December 7, 2016, Introduced by Rep. Howrylak and referred to the Committee on Health Policy.
A bill to establish the commission on behavioral health for
deaf, deafblind, and hard of hearing within the department of
health and human services; to prescribe the powers and duties of
the commission, certain state departments, the division, and
certain state officers; and to provide for an appropriation.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"commission on behavioral health for deaf, deafblind, and hard of
hearing act".
Sec. 2. As used in this act:
(a) "Behavioral health", "deaf", "deafblind", "hard of
hearing", and "qualified sign language interpreter" mean those
terms as defined in section 2 of the division on behavioral health
for deaf, deafblind, and hard of hearing act.
(b) "Commission" means the commission on behavioral health for
deaf, deafblind, and hard of hearing established in section 5.
(c) "Department" means the department of health and human
services.
(d) "Division" means the division on behavioral health for
deaf, deafblind, and hard of hearing established in section 3 of
the division on behavioral health for deaf, deafblind, and hard of
hearing act.
Sec. 3. (1) The commission on behavioral health for deaf,
deafblind, and hard of hearing is established within the
department. The commission shall direct the division on matters
pertaining to behavioral health issues for deaf, deafblind, and
hard of hearing persons.
(2) The commission shall consist of 13 members appointed by
the governor. Members of the commission shall be knowledgeable of
behavior heath. The governor shall appoint members to the
commission as follows:
(a) The division director or his or her designee.
(b) Two deaf persons, appointed from a list of nominees
submitted by groups that advocate or provide services for deaf
persons.
(c) Two deafblind persons, appointed from a list of nominees
submitted by groups that advocate or provide services for deafblind
persons.
(d) Two hard of hearing persons, appointed from a list of
nominees submitted by groups that advocate or provide services for
hard of hearing persons.
(e) A parent of a deaf, deafblind, or hard or hearing child,
which child is under 21 years of age and has received behavioral
health services.
(f) Five members who are knowledgeable in fields relating to
deaf, deafblind, and hard of hearing behavioral health matters. Not
fewer than 3 of these 5 shall be fluent in American sign language.
(3) The commission shall elect 1 of its members as the chair
of the commission. The division director or his or her designee
shall serve as secretary to the commission.
(4) Except for the division director or his or her designee
and members first appointed, the term of office of each member
shall be 3 years. Of the members first appointed, 5 shall serve for
3 years, 4 shall serve for 2 years, and 4 shall serve for 1 year. A
vacancy on the commission shall be filled in the same manner as the
original appointment for the remainder of the unexpired term.
(5) Seven members of the commission constitute a quorum for
transacting business at a meeting of the commission. Except as
provided by rule, action by the commission shall be by vote of a
majority of the members present at a meeting. The commission shall
meet not less than twice a year at the call of the chairperson.
(6) 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.
(7) 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.
(8) 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. 4. (1) The business that the commission may perform shall
be conducted at a public meeting held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of
the time, date, and place of the meeting shall be given in the
manner required by 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 in the performance of an official
function shall be made available to the public in compliance with
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
Sec. 5. The department shall promulgate, as necessary, rules
to implement this act according to the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 6. The legislature annually shall appropriate a sum
sufficient to implement this act.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 6109 (request no. 04279'15 *)
of the 98th Legislature is enacted into law.