Bill Text: MI SB0002 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State; other; small business ombudsman and advisory panel; establish. Creates new act. TIE BAR WITH: SB 0340'09
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2009-09-15 - Referred To Committee On New Economy And Quality Of Life [SB0002 Detail]
Download: Michigan-2009-SB0002-Engrossed.html
SB-0002, As Passed Senate, September 15, 2009
SUBSTITUTE FOR
SENATE BILL NO. 2
A bill to amend 1984 PA 270, entitled
"Michigan strategic fund act,"
(MCL 125.2001 to 125.2094) by amending the title, as amended by
2005 PA 255, and by adding chapter 7A.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act relating to the economic development of this state; to
create the Michigan strategic fund and to prescribe its powers and
duties; to transfer and provide for the acquisition and succession
to the rights, properties, obligations, and duties of the job
development authority and the Michigan economic development
authority to the Michigan strategic fund; to provide for the
expenditure of proceeds in certain funds to which the Michigan
strategic fund succeeds in ownership; to provide for the issuance
of, and terms and conditions for, certain notes and bonds of the
Michigan strategic fund; to create certain boards and funds; to
create certain permanent funds; to exempt the property, income, and
operation of the fund and its bonds and notes, and the interest
thereon, from certain taxes; to provide for the creation of certain
centers within and for the purposes of the Michigan strategic fund;
to provide for the creation and funding of certain accounts for
certain purposes; to provide for the creation of an office of
business ombudsman within the Michigan strategic fund and to
provide for its powers and duties; to impose certain powers and
duties upon certain officials, departments, and authorities of this
state; to make certain loans, grants, and investments; to provide
penalties; to make an appropriation; and to repeal acts and parts
of acts.
CHAPTER 7A
Sec. 79a. As used in this chapter:
(a) "Office" means the office of the business ombudsman.
(b) "Ombudsman" means the business ombudsman.
Sec. 79b. (1) The office of the business ombudsman is created
as an autonomous entity in the fund. The office shall be an
independent, impartial state office empowered to investigate and
review the actions of regulatory agencies of this state. The office
shall monitor and ensure compliance with relevant laws and policies
and recommend appropriate changes in policy, procedure, and
legislation.
(2) The principal executive officer of the office is the
business ombudsman, who shall be appointed by the governor with the
advice and consent of the senate. The individual who is serving in
the capacity of business ombudsman on the effective date of this
amendatory act shall continue to serve as the business ombudsman,
subject to the advice and consent of the senate.
(3) The individual appointed ombudsman shall be qualified by
training and experience to perform the duties and exercise the
powers of the business ombudsman and the office as provided in this
act.
(4) The governor may remove the ombudsman from office for
cause, including, but not limited to, incompetence, official
misconduct, habitual or willful neglect of duty, or other
misfeasance or malfeasance in connection with the operation of the
office. The governor shall report the reason for the removal to the
legislature.
(5) The ombudsman shall not be actively involved in political
party activities or publicly endorse, solicit funds for, or make
contributions to political parties or candidates for elective
office. The ombudsman shall not engage in any other occupation,
business, or profession likely to detract from the full-time
performance of his or her duties as ombudsman or to result in a
conflict of interest or an appearance of impropriety or partiality.
Sec. 79c. (1) The office of the business ombudsman shall
receive, investigate, and resolve complaints and disputes from
businesses against departments and agencies of this state. Any
individual may submit a complaint to the office. The office has the
sole discretion and authority to determine if a complaint falls
within the powers and duties of the office to investigate. The
office may initiate an investigation without receiving a complaint.
Complainants are entitled to receive the recommendations of the
ombudsman and the department or agency's response to the
recommendations of the ombudsman consistent with state and federal
law.
(2) The office may coordinate or do all of the following:
(a) Conduct independent evaluations of all activities
conducted under section 79d.
(b) Review and provide comments and recommendations to the
federal government and state departments and agencies regarding the
development and implementation of regulatory requirements that
impact businesses.
(c) Facilitate and promote the participation of businesses in
the development of rules that impact businesses.
(d) Assist in providing reports to the governor and
legislature and the public regarding the applicability of state
laws and regulations to business.
(e) Aid in the dissemination of information to businesses and
other interested parties.
(f) Participate in or sponsor meetings and conferences with
state and local regulatory officials, industry groups, and business
representatives.
(g) Work with trade associations and businesses to bring about
voluntary compliance with regulatory laws and rules.
(h) Work with regional and state offices of the small business
administration, the United States department of commerce, the
United States department of agriculture, the Michigan strategic
fund, and the Michigan economic development corporation, and other
federal and state agencies that may have programs to financially
assist businesses in need of funds to comply with state regulation.
(i) Work with private sector financial institutions to assist
businesses in locating sources of funds to comply with state
regulation.
(j) Conduct studies to evaluate the impacts of state
regulation on the state's economy, local economies, and businesses.
(k) Work with other states to establish a network for sharing
information on businesses and their efforts to comply with state
regulation.
(l) Make recommendations to the department and the legislature
concerning the reduction of any fees required under state law to
take into account the financial resources of businesses.
Sec. 79d. (1) The ombudsman shall establish procedures for the
office for budgeting, expending money, and employing personnel
according to the management and budget act, 1984 PA 431, MCL
18.1101 to 18.1594. Subject to annual appropriations, the ombudsman
shall employ sufficient personnel to carry out the duties and
powers prescribed by this act. The board shall cooperate with the
office in administering the budget, procurement, and related
management functions of the office. The board may provide the
office with staff support and other services to assist the office
in performing the functions and duties of the office.
(2) The office of business ombudsman may develop mechanisms
for all of the following:
(a) Developing, collecting, and coordinating information on
compliance methods and technologies for businesses.
(b) Assisting business with information regarding alternative
technologies, process changes, and products and methods of
operation that help ensure compliance with state regulation.
(c) Establishing a compliance assistance program that assists
businesses in determining applicable requirements for compliance
and the procedures for obtaining permits efficiently in a timely
manner under state law.
(3) The office shall develop adequate mechanisms for all of
the following:
(a) Encouraging lawful cooperation among businesses and other
persons to further compliance with state regulatory laws and for
receiving and processing complaints about the administration of
those laws by state departments and agencies.
(b) Providing mechanisms and access to information so that
businesses receive notification of their rights under state law in
a manner and form that assures reasonably adequate time for
businesses to evaluate their compliance methods or applicable
proposed or final rules or standards.
(c) Informing businesses of their obligations under state law,
including mechanisms for referring businesses to qualified auditors
or to the state if the state elects to provide audits to determine
compliance with state law. To the extent permissible by state and
federal law, audits shall be separate from the formal inspection
and compliance program.
(d) Providing information on how to obtain consideration from
a state department or agency on requests from businesses for
modifications of any work practice or technological method of
compliance.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 340 of the 95th Legislature is enacted into
law.
