SB-0215, As Passed Senate, August 19, 2009

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 215

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1975 PA 164, entitled

 

"An act to create a commission on Spanish-speaking affairs, an

office of Spanish-speaking affairs, and an interagency council on

Spanish-speaking affairs; to prescribe their powers and duties; to

provide for appropriations; and to abolish the advisory council for

the Spanish-speaking,"

 

by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL

 

18.301, 18.302, 18.303, 18.304, 18.305, and 18.306), sections 2 and

 

4 as amended by 2004 PA 94.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to create a commission on Spanish-speaking affairs, an

 

office of Spanish-speaking affairs Hispanic/Latino commission of

 

Michigan, an office of Hispanic/Latino affairs, and an a

 

Hispanic/Latino interagency council; on Spanish-speaking affairs;

 

to prescribe their powers and duties; to provide for

 

appropriations; and to abolish the advisory council for the

 

Spanish-speaking.

 

     Sec. 1. As used in this act:

 

     (a) "Commission" means the commission on Spanish-speaking

 

affairs Hispanic/Latino commission of Michigan created in section

 

2.

 

     (b) "Director" means the director of the office of Spanish-

 

speaking Hispanic/Latino affairs.

 

     (c) "Office" means the office of Spanish-speaking

 

Hispanic/Latino affairs as created in section 4.

 

     (d) "Spanish-speaking "Hispanic/Latino people" means a person,

 

including a migrant agricultural worker, who: has a Spanish

 

surname; has a parent or grandparent people of Mexican, Puerto

 

Rican, Cuban, Central American, South American, or other Spanish or

 

indigenous origin or descent. ; uses Spanish as the primary

 

language or mother tongue; is identified by an employer in an EEO-1

 

report as a "Spanish-surnamed American"; or is regarded in the

 

community as being of Mexican, Puerto Rican, Cuban, Central

 

American, South American, or other Spanish origin or descent.

 

     Sec. 2. (1) A commission on Spanish-speaking affairs

 

Hispanic/Latino commission of Michigan is established within the

 

department of energy, labor, and economic growth. The commission

 

shall consist of 15 members appointed by the governor by and with

 

the advice and consent of the senate. The commission shall elect a

 

chairperson, vice-chairperson, and other officers from its members

 

as it deems advisable.

 

     (2) Members of the commission shall be Spanish-speaking and of

 

Spanish-speaking origin. Members broadly representative of all

 

fields of interest to Hispanic/Latino people and shall be appointed

 

from urban, suburban, and rural geographical areas representative

 

of the Spanish-speaking Hispanic/Latino people throughout this

 

state.

 

     (3) The term of each member shall be 3 years. Of the members

 

first appointed, 5 shall serve for 3-year terms, 5 shall serve for

 

2-year terms, and 5 shall serve for a 1-year term. A vacancy shall

 

be filled by the governor in the same manner as the original

 

appointment for the balance of the unexpired term.

 

     (4) The commission shall meet not less than 12 6 times during

 

each calendar year. Each member of the commission shall receive per

 

diem compensation as appropriated in the annual budget. Per diem

 

compensation shall be paid only for a full day's commission work at

 

which a quorum is present. A member shall receive reimbursement for

 

actual and necessary traveling expenses incurred in the performance

 

of official business. Reimbursement shall be made in the manner

 

provided by law for state employees.

 

     (5) A majority of the members of the commission constitutes a

 

quorum. A majority of the members of the commission is required for

 

final action by the commission. A vacancy in the commission shall

 

not impair the right of the remaining members to exercise the

 

powers of the commission.

 

     Sec. 3. (1) The purpose of the commission shall be to develop

 

a unified policy and plan of action to serve the needs of

 

Michigan's Spanish-speaking this state's Hispanic/Latino people.

 

     (2) The commission shall do all of the following in the

 

following order of priority:

 

     (a) Advise the governor, the legislature, and the office

 

concerning the coordination and administration of state programs

 

serving Spanish-speaking Hispanic/Latino people.

 

     (b) Make recommendations to the governor and legislature

 

regarding changes in state programs, statutes, and policies.

 

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

 

magnitude, and priorities of the problems of Spanish-speaking

 

Hispanic/Latino people.

 

     (d) Review and approve grants to be made from federal, state,

 

or private funds which that are administered by the office.

 

     (e) Review and advise the governor and the legislature on the

 

state's policies concerning Spanish-speaking Hispanic/Latino

 

affairs.

 

     (f) Secure appropriate recognition of Spanish-speaking

 

Hispanic/Latino accomplishments and contributions to this state.

 

     (g) Review and approve the annual report by the office of

 

Spanish-speaking Hispanic/Latino affairs as described in section 5.

 

     (h) Assist with the planning and implementation of a

 

Hispanic/Latino heritage month celebration.

 

     (i) Assist with the planning and implementation of

 

Hispanic/Latino holiday celebrations.

 

     Sec. 4. (1) The office of Spanish-speaking Hispanic/Latino

 

affairs is established within the department of energy, labor, and

 

economic growth.

 

     (2) The commission shall select the director of the office

 

with the concurrence of the director of the department of energy,

 

labor, and economic growth in accordance with state civil service

 

procedures.

 

     Sec. 5. (1) The purpose of the office shall be to provide the

 

commission with information concerning the problems of Spanish-

 

speaking Hispanic/Latino people and to implement commission policy.

 

     (2) The office shall:

 

     (a) Conduct studies and recommend solutions to the problems of

 

Spanish-speaking Hispanic/Latino people in the areas of education,

 

employment, civil rights, health, housing, senior citizens, and

 

other related areas.

 

     (b) Recommend to federal, state, and local governmental

 

departments and agencies the creation of services and facilities as

 

needed.

 

     (c) Serve as a clearinghouse for the collection and

 

distribution of information on Spanish-speaking Hispanic/Latino

 

affairs.

 

     (d) Apply for and accept grants and gifts from governmental

 

and private sources.

 

     (e) Request the services of all state and local governmental

 

departments and agencies to assure that Spanish-speaking

 

Hispanic/Latino people have access to decision-making bodies, the

 

policies of which affect Spanish-speaking Hispanic/Latino people in

 

this state.

 

     (f) Cooperate with departments and agencies to aid in

 

effectuating the purposes of this act.

 

     (g) Submit a full written report of its activities and

 

recommendations each year to the governor, legislature, and various

 

Spanish-speaking Hispanic/Latino communities throughout the state.

 

     Sec. 6. (1) A state Hispanic/Latino interagency council on

 

Spanish-speaking affairs is created within the office.

 

     (2) The council shall consist of:

 

     (a) The director of mental the department of community health

 

or his or her authorized representative.

 

     (b) The director of public health the department of

 

environmental quality or his or her authorized representative.

 

     (c) The director of social the department of human services or

 

his or her authorized representative.

 

     (d) The director of licensing and regulation the department of

 

energy, labor, and economic growth or his or her authorized

 

representative.

 

     (e) The director of the department of natural resources or his

 

or her authorized representative.

 

     (f) The superintendent of public instruction or his or her

 

authorized representative.

 

     (g) The state treasurer or his or her authorized

 

representative.

 

     (h) The director of the department of agriculture or his or

 

her authorized representative.

 

     (i) The state personnel director or his or her authorized

 

representative.

 

     (j) The executive director of the department of civil rights

 

or his or her authorized representative.

 

     (k) The attorney general or his or her authorized

 

representative.

 

     (l) The secretary of state or his or her authorized

 

representative.

 

     (m) The director of the department of corrections or his or

 

her authorized representative.

 

     (n) The executive director of the women's commission or his or

 

her authorized representative.

 

     (o) The director of the department of management and budget or

 

his or her authorized representative.

 

     (p) The director of labor the department of history, arts, and

 

libraries or his or her authorized representative.

 

     (q) The chairman of the state housing development authority or

 

his or her authorized representative.

 

     (3) The purpose of the interagency council shall be to

 

coordinate and provide for the exchange of information on all

 

programs relating to services for Spanish-speaking Hispanic/Latino

 

people. The interagency council shall also assist the office and

 

commission in the development of an annual report which that is to

 

be submitted to the governor, the legislature, and Spanish-speaking

 

Hispanic/Latino communities throughout the state.