January 20, 2011, Introduced by Reps. Opsommer, Knollenberg, Rendon, Genetski, Rogers, Agema, Damrow, Johnson and Daley and referred to the Committee on Oversight, Reform, and Ethics.
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) The attorney general shall review each
memorandum of agreement, memorandum of understanding, memorandum of
record, compact, or similar binding agreement between this state
and the federal government or another unit of government located
outside of this state before this state or a department, agency, or
officer of this state executes the agreement. The proposed
agreement shall be forwarded to the attorney general for review to
determine whether the agreement is in conformity with state and
federal constitutional requirements and limitations and whether the
agreement is authorized by law and does not exceed the statutory
authority granted to the department, agency, or officer that
executes the agreement. The attorney general shall send a notice
that includes the reasons for each determination that a proposed
agreement does not meet the requirements in this subsection to the
department, agency, or officer that submits the agreement and to
the secretary of the senate and the clerk of the house of
representatives.
(2) An agreement required to be reviewed under this section
shall not be entered into or take effect until either the attorney
general issues a written opinion to the referring department,
agency, or officer that the agreement meets the requirements in
subsection (1) or 90 days have passed after the attorney general
receives the agreement for review and the attorney general has not
provided the department, agency, or officer that submitted the
agreement for review with a written opinion that the agreement is
not in conformity with constitutional requirements or limitations,
is not authorized by law, or exceeds the statutory authority
granted to that department, agency, or officer.
(3) A department, agency, or officer may revise and resubmit
an agreement after notification from the attorney general that it
does not meet the requirements in subsection (1). The requirements
of subsections (1) and (2) apply to the revised proposed agreement
in the same manner as to the original submission.
(4) The attorney general shall establish and update a website
available to the public that includes each memorandum of agreement,
memorandum of understanding, memorandum of record, compact, and
similar binding agreement between this state and the federal
government or other units of government located outside of this
state and associated information that is forwarded for review. The
website shall also list each determination that a proposed
agreement does not meet the requirements in subsection (1) and the
reasons for the determination.