SB-0257, As Passed Senate, June 12, 2018

SUBSTITUTE FOR

SENATE BILL NO. 257

     A bill to create an athletes with intellectual and

developmental disabilities empowerment commission; and to prescribe

the powers and duties of certain state agencies and officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

"athletes with intellectual and developmental disabilities

empowerment commission act".

     Sec. 2. As used in this act:

     (a) "Commission" means the athletes with intellectual and

developmental disabilities empowerment commission created in

section 3.

     (b) "Department" means the department of health and human

services.

     (c) "Fund" means the athletes with intellectual and

developmental disabilities empowerment fund created in section 4.

     Sec. 3. (1) The athletes with intellectual and developmental

disabilities empowerment commission is created within the

department.

     (2) The commission consists of the following members:

     (a) The lieutenant governor as an ex officio, nonvoting

member.

     (b) Two athletes with an intellectual or developmental

disability appointed by the director of the department.

     (c) Two former athletes with an intellectual or developmental

disability who are serving as mentors to active athletes with an

intellectual or developmental disability, appointed by the director

of the department.

     (d) Two individuals appointed by the governor, 1 of whom is a

representative of Special Olympics Michigan.

     (e) An individual appointed by the senate majority leader.

     (f) An individual appointed by the senate minority leader.

     (g) An individual appointed by the speaker of the house.

     (h) An individual appointed by the house minority leader.

     (i) Two individuals from public universities in this state

appointed by the governor.

     (3) The members first appointed to the commission shall be

appointed within 60 days after the effective date of this act.

     (4) Members of the commission shall serve for terms of 4 years

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

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

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

     (5) A vacancy on the commission shall be filled for the

unexpired term in the same manner as the original appointment.

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

incompetence, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

     (7) The first meeting of the commission shall be called by the

lieutenant governor. At the first meeting, the commission shall

elect from among its members a chairperson and other officers as it

considers necessary or appropriate. After the first meeting, the

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

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

members.

     (8) A majority of the members of the commission constitute a

quorum for the transaction of business at a meeting of the

commission. A majority of the members present and serving are

required for official action of the commission.

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

conducted at a public meeting of the commission held in compliance

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

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

retained by the commission in the performance of an official

function is subject to the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

     (11) Members of the commission shall serve without

compensation. However, members of the commission may be reimbursed

for their actual and necessary expenses incurred in the performance

of their official duties as members of the commission.

     (12) The commission shall do all of the following:

     (a) Promote and raise awareness of recreational opportunities

and athletic competitions for athletes with an intellectual or

developmental disability.

     (b) Educate the general public on the benefits of athletics

for people with intellectual or developmental disabilities.

     (c) Provide funding to identify and develop training programs

for athletes with an intellectual or developmental disability.

     (d) Take measures to increase the participation of athletes

with an intellectual or developmental disability in medical and

sports programs at public universities in this state.

     (e) Investigate opportunities to attract events and

championships for athletes with an intellectual or developmental

disability to this state.

     Sec. 4. (1) The athletes with intellectual and developmental

disabilities empowerment fund is created within the state treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

     (3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

     (4) The department shall be the administrator of the fund for

auditing purposes.

     (5) The department shall expend money from the fund, upon

appropriation, only for 1 or more of the following purposes:

     (a) To provide funding for training of athletes with an

intellectual or developmental disability.

     (b) To promote and identify opportunities for athletes with an

intellectual or developmental disability to participate in athletic

events and competitions.

     (c) To provide educational materials on the benefits of

participation in athletic events and competitions for athletes with

an intellectual or developmental disability.

     (d) To provide funding to evaluate individuals for placement

on the intellectual or developmental disability spectrum.