Executive Directive 2019 - 07

This directive establishes the basic policy for the executive branch of Michigan state government regarding legislative activity by state departments and autonomous agencies. Coordination of legislative activity within the executive branch of Michigan state government is important for the effective and efficient administration of state government.

Acting pursuant to Article 5, §§ 1 and 8 of the Michigan Constitution of 1963, I therefore direct the following:

1. A legislative proposal initiated directly by a department or on behalf of any entities within the department, including autonomous agencies, must be transmitted to:

a. the State Budget Director who shall review the proposal for any budgetary implications and communicate pertinent findings to the Governor; and

b. the Governor’s Director of Legislative Affairs, who shall review the proposal for programmatic implications and communicate pertinent findings to the Governor.

2. Until the completion of both reviews, legislative proposals initiated by departments must not be transmitted to the legislature or to individual legislators.  This process is necessary to assure that the Executive Branch speaks with one voice on its legislative initiatives.

3. The Governor’s Director of Legislative Affairs will assign the analysis of legislation pending before the legislature to affected departments and will designate one department as the lead department for each bill or resolution.  All affected departments shall cooperate with the lead department in analyzing bills or resolutions to provide the Governor’s Director of Legislative Affairs with a joint analysis reflecting consistent positions among departments.  If after diligent efforts disagreements persist, the disagreements and options for resolution shall be summarized succinctly for transmission to and resolution by the Governor.

4. If a department is a lead department for a bill that is not a general or supplemental appropriation bill and an appropriation is included in or added to that bill to circumvent the right of referendum reserved by the People of the State of Michigan under Article 2, § 9 of the Michigan Constitution of 1963, the department shall notify the Governor’s Director of Legislative Affairs.  I intend to veto legislation that circumvents the right to a referendum.

Thank you for your cooperation in implementing this directive.