Bill Text: MI SB0761 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: State agencies (proposed); boards and commissions; commission on unsolved civil rights crimes and cold cases; create. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-23 - Referred To Committee On Elections And Government Reform [SB0761 Detail]

Download: Michigan-2017-SB0761-Introduced.html

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SENATE BILL No. 761

 

 

January 23, 2018, Introduced by Senators CONYERS, HOPGOOD, KNEZEK, ANANICH, JONES, BIEDA and GREGORY and referred to the Committee on Elections and Government Reform.

 

 

     A bill to create a commission on unsolved civil rights crimes

 

and cold cases; 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. As used in this act:

 

     (a) "Civil rights crime" means a criminal violation committed

 

against a resident of this state to prevent that resident's

 

political or social freedom or equality.

 

     (b) "Cold case" means the investigation of an unsolved

 

criminal violation that remains open pending the discovery of new

 

evidence.

 

     (c) "Commission" means the commission on unsolved civil rights

crimes and cold cases created in section 3.

 

     Sec. 3. (1) A commission on unsolved civil rights crimes and

 

cold cases is created in the department of civil rights to study

 

issues relating to the investigation and prosecution of unsolved

 

civil rights crimes and cold cases from the civil rights era.

 

     (2) The commission consists of the following members:

 

     (a) The lieutenant governor as an ex officio, nonvoting

 

member.

 

     (b) An individual appointed by the governor.

 

     (c) An individual appointed by the senate majority leader.

 

     (d) An individual appointed by the senate minority leader.

 

     (e) An individual appointed by the speaker of the house of

 

representatives.

 

     (f) An individual appointed by the minority leader of the

 

house of representatives.

 

     (g) Four individuals from public universities in this state

 

appointed by the governor.

 

     (3) The members first appointed to the commission shall be

 

appointed within 60 days after the effective date of this act.

 

     (4) Members of the commission shall serve for terms of 4 years

 

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

 

of the members first appointed 3 shall serve for 1 year, 3 shall

 

serve for 2 years, and 3 shall serve for 3 years.

 

     (5) A vacancy on the commission shall be filled for the

 

unexpired term in the same manner as the original appointment.

 

     (6) The governor may remove a member of the commission for

 

incompetence, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

 

     (7) The first meeting of the commission shall be called by the

 

lieutenant governor. At the first meeting, the commission shall

 

elect from among its members a chairperson and other officers as it

 

considers necessary or appropriate. After the first meeting, the

 

commission shall meet at least quarterly, or more frequently at the

 

call of the chairperson or if requested by 6 or more voting

 

members.

 

     (8) A majority of the members of the committee constitute a

 

quorum for the transaction of business at a meeting of the

 

committee. A majority of the members present and serving are

 

required for official action of the committee.

 

     (9) The business that the committee may perform shall be

 

conducted at a public meeting of the committee held in compliance

 

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

 

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

 

retained by the committee in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (11) Members of the commission shall serve without

 

compensation. However, members of the commission may be reimbursed

 

for their actual and necessary expenses incurred in the performance

 

of their official duties as members of the commission.

 

     (12) The commission shall submit an annual report to the

 

legislature of its findings and recommendations, including any

 

proposed legislation or other appropriate means to ensure the

 

investigation and prosecution of civil rights crimes and cold cases

from the civil rights era.

 

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

 

date it is enacted into law.