Bill Text: MI HB4116 | 2011-2012 | 96th Legislature | Enrolled
Bill Title: State; interstate compacts and agreements; review by attorney general; require. Amends 1846 RS 12 (MCL 14.28 - 14.35) by adding sec. 32a.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Vetoed) 2012-07-18 - Re-referred To Committee On Oversight, Reform, And Ethics [HB4116 Detail]
Download: Michigan-2011-HB4116-Enrolled.html
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Reps. Opsommer, Knollenberg, Rendon, Genetski, Rogers, Agema, Damrow, Johnson and Daley
ENROLLED HOUSE BILL No. 4116
AN ACT to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 32a.
The People of the State of Michigan enact:
Sec. 32a. (1) Before a governmental unit or officer of this state enters into a cross boundary memorandum of agreement, the governmental unit or state officer shall forward all of the following to the attorney general:
(a) A copy of the cross boundary memorandum of agreement.
(b) A written preliminary review of the cross boundary memorandum of agreement that addresses whether it is a legally binding or enforceable agreement.
(c) For a cross boundary memorandum of agreement that appears to be a legally binding or enforceable agreement, a written full review that includes both of the following considerations:
(i) State and federal constitutional requirements and limitations.
(ii) The existence of statutory authority for the cross boundary memorandum of agreement and the extent of the authority, if any, granted to the department, agency, division, subunit, or officer that would execute the cross boundary memorandum of agreement.
(2) Within 10 days after executing a cross boundary memorandum of agreement, the governmental unit or officer shall forward the executed agreement to the office of the great seal with a copy to the attorney general.
(3) The office of the great seal shall accept and officially file a cross boundary memorandum of agreement. By September 1, 2014, each state governmental unit shall forward a copy of any cross boundary memorandum of agreement that it entered into before September 1, 2012, and that is legally binding and still in effect, to the office of the great seal for inclusion in the central repository created in subsection (4).
(4) By September 1, 2012, the office of the great seal shall establish and maintain a publicly accessible central repository that includes each cross boundary memorandum of agreement forwarded to it under subsection (2) or (3). The office of the great seal shall make the repository accessible via the internet by 1 year after the office of the great seal or its assignees or successors make interlocal agreements created under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, accessible to the public via the internet.
(5) This section does not require the disclosure of a public record that is otherwise prohibited by law from public disclosure, is privileged, or is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. This section does not and shall not be construed to prohibit or preempt from public disclosure any cross boundary memorandum of agreement for the sole reason that it was executed by the governor or the lieutenant governor or an agent or employee of the governor or lieutenant governor.
(6) As used in this act:
(a) “Cross boundary memorandum of agreement” means a memorandum of agreement, memorandum of understanding, memorandum of record, compact, or similar agreement that a governmental unit of this state proposes to enter into or enters into with the federal government or a unit of government located outside of this state.
(b) “Governmental unit” means a state department, agency, division, or any other entity or subunit derived from those public bodies.
(7) This section does not limit, and shall not be construed to limit, the ability of any governmental unit to conduct an internal review or to seek legal advice from the attorney general.
Enacting section 1. This amendatory act takes effect September 1, 2012.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
