[nfbmi-talk] Executive order 2012-10

Thu Nov 5 05:39:15 UTC 2015

Hello,

I have written a resolution and sent it to our Resolutions Committee chair,
Dave Robinson, regarding Executive Order 2012-10 which abolished the
Commission Board.  I thought many of you may wish to refresh yourselves on
the details of the Governor's words and promises to the community, none of
which has come to pass, in fact, things are pretty bad regarding services.
It was the NFB which caused the BEP to remain within BSBP since it was
illegal to do what was originally proposed.  The only positive outcome was
that the agemcy was maintained as a separate agency.  This gives us a bit of
a toehold since the structure remains to rebuild upon.  

I hope you will all come and participate in our resolutions committee Friday
afternoon.  Bring your ideas and input.

Warmest Regards,

Fred

State of Michigan

RICK SNYDER
EXECUTIVE OFFICE
BRIAN CALLEY

GOVERNOR
LANSING
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

  www.mictiigan.gov

Rehabilitation Act of 1973, as amended, 29 USE 701 etseq. The Bureau of
Services for Blind Persons shall serve as the State Licensing Agency under
the RandolphSheppard 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 7a 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, MCL 450.791 to MCL 450.795.

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 Biind 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.

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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.

III.     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 $eq. 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.

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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 USE 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 USE 1471.

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c.  One individual representing the client assistance program established
under Section 112 of the Rehabilitation Act of 1973, Public Law 93112, as
amended, 29 USE 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 USE 741, providing vocational rehabilitation services grants 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 USE 705(20)(B) 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 VLB., 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.

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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.Lc. 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 USE 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 USE 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 USE 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 USE 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 USE 720 to 753a, and assist in the preparation of the
State Plan and amendments to the State Pian, 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 USE 720 to
753a.

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4.

Perform all other functions required by 29 USE 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 USE
725(d)-{e) and 29 USE 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 III
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.

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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 S.l4V\
day of June, in the Year of our Lord Two Thousand Twelve.

RICHARD D. SNYDE GOVERNOR

FILED WITH SECRETARY OF STATE

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BY THE GOVERNOR: