HOUSE BILL No. 5000

 

September 21, 2011, Introduced by Reps. Genetski, Haveman, Lyons, Gilbert, Glardon, Price, Callton, Tyler, Yonker, Rogers, Pettalia, Franz, Heise, Shirkey, Somerville, Pscholka, MacGregor and Kurtz and referred to the Committee on Government Operations.

 

     A bill to establish a state university system restructuring

 

commission; to prescribe the powers and duties of the commission;

 

and to prescribe the powers and duties of certain state

 

governmental officers and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

university system restructuring commission act".

 

     Sec. 2. As used in this act:

 

     (a) "Commission" means the state university system

 

restructuring commission established in section 3.

 

     (b) "Department" means the department of technology,

 

management, and budget.

 

     (c) "State university" means a university described in section

 

4, 5, or 6 of article VIII of the state constitution of 1963.

 


     Sec. 3. (1) The state university system restructuring

 

commission is established in the department. The commission shall

 

consist of 13 members, as follows:

 

     (a) Eleven voting members, as follows:

 

     (i) Four residents of this state, appointed by the governor

 

with the advice and consent of the senate, who are interested in

 

higher education but are not officially associated with a state

 

university.

 

     (ii) Three members appointed by the senate majority leader.

 

     (iii) Three members appointed by the speaker of the house of

 

representatives.

 

     (iv) The lieutenant governor.

 

     (b) The superintendent of public instruction and the director

 

of the department of technology, management, and budget are ex

 

officio and nonvoting members of the commission.

 

     (2) The term of office of the appointed members is 2 years and

 

until a successor is appointed and qualified. A member may be

 

removed in the manner provided for by law for removal of public

 

officers. A vacancy shall be filled for the unexpired term in the

 

same manner and for the same class as the original appointment. The

 

governor shall designate 1 of the appointed members as chairperson

 

of the commission.

 

     (3) The commission shall conduct its activities in compliance

 

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

 

commission shall give public notice of the time, date, and place of

 

meetings of the commission in the manner required by the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 


     (4) The commission shall make any writing prepared, owned,

 

used, in the possession of, or retained by the commission in the

 

performance of an official function available to the public in

 

compliance with the freedom of information act, 1976 PA 442, MCL

 

15.231 to 15.246.

 

     Sec. 4. (1) The commission shall analyze the operation and

 

governance structure of the state universities; analyze the

 

advantages and disadvantages of the constitutional requirement for

 

separate governing boards for each state university; review the

 

higher education governance structures utilized by other states;

 

and make any recommendations to the governor and the legislature it

 

considers appropriate concerning the restructuring of the manner in

 

which the state universities are governed in this state.

 

     (2) The commission shall annually report to the governor and

 

to the legislature concerning its recommendations and other actions

 

under subsection (1).