Current law as established in Act 369 also provides that the legislature must
be served with a copy of the proceedings in all such actions, regardless of whether the
legislature intervenes in the action.
The bill repeals all of those provisions.
Retention of legal counsel by the legislature
Current law allows representatives to the assembly and senators, as well as
legislative employees, to receive legal representation from DOJ in most legal
proceedings. However, current law also provides all of the following:
1. With respect to the assembly, that the speaker of the assembly may authorize
a representative to the assembly or assembly employee who requires legal
representation to obtain outside legal counsel if the acts or allegations underlying
the action are arguably within the scope of the representative's or employee's
legislative duties; and that the speaker may obtain outside legal counsel in any
action in which the assembly is a party or in which the interests of the assembly are
affected, as determined by the speaker.
2. With respect to the senate, that the senate majority leader may authorize
a senator or senate employee who requires legal representation to obtain outside
legal counsel if the acts or allegations underlying the action are arguably within the
scope of the senator's or employee's legislative duties; and that the majority leader
may obtain outside legal counsel in any action in which the senate is a party or in
which the interests of the senate are affected, as determined by the majority leader.
3. That the cochairpersons of JCLO may authorize a legislative service agency
employee who requires legal representation to obtain outside legal counsel if the acts
or allegations underlying the action are arguably within the scope of the employee's
legislative duties; and that the cochairpersons may obtain outside legal counsel in
any action in which the legislature is a party or in which the interests of the
legislature are affected, as determined by the cochairpersons.
The bill eliminates these provisions. Under the bill, representatives to the
assembly and senators, as well as legislative employees, may continue to receive
legal representation from DOJ in most legal proceedings.
Advice and consent of the senate
Under current law, any individual nominated by the governor or another state
officer or agency subject to the advice and consent of the senate, whose confirmation
for the office or position is rejected by the senate, may not do any of the following
during the legislative session biennium in which his or her nomination is rejected:
1. Hold the office or position for which he or she was rejected.
2. Be nominated again for that office or position.
3. Perform any duties of that office or position.
The bill eliminates those restrictions.
Capitol security
Under current law, DOA is required to submit any proposed changes to security
at the capitol, including the posting of a firearm restriction, to JCLO for approval
under passive review. The bill eliminates that requirement.
State finance
Refunding certain general obligation debt
The bill increases from $7,510,000,000 to $9,510,000,000 the amount of state
public debt that may generally be contracted to refund any unpaid indebtedness used
to finance tax-supported or self-amortizing facilities.
Use of bond premium proceeds for costs incurred in contracting and
administering public debt
The bill authorizes the state to use premium proceeds from the sale of bonds for
costs incurred in contracting and administering public debt. Premium proceeds are
proceeds received at the time of the bond sale that are in excess of the actual amount
of principal borrowed.
General state government
Office of Sustainability and Clean Energy
The bill creates the Office of Sustainability and Clean Energy in DOA to
administer certain energy programs. The bill requires the Office of Sustainability
and Clean Energy to work on initiatives with specified goals regarding clean and
renewable energy, innovative sustainability, and diversification of energy resources
and imposes duties on the office for advising, supporting, reporting, and assisting
state agencies, local governments, and private entities on clean and renewable
energy. The bill allows the Office of Sustainability and Clean Energy to provide
technical assistance to governmental units and private entities. In addition, the bill
requires the Office of Sustainability and Clean Energy to establish a program for
making grants from the environmental fund for clean energy production research.
Creating the Office of Environmental Justice
The bill creates the Office of Environmental Justice within DOA. The office is
led by a director outside the classified service who is appointed by the secretary of
administration.
The duties of the office include all of the following: 1) developing a statewide
climate risk assessment and resiliency plan; 2) assisting state agencies, local
governments, and tribal governments with the development of climate risk
assessment and resiliency plans; 3) administering a climate risk assessment and
resiliency plan technical assistance grant program; 4) collaborating with state
agencies and entities that serve vulnerable communities to address the impact of
climate change on vulnerable communities; 5) providing guidance to state entities
on issues regarding environmental justice and related community issues to address
environmental issues and concerns that affect primarily low income and minority
communities; and 6) creating an annual report on issues, concerns, and problems
related to environmental justice. The bill also creates the unclassified positions of
chief resiliency officer and director of the Office of Environmental Justice. Under the
bill, the chief resiliency officer and the director of the Office of Environmental Justice
are assigned to executive salary group 3.
The bill makes an appropriation for the administration of the Office of
Environmental Justice, development of state agency climate risk assessments and
resiliency plans, and the chief resiliency officer. Also under the bill, DOA is required
to charge state agencies a fee for the development of state agency climate risk
assessments and resiliency plans.
The bill also makes an appropriation for the administration of the climate risk
assessment and resiliency plan technical assistance grant program.