Creation Of The Department Of History, Arts And Culture (Rescinded by EO 2001-2)

Contact: Susan Shafer (517) 335-6397

DEPARTMENT OF HISTORY, ARTS AND CULTURE
DEPARTMENT OF STATE
DEPARTMENT OF NATURAL RESOURCES
DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
MICHIGAN STRATEGIC FUND
Executive Reorganization

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

WHEREAS, the founders of the United States believed it important that citizens have sufficient knowledge of history, the arts, and culture to exercise their right of self-government in an informed and responsible manner; and

WHEREAS, knowledge of history, the arts, and culture is fundamental to human enrichment and to a well-rounded education; and

WHEREAS, Michigan citizens can be justifiably proud of their storied past as well as the many important contributions the people of our state have made to the arts and culture; and

WHEREAS, encouraging the preservation of history, creation of art, and development of culture makes Michigan an even more interesting and desirable place in which to travel and live; and

WHEREAS, the continuity of our civilization requires that knowledge and appreciation of our history, arts, and culture be transmitted to future generations; and

WHEREAS, good stewardship at the state level involves concern for the integrity of Michigan's many historic sites, archives, and other cultural resources and treasures; and

WHEREAS, the status of the State of Michigan's history, arts, and culture programs - which are currently dispersed in a variety of agencies and departments throughout state government - can be raised if organized within one department of state government; and

WHEREAS, it is necessary in the interests of efficient administration and good 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. DEFINITIONS

    As used herein:

    1. The "Department of State" means the principal department created by Section 25 of Act No. 380 of the Public Acts of 1965, being Section 16.125 of the Michigan Compiled Laws.

    2. The "Michigan Department of Natural Resources" means the principal department created in Executive Order 1991-31.

    3. The "Department of Consumer and Industry Services" means the principal department created as the Department of Commerce by Section 225 of Act No. 380 of the Public Acts of 1965, being Section 16.325 of the Michigan Compiled Laws, and renamed the Michigan Department of Consumer and Industry Services in Executive Order 1996-2.

    4. The "Michigan Economic Development Corporation" means the public body corporate created under Section 28 of Article VII of the Constitution of the state of Michigan of 1963 and the Urban Cooperation Act, Act No. 7 of the Public Acts of 1967, as amended, being Section 124.501 et seq. of the Michigan Compiled Laws, by a contractual interlocal agreement effective April 5, 1999 between local participating economic development corporations formed under the Economic Development Corporations Act, Act No. 338 of the Public Acts of 1974, as amended, being Section 125.1601 et seq. of the Michigan Compiled Laws, and the Michigan Strategic Fund.

    5. The "Michigan Strategic Fund" means the entity created under Act No. 270 of the Public Acts of 1984, as amended, being Section 125.2001 et seq. of the Michigan Compiled Laws, and includes the Michigan Strategic Fund Board.

    6. The "Michigan Historical Commission" means the entity created under Section 1 of Act No. 271 of the Public Acts of 1913, as amended, being Section 399.1 of the Michigan Compiled Laws.

    7. The "Michigan Historical Center" means the entity described by Section 7a of Act No. 271 of the Public Acts of 1913, as amended, being Section 399.7a of the Michigan Compiled Laws, which is also referred to as the "Bureau of History" or "History Division" of the Department of State.

    8. The "Mackinac Island State Park Commission" means the entity created under Section 76503(3) of Act No. 451 of the Public Acts of 1994, as amended, being Section 324.76503(3) of the Michigan Compiled Laws.

    9. The "Michigan Council for Arts and Cultural Affairs" means the entity created in Executive Order 1991-21.

    10. The "Office of Film and Television Services" means the entity created within the Department of Commerce by Executive Directive 1979-3, continued by Executive Order 1984-8, transferred from the Department of Commerce to the Michigan Jobs Commission by Executive Order 1994-26, transferred from the Michigan Jobs Commission to the Michigan Strategic Fund by Executive Order 1999-1, and transferred pursuant to Section 9.16 of the Interlocal Agreement from the Michigan Strategic Fund to the Michigan Economic Development Corporation.

  2. CREATION OF THE DEPARTMENT OF HISTORY, ARTS AND CULTURE.

    The Department of History, Arts and Culture is hereby created. This department shall be headed by a Director who shall be appointed by and serve at the pleasure of the Governor.

  3. DEPARTMENT OF STATE

    1. All the statutory authority, powers, duties, functions and responsibilities of the Michigan Historical Commission, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in:

      • Act No. 271 of the Public Acts of 1913, as amended, being Section 399.1 et seq. of the Michigan Compiled Laws (Michigan Historical Commission);

      • Act No. 10 of the Public Acts of 1955, as amended, being Section 399.151 et seq. of the Michigan Compiled Laws (Registration of Historic Sites);

      • Sections 3 and 5 of Act No. 169 of the Public Acts of 1970, as amended, being Sections 399.203 and 399.205 of the Michigan Compiled Laws (Local Historic Districts Act);

      • Section 491 of Act No. 328 of the Public Acts of 1931, as amended, being Section 750.491 of the Michigan Compiled Laws (Authority to demand return of any books, papers, records of the state of Michigan under the Michigan Penal Code);

      • Section 2 of Act No. 8 of the Public Acts of 1897, as amended, being Section 35.232 of the Michigan Compiled Laws (Preservation of the records of the Michigan Grand Army of the Republic);

      • Act No. 54 of the Public Acts of 1927, as amended, being Section 399.51 of the Michigan Compiled Laws (Transfer of records of United States Land Office); and

      • Act No. 55 of the Public Acts of 1927, as amended, being Section 399.61 of the Michigan Compiled Laws (Transfer of public survey office of the United States records relating to the State of Michigan)

      are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

    2. All the statutory authority, powers, duties, functions and responsibilities of the Secretary of State, the Department of State and the Michigan Historical Center, as set forth in:

      • Sections 4a, 6, 7 and 7a of Act No. 271 of the Public Acts of 1913, as amended, being Sections 399.4a, 399.6, 399.7 and 399.7a of the Michigan Compiled Laws (Historical records, Historical publications, Historical center, retail sales store, museum operations fund);

      • Sections 3, 5 and 9 of Act No. 169 of the Public Acts of 1970, as amended, being Sections 399.203, 399.205 and 399.209 of the Michigan Compiled Laws (Local Historic Districts Act);

      • Section 29(2) of Act No. 197 of the Public Acts of 1975, as amended, being Section 125.1679(2) of the Michigan Compiled Laws (Preservation of Historical Sites under the jurisdiction of a Downtown Development Authority);

      • Section 39c of Act No. 228 of the Public Acts of 1975, as amended, being Section 208.39c of the Michigan Compiled Laws (Single Business Tax credit for the rehabilitation of a historic resource, certification by the Michigan Historical Center);

      • Section 266 of Act No. 281 of the Public Acts of 1967, as amended, being Section 206.266 of the Michigan Compiled Laws (Income Tax credit for the rehabilitation of a historic resource, certification by the Michigan Historical Center);

      • Sections 284, 285, 287, 288, 289 and 292 of Act No. 431 of the Public Acts of 1984, as amended, being Sections 18.1284, 18.1285, 18.1287, 18.1288, 18.1289 and 18.1292 of the Michigan Compiled Laws (Management and Budget Act, records management, retention, disposal, inspection, inventory, protection and preservation);

      • Section 2 of Act No. 116 of the Public Acts of 1992, as amended, being Section 24.402 of the Michigan Compiled Laws (Records Media Act);

      • Act No. 69 of the Public Acts of 1976, as amended, being Section 399.111 et seq. of the Michigan Compiled Laws (Historic Sites);

      • Section 13(1)(o) of Act No. 442 of the Public Acts of 1976, as amended, being Section 15.243(1)(o) of the Michigan Compiled Laws (Authority to promulgate rules to provide for the disclosure of the location of archaeological sites);

      • Sections 76101, 76102, 76103, 76104, 76105, 76106, 76107, 76108, 76109, 76110, 76111, 76112, 76113, 76114 and 76118 of Act No. 451 of the Public Acts of 1994, being Sections 324.76101, 324.76102, 324.76103, 324.76104, 324.76105, 324.76106, 324.76107, 324.76108, 324.76109, 324.76110, 324.76111, 324.76112, 324.76113, 324.76114 and 324.76118 of the Michigan Compiled Laws (Aboriginal Records and Antiquities); and

      • Section 2137 of Act No. 236 of the Public Acts of 1961, as amended, being Section 600.2137 of the Michigan Compiled Laws (Reproduction and destruction of Court Records)

      are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

    3. All the statutory authority, powers, duties, functions and responsibilities of the Secretary of State, the Department of State and the Michigan Historical Center set forth in the following provisions of federal law regarding the State Historic Preservation Office:

      1. The National Historic Preservation Act of 1966, 80 Stat. 915, 16 USC 470 et. seq.; and

      2. Federal rules and regulations adopted pursuant to The National Historic Preservation Act of 1966, including but not limited to those set forth in Title 36, Chapter I, Part 61 of the Code of Federal Regulations, 36 CFR § 61 et seq.,

      are hereby transferred to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

    4. All the statutory authority, powers, duties, functions and responsibilities of the Michigan Iron Industry Museum Advisory Board, created pursuant to Act No. 152 of the Public Acts of 1984, as amended, being Section 399.71 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

    5. All the statutory authority, powers, duties, functions and responsibilities of the Michigan Freedom Trail Commission, created pursuant to Act No. 409 of the Public Acts of 1998, as amended, being Section 399.81 et seq. of the Michigan Compiled Laws, are hereby transferred from the Department of State to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

  4. MICHIGAN DEPARTMENT OF NATURAL RESOURCES

    1. All the statutory authority, powers, duties, functions, and responsibilities of the Mackinac Island State Park Commission, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in:

      1. Sections 76501 through 76509, 76701 through 76709, 76901, 76902, 76903, 77101, 77301, 77302, 77501, 77502, and 77701 through 77704 of Act No. 451 of the Public Acts of 1994, as amended, being Sections 324.76501 through 324.76509, 324.76701 through 324.76709, 324.76901, 324.76902, 324.76903, 324.77101, 324.77301, 324.77302, 324.77501, 324.77502, and 324.77701 through 324.77704 of the Michigan Compiled Laws (Mackinac Island State Park, Mackinac Island State Park Commission, Mackinac Island State Park Rules, Mackinac Island Fire Protection, Old Mission Church at Mackinac Island, Mackinac Island Clerk's Quarters--American Fur Company, Michilimackinac State Park);

      2. Act No. 285 of the Public Acts of 1975 (Transfer of Mill Creek Site to Mackinac Island State Park Commission; Mill Creek Site to become part of the Mackinac Island State Park);

      3. Act No. 31 of the Public Acts of 1945 (Appropriation for Acquisition of land associated with the Governor's Summer Residence, land to become part of the Mackinac Island State Park); and

      4. Section 511 of Act No. 58 the Public Acts of 1998, as amended, being Section 436.1511 of the Michigan Compiled Laws (Liquor Licenses at Mackinac Island State Park)

      are hereby transferred from the Michigan Department of Natural Resources to the Department of History, Arts and Culture by a Type I transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

    2. The commission shall function as the appointing authority for the civil service and contractual employees of the commission.

    3. The issuance of revenue bonds, and all bonds, reserve and trust funds currently in effect shall continue in effect under the responsibility of the commission, subject to any agreement with bond holders.

  5. DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES

    All the statutory authority, powers, duties, functions and responsibilities of the Michigan Council for Arts and Cultural Affairs, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Executive Order 1991-21, are hereby transferred from the Department of Consumer and Industry Services to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

  6. MICHIGAN STRATEGIC FUND

    All of the statutory authority, powers, duties, functions and responsibilities of the Office of Film and Television Services, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in Executive Directive 1979-3, Executive Order 1984-8, Executive Order 1994-26 and Executive Order 1999-1, upon its return from the Michigan Economic Development Corporation to the Michigan Strategic Fund, are hereby transferred from the Michigan Strategic Fund to the Department of History, Arts and Culture by a Type II transfer, as defined in Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.

  7. MISCELLANEOUS

    1. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor, shall provide executive direction and supervision for the implementation of all transfers of authority to the Department of History, Arts and Culture made under this Order.

    2. The Director of the Department of History, Arts and Culture shall administer the assigned functions transferred by this Order 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 prescribed by this Order.

    3. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor and the directors of all other state departments and agencies having authority transferred to the Department of History, Arts and Culture under this order shall jointly identify the program positions and administrative function positions that will be transferred to the Department of History, Arts and Culture according to the terms of this Order. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor and the directors of all other state departments and agencies having authority transferred to the Department of History, Arts and Culture under this Order shall develop an agreement specifying these positions no later than the effective date of this Order and the transfers shall be implemented no later than 120 days from the effective date of this Order.

    4. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor, shall immediately initiate coordination with the directors of all other state departments and agencies having authority transferred to the Department of History, Arts and Culture under this Order to facilitate the transfer and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.

    5. All records, personnel, property, grants and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to any entity for the activities, powers, duties, functions and responsibilities transferred to the Department of History, Arts and Culture by this Order are hereby transferred to the Department of History, Arts and Culture.

    6. The Director of the Department of History, Arts and Culture, or other individual designated by the Governor, may request the assistance of the Department of Consumer and Industry Services, the Department of State, the Michigan Department of Natural Resources and the Department of Management and Budget with respect to personnel, budgeting, procurement, information systems and other management-related functions and such departments shall provide such assistance.

    7. The Director of the Department of History, Arts and Culture may by written instrument delegate a duty or power conferred by law or this Order and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of History, Arts and Culture.

    8. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.

    9. All rules, orders, contracts, grants and agreements relating to the functions transferred to the Department of History, Arts and Culture 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.

    10. 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.

    11. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

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 August 5, 2001.

Given under my hand and the Great Seal of the State of Michigan this ________ day of May, in the Year of our Lord, Two Thousand One.

 


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GOVERNOR

 

 

BY THE GOVERNOR:

 


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SECRETARY OF STATE