HB-6172, As Passed Senate, December 19, 2008

HOUSE BILL No. 6172

May 22, 2008, Introduced by Reps. Hopgood, Alma Smith, Kathleen Law, Byrnes, Huizenga, Meisner, LaJoy, Vagnozzi, Condino, Bieda, Donigan, Tobocman, Dean and Meadows and referred to the Committee on New Economy and Quality of Life.

     A bill to create an Asian Pacific American affairs commission,

an office of Asian Pacific American affairs, and an interagency

council on Asian Pacific American affairs; to prescribe their

powers and duties; and to prescribe the powers and duties of

certain agencies, departments, and officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the "Asian

Pacific American affairs commission act".

     Sec. 3. As used in this act:

     (a) "Asian Pacific American" means a person who has origins in

any of the original peoples of the far east, southeast Asia, the

Indian subcontinent, or the Pacific islands; is identified by an

employer in an EEO-1 report as Asian or Pacific islander; or is

House Bill No. 6172 as amended December 19, 2008

regarded in the community as having origins in any of the original

peoples of the far east, southeast Asia, the Indian subcontinent,

or the Pacific islands.

     (b) "Commission" means the Asian Pacific American affairs

commission created in section 5.

     (c) "Department" means the department of <<civil rights energy,

labor, and economic growth>>.

     (d) "Director" means the director of the office of Asian

Pacific American affairs.

     (e) "Office" means the office of Asian Pacific American

affairs created in section 13.

     Sec. 5. (1) The Asian Pacific American affairs commission is

created within the department of <<civil rights energy, labor, and

economic growth>>. The commission shall

exercise its powers and duties independently of the department

except for budget, procurement, and housekeeping functions. The

commission shall consist of 15 members to be appointed by the

governor with the advice and consent of the senate. The commission

shall elect a chairperson and vice-chairperson annually and shall

elect other officers from its members as the commission considers

appropriate.

     (2) Members of the commission shall be individuals who have a

particular interest or expertise in Asian or Pacific American

concerns.

     (3) Members of the commission shall serve for a term of 3

years or until a successor is appointed, whichever is later, except

that of the members first appointed, 5 shall serve for 3 years, 5

shall serve for 2 years, and 5 shall serve for 1 year.

     (4) If a vacancy occurs on the commission, the governor shall

make an appointment for the balance of the unexpired term in the

same manner as the original appointment.

     (5) The governor shall appoint the commission within 90 days

after the effective date of this act.

     Sec. 7. (1) Within 90 days after appointment and confirmation

of all members, the commission shall adopt bylaws for the operation

of the commission. The bylaws shall include, at a minimum, voting

procedures and minimum requirements for attendance at meetings.

     (2) The commission shall hold regular quarterly meetings at

places and on dates as determined by the commission. Special

meetings may be called by the chairperson or by not fewer than 8

commission members on 3 business days' actual notice.

     (3) A majority of the commission members appointed and serving

constitute a quorum for the transaction of business at a meeting of

the commission. Official action by the commission shall be only by

affirmative vote of a majority of the commission members appointed

and serving. A commission member shall not vote by proxy.

     (4) The legislature annually shall fix the per diem

compensation of members of the commission. Expenses of members

incurred in the performance of official duties shall be reimbursed

as provided by law for state employees.

     (5) The department shall furnish administrative services to

the commission and shall provide secretarial and other staff

necessary to allow the proper exercise of the powers and duties of

the commission. The department shall provide adequate office space

to the commission. The department shall make available the times

and places of commission meetings and keep minutes of the meetings

and a record of the actions of the commission.

     (6) The department shall assign professional employees to

staff the commission to assist the commission in the performance of

its substantive responsibilities under this act.

     Sec. 9. (1) A meeting of the commission shall be held pursuant

to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

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

retained by the commission or office in the performance of an

official function shall be made available to the public pursuant to

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

     Sec. 11. The commission shall do all of the following:

     (a) Stimulate and encourage the study and review of the status

of Asian Pacific Americans in this state.

     (b) Develop a unified policy and plan of action to serve the

needs of Asian Pacific Americans in this state.

     (c) Advise the governor, the legislature, and the office

concerning the coordination and administration of state programs

serving Asian Pacific Americans.

     (d) Make recommendations to the governor and legislature

regarding changes in state programs, statutes, and policies.

     (e) Advise the governor and legislature of the nature,

magnitude, and priorities of the problems of Asian Pacific

Americans in this state.

     (f) Review and advise the governor and the legislature on this

state's policies concerning Asian Pacific American affairs.

     (g) Secure appropriate recognition of Asian Pacific American

accomplishments and contributions to this state.

House Bill No. 6172 as amended December 18 and 19, 2008

     (h) Review and approve the annual report by the office of

Asian Pacific American affairs as described in section 15(j).

     (i) Make recommendations to the governor and legislature

regarding methods of overcoming discrimination against Asian

Pacific Americans in public and private employment and civil and

political rights.

     (j) Work to ensure equal access to all levels of education for

Asian Pacific Americans.

     (k) Promote methods to ensure equal access to state services

for Asian Pacific Americans.

     (l) Cooperate with and coordinate activities with the

commission on Spanish-speaking affairs, the Michigan women's

commission, and any other commission that deals with minority or

ethnic affairs.

     (m) Monitor, evaluate, investigate, advocate, and initiate

programs for the betterment of Asian Pacific Americans in this

state.

     (n) Serve as a reporting agency for incidents of anti-Asian

and anti-Pacific islander American harassment in this state.

     (o) Promote public awareness of Asian and Pacific islander

cultures.

     Sec. 13. (1) <<The Subject to subsection (5), the>> office of Asian

Pacific American affairs is

created in the department of <<civil rights energy, labor, and

economic growth>>.

     (2) The commission shall select the director of the office

with the concurrence of the director of <<the department of civil

rights energy, labor, and economic growth>> in accordance with state

civil service procedures.

     (3) The department shall furnish administrative services to

House Bill No. 6172 as amended December 18, 2008

the office and shall provide secretarial and other staff necessary

to allow the proper exercise of the powers and duties of the

office. The department shall provide adequate office space to the

office.

     (4) The department shall assign professional employees to

staff the office necessary to assist the office in the performance

of its substantive responsibilities under this act.

<<(5) Creation of the office of Asian Pacific American affairs is contingent on an appropriation being made for that purpose.>>

     Sec. 15. The office shall do all of the following:

     (a) Provide the commission with information concerning the

problems of Asian Pacific Americans and implement commission

policy.

     (b) Conduct studies and recommend solutions to the problems of

Asian Pacific Americans in the areas of education, employment,

civil rights, health, housing, senior citizens, mental health,

social service, commerce, and other related areas.

     (c) Recommend to federal, state, and local governmental

departments and agencies the creation of services and facilities as

the commission considers appropriate.

     (d) Serve as a reporting agency for the collection and

distribution of information on Asian Pacific American affairs.

     (e) Apply for and accept grants and gifts from governmental

and private sources.

     (f) Request the services of all state and local governmental

departments and agencies to assure that Asian Pacific Americans

have access to decision-making bodies, the policies of which affect

Asian Pacific Americans in this state.

     (g) Cooperate with departments and agencies to aid in

effectuating the purposes of this act.

     (h) Review the performance of state departments and agencies

regarding the hiring and promotion of Asian Pacific Americans by

state departments and agencies and the provision of services to

Asian Pacific Americans by state departments and agencies.

     (i) Review the curriculum, programs, and policies of

elementary, secondary, and postsecondary educational institutions

of this state regarding Asian Pacific Americans and the admissions

programs and policies of postsecondary educational institutions of

this state regarding Asian Pacific Americans.

     (j) Submit a full written report of its activities and

recommendations each year to the governor, legislature, and various

Asian Pacific American communities throughout this state.

     Sec. 17. (1) A state interagency council on Asian Pacific

American affairs is created within the office.

     (2) The council shall consist of:

     (a) The director of the department of community health or his

or her authorized representative.

     (b) The director of the department of human services or his or

her authorized representative.

     (c) The director of the department of natural resources or his

or her authorized representative.

     (d) The superintendent of public instruction or his or her

authorized representative.

     (e) The state treasurer or his or her authorized

representative.

     (f) The director of the department of agriculture or his or

House Bill No. 6172 as amended December 19, 2008

her authorized representative.

     (g) The state personnel director or his or her authorized

representative.

     (h) The executive director of the department of civil rights

or his or her authorized representative.

     (i) The attorney general or his or her authorized

representative.

     (j) The secretary of state or his or her authorized

representative.

     (k) The director of the department of corrections or his or

her authorized representative.

     (l) The executive director of the women's commission or his or

her authorized representative.

     (m) The director of management and budget or his or her

authorized representative.

     (n) The director of the department of <<labor energy, labor,>> and

economic

growth or his or her authorized representative.

     (o) The chair of the state housing development authority or

his or her authorized representative.

     (3) The purpose of the interagency council is to coordinate

and provide for the exchange of information on all programs

relating to services for Asian Pacific American people. The

interagency council shall also assist the office and commission in

the development of an annual report which is to be submitted to the

governor, the legislature, and Asian Pacific American communities

throughout the state.