HB-4026, As Passed House, April 10, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4026

A bill to amend 1846 RS 12, entitled

"Of certain state officers,"

(MCL 14.28 to 14.35) by adding section 32a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 32a. (1) Beginning September 1, 2014, within 10 days

after executing a cross boundary memorandum of agreement, a

governmental unit or officer of this state shall forward the

executed agreement to the office of the great seal with a copy to

the attorney general.

(2) By September 1, 2016, each state governmental unit shall

forward a copy of any cross boundary memorandum of agreement that

it entered into before September 1, 2014, and that is legally

binding and still in effect, to the office of the great seal.

(3) The office of the great seal shall establish and maintain

a publicly accessible central repository and shall accept and

officially file each cross boundary memorandum of agreement

forwarded to it under subsection (1) or (2) in the central

repository. The office of the great seal shall make the central

repository accessible via the internet by 1 year after the office

of the great seal or its assignees or successors make interlocal

agreements created under the urban cooperation act of 1967, 1967

(Ex Sess) PA 7, MCL 124.501 to 124.512, accessible to the public

via the internet.

(4) This section does not require the disclosure of a public

record that is otherwise prohibited by law from public disclosure,

is privileged, or is exempt from disclosure under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246. This section

does not and shall not be construed to prohibit or preempt from

public disclosure any cross boundary memorandum of agreement for

the sole reason that it was executed by the governor or the

lieutenant governor or an agent or employee of the governor or

lieutenant governor.

(5) As used in this act:

(a) "Cross boundary memorandum of agreement" means a

memorandum of agreement, memorandum of understanding, memorandum of

record, compact, or similar agreement that a governmental unit or

officer of this state enters into with the federal government or a

unit of government located outside of this state.

(b) "Governmental unit" means a state department, agency,

division, or any other entity or subunit derived from those public

bodies.