STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Thursday, February 21, 2019.
10:00 a.m.
The
Senate was called to order by the President, Lieutenant Governor Garlin D.
Gilchrist II.
The
roll was called by the Secretary of the Senate, who announced that a quorum was
present.
Alexander—present Horn—present Outman—present
Ananich—present Irwin—present Polehanki—present
Barrett—present Johnson—present Runestad—present
Bayer—present LaSata—present Santana—present
Bizon—present Lauwers—present Schmidt—present
Brinks—present Lucido—present Shirkey—present
Bullock—present MacDonald—present Stamas—present
Bumstead—present MacGregor—present Theis—present
Chang—present McBroom—present VanderWall—present
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Dear heavenly Father, in the name
of Jesus we invite Your holy presence humbly to fall upon this chamber this
beautiful morning. We thank You for it, God. We thank You for the many servants
who are in this room here to serve the great state of Michigan. God, in heaven,
by Your divine providence, we pray that You’d pour into these Your servants.
God, that You’d inspire them, that You would use them, that You would guide them, that You would direct them, that You would
use Your holy spirit to lead them for the people of this state.
Lord, we ask Your grace to fall
upon this house this morning. Lord, be here. May the presence of all mighty God
be felt, may the presence of the Holy Spirit be here, Lord, to lead and to
guide. We’re humbly asking for this grace. We need You, we need You for this
state, we need You for every county, for every city in the state of Michigan.
Use this day for their betterment, God.
We are asking these great favors,
humbly yet boldly at Thy throne of grace, in the name of our great Lord and
Savior, Jesus Christ. Amen.
The President, Lieutenant Governor Gilchrist, led the
members of the Senate in recital of the Pledge
of Allegiance.
Motions and Communications
Senator Chang moved that Senator
Hollier be temporarily excused from todays session.
The motion prevailed.
The
following communication was received:
Department
of Treasury
February 15, 2019
Please find enclosed the annual
divestment report to the Legislature for the 2018 calendar year. This report is
required by the Divestment from Terror Act, MCL 129.291 et seq and the divestment mandates of the Public Employee Retirement System Investment Act (MCL 38.1133c and MCL
38.1133d). The Acts require the State Treasurer file a publicly available
report to the Legislature each year on progress made under the Acts. This
letter and the attached report represent the State Treasurer’s compliance with this
reporting mandate.
Kind
Regards,
Karl
G. Borgquist
Chief
Compliance Officer and General Counsel
Bureau
of Investments, Department of Treasury
BorgquistK@michigan.gov
517-335-9286
The
communication was referred to the Secretary for record.
Messages from the Governor
The
following message from the Governor was received on February 21, 2019, and
read:
EXECUTIVE ORDER
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.
Date:
February 20, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
General Orders
Senator
MacGregor moved that the Senate resolve itself into the Committee of the Whole
for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant
Governor Gilchrist, designated Senator Horn as Chairperson.
After
some time spent therein, the Committee arose; and the President, Lieutenant
Governor Gilchrist, having resumed the Chair, the Committee reported back to
the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 3, entitled
A bill
to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending
section 5744 (MCL 600.5744), as amended by 2004 PA 105.
Substitute
(S-1)
Senator Hollier entered the
Senate Chamber.
By
unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Johnson, Lucido, Hollier,
Bullock, Bayer, Santana, Victory, Bumstead, MacDonald, Barrett, Wojno, Nesbitt,
LaSata, VanderWall, McMorrow, Outman, Polehanki, Zorn, Daley and Horn
introduced
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending section 759a (MCL 168.759a), as amended by 2012 PA
523.
The
bill was read a first and second time by title and referred to the Committee on
Elections.
Senators Daley, Wojno,
Hollier, MacDonald, Horn, LaSata, Outman, Victory, Runestad and Johnson
introduced
A bill to amend 1949 PA 300, entitled “Michigan
vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA
46.
The bill was read a first and second time by title
and referred to the Committee on Families, Seniors and Veterans.
Senators Outman, Bullock, Hertel, Wojno, Horn,
Daley, Barrett, Hollier, Zorn, Runestad, Johnson, Theis, Ananich, Polehanki,
MacGregor, Chang, Lucido and Schmidt introduced
A bill to designate February 1 of each year as
“Blue Star Mothers Day”.
The bill was read a first and second time by title
and referred to the Committee on Families, Seniors and Veterans.
Senators MacGregor, Horn, Ananich, Chang and
Runestad introduced
A bill to create the Michigan first-time home
buyer savings program; to provide for first-time home buyer savings accounts;
to prescribe the powers and duties of certain state agencies, boards, and
departments; to allow certain tax deductions; and to provide for penalties and
remedies.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Horn, MacGregor, Ananich, Chang and
Runestad introduced
A bill to amend 1967 PA 281, entitled “Income
tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2018 PA
589.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Horn, Irwin, Zorn, LaSata, Daley,
MacGregor, Polehanki, Geiss, Hertel, Ananich, Chang, Runestad, McBroom, Brinks
and McMorrow introduced
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 and second time by title
and referred to the Committee on Education and Career Readiness.
Announcements of Printing and Enrollment
The Secretary announced that the
following bill and resolutions were printed and filed on Wednesday, February
20, and are available on the Michigan Legislature website:
Senate
Resolution Nos. 14 15 16
House Bill No. 4217
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Insurance and Banking
submitted the following:
Meeting held on Wednesday, February 20,
2019, at 8:30 a.m., Room 1100, Binsfeld Office Building
Present: Senators
Theis (C), Lauwers, LaSata, Nesbitt, Daley, Barrett, Horn, Geiss, Bullock and
McMorrow
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the
following:
Meeting held on Wednesday, February 20,
2019, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Runestad (C),
Nesbitt, Daley, Bumstead, VanderWall, Chang and Alexander
COMMITTEE ATTENDANCE REPORT
The Committee on Advice and Consent
submitted the following:
Meeting held on Wednesday, February 20,
2019, at 3:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators Lucido (C), LaSata,
Nesbitt, McBroom and Hertel
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors, and
Veterans submitted the following:
Meeting held on Wednesday, February 20,
2019, at 4:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Bizon (C), Barrett,
Runestad, Johnson, Zorn and Bullock
Excused: Senator Alexander
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Licensing and
Regulatory Affairs (LARA)/Department of Insurance and Financial Services (DIFS)
submitted the following:
Meeting held on Thursday, February 21,
2019, at 8:30 a.m., Room 1300, Binsfeld Office Building
Present: Senators Nesbitt (C),
MacDonald and Santana
Scheduled
Meetings
Agriculture
and Agriculture and Rural Development Appropriations Subcommittee - Thursday, February 28, 3:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-5314
Appropriations
-
Subcommittees
-
Agriculture
and Rural Development and Agriculture - Thursday, February 28, 3:00 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
Community
Health/Human Services - Wednesday,
February 27, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-2768
Justice
and Public Safety - Thursday, February 28, 1:30 p.m.,
Room 1300, Binsfeld Office Building (517) 373-2768
K-12
and Michigan Department of Education - Thursday, February 28, 8:30 a.m., Harry
T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
K-12
and Michigan Department of Education and House School Aid and Department of
Education Appropriations Subcommittee - Tuesday, February 26, 8:00 a.m., Room
352, House Appropriations, Capitol Building (517) 373-2768
Transportation
- Tuesday, February 26, 12:00 noon,
Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (517) 373-2768
Energy and Technology - Tuesday, February
26, 2:00 p.m., Room 1100, Binsfeld Office Building (517) 373-1721
Senator MacGregor moved that the Senate
adjourn.
The motion prevailed, the time being
10:14 a.m.
The President, Lieutenant Governor Gilchrist,
declared the Senate adjourned until Tuesday, February 26, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate