September 19, 2012, Introduced by Rep. Opsommer 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) Before a governmental unit or officer of this
state enters into a cross boundary memorandum of agreement, it
shall do both of the following:
(a) Forward a copy of the cross boundary memorandum of
agreement to the attorney general.
(b) Conduct a preliminary internal review of the cross
boundary memorandum of agreement to determine if it is a legally
binding or enforceable agreement. The review shall be carried out
on a time schedule at the discretion of the governmental unit. If
the cross boundary memorandum of agreement is a legally binding or
enforceable agreement, the governmental unit shall conduct a full
review and may request consultation with the attorney general. A
full review shall include all 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 such authority,
if any, granted to the department, agency, division, subunit, or
officer that would execute the cross boundary memorandum of
agreement.
(2) An unexecuted cross boundary memorandum of agreement that
is forwarded to the department of attorney general or any internal
review done in consultation with the department of attorney general
under subsection (1) is subject to the same attorney-client
privilege that ordinarily exists between the executive branch and
the department of attorney general.
(3) Within 10 days after executing a cross boundary memorandum
of agreement, the governmental unit shall forward it to the
attorney general. The attorney general shall forward the executed
cross boundary memorandum of agreement to the office of the great
seal within 10 days after receipt and shall retain a copy of the
signed cross boundary memorandum of agreement.
(4) The office of the great seal shall accept and officially
file a cross boundary memorandum of agreement. By June 30, 2014,
each state governmental unit shall forward a copy of any cross
boundary memorandum of agreement that it entered into before June
30, 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 (5).
(5) By June 30, 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 (3) or (4). 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.
(6) 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.
(7) 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.
(8) 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 beyond the requirements in this
section.
Enacting section 1. This amendatory act takes effect June 30,
2012.