HOUSE BILL No. 5744 May 4, 2000, Introduced by Reps. Howell, Scranton, Birkholz, Kukuk, Julian, Gilbert, Tabor, Woronchak, Mead, Kowall, Pumford, DeRossett, Caul, Shackleton, Jelinek, Richardville, Faunce, Bishop, Pappageorge, DeWeese, Geiger, Rick Johnson, Richner, LaSata, Voorhees, Allen, Hager, Rocca, Jansen, DeVuyst and DeHart and referred to the Committee on Constitutional Law and Ethics. A bill to create the project exile commission; to prescribe the duties of the members of the commission; to create the project exile fund; and to provide for disbursements from the fund. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (a) "Commission" means the project exile coordinating com- 3 mission created in section 2. 4 (b) "Fund" means the project exile fund created in section 5 3. 6 Sec. 2. (1) The project exile coordinating commission is 7 created within the department of state police. 8 (2) The commission shall consist of the following members: 9 (a) The attorney general or his or her designated 10 representative. 03386'99 * TVD 2 1 (b) The director of the department of state police or his or 2 her designated representative. 3 (c) One individual appointed by the governor who represents 4 the interests of county prosecuting attorneys. 5 (3) The member first appointed to the commission under sub- 6 section (2)(c) shall be appointed within 60 days after the effec- 7 tive date of this act. 8 (4) The member appointed to the commission under subsection 9 (2)(c) shall serve for terms of 2 years or until a successor is 10 appointed, whichever is later. 11 (5) If a vacancy of a member appointed under subsection 12 (2)(c) occurs, the governor shall make an appointment for the 13 unexpired term in the same manner as the original appointment. 14 (6) The governor may remove the member of the commission 15 appointed under subsection (2)(c) for incompetency, dereliction 16 of duty, malfeasance, misfeasance, or nonfeasance in office, or 17 any other good cause. 18 (7) The first meeting of the commission shall be held within 19 90 days after the effective date of this act. At the first meet- 20 ing, the commission shall elect from among its members a chair- 21 person and other officers as it considers necessary or 22 appropriate. After the first meeting, the commission shall meet 23 at least quarterly, or more frequently at the call of the chair- 24 person or if requested by 2 or more members. 25 (8) A majority of the members of the commission constitute a 26 quorum for the transaction of business at a meeting of the 03386'99 * 3 1 commission. A majority of the members present and serving are 2 required for official action of the commission. 3 (9) The business that the commission may perform shall be 4 conducted at a public meeting of the commission held in compli- 5 ance with the open meetings act, 1976 PA 267, MCL 15.261 to 6 15.275. 7 (10) A writing prepared, owned, used, in the possession of, 8 or retained by the commission in the performance of an official 9 function is subject to the freedom of information act, 1976 10 PA 442, MCL 15.231 to 15.246. 11 (11) Members of the commission shall serve without 12 compensation. However, members of the commission may be reim- 13 bursed for their actual and necessary expenses incurred in the 14 performance of their official duties as members of the 15 commission. 16 (12) The commission shall do all of the following: 17 (a) Provide information and training to law enforcement 18 agencies and prosecuting attorneys regarding the firearms laws of 19 this state and of the United States and the penalties for violat- 20 ing those respective laws. 21 (b) Provide information, training, and technical assistance 22 to law enforcement agencies and prosecuting attorneys to coordi- 23 nate criminal prosecutions under the firearms laws of this state 24 and the United States. 25 (c) To provide funding to law enforcement agencies and pros- 26 ecuting attorneys in the form of grants and loans for any of the 27 following purposes: 03386'99 * 4 1 (i) To implement subdivisions (a) and (b). 2 (ii) To hire additional prosecutors, law enforcement agents, 3 or other personnel or to provide additional equipment or supplies 4 to coordinate criminal prosecutions under the firearms laws of 5 this state and the United States. 6 (iii) To increase public awareness of the coordination of 7 those criminal prosecutions. 8 Sec. 3. (1) The project exile fund is created within the 9 state treasury. 10 (2) The state treasurer may receive money or other assets 11 from any source for deposit into the fund. The state treasurer 12 shall direct the investment of the fund. The state treasurer 13 shall credit to the fund interest and earnings from fund 14 investments. 15 (3) Money in the fund at the close of the fiscal year shall 16 remain in the fund and shall not lapse to the general fund. 17 (4) The project exile coordination commission shall expend 18 money from the fund only for purposes of section 2(12). 19 Enacting section 1. This act takes effect September 1, 20 2000. 03386'99 * Final page. TVD