HOUSE BILL No. 6085 May 16, 2002, Introduced by Reps. Murphy, McConico, Gieleghem, Phillips, Garza, Bernero, Rison, Quarles, Schauer, Williams, Waters and Hardman and referred to the Committee on Family and Children Services. A bill to create the community-based facilitator's office in the executive branch; to prescribe its powers and duties; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. (1) The community-based facilitator's office is 2 created as an autonomous entity within the department of manage- 3 ment and budget. 4 (2) The community-based facilitator's office shall do all of 5 the following: 6 (a) Complete an evaluation of religious, community, and non- 7 profit organizations and government collaborations currently in 8 place within the state and, not later than 2 years after the 9 office has been established, provide a report to the house and 10 senate standing committees dealing with human services that 11 includes all of the following information: 06593'02 LTB 2 1 (i) The number of religious, community, and nonprofit 2 organizations that applied for contracts with the state during 3 the fiscal year starting October 1, 1999 and ending September 30, 4 2000. 5 (ii) The number of religious, community, and nonprofit 6 organizations that have contracts with the state. 7 (iii) The types of services needed by religious, community, 8 and nonprofit organizations from a state office. 9 (iv) Information on the types of initiatives or programs 10 started by other states in the area of religious, community, and 11 nonprofit organizations and government collaboratives. 12 (v) Information on the type of training or education needs 13 identified to assist religious, community, and nonprofit organi- 14 zations in successful collaboration with the state in the area of 15 human services. 16 (b) Develop methods for religious, community, and nonprofit 17 organizations to utilize to effectively participate in the 18 state's procurement process. 19 (c) Provide technical assistance and instruction in grant 20 and proposal writing to religious, community, and nonprofit 21 organizations. 22 (d) Assist religious, community, and nonprofit organizations 23 in applying for state and federal grants. 24 (e) Provide education on state and federal regulations and 25 guidelines to religious, community, and nonprofit organizations 26 related to their collaboration with the state. 06593'02 3 1 (f) Monitor the progress of various proposals related to 2 religious, community, and nonprofit organizations and government 3 collaboratives. 4 (g) Provide intervention and mediation services for reli- 5 gious, community, and nonprofit organizations in their collabora- 6 tions with the state. 7 (h) Provide any other necessary services to religious, com- 8 munity, and nonprofit organizations to assist in their collabora- 9 tions with the state. 10 (3) The department of management and budget shall designate 11 a liaison to provide charitable choice education, technical 12 assistance, and other information that will be available to reli- 13 gious, community, and nonprofit organizations regarding the pro- 14 gram activities of the department and the preparation of applica- 15 tions or proposals for grants, cooperative agreements, contracts, 16 and procurement. The liaison shall be knowledgeable of national 17 and state community collaboratives and public and private funding 18 sources for programs and services for the poor. The liaison 19 shall be respectful and willing to work with all religious, com- 20 munity, and nonprofit organizations and resources in Michigan. 21 The liaison shall gather information concerning state and 22 national innovations, analyze obstacles to partnering with the 23 family independence agency, and work with county family indepen- 24 dence agency boards to develop and maintain relationships with 25 religious, community, and nonprofit organizations. The liaison 26 shall submit an annual report on the liaison's yearly activities 27 to the director and the legislature. The report shall include 06593'02 4 1 recommendations regarding a need for a change in the rules or 2 policy concerning human service contracting with religious, com- 3 munity, and nonprofit organizations. 4 Sec. 2. It is the intent of the legislature to provide 5 assistance to needy individuals and families in the most effec- 6 tive and efficient manner; to prohibit discrimination against 7 religious, community, and nonprofit organizations on the basis of 8 religion in the administration and distribution of government 9 assistance under covered programs; to allow religious, community, 10 and nonprofit organizations to assist in the administration and 11 distribution of assistance without impairing their religious 12 character; and to protect the religious freedom of those in need 13 who are eligible for governmental aid by expanding their opportu- 14 nity to choose to receive services from a diversity of religious, 15 community, and nonprofit organizations in a manner consistent 16 with the free exercise and establishment clauses of the United 17 States constitution. 18 Sec. 3. (1) A state agency or department may contract with 19 a religious, community, or nonprofit organization to administer a 20 program created under this act or to perform a duty of the family 21 independence agency under this act. A state agency or department 22 may use direct or indirect funding mechanisms to contract with a 23 religious, community, or nonprofit organization, agency, or 24 entity as provided in this section. Federal, state, or local 25 government funds or other direct or indirect assistance received 26 by a religious, community, or nonprofit organization to provide 27 services under this act constitutes aid to individuals and 06593'02 5 1 families in need, the ultimate beneficiaries of such services, 2 and not support for, or endorsement of, religion or the 3 organization's religious beliefs or practices. 4 (2) A state agency or department may contract with a reli- 5 gious, community, or nonprofit organization, or allow it to 6 receive certificates, vouchers, or other forms of indirect dis- 7 bursement under a program created under this act on the same 8 basis as any other nongovernmental provider without impairing the 9 religious character of the religious, community, or nonprofit 10 organization, or without diminishing the religious freedom of 11 beneficiaries of assistance funded under such a program. A state 12 or local government agency receiving funds under this act shall 13 not discriminate against an organization that provides assistance 14 under, or applies to provide assistance under, a program adminis- 15 tered under this act on the basis that the organization is reli- 16 gious or of a religious nature. 17 Sec. 4. A religious, community, or nonprofit organization 18 shall not commingle state or federal funds received under this 19 act with funds that religious organization receives for its reli- 20 gious purpose. Federal and state funds received under this act 21 shall be maintained in a separate account and audited and 22 accounted for separately. A religious, community, or nonprofit 23 organization contracting with the state to provide assistance is 24 subject to the same regulations as any other nongovernmental 25 organization contracting with the state to account in accordance 26 with generally accepted accounting principles for the use of 27 funds provided under a program administered under this act. 06593'02 6 1 Sec. 5. A religious organization that contracts with a 2 state agency or department to administer programs retains its 3 autonomy from the state and local government if that religious 4 organization is using its own funds while acting on religious 5 activities. A religious organization shall retain control over 6 the definition, development, practice, and expression of its 7 religious belief and control over its employment policies, con- 8 sistent with section 702 of title VII of the civil rights act of 9 1964, 78 Stat. 255, 42 U.S.C. 2000e-1a. However, the provisions 10 of this section are not intended to expand the existing exemption 11 to allow discrimination in employment policies while using public 12 funds. Any exemption under the federal or state civil rights act 13 applies only to a religious organization's use of its own private 14 funds. 15 Sec. 6. The state shall not require a religious, community, 16 or nonprofit organization to alter its form of internal govern- 17 ance or remove religious art, icons, scripture, or other symbols 18 due to their religious nature in order to provide assistance, or 19 to accept certificates, vouchers, or other forms of disbursement, 20 funded under this act. 21 Sec. 7. (1) If a recipient has an objection to the reli- 22 gious character of the organization from which the recipient 23 receives, or would receive, assistance funded under a program 24 under this act, the appropriate state or local governmental 25 entity shall provide the recipient, if otherwise eligible for 26 assistance, within a reasonable period of time after the date of 06593'02 7 1 the objection, assistance that meets both of the following 2 requirements: 3 (a) Provides an alternative that is accessible to the recip- 4 ient, and unobjectionable to the recipient on religious grounds. 5 (b) Has value that is not less than the value of the assist- 6 ance that the recipient would have received from the religious, 7 community, or nonprofit organization. 8 (2) The state shall provide notice to recipients of their 9 rights under this section. 10 Sec. 8. A religious, community, or nonprofit organization 11 under contract with the family independence agency or providing 12 assistance through a voucher, certificate, or other indirect 13 means shall not discriminate against an individual receiving ben- 14 efits through a program established under this act on the basis 15 of religion, a religious belief, or a refusal to hold a religious 16 belief. 17 Sec. 9. A religious, community, or nonprofit organization 18 that seeks to enforce its rights under this section may assert a 19 civil action for injunctive relief exclusively in an appropriate 20 state court against the official or agency that allegedly vio- 21 lates this section. 22 Sec. 10. Direct funds provided through a contract to a 23 religious, community, or nonprofit organization to provide 24 assistance under a program administered under this act shall not 25 be expended for sectarian instruction, worship, or 26 proselytization. If the religious, community, or nonprofit 27 organization offers that activity, the activity shall be 06593'02 8 1 voluntary for recipients and offered separately from any program 2 funded under this act. A religious, community, or nonprofit 3 organization shall sign a certificate certifying that the organi- 4 zation is aware of and will comply with this subsection. The 5 certificate shall be filed with the government agency that dis- 6 burses the funds. 7 Sec. 11. If an intermediate grantor is given the authority 8 to select a nongovernmental organization to provide assistance 9 under this act, the intermediate grantor has the same duties 10 under this section as the government when selecting or dealing 11 with subgrantors. If the intermediate grantor is a religious, 12 community, or nonprofit organization, that intermediate grantor 13 shall retain all rights of a religious, community, or nonprofit 14 organization under this section. As used in this section, 15 "intermediate grantor" means a nongovernmental organization 16 acting under a contract with the state or local government. 17 Sec. 12. This act is repealed effective September 30, 18 2006. 06593'02 Final page. LTB