Michigan Laws 4.1851 – Opioid advisory commission; creation; membership; appointment; terms; removal; meetings; compensation; duties
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 4.1851
- Commission: means the Michigan law revision commission. See Michigan Laws 4.1102
- Council: means the legislative council. See Michigan Laws 4.1102
- Council administrator: means the chief executive officer of all legislative council agencies. See Michigan Laws 4.1102
- Ex officio: Literally, by virtue of one's office.
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Majority leader: see Floor Leaders
- Michigan opioid healing and recovery fund: means the Michigan opioid healing and recovery fund created in section 3 of the Michigan trust fund act, 2000 PA 489, MCL 12. See Michigan Laws 4.1850
- Minority leader: See Floor Leaders
- Opioid advisory commission: means the opioid advisory commission created in section 851. See Michigan Laws 4.1850
- Quorum: The number of legislators that must be present to do business.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The opioid advisory commission is created in the council.
(2) The opioid advisory commission must consist of the following members:
(a) Twelve voting members that have experience in substance abuse prevention, health care, mental health, law enforcement, local government, first responder work, or similar fields appointed as follows:
(i) Four members appointed by the senate majority leader.
(ii) Four members appointed by the speaker of the house of representatives.
(iii) One member appointed by the senate minority leader.
(iv) One member appointed by the minority leader of the house of representatives.
(v) One member appointed by the senate majority leader and the speaker of the house of representatives and selected from a list of 3 individuals provided by the governor.
(vi) One member appointed by the senate majority leader and the speaker of the house of representatives and selected from a list of 3 individuals provided by the attorney general.
(b) The director of the department of health and human services, or his or her designee, who shall serve as an ex officio member without vote.
(c) The council administrator, or his or her designee, who shall serve as an ex officio member without vote.
(3) In appointing members or providing a list from which members will be selected under subsection (2)(a), the governor, the senate majority leader, the speaker of the house of representatives, the senate minority leader, the minority leader of the house of representatives, and the attorney general shall ensure that the members of the opioid advisory commission, to the extent possible, reflect the geographic diversity of this state.
(4) All initial opioid advisory commission members must be appointed within 60 days after the effective date of the amendatory act that added this section.
(5) Of the first voting members appointed, 4 shall be appointed to 1-year terms, 4 shall be appointed to 2-year terms, and 4 shall be appointed to 3-year terms, as determined by the senate majority leader and the speaker of the house of representatives. After the first appointments, the term of a voting member of the opioid advisory commission is 3 years or until a successor is appointed under subsection (2), whichever is later.
(6) If a vacancy occurs on the opioid advisory commission, an individual must be appointed in the same manner as the original appointment to fill the vacancy for the balance of the term.
(7) The senate majority leader and the speaker of the house of representatives may concur to remove a member of the opioid advisory commission for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(8) The council administrator, or his or her designee, shall call the first meeting of the opioid advisory commission. At the first meeting, the opioid advisory commission shall elect a member as a chairperson and, except as otherwise provided in this subsection, may elect other officers that it considers necessary or appropriate. The council administrator, or his or her designee, shall serve as secretary. The opioid advisory commission shall meet at least quarterly. The opioid advisory commission may meet more frequently at the call of the chairperson or at the request of at least 7 members.
(9) Seven voting members of the opioid advisory commission constitute a quorum for transacting business. A majority vote of the voting members appointed and serving is required for any action of the opioid advisory commission.
(10) The opioid advisory commission shall conduct its business in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(11) A writing that is prepared, owned, used, possessed, or retained by the opioid advisory commission in performing an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(12) A member of the opioid advisory commission is not entitled to compensation for service on the opioid advisory commission, but the opioid advisory commission may reimburse a member for actual and necessary expenses incurred in serving.
(13) The opioid advisory commission shall do all of the following:
(a) Adopt policies and procedures for the administration of the opioid advisory commission as allowed by law.
(b) Review local, state, and federal initiatives and activities related to education, prevention, treatment, and services for individuals and families affected by substance use disorders and co-occurring mental health conditions, and establish priorities to address substance use disorders and co-occurring mental health conditions, for the purpose of recommending funding initiatives to the legislature.
(c) By March 30 of each year, provide a written report to the governor, the attorney general, the senate majority leader, the speaker of the house of representatives, and the chairs of the senate and house of representatives appropriations committees that includes all of the following:
(i) A statewide evidence-based needs assessment that includes at least all of the following:
(A) A summary of current local, state, and federal funding used to address substance use disorders and co-occurring mental health conditions.
(B) A discussion about how to prevent overdoses, address disparities in access to health care, and prevent youth substance use.
(C) An analysis, based on quantitative and qualitative data, of the effects on this state of substance use disorders and co-occurring mental health conditions.
(D) A description of the most common risk factors associated with substance use disorders and co-occurring mental health conditions.
(ii) Goals and recommendations, including the rationale behind the goals and recommendations, sustainability plans, and performance indicators relating to all of the following:
(A) Substance use disorder and co-occurring mental health conditions prevention, treatment, recovery, and harm reduction efforts.
(B) Reducing disparities in access to prevention, treatment, recovery, and harm reduction programs, services, supports, and resources.
(iii) An evidence-based assessment of the prior use of money appropriated from the Michigan opioid healing and recovery fund, including the extent to which such expenditures abated the opioid crisis in this state.
(iv) Recommended funding for tasks, activities, projects, and initiatives that would support the objectives of the commission.
(v) If applicable, recommended additional legislation needed to accomplish the objectives of the commission.