HOUSE BILL No. 4957


     June 13, 2001, Introduced by Reps. Thomas and Stewart and referred to the Committee on Commerce.


        A bill to amend 1998 PA 409, entitled

   "Michigan freedom trail commission act,"

   by amending sections 2 and 3 (MCL 399.82 and 399.83).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 2.  As used in this act:

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           (a) "Department" means the department of  state  HISTORY,

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      ARTS, AND CULTURE.

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           (b) "Michigan freedom trail commission" or "commission"

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      means the Michigan freedom trail commission created in

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      section 3.

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           Sec. 3.  (1) The Michigan freedom trail commission is cre-

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      ated within the department.  of state.  The commission shall

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      exercise its prescribed duties and functions independently of the

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      secretary of state.  However, the  THE budgeting, procurement,

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      and related functions of the commission and administrative


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      responsibilities for the staff of the commission shall be

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      performed under the direction and supervision of the  secretary

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      of state  DEPARTMENT.

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           (2) The commission shall consist of the following:

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           (a) Members appointed by the governor, as follows:

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           (i) Three members from the academic community knowledgeable

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      in African-American history.

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           (ii) One member actively involved in civil rights issues.

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           (iii) One member knowledgeable in historic preservation.

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           (iv) One member representing local communities in which the

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      underground railroad had a significant presence.

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           (v) Three members at large, 1 of whom shall be a representa-

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      tive of the museum of African American history located in the

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      city of Detroit.

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           (b) Members serving ex officio without vote as follows:

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           (i) The chief executive officer of the Michigan  jobs

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      commission  ECONOMIC DEVELOPMENT CORPORATION or his or her

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      representative.

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           (ii) The state librarian or his or her representative.

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           (iii) The  secretary of state  DIRECTOR OF THE DEPARTMENT or

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      his or her representative.

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           (3) The members appointed under subsection (2)(a) first

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      appointed to the commission shall be appointed within 90 days

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      after  the effective date of this act  DECEMBER 21, 1998.

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           (4) Members of the commission appointed under

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      subsection (2)(a) shall serve for terms of 4 years or until a

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      successor is appointed, whichever is later, except that of the


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      members first appointed 3 shall serve for 1 year, 3 shall serve

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      for 2 years, and 3 shall serve for 3 years.

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           (5) If a vacancy occurs on the commission among members

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      appointed under subsection (2)(a), the governor shall make an

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      appointment for the unexpired term in the same manner as the

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      original appointment.

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           (6) The governor may remove a member of the commission for

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      incompetency, dereliction of duty, malfeasance, misfeasance, or

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      nonfeasance in office, or any other good cause.

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           (7) At the first meeting, the commission shall elect from

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      among its members a chairperson and other officers as it consid-

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      ers necessary or appropriate.  After the first meeting, the com-

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      mission shall meet at least quarterly, or more frequently at the

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      call of the chairperson or if requested by 6 or more members

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      appointed under subsection (2)(a).

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           (8) A majority of the members of the commission appointed

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      under subsection (2)(a) constitute a quorum for the transaction

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      of business at a meeting of the commission.  A majority of the

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      members appointed under subsection (2)(a) present and serving are

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      required for official action of the commission.

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           (9) The business that the commission may perform shall be

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      conducted at a public meeting of the commission held in compli-

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      ance with the open meetings act, 1976 PA 267, MCL 15.261 to

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      15.275.

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

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      or retained by the commission in the performance of an official





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      function is subject to the freedom of information act, 1976

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      PA 442, MCL 15.231 to 15.246.

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           (11) Members of the commission shall serve without

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      compensation.  However, members of the commission may be reim-

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      bursed for their actual and necessary expenses incurred in the

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      performance of their official duties as members of the

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      commission.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. ______ or House Bill No. 4941

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      (request no. 02873'01) of the 91st Legislature is enacted into

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      law.


































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