No. 59

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.

 

Senator McMorrow moved that Senators Moss, Hollier and Ananich be temporarily excused from today’s session.

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.

 

11:06 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

 

 

Senate Bill No. 150, entitled

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

 

 

Senator Barrett asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

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

 

 

Senator MacGregor moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President 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).

Senate Bill No. 47, entitled

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.

 

 

Senate Bill No. 48, entitled

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.

 

 

House Bill No. 4249, entitled

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.

 

 

Senate Bill No. 280, entitled

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.

 

 

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

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

Senate Bill No. 365, entitled

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

Senate Bill No. 366, entitled

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

Senate Bill No. 367, entitled

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.

House Bill No. 4549, entitled

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.

 

 

House Bill No. 4550, entitled

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