MCL 324.99909 Transfer of powers and duties of agriculture and rural communities roundtable to department of environmental quality by type III transfer; abolishment of agriculture and rural communities roundtable.
324.99909. Transfer of powers and duties of agriculture and rural communities roundtable to department of environmental quality by type III transfer; abolishment of agriculture and rural communities roundtable.
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 entity affected 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.
2007, E.R.O. No. 2007-9, Eff. July 15, 2007
[Compiler] For transfer of powers and duties of department of environmental quality to department of natural resources and environment, and abolishment of the department of environmental quality, see E.R.O. No. 2009-31, compiled at MCL 324.99919.