STATE OF MICHIGAN
Journal of the Senate
100th Legislature
REGULAR SESSION OF 2019
Senate Chamber, Lansing, Tuesday, June 11, 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—excused McBroom—present VanderWall—excused
Daley—present McCann—present Victory—present
Geiss—present McMorrow—present Wojno—present
Hertel—present Moss—present Zorn—present
Hollier—present Nesbitt—present
Senator Ed McBroom of the 38th District
offered the following invocation:
Dear Father, as we come before
You today and take a few moments from our own busyness to contemplate You, I am
overwhelmed by the smallness of my comprehension of all You are doing. My life
spirals around me, and I have no control over all that is going on here, in my
home, in my family, in my country, or in this world. Yet I know that You have
not walked away from me. You have not abandoned me. Nor will You because You
have promised to me that You will be with me. You have asked me to trust You
and to lean on Your understanding. I know that even unto death at Your own
hands, I will trust You.
So Father, all I can pray is that
You give me the faith I need for each moment and every day. Help me to serve
You and to praise You, especially in this place with these people that You have
called to serve as a government over Your people in Michigan. Help us to rise
up to the calling and ordination of this institution of government. Help us to
lead these people by condoning and rewarding good while condemning and
punishing evil. Forgive us for mixing those two things up and calling what is
evil good and what is good evil. Do not let us, even in this place with all the
pressures of party and politics and media, forget that we work for You and at
Your pleasure.
Let us do what is right, reason
together, and strive to help the fatherless, the widow, the orphan, the poor,
and the oppressed. I pray that we will never forget that the abundant blessings
our nation and state have come from You, by Your grace. Please, do not let us
forget You.
“I know, that my Redeemer lives,
and that in the end He will stand on the earth.” Therefore, help us to draw
near to You and search our own hearts and our service to be confident that I,
and we, will be able to stand with You in that day.
In the name of my Redeemer, 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 MacGregor moved that Senator
VanderWall be excused from today’s session.
The motion prevailed.
The motion prevailed.
Senator McMorrow moved that Senator
Chang be excused from this week’s session.
The motion prevailed.
The following communication was
received:
Office of Senator Sean McCann
June 5, 2019
I would like to request that you
add my name as a co-sponsor to SB 360 of 2019, introduced on 6/5/2019 by Sen.
Jim Stamas.
Please contact my office with any
questions and thank you for your assistance.
Sincerely,
Sen.
Sean McCann
20th
District
The communication was referred to
the Secretary for record.
The following communication was
received:
Office of Senator Stephanie Chang
June 10, 2019
Per Senate Rule 1.110(c) I am
requesting that my name be added as a co-sponsor to Senate Bill 364 which was
introduced on June 5, 2019 by Senator Zorn and was referred to the Senate
Committee on Transportation and Infrastructure.
Sincerely,
Senator
Stephanie Chang
District
1
The communication was referred to
the Secretary for record.
Messages from the Governor
The following message from the Governor
was received on June 6, 2019, and read:
EXECUTIVE ORDER
No. 2019-13
Department
of Education
Department
of Health and Human Services
Department
of Licensing and Regulatory Affairs
Department
of Talent and Economic Development
Department
of Technology, Management and Budget
Department
of Treasury
Department
of Labor and Economic Opportunity
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.
A strong economy requires a
concentration of talent. State government must ensure that every Michigander
has opportunity through a path to skills that lead to a good job.
Michigan needs increased focus on
providing resources and supporting efforts to increase the skill levels of
Michigan workers as the skills needed to compete for well-paying jobs are
rapidly changing.
As workplaces evolve, many Michiganders
will need to acquire new skills to advance—or even just to keep their current
jobs.
The talent development efforts of
Michigan state government will benefit from greater coordination and a focus on
achieving the statewide goal of increasing the number of Michigan residents
between the ages of 16 and 64 with a post-secondary credential to 60 percent by
2030.
Successful talent development programs
can be further improved and enhanced by close coordination with local workforce
development boards.
Streamlining these programs and
including services and programs that protect and promote our skilled and
talented labor market will help to provide greater efficiencies and
opportunities to engage with job providers and employees.
Strengthening and
aligning economic development activities with talent development and training
opportunities will assist in meeting the needs
of Michigan’s job providers and provide enhanced opportunities for Michigan
workers.
Changing the organization of the
executive branch of state government is necessary in the interests of efficient
administration and effectiveness of government.
Acting pursuant to the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creating
the Department of Labor and Economic Opportunity
(a) The
Department of Talent and Economic Development is renamed as the Department of
Labor and Economic Opportunity (the “Department”).
(b) The
Department shall exercise the authorities, powers, duties, functions, and
responsibilities vested in the Department by this order and otherwise by law.
(c) After
the effective date of this order, a reference to the former Department of
Talent and Economic Development will be deemed to be a reference to the Department.
(d) After
the effective date of this order, a reference to the director of the former
Department of Talent and Economic Development will be deemed to be a reference
to the director of the Department.
(e) The
director of the Department shall coordinate efforts of the executive branch of
state government to achieve a statewide goal of increasing the number of
Michigan residents between the ages of 16 and 64 with a post-secondary
credential to 60 percent by 2030.
(f) The
director of the Department will continue to serve as a member of the governor’s
cabinet.
2. Department
Transfers
(a) Michigan
State Housing Development Authority
(1) The
Michigan State Housing Development Authority created under section 21 of the
State Housing Development Authority Act, 1966 PA 346, as amended, MCL 125.1421,
is transferred by Type IV transfer to the Department.
(2) The
Michigan State Housing Development Authority will be the appointing authority
for employees of the Michigan State Housing Development Authority.
(3) The
transfer of the Michigan State Housing Development Authority under section
2(a)(1) is subject to any agreement executed before the issuance of this order
with note holders, bond holders, or issuers of instruments that are guaranteed.
(4) This order does not affect the status of money
of the Michigan State Housing Development Authority. Money of the Michigan
State Housing Development Authority is not money of this state and will
continue to be non-state funds. State money appropriated to the Michigan State
Housing Development Authority will continue to lose its status as state money
upon payment to the Michigan State Housing Development Authority and become
public money of the Michigan State Housing Development Authority under the
control of the Michigan State Housing Development Authority. Funds established
by or within the Michigan State Housing Development Authority will continue to
be public trust funds administered by the Michigan State Housing Development
Authority.
(5) This order does not impair the obligation of
any bond or note issued by or on behalf of the Michigan State Housing
Development Authority. Bonds and notes issued by or on behalf of the Michigan
State Housing Development Authority are obligations of the Michigan State
Housing Development Authority and not obligations of this state.
(6) The Michigan State Housing Development
Authority shall continue to coordinate activities relating to investments of
the Michigan State Housing Development Authority with the Department of
Treasury when responsibilities relating to investments are vested in the state
treasurer or the Department of Treasury under the State Housing Development
Authority Act of 1966, 1966 PA 346, as amended, MCL 125.1401 to 125.1499c.
(7) One
of the positions on the Michigan State Housing Development Authority for one of
three heads of principal departments of the executive branch of state
government under section 21 of the State Housing Development Authority Act of
1966, 1966 PA 346, as amended, MCL 125.1421, is transferred to the director of
the Department. The director of the Department will serve as an ex officio,
voting member of the Michigan State Housing Development Authority. The director
of the Department may designate an individual from within the Department to serve
on the director’s behalf under this section 2(a)(7).
(8) The
second of the positions on the Michigan State Housing Development Authority for
one of three heads of principal departments of the executive branch of state
government under section 21 of the State Housing Development Authority Act of
1966, 1966 PA 346, as amended, MCL 125.1421, is transferred to the state
treasurer. The state treasurer will serve as an ex officio, voting member of
the Michigan State Housing Development Authority. The state treasurer may
designate an individual from within the Department
of Treasury to serve on the state treasurer’s behalf under this section
2(a)(8).
(9) The third of the positions on the Michigan
State Housing Development Authority for one of three heads of principal
departments of the executive branch of state government under section 21 of the
State Housing Development Authority Act of 1966, 1966 PA 346, as amended, MCL
125.1421, is transferred to the president of the Michigan Strategic Fund. The
president of the Michigan Strategic Fund will serve as an ex officio, voting
member of the Michigan State Housing Development Authority. The president of
the Michigan Strategic Fund may designate an individual to serve on the
president’s behalf under this section 2(a)(9).
(10) The
position of chairperson of the Michigan State Housing Development Authority
under section 21(6) of the State Housing Development Authority Act of 1966,
1966 PA 346, as amended, MCL 125.1421(6), is transferred to the director of the
Department or the director’s designee serving as a member of the Michigan State
Housing Development Authority under section 2(a)(7). The Michigan State Housing
Development Authority will continue to elect its vice-chairperson.
(b) Michigan
Strategic Fund
(1) The Michigan
Strategic Fund is transferred by Type IV transfer to the Department.
(2) The
board of directors of the Michigan Strategic Fund created under section V.A of
Executive Order 2014-12, MCL 125.1995, is abolished and its powers, duties,
functions, and responsibilities are transferred to a new board of directors of
the Michigan Strategic Fund consisting of all of the following:
(A) The director of the Department or the director’s
designee from within the Department.
(B) The state treasurer, or the state treasurer’s
designee from within the Department of Treasury.
(C) The director of the Department of
Transportation or the director’s designee from within the Department of
Transportation.
(D) The chief executive officer of the Michigan
Economic Development Corporation, or the chief executive officer’s designee.
(E) Seven residents of this state appointed by the
governor, subject to advice and consent of the senate.
(3) At
least six individuals appointed under section 2(b)(2)(E) must be from the
private sector.
(4) One
of the individuals appointed under section 2(b)(2)(E) must be appointed from a
list of three or more nominees submitted to the governor by the senate majority
leader representing individuals within the private sector with experience in private
equity or venture capital investments, commercial lending, or commercialization
of technology.
(5) One
of the individuals appointed under section 2(b)(2)(E) must be appointed from a
list of three or more nominees submitted to the governor by the speaker of the
house of representatives representing individuals within the private sector
with experience in private equity or venture capital investments, commercial
lending, or commercialization of technology.
(6) At
least two of the members of the new board of directors of the Michigan
Strategic Fund must have experience in private equity or venture capital
investments, at least one member must have experience in commercial lending,
and at least one member must have experience in commercialization of technology.
(7) Consistent
with the requirements of section 5 of the Michigan Strategic Fund Act, 1984 PA
270, as amended, MCL 125.2005, the membership of the new board of directors of
the Michigan Strategic Fund must include minority, small business, and female
representation.
(8) Of
the members initially appointed by the governor under section 2(b)(2)(E), two
must be appointed for a term expiring on July 31, 2023, two must be appointed
for a term expiring on July 31, 2022, two must be appointed for a term expiring
on July 31, 2021, and one must be appointed for a term expiring on July 31,
2020. After the initial appointments, members must be appointed for a term of
four years. A member may continue to serve until a successor is appointed and
qualified. A vacancy occurring before the expiration of a term will be filled
in the same manner as the original appointment for the remainder of the term.
(9) The
governor shall designate a member of the new board of directors of the Michigan
Strategic Fund to serve as the president of the Michigan Strategic Fund, and
that individual may be compensated for his or her service as president of the
Michigan Strategic Fund. The president of the Michigan Strategic Fund is the
chairperson and presiding officer of the new board of directors of the Michigan
Strategic Fund. The authorities, powers, duties, functions, and
responsibilities of the chairperson of the Michigan Strategic Fund and of the
president of the Michigan Strategic Fund under the Michigan Strategic Fund Act,
1984 PA 270, as amended, MCL 125.2001 to 125.2094, and otherwise under Michigan
law, are vested in the president of the Michigan Strategic Fund.
(10) The
members of the new board of directors of the Michigan Strategic Fund shall
elect a vice-chairperson from among the new members of the board of directors
of the Michigan Strategic Fund.
(11) The
president of the Michigan Strategic Fund will be the appointing authority for
employees of the Michigan Strategic Fund.
(12) The
president of the Michigan Strategic Fund also may serve as the chief executive
officer of the Michigan Economic Development Corporation pursuant to the
interlocal agreement entered creating the Michigan Economic Development
Corporation. The authorization for the director of the Department to also serve
as the chief executive officer of the Michigan Economic Development Corporation
as provided in section II.B of Executive Order 2014-12, MCL 125.1995, is
terminated. The director of the Department shall not be designated as the
president of the Michigan Strategic Fund.
(13) The
president of the Michigan Strategic Fund is designated as a member of the
governor’s cabinet.
(14) The
authorities, powers, duties, functions, and responsibilities of the Department
of Talent and Economic Development under both of the following are transferred
to the Michigan Strategic Fund:
(A) Section 4ee of the General Sales Tax Act, 1933
PA 167, as amended, MCL 205.54ee.
(B) Section 4cc of the Use Tax Act, 1937 PA 94, as
amended, MCL 205.94cc.
(15) As
used in this section 2(b), “Department of Transportation” means the principal
department of state government created by section 350 of the Executive
Organization Act of 1965, 1965 PA 380, as amended, MCL 16.450.
(c) Michigan
Talent Investment Agency
(1) The
Michigan Talent Investment Agency created under section III of Executive Order
2014-12, MCL 125.1995, including the Workforce Development Agency within the
Michigan Talent Investment Agency, is transferred by Type III transfer to the
Department. The Michigan Talent Investment Agency, including its Workforce
Development Agency, is abolished.
(2) The
authorities, powers, duties, functions, and responsibilities transferred to the
Department by this section 2(c) include the authorities, powers, duties, functions,
and responsibilities of the Michigan Talent Investment Agency under all of the
following:
(A) Sections 61b, 61c, 67, 203, 217, 222, and 276
to 282 of The State School Aid Act of 1979, 1979 PA 94, as amended, MCL
388.1661b, 388.1661c, 388.1803, 388.1817, 388.1822, and 388.1876 to 388.1882.
(B) Section 10 of the Michigan Employment Security
Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.10.
(C) Section 4 of the Michigan Civilian Conservation
Corps Act, 1984 PA 22, as amended, MCL 409.304.
(3) The position under section II.B.3 of Executive
Order 2010-15, as amended by Executive Order 2014-6, MCL 333.26253, on the P-20
Longitudinal Data System Advisory Council within the State Budget Office for
one representative nominated by the Director of the Workforce Development
Agency within the Michigan Strategic Fund and appointed by the State Budget
Director is transferred to one resident of this state appointed by the director
of the Department.
(d) State
Historic Preservation Office
(1) The
State Historic Preservation Office created by Executive Order 2007-53 and
transferred to the Michigan State Housing Development Authority by Executive
Order 2009-36, MCL 399.752, is transferred from the Michigan State Housing
Development Authority to the Michigan Strategic Fund, including its
authorities, powers, duties, functions, and responsibilities and those of the
Michigan State Housing Development Authority under Executive Order 2007-53 and
all of the following:
(A) Section 13(1)(o) of the Freedom of Information
Act, 1976 PA 442, as amended, MCL 15.243(1)(o).
(B) Sections
90b to 90d of Michigan Strategic Fund Act, 1984 PA 270, as amended, MCL
125.2090b to 125.2090d.
(C) Sections 229, 326, and 626 of the Recodified
Tax Increment Financing Act, 2018 PA 57, MCL 125.4229, 125.4326, and 125.4626.
(D) Section 266 of the Income Tax Act of 1967, 1967
PA 281, as amended, MCL 206.266.
(E) Sections
107 and 435 of the Michigan Business Tax Act, 2007 PA 36, as amended, MCL
208.1107 and 208.1435.
(F) Section 811k of the Michigan Vehicle Code, 1949
PA 300, as amended, MCL 257.811k.
(G) Sections 63523 to 63525 and 72117 of the
Natural Resources and Environmental Protection Act, 1994 PA 451, as amended,
MCL 324.63523 to 324.63525 and 324.72117, including any authority, powers,
duties, functions, and responsibilities of the state archaeologist under
section 72117 of the Natural Resources and Environmental Protection Act, 1994
PA 451, as amended, MCL 324.72117.
(H) The Local Historic Districts Act, 1970 PA 169,
as amended, MCL 399.201 to 399.215.
(2) The
governor shall appoint and designate a state historic preservation officer to
administer the State Historic Preservation Office and Michigan’s historic
preservation program in compliance with 36 CFR § 61.4, including the
employment of a professionally qualified staff.
(e) State
Historic Preservation Review Board
(1) The
State Historic Preservation Review Board created by Executive Order 2007-53 and
transferred to the Michigan State Housing Development Authority by Executive
Order 2009-36, MCL 399.752, is transferred from the Michigan State Housing
Development Authority to the Michigan Strategic Fund, including its
authorities, powers, duties, functions, and responsibilities under Executive
Order 2007-53.
(2) The budgeting, procurement, and related
management functions of the State Historic Preservation Review Board will be
performed under the direction and supervision of the president of the Michigan
Strategic Fund.
(f) State
Land Bank Fast Track Authority
(1) The
board of directors of the State Land Bank Fast Track Authority created under
section III.A of Executive Order 2016-23, MCL 125.1996, is abolished. The
position of director of the State Land Bank Fast Track Authority is abolished.
(2) The
State Land Bank Fast Track Authority is renamed as the State Land Bank
Authority and is transferred by Type I transfer to the Department, including
any power, duties, functions, and responsibilities of the State Land Bank
Authority relating to revenue bonding transferred to the Michigan Strategic
Fund by Executive Order 2014-12, MCL 125.1995, The State Land Bank Authority
shall exercise its authorities, powers, duties, functions, and responsibilities
independently of the director of the Department. The budgeting, procurement,
and related management functions of the State Land Bank Authority will be
performed under the direction and supervision of the director of the
Department.
(3) The
Michigan Finance Authority retains the authorities, powers, duties, functions,
and responsibilities transferred to the Michigan Finance Authority by section
IV.L of Executive Order 2010-2, MCL 12.194.
(4) The
authorities, powers, duties, functions, and responsibilities of the State Land
Bank Authority are vested in and will be exercised by a board of directors of
the State Land Bank Authority. The board of directors will consist of the
following members:
(A) The director of the Department, or the director’s
designee from within the Department.
(B) The president of the Michigan Strategic Fund,
or the president’s designee.
(C) The executive director of the Michigan State
Housing Development Authority, or the executive director’s designee from within
the Michigan State Housing Development Authority.
(D) Four residents of this state appointed by the
governor.
(5) Of
the members initially appointed by the governor under section 2(f)(4)(D), one
must be appointed for a term expiring on July 31, 2023, one must be appointed
for a term expiring on July 31, 2022, one must be appointed for a term expiring
on July 31, 2021, and one must be appointed for a term expiring on July 31,
2020. After the initial appointments, members must be appointed for a term of
four years. A member may continue to serve until a successor is appointed and
qualified. A vacancy occurring before the expiration of a term will be filled
in the same manner as the original appointment for the remainder of the term.
(6) The governor shall designate a member of the
new board of directors of the State Land Bank Authority to serve as its
chairperson. The members of the new board of directors of the State Land Bank
Authority shall elect a vice-chairperson from among the members of the board of
directors of the State Land Bank Authority.
(7) The
board of directors shall appoint an individual to serve as executive director
of the State Land Bank Authority and to perform the authorities, powers,
duties, functions, and responsibilities vested in the executive director under
the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 to 124.774.
(8) As
used in this section 2(f),
(A) “Michigan Finance Authority” means the public
body corporate and politic created within the Department of Treasury under
section II of Executive Order 2010-2, MCL 12.194.
(B) “State Land Bank Fast Track Authority” means
the authority created as a public body corporate and politic under section 15
of the Land Bank Fast Track Act, 2003 PA 258, as amended, MCL 124.765,
transferred to the Department of Treasury by Executive Order 2010-2, MCL
12.194, transferred to the Michigan Strategic Fund by Executive Order 2011-4,
MCL 445.2030, transferred to the Michigan State Housing Development Authority
by Executive Order 2013-8, MCL 125.1393, and transferred to the director of the
Department under Executive Order 2014-12, MCL 125.1995.
(g) Unemployment
Insurance Agency
(1) The
Unemployment Insurance Agency is transferred by Type II transfer to the
Department. The transfer under this section 2(g)(1) includes all of the
authorities, powers, duties, functions, and responsibilities of the
Unemployment Insurance Agency created by section II.N of Executive Order
2003-18, MCL 445.2011, including the
authorities, powers, duties, functions, and responsibilities of the director of
the former Unemployment Insurance Agency under section 5 of the Michigan
Employment Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.5, defined as the “Director of Employment
Security” in Executive Order 1997-12, MCL 421.94, transferred to
the director of the former Bureau of Worker’s and Unemployment Compensation
under Executive Order 2002-1, MCL 445.2004, transferred to the Department of
Licensing and Regulatory Affairs by Executive Order 2011-4, MCL 445.2030, and
transferred from the Department of Licensing and Regulatory Affairs to the
Michigan Talent Investment Agency by Executive Order 2014-12, MCL 125.1995.
(2) The
Unemployment Insurance Agency will be headed by a Director of Unemployment
Insurance with all of the functions and responsibilities vested in the Director
of Unemployment Insurance under section II.N of Executive Order 2003-18, MCL
445.2011, and other authorities, powers, duties, functions, and
responsibilities vested in the Director of Unemployment Insurance by this order
and otherwise by law.
(3) A
statutory reference to the former Unemployment Agency will be deemed a
reference to the Unemployment Insurance Agency.
(4) As used in this section 2(g), “Unemployment
Insurance Agency” means the agency created within the former Department of
Labor and Economic Growth under section II.N of Executive Order 2003-18, MCL
445.2011, and transferred to the Michigan Talent Investment Agency by Executive
Order 2014-12, MCL 125.1995.
(h) Other
Transfers
(1) The
authorities, powers, duties, functions, and responsibilities of the Department
of Talent and Economic Development under sections 509(2), 511(2), and 527(1) of
the Recodified Tax Increment Financing Act, 2018 PA 57, MCL 125.4509(2), 125.4511(2),
and 125.4527(1), are transferred to the Department of Licensing and Regulatory
Affairs.
3. Creating
the Unemployment Insurance Appeals Commission
(a) The
Unemployment Insurance Appeals Commission is created as a Type I agency within
the Department. The Unemployment Insurance Appeals Commission will be located
within the Unemployment Insurance Agency described in section 2(g), but, except
as otherwise provided in this order, will exercise its prescribed statutory
powers, duties, and functions of rule-making, licensing and registration,
including the prescription of rules, rates, regulations and standards, and
adjudication independently of the Director of Unemployment Insurance described
in section 2(g) and the director of the Department.
(b) The
Unemployment Insurance Appeals Commission includes seven members appointed by
the governor with the advice and consent of the senate. Of the members of the
Unemployment Insurance Appeals Commission initially appointed, two members will
be appointed for a term expiring on July 31, 2023, two members will be
appointed for a term expiring on July 31, 2022, two members will be appointed
for a term expiring on July 31, 2021, and one member will be appointed for a
term expiring on July 31, 2020. After the initial appointments, members must be
appointed for a term of four years. A member may continue to serve until a
successor is appointed and qualified. A vacancy occurring before the expiration
of a term will be filled in the same manner as the original appointment for the
remainder of the term.
(c) A member of the Unemployment Insurance Appeals
Commission must be a member in good standing of the State Bar of Michigan who
has been an attorney licensed to practice in Michigan courts for five years or
more.
(d) The
governor shall designate a member of the Unemployment Insurance Appeals
Commission as its chairperson, to serve as chairperson at the pleasure of the
governor.
(e) The
chairperson of the Unemployment Insurance Appeals Commission shall assign a
panel of three members of the Unemployment Insurance Appeals Commission to hear
each matter to be heard by the Unemployment Insurance Appeals Commission. A
decision reached by a panel will be the final decision of the Unemployment
Insurance Appeals Commission, unless five members of the Unemployment Insurance
Appeals Commission request that the matter be brought for a full review by the
entire Commission. The request must be made within five business days after the
decision of the panel.
(f) Each
member of the Unemployment Insurance Appeals Commission must devote his or her
full time to the functions and responsibilities of the Unemployment Insurance
Appeals Commission and shall perform the functions and responsibilities of the
office during the hours generally worked by officers and employees of the
principal departments of state government. A member of the Unemployment
Insurance Appeals Commission shall not participate in a case in which the
member is an interested party. A member of the Unemployment Insurance Appeals Commission
shall discharge his or her duties in a nonpartisan manner, with good faith, and
with the degree of diligence, care, and skill that an ordinarily prudent public
officer would exercise under similar circumstances in a like position.
(g) Any
matter before the Unemployment Insurance Appeals Commission that is a matter of
first impression relating to unemployment insurance, as determined by the
chairperson of the Unemployment Insurance Appeals Commission, or any matter
that five or more members of the Unemployment Insurance Appeals Commission
request be reviewed by the entire Unemployment Insurance Appeals Commission,
must be reviewed and decided by the entire Unemployment Insurance Appeals
Commission.
(h) Opinions issued by the Unemployment Insurance
Appeals Commission must be in writing and clearly define the legal principles
applied. The Unemployment Insurance Appeals Commission shall provide for public
distribution of its opinions regarding unemployment insurance, including
distribution by electronic means using the internet.
(i) In
consultation with the chairperson of the Unemployment Insurance Appeals
Commission, the Director of Unemployment Insurance described in section 2(g)
has general supervisory control of, and is in charge of the assignment and
scheduling of the work of, the Unemployment Insurance Appeals Commission. The
Director of Unemployment Insurance, in consultation with the chairperson of the
Unemployment Insurance Appeals Commission, also may establish productivity
standards for the Unemployment Insurance Appeals Commission, its members, and
its panels.
(j) In consultation with the chairperson of the
Unemployment Insurance Appeals Commission, the Director of Unemployment
Insurance shall evaluate annually the performance of each member of the
Unemployment Insurance Appeals Commission. The evaluation must be based upon at
least the following criteria:
(1) Productivity, including reasonable time
deadlines for disposing of cases and adherence to productivity standards.
(2) Manner
in conducting hearings.
(3) Knowledge
of the rules of evidence as demonstrated by transcripts of proceedings in which
the member of the Unemployment Insurance Appeals Commission participated.
(4) Knowledge
of, and compliance with, the law.
(5) Evidence
of any demonstrable bias against particular defendants, claimants, or
attorneys.
(6) Written
surveys or comments of one or more interested parties.
(k) After
completing an evaluation under section 3(j), the Director of Unemployment
Insurance shall submit a written report, including any supporting
documentation, to the director of the Department regarding that evaluation,
which may include recommendations relating to commendation, retention,
suspension, removal, or additional training or education.
(l) A member of the Unemployment Insurance Appeals
Commission may be removed or suspended by the governor upon recommendation by
the director of the Department, based upon recommendations under section 3(k)
or other neglect of duties or misfeasance or malfeasance in office.
(m) The Department shall provide suitable office
space for the Unemployment Insurance Appeals Commission and its activities. The
Unemployment Insurance Agency described in section 2(g) shall provide the
Unemployment Insurance Appeals Commission with staff necessary for the
Unemployment Insurance Appeals Commission to perform its functions and
responsibilities under the Michigan Employment Security Act, 1936 (Ex Sess) PA
1, as amended, MCL 421.1 to 421.75, and this order, which may include legal assistants
for the purpose of legal research and otherwise assisting the Unemployment
Insurance Appeals Commission and its members.
(n) The
authorities, powers, duties, functions, and responsibilities of the Michigan
Compensation Appellate Commission relating to the Michigan Employment Security
Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.1 to 421.75, and the authorities,
powers, duties, functions, and responsibilities under I.B.2 of Executive
Order 2011-6, MCL 445.2032, as amended, are transferred to the Unemployment Insurance Appeals Commission. The authorities,
powers, duties, functions, and responsibilities of the Michigan Compensation
Appellate Commission under all of the following are transferred to the
Unemployment Insurance Appeals Commission:
(1) Section
5a of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.5a.
(2) Section
6a of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.6a.
(3) Section 15(b) of the Michigan Employment
Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.15(b).
(4) Section 33(2) of the Michigan Employment
Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.33(2).
(5) Section
34 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.34.
(6) Section
37 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.37.
(7) Section
38 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.38.
(8) Section
54 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.54.
(9) Section 62(g) of the Michigan Employment
Security Act, 1936 (Ex Sess) PA 1, as amended, MCL 421.62(g).
(o) The Unemployment Insurance Agency described in
section 2(g) must be a party to any judicial action involving an order or
decision of the Unemployment Insurance Appeals Commission or an administrative
law judge.
(p) A
statutory reference to the former Michigan Employment Security Board of Review
will be deemed a reference to the Unemployment Insurance Appeals Commission.
4. Creating the Workers’ Disability Compensation
Appeals Commission
(a) The Workers’ Disability Compensation Appeals
Commission is created as a Type I Agency within the Department. The Workers’
Disability Compensation Appeals Commission will be located within the Workers’
Disability Compensation Agency described in section 7(l), but, except as
otherwise provided in this order, will exercise its prescribed statutory
powers, duties, and functions of rule-making, licensing and registration,
including the prescription of rules, rates, regulations and standards, and
adjudication independently of the Director of Workers’ Disability Compensation
described in section 7(l) and the director of the Department.
(b) The Workers’ Disability Compensation Appeals
Commission will include three members appointed by the governor with the advice
and consent of the senate. The Workers’ Disability Compensation Appeals
Commission shall act by the vote of two or more members. If the Workers’
Disability Compensation Appeals Commission does not have the vote of two or
more members to decide a case because a member does not participate in a case
in accord with section 4(g), the chairperson of the Workers’ Compensation Board
of Magistrates shall participate in the case and cast a vote upon reviewing the
record. Of the members of the Workers’ Disability Compensation Appeals
Commission initially appointed, one member will be appointed for a term
expiring on July 31, 2023, one member will be appointed for a term expiring on
July 31, 2022, and one member will be appointed for a term expiring on July 31,
2021. After the initial appointments, members must be appointed for a term of
four years. A member may continue to serve until a successor is appointed and qualified.
A vacancy occurring before the expiration of a term will be filled in the same
manner as the original appointment for the remainder of the term.
(c) A member of the Workers’ Disability
Compensation Appeals Commission must satisfy of the following:
(1) The
member is a member in good standing of the State Bar of Michigan.
(2) The
member has been an attorney licensed to practice in Michigan courts for five
years or more.
(3) The
member has practiced in the field of workers’ compensation law for five years
or more or otherwise demonstrates proficiency in the field of workers’
compensation law.
(d) The
governor shall designate a member of the Workers’ Disability Compensation
Appeals Commission as its chairperson, to serve as chairperson at the pleasure
of the governor.
(e) A decision reached by the Workers’ Disability
Compensation Appeals Commission will be the final decision.
(f) Each
member of the Workers’ Disability Compensation Appeals Commission must devote
his or her full time to the functions and responsibilities of the Workers’
Disability Compensation Appeals Commission and shall perform the functions and
responsibilities of the office during the hours generally worked by officers
and employees of the principal departments of state government. A member of the
Workers’ Disability Compensation Appeals Commission shall discharge his or her
duties in a nonpartisan manner, with good faith, and with the degree of
diligence, care, and skill that an ordinarily prudent public officer would
exercise under similar circumstances in a like position.
(g) A
member of the Workers’ Disability Compensation Appeals Commission shall not
participate in a case in which the member is an interested party.
(h) Opinions
issued by the Workers’ Disability Compensation Appeals Commission must be in
writing and clearly define the legal principles applied. The Workers’
Disability Compensation Appeals Commission shall provide for public
distribution of its opinions regarding workers’ disability compensation,
including distribution by electronic means using the internet.
(i) In
consultation with the chairperson of the Workers’ Disability Compensation
Appeals Commission, the Director of Workers’ Disability Compensation described
in section 7(l) has general supervisory control of, and is in charge of the
assignment and scheduling of the work of, the Workers’ Disability Compensation
Appeals Commission. The Director of Workers’ Disability Compensation, in
consultation with the chairperson of the Workers’ Disability Compensation
Appeals Commission, also may establish productivity standards for the Workers’
Disability Compensation Appeals Commission and its members.
(j) In
consultation with the chairperson of the Workers’ Disability Appeals
Commission, the Director of Workers’ Disability Compensation described in
section 7(l) shall evaluate annually the performance of each member of the
Workers’ Disability Compensation Appeals Commission. The evaluation must be
based upon at least the following criteria:
(1) Productivity, including reasonable time
deadlines for disposing of cases and adherence to productivity standards.
(2) Manner
of conducting hearings.
(3) Knowledge
of the rules of evidence as demonstrated by transcripts of proceedings in which
the member of the Workers’ Disability Compensation Appeals Commission
participated.
(4) Knowledge
of, and compliance with, the law.
(5) Evidence
of any demonstrable bias against particular defendants, claimants, or
attorneys.
(6) Written
surveys or comments of one or more interested parties.
(k) After
completing an evaluation under section 4(j), the Director of Workers’
Disability Compensation described in section 7(l) shall submit a written report, including any supporting
documentation, to the director of the Department regarding that evaluation,
which may include recommendations relating to commendation, retention,
suspension, removal, or additional training or education.
(l) A member of the Workers’ Disability
Compensation Appeals Commission may be removed or suspended by the governor
upon recommendation by the director of the Department, based upon
recommendations under section 4(k) or other neglect of duties or misfeasance or
malfeasance in office.
(m) The
Department shall provide suitable office space for the Workers’ Disability
Compensation Appeals Commission and its activities. The Workers’ Disability
Compensation Agency described in section 7(l),
shall provide the Workers’ Disability Compensation Appeals Commission with
staff necessary for the Workers’ Disability Compensation Appeals Commission to
perform its functions and responsibilities under the Worker’s Disability Compensation
Act of 1969, 1969 PA 317, as amended, MCL 418.101 to 418.941, and this order,
which may include legal assistants for the purpose of legal research and
otherwise assisting the Workers’ Disability Compensation Appeals Commission and
its members.
(n) The authorities, powers, duties, functions, and
responsibilities transferred to the Michigan Compensation Appellate
Commission under I.B.1 of Executive Order 2011-6, MCL 445.2032, as amended, are
transferred to the Workers’ Disability Compensation Appeals Commission. The
authorities, powers, duties, functions, and responsibilities of the Michigan
Compensation Appellate Commission under all of the following are transferred to
the Workers’ Disability Compensation Appeals Commission:
(1) Section
212(1)(a) of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.212(1)(a).
(2) Section 274 of the Worker’s Disability
Compensation Act of 1969, 1969 PA 317, as amended, MCL 418.274.
(3) Section
319(2) of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.319(2).
(4) Section
611(6) of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.611(6).
(5) Section
835(5) of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.835(5).
(6) Section
853 of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.853.
(o) The
authorities, powers, duties, functions, and responsibilities of the executive
director of the former Michigan Administrative Hearing System under section 212
of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as amended,
MCL 418.212, are transferred to the Director of Workers’ Disability
Compensation described in section 7(l).
(p) A
statutory reference to the former Worker’s Compensation Appellate Commission or
the former Workers’ Compensation Appellate Commission will be deemed a
reference to the Workers’ Disability Compensation Appeals Commission.
(q) The
Michigan Compensation Appellate Commission is abolished.
5. Transfers
from Department of Education
(a) Subject to section 5(d), all of the
authorities, powers, duties, functions, and responsibilities of the Department
of Education under Article V of The State School Aid Act of 1979, 1979 PA 94,
as amended, MCL 388.1897 to 1897l, are transferred by Type II transfer from the
Department of Education to the Department.
(b) Subject
to section 5(d), the authorities, powers, duties, functions, and
responsibilities transferred to the Department of Education under section V.A
of Executive Order 2011-4, MCL 445.2030, relating to the Youth Employment
Standards Act, 1978 PA 90, as amended, MCL 409.101 to 409.124, are transferred
by Type II transfer from the Department of Education to the Department.
(c) The Michigan Council on Educational Opportunity
for Military Children required by article 8 of section 1 of 2008 PA 160, MCL
3.1041, is transferred by Type II transfer from the Department of Education to
the Department.
(d) The
authorities, powers, duties, functions, and responsibilities transferred by
this section 5 are subject to the leadership and general supervision of the
State Board of Education under section 3 of article 8 of the Michigan
Constitution of 1963 and will remain subject to that leadership and general
supervision to the extent provided by section 3 of article 8 of the Michigan
Constitution of 1963.
6. Transfers
from Department of Health and Human Services
(a) Michigan
Council for Rehabilitation Services
(1) The
Michigan Council for Rehabilitation Services is transferred by Type II transfer
from the Department of Health and Human Services to the Department.
(2) The
authorities, powers, duties, functions, and responsibilities of the Department
of Health and Human Services and its director and of the Department of
Licensing and Regulatory Affairs and its director under section V of Executive
Order 2012-10, MCL 445.2033, are transferred from the Department of Health and
Human Services to the Department and its director.
(3) The position as a member of the Michigan
Council for Rehabilitation Services under section V.B.1.g of Executive Order
2012-10, MCL 445.2033, is transferred to one individual representing the
Michigan Future Talent Council.
(4) The
Michigan Council for Rehabilitation Services shall continue to be the single
state rehabilitation council pursuant to 29 USC 721(a)(21)(B) for authorities,
powers, duties, functions, and responsibilities transferred to the Department
under sections 6(b) and 7(c).
(5) As
used in this section 6(a):
(A) “Michigan Council for Rehabilitation Services”
means the council created under section V of Executive Order 2012-10, MCL
445.2033.
(B) “Michigan Future Talent Council” means the
state workforce development board required by section 101 of the Workforce
Innovation and Opportunity Act, Public Law 113-128, 29 USC 3111, and
established by Executive Order 2015-11, as amended by Executive Order 2018-13.
(b) Michigan
Rehabilitation Services
(1) The
authorities, powers, duties, functions, and responsibilities of Michigan
Rehabilitation Services, including those transferred under section III of
Executive Order 2012-10, MCL 445.2033, are transferred by Type II transfer from
the Department of Health and Human Services to the Department.
(2) The
Department shall serve as a “designated state agency” as defined under the
Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 701 et seq.
(3) The
authorities, powers, duties, functions, and responsibilities of the Department
of Health and Human Services under the Rehabilitation Act of 1964, 1964 PA 232,
as amended, MCL 395.81 to 395.90, are transferred by Type II transfer from the
Department of Health and Human Services to the Department.
(c) Michigan
Community Service Commission
(1) The
Michigan Community Service Commission is transferred by Type II transfer from
the Department of Health and Human Services to the Department.
(2) As
used in this section 6(c), “Michigan Community Service Commission” means the
commission provided for by 1994 PA 219, MCL 408.221 to 408.232, transferred to
the former Department of Labor and Economic Growth by Executive Order 2003-18,
MCL 445.2011, and transferred to the former Department of Human Services by
Executive Order 2006-21, MCL 209.91.
7. Transfers from Department of Licensing and
Regulatory Affairs
(a) Asian
Pacific American Affairs Commission
(1) The
Asian Pacific American Affairs Commission is transferred by Type II transfer
from the Department of Licensing and Regulatory Affairs to the Department.
(2) After
the effective date of this order, the executive director of the Office of
Global Michigan and the director of the Department of Civil Rights shall serve
as the only ex officio, non-voting members of the Asian Pacific American
Affairs Commission.
(3) The
Office of Asian Pacific American Affairs is transferred by Type III transfer
from the Department of Licensing and Regulatory Affairs to the Department. The
Office of Asian Pacific American Affairs and the position of director of that
office are both abolished.
(4) As
used in this section 7(a):
(A) “Asian Pacific American Affairs Commission”
means the commission created by Executive Order 2009-21, MCL 445.1992,
transferred to the Department of Civil Rights by Executive Order 2011-4,
MCL 445.2030, and transferred to the Department of Licensing and Regulatory
Affairs by Executive Order 2016-3, MCL 445.1993.
(B) “Office of Asian Pacific American Affairs”
means the office created within the former Department of Energy, Labor, and
Economic Growth under section 13 of the Asian Pacific American Affairs
Commission Act, 2008 PA 536, MCL 37.133, transferred to the Department of Civil
Rights by Executive Order 2011-4, MCL 445.2030, and transferred to the
Department of Licensing and Regulatory Affairs by Executive Order 2016-3, MCL
445.1993.
(b) Board
of Health Safety and Compliance and Appeals
(1) The
Board of Health Safety and Compliance and Appeals is transferred by Type I
transfer from the Department of Licensing and Regulatory Affairs to the
Department.
(2) As
used in this section 7(b), “Board of Health Safety and Compliance and Appeals”
means the board created under section 46 of the Michigan Occupational Safety
and Health Act, 1974 PA 154, as amended, MCL 408.1046, as modified by Executive
Order 2010-10, MCL 408.991.
(c) Bureau
of Services for Blind Persons
(1) The Bureau of Services for Blind Persons
created under section I of Executive Order 2012-10, MCL 445.2033, is
transferred by Type II transfer from the Department of Licensing and Regulatory
Affairs to the Department.
(2) The authorities, powers, duties, functions, and
responsibilities transferred to the director of the Department of Licensing and
Regulatory Affairs under section I of Executive Order 2012-10, MCL 445.2033,
are transferred from the Department of Licensing and Regulatory Affairs to the
director of the Department.
(3) The
authorities, powers, duties, functions, and responsibilities of the Department
of Licensing and Regulatory Affairs under 1978 PA 260, as amended, MCL 393.351
to 393.369, are transferred by Type II transfer from the Department of
Licensing and Regulatory Affairs to the Department.
(4) The
Bureau of Services for Blind Persons shall continue to serve as the “state
licensing agency” under Public Law 74-432, as amended, 20 USC 107 to 107f.
(d) Commission
for Blind Persons
(1) The
Commission for Blind Persons created under section II of Executive Order
2012-10, MCL 445.2033, is transferred by Type II transfer from the Department
of Licensing and Regulatory Affairs to the Department.
(2) The
authorities, powers, duties, functions, and responsibilities of the Department
of Licensing and Regulatory Affairs and its director under section II of
Executive Order 2012-10, MCL 445.2033, are transferred from the Department of Licensing
and Regulatory Affairs to the Department and its director.
(e) Commission
on Middle Eastern American Affairs
(1) The
Commission on Middle Eastern American Affairs is transferred by Type II
transfer from the Department of Licensing and Regulatory Affairs to the
Department.
(2) After
the effective date of this order, the executive director of the Office of
Global Michigan and the director of the Department of Civil Rights, shall serve
as the only ex officio, non-voting members of the Commission on Middle Eastern
American Affairs.
(3) As
used in this section 7(e), “Commission on Middle Eastern American Affairs”
means the commission created within the former Department of Civil Rights and
transferred from the Department of Civil Rights to the Department of Licensing
and Regulatory Affairs and renamed as the Commission on Middle Eastern American
Affairs by Executive Order 2016-3, MCL 445.1993.
(f) Employment
Relations Commission
(1) The Employment Relations Commission created
under section 3 of 1939 PA 176, as amended, MCL 423.3, is transferred by Type I
transfer from the Department of Licensing and Regulatory Affairs to the
Department.
(g) Hispanic/Latino
Commission of Michigan
(1) The
Hispanic/Latino Commission of Michigan is transferred by Type II transfer from
the Department of Licensing and Regulatory Affairs to the Department.
(2) After
the effective date of this order, the executive director of the Office of
Global Michigan and the director of the Department of Civil Rights, shall serve
as the only ex officio, non-voting members of the Hispanic/Latino Commission of
Michigan.
(3) The
Office of Hispanic/Latino Affairs is transferred by Type III transfer from the
Department of Licensing and Regulatory Affairs to the Department. The Office of
Hispanic/Latino Affairs and the position of director of that office are both
abolished.
(4) As
used in this section 7(g):
(A) “Hispanic/Latino Commission” means the
commission created under section 2 of 1975 PA 164, as amended, MCL 18.302,
transferred to the Department of Civil Rights by Executive Order 2011-4, MCL
445.2030, and transferred to the Department of Licensing and Regulatory Affairs
by Executive Order 2016-3, MCL 445.1993.
(B) “Office of Hispanic/Latino Affairs” means the
office created within the former Department of Energy, Labor, and Economic
Growth under section 4 of 1975 PA 164, as amended, MCL 18.304, transferred to
the Department of Civil Rights by Executive Order 2011-4, MCL 445.2030, and
transferred to the Department of Licensing and Regulatory Affairs by Executive
Order 2016-3, MCL 445.1993.
(h) Michigan
Occupational Safety and Health Administration
(1) The
Michigan Occupational Safety and Health Administration is transferred by Type
II transfer from the Department of Licensing and Regulatory Affairs to the
Department.
(2) The
authorities, powers, duties, functions, and responsibilities of the Department
of Licensing and Regulatory Affairs under the Michigan Occupational Safety and
Health Act, 1974 PA 154, as amended, MCL 408.1001 to 408.1094, are transferred
by Type II transfer from the Department of Licensing and Regulatory Affairs to
the Department.
(3) As used in this section 7(h), “Michigan
Occupational Safety and Health Administration” means the organizational unit
within the Department of Licensing and Regulatory Affairs that exercises the
authorities, powers, duties, functions, and responsibilities transferred to the
director of the former Department of Consumer and Industry Services under
IV.3.h of Executive Order 1996-2, MCL 445.2001, and the authorities, powers,
duties, functions, and responsibilities previously vested in the former General
Industry Safety Standards Commission abolished by 2012 PA 416, the former
Construction Safety Standards Commission abolished by 2012 PA 448, and the
former Occupational Health Standards Commission abolished by 2012 PA 447.
(i) Michigan
Office for New Americans
(1) The
Michigan Office for New Americans is transferred by Type II transfer from the
Department of Licensing and Regulatory Affairs to the Department, including the
authorities, powers, duties, functions, and responsibilities of the Michigan
Office for New Americans under all of the following:
(A) Executive Order 2014-2.
(B) Executive Order 2018-7, MCL 125.1997.
(2) The
transfer under section 7(i)(1) includes the transfer of the Chairpersons
Council created as an advisory body under section II of Executive Order 2018-7,
MCL 125.1997. The Chairpersons Council is renamed as the Chairpersons’ Council
on Opportunities.
(3) The
position of director of the Michigan Office for New Americans is abolished.
(4) The
Michigan Office for New Americans is renamed as the Office of Global Michigan.
(5) The position of executive director of the
Office of Global Michigan is created within the Office of Global Michigan. The
governor shall appoint the executive director of the Office of Global Michigan,
who will serve at the pleasure of the governor. The executive director of the
Office of Global Michigan will be the head of the Office of Global Michigan and
shall advise the governor on matters relating to new Americans, immigration
policy, enforcement of federal immigration laws in Michigan, and on other
matters, as requested by the governor. The executive director of the Office of
Global Michigan is designated as a member of the governor’s cabinet.
(6) The
membership of the Chairpersons’ Council on Opportunities is expanded to include
the executive director of the Office of Global Michigan, who will serve as the
chairperson and presiding officer of the Chairpersons’ Council on
Opportunities.
(7) The
authority to convene meetings of the Chairpersons’ Council on Opportunities is
transferred to the executive director of the Office of Global Michigan. The
Chairperson’s Council on Opportunities shall meet not less than four times per
year and must meet in a manner that complies with the requirements of the Open
Meetings Act, 1976 PA 267, as amended, MCL 15.261 to 15.275.
(8) Subject
to the approval of the Office of Global Michigan and available funding, members
of the Chairpersons’ Council on Opportunities may receive reimbursement for
necessary travel and expenses according to applicable law and procedures of the
Department.
(j) Nonincorporated
Private Educational Institutions
(1) The
authorities, powers, duties, functions, and responsibilities of the Department
of Licensing and Regulatory Affairs transferred to the Department of Licensing
and Regulatory Affairs by section II.B of Executive Order 2012-9, MCL 125.1994,
are transferred from the Department of Licensing and Regulatory Affairs to the
Department, including the authorities, powers, duties, functions, and
responsibilities under 1964 PA 142, as amended, MCL 390.771 to 390.772.
(k) Wage
and Hour Division
(1) The
authorities, powers, duties, functions, and responsibilities of the Wage and
Hour Division under section II.L of Executive Order 2003-18, MCL 445.2011, are
transferred by Type II transfer from the Department of Licensing and Regulatory
Affairs to the Department.
(2) The
authority, powers, duties, functions, and responsibilities of the Department of
Licensing and Regulatory Affairs under all of the following are transferred by
Type II transfer from the Department of Licensing and Regulatory Affairs to the
Department:
(A) 1978
PA 390, as amended, MCL 408.471 to 408.490.
(B) The
Earned Sick Time Act, 2018 PA 338, as amended, MCL 408.961 to 408.974.
(C) The
Improved Workforce Opportunity Wage Act, 2018 PA 337, as amended, MCL 408.931
to 408.945.
(l) Workers’ Compensation Agency
(1) The Workers’ Compensation Agency is transferred
by Type II transfer from the Department of Licensing and Regulatory Affairs to
the Department and renamed as the Workers’ Disability Compensation Agency.
(2) The
Workers’ Disability Compensation Agency will be headed by a Director of Workers’
Disability Compensation possessing all of the powers vested in the office of
the Director of Workers’ Compensation under section II.O of Executive Order
2003-18, MCL 445.2011, this order, and otherwise provided by law. The Director
of Workers’ Disability Compensation described in section 7(l) shall comply with
the requirements applicable to the director under section 205 of the Worker’s
Disability Compensation Act of 1969, 1969 PA 317, as amended, MCL 418.205.
(3) The
authorities, powers, duties, functions, and responsibilities of the executive
director of the former Michigan Administrative Hearing System under sections
212 and 213 of the Worker’s Disability Compensation Act of 1969, 1969 PA 317,
as amended, MCL 418.212 and 418.213, are transferred to the Director of Workers’
Disability Compensation described in this section 7(l).
(4) The
authorities, powers, duties, functions, and responsibilities of the former
Michigan Administrative Hearing System sections 213(7) and 213(8) of the Worker’s
Disability Compensation Act of 1969, 1969 PA 317, as amended, MCL
418.213(7) and 418.213(8), are transferred from the Department of Licensing and
Regulatory Affairs to the Workers’ Disability Compensation Agency.
(5) The
authorities, powers, duties, functions, and responsibilities of the former
Michigan Administrative Hearing System under section 847 of the Worker’s
Disability Compensation Act of 1969, 1969 PA 317, as amended, MCL 418.847, are
transferred from the Department of Licensing and Regulatory Affairs to the
Director of Workers’ Disability Compensation described in this section 7(l).
(6) The
authorities, powers, duties, functions, and responsibilities of the Department
of Licensing and Regulatory Affairs under section 274(5) of the Worker’s
Disability Compensation Act of 1969, 1969 PA 317, as amended, MCL
418.274(5), are transferred from the Department of Licensing and Regulatory
Affairs to the Department.
(7) As
used in this section 7(l) and section 7(m), “Workers’ Compensation Agency”
means the agency created within the former Department of Labor and Economic
Growth under section II.O of Executive Order 2003-18, MCL 445.2011.
(m) Workers’
Compensation Board of Magistrates
(1) The
Workers’ Compensation Board of Magistrates is transferred by Type I transfer
from the Department of Licensing and Regulatory Affairs to the Department. The
Workers’ Compensation Board of Magistrates will be located within the Workers’
Disability Compensation Agency, but, except as otherwise provided in this
order, will exercise its prescribed statutory powers, duties, and functions of
rule-making, licensing and registration, including the prescription of rules,
rates, regulations and standards, and adjudication independently of the
Director of Workers’ Disability Compensation described in section 7(l) and the director of the Department.
(2) A member of the Workers’ Compensation Board of
Magistrates must be a member in good standing of the State Bar of Michigan who
has been an attorney licensed to practice in Michigan courts for five years or
more.
(3) The
authorities, powers, duties, functions, and responsibilities of the director of
the Department of Licensing and Regulatory Affairs under 212 of the Worker’s
Disability Compensation Act of 1969, 1969 PA 317, as amended, MCL 418.212, are
transferred from the Department of Licensing and Regulatory Affairs to the
director of the Department.
(4) The authorities, powers, duties, functions, and
responsibilities of the Department of Licensing and Regulatory Affairs under
213 of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.213, are transferred from the Department of Licensing and
Regulatory Affairs to the Department.
(5) As used in this section 7(m), “Workers’
Compensation Board of Magistrates” means the board established under section
213 of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, as
amended, MCL 418.213, as amended by Executive Order 2003-18, MCL 445.2011, and
Executive Order 2009-53, MCL 445.2011, and transferred to the former Michigan
Administrative Hearing System within the Department of Licensing and Regulatory
Affairs under section IX.G of Executive Order 2011-4, MCL 445.2030.
(n) Other
Transfers
(1) The
authorities, powers, duties, functions, and responsibilities of the Department
of Licensing and Regulatory Affairs under all of the following are transferred
by Type II transfer from the Department of Licensing and Regulatory Affairs
transfer to the Department:
(A) 1972 PA 251, as amended, MCL 390.501 to
390.506.
(B) The Higher Education Authorization and Distance
Education Reciprocal Exchange Act, 2015 PA 45, as amended, MCL 390.1691 to
390.1697.
(C) The Proprietary Schools Act, 1943 PA 148, as
amended, MCL 395.101 to 395.103.
(D) Section 177 of 1931 PA 327, as amended, MCL
450.177.
(E) The Employment Security Financing Act, 2011 PA
267, MCL 12.271, to 12.294.
(2) The
authorities, powers, duties, functions, and responsibilities of the director of
the Department of Licensing and Regulatory Affairs under all of the following
are transferred from the director of the Department of Licensing and Regulatory
Affairs to the director of the Department:
(A) The Employment Security Financing Act, 2011 PA
267, MCL 12.271, to 12.294.
(B) The Improved Workforce Opportunity Wage Act,
2018 PA 337, as amended, MCL 408.931 to 408.945.
(C) The
Michigan Occupational Safety and Health Act, 1974 PA 154, as amended, MCL
408.1001 to 408.1094.
(D) Section
26a of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, as amended,
MCL 421.26a.
(E) Section 14 of 1939 PA 176, as amended, MCL
423.14.
8. Transfer
from the Department of Technology, Management and Budget
(a) MiSTEM
Advisory Council
(1) The
MiSTEM Advisory Council created under section 99s of The State School Aid Act
of 1979, 1979 PA 94, as amended, MCL 388.1699s, is transferred by Type III
transfer to the Department and is abolished.
(2) The
transfer under section 8(a)(1) includes the authorities, powers, duties,
functions, and responsibilities of the MiSTEM Advisory Council under section
98(2)(a)(v) of The State School Aid Act of 1979, 1979 PA 94, as amended, MCL
388.1698(2)(a)(v).
(3) The
position of executive director for the MiSTEM network referenced in section 99s
of The State School Aid Act of 1979, 1979 PA 94, as amended, MCL 388.1699s, is
abolished.
(4) The
position of executive assistant for the MiSTEM network referenced in section
99s of The State School Aid Act of 1979, 1979 PA 94, as amended, MCL 388.1699s,
is abolished.
(b) Creation of Michigan Science, Technology,
Engineering, and Mathematics Education Advisory Council
(1) The
Michigan Science, Technology, Engineering, and Mathematics Education Advisory
Council is created as an advisory body within the Department and also may be
known as the “MI-STEM Council.” The MI-STEM Council includes the following
members:
(A) The director of the Department or the director’s
designated representative from within the Department, who shall serve as an ex
officio, voting member.
(B) The Superintendent of Public Instruction or a
designated representative of the Superintendent of Public Instruction from
within the Department of Education, who shall serve as an ex officio, voting
member.
(C) Nine residents of this state appointed as
voting members by the governor with experience with one or more of the
following:
(i) Economic
sectors of this state that rely upon a workforce with education in science,
technology, engineering, and mathematics.
(ii) Nonprofit
organizations that promote science, technology, engineering, and mathematics
education.
(iii) K-12
and postsecondary educational institutions involved with science, technology,
engineering, and mathematics career preparation or education.
(D) Two
members of the Michigan Senate designated by its majority leader, including one
member of the majority party and one member of the minority party, and two
members of the Michigan House of Representatives designated by its speaker,
including one member of the majority party and one member of the minority
party, may participate in meetings of the MI-STEM Council as non-voting members
of MI-STEM Council.
(E) Of the MI-STEM Council members initially
appointed under section 8(b)(1)(C), three members shall be appointed for a term
ending on September 30, 2022, two members shall be appointed for a term ending
on September 30, 2021, two members shall be appointed for a term ending on
September 30, 2020, and two members shall be appointed for a term ending on
September 30, 2019. After the initial appointments, a member of the MI-STEM
Council appointed under section 8(b)(1)(C) shall be appointed for a term of
four years.
(F) A vacancy on the MI-STEM Council created other
than by the expiration of the term of a member of the MI-STEM Council shall be
filled in the same manner as the original appointment, for the remainder of the
unexpired term. A member of the MI-STEM Council may be reappointed for
additional terms.
(G) The member of the MI-STEM Council serving under
section 8(b)(1)(A) shall serve as the chairperson of the MI-STEM Council. The
governor shall designate an individual appointed under section 8(b)(1)(C)
as the vice-chairperson, to serve as vice-chairperson at the pleasure of the
governor.
(2) The
MI-STEM Council shall perform the authorities, powers, duties, functions, and
responsibilities transferred to the Department under section 8(a) and all of
the following:
(A) Recommending measures to ensure effective
communications, collaboration, and joint objectives among state departments and
agencies with responsibilities relating to science, technology, engineering,
and mathematics education.
(B) Providing other information, advice, or
assistance as requested by the director of the Department.
(C) Other authorities, powers, duties, functions,
and responsibilities vested in the MI-STEM Advisory Council by law.
(3) The
Department shall assist the MI-STEM Advisory Council in the performance of its
authorities, powers, duties, functions, and responsibilities and shall provide
personnel to staff the MI-STEM Advisory Council. The budgeting, procurement,
and related management functions of the MI-STEM Advisory Council will be performed
under the direction and supervision of the director of the Department.
(4) The
MI-STEM Advisory Council shall adopt procedures consistent with Michigan law
and this order governing its organization and operations.
(5) The
MI-STEM Advisory Council shall comply with the Freedom of Information Act, 1976
PA 442, as amended, MCL 15.231 to 15.246.
(6) The
MI-STEM Advisory Council shall comply with the Open Meetings Act, 1976 PA 267,
as amended, MCL 15.261 to 15.275.
(7) A
majority of the voting members of the MI-STEM Advisory Council serving
constitutes a quorum for the transaction of the business of the MI-STEM
Advisory Council. The MI-STEM Advisory Council shall act by a majority vote of
its serving voting members. The MI-STEM Advisory Council shall meet at the call
of its chairperson and as otherwise provided in procedures adopted by the
MI-STEM Advisory Council.
(8) The
MI-STEM Advisory Council may establish advisory workgroups composed of
individuals or entities participating in MI-STEM Council activities or other
members of the public as deemed necessary by the MI-STEM Advisory Council to
assist the MI-STEM Advisory Council in performing its authorities, powers,
duties, functions, and responsibilities. The MI-STEM Advisory Council may
adopt, reject, or modify any recommendations proposed by an advisory workgroup.
(9) The
MI-STEM Advisory Council may, as appropriate, make inquiries, studies,
investigations, hold hearings, and receive comments from the public. The
MI-STEM Advisory Council also may consult with outside experts in order to
perform its authorities, powers, duties, functions, and responsibilities,
including experts in the private sector, organized labor, government agencies,
and at institutions of higher education.
(10) Members
of the MI-STEM Advisory Council will serve without compensation. Members of the
MI-STEM Advisory Council may receive reimbursement for necessary travel and
expenses consistent with applicable law, rules, and procedures, subject to
available funding.
(11) The Department
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 authorities and powers of the MI-STEM Advisory Council and the
performance of its duties, functions, and responsibilities as the director of
the Department deems advisable and necessary, in accordance with this order and
applicable law, rules, and procedures, subject to available funding.
(12) Members
of the MI-STEM Advisory Council shall refer all legal, legislative, and media
contacts to the Department.
(13) All departments, committees, commissioners, or
officers of this state, or of any political subdivision of this state, shall
give to the MI-STEM Council, or to any member or representative of the MI-STEM
Council, any necessary assistance required by the MI-STEM Council, or any
member or representative of the MI-STEM Council, in the performance of the
authorities, powers, duties, functions, and responsibilities of the MI-STEM
Council so far as is compatible with its, his, or her duties. Free access also
must be given to any books, records, or documents in its, his, or her custody
relating to matters within the scope of inquiry, study, or review of the
MI-STEM Council.
9. Transfers
from the Department of Treasury
(a) The
authorities, powers, duties, functions, and responsibilities of the Department
of Treasury under Article V of The State School Aid Act of 1979, 1979 PA 94, as
amended, MCL 388.1897 to 388.1897l,
are transferred from the Department of Treasury to the Department.
10. Definitions
As used in this order:
(a) “Department
of Civil Rights” means the principal department of state government created by
section 475 of the Executive Organization Act of 1965, 1965 PA 380, as amended,
MCL 16.575.
(b) “Department
of Education” means the principal department of state government created by
section 300 of the Executive Organization Act of 1965, 1965 PA 380, as amended,
MCL 16.400.
(c) “Department
of Health and Human Services” means the principal department of state
government created by Executive Order 2015-4, MCL 400.227.
(d) “Department
of Labor and Economic Opportunity” or “Department” means the principal
department of state government created under section 1 of this order.
(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 as the Department of Labor and Economic Growth by
Executive Order 2003-18, MCL 445.2011, renamed as the Department of Energy,
Labor, and Economic Growth by Executive Order 2008-20, MCL 445.2025, and
renamed as the Department of Licensing and Regulatory Affairs by Executive
Order 2011-4, MCL 445.2030.
(f) “Department
of Talent and Economic Development” means the principal department of state
government created by Executive Order 2014-12, MCL 125.1995.
(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 431, MCL 18.1121, and
renamed as the Department of Technology, Management and Budget by Executive
Order 2009-55, MCL 18.441.
(h) “Department
of Treasury” means the principal department of state government created under
section 75 of the Executive Organization Act of 1965, 1965 PA 380, as amended,
MCL 16.175.
(i) “Michigan
Administrative Hearing System” means the former entity within the Department of
Licensing and Regulatory Affairs created under section IX of Executive Order
2011-4, MCL 445.2030, the authorities, powers, duties, functions, and
responsibilities of which were transferred to the Michigan Office of
Administrative Hearing and Rules by Executive Order 2019-6.
(j) “Michigan
Compensation Appellate Commission” means the Commission created under section I
of Executive Order 2011-6, MCL 445.2032, as amended by Executive Order 2014-6,
MCL 333.26253.
(k) “Michigan
Economic Development Corporation” means the public body corporate created
pursuant to section 28 of article 7 of the Michigan Constitution of 1963 and
the Urban Cooperation Act of 1967, 1967 (Ex Sess) PA 7, as amended, MCL 124.501
to 124.512, between the Michigan Strategic Fund and local participating
economic development corporations formed under the Economic Development
Corporations Act, 1974 PA 338, as amended, MCL 125.1601 to 125.1636, dated
April 5, 1999, as amended and restated.
(l) “Michigan Office for New Americans” means the
office created within the Executive Office of the Governor by Executive Order
2014-2 and transferred to the Department of Licensing and Regulatory Affairs by
Executive Order 2014-12, MCL 125.1995.
(m) “Michigan
State Housing Development Authority” means the public body corporate and
politic created under section 21 of the State Housing Development Authority Act
of 1966, 1966 PA 346, as amended, MCL 125.1421.
(n) “Michigan
Strategic Fund” means the public body corporate and politic created within the
Department of Treasury under section 5 of 1984 PA 270, as amended, MCL
125.2005, and transferred to the Department of Talent and Economic Development
by Executive Order 2014-12, MCL 125.1995.
(o) “Michigan
Talent Investment Agency” means the agency created under section III of
Executive Order 2014-12, MCL 125.1995.
(p) “Office
of Global Michigan” means the former Michigan Office for New Americans renamed
as the Office of Global Michigan by section 7(i)(4) of this order.
(q) “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.
(r) “Superintendent
of Public Instruction” means the principal executive officer of the Department
of Education provided for by section 3 of article 8 of the Michigan
Constitution of 1963.
(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
I transfer” means that term as defined under section 3(a) of the Executive
Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103(a).
(u) “Type
II transfer” means that term as defined under section 3(b) of the Executive
Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103(b).
(v) “Type
III transfer” means that term as defined under section 3(c) of the Executive
Organization Act of 1965, 1965 PA 380, as amended, MCL 16.103(c).
(w) “Type
IV transfer” means a basic type transfer where all statutory authority, powers,
duties, functions, records, personnel, property, unexpended balances of
appropriations, allocations, and other funds, including the functions of
budgeting, procurement, personnel, and management-related functions are
retained by the transferred entity and the transferred entity remains an
autonomous entity, in the same manner as the former Michigan Employment
Security Commission was designated an autonomous entity within the former
Department of Labor under section 379 of the Executive Organization Act, 1965
PA 380, MCL 16.479, the Michigan Strategic Fund was transferred to the former
Michigan Department of Management and Budget under Executive Order 1999-1, MCL
408.40, and the Michigan Strategic Fund was transferred to the former
Department of Labor and Economic Growth under Executive Order 2003-18, MCL
445.2001.
11. Implementation
(a) Except
as otherwise provided in this order, the director of each applicable department
shall provide executive direction and supervision for the implementation of all
transfers to the director’s department under this order. The president of the
Michigan Strategic Fund shall provide executive direction and supervision for
the implementation of all transfers to the Michigan Strategic Fund under this
order.
(b) Except
as otherwise provided in this order, the authorities, powers, duties,
functions, and responsibilities transferred to a department under this order
will be administered under the direction and supervision of the director of
that department. The authorities, powers, duties, functions, and
responsibilities transferred to the Michigan Strategic Fund under this order
will be administered under the direction and supervision of the president of
the Michigan Strategic Fund.
(c) Any
records, personnel, property, and unexpended balances of appropriations,
allocations, and other money used, held, employed, available, or to be made
available to any entity for the authorities, powers, duties, functions, and
responsibilities are transferred to the entity under this order.
(d) Except as otherwise provided in this order, the
director of a department shall administer the authorities, powers, duties,
functions and responsibilities transferred to the department under this order
in such ways as to promote efficient administration and shall make internal
organizational changes as administratively necessary to complete the
realignment of responsibilities under this order. The president of the Michigan
Strategic Fund shall administer the authorities, powers, duties, functions, and
responsibilities transferred to the Michigan Strategic Fund under this order in
such ways as to promote efficient administration and shall 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 each director of a department receiving functions or responsibilities
under this order with implementation of functions or responsibilities under
this order. The director of a department receiving authorities, powers, duties,
functions, or 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. The president of the
Michigan Strategic Fund 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 an authority,
power, duty, 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
officer or entity affected by this order. A proceeding may be maintained by,
against, or before the successor of any officer or 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 August 11, 2019 at 12:01 a.m.
Given
under my hand and the great seal of the State of Michigan,
Date: June 6, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
The following message from the Governor
was received on June 7, 2019, and read:
EXECUTIVE ORDER
No. 2019-14
UP
Energy Task Force
Department
of Environment, Great Lakes, and Energy
The
residents of Michigan’s Upper Peninsula (“UP”) deserve an energy supply that is
affordable, secure, and environmentally sound. Today, however, they face
significant challenges in these respects. For several reasons, including the
region’s expansive geographic reach and low population density, the UP has struggled
with energy affordability and infrastructure development, and parts of the UP
have some of the highest electricity rates in the nation. These prices, coupled
with relatively high poverty rates in certain areas, have resulted in UP
residents paying a disproportionate amount of their monthly income on energy
costs.
Moreover,
about 25% of UP residents use propane to heat their homes. Most of these
residents rely on propane delivered through a single pipeline: Line 5, miles of
which run through the waters of the Great Lakes, posing an ever-present threat
to those waters and all who depend on them. Just this week a report by the
National Transportation Safety Board about last year’s anchor strike on Line 5
demonstrated that Michigan is one mistake away from a catastrophic oil spill in
the Great Lakes. While no established alternative system for distributing
propane exists now, with focused effort a system can be put in place.
The
strength of Michigan’s economy, and the health of its Great Lakes and residents,
would benefit from a close examination of how the UP’s energy needs can be best
met, with a focus on affordability, reliability, security, and environmental
soundness.
Section
1 of article 5 of the Michigan Constitution of 1963 vests the executive power
of the State of Michigan in the governor.
Section
8 of article 5 of the Michigan Constitution of 1963 obligates the governor to
take care that the laws be faithfully executed.
Acting
pursuant to the Michigan Constitution of 1963 and Michigan law, I order the
following:
1. Creation
of the UP Energy Task Force
(a) The
UP Energy Task Force (“Task Force”) is created as an advisory body within the
Department of Environment, Great Lakes, and Energy (“Department”).
(b) The
Task Force shall consist of at least 13 voting members appointed by the
governor, representing the range of expertise relevant to this issue, and all
of whom shall be residents of this state.
(c) A
vacancy on the Task Force shall be filled in the same manner as the original
appointment.
2. Charge
to the Task Force
(a) The
Task Force shall act in an advisory capacity to the governor and shall do the
following:
(1) Assess
the UP’s overall energy needs and how they are currently being met.
(2) Formulate
alternative solutions for meeting the UP’s energy needs, with a focus on
security, reliability, affordability, and environmental soundness. This shall
include, but is not limited to, alternative means to supply the energy sources
currently used by UP residents, and alternatives to those energy sources.
(3) Identify
and evaluate potential changes that could occur to energy supply and
distribution in the UP; the economic, environmental, and other impacts of such
changes; and the alternatives for meeting the UP’s energy needs in response to
such changes.
(4) Provide
other information or advice or take other actions as directed by the governor.
(b) The
Task Force shall prepare a final report and submit it to the governor. The Task
Force shall complete its final report in two stages. First, the Task Force
shall submit a propane plan to the governor by March 31, 2020. This plan shall
focus on alternative means to supply propane to the UP, consistent with section
2(a) of this order. Second, the Task Force shall submit the remainder of its report,
also consistent with section 2(a), by March 31, 2021.
3. Operations
of the Task Force
(a) The
Department shall assist the Task Force in the performance of its duties and
provide personnel to staff the Task Force. The Michigan Public Service Commission,
and other departments or agencies with relevant expertise, may also assist the
Task Force and provide personnel to staff the Task Force, in coordination with
the director of the Department. The budgeting, procurement, and related
management functions of the Task Force shall be performed under the direction
and supervision of the director of the Department.
(b) The
Task Force shall adopt procedures, consistent with this order and applicable
law, governing its organization and operations.
(c) The
Task Force shall comply with the Freedom of Information Act, 1976 PA 442, as
amended, MCL 15.231 to 15.246.
(d) The Task Force shall comply with the Open
Meetings Act, 1976 PA 267, as amended, MCL 15.261 to 15.275.
(e) The
governor shall designate the chairperson of the Task Force.
(f) The
Task Force may select from among its members a vice chairperson.
(g) The
Task Force may select from among its members a secretary. Task Force staff
shall assist the secretary with recordkeeping responsibilities.
(h) The
Task Force shall meet at the call of its chairperson and as otherwise provided
in the procedures adopted by the Task Force.
(i) A
majority of the members of the Task Force serving constitutes a quorum for the
transaction of the business of the Task Force. The Task Force must act by a
majority vote of its serving members.
(j) The
Task Force may establish advisory workgroups composed of individuals or
entities participating in Task Force activities or other members of the public
as deemed necessary by the Task Force to assist it in performing its duties and
responsibilities. The Task Force may adopt, reject, or modify any
recommendations proposed by an advisory workgroup.
(k) The
Task Force may, as appropriate, make inquiries, studies, and investigations,
hold hearings, and receive comments from the public. The Task Force 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.
(l) The Task Force 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 Task
Force 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.
(m) The
Task Force 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.
(n) Members
of the Task Force shall serve without compensation, but may receive
reimbursement for necessary travel and expenses consistent with applicable law,
rules, and procedures, and subject to available funding.
(o) Members
of the Task Force shall refer all legal, legislative, and media contacts to the
Department.
(p) Ninety
days after issuance of its final report, the Task Force shall dissolve.
4. Implementation
(a) All
departments, committees, commissioners, or officers of this state shall give to
the Task Force, or to its chairperson, any necessary assistance required by the
Task Force, or its chairperson, in the performance of the duties of the Task
Force 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 Task Force, consistent with applicable law.
(b) This
order is not intended to abate a proceeding commenced by, against, or before an
officer or entity affected by this order. A proceeding may be maintained by,
against, or before the successor of any officer or entity affected by this
order.
(c) 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.
(d) This
order is effective upon filing.
Given
under my hand and the great seal of the State of Michigan,
Date: June 7, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The
executive order was referred to the Committee on Government Operations.
The following
messages from the Governor were received and read:
June 7, 2019
I
respectfully submit to the Senate the following appointments to office pursuant
to Act 291 of 1972, MCL 287.603:
Michigan Beef Industry Commission
Mr.
David L. Neitzel of 5446 Christie Avenue, S.E., Kentwood, Michigan 49508,
county of Kent, succeeding Jerry Suter whose term has expired, appointed to
represent a member engaged in retail sales of beef for a term commencing June
7, 2019 and expiring May 31, 2022.
Ms.
Jill C. Sears of 6517 Reynolds Road, Horton, Michigan 49246, county of Jackson,
reappointed to represent members engaged in the feeding of cattle for beef
production for a term commencing June 7, 2019 and expiring May 31, 2022.
Mr.
Travis Schunk of 4855 E. Browns Road, Clare, Michigan 48617, county of Clare,
reappointed to represent a member who is an executive of a meat packing company
which purchases cattle and processes beef for a term commencing June 7, 2019
and expiring May 31, 2022.
June 7, 2019
I respectfully submit to the Senate the following
appointments to office pursuant to Executive Order 2014‑09, MCL 400.1081:
Commission on Community Action and
Economic Opportunity
Ms.
Joelle-Jude Fontaine of 2400 Coolidge Highway, Apt. 202, Troy, Michigan 48084,
county of Oakland, succeeding Jacob Maas whose term expires June 21, 2019,
appointed to represent the private sector for a term commencing June 22, 2019
and expiring June 21, 2022.
Honorable
Mykale L. Garrett of 18804 Lacrosse Avenue, Lathrup Village, Michigan 48076,
county of Oakland, succeeding Benjamin Geiger whose term expires June 21, 2019,
appointed to represent elected officials for a term commencing June 22, 2019
and expiring June 21, 2022.
Mr.
Miguel L. Rodriguez, Jr. of 4861 Fleetwood Lane, Jackson, Michigan 49201,
county of Jackson, succeeding Sonjalita Hulbert whose term expires June 21,
2019, appointed to represent community action agencies for a term commencing
June 22, 2019 and expiring June 21, 2022.
Ms.
Theresa M. Thompson of 13321 S. Mackinac Trail, Dafter, Michigan 49724, county
of Chippewa, succeeding Kortni Campbell whose term expires June 21, 2019,
appointed to represent low-income persons for a term commencing June 22, 2019
and expiring June 21, 2022.
June 7, 2019
I
respectfully submit to the Senate the following appointment to office pursuant
to Act 232 of 1965, MCL 290.657:
Michigan Corn Marketing Program
Committee
Mr.
Kory R. Brodbeck of 9457 Jordan Road, Woodland, Michigan 48897, county of
Barry, succeeding Craig McManus whose term has expired, appointed to represent
District 5 growers for a term commencing June 7, 2019 and expiring March 5,
2022.
June 7, 2019
I
respectfully submit to the Senate the following appointment to office pursuant
to Act 203 of 1965, MCL 28.603:
Michigan Commission on Law Enforcement
Standards
Sheriff
Gregory Zyburt of 815 Pine Street, Marquette, Michigan 49855, county of
Marquette, succeeding Sheriff Douglas Wright who has resigned, appointed to
represent the Michigan Sheriffs’ Association for a term commencing June 7, 2019
and expiring December 31, 2022.
June 7, 2019
I
respectfully submit to the Senate the following appointment to office pursuant
to Act 299 of 1980, MCL 339.302 and 339.2402:
Residential Builders’ and Maintenance
and Alteration Contractors’ Board
Mr.
William Doyle Goble of 49225 Judd Road, Belleville, Michigan 48111, county of
Wayne, succeeding Bradley Laackman whose term has expired, appointed to
represent the general public for a term commencing June 7, 2019 and expiring
March 31, 2023.
June 7, 2019
I respectfully
submit to the Senate the following appointment to office pursuant to Act 199 of
1962, MCL 408.323 and 408.324:
Ski Area Safety Board
Mr.
Thomas C. Wheat of 2528 Aberdeen Drive, Kalamazoo, Michigan 49008, county of
Kalamazoo, succeeding Steve Robinson whose term expires June 8, 2019, appointed
to represent a professional engineer with ski experience for a term commencing
June 9, 2019 and expiring June 8, 2023.
June 7, 2019
I
respectfully submit to the Senate the following appointments to office pursuant
to Act 416 of 2014, MCL 324.21524:
Michigan Underground Storage Tank
Authority Board of Directors
Mr.
Richard Bratschi of 4379 Zimmer Road, Williamston, Michigan 48895, county of
Ingham, succeeding John Dimmick whose term expired, appointed to represent
independent petroleum marketers for a term commencing June 7, 2019 and expiring
May 25, 2022.
Dr.
Grenetta Thomassey of 894 Bren Del Drive, Petoskey, Michigan 49770, county of
Emmet, reappointed to represent statewide environmental organizations for a
term commencing June 7, 2019 and expiring May 25, 2022.
Respectfully,
Gretchen
Whitmer
Governor
The
appointments were referred to the Committee on Advice and Consent.
The
following message from the Governor was received and read:
June 7, 2019
Due to
an error on the April 26, 2019 letter filed with your office pursuant to Act
523 of 1980, MCL 32.1067, please be advised of the following correction
appearing in bold:
Military Appeals Tribunal Chair
Ms. Deanne L.
Bonner Simpson of 9565 Marina Road, South Lyon, Michigan 48178, county of
Livingston, appointed for a term commencing
April 26, 2019 and expiring at the pleasure of the Governor.
Military Appeals Tribunal
Ms. Deanne L. Bonner Simpson of 9565 Marina
Road, South Lyon, Michigan 48178, county of Livingston, succeeding Bradley L.
Smith whose term has expired, appointed to represent persons licensed to
practice law in this state for a term commencing April 26, 2019 and expiring
April 16, 2023.
Captain
Terrence P. Bronson of 442 Borgess Avenue, Monroe, Michigan 48162, county of
Monroe, succeeding Robert C. Gardella whose term has expired, appointed to
represent persons licensed to practice law in this state for a term commencing
April 26, 2019 and expiring April 16, 2023.
Mr.
Kyle R. Dufrane of 1260 Pebble Pointe Drive, Rochester, Michigan 48037, county
of Oakland, reappointed to represent persons licensed to practice law in this
state for a term expiring April 16, 2023.
Respectfully,
Gretchen
Whitmer
Governor
The
message was referred to the Committee on Advice and Consent.
Senator Moss entered the Senate
Chamber.
Recess
Senator MacGregor moved that the
Senate recess subject to the call of the Chair.
The motion prevailed, the time
being 10:07 a.m.
The Senate was called to order by
the President pro tempore, Senator Nesbitt.
During the recess, Senators Hollier and
Ananich entered the Senate Chamber.
The following message from the Governor
was received on June 11, 2019, and read:
EXECUTIVE ORDER
No. 2019-15
2020
United States Census Complete Count Committee
Department
of Technology, Management and Budget
Section 2 of article 1 of the
United States Constitution requires the federal government to count the number
of people living in the United States and its territories every ten years.
Section 141 of Title 13 of the
Census Act, Public Law 83-740, 13 USC 141(a), provides that the next federal
census date will be April 1, 2020.
Census data are used by the
federal government to allocate more than $675 billion in federal funds to
states, counties, and communities each year, as well as to determine the number
of representatives each state will have in the United States House of
Representatives. Therefore, it is imperative that the census count in Michigan
be complete and accurate.
The creation of a statewide
Complete Count Committee in Michigan will heighten awareness of the 2020
Census, encourage the full participation of the residents of this state in the
counting process, and help to ensure that all Michigan residents, including
members of disadvantaged communities, receive appropriate representation in
government.
Section 1 of article 5 of the
Michigan Constitution of 1963 vests the executive power of the State of
Michigan in the governor.
Section 8 of article 5 of the
Michigan Constitution of 1963 obligates the governor to take care that the laws
be faithfully executed.
Acting pursuant to the Michigan
Constitution of 1963 and Michigan law, I order the following:
1. Creation of the 2020 United States Census
Complete Count Committee
(a) The 2020 United States Census Complete Count
Committee (“Committee”) is created as an advisory body within the Department of
Technology, Management and Budget (“Department”).
(b) The Committee shall consist of:
(1) The governor;
(2) The lieutenant governor; and
(3) At least 50 members appointed by the governor
representing various sectors and communities within this state and reflecting
the diverse geographic, economic, racial, cultural, gender, and occupational
composition of this state.
(c) The governor shall serve as the chairperson of
the Committee. The lieutenant governor shall serve as the vice-chairperson of
the Committee.
(d) The governor may appoint one or more
individuals to serve as honorary chairpersons of the Committee.
(e) The governor may also appoint as non-voting ex
officio members the directors of one or more principal departments and members
of Congress that represent congressional districts in Michigan.
2. Charge to the Committee
(a) The Committee shall act in an advisory capacity
to the governor and shall do the following:
(1) Provide public leadership to elevate and
reinforce the importance of the 2020 Census;
(2) Identify barriers that may impede the full
participation of Michigan residents in the 2020 Census, which shall include,
but not be limited to, identifying areas or groups within this state that are
isolated geographically, socioeconomically, linguistically, racially,
culturally, or otherwise may be difficult to count;
(3) Develop, recommend, and assist in the
administration of an outreach action plan designed to overcome these barriers
and to ensure as complete a count as possible of Michigan’s population in the
2020 Census;
(4) Develop, recommend, and assist in the distribution
of educational and promotional materials designed to heighten awareness of, and
encourage the full participation of Michigan residents in, the 2020 Census;
(5) Identify opportunities to coordinate its
efforts and resources with those of the various individuals and entities
working on the federal, state, and local levels to ensure as complete a count
as possible of Michigan’s population in the 2020 Census; and
(6) Provide other advice and take other action as
requested by the governor.
(b) The Committee shall complete its work and
submit a final report to the governor by October 1, 2020. This report shall
summarize the efforts of the Committee and its conclusions, and shall suggest
improvements for the Complete Count Committee for Census 2030. The Committee is
dissolved on November 1, 2020.
3. Operations of the Committee
(a) The Committee shall be staffed by personnel
from, and assisted by, the Department. Any budgeting, procurement, and related
management functions shall be performed under the direction and supervision of
the director of the Department.
(b) The Committee shall adopt procedures,
consistent with this order and applicable law, governing its organization and
operations. The governor may delegate her responsibilities as chairperson to a
committee member from section 1(b)(3) of this order.
(c) The Committee shall comply with the Freedom of
Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246.
(d) The Committee shall comply with the Open
Meetings Act, 1976 PA 267, as amended, MCL 15.261 to 15.275.
(e) The Committee shall meet at the call of its
chairperson and as otherwise provided in the procedures adopted by the
Committee. The Committee shall meet at least quarterly until March 1, 2020, and
as often thereafter as is required to complete its work.
(f) The Committee may establish advisory
workgroups, which may include committee members, representatives of state
departments or agencies, or members of the public as deemed necessary by the
Committee to assist the Committee in performing its duties and
responsibilities. The Committee may adopt, reject, or modify any
recommendations proposed by an advisory workgroup.
(g) The Committee may, as appropriate, coordinate
its efforts with those of the United States Census Bureau and other complete
count committees established at the local level.
(h) The Committee may, as appropriate, make
inquiries, perform studies and investigations, hold hearings, and receive
comments from the public. The Committee 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.
(i) The Committee 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
Committee and the performance of its duties as the director of the Department
deems advisable and necessary, consistent with this order and applicable law, rules,
and procedures, subject to available funding.
(j) The Committee 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.
(k) Members of the Committee shall serve without
compensation. Members of the Committee may receive reimbursement for necessary
travel and expenses consistent with applicable law, rules, and procedures,
subject to available funding.
(l) Members
of the Committee shall refer all legal, legislative, and media contacts to the
Department.
4. Implementation
(a) All departments, committees, commissioners, or
officers of this state shall give to the Committee, or to its chairperson, any
necessary assistance required by the Committee, or its chairperson, in the
performance of the duties of the Committee 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 Committee,
consistent with applicable law.
(b) This order is not intended to abate a
proceeding commenced by, against, or before an officer or entity affected by
this order. A proceeding may be maintained by, against, or before the successor
of any officer or entity affected by this order.
(c) If any portion of this order is found to be
unenforceable, the rest of the order remains in effect.
(d) This order is effective upon filing.
Given under my hand and the great
seal of the State of Michigan.
Date: June 11, 2019
Gretchen
Whitmer
[SEAL] Governor
By
the Governor:
Jocelyn
Benson
Secretary
of State
The executive order was referred
to the Committee on Government Operations.
Messages from the House
A bill to make, supplement, and
adjust appropriations for various state departments and agencies for the fiscal
year ending September 30, 2019; to provide for the expenditure of the appropriations;
and to repeal acts and parts of acts.
The House of Representatives has
substituted (H-1) the bill.
The House of Representatives has
passed the bill as substituted (H-1) and ordered that it be given immediate
effect.
Pending
the order that, under rule 3.202, the bill be laid over one day,
Senator
MacGregor moved that the rule be suspended.
The
motion prevailed, a majority of the members serving voting therefor.
The
question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving
voting therefor, as follows:
Roll Call No. 128 Yeas—35
Alexander Geiss MacDonald Santana
Ananich Hertel MacGregor Schmidt
Barrett Hollier McCann Shirkey
Bayer Horn McMorrow Stamas
Bizon Irwin Moss Theis
Brinks Johnson Nesbitt Victory
Bullock LaSata Outman Wojno
Bumstead Lauwers Polehanki Zorn
Daley Lucido Runestad
Nays—0
Excused—2
Chang VanderWall
Not
Voting—1
McBroom
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting
therefor.
The bill was referred to the Secretary
for enrollment printing and presentation to the Governor.
Pursuant to rule 1.306, Senator McBroom
submitted the following:
Office of Senator Ed McBroom
June 11, 2019
Pursuant to Senate Rule 1.306, I am
hereby disclosing a potential personal financial interest in Senate Bill 150.
Because my family farm may benefit financially from certain provisions in this
bill, and out of an abundance of caution, I will not vote on Senate Bill 150
pursuant to Senate Rule 1.306.
I ask that my comments be printed in
the Journal as my disclosure under Senate Rule 1.306.
Thank you.
Sincerely,
Ed
McBroom
State
Senator
38th
District
The motion prevailed.
Senator Barrett’s statement is as follows:
I just wanted to recognize the
work that was done on this bill between us here in the Senate as well as the
work done in the House.
There is an area of particular
importance in my district. There were some devastating tornados that came
through in Shiawassee County a couple of months ago. We’ve worked diligently to
get some restoration of local funds that were exhausted through that process.
The first responders in Shiawassee County throughout the entire disaster zone
area worked tirelessly to make sure that there were no fatalities and that
there were no serious injuries as a result of this tornado. There was a
tremendous amount of property damage that resulted though. These funds that are
within this bill will restore some of the local government funding that was
used that exhausted and depleted their local government budgets responding to
this disaster.
I want to
thank Representative Frederick for his work in the House of Representatives
working collaboratively to get these funds into this
bill and we’re happy that this relief will be granted to the people of
Shiawassee County who have suffered quite a bit through this damage.
Third Reading of Bills
Senator MacGregor moved that the Senate
proceed to consideration of the following bill:
House
Bill No. 4304
The motion prevailed.
The following bill was read a third
time:
House Bill No. 4304, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time
enforcement act,” by amending sections 2, 5a, and 26 (MCL 552.602,
552.605a, and 552.626), section 2 as amended by 2015 PA 256 and sections 5a and
26 as amended by 2002 PA 572.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No. 129 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting
therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An act to provide for and to supplement statutes that provide for the
provisions and enforcement of support, health care, and parenting time orders
with respect to divorce, separate maintenance, paternity, child custody and
support, and spousal support; to prescribe and authorize certain provisions of
those orders; to prescribe the powers and duties of the circuit court and
friend of the court; to prescribe certain duties of certain employers and other
sources of income; to provide for penalties and remedies; and to repeal acts
and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third
time:
House Bill No. 4305, entitled
A bill to amend 1982 PA 294, entitled “Friend of the court act,” by
amending sections 2, 2a, 17, and 19 (MCL 552.502, 552.502a, 552.517, and
552.519), section 2 as amended by 2015 PA 253 and sections 2a, 17, and 19 as
amended by 2009 PA 233.
The
question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor,
as follows:
Roll Call No. 130 Yeas—36
Alexander Geiss MacDonald Runestad
Ananich Hertel MacGregor Santana
Barrett Hollier McBroom Schmidt
Bayer Horn McCann Shirkey
Bizon Irwin McMorrow Stamas
Brinks Johnson Moss Theis
Bullock LaSata Nesbitt Victory
Bumstead Lauwers Outman Wojno
Daley Lucido Polehanki Zorn
Nays—0
Excused—2
Chang VanderWall
Not
Voting—0
In The
Chair: Nesbitt
The question being on concurring in the
committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting
therefor.
Pursuant
to Joint Rule 20, the full title of the act shall be inserted to read as
follows:
“An act to revise and consolidate the laws relating to the friend of the
court; to provide for the appointment or removal of the friend of the court; to
create the office of the friend of the court; to establish the rights, powers,
and duties of the friend of the court and the office of the friend of the
court; to establish a state friend of the court bureau and to provide the
powers and duties of the bureau; to prescribe powers and duties of the circuit
court and of certain state and local agencies and officers; to establish friend
of the court citizen advisory committees; to prescribe certain duties of
certain employers and former employers; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate
proceeded to the order of
General Orders
The motion prevailed, and the
President pro tempore, Senator Nesbitt, designated Senator Bizon as
Chairperson.
After some time spent therein,
the Committee arose; and the President pro tempore, Senator Nesbitt, having
resumed the Chair, the Committee reported back to the Senate, favorably and
without amendment, the following bills:
House Bill No. 4101, entitled
A bill to amend 2018 PA 57,
entitled “Recodified tax increment financing act,” by amending section 204 (MCL
125.4204).
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending sections 27 and 34d (MCL
211.27 and 211.34d), section 27 as amended by 2013 PA 162 and section 34d as
amended by 2014 PA 164.
A bill to amend 1893 PA 206,
entitled “The general property tax act,” by amending section 9i (MCL 211.9i),
as added by 2002 PA 549.
A bill to amend 1986 PA 32,
entitled “Emergency 9-1-1 service enabling act,” by amending section 413 (MCL
484.1413), as amended by 2008 PA 379; and to repeal acts and parts of acts.
A bill to amend 2001 PA 142,
entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding
section 1081.
The bills were placed on the order of
Third Reading of Bills.
House Bill No. 4367, entitled
A bill to allow library employees
or agents to carry and administer opioid antagonists in certain circumstances;
to provide access to opioid antagonists by certain libraries and library
employees or agents; and to limit the civil and criminal liability of certain
libraries and library employees or agents for the possession, distribution, and
use of opioid antagonists under certain circumstances.
Substitute (S-2)
The Senate agreed
to the substitute recommended by the Committee of the Whole, and the bill as
substituted was placed on the order of Third
Reading of Bills.
By unanimous consent the Senate
proceeded to the order of
Introduction and Referral of Bills
Senators McCann, Irwin, Brinks, Bullock,
Ananich, Wojno, Geiss and Polehanki introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 20101,
20114d, 20114e, 20120a, and 20120b (MCL 324.20101, 324.20114d, 324.20114e,
324.20120a, and 324.20120b), as amended by 2018 PA 581; and to repeal acts and
parts of acts.
The bill was read a first and second time by title and
referred to the Committee on Environmental Quality.
Senator McBroom introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 43504,
43523a, and 43523b (MCL 324.43504, 324.43523a, and 324.43523b), section 43504
as amended by 2004 PA 587, section 43523a as amended by 2018 PA 3, and section
43523b as added by 2013 PA 108.
The bill was read a first and second time by title and
referred to the Committee on Natural Resources.
Senator VanderWall introduced
A bill to amend 1994 PA 451, entitled “Natural
resources and environmental protection act,” by amending sections 43527a,
43528b, and 43532 (MCL 324.43527a, 324.43528b, and 324.43532), section 43527a
as added and section 43528b as amended by 2013 PA 108 and section 43532 as
amended by 2016 PA 463.
The bill was read a first and second time by title and
referred to the Committee on Natural Resources.
A bill to amend 1973 PA 116, entitled “An act to
provide for the protection of children through the licensing and regulation of
child care organizations; to provide for the establishment of standards of care
for child care organizations; to prescribe powers and duties of certain
departments of this state and adoption facilitators; to provide penalties; and
to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as
amended by 2017 PA 257.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Families, Seniors and Veterans.
A bill to amend 2008 PA 260, entitled “Guardianship
assistance act,” by amending section 4 (MCL 722.874), as amended by 2015 PA
227.
The House of Representatives has passed the bill and
ordered that it be given immediate effect.
The bill was read a first and second time by title and
referred to the Committee on Families, Seniors and Veterans.
Announcements of Printing and Enrollment
The
Secretary announced that the following House bills were received in the Senate
and filed on Thursday, June 6:
House
Bill Nos. 4549 4550
The
Secretary announced the enrollment printing and presentation to the Governor on
Monday, June 10, for her approval the following bill:
Enrolled
Senate Bill No. 239 at 3:05 p.m.
The
Secretary announced that the following bill and resolutions were printed and
filed on Thursday, June 6 and are available on the Michigan Legislature
website:
Senate
Resolution Nos. 57 58 59
House
Bill No. 4694
Committee Reports
The
Committee on Economic and Small Business Development reported
Senate Bill No. 306, entitled
A bill to amend 1961 PA 120,
entitled “An act to authorize the development or redevelopment of principal
shopping districts and business improvement districts; to permit the creation
of certain boards; to provide for the operation of principal shopping districts
and business improvement districts; to provide for the creation, operation, and
dissolution of business improvement zones; and to authorize the collection of
revenue and the bonding of certain local governmental units for the development
or redevelopment projects,” by amending sections 1 and 10 (MCL 125.981 and
125.990), section 1 as amended by 2003 PA 209 and section 10 as amended by 2018
PA 262.
With the recommendation that the
bill pass.
The committee further recommends
that the bill be given immediate effect.
Ken
Horn
Chairperson
To
Report Out:
Yeas: Senators Horn, VanderWall,
MacGregor, Lauwers, Schmidt, McMorrow, Geiss and Moss
Nays: Senator Theis
The bill was referred to the
Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic and
Small Business Development submitted the following:
Meeting held on Thursday, June 6, 2019,
at 12:00 noon, Room 1200, Binsfeld Office Building
Present: Senators Horn (C),
VanderWall, MacGregor, Theis, Lauwers, Schmidt, McMorrow, Geiss and Moss
The
Committee on Local Government reported
Senate Bill No. 322, entitled
A bill to amend 1851 PA 156,
entitled “An act to define the powers and duties of the county boards of
commissioners of the several counties, and to confer upon them certain local,
administrative and legislative powers; and to prescribe penalties for the
violation of the provisions of this act,” by amending section 11 (MCL 46.11),
as amended by 2016 PA 77.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends
that the bill be given immediate effect.
Dale
W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Daley,
Alexander and Moss
Nays: Senator Johnson
The bill and the substitute
recommended by the committee were referred to the Committee of the Whole.
The
Committee on Local Government reported
Senate Bill No. 323, 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 6 of chapter IV (MCL 224.6), as amended by 2015 PA 237.
With the recommendation that the
substitute (S-1) be adopted and that the bill then pass.
The committee further recommends
that the bill be given immediate effect.
Dale
W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Daley,
Alexander and Moss
Nays: Senator Johnson
The bill and the substitute recommended
by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government
submitted the following:
Meeting held on Thursday, June 6, 2019,
at 1:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Johnson,
Daley, Alexander and Moss
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy
and Human Services submitted the following:
Meeting held on Thursday, June 6, 2019,
at 1:00 p.m., Room 1100, Binsfeld Office Building
Present: Senators VanderWall (C),
Bizon, Johnson, LaSata, MacDonald, Theis, Brinks, Hertel and Santana
Excused: Senator Wojno
Scheduled
Meetings
Advice
and Consent - Wednesday, June 12, 3:00 p.m., Room 1100, Binsfeld Office
Building (517) 373‑5312
Appropriations - Wednesday,
June 12, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol
Building (517) 373-5307
Economic
and Small Business Development - Thursday, June 13, 12:00 noon,
Room 1200, Binsfeld Office Building (517) 373-5314
Health
Policy and Human Services - Thursday, June 13, 1:00 p.m., Room
1100, Binsfeld Office Building (517) 373-5323
Regulatory
Reform - Tuesday, June 25, 3:00 p.m., Room 1200, Binsfeld Office
Building (517) 373-5314
Senator
MacGregor moved that the Senate adjourn.
The
motion prevailed, the time being 11:38 a.m.
The
President pro tempore, Senator Nesbitt, declared the Senate adjourned until
Wednesday, June 12, 2019, at 10:00 a.m.
MARGARET O’BRIEN
Secretary of the Senate