October 20, 2011, Introduced by Senators KAHN, ANDERSON, PAPPAGEORGE and BIEDA and referred to the Committee on Government Operations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5491 (MCL 333.5491), as added by 2007 PA 159,
and by adding section 5494.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5491. As used in this part:
(a) "Advisory council" means the children's safe products
advisory council created in section 5494.
(b)
(a) "Child care article" means a product
designed or
intended by the manufacturer to facilitate the sleep, relaxation,
or feeding of children or to help children with sucking or
teething.
(c) (b)
"Children" means
individuals who are 7 years old or
younger.
(d) (c)
"Consumer" means that
term as used in the consumer
product
safety act, 15 USC 2051 to 2085.2089.
(e) (d)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(f) (e)
"Toxic substance" means a
substance that contains
lead, or a coating on an item that contains lead, so that the lead
content is more than 0.06% of the total weight. Toxic substance
does not include glass or crystal decorative components.
(g) (f)
"Toy" means an article
designed and made for the
amusement of a minor or for the minor's use in play.
Sec. 5494. (1) The children's safe products advisory council
is created within the department to do both of the following:
(a) Promote manufacturing and business processes that
efficiently use chemicals, including the minimization or recycling
of those chemicals.
(b) Promote a standardized, national list of chemicals of
concern.
(2) The advisory council shall consist of the following
members:
(a) A representative from the department.
(b) A representative from the department of environmental
quality.
(c) Three members appointed by the senate majority leader from
the following:
(i) A representative from a statewide manufacturing
association.
(ii) A representative from a statewide chemical association.
(iii) A member of the general public.
(d) Three members appointed by the speaker of the house of
representatives, as follows:
(i) A representative from a statewide business organization.
(ii) A representative from a regional environmental
organization.
(iii) A member of the general public.
(e) Two members appointed by the governor, as follows:
(i) A representative from a statewide environmental
organization.
(ii) A representative from a national manufacturing
organization.
(3) The members first appointed to the advisory council shall
be appointed within 60 days after the effective date of this
section.
(4) If a vacancy occurs on the advisory council, an alternate
appointment shall be made for the unexpired term in the same manner
as the original appointment.
(5) A member of the advisory council may be removed for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(6) The first meeting of the advisory council shall be called
by a representative from the department. At the first meeting, the
advisory council shall elect from among its members a chairperson
and other officers as it considers necessary or appropriate. After
the first meeting, the advisory council shall meet at least
quarterly, or more frequently at the call of the chairperson or if
requested by a majority of the members.
(7) A majority of the members of the advisory council
constitute a quorum for the transaction of business at a meeting of
the advisory council. A majority of the members present and serving
are required for official action of the advisory council.
(8) The business that the advisory council may perform shall
be conducted at a public meeting of the advisory council held in
compliance with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(9) A writing prepared, owned, used, in the possession of, or
retained by the advisory council in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(10) Members of the advisory council shall serve without
compensation. However, members of the advisory council may be
reimbursed for their actual and necessary expenses incurred in the
performance of their official duties as members of the advisory
council.
(11) The advisory council shall do all of the following:
(a) Survey existing and planned innovative programs in this
state that help to reduce or make more efficient the use of
chemicals in the manufacturing process and provide information on
those programs to an interstate chemical clearinghouse regarding
chemicals in children's toys and products.
(b) Study and report to the legislature on existing or
proposed programs in other states that are similar to those
described in subdivision (a) and their potential for use in this
state.
(c) Develop proposed new categories of recognition under the
department of environmental quality's clean corporate citizen
program to recognize and incentivize efforts to reduce the use of
chemicals in manufacturing processes. The advisory council shall
also recommend new benefits to be given to those companies
receiving recognition under this program.
(12) The advisory council is dissolved effective December 31,
2013.