STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6146

April 12, 1983

EXECUTIVE ORDERS:

Transfer of environmental protection functions between departments

GOVERNOR:

Authority to transfer environmental protection functions between departments

The Governor may, by executive order, make changes in the assignment of environmental protection functions authorized by law within the executive branch of state government, subject to timely disapproval in both houses of the Legislature in accordance with Const 1963, art 5, Sec. 2.

The Honorable Curtis Hertel

State Representative

The Capitol

Lansing, Michigan

You have asked my opinion whether a transfer of environmental protection functions from the Department of Natural Resources to the Department of Public Health may, under existing law, be accomplished by an executive order of the Governor.

There is precedent for such a transfer. Former Governor Milliken, by Executive Order Nos. 1973-2, 1973-2a, and 1976-8 transferred a number of environmental protection functions authorized by law to the Department of Natural Resources.

In Soap & Detergent Association v Natural Resources Commission, 415 Mich 728; ---- NW2d ---- (1982), the Michigan Supreme Court upheld these executive orders, ruling that Const 1963, art 5, Sec. 2 and the Executive Organization Act of 1965, 1965 PA 380; MCLA 16.101 et seq; MSA 3.29(1) et seq, authorized the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units by executive order. If not disapproved in both houses of the Legislature within 60 calendar days, such an order has the force of law. See also, Berlin & Farro Liquid Incineration, Inc v Department of Natural Resources, 80 Mich App 490, 264 NW2d 37, lv den 402 Mich 907 (1978).

It is my opinion, therefore, that the Governor may, by executive order, make changes in the assignment of environmental protection functions authorized by law within the executive branch of state government subject to timely disapproval of both houses of the Legislature in accordance with Const 1963, art 5, Sec. 2.

Frank J. Kelley