Bill Text: MI SB0340 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Economic development; economic development corporations; business ombudsman; create. Creates new act. TIE BAR WITH: SB 0002'09
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Engrossed - Dead) 2009-09-15 - Referred To Committee On New Economy And Quality Of Life [SB0340 Detail]
Download: Michigan-2009-SB0340-Engrossed.html
SB-0340, As Passed Senate, September 15, 2009
SUBSTITUTE FOR
SENATE BILL NO. 340
A bill to amend 1984 PA 270, entitled
"Michigan strategic fund act,"
(MCL 125.2001 to 125.2094) by adding sections 79e, 79f, and 79g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 79e. (1) All departments, agencies, boards, committees,
commissions, or officers of this state or any political subdivision
of this state, so far as is compatible with their duties, shall
give the office any assistance requested by the office in the
performance of the office's duties. All departments, agencies,
boards, committees, commissions, or officers of this state or any
political subdivision of this state shall provide the office free
access to agency personnel and any book, record, or document in
their custody, relating to investigation of a complaint by the
office, other than information described in section 13 of the
freedom of information act, 1976 PA 442, MCL 15.243.
(2) A person shall not interfere with, prevent, or prohibit
the ombudsman from carrying out his or her powers or duties under
this chapter.
(3) A state department or agency shall not discriminate
against a person because a complaint against the department or
agency has been or may be filed with the office by or on behalf of
the person.
(4) The office may bring an action in the circuit court for
Ingham county to enforce this chapter as it relates to the office.
Sec. 79f. (1) If, after investigation, the ombudsman is of the
opinion that a department or agency should consider the matter
further; alter a regulation, practice, or ruling; explain more
fully the action in question; rectify an omission; or take any
other action, the ombudsman shall state any conclusions,
recommendations, and reasons for those conclusions or
recommendations to the department or agency involved. At the
ombudsman's request, the department or agency shall, within the
time specified, inform the ombudsman about the action taken on
recommendations or the reasons for not complying with them.
(2) After a reasonable period of time has elapsed, the
ombudsman may issue his or her conclusions or recommendations to
the legislature, the governor, a grand jury, the public, or any
other appropriate authority. The ombudsman shall include any brief
statement the agency may provide in response to the investigation.
Senate Bill No. 340 as amended September 10, 2009
(3) If the ombudsman believes that an action by the department
or agency has been dictated by laws whose results are unfair or
otherwise objectionable, and could be revised by legislative
action, the ombudsman shall notify the secretary of the senate and
the clerk of the house of representatives and the agency of
desirable statutory change.
(4) If the ombudsman believes that any agency official or
employee has acted in a manner warranting criminal or disciplinary
proceedings, the ombudsman shall refer the matter to the
appropriate authorities << >>.
Sec. 79g. Information obtained by the office from businesses
that utilize its services shall be held in confidence by those
employed by the office to the extent authorized under the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246, including,
but not limited to, those provisions pertaining to exemptions from
disclosure for trade secrets and commercial and financial
information.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 2 of the 95th Legislature is enacted into
law.
