27-February 2, 2019, has been designated as Catholic
Schools Week, with the theme “Catholic Schools: Learn. Serve. Lead. Succeed.”
as denoted by the National Catholic Educational Association and the United
States Conference of Catholic Bishops; and
Whereas, The common good of the state of Michigan is strengthened
through the continued existence of Catholic schools; and
Whereas, Catholic schools seek to form a supporting partnership with
each student’s family, encouraging the involvement of parents in the education
of their children, so that Catholic schools are part of a solution to form
productive lives for future generations; now, therefore, be it
Resolved by the House of Representatives, That the members of this
legislative body recognize January 27-February 2, 2019, as Catholic Schools
Week in the state of Michigan. We support the continued dedication of Catholic
schools across Michigan toward academic excellence and the key role Catholic
schools play in promoting and ensuring a brighter, stronger future for
students; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan
Catholic Conference with our highest esteem.
The question being on the adoption of the resolution,
The resolution was adopted.
House Resolution No. 16.
A resolution to commemorate the
100th anniversary of the founding of Michigan Farm Bureau.
Whereas, February 4, 2019, marks 100 years of
Michigan Farm Bureau’s presence in the state of Michigan; and
Whereas, The origins of Michigan Farm Bureau began
in 1914, when President Woodrow Wilson signed the Smith-Lever Act, which
created the extension service. This provided local agricultural agents from
land-grant universities through a partnership with the United States Department
of Agriculture. Before these agents could be approved, counties had to organize
into local farmers bureaus to help direct the extension project; and
Whereas, Michigan organized a state federation of county Farm Bureaus in
1919, following Missouri, Massachusetts, and Vermont, who did so in 1915. The
organization began when county extension agents and farmers from 57 counties
throughout Michigan met at Michigan Agricultural College (now Michigan State
University) to officially form what was then called the Michigan State Farm
Bureau; and
Whereas, One month later, the newly formed Michigan State Farm Bureau
adopted its mission statement, which read: “Its purposes are to unite under a
definite head of all other farm organizations. The Farm Bureau should not be
considered just another farmers’ organization added to the list but as THE ONE
which may assist all others to better accomplish their purposes.” The
organization would later drop the word “State” from its name in 1944 to
officially become the Michigan Farm Bureau; and
Whereas, Today, Michigan Farm Bureau ensures the
growth of Michigan food and farms, such as advocating for good government
policy, developing opportunities for young farmers, providing student
scholarships and grants, supporting local food efforts, creating food literacy programs
for kids, hosting community building events and funding efforts to protect the
environment, water quality, farmland preservation, and more; and
Whereas, Michigan Farm Bureau is involved in
numerous annual charitable contributions and volunteerism,
including Michigan Easter Seals, Harvest for All, FFA, 4-H, the Michigan
Livestock Expo, and the U.P. State Fair, among many others; and
Whereas, Michigan Farm Bureau also annually recognizes and honors its
deserving Farm Bureau members and individuals from outside the organization for
their contributions and achievements in supporting and advancing the state’s
agriculture industry, including bestowing the Young Farmer Achievement Award,
the Young Farmer Agricultural Employee Award, the Educator of the Year Award,
and the Distinguished Service to Agriculture Award, among others; now,
therefore, be it
Resolved by the House of Representatives, That the members of this
legislative body commemorate the 100th anniversary of the founding of Michigan
Farm Bureau; and be it further
Resolved, That a copy of this resolution be transmitted to Michigan Farm
Bureau, as evidence of our esteem for being Michigan’s voice for agriculture
over the last 100 years.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep.
Hornberger offered the following resolution:
House Resolution No. 17.
A resolution authorizing the Speaker to act on behalf of the House of
Representatives in League of Women Voters
of Michigan, et al v. Jocelyn Benson.
Whereas, On August 9, 2011, following the 2010 Census, then-Governor
Rick Snyder signed into law Public Acts 128 and 129 of 2011. These acts
collectively provided for the redistricting of congressional and state
legislative districts, as required by the U.S. and Michigan constitutions and
in accordance with state law. Specifically, Public Act 129 of 2011, which
passed both chambers of the Legislature with bipartisan support, provided for
the redistricting of the Michigan House of Representatives and the Senate; and
Whereas, On December 22, 2017, the League of Women Voters of Michigan
and other named individuals filed an action against the Secretary of State, in
her official capacity, in the United States District Court for the Eastern
District of Michigan, Case No. 2:17-cv-14148, contending that the congressional
and state legislative district maps are unconstitutional partisan gerrymanders
in violation of the First and Fourteenth Amendments of the U.S. Constitution;
and
Whereas, Following the filing of the action, then-Secretary of State
Ruth Johnson engaged in a vigorous defense of Public Acts 128 and 129 of 2011,
including the filing of multiple motions to dismiss the lawsuit and for summary
judgement. On November 6, 2018, the people of Michigan elected Jocelyn Benson
as Secretary of State, succeeding Secretary of State Johnson on January 1,
2019; and
Whereas, On January 17, 2019, Secretary of State Benson, through newly
appointed counsel, filed a motion to stay the proceedings. In the motion and
subsequent filings and public statements, the Secretary of State expressed a
desire to cease defending the law and instead settle the matter with the
plaintiffs, including by agreeing to allow for the redrawing of state
legislative districts for the 2020 elections. The filing of such a motion
effectively ended the adversarial role of the Secretary of State and its meaningful
participation in and defense of this matter; and
Whereas, The Speaker of the House moved to intervene in his official
capacity, and intervention was granted after appeal to the United States Court
of Appeals for the Sixth Circuit; and
Whereas, Members of the Michigan House of Representatives now have an
additional interest in this matter, as the proposed remedy could invalidate
numerous House districts and result in the redrawing of substantially more than
that number; and
Whereas, The House of Representatives must seek to defend its unique
role in Michigan’s constitutional system; now, therefore, be it
Resolved by the House of Representatives, That the Speaker of the House,
in his official capacity as an intervenor, is authorized to speak for the House
of Representatives in League of Women
Voters of Michigan, et al v. Jocelyn Benson (2:17-cv-14148) and take all
necessary steps incidental thereto, including, but not limited to, pursuing or
defending any appeals.
The
question being on the adoption of the resolution,
Rep. Hornberger moved to substitute (H-1) the resolution as follows:
Substitute for House Resolution
No. 17.
A resolution authorizing the Speaker to act on behalf of the House of
Representatives in League of Women Voters
of Michigan, et al v. Jocelyn Benson.
Whereas, On August 9, 2011, following the 2010 Census, then-Governor
Rick Snyder signed into law Public Acts 128 and 129 of 2011. These acts
collectively provided for the redistricting of congressional and state
legislative districts, as required by the U.S. and Michigan constitutions and
in accordance with state law. Specifically, Public Act 129 of 2011, which
passed both chambers of the Legislature with bipartisan support, provided for
the redistricting of the Michigan House of Representatives and the Senate; and
Whereas, On December 22, 2017, the League of Women Voters of Michigan
and other named individuals filed an action against the Secretary of State, in
her official capacity, in the United States District Court for the Eastern
District of Michigan, Case No. 2:17-cv-14148, contending that the congressional
and state legislative district maps are unconstitutional partisan gerrymanders
in violation of the First and Fourteenth Amendments of the U.S. Constitution;
and
Whereas, Following the filing of the action, then-Secretary of State
Ruth Johnson engaged in a vigorous defense of Public Acts 128 and 129 of 2011,
including the filing of multiple motions to dismiss the lawsuit and for summary
judgement. On November 6, 2018, the people of Michigan elected Jocelyn Benson
as Secretary of State, succeeding Secretary of State Johnson on January 1,
2019; and
Whereas, On January 17, 2019, Secretary of State Benson, through newly
appointed counsel, filed a motion to stay the proceedings. In the motion and
subsequent filings and public statements, the Secretary of State expressed a
desire to cease defending the law and instead settle the matter with the
plaintiffs, including by agreeing to allow for the redrawing of state
legislative districts for the 2020 elections; and
Whereas, Then-Speaker Pro Tempore of the House moved to intervene in his
official capacity, and intervention was granted after appeal to the United
States Court of Appeals for the Sixth Circuit; and
Whereas, Members of the Michigan House of Representatives now have an
additional interest in this matter, as the proposed remedy could invalidate
numerous House districts and result in the redrawing of substantially more than
that number; and
Whereas, The House of Representatives must seek to defend its unique
role in Michigan’s constitutional system; now, therefore, be it
Resolved by the House of Representatives, That the Speaker of the House,
in his official capacity as an intervenor, is authorized to speak for the House
of Representatives in League of Women
Voters of Michigan, et al v. Jocelyn Benson (2:17-cv-14148) and take all
necessary steps incidental thereto, including, but not limited to, pursuing or
defending any appeals.
The
question being on the adoption of the resolution,
The resolution was adopted.
Messages from the Senate
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 Senate has adopted the concurrent resolution.
The
question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Introduction of Bills
Reps. Markkanen, LaFave and
Cambensy introduced
House Bill No. 4120, entitled
A bill to amend 1909 PA 283, entitled “An act
to revise, consolidate, and add to the laws relating to the establishment,
opening, discontinuing, vacating, closing, altering, improvement, maintenance,
and use of the public highways and private roads; the condemnation of property
and gravel therefor; the building, repairing and preservation of bridges;
maintaining public access to waterways under certain conditions; setting and
protecting shade trees, drainage, and cutting weeds and brush within this
state; providing for the election or appointment and defining the powers,
duties, and compensation of state, county, township, and district highway
officials; and to prescribe penalties and provide remedies,” by amending
section 10 of chapter IV (MCL 224.10), as amended by 2004 PA 516.
The bill was read a first time by its title and
referred to the Committee on Transportation.
Reps. Byrd and Garrett introduced
House Bill No. 4121, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by
amending section 78q (MCL 211.78q), as amended by 2016 PA 518.
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
Reps. Hammoud, Hoadley, Manoogian, Camilleri,
Gay-Dagnogo and Neeley introduced
House Bill No. 4122, entitled
A bill to require all state departments and
agencies to establish certain water affordability criteria; and to prescribe
the powers and duties of certain state governmental officers and entities.
The bill was read a first time by its title and referred to the Committee on Natural Resources and Outdoor Recreation.
Reps. Whitsett, Neeley, Cynthia Johnson, Sabo,
Brixie, Elder and Jones introduced
House Bill No. 4123, entitled
A bill to amend 1909 PA 279, entitled “The
home rule city act,” by amending section 4r (MCL 117.4r), as amended by 2013 PA
192.
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
House Bill No. 4124, entitled
A bill to amend 1953 PA 181, entitled “An act
relative to investigations in certain instances of the causes of death within
this state due to violence, negligence or other act or omission of a criminal
nature or to protect public health; to provide for the taking of statements
from injured persons under certain circumstances; to abolish the office of
coroner and to create the office of county medical examiner in certain counties;
to prescribe the powers and duties of county medical examiners; to prescribe
penalties for violations of the provisions of this act; and to prescribe a
referendum thereon,” by amending section 5 (MCL 52.205), as amended by 2010 PA
108.
The bill was read a first time by its title and referred to the Committee on Local Government and Municipal Finance.
House Bill No. 4125, entitled
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending sections 51 and 51d (MCL 206.51 and 206.51d), as
amended by 2018 PA 588; and to repeal acts and parts of acts.
The bill was read a first time by its title and
referred to the Committee on Tax Policy.
Reps. Albert and Rendon introduced
House Bill No. 4126, entitled
A bill to amend 2018 IL 1, entitled “Michigan
regulation and taxation of marihuana act,” by amending section 8 (MCL
333.27958).
The bill was read a first time by its title and
referred to the Committee on Judiciary.
Reps. Rendon and Albert introduced
House Bill No. 4127, entitled
A bill to amend 2016 PA
281, entitled “Medical marihuana facilities licensing act,” by amending section
206 (MCL 333.27206), as amended by 2018 PA 10.
The bill was read a first time by its title and referred to the Committee on Judiciary.
House Bill No. 4128, entitled
A bill to amend 1939 PA 288, entitled “Probate
code of 1939,” by amending section 1 of chapter XI (MCL 711.1), as amended by
2000 PA 111.
The bill was read a first time by its title and
referred to the Committee on Families, Children, and Seniors.
By
unanimous consent the House returned to the order of
Announcement by the Clerk of Printing and Enrollment
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
The Clerk announced that the following bills
had been reproduced and made available electronically on Tuesday, February 5:
Senate
Bill Nos. 80 81 82 83 84 85 86
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Hornberger, Chair, of the Committee on Education, was received and
read:
Meeting held on Tuesday, February 5, 2019
Present: Reps. Hornberger, Paquette, Crawford,
Vaupel, Reilly, Hall, Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda
Carter, Tyrone Carter, Koleszar and Stone
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Filler, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, February 5, 2019
Present: Reps. Filler, LaFave, Farrington,
Howell, Steven Johnson, Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey
and Bolden
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Howell, Chair, of the Committee on Natural Resources and Outdoor
Recreation, was received and read:
Meeting held on: Tuesday, February 5, 2019
Present: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby,
Cambensy and Pohutsky
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. LaFave, Chair, of the Committee on Military, Veterans and Homeland
Security, was received and read:
Meeting held on: Tuesday, February 5, 2019
Present: Reps. LaFave, Mueller, Marino, Afendoulis, Markkanen, Jones,
Chirkun, Carter and Manoogian
COMMITTEE ATTENDANCE REPORT
The following report, submitted
by Rep. Sheppard, Chair, of the Committee on Government Operations, was
received and read:
Meeting held on Tuesday, February 5, 2019
Present: Reps. Sheppard, Cole, Lilly, Greig and Rabhi
Notices
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI
48909
Dear Mr. Clerk,
Pursuant to Public Act 332 of 2016, I am appointing the following
members of the Michigan House of Representatives to the Michigan Council on
Future Mobility for the term ending December 31, 2020:
Representative Julie Calley (R)
Representative Rebekah Warren (D)
Sincerely,
Lee Chatfield
Speaker
Michigan House of Representatives
January 28, 2019
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI
48909
Dear Mr. Clerk,
Pursuant to Public Act 412 of 1965, I am appointing the following
members of the Michigan House of Representatives to the Michigan Law Revision
Commission for the term ending December 31, 2020:
Representative Ryan Berman (R)
Representative Brian Elder (D)
Sincerely,
Lee Chatfield
Speaker
Michigan House of Representatives
February 1, 2019
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI
48909
Dear Mr. Clerk,
Pursuant to Public Act 268 of 1986, I am appointing the following
members of the Michigan House of Representatives to the Michigan Commission on
Uniform State Laws for the term ending December 31, 2020:
Representative Matt Hall (R)
Representative Tenisha Yancey (D)
Sincerely,
Lee Chatfield
Speaker
Michigan House of Representatives
Messages from the Governor
The following message from the Governor was received February 4, 2019 and read:
No. 2019-02
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
[SEAL] GRETCHEN
WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message
was referred to the Clerk.
Communications from State Officers
The
following communications from the Department of State Police were received and
read:
January 25, 2019
Pursuant to Public Act 372 of 1927, as amended, enclosed is a copy of the
Concealed Pistol License (CPL) Annual Report.
This report details the CPL activity between October 1, 2017, and
September 30, 2018.
If you have any questions regarding the information in this report,
please feel free to contact the Michigan State Police, Concealed Pistol License
Unit, at 517-284-3700.
Sincerely,
Col. Joseph M. Gasper
DIRECTOR
February 1, 2019
In
accordance with MCL 500.6110, the Michigan State Police hereby notifies all
interested parties that the annual report from the Auto Theft Prevention
Authority is complete and available for viewing. Please do not hesitate to
reach out with any questions.
Thank
you,
F/Lt.
Timothy Fitzgerald
Executive
Resources Section
Office
of the Director
Michigan
State Police
Cell
(517) 927-6661
The communications were referred to the Clerk.
January 29, 2019
Received
from the Auditor General a copy of the:
·
Performance
audit report on the Michigan Business Development Program, Michigan Strategic
Fund (MSF), Department of Talent and Economic Development (186-0500-17),
January 2019.
·
Follow-up report on the Community and Noncommunity Water
Supplies, Drinking Water and Municipal Assistance Division, Department of
Environmental Quality, (761-0320-15F), January 2019.
January 31, 2019
Received from the Auditor General a copy of
the:
·
Performance
audit report on the Flint Emergency Expenditures, State of Michigan
(000-2018-19), January 2019.
Gary L. Randall
Clerk of the House
The Clerk received the following dissent from
Rep. Hoadley:
I
voiced a no vote on HR 17 and dissent from the adoption of the resolution. The
resolution attempts to continue to defend a set of maps that have presented a
factual record of an attempt to discriminate based on the likely party affiliation
of various voters. Additionally, the voters were clear in adopting Proposal 2
that they wish to see maps drafted a nonpartisan, not a defense of the status
quo.
______
Rep. Webber moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
The
Speaker Pro Tempore declared the House adjourned until Wednesday, February 6,
at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives