No. 42
STATE OF MICHIGAN
Journal of the Senate
94th Legislature
REGULAR SESSION OF 2007
Senate Chamber, Lansing, Tuesday, May 8, 2007.
10:00a.m.
The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Allen--present Garcia--present Pappageorge--present
Anderson--present George--present Patterson--present
Barcia--present Gilbert--present Prusi--present
Basham--present Gleason--present Richardville--present
Birkholz--present Hardiman--present Sanborn--present
Bishop--present Hunter--present Schauer--present
Brater--present Jacobs--present Scott--present
Brown--present Jansen--present Stamas--present
Cassis--present Jelinek--present Switalski--present
Cherry--present Kahn--present Thomas--present
Clark-Coleman--present Kuipers--present Van Woerkom--present
Clarke--present McManus--present Whitmer--present
Cropsey--present Olshove--present
Pastor Len Hill of Mount Hope Church of Lansing offered the following invocation:
O God of our fathers and our nation, God of our families and ourselves, we give You our worship this day with our whole beings. Lord God, we ask You for guidance in matters of this wonderful state of Michigan. We ask for Your guidance in the governing of this people--the men, the women, and the children of this great state.
Lord God, we ask You to give us wisdom and discernment to understand the correct issues for votes of confidence and agreement, recognizing the importance of providing programs which will bring positive and not negative impact on our men, women, and children; policies that will generate positive ratios of growth in our state economy and policies that will create an environment of improvement in health, employment, education, safety, and well-being for our people.
We recognize that You are the Creator, the keeper of the heaven and earth, of mankind's lives and every day that You allow us to have in our lifetime. We offer our thoughts, our actions, our words, and our deeds to You for Your approval, Lord God. We ask for Your direction and blessings with our whole heart. We bless You and we worship You.
And today, Father God, I render a blessing to each member of this group of men and women--each one so special in Your sight. I issue a blessing of love, of tenderness, of well-being, of wisdom, guidance, discernment, and courage to make decisions that are in accordance with Your divine will for mankind.
Lord God, know that we love You and we worship You with our whole beings, and we pray this in the name of Christ our Lord. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Clarke, Thomas, Anderson, McManus, Gleason and Brown entered the Senate Chamber.
The following communication was received and read:
Office of the Auditor General
May 3, 2007
Enclosed is a copy of the following audit report:
Financial audit, including the provisions of the Single Audit Act, of the State-Funded Judicial Operations, for the period October 1, 2004 through September 30, 2006.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The audit report was referred to the Committee on Government Operations and Reform.
The following communication was received:
Department of State
April 30, 2007
Pursuant to the provisions of the Campaign Finance Act, 1976 PA 388, as amended, MCL 169.1 et seq, (the "Act"), the various dollar figures specified in section 46 have been reviewed in light of the changes in the Consumer Price Index compiled by the United States Department of Labor and the number of registered voters in the state. By this letter I am transmitting the results of that review in accordance with the provisions of section 46. These figures are not recommendations for legislative changes.
The Consumer Price Index for August 2006 was 198.6, which represents an increase in prices of 6.32% since August of2004. Since October of 2004 there has been a .23% increase in the number of registered voters in the state from 7,164,047 to 7,180,778.
The first column of figures (Current) is the dollar amounts included in the current law. The second column (CPI) reflects the current amounts as adjusted by the Consumer Price Index. The third column (CPI and Voters) is adjusted to show the change in the number of registered voters as well as the change in the CPI.
Sincerely,
Terri Lynn Land
Secretary of the State
The communication was referred to the Secretary for record.
The following communication was received:
Department of Human Services
May 1, 2007
Public Acts 28 and 29 require the Department of Human Services (DHS) and the Department of Community Health (DCH) to provide written reports to the legislature regarding expanded criminal background check requirements. DHS hasregulatory authority of homes for the aged by executive order. This report therefore includes information regarding homes for the aged regulated under PA 368, in addition to adult foster care regulated under PA 218, but does not include information regarding facilities/agencies regulated by DCH.
If you have any questions about the attached material, please contact John Sorbet, Chief Administrative Officer, at 373-7787.
Sincerely,
Marianne Udow
The communication was referred to the Secretary for record.
The following communication was received:
Transportation Asset Management Council
May 2, 2007
It is my pleasure to submit to you the 2006 Annual Report of the Transportation Asset Management Council. MCL 247.659a(9) requires the Council to file an annual report with the Legislature and State Transportation Commission by May 2 of each year.
During 2006, the Council surveyed 43,000 miles of federal-aid eligible roads and analyzed the condition of the system. This is the fourth statewide survey of every mile of federal-aid eligible road in Michigan using a common process. This effort was achieved through a cooperative effort of individuals from county road commissions, city engineering staffs, the Michigan Department of Transportation, regional planning agencies, and metropolitan planning organizations.
As we continue this effort over the next several years, it is the intent of the Council to analyze and report to the Legislature and State Transportation Commission on the investments made to this system and the resulting condition. In this way, you will be kept up-to-date on the overall condition of our roads and bridges; how we are spending the public dollars you have entrusted to us; and the system needs for maintaining and preserving our roads and bridges.
This report was approved by the Council on May 1, 2007. If you have any questions regarding the report you can contact me or our Staff Coordinator, Rick Lilly, at 517-335-2606.
Sincerely,
Carmine Palombo, P.E.
Chair
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 3:
House Bill Nos. 4047 4369 4370 4371 4485 4486 4597 4628
The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 3, for her approval the following bill:
Enrolled Senate Bill No.404 at 2:07p.m.
The Secretary announced that the following official bills were printed on Thursday, May 3, and are available at the legislative website:
Senate Bill Nos. 469 470
The Secretary announced that the following official bills were printed on Friday, May 4, and are available at the legislative website:
Senate Bill Nos. 471 472 473 474 475 476 477 478
House Bill Nos. 4700 4701 4702 4703 4704 4705 4706 4707 4708 4709 4710 4711 4712 4713 4714 4715
Messages from the Governor
The following message from the Governor was received:
Date: May 4, 2007
Time: 9:10a.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.404 (Public Act No.7), being
An act to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
(Filed with the Secretary of State on May 4, 2007, at 9:54a.m.)
Respectfully,
Jennifer M. Granholm
Governor
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No. 2007-5
Abolishing the Ronald Wilson Reagan Memorial Monument Fund Commission
Department of Management and Budget
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, the Ronald Wilson Reagan Memorial Monument Fund Commission ("Reagan Commission") was established by the Ronald Wilson Reagan Memorial Monument Fund Commission Act, 2004 PA 489, MCL 399.261 to 399.266, effective December 28, 2004;
WHEREAS, the Reagan Commission was required to initially convene within six months of the first deposit of money in the Ronald Wilson Reagan Memorial Monument Fund ("Fund") created by the Ronald Wilson Reagan Memorial Monument Fund Act, 2004 PA 488, MCL 399.271 to 399.274, but no money has ever been deposited in the Fund and the Reagan Commission has never met;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Reagan Commission will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Management and Budget" means the principal department of state government created under Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121.
B."Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Ronald Wilson Reagan Memorial Monument Fund Commission under the Ronald Wilson Reagan Memorial Monument Fund Commission Act, 2004 PA 489, MCL 399.261 to 399.266, and the Ronald Wilson Reagan Memorial Monument Fund Act, 2004 PA 488, MCL 399.271 to 399.274, are transferred by Type III transfer to the Department of Management and Budget.
B. The Ronald Wilson Reagan Memorial Monument Fund Commission is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Management and Budget shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Management and Budget in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed,available, or to be made available to the Ronald Wilson Reagan Memorial Monument Fund Commission for the activities,powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Management and Budget.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-6
Abolishing the Temporary Reimbursement Program Advisory Board
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, the Temporary Reimbursement Program Advisory Board was established by Public Act 322 of 2006 as a temporary entity;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Temporary Reimbursement Program Advisory Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Temporary Reimbursement Program Advisory Board created under Section 21562 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.21562, are transferred by Type III transfer to the Department of Environmental Quality.
B. The Temporary Reimbursement Program Advisory Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Temporary Reimbursement Program Advisory Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-7
Abolishing the Michigan Underground Storage Tank Financial Assurance Policy Board
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Michigan Underground Storage Tank Financial Assurance Policy Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Michigan Underground Storage Tank Financial Assurance Policy Board created under Section 21541 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.21541, are transferred by Type III transfer to the Department of Environmental Quality.
B. The Michigan Underground Storage Tank Financial Assurance Policy Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Michigan Underground Storage Tank Financial Assurance Policy Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-8
Abolishing the Groundwater Advisory Council and the
Groundwater Conservation Advisory Council
Department of Agriculture
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Groundwater Advisory Council and the Groundwater Conservation Advisory Council will reduce duplicative government functions and contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.
B. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Groundwater Advisory Council created under Section 8708 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.8708, are transferred by Type III transfer to the Department of Agriculture.
B. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Groundwater Conservation Advisory Council created under Section 32803 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.32803, are transferred by Type III transfer to the Department of Environmental Quality.
C. The Groundwater Advisory Council is abolished.
D. The Groundwater Conservation Advisory Council is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality and the Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality and the Director of the Department of Agriculture in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Groundwater Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.
D. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Groundwater Conservation Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.
E. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-9
Abolishing the Water Quality Monitoring Advisory Board
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, abolishing the Water Quality Monitoring Advisory Board created by Governor John M. Engler in 1999 will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
A. The Water Quality Monitoring Advisory Board created by Executive Order 1999-10 is abolished.
B. Executive Order 1999-10 is rescinded in its entirety.
This Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
Senators Birkholz and Switalski asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Birkholz's first statement is as follows:
Today, we are pleased as the Dutch Caucus to announce that it is Tulip Time in Holland. You have information on your desks about Tulip Time in Holland, but as the Dutch Caucus, we have asked our fine historian, author, and poet, the Dutch Switalski, to start us off with some of his fine prose about our Dutch heritage, Senator Switalski.
Senator Switalski's first statement is as follows:
Thank you, Senator. You know, I have heard the whispers and I have seen the smirks and felt the rumblings from thosewho have impugned the integrity of my Dutch heritage. I can bear the slings and arrows of outrageous gossips no longer. However, during my extensive genealogical research, I made a startling discovery about the current occupants of this chamber.
Therefore, to further attest to my Dutch heritage and to likewise demonstrate that the entire Senate Chamber is of Dutch decent, allow me to introduce the five following proofs.
Senator Birkholz's second statement is as follows:
Please note these proofs have been sealed since noon yesterday in the former State Representative Honorable Jim Koetje Broetje box and no one has seen the contents of these proofs, which now will be revealed to you.
Senator Switalski's second statement is as follows:
After a careful survey of the entire chamber, including a field test on all female members of the body, I can hereby swear that every Senator has two lips--two lips.
No.2, the Dutch people are deeply religious. Is it a coincidence then that every member refers to the Senate leader as Bishop?
No.3, if a group consisting solely of Senators is ever abandoned by third parties in an eating or drinking establishmentand a bill for victuals and libations is presented, the Senators revert instinctively to their ancestral heritage and go Dutch.
No.4, the Dutch appreciate the value of a Dutch krone. Now it is clear why 33 members of the Senate are in arrears for their dues to the Dutch Caucus. Those are payable to the secretary of the Dutch Caucus today.
And finally, No.5, Senators are Dutch by ingestion. A close inspection reveals that the trays of Dutch candies, Windmill Cookies, and Dutch treats by which we celebrate the queen's birthday are annually consumed by members of the chamber in their entirety without so much as a single crumb being thrown away.
Thank you for the opportunity to clarify these matters. This should lay the controversy to rest surrounding our common Dutch heritage once and for all.
Senator Birkholz's third statement is as follows:
And the Dutch treats are available from the Dutch Caucus. You don't have to pay for them. They are available in the lobby. Thank you and happy Tulip Time. Come and visit us in Holland.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-10
Abolishing the Laboratory Data Quality Assurance Advisory Council
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Laboratory Data Quality Assurance Advisory Council will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Laboratory Data Quality Assurance Advisory Council created under Section 20517 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.20517, are transferred by Type III transfer to the Department of Environmental Quality.
B. The Laboratory Data Quality Assurance Advisory Council is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Laboratory Data Quality Assurance Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-11
Abolishing the Agricultural Marketing and Bargaining Board
Department of Agriculture
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Agricultural Marketing and Bargaining Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Agricultural Marketing and Bargaining Board created under Section 3 of the Agricultural Marketing and Bargaining Act, 1972 PA 344, MCL 290.703, are transferred by Type III transfer to the Department of Agriculture.
B. The Agricultural Marketing and Bargaining Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Agriculture in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Agricultural Marketing and Bargaining Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-12
Abolishing the Value-Added and Commercialization Roundtable
Department of Agriculture
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, the advisory Value-Added and Commercialization Roundtable adds little value for taxpayers given that the State of Michigan already has an appointed Commission of Agriculture;
WHEREAS, abolishing the Value-Added and Commercialization Roundtable will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Value-Added and Commercialization Roundtable created under Section 302b of the Julian-Stille Value-Added Act, 2000 PA 322, MCL 285.302b, are transferred by Type III transfer to the Department of Agriculture.
B. The Value-Added and Commercialization Roundtable is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Agriculture in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Value-Added and Commercialization Roundtable for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-13
Abolishing the Agriculture and Rural Communities Roundtable
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, the advisory Agriculture and Rural Communities Roundtable adds little value for taxpayers given that the State of Michigan already has an appointed Commission of Agriculture and Commission on Natural Resources;
WHEREAS, abolishing the Agriculture and Rural Communities Roundtable will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Agriculture and Rural Communities Roundtable convened under Section 2305 of the Natural Resources and Environmental Protection Act, 1994, PA 451, MCL 324.2305, are transferred by Type III transfer to the Director of the Department of Environmental Quality.
B. The Agriculture and Rural Communities Roundtable is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Agriculture and Rural Communities Roundtable for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Director of the Department of Environmental Quality.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-14
Abolishing the Invasive Species Advisory Council
Department of Natural Resources
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Invasive Species Advisory Council will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Natural Resources" means the principal department of state government created under Section 250 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.350, and Section 501 of the Natural Resources and Environmental Protection Act, 1965 PA 380, MCL 324.501, as modified by Executive Order 1995-18, MCL 324.99903.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Invasive Species Advisory Council created under Section 41321 of the Natural Resourcesand Environmental Protection Act, 1994 PA 451, MCL 324.41321, are transferred by Type III transfer to the Department of Natural Resources.
B. The Invasive Species Advisory Council is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Department of Natural Resources may consult with the Department of Agriculture and the Department of Environmental Quality when performing the power, duties, and functions transferred under this Order.
B. The Director of the Department of Natural Resources shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
C. The functions transferred under this Order shall be administered by the Director of the Department of Natural Resources in such ways as to promote efficient administration.
D. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Invasive Species Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Natural Resources.
E. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-15
Abolishing the Highway Reciprocity Board
Department of State
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Highway Reciprocity Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of State" means the principal department of state government created under Section 25 of the Executive Organization Act of 1965, MCL 16.125.
B. "Highway Reciprocity Board" means the board created under 1960 PA 124 and transferred by Type II transfer to the Department of State under Section 31 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.131.
C. "Type II transfer" means that term as defined under Section 3(b) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
D. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Highway Reciprocity Board, are transferred by Type III transfer to the Department of State.
B. The Highway Reciprocity Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Secretary of State shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Secretary of State in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Highway Reciprocity Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of State.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-16
Abolishing the Community Health Advisory Council
Department of Community Health
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Community Health Advisory Council created by Governor John M. Engler in 1997 will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Community Health" means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the "Department of Community Health" under Executive Order 1996-1, MCL 330.3101.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Community Health Advisory Council created under Section IV of Executive Order1997-4, MCL 333.26324, are transferred by Type III transfer to the Department of Community Health.
B. The Community Health Advisory Council is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Community Health shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Community Health in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed,available, or to be made available to the Community Health Advisory Council for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Community Health.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-17
Abolishing the Health Plans Advisory Council
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, abolishing the Health Plans Advisory Council created by the Department of Community Health in 1997 will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
A. The Health Plans Advisory Council created within the Department of Community Health in 1997 is abolished.
This order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-18
Michigan Citizen-Community Emergency Response Coordinating Council
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963 the Governor is responsible for taking care that the laws be faithfully executed;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963 each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;
WHEREAS, this administration continues to be committed to encouraging all residents, organizations, and institutions in Michigan to help in solving our most critical problems by volunteering their time, effort, energy and service in times of prosperity as well as crisis;
WHEREAS, the need for homeland security, community health, public safety, and all-hazard preparedness have increased and have led to the need to call upon the compassion, inventiveness, and volunteer spirit of all Michigan residents to help solve many of the problems facing our communities;
WHEREAS, state government has a unique role to play in coordinating hazard mitigation and emergency response activities of state and local governments;
WHEREAS, it is appropriate that state government rely upon appropriate technical expertise and input from the general public in coordinating hazard mitigation and emergency response activities;
WHEREAS, the Michigan Citizen Corps Council was created within the Michigan Community Service Commission under Executive Order 2002-9 to oversee the development and operation of the Michigan Citizen Corps Council and to act as a state-wide advisory council on the Michigan Citizen Corps;
WHEREAS, while under Executive Order 2002-9, the Michigan Citizen Corps Council was charged with the development of initiatives to promote, among other things, the federal Terrorist Information and Prevention System (TIPS), federal law now prohibits activities to implement the TIPS component of the Citizen Corps initiative;
WHEREAS, the Michigan Citizen Corps Council failed to report to the Governor and the Legislature as required under Executive Order 2002-9;
WHEREAS, the Michigan Emergency Planning and Community Right-to-Know Commission was established by Executive Order 1994-17, as amended by Executive Orders 1994-25 and 1995-23, and designated as the emergency response commission for this state as required by the federal Emergency Planning and Community Right-to-Know Act of 1986;
WHEREAS, the Michigan Hazard Mitigation Coordinating Council was established by Executive Order 1998-5 to assist in preventing or lessening the damage and impact of disasters and emergencies through hazard mitigation;
WHEREAS, the work of the Michigan Citizen Corps Council, the Michigan Emergency Planning and Community Right-to-Know Commission, and the Michigan Hazard Mitigation Coordinating Council can be coordinated more effectively by a single new entity within the Department of State Police;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
A. "Civil Service Commission" means the commission authorized under Section 5 of Article XI of the Michigan Constitution of 1963.
B. "Council" means the Michigan Citizen-Community Emergency Response Coordinating Council created as an advisory body within the Department of State Police under this Order.
C. "Community Service Commission" means the Michigan Community Service Commission established under 1994 PA 219, MCL 408.221 to 408.232, that was subsequently transferred to the Department of Career Development by Executive Order 1999-1, as amended, MCL 408.40, to the Department of Labor and Economic Growth by Executive Order 2003-18, MCL 445.2011, and to the Department of Human Services by Executive Order 2006-18, MCL 400.561.
D. "Department of Management and Budget" means the principal department of state government created under Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121.
E. "Department of State Police" or "Department" means the Department of State Police created under Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250.
F. "Michigan Citizen Corps" means the Michigan initiative created under the federal USA Freedom Corps program pursuant to Executive Order 2002-9 and other applicable state and federal law.
G. "Michigan Citizen Corps Council" means the advisory body created within the Michigan Community Service Commission under Executive Order 2002-9.
H. "Michigan Emergency Planning and Community Right-to-Know Commission" means the advisory body created within the Department of State Police under Executive Order 1994-17, as amended by Executive Orders 1994-25 and 1995-23.
I. "Michigan Hazard Mitigation Coordinating Council" means the advisory body established within the Department of State Police by Executive Order 1998-5.
J. "USA Freedom Corps" means the federal interagency initiative created under Executive Order No. 13254, 67CFR4869, and any successor program.
II. CREATION OF THE COUNCIL
A. The Michigan Citizen-Community Emergency Response Coordinating Council is created as an advisory body within the Department of State Police.
B. The Council shall consist of the following members:
1. The Director of the Department of Agriculture or his or her designated representative from within the Department of Agriculture.
2. The Director of the Department of Community Health or his or her designated representative from within the Department of Community Health.
3. The Director of the Department of Environmental Quality or his or her designated representative from within the Department of Environmental Quality.
4. The Adjutant General or his or her designated representative from within the Department of Military and Veterans Affairs.
5. The Director of the Department of State Police or his or her designated representative from within the Department.
6. The Director of the Department of Transportation or his or her designated representative from within the Department of Transportation.
7. The State Fire Marshal.
8. The Executive Director of the Community Service Commission or his or her designee from within the Community Service Commission.
9. Eleven individuals appointed by the Governor, including at least two individuals with technical expertise related to emergency response.
10. Of the 11 members initially appointed by the Governor under Section II.B.9, 3 members shall be appointed for terms expiring on December 31, 2007, 3 members shall be appointed for terms expiring on December 31, 2008, 3 members shall be appointed for terms expiring on December 31, 2009, and 2 members shall be appointed for terms expiring on December 31, 2010. After the initial terms, members of the Council shall be appointed to 4-year terms.
C. A vacancy on the Council occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.
D. The Governor shall designate a member of the Council to serve as its Chairperson at the pleasure of the Governor. The Governor may designate a member of the Council to serve as its Vice-Chairperson at the pleasure of the Governor.
III. CHARGE TO THE COUNCIL
A. The Council shall act in an advisory capacity to the Department of State Police and shall do all of the following:
1. Monitor and advise the Department regarding the development and operation of the Michigan Citizen Corps.
2. Act as the statewide advisory council for the Michigan Citizen Corps.
3. Develop for presentation to the Department a comprehensive Michigan Community Emergency Response and Citizen Corps Coordination Plan ("Plan") in consultation with the Department of State Police, the Department of Community Health, the Department of Environmental Quality, the Department of Military and Veterans Affairs, the Office of the State Fire Marshal, and other emergency management entities, including local and tribal entities. The Plan shall provide for all of the following:
a. Coordination of the use of volunteer resources in Michigan in furtherance of homeland security and emergency response.
b. Description of volunteer recruitment and plans for volunteer-management related to emergencies in times of declared states of emergency or disaster.
c. Analysis of state agency coordination plans related to volunteer recruitment and emergency management.
d. Detail of state, local, and tribal activities that may help in the further development of the Michigan Citizen Corps and coordination of citizen-based community emergency response efforts.
e. Reporting on best practices in local and tribal citizen-based emergency response activities and recognizing accomplishments.
4. Beginning September 30, 2009, annually update and submit the Plan required under Section III.C.3 to the Director of the Department of State Police and the Executive Director of the Michigan Community Service Commission no later than 60 days after the close of each fiscal year.
5. Identify opportunities for local, state, tribal, and federal organizations to collaborate to accomplish the shared goals of Citizen Corps and other citizen-based community emergency response efforts.
6. Assist and advise the Department of State Police, the Community Service Commission and local and tribal entities with the preparation of grant and other funding applications submitted to the USA Freedom Corps and other public and private funding sources for implementing the Michigan Citizen Corps and other citizen-based community emergency response efforts.
7. Assist and advise the Department of State Police and the Community Service Commission with the establishment of policies and procedures regarding the use of grants and other funds related to the USA Freedom Corps, the Michigan Citizen Corps, and other citizen-based community emergency response efforts, subject to appropriations and applicable law.
8. Assist and advise the Department of State Police and the Community Service Commission with the development, establishment, and promotion of local Citizen Corps councils, local Citizen Corps programs, and other citizen-based community emergency response and homeland security initiatives.
9. Assist and advise the Department of State Police and the Community Service Commission in the development of programs and activities to promote community service related to homeland security and citizen-based community emergency response, including, but not limited to: Volunteers in Police Service, Neighborhood Watch, Medical Reserve Corps, and Community Emergency Response Teams.
10. Assist and advise the Department of State Police and the Community Service Commission regarding public education, training, and volunteer opportunities related to homeland security and citizen-based community emergency response.
11. Recommend policies and procedures to ensure that emergency response volunteers are connected to emergency alert systems.
12. Recommend policies and procedures to be used by the Michigan Citizen Corps and local Citizen Corps programs in responding to requests for volunteer assistance from other states.
13. Coordinate on behalf of the Department of State Police or the Community Service Commission activities relating to reports to the federal government regarding Citizen Corps and other related activity in Michigan.
B. The Council is designated as the state emergency response commission required under Section 301 of the federal Emergency Planning and Community Right-to-Know Act, Title III of the Superfund Amendments and Reauthorization Act of 1986, 42 USC 11001 to 11050 ("Act") and shall perform all of the duties of a state emergency response commission under the Act, including, but not limited to, all of the following:
1. Appointing local emergency planning committees for each county of this state. Each local emergency planning committee shall include, at a minimum, representatives from each of the following groups or organizations: elected state and local officials; law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities subject to the requirements of Subchapter I of the Act, 42 USC 11001 to 11005. Each local emergency planning committee shall appoint a chairperson and establish rules for the functioning of the committee, with the rules including provisions for public notification of committee activities, public meetings to discuss emergency plans, public comments, response to such comments by the committee, and distribution of emergency plans. Local emergency planning committees shall comply with the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, and the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. Each local emergency planning committee shall establish procedures for receiving and processing requests from the public for information under Section 324 of the Act, 42 USC 11044, including tier II information under Section 312 of the Act, 42 USC 11022, and procedures for the designation of an official to serve as coordinator for the information. Each local emergency planning committee shall perform the functions required of local emergency planning committees under the Act.
2. Notifying the Administrator of the federal Environmental Protection Agency of facilities subject to the requirements of the Act and of each notification received from a facility under Section 302(c) of the Act, 42 USC 11002(c).
3. Reviewing plans submitted by local emergency planning committees and make recommendations to the committees on revisions that may be necessary to ensure coordination with other emergency planning districts.
4. Protecting the public health, safety, welfare, and the environment by facilitating the implementation of the emergency planning and community right-to-know provisions of the Act.
5. Evaluating state agency responsibilities regarding hazardous materials planning, enforcement, and response, and develop recommendations to ensure efficient and effective coordination of hazardous materials planning, enforcement, and response.
C. The Council shall perform the following functions relating to hazard mitigation planning and coordination:
1. Assisting in the development, maintenance, and implementation of a state hazard mitigation plan.
2. Assisting in the development, maintenance, and implementation of guidance and informational materials to support hazard mitigation efforts of local and state government, and private entities.
3. Soliciting, reviewing, and identifying hazard mitigation projects for funding, including, but not limited to, federal funding under Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5170c, and Sections 553 and 554 of the National Flood Insurance Reform Act of 1994, 42 USC 4104c and 42 USC 4014d.
4. Fostering and promoting, where appropriate, hazard mitigation principles and practices within local and state government, and with the general public.
IV. OPERATIONS OF THE COUNCIL
A. The Council shall be staffed by personnel from and assisted by the Department of State Police. Any budgeting, procurement, and related management functions of the Council shall be performed under the direction and supervision of the Director of the Department of State Police.
B. The Council shall select from among its members a Secretary. Council staff shall assist the Secretary with recordkeeping responsibilities.
C. Members of the Council appointed by the Governor under Section II.B.9 shall not delegate their responsibilities as members to other persons. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council's business. The Council shall act by a majority vote of its serving members.
D. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations and may establish committees and request public participation on advisory panels as the Council deems necessary. The Council may also adopt, reject, or modify any recommendations proposed by committees or advisory panels.
E. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.
F. In developing recommendations, the Council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Council may also consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.
G. Members of the Council shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules of procedures of the Civil Service Commission and the Department of Management and Budget, subject to available appropriations.
H. The Council 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 Council and the performance of its duties as the Chairperson deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Management and Budget.
I. The Council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.
J. Members of the Council shall refer all legal, legislative, and media contacts to the Department of State Police.
V. RESCISSIONS
A. The Michigan Citizen Corps Council created under Executive Order 2002-9 is abolished.
B. Executive Order 2002-9 is rescinded in its entirety.
C. The Michigan Hazard Mitigation Coordinating Council created under Executive Order 1998-5 is abolished.
D. Executive Order 1998-5 is rescinded in its entirety.
E. The State Emergency Planning and Community Right-to-Know Commission established under Executive Order1994-17, as amended by Executive Orders 1994-25 and 1995-23, is abolished.
F. Executive Orders 1987-5, 1988-1, 1994-17, 1994-25, and 1995-23 are rescinded in their entirety.
VI. MISCELLANEOUS
A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Council, or to any member or representative of the Council, any necessary assistance required by the Council, or any member or representative of the Council, in the performance of the duties of the Council so far as is compatible with its, his, or her duties. Free access also shall be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Council.
B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.
This Order is effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May in the year of our Lord,
two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-19
Abolishing the Community Health Specialty Services Panel
Department of Community Health
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Specialty Services Panel provided for within the Department of Community Health under Public Act 409 of 2000 will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Community Health" means the principal department of state government created as the Departmentof Mental Health under Section 400 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the "Department of Community Health" under Executive Order 1996-1, MCL 330.3101
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations,allocations or other funds of the Specialty Services Panel provided for within the Department of Community Health under Section 109g of The Social Welfare Act, 1939 PA 280, MCL 400.109g, are transferred by Type III transfer to the Department of Community Health.
B. The Specialty Services Panel is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Community Health shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Community Health in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Specialty Services Panel for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Community Health.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-20
Abolishing the Retail Food Advisory Board
Department of Agriculture
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Retail Food Advisory Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Agriculture" means the principal department of state government created under Section 1 of 1921 PA 13, MCL 285.1, and Section 175 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.275.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Retail Food Advisory Board created under Section 2103 of the Food Law of 2000, 2000 PA 92, MCL 289.2103, are transferred by Type III transfer to the Department of Agriculture.
B. The Retail Food Advisory Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Agriculture shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Agriculture in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Retail Food Advisory Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Agriculture.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-21
Abolishing the Michigan Environmental Science Board
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the advisory Michigan Environmental Science Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
B. "Michigan Environmental Science Board" means the board established within the Department of Management and Budget by Executive Order 1991-33 and transferred to the Department of Environmental Quality by Executive Order 1997-3, MCL 324.99904.
C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Michigan Environmental Science Board are transferred by Type III transfer to the Department of Environmental Quality.
B. The Michigan Environmental Science Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Michigan Environmental Science Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-22
Abolishing the Personnel Agency Board
Department of Labor and Economic Growth
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Personnel Agency Board will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2, MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Personnel Agency Board created under Section 1002 of the Occupational Code, 1980 PA 299, MCL 339.1002, are transferred by Type III transfer to the Department of Labor and Economic Growth.
B. The Personnel Agency Board is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Labor and Economic Growth shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Labor and Economic Growth in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Personnel Agency Board for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Labor and Economic Growth.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-23
Abolishing the Board of Landscape Architects
Department of Labor and Economic Growth
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Board of Landscape Architects will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2, MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.
B. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Board of Landscape Architects created under Section 2203 of the Occupational Code, 1980 PA 299, MCL 339.2203, are transferred by Type III transfer to the Department of Labor and Economic Growth.
B. The Board of Landscape Architects is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Labor and Economic Growth shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Labor and Economic Growth in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Board of Landscape Architects for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Labor and Economic Growth.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-24
Abolishing the State Board of Forensic Polygraph Examiners
Department of Labor and Economic Growth
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the State Board of Forensic Polygraph Examiners will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "State Board of Forensic Polygraph Examiners" means the board created within the Department of State Police under Section 5 of the Forensic Polygraph Examiners Act, 1972 PA 295, MCL 338.1701 to 338.1729, and transferred to the Department of Commerce under Executive Order 1991-9, MCL 338.3501.
B. Department of Labor and Economic Growth" means the principal department of state government created by section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, and renamed by Executive Order No. 1996-2, MCL 445.2001, and by Executive Order No. 2003-18, MCL 445.2011.
C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the State Board of Forensic Polygraph Examiners are transferred by Type III transfer to the Department of Labor and Economic Growth.
B. The State Board of Forensic Polygraph Examiners is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Labor and Economic Growth shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Labor and Economic Growth in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the State Board of Forensic Polygraph Examiners for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Labor and Economic Growth.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-25
Abolishing the State School District Accountability Board
Department of Education
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, Section 3 of Article VIII of the Michigan Constitution of 1963 vests leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, in an elected State Board of Education;
WHEREAS, 1999 PA 10 removed the elected school board for the Detroit Public School District and replaced the board with an appointed board consisting of six appointees and the State Superintendent of Public Instruction;
WHEREAS, 1999 PA 10 also created within the Department of Education a School District Accountability Board consisting of the State Superintendent of Public Instruction, the State Treasurer, the State Budget Director, and two persons appointed by Governor John M. Engler to review district improvement plans submitted by the appointed school board and monitor any progress being made in achieving goals and benchmarks under the plan;
WHEREAS, under 1999 PA 10, the powers of the School District Accountability Board were limited to a qualifying school district in which an appointed school reform board is in place, such as the board appointed for the Detroit Public School District in 1999;
WHEREAS, the takeover of the Detroit Public School District by an appointed board mandated under 1999 PA 10 was a failure, resulting in a $198 million deficit during Fiscal Year 2005;
WHEREAS, 2003 PA 303 amended 1990 PA 10 to end the state takeover of the Detroit Public School District, allowing Detroit voters, rather than Lansing lawmakers, to determine the powers of the Detroit School Board and what is best for their schools and their children;
WHEREAS, when given a choice, Detroit voters chose to govern their school district by an elected board in the same manner as other districts throughout this state, and the elected board they selected is now in place;
WHEREAS, return to an elected school board for Detroit Public Schools eliminates the need for a special School District Accountability Board to provide state oversight of an appointed board for the Detroit Public School District;
WHEREAS, the functions of the School District Accountability Board are best vested in elected officials directly accountable to the public;
WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to change the organization of the executive branch of state government;
NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in me by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Department" means the Department of Education, a principal department of state government created under Section 300 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.400.
B. "School District Accountability Board" means the board created within the Department under Section 376 of The Revised School Code, MCL 380.376, consisting of the Superintendent of Public Instruction, the State Treasurer, the State Budget Director, and gubernatorial appointees.
C. "State Board of Education" means the elected State Board of Education created under Section 3 of Article VIII of the Michigan Constitution of 1963.
D. "Superintendent of Public Instruction" means the principal executive officer of the Department appointed by the State Board of Education as provided under Section 3 of Article VIII of the Michigan Constitution of 1963.
II. ABOLISHMENT OF THE SCHOOL DISTRICT ACCOUNTABILITY BOARD FOR THE DETROIT PUBLIC SCHOOL DISTRICT
A. All of the authority, powers, duties, functions, responsibilities, rule-making authority, records, personnel, property, unexpended balances of appropriations, allocations, or other funds of the School District Accountability Board are transferred to the elected State Board of Education.
B. The School District Accountability Board is abolished.
III. IMPLEMENTATION
A. The Superintendent of Public Instruction shall immediately initiate coordination to facilitate the implementation of the transfers under this Order.
B. The Superintendent of Public Instruction shall provide executive direction and supervision for the implementation of all transfers to the State Board of Education under this Order. The functions transferred to the State Board of Educationunder this Order shall be administered under the direction and supervision of the State Board of Education, including, butnot limited to, any prescribed functions of rule-making, licensing, registration, and the prescription of rules, regulations, standards, and adjudications.
C. All records, personnel, property, and funds used, held, employed, or to be made available to the School District Accountability Board for the activities transferred to the State Board of Education under this Order are transferred to the State Board of Education.
D. The Superintendent of Public Instruction and the Chairperson of the School District Accountability Board shall develop a memorandum of record identifying any pending settlements, issues of compliance with any applicable state or federal laws or regulations, or other obligations to be resolved by the School District Accountability Board.
E. The State Board of Education shall administer the assigned functions transferred under this Order in such ways as to promote efficient administration and the Superintendent of Public Instruction shall make organizational changes within the Department as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
F. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary to implement this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand and seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-26
Abolishing the Task Force on Local Government Services and Fiscal Stability
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, the Task Force on Local Government Services and Fiscal Stability has completed the work for which it was created;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
A. The Task Force on Local Government Services and Fiscal Stability created by Executive Order 2005-9 is abolished.
B. Executive Order 2005-9 is rescinded in its entirety.
The provisions of this Order are effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-27
Abolishing the Commission on Higher Education and Economic Growth in Macomb County
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, the Commission on Higher Education and Economic Growth in Macomb County has completed the work for which it was created;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
A. The Commission on Higher Education and Economic Growth in Macomb County created by Executive Order2006-11 is abolished.
B. Executive Orders 2006-11 and 2006-22 are rescinded in their entirety.
The provisions of this Order are effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-28
Abolishing the Michigan Task Force on Elder Abuse
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, the Michigan Task Force on Elder Abuse has completed the work for which it was created;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
A. The Michigan Task Force on Elder Abuse created by Executive Order 2005-11 is abolished.
B. Executive Orders 2005-11 and 2005-15 are rescinded in their entirety.
The provisions of this Order are effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following message from the Governor was received on May 3, 2007, and read:
EXECUTIVE ORDER
No.2007-29
Abolishing the Advisory Committee on Septage Waste Storage Facility Management Practices
Department of Environmental Quality
Executive Reorganization
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;
WHEREAS, Section 2 of Article V 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;
WHEREAS, there is a continuing need to reorganize functions amongst state departments to ensure efficient administration and effectiveness of government;
WHEREAS, abolishing the Advisory Committee on Septage Waste Storage Facility Management Practices provided for under Section 11715d of the Natural Resources and Protection Act, 1994 PA 451, MCL 324.11715d, will contribute to a smaller and more efficient state government;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:
I. DEFINITIONS
As used in this Order:
A. "Advisory Committee on Septage Waste Storage Facility Management Practices" means the committee convened under Section 11715d of the Natural Resources and Protection Act, 1994 PA 451, MCL 324.11715d, to make recommendations on septage waste storage facility management practices, including, but not limited to, storage facility inspections.
B. "Department of Environmental Quality" means the principal department of state government created under Executive Order 1995-18, MCL 324.99903.
C. "Type III transfer" means that term as defined under Section 3(c) of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.103.
II. TRANSFER OF AUTHORITY
A. All of the authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Advisory Committee on Septage Waste Storage Facility Management Practices are transferred by Type III transfer to the Department of Environmental Quality.
B. The Advisory Committee on Septage Waste Storage Facility Management Practices is abolished.
III. IMPLEMENTATION OF TRANSFERS
A. The Director of the Department of Environmental Quality shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order.
B. The functions transferred under this Order shall be administered by the Director of the Department of Environmental Quality in such ways as to promote efficient administration.
C. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Advisory Committee on Septage Waste Storage Facility Management Practices for the activities, powers, duties, functions, and responsibilities transferred under this Order are transferred to the Department of Environmental Quality.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system necessary for the implementation of this Order.
IV. MISCELLANEOUS
A. All rules, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.
B. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entityaffected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.
In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective July 15, 2007 at 12:01 a.m.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 2nd day of May, in the year of our Lord, two thousand seven.
Jennifer M. Granholm
Governor
By the Governor:
Terri L. Land
Secretary of State
The Executive Order was referred to the Committee on Government Operations and Reform.
The following messages from the Governor were received and read:
May 3, 2007
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Sections 302 and 1202 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.1202:
Michigan Board of Cosmetology
Mr.Theodore Lakkides of 3941 Lotus Drive, Waterford, Michigan 48329, county of Oakland, succeeding Charlene Donofrio, who has resigned, representing the general public, for a term commencing May 3, 2007 and expiring December 31, 2010.
May 7, 2007
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to state office pursuant to Executive Order 2001-5, MCL 28.621:
Michigan Commission on Law Enforcement Standards
Mr.Richard A. Mattice of 7237 22nd Avenue, Jenison, Michigan 49428, county of Ottawa, succeeding James Q. St.Louis, whose term has expired, representing individuals submitted by the Michigan Association of Chiefs of Police, for a term commencing May 7, 2007 and expiring November 1, 2009.
Mr.John P. Buczek III of 4770 Perwood Drive, Saginaw, Michigan 48638, county of Saginaw, reappointed to represent individuals submitted by the Michigan Chapter of the Fraternal Order of Police, for a term expiring November 1, 2009.
Mr.Michael R. Moorman of 8933 South Christine Drive, Brighton, Michigan 48114, county of Livingston, reappointed to represent individuals submitted by the Michigan State Police Troopers Association, for a term expiring November 1, 2009.
Mr.Gene L. Wriggelsworth of 2655 Maritime Drive, Lansing, Michigan 48911, county of Ingham, reappointed to represent individuals submitted by the Michigan Sheriffs' Association, for a term expiring November 1, 2009.
Sincerely,
Jennifer M. Granholm
Governor
The appointments were referred to the Committee on Government Operations and Reform.
Third Reading of Bills
The following bill was read a third time:
House Bill No.4327, entitled
A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.91 Yeas--38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No.98, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10 (MCL 247.660), as amended by 2006 PA 178.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.92 Yeas--38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays--0
Excused--0
Not Voting--0
In The Chair: President
The Senate agreed to the title of the bill.
General Orders
Senator Cropsey moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Kuipers as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
Senate Bill No.56, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 545.
The bill was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.105, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8511 and 8513 (MCL 600.8511 and 600.8513), section 8511 as amended by 1999 PA 75 and section 8513 as added by 1984 PA 278.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Kahn, Pappageorge, Barcia, Gilbert, Garcia and Brater introduced
Senate Bill No.479, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 653b.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Kahn, Pappageorge, Barcia and Gilbert introduced
Senate Bill No.480, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12g of chapter XVII (MCL 777.12g), as added by 2002 PA 34.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators McManus, George, Jacobs, Brater, Garcia, Birkholz and Gleason introduced
Senate Bill No.481, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12601 (MCL 333.12601), as amended by 1988 PA 315.
The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.
Senators Gleason, Clark-Coleman, Basham, Barcia, Cherry, Scott, Brater, Jacobs, Hunter, Clarke, Thomas, Olshove, Schauer and Switalski introduced
Senate Bill No.482, entitled
A bill to amend 2006 PA 479, entitled "Michigan promise grant act," by amending sections 2 and 4 (MCL 390.1622 and 390.1624).
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No.4047, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511c; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.4367, entitled
A bill to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; to make appropriations; and to repeal acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No.4369, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2006 PA 648.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No.4370, entitled
A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 3 (MCL 211.903), as amended by 2002 PA 244.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No.4371, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending sections 14 and 14a (MCL 207.564 and 207.564a), section 14 as amended by 1996 PA 1 and section 14a as amended by 1994 PA266.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No.4485, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11502,11503, 11504, 11505, 11506, 11512, 11514, 11516, 11527a, 11529, and 11541 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11506, 324.11512, 324.11514, 324.11516, 324.11527a, 324.11529, and 324.11541), section 11502 as amended by 2004 PA 35, sections 11503 and 11506 as amended by 1998 PA 466, section 11504 as amended by 1996 PA 359, sections 11512 and 11516 as amended by 2004 PA 325, section 11514 as amended by 2005 PA 243, section 11527a as added by 2004 PA 42, and sections 11529 and 11541 as amended by 1996 PA 358, and by adding section 11515a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.4486, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections11507a, 11511, 11526a, 11533, 11534, 11535, 11536, 11537, 11538, 11539a, and 11547 (MCL 324.11507a, 324.11511, 324.11526a, 324.11533, 324.11534, 324.11535, 324.11536, 324.11537, 324.11538, 324.11539a, and 324.11547), section 11507a as amended by 2004 PA 39, section 11511 as amended by 2004 PA 325, section 11526a as added by 2004 PA 40, sections 11533, and 11538 as amended by 2004 PA 44, and section 11547 as amended by 1998 PA 466; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.4597, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 504 (MCL 324.504), as amended by 2004 PA 130.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.4628, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 15, 16, 17, 18, 21, 22, 23, 24, 26, 28, 29, 30, 33, 34, 35, 36, 41, 42, 46, 47, 50, 51, 55, 57, 63, 64, 65, 67, 68, and 69 (MCL 169.215, 169.216, 169.217, 169.218, 169.221, 169.222, 169.223, 169.224, 169.226, 169.228, 169.229, 169.230, 169.233, 169.234,169.235, 169.236, 169.241, 169.242, 169.246, 169.247, 169.250, 169.251, 169.255, 169.257, 169.263, 169.264, 169.265, 169.267, 169.268, and 169.269), sections 15, 26, 29, 42, 47, 57, and 69 as amended by 2001 PA 250, section 16 as amended by 2000 PA 50, sections 17, 21, 23, and 51 as amended by 1989 PA 95, section 18 as amended by 2006 PA 89, sections 22, 24, 28, and 41 as amended by 1999 PA 237, section 30 as added by 1997 PA 71, sections 33 and 34 as amended by 1999 PA 238, section 35 as amended by 2000 PA 75, section 36 as amended by 1996 PA 590, section 50 as added by 1994 PA 385, section 55 as amended by 1995 PA 264, sections 64 and 65 as amended by 1993 PA 262, and section 67 as amended by 1994 PA 411, and by adding sections 43a, 48, and 57a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Campaign and Election Oversight.
Statements
Senator Scott asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Scott's statement is as follows:
Hannibal, who lived several hundred years before Christ, is remembered in history as one of the greatest military leaders of all time. His strategy was: "We will either find a way or make one."
Well, it seems that during the past several decades that we've been addressing this issue, we have been unable to find a way to solve the problem of inequitable insurance rates in Michigan. So my colleagues and I joined together to make one. The foundation of that solution can be found on your desks in the form of Senate Bill Nos. 37 and 38.
Let's join together to tackle this issue and make a solution.
Committee Reports
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.338, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 513.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.412, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261d.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.440, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the title and section 501 (MCL 324.501), the title as amended by 2005 PA 116.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.441, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 503 (MCL 324.503), as amended by 2004 PA 587.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.442, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40105 (MCL 324.40105), as added by 1995 PA 57.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
Senate Bill No.443, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section48702 (MCL 324.48702), as amended by 1996 PA 200.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources and Environmental Affairs submitted the following:
Meeting held on Wednesday, May 2, 2007, at 1:00p.m., Room 110, Farnum Building
Present: Senators Birkholz (C), Van Woerkom, Patterson, Basham and Prusi
The Committee on Finance reported
Senate Bill No.276, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2004 PA 79.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Nancy Cassis
Chairperson
To Report Out:
Yeas: Senators Cassis, Gilbert, McManus, Prusi, Jacobs and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Thursday, May 3, 2007, at 12:04p.m., Room 110, Farnum Building
Present: Senators Cassis (C), Gilbert, McManus, Prusi, Jacobs and Whitmer
Excused: Senator Jansen
The Committee on Appropriations reported
Senate Bill No.134, entitled
A bill to authorize the state administrative board to convey certain parcels of state owned property in Ingham county and Wayne county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments and agencies in relation to the conveyances; to provide for disposition of revenue derived from the conveyances; and to provide for the release of certain reversionary rights held by the state.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No.222, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by various agencies.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
House Concurrent Resolution No.8.
A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group A, Special Maintenance Roof Repairs (the "Facility").
(For text of resolution, see Senate Journal No.36, p. 474.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry and Clark-Coleman
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.9.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Phase I, Phase II, Group D, Joint Operations Center.
(For text of resolution, see Senate Journal No.36, p. 474.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.10.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Bay de Noc Community College relative to the Bay de Noc Community College West Campus Facility.
(For text of resolution, see Senate Journal No.36, p. 475.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.11.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Southwestern Michigan College relative to the Southwestern Michigan College Information Technology Center Renovations.
(For text of resolution, see Senate Journal No.36, p. 476.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.12.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Lansing Community College relative to the Lansing Community College University Center.
(For text of resolution, see Senate Journal No.36, p. 477.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.13.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the MidMichigan Community College Science and Technology Center.
(For text of resolution, see Senate Journal No.36, p. 478.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.14.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Montcalm Community College relative to the Montcalm Community College Life Science Training Facility.
(For text of resolution, see Senate Journal No.36, p. 479.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.15.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Saginaw Valley State University relative to the Saginaw Valley State University Pioneer Hall Renovations.
(For text of resolution, see Senate Journal No.36, p. 479.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.16.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Schoolcraft College relative to the Schoolcraft College Technical Services Facility.
(For text of resolution, see Senate Journal No.36, p. 480.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.17.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Instructional Resource Center.
(For text of resolution, see Senate Journal No.36, p. 481.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Appropriations reported
House Concurrent Resolution No.19.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Chemistry Building Renovations/Cooling Towers.
(For text of resolution, see Senate Journal No.38, p. 513.)
With the recommendation that the concurrent resolution be adopted.
Ron Jelinek
Chairperson
To Report Out:
Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
Nays: None
The concurrent resolution was placed on the order of Resolutions.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, May 2, 2007, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Jelinek (C), Pappageorge, Hardiman, Kahn, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott
The Committee on Health Policy reported
Senate Bill No.278, entitled
A bill to promote the availability and affordability of health coverage in this state and to facilitate the purchase of that coverage; to create the Michigan helping ensure affordable and reliable treatment exchange and board; to provide for a determination of eligible health coverage plans; to provide for a determination of eligibility for assistance of certain enrollees; to prescribe certain powers and duties of certain officials and departments of this state; to provide for certain funds; to provide for the collection and disbursement of certain payments and surcharges; and to provide for certain reports.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas M. George
Chairperson
To Report Out:
Yeas: Senators George, Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No.280, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding sections 409b and 419c.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas M. George
Chairperson
To Report Out:
Yeas: Senators George, Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No.283, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3519 (MCL 500.3519), as amended by 2005 PA 306, and by adding sections 2264b and 3406s.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas M. George
Chairperson
To Report Out:
Yeas: Senators George, Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Wednesday, May 2, 2007, at 3:00p.m., Room 405, Capitol Building
Present: Senators George (C), Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs
The Committee on Energy Policy and Public Utilities reported
Senate Bill No.410, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending the title and sections 101, 102, 201, 202, 203, 205, 301, 302, 303, 306, 307, 308, 312, 319, 320, and 401 (MCL 484.1101, 484.1102, 484.1201, 484.1202, 484.1203, 484.1205, 484.1301, 484.1302, 484.1303, 484.1306, 484.1307, 484.1308, 484.1312, 484.1319, 484.1320, and 484.1401), the title as amended by 1994 PA 36, sections 102 and 303 as amended by 1999 PA 80, section 201 as amended by 1999 PA 78, section 205 as amended by 1998 PA 23, sections 301 and 401 as amended by 2006 PA 249, section 308 as amended by 1994 PA 29, section 319 as added by 1989 PA 36, and section 320 as amended by 1998 PA 122, and by adding sections 401a, 401b, and 401c.
With the recommendation that the substitute (S-1) be adopted and that the bill then be adopted.
The committee further recommends that the bill be given immediate effect.
Bruce Patterson
Chairperson
To Report Out:
Yeas: Senators Patterson, Brown, Birkholz, Richardville, Olshove and Prusi
Nays: Senator Kuipers
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Energy Policy and Public Utilities reported
Senate Bill No.411, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 402, 403, 404, 405, 406, 407, 408, 410, 412, 413, 502, 504, 506, 601, 602, 605, 712, 714, 716, and 717 (MCL 484.1402, 484.1403, 484.1404, 484.1405, 484.1406, 484.1407, 484.1408, 484.1410, 484.1412, 484.1413, 484.1502, 484.1504, 484.1506, 484.1601, 484.1602, 484.1605, 484.1712, 484.1714, 484.1716, and 484.1717), sections 403, 404, 405, and 406as amended by 1999 PA 81, sections 407, 410, and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, section 413 as added and section 717 as amended by 2006 PA 249, section 601 as amended and section 605 as added by 1999 PA 80, section 602 as amended by 2004 PA 515, and sections 712, 714, and 716 as added by 1999 PA 79; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Bruce Patterson
Chairperson
To Report Out:
Yeas: Senators Patterson, Brown, Birkholz, Richardville, Olshove and Prusi
Nays: Senator Kuipers
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy Policy and Public Utilities submitted the following:
Meeting held on Thursday, May 3, 2007, at 1:00p.m., Room 210, Farnum Building
Present: Senators Patterson (C), Brown, Birkholz, Kuipers, Richardville, Olshove and Prusi
Excused: Senator Thomas
COMMITTEE ATTENDANCE REPORT
The Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Thursday, May 3, 2007, at 9:00a.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators McManus (C), Jelinek, Brown, Cropsey, Hardiman, Pappageorge, Switalski, Cherry, Clark-Coleman and Scott
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Environmental Quality submitted the following:
Meeting held on Thursday, May 3, 2007, at 1:00p.m., Room 405, Capitol Building
Present: Senators Garcia (C), Cropsey and Brater
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Community Health submitted the following:
Meeting held on Thursday, May 3, 2007, at 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Kahn (C), Pappageorge, George, Stamas, Cherry, Barcia and Switalski
Scheduled Meetings
Appropriations - Wednesday, May 9, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)
Subcommittees -
Community Colleges - Friday, May 11, 9:00a.m., Bay de Noc Community College, Joseph Heirman University Center, 2001 N. Lincoln Road, Escanaba; and Wednesday, May 16, 9:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Community Health Department - Thursday, May 17, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Environmental Quality Department - Thursday, May 10, 9:00a.m., Room 405, Capitol Building, and 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building; Tuesday, May 15, 4:00p.m., Room 405, Capitol Building (373-2768)
Higher Education - Friday, May 11, 2:00p.m., Michigan Technological University, Advanced Technology Development Center, 1402 East Sharon Avenue, Houghton (373-2768)
Judiciary and Corrections - Wednesdays, May 9 and May 16, 3:00p.m., Rooms 402 and 403, Capitol Building (373-2768)
K-12, School Aid, Education - Tuesday, May 15, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Natural Resources Department - Tuesdays, May 15 (CANCELED) and May 29, 12:00 noon or later immediately following session, Room 405, Capitol Building (373-2768)
Banking and Financial Institutions - Wednesday, May 9, 9:00a.m., Room 210, Farnum Building (373-3543)
Economic Development and Regulatory Reform - Wednesday, May 9, 1:00p.m., Rooms 402 and 403, Capitol Building (373-7670)
Education - Thursday, May 10, 2:30p.m., Room 100, Farnum Building (373-6920)
Energy Policy and Public Utilities - Thursday, May 10, 1:00p.m., Room 210, Farnum Building (373-7350)
Finance - Thursday, May 10, 11:00a.m. or later immediately following session, Room 110, Farnum Building (373-1758)
Health Policy - Wednesday, May 9, 3:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)
Natural Resources and Environmental Affairs - Wednesday, May 9, 2:00p.m., Room 110, Farnum Building (373-3447)
State Drug Treatment Court Advisory Committee - Tuesday, May 22, 9:30a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 10:34a.m.
The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, May 9, 2007, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate