September 8, 2010, Introduced by Rep. Opsommer and referred to the Committee on Judiciary.
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 understanding, memorandum of agreement, 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
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 determines 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
informed the department, agency, or officer that submitted the
agreement for review that 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 maintain a website that is
available to the public with information relating to each
memorandum of understanding, memorandum of agreement, 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. 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.