[Vendorsmi] {Spam?} Re: even worse than 2012-10

Thu Jun 28 19:53:43 UTC 2012

Joe, 

  This is nothing more then another ploy for control.  Its all about
controlling us and destroying the rights of the blind.  I know some blind
people in this State will be buying into this very evil attempt to control,
but I hope many will not and be willing to take to the streets, the
legislature and the courts to show the stupidity of this new attempt to
enslave us once again. 

Dave

  _____  

From: vendorsmi-bounces at nfbnet.org [mailto:vendorsmi-bounces at nfbnet.org] On
Behalf Of Joe Sontag
Sent: Thursday, June 28, 2012 3:35 PM
To: NFB of Michigan Vendors List
Subject: [Vendorsmi] {Spam?} Re: even worse than 2012-10

We may have gained some ground in terms of preserving the bureaucratic
structure of the Commission, but we still lose our voice and our power to
direct the agency that serves us.  The idea that LARA's director would have
the final say in  BEP disputes is frightening at best.  If the Bureau of
Services for Blind Persons' director is tight with LARA's big cheese and
doesn't like you because you don't worship the ground that he and his
buddies walk on or have dared to reveal or expose truth, kiss your rights
goodbye.  Come to think of it, that's where we've been heading now for
years.  My mind is still open on all of this, but I'm not buying into it.

Joe Sontag

----- Original Message ----- 

From: joe harcz <mailto:joeharcz at comcast.net>  Comcast 

To: Vendorsmi at nfbnet.org 

Sent: Thursday, June 28, 2012 14:53

Subject: [Vendorsmi] even worse than 2012-10

RICK SNYDER

GOVERNOR

[image: coat of arms of the state of Michigan]

STATE OF  MICHIGAN

EXECUTIVE OFFICE

LANSING

BRIAN CALLEY

LT, GOVERNOR

EXECUTIVE ORDER No. 2012- 10

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DEPARTMENT OF HUMAN SERVICES
DEPARTMENT OF CIVIL RIGHTS

BUREAU OF SERVICES FOR BLIND PERSONS

COMMISSION FOR THE BLIND COMMISSION FOR BLIND PERSONS MICHIGAN
REHABILITATION COUNCIL

MICHIGAN  COUNCIL FOR REHABILITATION SERVICES

DISABILITY CONCERNS COMMISSION

RESCISSION  OF EXECUTIVE ORDER 2007-48

EXECUTIVE REORGANIZATION

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

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

or in the assignment of functions among its units that the Governor
considers necessary for efficient administration; and

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

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

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by
virtue of the powers and authority vested in the Governor by the Michigan
Constitution of 1963 and Michigan law, order the following:

I.        BUREAU OF SERVICES FOR BLIND PERSONS

A.     The Bureau of Services for Blind Persons is created as a Type II
Agency within the Department of Licensing and Regulatory Affairs.  The
Department of Licensing and Regulatory Affairs shall serve as a Designated
State Agency under the

GEORGE W.ROMNEY BUILDING  . 111  SOUTH CAPITOL AVENUE  . LANSING, MICHIGAN
48909  <http://www.michigan.gov/> www.michigan.gov

Rehabilitation Act of 1973, as amended, 29 USC 701 et seq. The Bureau of
Services for Blind Persons shall serve as the State Licensing Agency under
the Randolph- Sheppard vending facilities for blind in federal buildings
act, 20 U.S.C. 107 to 107f.

B.      All authority, powers, duties, functions, records, personnel,
property, unexpended balances of appropriations, allocations or other funds
of the Commission for the Blind are transferred from the Commission for the
Blind to the Bureau of Services for Blind Persons, including but not limited
to the following:

1.     The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351
to 393.369.

2.     Section ?a of the Michigan Historical Commission Act, 1913 PA 271,
MCL

399.1 to 399.10.

3.     Section 2 of the Limited Access Highways Act, 1941 PA 205, MCL 252.51
to 252.64.

4.      Section 208 of the Michigan Museum Act, 1990 PA 325, MCL 399.301 to

MCL 399.510.

5.     Section 4 of the Business Opportunity Act for Persons with
Disabilities,

1988 PA 112, MCL450.791 to MCL450.795.

C.    Any authority, powers, duties, functions, records, property,
unexpended balances of appropriations, allocations or other funds, including
the functions of budgeting and procurement of the Director of the Commission
for the Blind are transferred to the Director of the Department of Licensing
and Regulatory Affairs.

D.      Any authority, powers, duties, functions, records, property,
unexpended balances of appropriations, allocations or other funds of the
Commission for the Blind granted by 1999 AC, R 393.16(f), 393.34 and 393.56
are transferred to the Director of the Department of Licensing and
Regulatory Affairs.

E.     Any authority, powers, duties and functions relative to final agency
decisions for cases arising under the Randolph-Sheppard Act, 20 U.S.C. 107
to 107f, the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29
U.S.C. 732, and the Blind and Visually Disabled Persons Act, 1978 PA 260,
MCL 393.351 to MCL 393.369, are transferred from the Commission for the
Blind to the Director of the Department of Licensing and Regulatory Affairs.

II.       COMMISSION FOR BLIND PERSONS

A     The Commission for Blind Persons ("Commission") is created as an
advisory commission within the Department of Licensing and Regulatory
Affairs.

2

B.    The Commission shall consist of seven members appointed by, and
serving at the pleasure of, the Governor. Four of the members shall be blind
persons.

C.     The Commission members shall have a particular interest or expertise
in the concerns of the blind community.

D.     The Governor shall designate a member of the Commission to serve as
its

Chairperson. The Chairperson shall serve at the pleasure of the Governor.

E.     The Director of the Department of Licensing and Regulatory Affairs
shall perform all budgeting, procurement, and related management functions
of the Commission.

F.     The Commission shall do the following:

1.     Study and review the needs of the blind community in this state.

2.     Advise the Department of Licensing and Regulatory Affairs concerning
the coordination and administration of state programs serving the blind
community.

3.     Recommend changes in state programs, statutes, and policies that
affect the blind community to the Department of Licensing and Regulatory
Affairs.

4.       Secure appropriate recognition of the accomplishments and
contributions of blind residents of this state.

5.       Monitor, evaluate, investigate, and advocate programs for the
betterment of blind residents of this state.

6.      Advise the Governor and the Director of the Department of Licensing
and Regulatory Affairs, of the nature, magnitude, and priorities of the
challenges of blind persons in this state.

7.     Advise the Governor and the Director of the Department of Licensing
and

Regulatory Affairs on this state's policies concerning blind individuals.

Ill.      MICHIGAN REHABILITATION SERVICES

Michigan Rehabilitation Services is transferred by a Type II transfer from
the Department of Licensing and Regulatory Affairs to the Department of
Human Services. The Department of Human Services shall serve as a Designated
State Agency under the Rehabilitation Act of 1973, as amended, 29 U.S.C. 701
et seq.  Any authority, powers, duties, functions, records, personnel,
property, unexpended balances of appropriations, allocations or other funds,
including the functions of budgeting and procurement,of Michigan
Rehabilitation Services, are transferred from the Department of Licensing
and Regulatory Affairs to the Department of Human Services.

3

IV.     IMPLEMENTATION OF TRANSFERS

A.     Any authority, powers, duties, functions, records, personnel,
property, unexpended balances of appropriations, allocations or other funds,
including the functions of budgeting and procurement, used, held, employed,
available, or to be made available to the Department of Licensing and
Regulatory Affairs for the activities, powers, duties, functions, and
responsibilities transferred by this Order are transferred

to the receiving department.

B.      The director of the department receiving the transfer, after
consultation with the Director of the Department of Licensing and Regulatory
Affairs, shall provide executive direction and supervision for the
implementation of the transfers.  The assigned functions shall be
administered under the direction and supervision of the director of the
receiving department.

C.      The directors of the departments impacted by this Order shall
immediately initiate coordination to facilitate the transfers and shall
develop a memorandum  of

record identifying any pending settlements, issues of compliance with
applicable federal and state laws and regulations, or other obligations to
be resolved.

D.     The directors of the departments impacted by this Order shall
administer the functions transferred 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
under this Order.

V.      CREATION OF MICHIGAN COUNCIL FOR REHABILITATION SERVICES

A.     The Michigan Council for Rehabilitation Services ("Council") is
established within the Department of Human Services.  The Council shall
serve as a single state rehabilitation council pursuant to 29 USC
721(a)(21)(B) for the Department of Human Services, Michigan Rehabilitation
Services and the Department of Licensing and Regulatory Affairs, Bureau of
Services for Blind Persons.'

B.      The Council shall include the following seventeen (17) voting
members:

1.      The following members shall be appointed by the Governor, after
soliciting recommendations  from representatives  of organizations
representing a broad range of individuals with disabilities and
organizations interested in individuals with disabilities:

a.  One individual representing the Statewide Independent Living Council
established under Executive Order 2007-49 who must be the

.  chairperson or other designee of the Statewide Independent Living

Council.

b.  One individual representing a parent training and information center
established under Section 671 of the Individuals with Disabilities Education
Act, Public Law 91-30, as amended, 20 USC 1471.

4

c.  One individual representing the client assistance program established
under Section 112 of the Rehabilitation Act of 1973, Public Law 93-

112, as amended, 29 USC 732 who must be the director of or other individual
recommended  by the client assistance program.

d.  One individual representing qualified vocational rehabilitation
counselors with knowledge of, and experience with, vocational rehabilitation
programs.  The individual appointed under this paragraph shall not be an
employee of Michigan Rehabilitation Services or the Bureau of Services for
Blind Persons.

e.  One individual representing community rehabilitation program service
providers.

f. Four individuals representing business, industry,.or labor.

g.  One individual representing the Talent Investment Board created by

Executive Order 2011-13.

h.  At least two individuals representing disability advocacy groups,
including a cross-section of the following:

i.     Individuals with physical, cognitive, sensory, and mental
disabilities.

ii.   Individuals with disabilities who have difficulty in representing
themselves or are unable due to their disabilities to represent themselves.

i. One individual representing current or former applicants for, or

recipients of, vocational rehabilitation services.

j.      One individual representing the director of a project carried out
under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as
amended, 29 USC 741, providing vocational rehabilitation services grant.s to
the governing bodies of an Indian tribe or to a consortium of tribal
governing bodies.

2.       The Superintendent  of Public Instruction, or his or her designee,
from within the Department of Education.

C.      The Bureau Director of Michigan Rehabilitation Services and the
Bureau Director of the Bureau of Services for Blind Persons shall serve as
non-voting ex officio members of the Council.

D.      A majority of the members of the Council shall be individuals with
disabilities as defined in 29 USC 705(20)(8)  and shall not be employed by
the Michigan Rehabilitation Services or the Bureau of Services for Blind
Persons.  When appointing members of the Council, the Governor shall
consider, to the greatest extent practicable, the extent to which minority
populations  are represented on the Council.

E.      Of the members of the Council initially appointed by the Governor
under

Section VI.B., six (6) members shall be appointed for a term expiring on
December 31,

2013, five (5) members shall be appointed for a term expiring on December
31, 2014, and five (5) members shall be appointed for a term expiring on
December 31, 2015. After the initial appointments, members shall be
appointed for a term of three (3) years.

5

F.      A vacancy on the Council occurring other than by expiration of a
term shall be filled by the Governor in the same manner as the original
appointment for the

balance of the unexpired term.  A vacancy shall not affect the power of the
remaining members to exercise the duties of the Council.

G.      Except for members appointed under Section V.B.1.c. or Section
V.B.1. j., a member of the Council shall not serve more than two consecutive
full terms.

VI.     CHARGE TO THE COUNCIL

A.     After consulting with the Talent Investment Board, the Council shall
do all of the following:

1.       Review, analyze, and advise Michigan Rehabilitation Services and
the Bureau of Services for Blind Persons regarding the performance of the
responsibilities of Michigan Rehabilitation Services and Bureau of Services
for Blind Persons under Sections 100 to 141 of the Rehabilitation Act of
1973, Public Law 93-112, as amended, 29 USC 720 to 753a, particularly
responsibilities relating to all of the following:

a.  Eligibility, including order of selection.

b.  The extent, scope, and effectiveness of services provided.

c.  Functions performed by state agencies that affect or that potentially
affect the ability of individuals with disabilities in achieving employment
outcomes under Sections 100 to 141 of the Rehabilitation Act of 1973, Public
Law 93-112, as amended, 29 USC 720 to 753a.

2.       In partnership with Michigan Rehabilitation Services and the Bureau
of

Services for Blind Persons:

a.  Develop, agree to, and review the goals and priorities of this state in
accordance with Section 101(a)(15)(C)  of the Rehabilitation Act of

1973, Public Law 93-112, as amended, 29 USC 721(a)(15)(C).

b.  Evaluate the effectiveness of the vocational rehabilitation program and
submit reports of progress to the federal government  in accordance with
Sections 101(a)(15)(E) and 121 of the Rehabilitation Act of 1973

Public Law 93-112, as amended, 29 USC 721(a)(15)(E).

3.      Advise the Department of Human Services, Michigan Rehabilitation
Services, and the Department of Licensing and Regulatory Affairs, Bureau of
Services for Blind Persons regarding activities authorized to be carried out
under Sections 100 to 141 of the Rehabilitation Act of 1973, Public Law
93-112, as amended, 29 USC 720 to 753a, and assist in the preparation of the
State Plan and amendments to the State Plan, applications, reports, needs
assessments, and evaluations required by Sections 100 to 141 of the
Rehabilitation Act of

1973, Public Law 93-112, as amended, 29 USC 720 to 753a.

6

4.      Perform all other functions required by 29 USC 725(c)(4)-(8).

5.       Perform other functions related to the Council's responsibilities
as requested by the Governor or the Director of the Department of Human
Services or the Director of the Department of Licensing and Regulatory
Affairs.

VII.     OPERATIONS OF THE COUNCIL

A.       The Council shall select from among its voting members a
Chairperson  of the Council, subject to the veto power of the Governor, and
may select other officers as it deems necessary.

B.      The Council may adopt procedures consistent with federal law,
Michigan law, and this Order governing its organization and operations.

C.      A majority of the voting members of the Council serving constitutes
a quorum for the transaction of the Council's business.  The Council shall
act by a majority vote of the voting members of the Council serving.

D.       The Council shall meet at least four times per year in a place that
the Council determines necessary to conduct Council business and conduct
forums or hearings as the Council determines appropriate.

E.    The Council shall conduct all business at public meetings held in
compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275.
Public notice of the time, date, and place of each meeting shall be given in
the manner required by the Open Meetings Act, 1976 PA 267, MCL 15.261 to
15.275.

F.      The Council shall carry out its functions as required by 29 USC
725(d)-(e)

and 29 USC 725(g).

VIII.    DISABILITY CONCERNS COMMISSION

All the authority, powers, duties,  functions, records, personnel, property,
unexpended balances of appropriations, and allocations or other funds,
including the functions of budgeting and procurement, of the Disability
Concerns Commission, created by Executive Order 2009-40, previously
transferred by Executive Order  2011-4 from the Department of Licensing and
Regulatory Affairs

to the Department of Civil Rights  by a Type I transfer, are hereby
transferred to the

Department of Civil Rights  by Type Ill transfer.

IX.    ABOLISHED ENTITIES

A.     The Michigan Rehabilitation Council, created by Executive Order
2007-48, is abolished, and Executive Order 2007-48 is rescinded.

B.      The Commission  for the Blind, created by MCL 393.352, and the

Commission Board, created by 1999 AC, R 391.1 et seq., are abolished.

7

C.     The position of Director of the Commission for the Blind created by
MCL

393.352(1) is abolished.

D.     The Disability Concerns Commission, created by Executive  Order

2009-40, is abolished.

X.     MISCELLANEOUS

A.     All rules, orders, contracts, plans, and agreements relating to the
functions transferred to the Department of Human 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.

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

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 of Section 2 of Article V of the Michigan
Constitution of 1963, the Sections VIII and IX D. of this Order shall be
effective 60 days after the filing of this Order and the remaining
provisions of this Order shall be effective on October 1, 2012.

 Given under my hand and the Great

Seal of the state of Michigan

this 27th day of June, in the Year of

our Lord Two Thousand Twelve.

[signature]

Richard D. Snyder

GOVERNOR

BY THE GOVERNOR:

[signature]

SECRETARY OF STATE

FILED WITH SECRETARY OF STATE

ON 6/27/12 AT 3:55 pm

[image: Great Seal of the State of Michigan]

8

  _____  

_______________________________________________
Vendorsmi mailing list
Vendorsmi at nfbnet.org
http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org
To unsubscribe, change your list options or get your account info for
Vendorsmi:
http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/suncat0%40gmail.com

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 97 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.gif
Type: image/gif
Size: 96 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0001.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.gif
Type: image/gif
Size: 98 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0002.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.gif
Type: image/gif
Size: 94 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0003.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.gif
Type: image/gif
Size: 97 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0004.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.gif
Type: image/gif
Size: 99 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0005.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image007.gif
Type: image/gif
Size: 97 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0006.gif>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image008.gif
Type: image/gif
Size: 33182 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/vendorsmi_nfbnet.org/attachments/20120628/23e500f4/attachment-0007.gif>