HOUSE BILL No. 6763

 

December 4, 2008, Introduced by Rep. Coulouris and referred to the Committee on Banking and Financial Services.

 

     A bill to amend 1984 PA 270, entitled

 

"Michigan strategic fund act,"

 

(MCL 125.2001 to 125.2094) by adding section 16.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 16. (1) The investment oversight board is created within

 

the fund. The investment oversight board shall exercise its powers,

 

duties, and decision-making authority under this section

 

independently of the fund, the board, and the department of

 

treasury, except as necessary to carry out the investment oversight

 

board's investment activities, as specified in subsection (2).

 

     (2) The investment oversight board shall direct the investment

 

of funds received by the fund under tribal gaming compacts entered

 


between this state and a federally recognized Indian tribe.

 

Investments shall be used to provide a direct capital investment.

 

     (3) The investment oversight board shall consist of the

 

following members:

 

     (a) The state treasurer or his or her designee.

 

     (b) The chief executive officer of the Michigan economic

 

development corporation or his or her designee.

 

     (c) The commissioner of the department of energy, labor, and

 

economic growth, office of financial and insurance regulation, or

 

his or her designee.

 

     (d) A person appointed by the commissioner of the department

 

of energy, labor, and economic growth, office of financial and

 

insurance regulation.

 

     (e) Three members appointed by the governor as follows:

 

     (i) One member who represents the interests of the banking

 

industry.

 

     (ii) One member selected from a list of 2 or more individuals

 

selected by the speaker of the house of representatives who

 

represents the interests of small businesses.

 

     (iii) One member selected from a list of 2 or more individuals

 

selected by the majority leader of the senate who represents the

 

interests of small businesses.

 

     (4) The commissioner of the department of energy, labor, and

 

economic growth, office of financial and insurance regulation shall

 

serve as chairperson of the investment oversight board. The

 

investment oversight board shall select from among its members, a

 

member to serve as vice-chairperson and a member to serve as

 


secretary.

 

     (5) Upon appointment to the investment oversight board under

 

this section and upon the taking and filing of the constitutional

 

oath of office prescribed in section 1 of article XI of the state

 

constitution of 1963, a member shall enter the office and exercise

 

the duties of the office.

 

     (6) Members of the investment oversight board shall serve

 

without compensation. Members of the investment oversight board

 

that are not state employees may be reimbursed for actual and

 

necessary expenses.

 

     (7) Upon the initial appointment of members under this

 

section, the investment oversight board shall organize and adopt

 

its own policies, procedures, schedule of regular meetings, and a

 

regular meeting date, place, and time.

 

     (8) The investment oversight board may act only by resolution

 

approved by a majority of the investment oversight board members

 

appointed and serving. A majority of the members of the investment

 

oversight board appointed and serving shall constitute a quorum for

 

the transaction of business. The investment oversight board shall

 

meet in person or by means of electronic communication devices that

 

enable all participants in the meeting to communicate with each

 

other.

 

     (9) The investment oversight board shall conduct all business

 

at public meetings held in compliance with the open meetings act,

 

1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date,

 

and place of each meeting shall be given in the manner required by

 

the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall

 


be published on the fund's internet website.

 

     (10) Financial institutions receiving investments under

 

subsection (2) shall provide the investment oversight board with

 

quarterly reports on the status of the investments received.

 

     (11) The investment oversight board shall provide a report to

 

the senate and house committees on appropriations, the senate and

 

house fiscal agencies, and the state budget office.