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<DIV><FONT size=2 face=Arial>I'm sending this because some of you may not be on
our listserve.</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=Arial>Mary Ann Robinson</FONT></DIV>
<DIV><FONT size=2 face=Arial></FONT> </DIV>
<DIV><FONT size=2 face=Arial>EXECUTIVE ORDER<BR>No. 2012 -2<BR>DEPARTMENT OF
LICENSING AND REGULATORY AFFAIRS<BR>DEPARTMENT OF TECHNOLOGY, MANAGEMENT AND
BUDGET<BR>DEPARTMENT OF HUMAN SERVICES<BR>DEPARTMENT OF CIVIL
RIGHTS<BR>COMMISSION FOR THE BLIND<BR>BLIND AND VISUALLY IMPAIRED SERVICES
ADVISORY BOARD<BR>MICHIGAN REHABILITATION COUNCIL<BR>MICHIGAN COUNCIL FOR
REHABILITATION SERVICES<BR>DISABILITY CONCERNS COMMISSION<BR>RESCISSION OF
EXECUTIVE ORDER 2007-48<BR>EXECUTIVE REORGANIZATION<BR>WHEREAS, Section 1 of
Article V of the Michigan Constitution of 1963 vests the executive<BR>power in
the Governor; and<BR>WHEREAS, Section 2 of Article V of the Michigan
Constitution of 1963 empowers the<BR>Governor to make changes in the
organization of the Executive Branch or in the assignment<BR>of functions among
its units that the Governor considers necessary for efficient<BR>administration;
and<BR>WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963
provides that<BR>each principal department shall be under the supervision of the
Governor, unless<BR>otherwise provided by the Constitution; and<BR>WHEREAS,
there is a continued need to reorganize functions among state<BR>departments to
ensure efficient administration; and<BR>WHEREAS, the rehabilitation needs of
Michigan residents can be best served by consolidation<BR>of existing programs
and services; and<BR>WHEREAS, the management of vendor facility programs is most
efficiently<BR>performed in conjunction with other state facility management
services;<BR>NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of
Michigan, by<BR>virtue of the powers and authority vested in the Governor by the
Michigan Constitution<BR>of 1963 and Michigan law, order the following:<BR>1.
BUSINESS ENTERPRISE PROGRAM<BR>A. Except as specified in Section I.C. of this
Order, any authority, powers, duties,<BR>functions, records, personnel,
property, unexpended balances of appropriations, allocations<BR>or other funds,
including the functions of budgeting and procurement, of the Commission<BR>for
the Blind and the Department of Licensing and Regulatory Affairs relating
to<BR>the Business Enterprise Program and other vendor licensing programs
relating to the<BR>blind or visually impaired are transferred from the
Commission for the Blind and<BR>the Department of Licensing and Regulatory
Affairs to the Department of Technology,<BR>Management and Budget, including but
not limited to the
following:<BR>1
The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL<BR>393.351 to
393.369.<BR>2
Section 7a of the Michigan Historical Commission Act, 1913 PA<BR>271,
MCL<BR>399.1 to 399.1
0.<BR>1
Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL<BR>252.51 to
252.64.<BR>2
Section 4 of the Business Opportunity Act for Persons with Disabilities,<BR>1988
PA 112, MCL 450.791 to MCL
450.795.<BR>3
Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301<BR>to MCL
399.51 0.<BR>B. Any authority, powers, duties, functions, records, property,
unexpended balances<BR>of appropriations, allocations or other funds, of the
Director of the Commission<BR>for the Blind or the Director of the Department of
Licensing and Regulatory Affairs<BR>relating to the Business Enterprise Program
or other vendor facilities and licensing<BR>programs relating to the blind or
visually impaired are transferred to the Director<BR>of the Department of
Technology, Management and Budget.<BR>C. Any authority, powers, duties,
functions, records, property, unexpended balances<BR>of appropriations,
allocations or other funds of the Commission for the Blind granted<BR>by 1999
AC, R 393.16(9, 393.34 and 393.56 are transferred to the Director of
the<BR>Department of Technology, Management and Budget.<BR>II. THE BLIND AND
VISUALLY IMPAIRED SERVICES ADVISORY BOARD<BR>A. The Blind and Visually Impaired
Services Advisory Board ("Advisory Board") is<BR>created as an advisory board
within the Department of Human Services.<BR>B. The Advisory Board shall consist
of five members appointed by, and serving at<BR>the pleasure of, the
Governor.<BR>C. The Advisory Board members shall have a particular interest or
expertise in the<BR>concerns of the blind or visually impaired community.<BR>D.
The Governor shall designate a member of the Advisory Board to serve as its
Chairperson.<BR>The Chairperson shall serve at the pleasure of the
Governor.<BR>E. The Director of the Department of Human Services shall perform
all<BR>budgeting, procurement, and related management functions of the Advisory
Board.<BR>F. The Advisory Board shall do the
following:<BR>1
Study and review the needs of the blind and visually impaired<BR>community in
this
state.<BR>2
Advise the Department concerning the coordination and administration<BR>of state
programs serving the blind and visually impaired
community.<BR>3
Recommend changes in state programs, statutes, and policies<BR>that affect the
blind and visually impaired community to the
Department.<BR>4
Secure appropriate recognition of the accomplishments and contributions<BR>of
blind and visually impaired residents of this
state.<BR>5
Monitor, evaluate, investigate, and advocate programs for the<BR>betterment of
blind and visually impaired residents of this state.<BR>Ill. MICHIGAN COMMISSION
FOR THE BLIND<BR>A. Any authority, powers, duties, functions, records,
personnel, property, unexpended<BR>balances of appropriations, allocations or
other funds, including the functions of<BR>budgeting and procurement, of the
Commission for the Blind not previously transferred<BR>to the Department of
Technology, Management and Budget under Section I. of this Order<BR>are
transferred from the Commission for the Blind and the Department of
Licensing<BR>and Regulatory Affairs to the Department of Human Services.<BR>B.
Any authority, powers, duties, functions, records, property, unexpended
balances<BR>of appropriations, allocations or other funds, including the
functions of budgeting<BR>and procurement, of the Director of the Commission for
the Blind or the Director<BR>of the Department of Licensing and Regulatory
Affairs relative to services to the<BR>blind and visually impaired and not
previously transferred to the Department of Technology,<BR>Management and Budget
under Section I. of this Order are transferred to the Director<BR>of the
Department of Human Services.<BR>IV. MICHIGAN REHABILITATION
SERVICES<BR>Michigan Rehabilitation Services is transferred by a Type II
transfer from the Department<BR>of Licensing and Regulatory Affairs to the
Department of Human Services.<BR>Any authority, powers, duties, functions,
records, personnel, property, unexpended<BR>balances of appropriations,
allocations or other funds, including the functions of<BR>budgeting and
procurement, of Michigan Rehabilitation Services are transferred from<BR>the
Department of Licensing and Regulatory Affairs to the Department of Human
Services.<BR>V. IMPLEMENTATION OF TRANSFERS<BR>A. Any authority, powers, duties,
functions, records, personnel, property, unexpended<BR>balances of
appropriations, allocations or other funds, including the functions
of<BR>budgeting and procurement, used, held, employed, available, or to be made
available<BR>to the Department of Licensing and Regulatory Affairs for the
activities, powers,<BR>duties, functions, and responsibilities transferred by
this Order are transferred<BR>to the receiving department.<BR>B. The director of
the department receiving the transfer, after consultation with<BR>the Director
of the Department of Licensing and Regulatory Affairs, shall
provide<BR>executive direction and supervision for the implementation of the
transfers. The<BR>assigned functions shall be administered under the direction
and supervision of the<BR>director of the receiving department.<BR>C. The
directors of the departments impacted by this Order shall immediately
initiate<BR>coordination to facilitate the transfers and shall develop a
memorandum of record<BR>identifying any pending settlements, issues of
compliance with applicable federal<BR>and state laws and regulations, or other
obligations to be resolved.<BR>D. The directors of the departments impacted by
this Order shall administer the functions<BR>transferred in such ways as to
promote efficient administration and shall make internal<BR>organizational
changes as may be administratively necessary to complete the realignment<BR>of
responsibilities under this Order.<BR>VI. CREATION OF MICHIGAN COUNCIL FOR
REHABILITATION SERVICES<BR>A. The Michigan Council for Rehabilitation Services
("Council") is established within<BR>the Department of Human Services.<BR>B. The
Council shall include the following sixteen (16) voting members:<BR>1. The
following members are appointed by the Governor, after soliciting
recommendations<BR>from representatives of organizations representing a broad
range of individuals with<BR>disabilities and organizations interested in
individuals with
disabilities:<BR>1.
a. One individual representing
the Statewide Independent<BR>Living Council established under Executive Order
2007-49.<BR>2.
b. One individual representing a
parent training and<BR>information center established under Section 67 1 of the
Individuals with Disabilities<BR>Education Act, Public Law 91-30, as amended, 20
USC
1471.<BR>4<BR>1.
c. One individual representing
the client assistance<BR>program established under Section 112 of the
Rehabilitation Act of 1973, Public Law<BR>93- 112, as amended, 29 USC
732.<BR>2.
d. One individual representing
qualified vocational rehabilitation<BR>counselors with knowledge of, and
experience with, vocational rehabilitation programs.<BR>The individual appointed
under this paragraph shall not be an employee of Michigan<BR>Rehabilitation
Services.<BR>3.
e. One individual representing
community rehabilitation<BR>program service
providers.<BR>4.
f. Four individuals
representing business, industry,<BR>or labor, including at least one individual
representing the Talent Investment Board<BR>created by Executive Order 201 1-1
3.<BR>
g. Four individuals representing
disability advocacy<BR>groups, including a cross-section of all of the
following:<BR>
i. Disability advocacy
groups representing individuals<BR>with physical, cognitive, sensory, and mental
disabilities.<BR>
ii. Disability groups
representing representatives<BR>of individuals with disabilities who have
difficulty in representing themselves or<BR>are unable due to their disabilities
to represent
themselves.<BR>5.
h. One individual representing
current or former applicants<BR>for, or recipients of, vocational rehabilitation
services.<BR>6.
i. One individual
representing the director of a project<BR>carried out under Section 121 of the
Rehabilitation Act of 1973, Public Law 93-1<BR>12, as amended, 29 USC 741,
providing vocational rehabilitation services grants to<BR>the governing bodies
of an Indian tribe or to a consortium of tribal governing bodies.<BR>2. The
Superintendent of Public Instruction, or his or her designee, from within<BR>the
Department of Education.<BR>C. The Bureau Director of Michigan Rehabilitation
Services shall serve as a non-voting<BR>ex officio member of the Council.<BR>D.
A majority of the members of the Council shall be individuals with
disabilities<BR>and shall not be employed by the Department of Human Services.
When appointing members<BR>of the Council, the Governor shall consider, to the
greatest extent practicable,<BR>the extent to which minority populations are
represented on the Council.<BR>E. Of the members of the Council initially
appointed by the Governor under Section<BR>VI.B., six (6) members shall be
appointed for a term expiring on December 31, 2012,<BR>five (5) members shall be
appointed for a term expiring on December 31, 201 3, and<BR>five (5) members
shall be appointed for a term expiring on December 31, 2014. After<BR>the
initial appointments, members shall be appointed for a term of three (3)
years.<BR>F. A vacancy on the Council occurring other than by expiration of a
term shall be<BR>filled by the Governor in the same manner as the original
appointment for the balance<BR>of the unexpired term. A vacancy shall not affect
the power of the remaining members<BR>to exercise the duties of the
Council.<BR>G. Except for a member appointed under Section VI.B.1 .c. or
Section<BR>VI.B.1.i., a member of the Council shall not serve more than two
consecutive full<BR>terms.<BR>VII. CHARGE TO THE COUNCIL<BR>A. After consulting
with the Talent Investment Board, the Council shall do all of<BR>the
following:<BR>1. Review, analyze, and advise Michigan Rehabilitation Services
regarding the performance<BR>of the responsibilities of Michigan Rehabilitation
Services under Sections 100 to<BR>141 of the Rehabilitation Act of 1973, Public
Law 93-1 12, as amended, 29 USC 720<BR>to 753a, particularly responsibilities
relating to all of the
following:<BR>1.
a. Eligibility, including order
of
selection.<BR>2.
b. The extent, scope, and effectiveness of services
provided.<BR>3.
c. Functions performed by state
departments and agencies<BR>that affect or that potentially affect the ability
of individuals with disabilities<BR>in achieving employment outcomes under
Sections 100 to 141 of the Rehabilitation<BR>Act of 1973, Public Law 93-1 12, as
amended, 29 USC 720 to 753a.<BR>2. In partnership with Michigan Rehabilitation
Services, do all of the
following:<BR>1.
a. Develop, agree to, and review
the goals and priorities<BR>of this state in accordance with Section 101
(a)(15)(C) of the Rehabilitation Act<BR>of 1973, Public Law 93-1 12, as amended,
29 USC 721
(a)(15)(C).<BR>2.
b. Evaluate the effectiveness of
the vocational rehabilitation<BR>program and submit reports of progress to the
federal government in accordance with<BR>Section 101 (a)(15)(E) of the
Rehabilitation Act of 1973 Public Law 93-1 12, as amended,<BR>29 USC 721
(a)(15)(E).<BR>1
Advise the Department of Human Services and Michigan Rehabilitation<BR>Services
regarding activities authorized to be carried out under Sections 100 to<BR>141
of the Rehabilitation Act of 1973, Public Law 93-1 12, as amended, 29 USC
720<BR>to 753a, and assist in the preparation of the State Plan and amendments
to the State<BR>Plan, applications, reports, needs assessments, and evaluations
required by Sections<BR>100 to 141 of the Rehabilitation Act of 1973, Public Law
93- 112, as amended, 29<BR>USC 720 to
753a.<BR>2
Perform all other functions required by 29 USC
725(c)(4)-(8).<BR>3
Perform other functions related to the Council's responsibilities<BR>as
requested by the Governor.<BR>VIII. OPERATIONS OF THE COUNCIL<BR>A. The Council
shall select from among its voting members a Chairperson of the Council<BR>and
may select other officers as it deems necessary.<BR>B. The Council shall adopt
procedures consistent with federal law, Michigan law,<BR>and this Order
governing its organization and operations.<BR>C. A majority of the voting
members of the Council serving constitutes a quorum for<BR>the transaction of
the Council's business. The Council shall act by a majority vote<BR>of the
voting members of the Council serving.<BR>D. The Council shall meet at least
four times per year in a place that the Council<BR>determines necessary to
conduct Council business and conduct forums or hearings as<BR>the Council
determines appropriate.<BR>E. The Council shall conduct all business at public
meetings held in compliance with<BR>the Open Meetings Act, 1976 PA 267, MCL
15.261 to 15.275. Public notice of the time,<BR>date, and place of each meeting
shall be given in the manner required by the Open<BR>Meetings Act, 1976 PA 267,
MCL 15.261 to 15.275.<BR>F. The Council shall carry out its functions as
required by 29 USC 725(d)-(e) and<BR>29 USC 725(g).<BR>IX. DISABILITY CONCERNS
COMMISSION<BR>All the authority, powers, duties, functions, records, personnel,
property, unexpended<BR>balances of appropriations, and allocations or other
funds, including the functions<BR>of budgeting and procurement, of the
Disability Concerns Commission, created by Executive<BR>Order 2009-40,
previously transferred by Executive Order 201 1-4 from the Department<BR>of
Licensing and Regulatory Affairs to the Department of Civil Rights by a Type
I<BR>transfer, are hereby transferred to the Department of Civil Rights by Type
Ill transfer<BR>as defined by Section 3 of Act No. 380 of the Public Acts of
1965, as amended, being<BR>Section 16.1 03 of the Michigan Compiled Laws.<BR>X.
ABOLISHED ENTITIES<BR>A. The Michigan Rehabilitation Council, created by
Executive Order 2007-48, is abolished,<BR>and Executive Order 2007-48 is
rescinded.<BR>B. The Commission for the Blind, created by MCL 393.352, and the
Commission Board,<BR>created by 1999 AC, R 391 .I et seq, are abolished.<BR>C.
The position of Director of the Commission for the Blind created by MCL
393.352(1)<BR>is abolished.<BR>D. The Disability Concerns Commission, created by
Executive Order 2009-40, is
abolished.<BR>1.
XI.
MISCELLANEOUS<BR>2.
A. All rules, orders, contracts, plans, and agreements relating<BR>to the
functions transferred to the Department of Technology, Management and
Budget<BR>and Department of Human Services by this Order lawfully adopted prior
to the effective<BR>date of this Order by the responsible state agency shall
continue to be effective<BR>until revised, amended, or
rescinded.<BR>3.
B. Any suit, action, or other proceeding lawfully commenced by,<BR>against, or
before any entity transferred to the Department of Technology, Management<BR>and
Budget and Department of Human Services by this Order shall not abate by
reason<BR>of the taking effect of this Order. Any lawfully commenced suit,
action, or other<BR>proceeding may be maintained by, against, or before the
appropriate successor of<BR>any entity affected by this
Order.<BR>4.
C. The invalidity of any portion of this Order shall not affect<BR>the validity
of the remainder of the Order, which may be given effect without any<BR>invalid
portion. Any portion of this Order found invalid by a court or other
entity<BR>with proper jurisdiction shall be severable from the remaining
portions of this Order.<BR>In fulfillment of the requirements of Section 2 of
Article V of the Michigan Constitution<BR>of 1963, the provisions of this Order
shall be effective 60 days after the filing<BR>of this Order.<BR>Given under my
hand and the Great Seal of the state of Michigan this 24th day of<BR>February,
in the Year of our Lord Two Thousand Twelve.<BR>GOVERNOR<BR>BY THE
GOVERNOR:<BR>SECRETARY OF STATE<BR>FILED WITH SECRETARY OF STATE<BR>On 2-24-2012
at 11:00 a.m.<BR></DIV></FONT></BODY></HTML>