HOUSE BILL No. 5637 March 5, 1998, Introduced by Reps. Thomas, Schauer, Profit, DeHart, Brater, McBryde, Harder, Kelly, Kilpatrick, Jelinek, Goschka, LaForge, Baird, Cherry, Dobb, Oxender, Gubow, Gire, Stallworth, Hale, Bogardus, Anthony, Scott, Vaughn, Cassis, Perricone and Raczkowski and referred to the Committee on House Oversight and Ethics. A bill to create the Michigan freedom trail commission; and to prescribe the powers and duties of certain state departments, agencies, commissions, and officers. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "Michigan freedom trail commission act". 3 Sec. 2. As used in this act: 4 (a) "Department" means the department of state. 5 (b) "Michigan freedom trail commission" or "commission" 6 means the Michigan freedom trail commission created in section 7 3. 8 Sec. 3. (1) The Michigan freedom trail commission is cre- 9 ated within the department of state. The commission shall 10 exercise its prescribed duties and functions independently of the 11 secretary of state. However, the budgeting, procurement, and 05447'98 JLB 2 1 related functions of the commission and administrative 2 responsibilities for the staff of the commission shall be per- 3 formed under the direction and supervision of the secretary of 4 state. 5 (2) The commission shall consist of the following: 6 (a) Members appointed by the governor, as follows: 7 (i) Three members from the academic community knowledgeable 8 in African-American history. 9 (ii) Three members actively involved in civil rights 10 issues. 11 (iii) Three members knowledgeable in historic preservation. 12 (iv) Three members representing a local governmental unit in 13 which the underground railroad had a significant presence. 14 (b) Members serving ex officio without vote as follows: 15 (i) The director of the department of natural resources or 16 his or her representative. 17 (ii) The director of the department of consumer and industry 18 services or his or her representative. 19 (iii) The director of the travel bureau or his or her 20 representative. 21 (iv) The state archivist or his or her representative. 22 (v) The state librarian or his or her representative. 23 (vi) The secretary of state or his or her representative. 24 (3) The members appointed under subsection (2)(a) first 25 appointed to the commission shall be appointed within 90 days 26 after the effective date of this act. 05447'98 3 1 (4) Members of the commission appointed under 2 subsection (2)(a) shall serve for terms of 4 years or until a 3 successor is appointed, whichever is later, except that of the 4 members first appointed 3 shall serve for 1 year, 3 shall serve 5 for 2 years, and 3 shall serve for 3 years. 6 (5) If a vacancy occurs on the commission among members 7 appointed under subsection (2)(a), the governor shall make an 8 appointment for the unexpired term in the same manner as the 9 original appointment. 10 (6) The governor may remove a member of the commission for 11 incompetency, dereliction of duty, malfeasance, misfeasance, or 12 nonfeasance in office, or any other good cause. 13 (7) At the first meeting, the commission shall elect from 14 among its members a chairperson and other officers as it consid- 15 ers necessary or appropriate. After the first meeting, the com- 16 mission shall meet at least quarterly, or more frequently at the 17 call of the chairperson or if requested by 6 or more members 18 appointed under subsection (2)(a). 19 (8) A majority of the members of the commission appointed 20 under subsection (2)(a) constitute a quorum for the transaction 21 of business at a meeting of the commission. A majority of the 22 members appointed under subsection (2)(a) present and serving are 23 required for official action of the commission. 24 (9) The business that the commission may perform shall be 25 conducted at a public meeting of the commission held in compli- 26 ance with the open meetings act, 1976 PA 267, MCL 15.261 to 27 15.275. 05447'98 4 1 (10) A writing prepared, owned, used, in the possession of, 2 or retained by the commission in the performance of an official 3 function is subject to the freedom of information act, 1976 PA 4 442, MCL 15.231 to 15.246. 5 (11) Members of the commission shall serve without 6 compensation. However, members of the commission may be reim- 7 bursed for their actual and necessary expenses incurred in the 8 performance of their official duties as members of the 9 commission. 10 Sec. 4. The commission shall do all of the following: 11 (a) Review, plan, and implement a master plan to promote and 12 preserve the history of the freedom trail and underground rail- 13 road in this state. 14 (b) Work in conjunction with state and federal authorities 15 to sponsor commemorations, linkages, seminars, and public forums 16 on the freedom trail and underground railroad in this state and 17 neighboring states. 18 (c) Assist and promote the making of applications for inclu- 19 sion in the national and state register of historic places for 20 significant historic places related to the freedom trail and the 21 underground railroad in Michigan. 22 (d) Assist and develop partnerships to seek public and pri- 23 vate funds to carry out activities to protect, preserve, and pro- 24 mote the legacy of the freedom trail and underground railroad in 25 this state. 05447'98 5 1 Sec. 5. The commission shall annually report to the 2 governor and both houses of the legislature on the activities of 3 the commission in the prior calendar year. 05447'98 Final page. JLB