HB-4116, As Passed House, June 14, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4116

     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) Before a governmental unit or officer of this

state enters into a cross boundary memorandum of agreement, the

governmental unit or state officer shall forward all of the

following to the attorney general:

     (a) A copy of the cross boundary memorandum of agreement.

     (b) A written preliminary review of the cross boundary

memorandum of agreement that addresses whether it is a legally

binding or enforceable agreement.

     (c) For a cross boundary memorandum of agreement that appears

to be a legally binding or enforceable agreement, a written full

review that includes both of the following considerations:

     (i) State and federal constitutional requirements and

limitations.

     (ii) The existence of statutory authority for the cross

boundary memorandum of agreement and the extent of the authority,

if any, granted to the department, agency, division, subunit, or

officer that would execute the cross boundary memorandum of

agreement.

     (2) Within 10 days after executing a cross boundary memorandum

of agreement, the governmental unit or officer shall forward the

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

the attorney general.

     (3) The office of the great seal shall accept and officially

file a cross boundary memorandum of agreement. By September 1,

2014, each state governmental unit shall forward a copy of any

cross boundary memorandum of agreement that it entered into before

September 1, 2012, and that is legally binding and still in effect,

to the office of the great seal for inclusion in the central

repository created in subsection (4).

     (4) By September 1, 2012, the office of the great seal shall

establish and maintain a publicly accessible central repository

that includes each cross boundary memorandum of agreement forwarded

to it under subsection (2) or (3). The office of the great seal

shall make the 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.

     (5) 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.

     (6) 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 of

this state proposes to enter into or 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.

     (7) This section does not limit, and shall not be construed to

limit, the ability of any governmental unit to conduct an internal

review or to seek legal advice from the attorney general.

     Enacting section 1. This amendatory act takes effect September

1, 2012.