January 20, 2010, Introduced by Senators BISHOP, CROPSEY, GEORGE, PAPPAGEORGE, CASSIS, GILBERT and JELINEK and referred to the Committee on Reforms and Restructuring.
A bill to reorganize the executive and administrative agencies
of state government; to establish principal state departments and
department heads; to allocate executive and administrative powers,
duties, functions, and services among the principal state
departments; to prescribe the powers and duties of principal state
departments and other agencies and officials; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 1. GENERAL SECTIONS
Sec. 101. This act shall be known and may be cited as the
"executive reorganization act of 2010".
Sec. 102. As used in this act:
(a) "Head of the department" means the head of 1 of the
principal state departments created by this act.
(b) "Type I transfer" means transferring intact an existing
department, board, commission, or agency to a principal state
department established by this act. When any board, commission, or
other agency is transferred to a principal state department under a
type I transfer, that board, commission, or agency shall be
administered under the supervision of that principal state
department. Any board, commission, or other agency granted a type I
transfer shall exercise its prescribed statutory powers, duties,
and functions of rule-making, licensing, and registration,
including the prescription of rules, rates, regulations and
standards, and adjudication independently of the head of the
department. Under a type I transfer, all budgeting, procurement,
and related management functions of any transferred board, agency,
or commission shall be performed under the direction and
supervision of the head of the principal state department.
(c) "Type II transfer" means transferring an existing
department, board, commission, or agency to a principal state
department established by this act. Any department, board,
commission, or agency assigned to a type II transfer under this act
shall have all its statutory authority, powers, duties, functions,
records, personnel, property, and unexpended balances of
appropriations, allocations, or other funds, including the
functions of budgeting and procurement, transferred to that
principal state department.
(d) "Type III transfer" means abolishing an existing
department, board, commission, or agency and transferring all its
statutory authority, powers, duties, functions, records, personnel,
property, and unexpended balances of appropriations, allocations,
or other funds to a principal state department as specified under
this act.
Sec. 103. (1) Except as otherwise provided in the state
constitution of 1963, all executive and administrative powers,
duties, and functions, excepting those of the legislature and
judiciary, previously vested by law in the several state
departments, commissions, boards, officers, bureaus, divisions, or
other agencies are vested in the following principal state
departments:
(a) Department of agriculture.
(b) Department of attorney general.
(c) Department of business assistance.
(d) Department of education.
(e) Department of health and human services.
(f) Department of natural resources and environment.
(g) Department of public safety.
(h) Department of state.
(i) Department of technology, management, and budget.
(j) Department of transportation.
(k) Department of treasury.
(2) Any board, commission, or agency not enumerated within
this act but established by law within a department whose powers,
duties, and functions are transferred under this act is transferred
to that successor department and shall continue to exercise all its
powers, duties, and functions within the principal state department
as otherwise provided by law.
Sec. 104. If a principal state department is headed by a
commission, the commission may delegate such duties, powers, and
authority to the director of the department as it considers
necessary to fulfill its duties and obligations.
Sec. 105. A deputy department head shall perform duties and
exercise powers that the head of the principal state department
prescribes. Unless the head of a department is a commission, a
deputy department head shall act for, and exercise the powers of,
the head of the principal state department during his or her
absence or disability.
Sec. 106. (1) Except as provided by law, the head of each
principal state department with the approval of the governor may
establish the internal organization of that department and allocate
and reallocate duties and functions to promote economic and
efficient administration and operation of the department. A
substantive function vested by law in any officer or agency within
the principal state department shall not be removed from the
jurisdiction of that officer or agency under this section.
(2) Except as provided by law, if any department, commission,
or board or other agency is transferred by a type II or type III
transfer to a principal state department under the provisions of
this act, the powers, duties, and functions of the department,
commission, or board or other agency shall be administered under
the direction and supervision of the head of the principal state
department. When a department, commission, or board or other agency
is transferred by a type II or type III transfer to a principal
state department, all prescribed statutory functions of rule-
making, licensing, and registration including the prescription of
rules and adjudications shall be transferred to the head of the
principal state department into which the department, commission,
or board or other agency has been incorporated.
Sec. 107. (1) Heads of principal state departments,
commissions, and boards and principal executive officers of
departments, commissions, and boards shall receive compensation
prescribed by law.
(2) Directors of departments, commissions, and boards that are
established in or transferred to a principal state department shall
not engage in any business, vocation, or employment other than the
duties of the office. Members of boards and commissions may so
engage unless specifically prohibited by law.
Sec. 108. All powers, duties, and functions vested in the
office of governor are continued, except as otherwise provided by
this act.
Sec. 109. The head of each principal state department shall do
all of the following:
(a) Not later than September 1, 2010, for each of the
department's significant programs develop a mission statement,
identify the outcomes the program seeks to achieve, and specify the
outcome indicators that the program will use to track performance
for the outcome.
(b) Beginning November 1, 2010 and each November 1 thereafter,
include with the department's proposed budget to the state budget
office performance data and provide a report including the
performance data to the senate and house appropriations committees
when the governor submits his or her budget to the legislature.
These reports shall be posted on the department's website. The
department shall review the performance data annually and update
the performance data in subsequent reports.
(c) When establishing an internal organization for the
department, do all of the following:
(i) Allocate and reallocate duties and functions to promote
economic and efficient administration and operation of the
department.
(ii) Focus resources on providing direct services to citizens.
(iii) Create horizontal organizations that reduce layers of
bureaucracy.
(iv) Use technology whenever possible to increase efficiency
and productivity.
(v) Submit a plan to implement this subdivision with timelines
for implementation to the legislature not later than July 1, 2010.
(d) By January 1, 2011, submit a plan to benchmark or peer
review all significant programs within the department over a 5-year
period. The benchmarking or peer reviewing shall be made against
similar programs considered best in class. Department heads shall
use the results to improve program performance.
(e) Create a searchable website that provides information on
the expenditure of state funds by the state department. As used in
this subdivision, "expenditure of state funds" means the
expenditure of all appropriated or nonappropriated funds by a state
agency that includes, but is not limited to, all of the following:
(i) State purchases.
(ii) Contracts and subcontracts.
(iii) Grants.
Sec. 110. Unless specifically authorized by state law, a
principal state department or type I agency within a principal
state department shall not promulgate or implement rules that are
more stringent than federal law.
CHAPTER 2. DEPARTMENT OF AGRICULTURE
Sec. 201. The department of agriculture is established.
Sec. 202. The head of the department of agriculture is the
commission of agriculture.
Sec. 203. All powers, duties, and functions now vested by law
in the department of agriculture are transferred by a type II
transfer to the department of agriculture.
CHAPTER 3. DEPARTMENT OF ATTORNEY GENERAL
Sec. 301. The department of attorney general is established.
Sec. 302. The head of the department of attorney general is
the attorney general.
Sec. 303. (1) All powers, duties, and functions now vested by
law in the department of attorney general are transferred by a type
II transfer to the department of attorney general.
(2) The department of civil rights is abolished and all
powers, duties, and functions now vested by law in the department
of civil rights other than those prescribed to the civil rights
commission established in section 29 of article V of the state
constitution of 1963 are transferred by a type III transfer to the
department of attorney general.
Sec. 304. The civil rights commission established in section
29 of article V of the state constitution of 1963 shall be housed
within the department of attorney general. The civil rights
commission shall carry out the powers, duties, and functions
prescribed by the state constitution of 1963 and as otherwise
provided by law.
CHAPTER 4. DEPARTMENT OF BUSINESS ASSISTANCE
Sec. 401. The department of business assistance is
established.
Sec. 402. The head of the department of business assistance is
the director of the department of business assistance.
Sec. 403. (1) The department of energy, labor, and economic
growth is abolished and all powers, duties, and functions now
vested by law in the department of energy, labor, and economic
growth are transferred by a type III transfer to the department of
business assistance.
(2) All powers, duties, and functions now vested by law in the
Michigan strategic fund are transferred by a type I transfer to the
department of business assistance.
(3) All permitting and licensing functions, other than
hunting, fishing, and trapping licenses, that are administered by a
principal state department are transferred to the department of
business assistance for administration by the department of
business assistance.
CHAPTER 5. DEPARTMENT OF EDUCATION
Sec. 501. The department of education is established.
Sec. 502. The head of the department of education is the state
board of education.
Sec. 503. The principal executive officer of the department of
education is the superintendent of public instruction.
Sec. 504. All powers, duties, and functions now vested by law
in the department of education are transferred by a type II
transfer to the department of education.
CHAPTER 6. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Sec. 601. The department of health and human services is
established.
Sec. 602. The head of the department of health and human
services is the director of the department of health and human
services.
Sec. 603. (1) The department of community health is abolished
and all powers, duties, and functions now vested by law in the
department of community health are transferred by a type III
transfer to the department of health and human services.
(2) The department of human services is abolished and all
powers, duties, and functions now vested by law in the department
of human services are transferred by a type III transfer to the
department of health and human services.
CHAPTER 7. DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENT
Sec. 701. The department of natural resources and environment
is established.
Sec. 702. The head of the department of natural resources and
environment is the director of the department of natural resources
and environment.
Sec. 703. All powers, duties, and functions now vested by law
in the department of natural resources and environment are
transferred by a type II transfer to the department of natural
resources and environment.
CHAPTER 8. DEPARTMENT OF PUBLIC SAFETY
Sec. 801. The department of public safety is established.
Sec. 802. The head of the department of public safety is the
director of the department of public safety.
Sec. 803. (1) The department of state police is abolished and
all powers, duties, and functions now vested by law in the
department of state police are transferred by a type III transfer
to the department of public safety.
(2) The department of corrections is abolished and all powers,
duties, and functions now vested by law in the department of
corrections are transferred by a type III transfer to the
department of public safety.
(3) The department of military and veterans affairs is
abolished and all powers, duties, and functions now vested by law
in the department of military and veterans affairs are transferred
by a type III transfer to the department of public safety.
CHAPTER 9. DEPARTMENT OF STATE
Sec. 901. The department of state is established.
Sec. 902. The head of the department of state is the secretary
of state.
Sec. 903. All powers, duties, and functions now vested by law
in the department of state are transferred by a type II transfer to
the department of state.
CHAPTER 10. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET
Sec. 1001. The department of technology, management, and
budget is established.
Sec. 1002. The head of the department of technology,
management, and budget is the director of the department of
technology, management, and budget.
Sec. 1003. (1) All powers, duties, and functions now vested by
law in the department of management and budget are transferred by a
type II transfer to the department of technology, management, and
budget.
(2) The department of information technology is abolished and
all powers, duties, and functions now vested by law in the
department of information technology are transferred by a type III
transfer to the department of technology, management, and budget.
Sec. 1004. The civil service commission established in section
5 of article XI of the state constitution of 1963 shall be housed
within the department of technology, management, and budget. The
civil service commission shall carry out the powers, duties, and
functions prescribed by the state constitution of 1963 and as
otherwise provided by law.
CHAPTER 11. DEPARTMENT OF TRANSPORTATION
Sec. 1101. The department of transportation is established.
Sec. 1102. The head of the department of transportation is the
state transportation commission.
Sec. 1103. The principal executive officer of the department
of transportation is the director of the department of
transportation.
Sec. 1104. All powers, duties, and functions now vested by law
in the state transportation department are transferred by a type II
transfer to the department of transportation.
CHAPTER 12. DEPARTMENT OF TREASURY
Sec. 1201. The department of treasury is established.
Sec. 1202. The head of the department of treasury is the state
treasurer.
Sec. 1203. All powers, duties, and functions now vested by law
in the department of treasury are transferred by a type II transfer
to the department of treasury.
CHAPTER 21. REPEALERS
Sec. 2101. The executive organization act of 1965, 1965 PA
380, MCL 16.101 to 16.608, is repealed.