STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
100th Legislature
REGULAR SESSION OF 2019
House Chamber, Lansing, Tuesday, June 11, 2019.
1:30 p.m.
The House was called to order by the Speaker.
The roll was called by
the Clerk of the House of Representatives, who announced that a quorum was
present.
Afendoulis—present Filler—present Kahle—present Reilly—present
Albert—present Frederick—present Kennedy—present Rendon—present
Alexander—present Garrett—present Koleszar—present Robinson—present
Allor—present Garza—present Kuppa—present Sabo—present
Anthony—present Gay-Dagnogo—present LaFave—present Schroeder—present
Bellino—present Glenn—present LaGrand—present Shannon—present
Berman—present Green—present Lasinski—present Sheppard—present
Bolden—present Greig—present Leutheuser—present Slagh—present
Bollin—present Griffin—present Liberati—present Sneller—present
Brann—present Guerra—present Lightner—present Sowerby—present
Brixie—present Haadsma—present Lilly—present Stone—present
Byrd—present Hall—present Love—present Tate—present
Calley—present Hammoud—present Lower—present VanSingel—present
Cambensy—present Hauck—present Maddock—present VanWoerkom—present
Camilleri—present Hernandez—present Manoogian—present Vaupel—present
Carter, B.—present Hertel—excused Marino—present Wakeman—present
Carter, T.—present Hoadley—present Markkanen—present Warren—present
Chatfield—present Hoitenga—present Meerman—present Webber—present
Cherry—present Hood—present Miller—present Wendzel—present
Chirkun—present Hope—present Mueller—present Wentworth—present
Clemente—present Hornberger—present Neeley—present Whiteford—present
Cole—present Howell—present O’Malley—present Whitsett—excused
Coleman—present Huizenga—present Pagan—present Wittenberg—present
Crawford—present Iden—present Paquette—present Witwer—present
Eisen—present Inman—excused Peterson—present Wozniak—present
Elder—present Johnson, C.—present Pohutsky—present Yancey—present
Ellison—present Johnson, S.—present Rabhi—present Yaroch—present
Farrington—present Jones—present
e/d/s = entered during session
“God of all people, although we address You
with different names, the truth behind them all is Who You are. You are
powerful in steadfast love. You level the ground with Your mercy. You open the
door and welcome all to Your banquet of life.
We have much for which we are grateful. Thank
You for creating us with bodies, minds and souls—not one like an another, yet
each one is beautiful and perfect. Thank You for human love and friendships,
good work to do, and the rhythms of our days and seasons. Thank You for this
one precious life we have to enjoy. May we never take it for granted.
As we do our best to follow in the footsteps
of Your goodness, we confess that more often than not, we get distracted and
lose our way. But You always seem to find us, and we pray return us to the path
which is true and honorable.
As we begin this meeting today, awaken us from
our waking sleep – from any negativity, cynicism, or complacency. Be our light,
our solid foundation, our clear vision, and our voice. Love us lavishly, so we
will love others. Shelter us, so we will be a shelter for the shattered and
vulnerable. Bless the time and talents You have given us to contribute to the
good of our communities, our state, our nation and Your world.
God, now grant that Your loving and wise
Spirit, may overflow in every human heart, so that which divides may crumble,
our suspicions may disappear, our hatreds may cease and we may be healed to
live in peace. We believe this is Your dream for us and for all people, and so
we promise to work this day and always for justice and peace, shanti, shalom,
salaam. In Your holy name, may it be so. Amen.”
______
Rep.
Rabhi moved that Reps. Hertel and Whitsett be excused from today’s session.
The
motion prevailed.
Rep.
Whiteford moved that Rep. Inman be excused from today’s session.
The
motion prevailed.
______
The
Speaker called the Speaker Pro Tempore to the Chair.
Motions
and Resolutions
Reps. Tate, Calley, Clemente, Crawford, Garza, Hope, Love, Sabo,
Sneller, Sowerby, Stone, Wittenberg and Witwer offered the following
resolution:
House Resolution No. 122.
A
resolution to declare June 12, 2019, as Women Veterans Recognition Day in the
state of Michigan.
Whereas,
Women have proudly served their country throughout all periods of the history
of the United States, whether disguised as male soldiers during the American
Revolution and Civil War, as nurses in World War I, or as combat helicopter
pilots in Afghanistan; and
Whereas,
Women have formally been a part of the United States Armed Forces since the
inception of the Army Nurse Corps in 1901, but have informally served since the
inception of our nation’s military; and
Whereas,
During the American Revolution, women served on the battlefield alongside the
men, mainly as nurses, water bearers, often called “Molly Pitchers,” cooks,
laundresses, and saboteurs. Despite Army regulations that only men could
enlist, women who wanted to join in the fighting circumvented the rules by
masquerading as young men or boys; and
Whereas,
In 1917, the Navy announced it would open enlistment to women. About 12,000
female yeomen entered the Navy and filled a variety of jobs, including
draftsmen, interpreters, couriers, and translators; and
Whereas,
Three hundred seven women enlisted in the Marine Corps during World War I. Like
their sisters in the Navy, they were limited to the enlisted ranks and worked
mainly in Washington, D.C., doing various administrative jobs. Women’s service
contributions in World War I showed that they either had, or could quickly learn,
nontraditional skills needed by the military; and
Whereas,
Following Pearl Harbor, Congress authorized new women’s components for each of
the services and increased the number of active duty positions in the Army and
Navy Nurse Corps. In May 1942, the Army was given the authority to establish
the Women’s Army Auxiliary Corps, also known as the WAACs. The Navy, Coast
Guard, and Marine Corps followed suit, but rather than making women an
auxiliary component, they opted to enroll them in the reserves on the same
basis as their male counterparts, while the Army Air Forces enlisted nearly
1,100 female civilian volunteers who earned their silver wings as Women
Airforce Service Pilots (WASP); and
Whereas,
At the end of World War II in 1945, of the approximately 12 million people
remaining in the Armed Forces, about 280,000 were women; and
Whereas,
With the passage of the Women’s Armed Services Integration Act of 1948, women
became a permanent part of the United States military, but women continued to
be restricted to 2 percent of the military population. That restriction was
finally lifted in 1967 with the amendment of the Women’s Armed Services
Integration Act, which also opened senior officer ranks to women; and
Whereas,
The early 1990s were a historic time for women in the military with over 40,000
women deploying in support of the Persian Gulf War, making women service
members more visible in the eyes of the public. In addition, the Defense
Authorization Act in 1992 repealed combat exclusion laws that had prevented
women from flying combat aircrafts; and
Whereas,
Women who have served in the United States military are often referred to as “invisible
veterans” because their service contributions, until the 1970s, went largely
unrecognized by politicians, the media, academia, and the general public; and
Whereas,
Even though women have been officially serving in the military since the
creation of the Army Nurse Corps in 1901, they have not always been considered
qualified for veteran status for the purpose of receiving benefits from the
Department of Veterans Affairs. Even after women were granted veteran status,
issues of access, exclusion, and improper management of their health care still
remained; and
Whereas,
It was not until well after World War II that women who served in the military
began to officially be recognized as veterans; and
Whereas,
In the late 1970s and early 1980s, many of the contributions made by women in
World War II were formally recognized through laws that granted these women
with veteran status for their time in service. This opened the doors for women
to take advantage of programs, opportunities, and benefits from the federal and
state governments, the Department of Veterans Affairs, and other veteran
service organizations; and
Whereas,
The 1980 decennial census marked the first time that information on women
veterans was ever captured in a large national survey. At the time of the 1980
decennial census, women made up just over 2 percent of the veteran
population. Today, that proportion has increased to almost 8 percent; and
Whereas,
Over the past 20 years, the Veterans Health Administration (VHA) has introduced
initiatives designed to improve health care access and quality of care for
women veterans; and
Whereas,
In 2008, VHA’s Women Veterans Health Strategic Health Care Group began a
five-year plan to redesign the nation’s health care delivery system for women.
A fundamental component of this plan was to ensure that all women veterans had
access to comprehensive primary care from skilled women’s health providers; and
Whereas,
There are currently over 2 million women veterans living in the United States
and Puerto Rico. Of this number, nearly 44,000 make Michigan their home; now,
therefore, be it
Resolved
by the House of Representatives, That the members of this legislative body
declare June 12, 2019, as Women Veterans Recognition Day in the state of
Michigan. We urge all Michiganders to honor women veterans on this momentous
occasion.
The question being on the adoption of the resolution,
The resolution was adopted.
Third
Reading of Bills
Senate Bill No. 112, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,”
by amending section 2918 (MCL 600.2918), as amended by 2014 PA 223.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 111 Yeas—107
Afendoulis Farrington Kahle Reilly
Albert Filler Kennedy Rendon
Alexander Frederick Koleszar Robinson
Allor Garrett Kuppa Sabo
Anthony Garza LaFave Schroeder
Bellino Gay-Dagnogo LaGrand Shannon
Berman Glenn Lasinski Sheppard
Bolden Green Leutheuser Slagh
Bollin Greig Liberati Sneller
Brann Griffin Lightner Sowerby
Brixie Guerra Lilly Stone
Byrd Haadsma Love Tate
Calley Hall Lower VanSingel
Cambensy Hammoud Maddock VanWoerkom
Camilleri Hauck Manoogian Vaupel
Carter, B. Hernandez Marino Wakeman
Carter, T. Hoadley Markkanen Warren
Chatfield Hoitenga Meerman Webber
Cherry Hood Miller Wendzel
Chirkun Hope Mueller Wentworth
Clemente Hornberger Neeley Whiteford
Cole Howell O’Malley Wittenberg
Coleman Huizenga Pagan Witwer
Crawford Iden Paquette Wozniak
Eisen Johnson,
C. Peterson Yancey
Elder Johnson,
S. Pohutsky Yaroch
Ellison Jones Rabhi
Nays—0
In The Chair: Wentworth
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 statutes relating to the organization and
jurisdiction of the courts of this state; the powers and duties of the courts,
and of the judges and other officers of the courts; the forms and attributes of
civil claims and actions; the time within which civil actions and proceedings may
be brought in the courts; pleading, evidence, practice, and procedure in civil
and criminal actions and proceedings in the courts; to provide for the powers
and duties of certain state governmental officers and entities; to provide
remedies and penalties for the violation of certain provisions of this act; to
repeal all acts and parts of acts inconsistent with or contravening any of the
provisions of this act; and to repeal acts and parts of acts,”
The
House agreed to the full title.
Rep.
Cole moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second
Reading of Bills
A bill
to make appropriations for the department of agriculture and rural development
for the fiscal year ending September 30, 2020; and to provide for the
expenditure of the appropriations.
Was
read a second time, and the question being on the adoption of the proposed
substitute (H-3) previously recommended by the Committee on Appropriations,
The
substitute (H-3) was adopted, a majority of the members serving voting
therefor.
Rep. Brixie moved to amend the bill as follows:
1. Amend
page 3, line 19, by striking out “$589,500” and inserting “$596,700”.
2. Amend
page 3, line 22, by striking out all of line 22 and inserting:
“Emergency management--5.0 FTE
positions ................................................................
1,301,300”.
3. Amend
page 3, line 23, by striking out “$2,932,300” and inserting “$2,958,700”.
4. Amend
page 4, line 12, by striking out “$1,407,300” and inserting “$1,812,800”.
5. Amend
page 4, line 27, by striking out “$16,690,100” and inserting “$16,824,500”.
6. Amend
page 5, line 1, by striking out “$5,460,300” and inserting “$5,510,700”.
7. Amend
page 5, line 16, by striking out “$9,379,700” and inserting “$9,465,100”.
8. Amend
page 6, line 5, by striking out “$14,238,900” and inserting “$14,512,100”.
9. Amend
page 6, line 26, by striking out “$10,309,700” and inserting “$10,344,700”.
10. Amend page 7, line 1, by striking out “$1,552,600” and inserting “$1,566,600”.
11. Amend page 7, line 2, by striking out “$813,600” and inserting “$822,000”.
12. Amend page 7, line 3, by striking out “$1,286,000” and inserting “$1,298,600”.
13. Amend page 7, line 4, by striking out “$2,668,500” and inserting “$2,681,100”.
14. Amend page 7, line 5, by striking out “$965,600” and inserting “$974,700”.
15. Amend page 7, line 24, by striking out “$1,336,600” and inserting “$1,355,600”.
16. Amend page 7, line 25, by striking out “$6,811,300” and inserting “$6,868,300”.
17. Amend page 7, line 26, by striking out “$7,169,900” and inserting “$7,226,900”.
18. Amend page 8, line 24, by striking out “$4,305,700” and inserting “$4,323,900”
and adjusting the subtotals, totals, and section 201 accordingly.
Rep.
VanWoerkom moved that the bill be placed on the order of Third Reading of
Bills.
The
motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The
motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
House Bill No. 4229, entitled
A bill to make appropriations for the department of agriculture and
rural development for the fiscal year ending September 30, 2020; and to provide
for the expenditure of the appropriations.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 112 Yeas—58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O’Malley Whiteford
Eisen Johnson,
S. Paquette Wozniak
Farrington Kahle Reilly Yaroch
Filler Kennedy
Nays—49
Anthony Ellison Jones Rabhi
Bolden Garrett Koleszar Robinson
Brixie Garza Kuppa Sabo
Byrd Gay-Dagnogo LaGrand Shannon
Cambensy Greig Lasinski Sneller
Camilleri Guerra Liberati Sowerby
Carter, B. Haadsma Love Stone
Carter, T. Hammoud Manoogian Tate
Cherry Hoadley Neeley Warren
Chirkun Hood Pagan Wittenberg
Clemente Hope Peterson Witwer
Coleman Johnson,
C. Pohutsky Yancey
Elder
In The Chair: Wentworth
The
House agreed to the title of the bill.
Second
Reading of Bills
A bill
to make appropriations for the judiciary for the fiscal year ending September
30, 2020; and to provide for the expenditure of the appropriations.
Was
read a second time, and the question being on the adoption of the proposed
substitute (H-3) previously recommended by the Committee on Appropriations,
The
substitute (H-3) was adopted, a majority of the members serving voting
therefor.
Rep. Kennedy moved to amend the bill as follows:
1. Amend
page 2, line 12, by striking out “3,271,600” and inserting “3,276,700”.
2. Amend
page 2, line 14, by striking out “6,505,300” and inserting “6,579,500”.
3. Amend
page 2, line 16, by striking out “1,325,600” and inserting “1,342,500”.
4. Amend
page 2, line 17, by striking out “4,298,600” and inserting “4,818,000”.
5. Amend
page 2, line 18, by striking out “1,854,600” and inserting “1,876,500”.
6. Amend
page 2, line 20, by striking out “5,466,800” and inserting “5,468,500”.
7. Amend
page 2, line 23, by striking out “11,466,600” and inserting “11,574,500”.
8. Amend
page 2, line 24, by striking out “14,224,100” and inserting “14,379,200”.
9. Amend
page 3, line 15, by striking out “6,505,300” and inserting “6,579,500”.
10. Amend page 4, line 2, by striking out “24,835,200” and inserting “25,130,300”.
11. Amend page 4, line 8, by striking out “8,952,400” and inserting “8,959,100”.
12. Amend page 5, line 7, by striking out “1,264,200” and inserting “1,276,000”.
13. Amend page 5, line 13, by striking out “8,227,900” and inserting
8,332,400”.
14. Amend page 6, line 8, by striking out “6,602,900” and inserting “6,604,600”.
15. Amend page 6, line 9, by striking out “10,191,600” and inserting “10,200,000”.
16. Amend page 6, line 16, by
striking out “10,191,600” and inserting “10,200,000”.
17. Amend page 6, line 18, by striking out “6,602,900” and inserting “6,604,600”
and adjusting the subtotals, totals, and section 201 accordingly.
Rep.
Brann moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The
motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
House Bill No. 4238, entitled
A bill to make appropriations for the judiciary for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 113 Yeas—58
Afendoulis Frederick Leutheuser Schroeder
Albert Glenn Lightner Sheppard
Alexander Green Lilly Slagh
Allor Griffin Lower Sowerby
Bellino Hall Maddock VanSingel
Berman Hauck Marino VanWoerkom
Bollin Hernandez Markkanen Vaupel
Brann Hoitenga Meerman Wakeman
Calley Hornberger Miller Webber
Chatfield Howell Mueller Wendzel
Cole Huizenga O’Malley Wentworth
Crawford Iden Paquette Whiteford
Eisen Johnson,
S. Reilly Wozniak
Farrington Kahle Rendon Yaroch
Filler LaFave
Nays—49
Anthony Ellison Jones Pohutsky
Bolden Garrett Kennedy Rabhi
Brixie Garza Koleszar Robinson
Byrd Gay-Dagnogo Kuppa Sabo
Cambensy Greig LaGrand Shannon
Camilleri Guerra Lasinski Sneller
Carter, B. Haadsma Liberati Stone
Carter, T. Hammoud Love Tate
Cherry Hoadley Manoogian Warren
Chirkun Hood Neeley Wittenberg
Clemente Hope Pagan Witwer
Coleman Johnson,
C. Peterson Yancey
Elder
In The Chair: Wentworth
The
House agreed to the title of the bill.
Second
Reading of Bills
A bill
to make appropriations for the department of military and veterans affairs for
the fiscal year ending September 30, 2020; and to provide for the expenditure
of the appropriations.
The
bill was read a second time.
Rep. Hernandez moved to substitute (H-1) the bill.
Rep.
Hernandez moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The
motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
House Bill No. 4616, entitled
A bill to make appropriations for the department of military and
veterans affairs for the fiscal year ending September 30, 2020; and to provide
for the expenditure of the appropriations.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 114 Yeas—58
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hood Meerman Webber
Chatfield Hornberger Miller Wendzel
Cole Howell Mueller Wentworth
Crawford Huizenga O’Malley Whiteford
Eisen Iden Paquette Wozniak
Farrington Johnson,
S. Reilly Yaroch
Filler Kahle
Nays—49
Anthony Ellison Kennedy Rabhi
Bolden Garrett Koleszar Robinson
Brixie Garza Kuppa Sabo
Byrd Gay-Dagnogo LaGrand Shannon
Cambensy Greig Lasinski Sneller
Camilleri Guerra Liberati Sowerby
Carter, B. Haadsma Love Stone
Carter, T. Hammoud Manoogian Tate
Cherry Hoadley Neeley Warren
Chirkun Hope Pagan Wittenberg
Clemente Johnson,
C. Peterson Witwer
Coleman Jones Pohutsky Yancey
Elder
In The Chair: Wentworth
The
House agreed to the title of the bill.
Second
Reading of Bills
A bill
to make appropriations for the department of state police for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
Was read
a second time, and the question being on the adoption of the proposed
substitute (H-2) previously recommended by the Committee on Appropriations,
The
substitute (H-2) was adopted, a majority of the members serving voting
therefor.
Rep. Love moved to amend the bill as follows:
1. Amend page 21, following line 11, by inserting:
“Sec.
227. (1) The department shall work to increase the diversity of its ranks, with
a focus on recruitment activities and public outreach.
(2) By September 30, 2020, the department
shall submit a report to the subcommittees and the senate and house fiscal
agencies detailing activities that the department conducted in fiscal year
2019-2020 to recruit individuals that will enhance the department’s diversity.”.
Rep. Tate moved to amend the bill as follows:
1. Amend
page 2, line 24, by striking out “38,457,000” and inserting “38,540,700”.
2. Amend
page 2, line 26, by striking out “53,865,100” and inserting “53,948,800”.
3. Amend
page 4, line 19, by striking out “49,922,300” and inserting “50,006,000”.
4. Amend
page 7, line 7, by striking out “2,289.0” and inserting “2,314.0”.
5. Amend
page 7, line 9, by striking out “2,088.5” and inserting “2,113.5”.
6. Amend
page 7, line 9, by striking out “326,286,600” and inserting “328,147,800”.
7. Amend
page 7, line 11, by striking out “367,342,400” and inserting “369,203,600”.
8. Amend
page 8, line 13, by striking out “301,157,100” and inserting “303,018,300”.
9. Amend
page 10, line 2, by striking out “21,329,500” and inserting “21,338,200”.
10. Amend page 10, line 3, by striking out “21,329,500” and inserting “21,338,200”.
11. Amend page 11, line 15, by striking out “10,458,700” and inserting “10,467,400”.
12. Amend page 11, line 20, by striking out “2,368,800” and inserting “4,737,600”.
13. Amend page 11, line 21, by striking out “3,735,500” and inserting “6,104,300”.
14. Amend page 11, line 23, by striking out “3,735,500” and inserting “6,104,300”
and adjusting the subtotals, totals, and section 201 accordingly.
Rep.
Hernandez moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The
motion prevailed, a majority of the members serving voting therefor.
By unanimous
consent the House returned to the order of
Third
Reading of Bills
House Bill No. 4615, entitled
A bill to make appropriations for the department of state police for the
fiscal year ending September 30, 2020; and to provide for the expenditure of
the appropriations.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 115 Yeas—57
Afendoulis Frederick LaFave Rendon
Albert Glenn Leutheuser Schroeder
Alexander Green Lightner Sheppard
Allor Griffin Lilly Slagh
Bellino Hall Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O’Malley Whiteford
Eisen Johnson,
S. Paquette Wozniak
Farrington Kahle Reilly Yaroch
Filler
Nays—50
Anthony Ellison Kennedy Rabhi
Bolden Garrett Koleszar Robinson
Brixie Garza Kuppa Sabo
Byrd Gay-Dagnogo LaGrand Shannon
Cambensy Greig Lasinski Sneller
Camilleri Guerra Liberati Sowerby
Carter, B. Haadsma Love Stone
Carter, T. Hammoud Manoogian Tate
Cherry Hoadley Neeley Warren
Chirkun Hood Pagan Wittenberg
Clemente Hope Peterson Witwer
Coleman Johnson,
C. Pohutsky Yancey
Elder Jones
In The Chair: Wentworth
The
House agreed to the title of the bill.
Second
Reading of Bills
A bill
to make appropriations for the department of corrections for the fiscal year
ending September 30, 2020; and to provide for the expenditure of the
appropriations.
Was
read a second time, and the question being on the adoption of the proposed
substitute (H-3) previously recommended by the Committee on Appropriations,
The
substitute (H-3) was adopted, a majority of the members serving voting
therefor.
Rep. Markkanen moved to amend the bill as follows:
1. Amend
page 20, line 20, after “enhancements,” by striking out “Ojibway Correctional
Facility closure costs and site maintenance,”.
2. Amend page 21, line 9, after “(g)”
by striking out the balance of the subsection and inserting “$250,000.00 for
retrofitting parts or all of the former Ojibway Correctional Facility to be
used as a training academy for corrections officers.”.
3. Amend page 22, line 2, after “(vii)” by striking out the balance of the
subparagraph and inserting “To provide a new training academy for corrections
officers.”.
4. Amend page 22, line 7, by
striking out “$14,460,500.00” and inserting “$14,610,500.00”.
5. Amend page 22, line 9, after “(1)”
by striking out the balance of the section and inserting “From the repurposed
work project appropriation of $250,000.00 for retrofitting parts or all of the
former Ojibway Correctional Facility, funding shall be used by the department
to retrofit parts or all of the former Ojibway Correctional Facility to be used
as a training academy for corrections officers. The new training academy must
have classrooms, administrative offices, a gymnasium, a cafeteria, lodging
facilities, an outdoor training area, and a firearm range.
(2) If costs of retrofitting parts or all of the former Ojibway
Correctional Facility exceed $250,000.00, the department shall notify the
senate and house appropriations committees, the senate and house of
representatives appropriations subcommittees on corrections, the senate and
house fiscal agencies, and the state budget office of the amount of funding
needed to complete the retrofitting project. It is the intent of the
legislature that the department utilize an amount of unexpended and
unencumbered work project account balances sufficient to cover the costs of
completing the retrofitting project.”.
Rep. Albert moved to amend the bill as follows:
1. Amend
page 36, following line 12, by inserting:
“Sec.
413. (1) From the funds appropriated in part 1 for public safety initiative,
the county sheriff of the county receiving the funding under part 1 shall
report a detailed listing of expenditures made for the prior three fiscal
years. The report must be submitted by February 1 to the senate and house of
representatives appropriations subcommittees on corrections, the senate and
house fiscal agencies, the legislative corrections ombudsman, and the state
budget office and must include the purpose for which the expenditures were
made, the amounts of expenditures by purpose, specific services that were
provided, and number of individuals served.
(2) If requested by the senate and
house of representatives appropriations subcommittees on corrections, the
county sheriff of the county receiving the funding under part 1 shall appear
before the subcommittees to discuss the expenditure report required under
subsection (1). The subcommittees will work with the county sheriff to
determine when the meeting will occur.”.
Rep. Mueller moved to amend the bill as follows:
1. Amend
page 3, following line 26, by inserting:
“Public safety initiative...................................................................................... 4,000,000”
and adjusting the subtotals, totals, and section 201 accordingly.
Rep. Markkanen moved to amend the bill as follows:
1. Amend
page 22, line 14, after “minimum” by striking out “3” and inserting “4”.
2. Amend
page 22, line 14, after “and” by striking out “1 location” and inserting “2
locations”.
3. Amend
page 22, line 15, after “Facility” by inserting “and the former Ojibway
Correctional Facility”.
Rep. Hoadley moved to amend the bill as follows:
1. Amend
page 45, following line 5, by inserting:
“Sec. 602. (1) From the funds
appropriated in part 1 to field operations, the department shall conduct or
contract for a study of parole and probation agent workloads. The study must
analyze parole and probation agent workloads, caseloads, and responsibilities
and provide recommendations for changes to workload computations and
offender-to-agent workloads or caseload ratios.
(2) By April 1, the department shall report to the senate and house
appropriations subcommittees on corrections, the senate and house fiscal
agencies, the legislative corrections ombudsman, and the state budget office on
the progress of the study, including a status of study timelines, objectives,
and methodologies.”.
Rep. Anthony moved to amend the bill as follows:
1. Amend page 28, following line
11, by inserting:
“(3) It is the intent of the
legislature that the department resume staff line-ups, which require
corrections officers to report not less than 6 minutes before start time for a
shift so that custody supervisors can share relevant information about the
preceding shift, including security, safety, drug, or violence issues, and can
evaluate the mental, emotional, and physical fitness of corrections officers
reporting to assume duties of the shift.” and renumbering the remaining
subsection.
Rep. Love moved to amend the bill as follows:
1. Amend
page 3, following line 22, by inserting:
“Goodwill Flip the Script................................................................................... 1,500,000”
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend
page 45, following line 4, by inserting:
“Sec. 437. (1) Funds
appropriated in part 1 for Goodwill Flip the Script shall be distributed to a
Michigan-chartered 501(c)(3) nonprofit corporation operating in a county with
greater than 1,500,000 people for administration and expansion of a program
which serves a population of persons aged 16 to 39. The program shall target
those who are entering the criminal justice system for the first or second time
and shall assist those individuals through the following program types:
(a) Alternative sentencing programs in partnership with a local district
or circuit court.
(b) Educational recovery for
special adult populations with high rates of illiteracy.
(c) Career development and
continuing education for women.
(2) The program selected shall
report by March 30 to the department, the senate and house appropriations
subcommittees on corrections, the senate and house fiscal agencies, the
legislative corrections ombudsman, and the state budget office. The report
shall include program performance measurements, the number of individuals
diverted from incarceration, the number of individuals served, and outcomes of
participants who complete the program.”.
Rep.
Albert moved that the bill be placed on the order of Third Reading of Bills.
The
motion prevailed.
Rep.
Cole moved that the bill be placed on its immediate passage.
The
motion prevailed, a majority of the members serving voting therefor.
By
unanimous consent the House returned to the order of
Third
Reading of Bills
House Bill No. 4231, entitled
A bill to make appropriations for the department of corrections for the
fiscal year ending September 30, 2020; and to provide for the expenditure of
the appropriations.
Was read a third time and passed, a majority
of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 116 Yeas—56
Afendoulis Filler LaFave Rendon
Albert Frederick Leutheuser Schroeder
Alexander Glenn Lightner Sheppard
Allor Green Lilly Slagh
Bellino Griffin Lower VanSingel
Berman Hauck Maddock VanWoerkom
Bollin Hernandez Marino Vaupel
Brann Hoitenga Markkanen Wakeman
Calley Hornberger Meerman Webber
Chatfield Howell Miller Wendzel
Cole Huizenga Mueller Wentworth
Crawford Iden O’Malley Whiteford
Eisen Johnson,
S. Paquette Wozniak
Farrington Kahle Reilly Yaroch
Nays—51
Anthony Ellison Jones Rabhi
Bolden Garrett Kennedy Robinson
Brixie Garza Koleszar Sabo
Byrd Gay-Dagnogo Kuppa Shannon
Cambensy Greig LaGrand Sneller
Camilleri Guerra Lasinski Sowerby
Carter, B. Haadsma Liberati Stone
Carter, T. Hall Love Tate
Cherry Hammoud Manoogian Warren
Chirkun Hoadley Neeley Wittenberg
Clemente Hood Pagan Witwer
Coleman Hope Peterson Yancey
Elder Johnson,
C. Pohutsky
In The Chair: Wentworth
The
House agreed to the title of the bill.
House
Bill No. 4240, entitled
A bill
to make appropriations for the department of military and veterans affairs for
the fiscal year ending September 30, 2020; and to provide for the expenditure
of the appropriations.
Rep.
Cole moved that the bill be re-referred to the Committee on Appropriations.
The
motion prevailed.
______
Rep. Cole moved that House Committees be given leave to meet during the
balance of today’s session.
The motion prevailed.
By
unanimous consent the House returned to the order of
Announcement
by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been reproduced and made
available electronically on Thursday, June 6:
House Bill No. 4694
The Clerk announced that the following bills
had been reproduced and made available electronically on Tuesday, June 11:
Senate Bill Nos. 365 366 367
Messages from the Senate
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 Senate has passed the bill, ordered that it be given immediate
effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and
presentation to the Governor.
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 Senate has passed the bill, ordered that it be given immediate
effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and
presentation to the Governor.
By
unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Transportation, by Rep. O’Malley, Chair, referred
House Bill No. 4570, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,”
by amending section 32 (MCL 250.1032).
to the Committee on Ways and Means.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon
Nays: None
The bill was referred to the Committee on Ways and Means.
The Committee on Transportation, by Rep. O’Malley, Chair, referred
House Bill No. 4572, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,”
(MCL 250.1001 to 250.2081) by adding section 1091.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon
Nays: None
The bill and substitute were referred to the Committee on Ways and
Means.
The Committee on Transportation, by Rep. O’Malley, Chair, referred
House Bill No. 4611, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,”
(MCL 250.1001 to 250.2081) by adding section 1089.
to the Committee on Ways and Means.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon
Nays: None
The bill was referred to the Committee on Ways and Means.
The Committee on Transportation, by Rep. O’Malley, Chair, referred
Senate Bill No. 169, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,”
(MCL 250.1001 to 250.2080) by adding section 1084.
to the Committee on Ways and Means.
Favorable Roll Call
To Refer:
Yeas: Reps. O’Malley, Eisen, Cole, Sheppard, Alexander, Bellino, Howell,
Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon
Nays: None
The bill was referred to the Committee on Ways and Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. O’Malley, Chair, of the
Committee on Transportation, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. O’Malley, Eisen, Cole, Sheppard,
Alexander, Bellino, Howell, Afendoulis, Sneller, Clemente, Yancey, Haadsma and Shannon
The
Committee on Regulatory Reform, by Rep. Webber, Chair, referred
House Bill No. 4548, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single
state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13h.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga,
Filler, Hall, Wendzel, Chirkun, Cambensy, Jones and Garza
Nays: None
The bill and substitute were referred to the Committee on Ways and
Means.
The Committee on Regulatory Reform, by Rep. Webber, Chair, referred
Senate Bill No. 294, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single
state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13h.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Webber, Berman, Crawford, Farrington, Frederick, Hoitenga,
Filler, Hall, Wendzel, Chirkun, Cambensy, Jones and Garza
Nays: Rep. Liberati
The bill and substitute were referred to the Committee on Ways and
Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Webber, Chair, of the Committee
on Regulatory Reform, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. Webber, Berman, Crawford, Farrington, Frederick,
Hoitenga, Filler, Hall, Wendzel, Chirkun, Liberati, Cambensy, Jones, Garza and
Robinson
The Committee on Natural Resources and Outdoor Recreation, by Rep.
Howell, Chair, referred
House Bill No. 4389, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and
environmental protection act,” (MCL 324.101 to 324.90106) by amending the
heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, and
14707.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Howell, Wakeman, Calley, Rendon, Eisen, Sowerby, Cambensy
and Pohutsky
Nays: Rep. Reilly
The bill and substitute were referred to the Committee on Ways and
Means.
The Committee on Natural Resources and Outdoor Recreation, by Rep.
Howell, Chair, referred
House Bill No. 4390, entitled
A bill to amend 1966 PA 291, entitled “Firefighters training council act,”
by amending sections 2 and 9 (MCL 29.362 and 29.369), as amended by 2017 PA
144, and by adding section 9c.
to the Committee on Ways and Means with the recommendation that the
substitute (H-1) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Howell, Wakeman, Calley, Rendon, Eisen, Sowerby, Cambensy
and Pohutsky
Nays: Rep. Reilly
The bill and substitute were referred to the Committee on Ways and
Means.
The Committee on Natural Resources and Outdoor Recreation, by Rep.
Howell, Chair, referred
House Bill No. 4391, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and
health act,” by amending section 14 (MCL 408.1014), as amended by 2012 PA
415, and by adding section 14r.
to the Committee on Ways and Means with the recommendation that the
substitute (H-2) be adopted.
Favorable Roll Call
To Refer:
Yeas: Reps. Howell, Wakeman, Calley, Eisen, Sowerby, Cambensy and
Pohutsky
Nays: Reps. Reilly and Rendon
The bill and substitute were referred to the Committee on Ways and
Means.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Chair, of the Committee
on Natural Resources and Outdoor Recreation, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. Howell, Wakeman, Calley, Reilly, Rendon, Eisen, Sowerby,
Cambensy and Pohutsky
The Committee on Government Operations, by Rep. Sheppard, Chair,
reported
House Bill No. 4694, entitled
A bill to amend 1980 PA 300, entitled “The public school employees
retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by
2018 PA 482.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Sheppard, Cole, Lilly and Rabhi
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheppard, Chair, of the
Committee on Government Operations, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. Sheppard, Cole, Lilly and Rabhi
Absent: Rep. Greig
Excused: Rep. Greig
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4374, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by
amending section 483a (MCL 750.483a), as added by 2000 PA 451.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon,
Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden
Nays: None
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4376, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by
amending section 3 (MCL 722.623), as amended by 2016 PA 35.
With the recommendation that the substitute (H-1) be adopted and that
the bill then pass.
The bill and substitute were referred to the order of Second Reading of
Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, LaFave, Farrington, Howell, Rendon, Berman, Wozniak,
LaGrand, Guerra, Elder, Yancey and Bolden
Nays: Rep. Steven Johnson
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4377, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” (MCL 722.621 to 722.638) by adding section 3b.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon,
Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden
Nays: None
The Committee on Judiciary, by Rep. Filler, Chair, reported
House Bill No. 4383, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL
750.1 to 750.568) by adding section 478b.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson, Rendon,
Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Filler,
Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. Filler, LaFave, Farrington, Howell, Steven Johnson,
Rendon, Berman, Wozniak, LaGrand, Guerra, Elder, Yancey and Bolden
The
Committee on Ways and Means, by Rep. Iden, Chair, reported
House Bill No. 4336, entitled
A bill to amend 2003 PA 1, entitled “An act to provide for the audit and
examination of this state and state funds; to provide for the audit and
examination of the books and accounts of all branches, departments, offices,
boards, commissions, agencies, authorities, and institutions of this state; to
prescribe powers and duties of certain state officers and employees; to provide
for access to certain records; to provide for the subpoena of witnesses and
production of documents and records; to prescribe penalties; and to provide for
the administration of this act,” by amending the title and section 1 (MCL
13.101).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Neeley
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
House Bill No. 4408, entitled
A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by
amending section 27 (MCL 123.1157).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Neeley
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
House Bill No. 4574, entitled
A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.9)
by adding section 6a.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Neeley
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
Senate Bill No. 192, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by
amending section 310e (MCL 257.310e), as amended by 2015 PA 11.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Neeley
Nays: None
The Committee on Ways and Means, by Rep. Iden, Chair, reported
Senate Bill No. 193, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and
instructor act,” by amending section 39 (MCL 256.659), as amended by 2010
PA 16.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth,
Warren, Byrd and Neeley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Iden, Chair, of the Committee on
Ways and Means, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle,
Wentworth, Warren, Byrd and Neeley
Absent: Rep. Hertel
Excused: Rep. Hertel
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hornberger, Chair, of the
Committee on Education, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. Hornberger, Paquette, Crawford, Vaupel, Reilly, Hall,
Markkanen, O’Malley, Wakeman, Camilleri, Sowerby, Brenda Carter, Tyrone Carter,
Koleszar and Stone
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaFave, Chair, of the Committee
on Military, Veterans and Homeland Security, was received and read:
Meeting held on: Tuesday, June 11, 2019
Present: Reps. LaFave, Mueller, Marino, Afendoulis, Markkanen, Jones,
Chirkun, Tyrone Carter and Manoogian
Notices
June 6, 2019
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI 48909
Dear Mr. Clerk,
Pursuant to Public Act 549 of 2008, I am
appointing the following individual to the Benton Harbor Promise Zone Authority
for a four year term beginning June 6, 2019.
Mr. Jerry Price
575 East Britain Ave.
Benton Harbor, Michigan 49022
(269) 277-0436
If you have any questions or concerns, please
do not hesitate to contact my office.
Sincerely,
Lee
Chatfield
Speaker
Michigan
House of Representatives
June 10, 2019
Mr. Gary L. Randall, Clerk
Michigan House of Representatives
PO Box 30014
Lansing, MI 48909
Dear Mr. Clerk,
Pursuant to Public Act 549 of 2008, I am
appointing the following individual to the Grand Rapids Promise Zone Authority
for a four year term beginning June 10, 2019.
Mr. J.C. Huizenga
If you have any questions or concerns, please
do not hesitate to contact my office.
Sincerely,
Lee
Chatfield
Speaker
Michigan
House of Representatives
Messages from the Governor
Date: June 7, 2019
Time: 9:21 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled
House Bill No. 4066 (Public Act No. 19, I.E.), being
An act to amend 1941 PA 207, entitled “An act
to provide for the prevention of fires and the protection of persons and
property from exposure to the dangers of fire or explosion; to authorize the
investigation of fires and the discovery of crime or other offenses in relation
thereto; to require the razing, repair, or alteration of buildings, and the
clearing and improvement of premises which constitute a fire hazard or a menace
to the peace, security, or safety of persons or property; to control the
construction, use, and occupancy of buildings and premises in relation to
safety, including fire safety; to provide for the certification of fire
inspectors and the delegation of certain powers to those certified fire
inspectors; to provide for the regulation of the storage and transportation of
hazardous material; to provide for the issuance of certificates; to prohibit
the use of certain fire extinguishers and fire extinguishing agents; to provide
immunity from liability for certain persons; to provide for the administration
and enforcement of this act; to prescribe penalties; to provide for the
promulgation of rules; to provide for the assessment of fees; and to repeal
acts and parts of acts,” (MCL 29.1 to 29.33) by adding section 3d.
(Filed with the Secretary of State June 7,
2019, at 10:06 a.m.)
Date: June 7, 2019
Time: 9:23 a.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled
House Bill No. 4067 (Public Act No. 20, I.E.), being
An act to amend 1972 PA 230, entitled “An act
to create a construction code commission and prescribe its functions; to
authorize the director to promulgate rules with recommendations from each
affected board relating to the construction, alteration, demolition, occupancy,
and use of buildings and structures; to prescribe energy conservation standards
for the construction of certain buildings; to provide for statewide approval of
premanufactured units; to provide for the testing of new devices, materials,
and techniques for the construction of buildings and structures; to define the
classes of buildings and structures affected by the act; to provide for
administration and enforcement of the act; to create a state construction code
fund; to prohibit certain conduct; to establish penalties, remedies, and
sanctions for violations of the act; to repeal acts and parts of acts; and to
provide an appropriation,” (MCL 125.1501 to 125.1531) by adding section 4h.
(Filed with the Secretary of State June 7,
2019, at 10:08 a.m.)
Date: June 11, 2019
Time: 2:24 p.m.
To the Speaker of the House of Representatives:
Sir—I have this day approved and signed
Enrolled
House Bill No. 4397 (Public Act No. 22, I.E.), being
An act to amend 1956 PA 218, entitled “An act
to revise, consolidate, and classify the laws relating to the insurance and
surety business; to regulate the incorporation or formation of domestic
insurance and surety companies and associations and the admission of foreign
and alien companies and associations; to provide their rights, powers, and
immunities and to prescribe the conditions on which companies and associations
organized, existing, or authorized under this act may exercise their powers; to
provide the rights, powers, and immunities and to prescribe the conditions on
which other persons, firms, corporations, associations, risk retention groups,
and purchasing groups engaged in an insurance or surety business may exercise
their powers; to provide for the imposition of a privilege fee on domestic
insurance companies and associations and the state accident fund; to provide
for the imposition of a tax on the business of foreign and alien companies and
associations; to provide for the imposition of a tax on risk retention groups
and purchasing groups; to provide for the imposition of a tax on the business
of surplus line agents; to provide for the imposition of regulatory fees on
certain insurers; to provide for assessment fees on certain health maintenance
organizations; to modify tort liability arising out of certain accidents; to
provide for limited actions with respect to that modified tort liability and to
prescribe certain procedures for maintaining those actions; to require security
for losses arising out of certain accidents; to provide for the continued
availability and affordability of automobile insurance and homeowners insurance
in this state and to facilitate the purchase of that insurance by all residents
of this state at fair and reasonable rates; to provide for certain reporting with
respect to insurance and with respect to certain claims against uninsured or
self-insured persons; to prescribe duties for certain state departments and
officers with respect to that reporting; to provide for certain assessments; to
establish and continue certain state insurance funds; to modify and clarify the
status, rights, powers, duties, and operations of the nonprofit malpractice
insurance fund; to provide for the departmental supervision and regulation of
the insurance and surety business within this state; to provide for regulation
over worker’s compensation self-insurers; to provide for the conservation,
rehabilitation, or liquidation of unsound or insolvent insurers; to provide for
the protection of policyholders, claimants, and creditors of unsound or
insolvent insurers; to provide for associations of insurers to protect
policyholders and claimants in the event of insurer insolvencies; to prescribe
educational requirements for insurance agents and solicitors; to provide for
the regulation of multiple employer welfare arrangements; to create an
automobile theft prevention authority to reduce the number of automobile thefts
in this state; to prescribe the powers and duties of the automobile theft
prevention authority; to provide certain powers and duties upon certain
officials, departments, and authorities of this state; to provide for an
appropriation; to repeal acts and parts of acts; and to provide penalties for
the violation of this act,” by amending sections 3009, 3109a, 3111, 3116, 3135,
and 3151 (MCL 500.3009, 500.3109a, 500.3111, 500.3116, 500.3135, and 500.3151),
section 3009 as amended by 2016 PA 346, section 3109a as amended by 2012
PA 454, and section 3135 as amended by 2012 PA 158, and by adding sections
2111f, 3107c, and 3107d.
(Filed with the Secretary of State June 11,
2019, at 3:24 p.m.)
The
following message from the Governor was received 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
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
The
following message from the Governor was received 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
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
The
following message from the Governor was received 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
[SEAL] GRETCHEN WHITMER
GOVERNOR
By
the Governor:
JOCELYN
BENSON
SECRETARY
OF STATE
The message was referred to the Clerk.
Introduction of Bills
House Bill No. 4695, entitled
A bill to amend 1980 PA 497, entitled “Construction
lien act,” by amending section 114 (MCL 570.1114), as amended by 2016 PA 415.
The bill was read a first time by its title
and referred to the Committee on Regulatory Reform.
Reps. Brann, Vaupel, Bellino, Crawford, Allor
and Cherry introduced
House Bill No. 4696, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by
amending sections 391, 392a, 409, 411, 431, 433a, and 467 (MCL 168.391,
168.392a, 168.409, 168.411, 168.431, 168.433a, and 168.467), sections 391,
409, 411, 431, 433a, and 467 as amended by 2018 PA 120.
The bill was read a first time by its title and referred to the
Committee on Judiciary.
House Bill No. 4697, entitled
A bill to amend 2016 PA 235, entitled
“Public threat alert system act,” by amending sections 2 and 3 (MCL 28.672 and
28.673).
The bill was read a first time by
its title and referred to the Committee on Military, Veterans and Homeland
Security.
House Bill No. 4698, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” (MCL 333.1101 to 333.25211) by adding section 5143.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 4699, entitled
A bill to amend 1909 PA 279, entitled “The
home rule city act,” by amending section 4r (MCL 117.4r), as amended by 2013 PA
192.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
Reps. Whiteford and Vaupel introduced
House Bill No. 4700, entitled
A bill to amend 1953 PA 232, entitled “Corrections
code of 1953,” (MCL 791.201 to 791.285) by adding section 34e.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
House Bill No. 4701, entitled
A bill to amend 1956 PA 218, entitled “The
insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.
The bill was read a first time by its title
and referred to the Committee on Insurance.
Reps. Chirkun and Cambensy introduced
House Bill No. 4702, entitled
A bill to amend 1976 PA 331, entitled “Michigan
consumer protection act,” (MCL 445.901 to 445.922) by adding section 9b; and to
repeal acts and parts of acts.
The bill was read a first time by its title
and referred to the Committee on Government Operations.
House Bill No. 4703, entitled
A bill to amend 1976 PA 388, entitled “Michigan
campaign finance act,” by amending section 15 (MCL 169.215), as amended by 2015
PA 269.
The bill was read a first time by its title
and referred to the Committee on Elections and Ethics.
House Bill No. 4704, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” by amending sections 2 and 8e (MCL 722.622 and 722.628e),
section 2 as amended by 2018 PA 59 and section 8e as added by 2008 PA 511.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4705, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” by amending section 8 (MCL 722.628), as amended by 2016 PA
491.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4706, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” by amending section 8d (MCL 722.628d), as amended by 2014 PA
30.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4707, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” by amending section 8 (MCL 722.628), as amended by 2016 PA
491.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4708, entitled
A bill to amend 1975 PA 238, entitled “Child
protection law,” by amending section 8d (MCL 722.628d), as amended by 2014 PA
30.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4709, entitled
A bill to amend 1975 PA
238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding
section 9b.
The bill was read a first time by its title
and referred to the Committee on Families, Children, and Seniors.
House Bill No. 4710, entitled
A bill to amend 1978 PA 368, entitled “Public
health code,” by amending sections 16215, 16322, 16501, 16511, 16521, 16525,
and 16529 (MCL 333.16215, 333.16322, 333.16501, 333.16511, 333.16521,
333.16525, and 333.16529), section 16215 as amended by 2005 PA 211, sections
16322, 16501, 16525, and 16529 as added by 2006 PA 30, section 16511 as amended
by 2006 PA 397, and section 16521 as amended by 2010 PA 79, and by adding
sections 16513, 16515, and 16517.
The bill was read a first time by its title
and referred to the Committee on Health Policy.
House Bill No. 4711, entitled
A bill to amend 1994 PA 203, entitled “Foster
care and adoption services act,” by amending section 4 (MCL 722.954).
The bill was read a first time by its title and
referred to the Committee on Families, Children, and Seniors.
Reps. Steven Johnson, LaFave and Miller
introduced
House Bill No. 4712, entitled
A bill to amend 1931 PA 328, entitled “The
Michigan penal code,” by repealing section 421 (MCL 750.421).
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Miller, Steven Johnson and LaFave
introduced
House Bill No. 4713, entitled
A bill to amend 1927 PA 175, entitled “The
code of criminal procedure,” by amending section 16u of chapter XVII (MCL
777.16u), as amended by 2000 PA 279.
The bill was read a first time by its title
and referred to the Committee on Judiciary.
Reps. Slagh, Brixie, Frederick, Green, Eisen
and LaGrand introduced
House Bill No. 4714, entitled
A bill to amend 1954 PA 116, entitled “Michigan
election law,” by amending section 206 (MCL 168.206).
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
Reps. Slagh, Brixie, Frederick, Green, Eisen
and LaGrand introduced
House Bill No. 4715, 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.
The bill was read a first time by its title
and referred to the Committee on Local Government and Municipal Finance.
Reps. Hornberger, Calley,
Meerman, Allor, Yaroch, Paquette, Mueller, Bellino, Bollin, Farrington, O’Malley, LaFave, Eisen, Wozniak, Hall, Crawford and Marino introduced
House Joint Resolution K, entitled
A joint resolution proposing an amendment to
the state constitution of 1963, amending sections 3 and 7 of article VIII, to
eliminate the state board of education, superintendent of public instruction,
and state board for public community and junior colleges.
The joint resolution was read a first time by
its title and referred to the Committee on Education.
______
Rep. Jones moved that the House adjourn.
The motion prevailed, the time being 4:20 p.m.
The Speaker Pro Tempore declared the House
adjourned until Wednesday, June 12, at 1:30 p.m.
GARY L. RANDALL
Clerk of the House of Representatives