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

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration;

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

WHEREAS, appropriate organization of the Commission of Agriculture will help assure the protection, promotion, and preservation of the food, agricultural, conservation, and economic interests of the People of the State of Michigan;

WHEREAS, changes in the organization of the Michigan Trails Advisory Council will help assure adequate representation of persons in Michigan interested in recreational activities involving snowmobiles;

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to change the organization of the executive branch of state government;

NOW THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

IV. MISCELLANEOUS

A. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in this state's financial management system necessary to implement this Order.

B. 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.

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Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, repealed, or rescinded.

D. This Order shall not abate any criminal action commenced by this state prior to the effective date of this Order.

E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Executive Order are effective March 15, 2010 at 12:01 a.m.

History: 2009, E.R.O. No. 2009-38, Eff. Mar. 15, 2010 Compiler's Notes: In section II.C.4., the citation to "Section 36204 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 32.36204" evidently should read "Section 36204 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.36204".Sections II(A)(2), II(A)(5), II(A)(17), II(B)(7), II(B)(8), II(B)(9), II(C)(15), III(A)(2), III(A)(4), and III(B) of Executive Order No. 2009-54, compiled as Executive Reorganization Order No. 2009-38, were rescinded by E.R.O. No. 2011-2, Eff. Mar. 13, 2011.