Mich. Comp. Laws § 16.103

Types of transfers; continuation of agencies not enumerated.

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EXECUTIVE ORGANIZATION ACT OF 1965

Act 380 of 1965

16.103 Types of transfers; continuation of agencies not enumerated.

Sec. 3.

(a) Under this act, a type I transfer means the transferring intact of an existing department, board, commission or agency to a principal department established by this act. When any board, commission, or other agency is transferred to a principal department under a type I transfer, that board, commission or agency shall be administered under the supervision of that principal department. Any board, commission or other agency granted a type I transfer shall exercise its prescribed statutory powers, duties and functions of rule-making, licensing and registration including the prescription of rules, rates, regulations and standards, and adjudication independently of the head of the department. Under a type I transfer all budgeting, procurement and related management functions of any transferred board, agency or commission shall be performed under the direction and supervision of the head of the principal department.

(b) Under this act, a type II transfer means transferring of an existing department, board, commission or agency to a principal department established by this act. Any department, board, commission or agency assigned to a type II transfer under this act shall have all its statutory authority, powers, duties and functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, transferred to that principal department.

(c) Under this act, a type III transfer means the abolishing of an existing department, board, commission, or agency and all its statutory authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, are transferred to that principal department as specified under this act.

(d) Any department, board, commission, or agency not enumerated within this act, but established by law within a department, board, commission or agency shall continue within the department, board, commission or agency within which it had previously been established, and shall continue to exercise all its powers, duties and functions within the principal department established by this act.

History: 1965, Act 380, Imd. Eff. July 23, 1965

TransferOfPowers Notes:

See MCL 16.732.

PopularName Notes:

Act 380

Notes of Decisions

Cited in 12 cases, 1970–2020 · leading case: Soap & Detergent Ass'n v. Natural Resources Commission

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Soap & Detergent Ass'n v. Natural Resources Commission (1982) mich · cites it 8× “The argument that this was a Type II transfer and that, by the terms of the statute providing therefor (MCL 16.103[b]; MSA 3.29[3][b]), all statutory authority, powers, and duties were transferred, ignores the fact that all authority, powers, and duties were not transferred.”

House Speaker v. Governor (1993) mich · cites it 2× “[MCL 16.103; MSA 3.29(3).] 35 Compare Executive Order No.”

Straus v. Governor (1999) mich · cites it 2× “Rather, it is for the board to determine which legislatively proscribed functions to delegate to the superintendent as its executive arm. Therefore, I would also find Executive Order 1996-12 unconstitutional on its face.”

Straus v. Governor (1998) michctapp · cites it 4× “1996-11 is implemented, the superintendent will once again become the main voice in public education in Michigan.”

House Speaker v. Governor (1992) michctapp · cites it 4× “MCL 16.103(b); MSA 3.29(3)(b). Therefore, the Governor lacks authority to appoint the chair of the NRC.”

Davis v. Department of Corrections (2002) michctapp “…is transferred and exercises its prescribed statutory powers and duties independently of the head of that department. MCL 16.103.”

Michigan Mutual Insurance v. Department of Consumer & Industry Services Director (2001) michctapp · cites it 4× “MCL 16.103. 1 In MCL 16.325, the Legislature created the Department of Commerce (now part of the CIS), and in MCL 16.”

Soap & Detergent Ass'n v. Natural Resources Commission (1981) michctapp · cites it 3× “” MCL 16.103(a); MSA 3.29(3)(a) defines a type I transfer as follows: "Under this act, a type I transfer means the transferring intact of an existing department, board, commission or agency to a principal department established by this act.”

Grayson v. Board of Accountancy (1970) michctapp · cites it 2× “The defendants answer by saying that the Board of Accountancy was transferred to the Department of Licensing and Regulation by a type I transfer under the Executive Organization Act, MCLA § 16.103 (Stat Ann 1969 Rev § 3.29[3]), and thus the Department of Licensing and…”

Ann Arbor Township v. State Tax Commission (1975) mich “29(86) and MCLA 16.103(c); MSA 3.29(3)(c). 9 Our decision of In re Appeal of General Motors Corp, 376 Mich 373 ; 137 NW2d 161 (1965) said it is "the purpose of these procedures to adjust or correct all of the different modes of assessment to achieve uniformity among governmental…”

Berlin & Farro Liquid Incineration, Inc. v. Department of Natural Resources (1978) michctapp “A "type II transfer” is defined by MCLA 16.103(b); MSA 3.29(3)(b) as follows: "Under this act, a type II transfer means transferring of an existing department, board, commission or agency to a principal department established by this act.”

Hoover v. Michigan Department of Licensing and Regulatory Affairs (2020) mied · cites it 2× “” Mich. Comp. Laws § 16.103 (emphasis added).”

— Mich. Comp. Laws § 16.103(a) — 3 cases

Soap & Detergent Ass'n v. Natural Resources Commission (1982) mich “The argument that this was a Type II transfer and that, by the terms of the statute providing therefor (MCL 16.103[b]; MSA 3.29[3][b]), all statutory authority, powers, and duties were transferred, ignores the fact that all authority, powers, and duties were not transferred.”

Soap & Detergent Ass'n v. Natural Resources Commission (1981) michctapp “” MCL 16.103(a); MSA 3.29(3)(a) defines a type I transfer as follows: "Under this act, a type I transfer means the transferring intact of an existing department, board, commission or agency to a principal department established by this act.”

Michigan Mutual Insurance v. Department of Consumer & Industry Services Director (2001) michctapp “MCL 16.103. 1 In MCL 16.325, the Legislature created the Department of Commerce (now part of the CIS), and in MCL 16.”

— Mich. Comp. Laws § 16.103(b) — 6 cases

Straus v. Governor (1999) mich “Rather, it is for the board to determine which legislatively proscribed functions to delegate to the superintendent as its executive arm. Therefore, I would also find Executive Order 1996-12 unconstitutional on its face.”

Straus v. Governor (1998) michctapp “1996-11 is implemented, the superintendent will once again become the main voice in public education in Michigan.”

House Speaker v. Governor (1992) michctapp “MCL 16.103(b); MSA 3.29(3)(b). Therefore, the Governor lacks authority to appoint the chair of the NRC.”

— Mich. Comp. Laws § 16.103(c) — 4 cases

House Speaker v. Governor (1992) michctapp “MCL 16.103(b); MSA 3.29(3)(b). Therefore, the Governor lacks authority to appoint the chair of the NRC.”

— Mich. Comp. Laws § 16.103(d) — 1 case

House Speaker v. Governor (1993) mich “[MCL 16.103; MSA 3.29(3).] 35 Compare Executive Order No.”

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