Bill Text: MI SB0165 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: State agencies (proposed); boards and commissions; African-American affairs commission; create. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-15 - Referred To Committee On Government Operations [SB0165 Detail]

Download: Michigan-2017-SB0165-Introduced.html

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SENATE BILL No. 165

 

 

February 15, 2017, Introduced by Senators JONES, O'BRIEN, CONYERS, GREGORY, BIEDA, NOFS, SCHUITMAKER, ROCCA, MARLEAU and HERTEL and referred to the Committee on Government Operations.

 

 

     A bill to create an African-American affairs commission; to

 

prescribe its powers and duties; and to prescribe the powers and

 

duties of certain agencies, departments, and officials.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"African-American affairs commission act".

 

     Sec. 3. As used in this act:

 

     (a) "African-American" means an individual who has origins in

 

any of the black groups of Africa, including, but not limited to,

 

individuals of Afro-Caribbean descent.

 

     (b) "Commission" means the African-American affairs commission

 

created in section 5.

 

     (c) "Department" means the department of licensing and

 

regulatory affairs.

 

     Sec. 5. (1) The African-American affairs commission is created

within the department of licensing and regulatory affairs. The

 

commission shall exercise its powers and duties independently of

 

the department except for budget, procurement, and housekeeping

 

functions. The commission shall consist of 15 members appointed by

 

the governor. The governor shall designate a member of the

 

commission to serve as its chairperson at the pleasure of the

 

governor. The commission may designate a member of the commission

 

to serve as its vice-chairperson at the pleasure of the commission.

 

The commission may elect other officers from its members as the

 

commission considers appropriate.

 

     (2) Members of the commission shall be individuals who have a

 

particular interest or expertise in African-American concerns.

 

     (3) A member of the commission shall serve for a term of 3

 

years or until a successor is appointed, whichever is later, except

 

that of the members first appointed, 5 shall serve for 3 years, 5

 

shall serve for 2 years, and 5 shall serve for 1 year.

 

     (4) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the balance of the unexpired term in the

 

same manner as the original appointment.

 

     (5) The governor shall appoint the commission within 90 days

 

after the effective date of this act.

 

     Sec. 7. (1) Within 90 days after appointment and qualification

 

of all members, the commission shall adopt bylaws for the operation

 

of the commission. The bylaws shall include, at a minimum, voting

 

procedures and minimum requirements for attendance at meetings.

 

     (2) The commission shall hold regular quarterly meetings at

 

places and on dates as determined by the commission. Special

meetings may be called by the chairperson or by not fewer than 8

 

commission members on 3 business days' actual notice.

 

     (3) A majority of the commission members appointed and serving

 

constitutes a quorum for the transaction of business at a meeting

 

of the commission. Official action by the commission shall be only

 

by affirmative vote of a majority of the commission members

 

appointed and serving. A commission member shall not vote by proxy.

 

     (4) Members of the commission shall serve without compensation

 

but may receive reimbursement for necessary travel and expenses

 

according to relevant statutes and rules and procedures of the

 

department, subject to available appropriations.

 

     (5) The department shall furnish administrative services to

 

the commission and shall provide secretarial and other staff

 

necessary to allow the proper exercise of the powers and duties of

 

the commission. The department shall provide adequate office space

 

to the commission. The department shall give notice of the times

 

and places of commission meetings and keep minutes of the meetings

 

and a record of the actions of the commission.

 

     (6) The department shall assign professional employees to

 

staff the commission to assist the commission in the performance of

 

its substantive responsibilities under this act.

 

     Sec. 9. (1) A meeting of the commission shall be held pursuant

 

to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (2) A writing prepared, owned, used, in the possession of, or

 

retained by the commission or office in the performance of an

 

official function shall be made available to the public pursuant to

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

     Sec. 11. (1) The commission shall do all of the following:

 

     (a) Stimulate and encourage the study and review of the status

 

of African-Americans in this state.

 

     (b) Develop a unified policy and plan of action to serve the

 

needs of African-Americans in this state.

 

     (c) Advise the governor and legislature concerning the

 

coordination and administration of state programs serving African-

 

Americans.

 

     (d) Review, advise, and make recommendations to the governor

 

and legislature regarding changes in this state's programs,

 

statutes, and policies concerning African-Americans.

 

     (e) Advise the governor and legislature of the nature,

 

magnitude, and priorities of the problems of African-Americans in

 

this state.

 

     (f) Secure appropriate recognition of African-American

 

accomplishments and contributions to this state.

 

     (g) Make recommendations to the governor and the director of

 

the department regarding methods of overcoming discrimination

 

against African-Americans.

 

     (h) Promote methods to ensure equal access to state services

 

for African-Americans.

 

     (i) Cooperate with and coordinate activities with the

 

commissions that deal with minority or ethnic affairs.

 

     (j) Monitor, evaluate, investigate, advocate, and initiate

 

programs for the betterment of African-Americans in this state.

 

     (k) Promote public awareness of cultures.

 

     (l) Refer all legal, legislative, and media contacts to the

department of civil rights.

 

     (2) This act does not confer upon the commission the authority

 

to conduct investigations into specific complaints of

 

discrimination or any other power or duty specifically granted to

 

the civil rights commission or department of civil rights by

 

section 29 of article V of the state constitution of 1963, or by

 

the Elliott-Larsen civil rights act, 1976 PA 453, MCL 37.2101 to

 

37.2804.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.