MCL 445.2001 Renaming of Department of Commerce As Department of Consumer and Industry Services; Transfer of Powers and Duties of Various Boards, Commissions, and Other Agencies; Abolishment of the Department of Labor

• Library: Michigan Statutes
• Edition: 2023
• Currency: Current through Public Act 321 of the 2023 Legislative Session
• Year: 2023
• Citation: MCL 445.2001

WHEREAS, Article V, Section 1, of the Constitution of the State of Michigan of 1963 vests the executive power in the Governor; and

WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, Article V, Section 8, of the Constitution of the State of Michigan of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and

WHEREAS, the functions of licensing, permitting and registration of professions and occupations have historically been housed in various state departments and agencies; and

WHEREAS, reorganizing licensing, permitting and registration functions into one principal department will ensure the most efficient use of taxpayer dollars and will allow the state to offer more streamlined services; and

WHEREAS, it is desirable to continue the process begun in Executive Orders 1991-9 and 1996-1 of centralizing the functions of licensing, permitting and registration of professions and occupations to the greatest extent possible; and

WHEREAS, there is a continued need to reorganize functions amongst state departments to ensure efficient administration; and

WHEREAS, it is necessary in the interest of efficient administration and effectiveness in government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

I. DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

1. The Michigan Department of Commerce is hereby renamed the Michigan Department of Consumer and Industry Services.

2. The Director of the Department of Consumer and Industry Services shall provide executive direction and supervision for the implementation of all transfers of authority to the Department of Consumer and Industry Services made under this Order.

3. The Director of the Department of Consumer and Industry Services shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

4. The Director of the Department of Consumer and Industry Services and the directors of all other state departments and agencies having authority transferred to the Department of Consumer and Industry Services under this Order shall immediately initiate coordination to facilitate the transfer and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.

5. Consistent with Section 3(a) of Act No. 380 of Public Acts of 1965, as amended, being Section 16.103(a) of the Michigan Compiled Laws, the administration, budgeting, procurement and related management functions of each Type I agency transferred to, or which is otherwise within the Department of Consumer and Industry Services, shall be under the supervision of the Director of the Department of Consumer and Industry Services, with each Type I agency only executing its prescribed statutory functions of rule-making, licensing and registration including the prescription of rules, rates, regulation and standards, and adjudication independently of the Director.

6. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to any entity for the activities, powers, duties, functions and responsibilities transferred to the Department of Consumer and Industry Services by this Order are hereby transferred to the Department of Consumer and Industry Services.

7. The Director of the Department of Consumer and Industry Services may by written instrument delegate a duty or power conferred by law or this Order and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of Consumer and Industry Services.

8. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.

9. All rules, orders, contracts and agreements relating to the functions transferred to the Department of Consumer and Industry Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended or rescinded.

10. Any suit, action or other proceeding lawfully commenced by, against or before any entity transferred to the Department of Consumer and Industry Services by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

II. DEPARTMENT OF COMMERCE

1. All the statutory authority, powers, duties, functions and responsibilities of the Corporation and Securities Commission created by Act No. 265 of the Public Acts of 1964, as amended, being Sections 451.1 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

2. All the statutory authority, powers, duties, functions and responsibilities of the Corporation and Securities Bureau under the Uniform Securities Act, Act No. 265 of the Public Acts of 1964, as amended, being Sections 451.501 et seq. of the Michigan Compiled Laws; the Debt Management Act, Act No. 148 of the Public Acts of 1975, as amended, being Sections 451.411 et seq. of the Michigan Compiled Laws; and the Living Care Disclosure Act, Act No. 440 of the Public Acts of 1976, as amended, being Sections 554.801 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services by a Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

3. All the statutory authority, functions, duties and responsibilities of the Mobile Home Commission created under The Mobile Home Commission Act, Act No. 96 of the Public Acts of 1987, as amended, being Sections 125.2301 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services by a Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

4. All the statutory authority, powers, duties, functions, and responsibilities of the State Survey and Remonumentation Commission created by the State Survey and Remonumentation Act, Act No. 345 of the Public Acts of 1990, as amended, being Sections 54.261 et seq. of the Michigan Compiled Laws, with the exception of the authority, powers, duties, functions and responsibilities of the Executive Director of the Survey and Remonumentation Commission, are hereby transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services by a Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws; all the statutory authority, powers, duties, functions and responsibilities of the Executive Director of the Survey and Remonumentation Commission are transferred to the Director of the Department of Consumer and Industry Services by a Type III transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws, and the position is hereby abolished.

5. All the statutory authority, powers, duties, functions and responsibilities of the State Boundary Commission created by Act No. 191 of the Public Acts of 1968, as amended, being Sections 123.1001 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services by a Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

6. Except as provided elsewhere in this Order, all the rule-making authority of the occupational and health occupation boards and related task forces created under the Occupational Code, Act No. 299 of the Public Acts of 1980, as amended, being Sections 339.101 et seq. of the Michigan Compiled Laws, and parts 161 through 188 of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended, being Sections 333.16101 of the Michigan Compiled Laws, are hereby transferred from the Department of Commerce to the Director of the Department of Consumer and Industry Services by a Type II transfer as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.