Bill Text: MI SB0090 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: State agencies (proposed); boards and commissions; African-American affairs commission; create. Creates new act.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2016-01-14 - Referred To Committee On Government Operations [SB0090 Detail]
Download: Michigan-2015-SB0090-Engrossed.html
SB-0090, As Passed Senate, January 14, 2016
SUBSTITUTE FOR
SENATE BILL NO. 90
A bill to create an African-American affairs commission, an
office of African-American affairs, and an interagency council on
African-American affairs; to prescribe their 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 a person who has origins in
Africa. It refers to an individual descended from any of the Black
racial groups of Africa, such as Kenyan and Nigerian in sub-Saharan
Africa, and also applies to individuals of Afro-Caribbean descent
through countries such as Haiti and Jamaica.
(b) "Commission" means the African-American affairs commission
created in section 5.
(c) "Department" means the department of civil rights.
(d) "Director" means the director of the office of African-
American affairs.
(e) "Office" means the office of African-American affairs
created in section 13.
Sec. 5. (1) The African-American affairs commission is created
within the department of civil rights. 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
with the advice and consent of the senate. The commission shall
elect a chairperson and vice-chairperson annually and shall 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 confirmation
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) The legislature annually shall fix the per diem
compensation of members of the commission. Expenses of members
incurred in the performance of official duties shall be reimbursed
as provided by law for state employees.
(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. 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, the legislature, and the office
concerning the coordination and administration of state programs
serving African-Americans.
(d) Make recommendations to the governor and legislature
regarding changes in state programs, statutes, and policies.
(e) Advise the governor and legislature of the nature,
magnitude, and priorities of the problems of African-Americans in
this state.
(f) Review and advise the governor and the legislature on this
state's policies concerning African-American affairs.
(g) Secure appropriate recognition of African-American
accomplishments and contributions to this state.
(h) Review and approve the annual report by the office of
African-American affairs as described in section 15(j).
(i) Make recommendations to the governor and legislature
regarding methods of overcoming discrimination against African-
Americans in public and private employment and civil and political
rights.
(j) Work to ensure equal access to all levels of education for
African-Americans.
(k) Promote methods to ensure equal access to state services
for African-Americans.
(l) Cooperate with and coordinate activities with the
Hispanic/Latino commission of Michigan, the Michigan women's
commission, and any other commission that deals with minority or
ethnic affairs.
(m) Monitor, evaluate, investigate, advocate, and initiate
programs for the betterment of African-Americans in this state.
(n) Serve as a reporting agency for incidents of anti-African-
American harassment in this state.
(o) Promote public awareness of cultures.
Sec. 13. (1) Subject to subsection (5), the office of African-
American affairs is created in the department of civil rights.
(2) The commission shall select the director of the office
with the concurrence of the director of the department in
accordance with state civil service procedures.
(3) The department shall furnish administrative services to
the office and shall provide secretarial and other staff necessary
to allow the proper exercise of the powers and duties of the
office. The department shall provide adequate office space to the
office.
(4) The department shall assign professional employees to
staff the office necessary to assist the office in the performance
of its substantive responsibilities under this act.
(5) Creation of the office of African-American affairs is
contingent on an appropriation being made for that purpose.
Sec. 15. The office shall do all of the following:
(a) Provide the commission with information concerning the
problems of African-Americans and implement commission policy.
(b) Conduct studies and recommend solutions to the problems of
African-Americans in the areas of education, employment, civil
rights, health, housing, senior citizens, mental health, social
service, commerce, and other related areas.
(c) Recommend to federal, state, and local governmental
departments and agencies the creation of services and facilities as
the commission considers appropriate.
(d) Serve as a reporting agency for the collection and
distribution of information on African-American affairs.
(e) Apply for and accept grants and gifts from governmental
and private sources.
(f) Request the services of all state and local governmental
departments and agencies to assure that African-Americans have
access to decision-making bodies, the policies of which affect
African-Americans in this state.
(g) Cooperate with departments and agencies to aid in
effectuating the purposes of this act.
(h) Review the performance of state departments and agencies
regarding the hiring and promotion of African-Americans by state
departments and agencies and the provision of services to African-
Americans by state departments and agencies.
(i) Review the curriculum, programs, and policies of
elementary, secondary, and postsecondary educational institutions
of this state regarding African-Americans and the admissions
programs and policies of postsecondary educational institutions of
this state regarding African-Americans.
(j) Submit a full written report of its activities and
recommendations each year to the governor, legislature, and various
African-American communities throughout this state.
Sec. 17. (1) A state interagency council on African-American
Affairs is created within the office.
(2) The council shall consist of:
(a) The director of the department of health and human
services or his or her authorized representative.
(b) The director of the department of natural resources or his
or her authorized representative.
(c) The superintendent of public instruction or his or her
authorized representative.
(d) The state treasurer or his or her authorized
representative.
(e) The director of the department of agriculture and rural
development or his or her authorized representative.
(f) The state personnel director or his or her authorized
representative.
(g) The director of the department of civil rights or his or
her authorized representative.
(h) The attorney general or his or her authorized
representative.
(i) The secretary of state or his or her authorized
representative.
(j) The director of the department of corrections or his or
her authorized representative.
(k) The executive director of the Michigan women's commission
or his or her authorized representative.
(l) The director of the department of technology, management,
and budget or his or her authorized representative.
(m) The director of the department of licensing and regulatory
affairs or his or her authorized representative.
(n) The chair of the state housing development authority or
his or her authorized representative.
(o) The director of the department of state police or his or
her authorized representative.
(3) The purpose of the interagency council is to coordinate
and provide for the exchange of information on all programs
relating to services for African-American people. The interagency
council shall also assist the office and commission in the
development of an annual report, which shall be submitted to the
governor, the legislature, and representatives of African-American
communities throughout the state.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
