SB-0090, As Passed Senate, January 14, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 90

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to create an African-American affairs commission, an

 

office of African-American affairs, and an interagency council on

 

African-American affairs; to prescribe their 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. This act shall be known and may be cited as the

 

"African-American affairs commission act".

 

     Sec. 3. As used in this act:

 

     (a) "African-American" means a person who has origins in

 

Africa. It refers to an individual descended from any of the Black

 

racial groups of Africa, such as Kenyan and Nigerian in sub-Saharan

 

Africa, and also applies to individuals of Afro-Caribbean descent


through countries such as Haiti and Jamaica.

 

     (b) "Commission" means the African-American affairs commission

 

created in section 5.

 

     (c) "Department" means the department of civil rights.

 

     (d) "Director" means the director of the office of African-

 

American affairs.

 

     (e) "Office" means the office of African-American affairs

 

created in section 13.

 

     Sec. 5. (1) The African-American affairs commission is created

 

within the department of civil rights. The commission shall

 

exercise its powers and duties independently of the department

 

except for budget, procurement, and housekeeping functions. The

 

commission shall consist of 15 members appointed by the governor

 

with the advice and consent of the senate. The commission shall

 

elect a chairperson and vice-chairperson annually and shall elect

 

other officers from its members as the commission considers

 

appropriate.

 

     (2) Members of the commission shall be individuals who have a

 

particular interest or expertise in African-American concerns.

 

     (3) A member of the commission shall serve for a term of 3

 

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

 

that of the members first appointed, 5 shall serve for 3 years, 5

 

shall serve for 2 years, and 5 shall serve for 1 year.

 

     (4) If a vacancy occurs on the commission, the governor shall

 

make an appointment for the balance of the unexpired term in the

 

same manner as the original appointment.

 

     (5) The governor shall appoint the commission within 90 days

 


after the effective date of this act.

 

     Sec. 7. (1) Within 90 days after appointment and confirmation

 

of all members, the commission shall adopt bylaws for the operation

 

of the commission. The bylaws shall include, at a minimum, voting

 

procedures and minimum requirements for attendance at meetings.

 

     (2) The commission shall hold regular quarterly meetings at

 

places and on dates as determined by the commission. Special

 

meetings may be called by the chairperson or by not fewer than 8

 

commission members on 3 business days' actual notice.

 

     (3) A majority of the commission members appointed and serving

 

constitutes a quorum for the transaction of business at a meeting

 

of the commission. Official action by the commission shall be only

 

by affirmative vote of a majority of the commission members

 

appointed and serving. A commission member shall not vote by proxy.

 

     (4) The legislature annually shall fix the per diem

 

compensation of members of the commission. Expenses of members

 

incurred in the performance of official duties shall be reimbursed

 

as provided by law for state employees.

 

     (5) The department shall furnish administrative services to

 

the commission and shall provide secretarial and other staff

 

necessary to allow the proper exercise of the powers and duties of

 

the commission. The department shall provide adequate office space

 

to the commission. The department shall give notice of the times

 

and places of commission meetings and keep minutes of the meetings

 

and a record of the actions of the commission.

 

     (6) The department shall assign professional employees to

 

staff the commission to assist the commission in the performance of

 


its substantive responsibilities under this act.

 

     Sec. 9. (1) A meeting of the commission shall be held pursuant

 

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

 

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

 

retained by the commission or office in the performance of an

 

official function shall be made available to the public pursuant to

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     Sec. 11. The commission shall do all of the following:

 

     (a) Stimulate and encourage the study and review of the status

 

of African-Americans in this state.

 

     (b) Develop a unified policy and plan of action to serve the

 

needs of African-Americans in this state.

 

     (c) Advise the governor, the legislature, and the office

 

concerning the coordination and administration of state programs

 

serving African-Americans.

 

     (d) Make recommendations to the governor and legislature

 

regarding changes in state programs, statutes, and policies.

 

     (e) Advise the governor and legislature of the nature,

 

magnitude, and priorities of the problems of African-Americans in

 

this state.

 

     (f) Review and advise the governor and the legislature on this

 

state's policies concerning African-American affairs.

 

     (g) Secure appropriate recognition of African-American

 

accomplishments and contributions to this state.

 

     (h) Review and approve the annual report by the office of

 

African-American affairs as described in section 15(j).

 

     (i) Make recommendations to the governor and legislature

 


regarding methods of overcoming discrimination against African-

 

Americans in public and private employment and civil and political

 

rights.

 

     (j) Work to ensure equal access to all levels of education for

 

African-Americans.

 

     (k) Promote methods to ensure equal access to state services

 

for African-Americans.

 

     (l) Cooperate with and coordinate activities with the

 

Hispanic/Latino commission of Michigan, the Michigan women's

 

commission, and any other commission that deals with minority or

 

ethnic affairs.

 

     (m) Monitor, evaluate, investigate, advocate, and initiate

 

programs for the betterment of African-Americans in this state.

 

     (n) Serve as a reporting agency for incidents of anti-African-

 

American harassment in this state.

 

     (o) Promote public awareness of cultures.

 

     Sec. 13. (1) Subject to subsection (5), the office of African-

 

American affairs is created in the department of civil rights.

 

     (2) The commission shall select the director of the office

 

with the concurrence of the director of the department in

 

accordance with state civil service procedures.

 

     (3) The department shall furnish administrative services to

 

the office and shall provide secretarial and other staff necessary

 

to allow the proper exercise of the powers and duties of the

 

office. The department shall provide adequate office space to the

 

office.

 

     (4) The department shall assign professional employees to

 


staff the office necessary to assist the office in the performance

 

of its substantive responsibilities under this act.

 

     (5) Creation of the office of African-American affairs is

 

contingent on an appropriation being made for that purpose.

 

     Sec. 15. The office shall do all of the following:

 

     (a) Provide the commission with information concerning the

 

problems of African-Americans and implement commission policy.

 

     (b) Conduct studies and recommend solutions to the problems of

 

African-Americans in the areas of education, employment, civil

 

rights, health, housing, senior citizens, mental health, social

 

service, commerce, and other related areas.

 

     (c) Recommend to federal, state, and local governmental

 

departments and agencies the creation of services and facilities as

 

the commission considers appropriate.

 

     (d) Serve as a reporting agency for the collection and

 

distribution of information on African-American affairs.

 

     (e) Apply for and accept grants and gifts from governmental

 

and private sources.

 

     (f) Request the services of all state and local governmental

 

departments and agencies to assure that African-Americans have

 

access to decision-making bodies, the policies of which affect

 

African-Americans in this state.

 

     (g) Cooperate with departments and agencies to aid in

 

effectuating the purposes of this act.

 

     (h) Review the performance of state departments and agencies

 

regarding the hiring and promotion of African-Americans by state

 

departments and agencies and the provision of services to African-

 


Americans by state departments and agencies.

 

     (i) Review the curriculum, programs, and policies of

 

elementary, secondary, and postsecondary educational institutions

 

of this state regarding African-Americans and the admissions

 

programs and policies of postsecondary educational institutions of

 

this state regarding African-Americans.

 

     (j) Submit a full written report of its activities and

 

recommendations each year to the governor, legislature, and various

 

African-American communities throughout this state.

 

     Sec. 17. (1) A state interagency council on African-American

 

Affairs is created within the office.

 

     (2) The council shall consist of:

 

     (a) The director of the department of health and human

 

services or his or her authorized representative.

 

     (b) The director of the department of natural resources or his

 

or her authorized representative.

 

     (c) The superintendent of public instruction or his or her

 

authorized representative.

 

     (d) The state treasurer or his or her authorized

 

representative.

 

     (e) The director of the department of agriculture and rural

 

development or his or her authorized representative.

 

     (f) The state personnel director or his or her authorized

 

representative.

 

     (g) The director of the department of civil rights or his or

 

her authorized representative.

 

     (h) The attorney general or his or her authorized

 


representative.

 

     (i) The secretary of state or his or her authorized

 

representative.

 

     (j) The director of the department of corrections or his or

 

her authorized representative.

 

     (k) The executive director of the Michigan women's commission

 

or his or her authorized representative.

 

     (l) The director of the department of technology, management,

 

and budget or his or her authorized representative.

 

     (m) The director of the department of licensing and regulatory

 

affairs or his or her authorized representative.

 

     (n) The chair of the state housing development authority or

 

his or her authorized representative.

 

     (o) The director of the department of state police or his or

 

her authorized representative.

 

     (3) The purpose of the interagency council is to coordinate

 

and provide for the exchange of information on all programs

 

relating to services for African-American people. The interagency

 

council shall also assist the office and commission in the

 

development of an annual report, which shall be submitted to the

 

governor, the legislature, and representatives of African-American

 

communities throughout the state.

 

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

 

date it is enacted into law.