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Mackinac Center for Public Policy
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2011 House Bill 4116: Require review and posting of state agreements with feds
  1. Introduced by Rep. Paul Opsommer (R) on January 20, 2011, to require that any memorandum of understanding, agreement, compact, or similar binding agreement between this state and the federal government or another state must be reviewed by the Attorney General before it is executed by a department, agency or official. The Attorney General would have 90 days to declare that the agreement does not conform to state constitutional or statutory authority or limitation. The AG would have to maintain a website with information on each agreement, and list the ones it disapproved and the reasons.
    • Referred to the House Oversight, Reform, and Ethics Committee on January 20, 2011.
      • Reported in the House on November 8, 2011, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on January 25, 2012. The substitute failed by voice vote in the House on January 25, 2012.
    • Substitute offered by Rep. Paul Opsommer (R) on January 25, 2012, to replace the previous version of the bill with one that that does not require the Attorney General pre-approve each agreement. The substitute passed by voice vote in the House on January 25, 2012.
    • Amendment offered by Rep. Lisa Brown (D) on January 25, 2012, to also post each agreement on the relevent agency's own web site. The amendment failed by voice vote in the House on January 25, 2012.
  2. Passed 106 to 0 in the House on January 26, 2012, to require that before entering any memorandum of understanding, agreement, compact, or similar binding agreement between this state and the federal government or another state, a state agency must assert that the agreement does not violate the state constitution, and does not exceed the authority granted to the agency by the legislature. Information on each agreement would also be posted on a state web site.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on January 31, 2012.
    • Referred to the Senate Government Operations Committee on January 31, 2012.
      • Reported in the Senate on May 23, 2012, with the recommendation that the bill pass.
    • Substitute offered in the Senate on June 13, 2012. The substitute passed by voice vote in the Senate on June 13, 2012.
  4. Passed 38 to 0 in the Senate on June 14, 2012, to require that before entering any memorandum of understanding, agreement, compact, or similar binding agreement between this state and the federal government or another state, a state agency must assert that the agreement does not violate the state constitution, and does not exceed the authority granted to the agency by the legislature. Information on each agreement would also be posted on a state web site.
    Who Voted "Yes" and Who Voted "No"

  5. Received in the House on June 14, 2012.
  6. Passed 109 to 0 in the House on June 14, 2012, to concur with the Senate-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

  7. Vetoed by Gov. Rick Snyder on June 28, 2012.

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