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Section 12.194 Creation of Michigan Finance Authority Within Department of Treasury; Transfer of Certain Powers and Duties of Michigan Forest Finance Authority, Michigan Higher Education Assistance Authority, Michigan Higher Education Facilities Authority, Michigan Higher Education Student Loan Authority, Michigan Municipal Bond Authority, Michigan Public Educational Facilities Authority, Michigan Strategic Fund, Michigan Tobacco Settlement Finance Authority, Michigan Underground Storage Tank Financial Assurance Authority; State Higher Education Facilities Commission, State Hospital Finance Authority, and State Land Bank Fast Track Authority to Michigan Finance Authority; Transfer of Certain Powers and Duties of Michigan Forest Finance Authority, Not Otherwise Transferred to Michigan Finance Authority, From Michigan Forest Finance Authority to Department of Natural Resources and Environment by Type Ii Transfer; Transfer of Certain Powers and Duties of Michigan Higher Education Assistance Authority to Department of Treasury; Transfer of Certain Powers and Duties of State Land Bank Fast Track Authority From Department of Energy, Labor, and Economic Growth to Department of Treasury; Transfer of Michigan State Housing Development Authority From Department of Energy, Labor, and Economic Growth to the Department of Treasury.

MI Comp L § 12.194 (2019) (N/A)
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WHEREAS, Section

1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

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;

WHEREAS, under current law the administrative functions of certain public finance authorities have been combined into a single work unit serving several authority boards, under the direction and supervision of the State Treasurer;

WHEREAS, there exist multiple public finance authorities, agencies, and commissions in multiple departments with the ability to finance and otherwise assist certain public and private facilities and activities;

WHEREAS, the Department of Treasury has the expertise to assist with authorities' investments, debt issuances, and debt management to ensure that these functions are accomplished in a coordinated, cost-efficient and effective manner;

WHEREAS, there is a continuing need to reorganize functions among state departments to ensure efficient administration and effectiveness of government;

NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

VIII. MISCELLANEOUS

A. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in this state's financial management system necessary to implement this Order.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

C. All rules, regulations, orders, contracts, and agreements relating to the functions transferred under this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.

D. This Order shall not abate any criminal action commenced by this state prior to the effective date of this Order.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of this 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 under Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order are effective May 30, 2010 at 12:01 a.m.

History: 2010, E.R.O. No. 2010-2, Eff. May 30, 2010 Compiler's Notes: In paragraph "I." under "I. DEFINITIONS", the citation to "Executive Order No. 1992-2, MCL 390" evidently should read "Executive Order No. 1992-2, MCL 390.940".

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Section 12.194 Creation of Michigan Finance Authority Within Department of Treasury; Transfer of Certain Powers and Duties of Michigan Forest Finance Authority, Michigan Higher Education Assistance Authority, Michigan Higher Education Facilities Authority, Michigan Higher Education Student Loan Authority, Michigan Municipal Bond Authority, Michigan Public Educational Facilities Authority, Michigan Strategic Fund, Michigan Tobacco Settlement Finance Authority, Michigan Underground Storage Tank Financial Assurance Authority; State Higher Education Facilities Commission, State Hospital Finance Authority, and State Land Bank Fast Track Authority to Michigan Finance Authority; Transfer of Certain Powers and Duties of Michigan Forest Finance Authority, Not Otherwise Transferred to Michigan Finance Authority, From Michigan Forest Finance Authority to Department of Natural Resources and Environment by Type Ii Transfer; Transfer of Certain Powers and Duties of Michigan Higher Education Assistance Authority to Department of Treasury; Transfer of Certain Powers and Duties of State Land Bank Fast Track Authority From Department of Energy, Labor, and Economic Growth to Department of Treasury; Transfer of Michigan State Housing Development Authority From Department of Energy, Labor, and Economic Growth to the Department of Treasury.