[nfbmi-talk] here's where eo 2012-10 screwed up

joe harcz Comcast joeharcz at comcast.net
Sat Jul 14 14:40:27 UTC 2012


EO 2012-1o explicately annulls PA 260 which is a statute and it is explicately a Type II transfer. Yet the analysis you sent and I've pointed to for Type 2 transfers is here:
"
(b) Under this act, a type II transfer means transferring of an existing department,

 

board, commission or agency to a principal 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 and functions, records,

 

personnel, property, unexpended balances of appropriations, allocations or other

 

funds, including the functions of budgeting and procurement, transferred to that

 

principal department.

 "





Ipso facto they can't use a Type II transfer to wipe out PA 260.



Note the EO 2012-10 did disolve the MI Disability Concerns period, but did that as a Type III transfer.



So this is one area where we can enjoin the EO 2012-10 even on this modest technicality.



In other words Governor et al....Better get back to the drawing board.



Joe Harcz



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