November 9, 2016, Introduced by Senator BIEDA and referred to the Committee on Government Operations.
A bill to amend 1911 PA 209, entitled
"An act to adopt and prescribe the design of a state coat-of-arms
and state flag, and their use; to prohibit the use of the same for
advertising purposes; to prescribe standards for the manufacture,
sale, and display of certain flags of the United States and the
state flag; and to prescribe the powers and duties of certain state
agencies and officials,"
by amending the title and section 3 (MCL 2.23), the title as
amended by 2012 PA 167, and by adding section 3a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to adopt and prescribe the design of a state coat-of-
arms and state flag, and their use; to prohibit the use of the same
for advertising purposes; to prescribe standards for the
manufacture, sale, and display of certain flags of the United
States
and the state flag; and to prescribe the powers and duties
of certain state agencies and officials; to create a flag
commission and prescribe its powers and duties; and to provide for
a state flag design contest.
Sec. 3. (1)
The Through December 31, 2018, the state flag
shall
be design is blue charged with the arms of the state.
(2) Beginning January 1, 2019, the state flag design will be
the design winner.
(3) As used in this section and section 3a:
(a) "Design submission" means a proposal of a new design that
is submitted for the state flag design contest and that meets both
of the following criteria:
(i) The design is an original work of the individual
submitting it.
(ii) The reverse side is a mirror image of the obverse side.
(b) "Design winner" means the design submission that is
selected by the flag commission as the new state flag design.
(c) "State flag design contest" means the process performed by
the flag commission pursuant to section 3a of collecting design
submissions and selecting the design winner.
Sec. 3a. (1) The flag commission is created within the
department of state.
(2) The flag commission consists of the following members:
(a) Three individuals who are each a professional artist or
state historian selected and appointed by the Michigan historical
commission.
(b) One individual from the art or design program at the
University of Michigan selected and appointed by the president of
that university.
(c) One individual from the art or design program at Michigan
State University selected and appointed by the president of that
university.
(d) One individual from the art or design program at Wayne
State University selected and appointed by the president of that
university.
(e) One individual from the art or design program at the
College for Creative Studies selected and appointed by the
president of that college.
(f) One individual from the art or design program at Northern
Michigan University selected and appointed by the president of that
university.
(g) One individual from the art or design program at Lake
Superior State University selected and appointed by the president
of that university.
(h) One individual appointed by the senate majority leader.
(i) One individual appointed by the senate minority leader.
(j) One individual appointed by the speaker of the house of
representatives.
(k) One individual appointed by the minority leader of the
house of representatives.
(l) Two individuals appointed by the governor.
(m) One individual appointed by the secretary of state.
(n) One individual appointed by the attorney general.
(3) The members first appointed to the flag commission shall
be appointed within 30 days after the effective date of this
section.
(4) Members of the flag commission shall serve for the entire
term of appointment, which ends December 31, 2018.
(5) If a vacancy occurs on the flag commission, the new
appointment for the remaining term will be completed in the same
manner as the original appointment.
(6) The first meeting of the flag commission shall be called
by the first individual appointed by the governor under subsection
(2)(l). At the first meeting, the flag commission shall elect from
among its members a chairperson and other officers as it considers
necessary or appropriate, and will determine the schedule of
meetings necessary to effect the purpose of the flag commission.
(7) A majority of the members of the flag commission
constitute a quorum for the transaction of business at a meeting of
the flag commission. A majority vote of the members present and
serving is required for official action of the flag commission.
(8) The business that the flag commission may perform shall be
conducted at a public meeting of the flag commission held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(9) A writing prepared, owned, used, in the possession of, or
retained by the flag commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(10) Members of the flag commission shall serve without
compensation. However, members of the flag commission may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the flag
commission.
(11) The flag commission shall do all of the following in
executing the state flag design contest and selecting the design
winner:
(a) Accept design submissions from January 26, 2018 until July
26, 2018.
(b) Create and publish rules for the state flag design
contest.
(c) Ensure that all copyright interests in design submissions
have been relinquished at the time of submission.
(d) Advertise and promote the state flag design contest.
(e) Announce the design winner on or before September 26,
2018.