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

WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, the Michigan International Trade Authority Board was created by Act No. 157 of the Public Acts of 1986, as amended, being Section 447.151 et seq. of the Michigan Compiled Laws to promote the expansion of Michigan exports and international business attraction; and

WHEREAS, Executive Order 1994-26 transferred the staff functions of the Michigan International Trade Authority to the Michigan Jobs Commission to further streamline the process of business attraction and international business services; and

WHEREAS, the functions, duties and responsibilities assigned to the Michigan International Trade Authority Board can be more effectively organized and carried out under the supervision and direction of the Michigan Jobs Commission; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

1. All the statutory authority, powers, duties, functions and responsibilities of the Michigan International Trade Authority Board, created under Act No. 157 of the Public Acts of 1986, as amended, being Section 447.151 et seq. of the Michigan Compiled Laws, as transferred by Executive Order No. 1994-26, are hereby transferred from the Michigan Jobs Commission to the Michigan Jobs Commission Board, as created by Executive Order 1994-26, by a Type III transfer, as defined by Section 3 of Act 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws. The Michigan International Trade Authority Board is hereby abolished.

2. Total membership of the Michigan Jobs Commission Board, as created by Executive Order 1994-26, shall be determined by the Governor. The members of the Board shall be appointed by the Governor and such members shall serve as members at the pleasure of the Governor. The Governor shall serve as the chairperson and the Governor shall appoint such other officers as deemed necessary. The Michigan Jobs Commission Board shall form subcommittees appointed by the chairperson as the Board deems necessary to carry out its functions. The members of the Board shall be appointed for the terms of three (3) years, except that of the members first appointed; one-third shall serve for one (1) year, one-third shall serve for two (2) years, and one-third shall serve for three (3) years, as designated by the Governor. Should additional appointees be made thereafter, the terms shall be staggered as needed.

3. The Director of the Michigan Jobs Commission 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 Michigan Jobs Commission, and all prescribed functions of rule making, licensing and registration, including the prescription of rules, regulations, standards and adjudications, shall be transferred to the Director of the Michigan Jobs Commission.

4. The Director of the Michigan Jobs Commission shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

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

6. 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.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Executive Order shall become effective 60 days after filing.

History: 1995 E.R.O. No. 1995-18, Eff. Dec. 19, 1995