HB-6741, As Passed House, December 3, 2008
November 19, 2008, Introduced by Rep. Hammel and referred to the Committee on Government Operations.
A bill to amend 1986 PA 268, entitled
"Legislative council act,"
by amending sections 782 and 783 (MCL 4.1782 and 4.1783), section
782 as added by 2007 PA 98 and section 783 as added by 2007 PA 99.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 782. (1) The legislative commission on statutory mandates
is created within the legislative council.
(2) The commission shall consist of the following 5 members:
(a) One member appointed by the speaker of the house of
representatives.
(b) One member appointed by the minority leader of the house
of representatives.
(c) One member appointed by the majority leader of the senate.
(d) One member appointed by the minority leader of the senate.
(e) One member of the public jointly selected by the speaker
of the house of representatives and the majority leader of the
senate, who is an attorney licensed to practice in this state.
(3) The members first appointed to the commission shall be
appointed
within 60 days after the effective date of the amendatory
act
that added this chapter October
1, 2007.
(4) Members of the commission shall serve for a term of 3
years. A member of the commission shall discharge the duties of his
or her position in a nonpartisan manner, with good faith, and with
that degree of diligence, care, and skill that an ordinarily
prudent person would exercise under similar circumstances in a like
position.
(5) Legislators and other state employees are not eligible to
be a member of the commission. Members of the commission shall be
individuals who have knowledge of, education in, or experience with
the best practices of 1 or more of the following fields:
(a) Organizational efficiency.
(b) Government operations.
(c) Public finance.
(d) Administrative law.
(6) If a vacancy occurs on the commission, the member shall be
replaced in the same manner as the original appointment.
(7) The first meeting of the commission shall be called by the
majority
leader of the senate not later than 60 days after the
effective
date of the amendatory act that added this chapter
October 1, 2007. The member appointed by the majority leader of the
senate and the member appointed by the speaker of the house of
representatives shall be co-chairpersons of the commission. The
chairperson position shall rotate each month between the co-
chairpersons. The member appointed by the majority leader of the
senate shall be the chairperson of the commission for the first
month. At the first meeting, the commission shall elect from among
its members other officers as it considers necessary or
appropriate. After the first meeting, the commission shall meet at
least monthly, or more frequently at the call of the chairperson
for that month or if requested by 3 or more members.
(8) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members are required for official
action of the commission.
(9) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the commission shall serve without
compensation. However, members of the commission may be reimbursed
for reasonable and necessary expenses incurred in the performance
of their official duties as members of the commission subject to
available appropriations.
(12)
Not later than December 31, 2008 June
30, 2009, the
commission
shall do compile all of the following in an interim
report to each house of the legislature and the governor:
(a)
Review and investigate all The
most significant funded and
unfunded mandates imposed on local units of government in state law
as identified by those local units of government.
(b)
Review and investigate all The
most significant reporting
requirements imposed on local units of government in state law as
identified by those local units of government.
(c)
Determine the complete The
range of cost to local units of
government of complying with each funded and unfunded mandate
imposed
on a local unit of government in state law identified in
subdivision (a).
(d)
Determine the complete The
range of cost to local units of
government
of complying with each
reporting requirement imposed on
a
local unit of government in state law identified in subdivision
(b).
(13)
Not later than October 1, 2009 December
31, 2009, the
commission shall make specific determinations of the items
described in subsection (12) and report those determinations to
each
house of the legislature and the governor. The commission
shall
also make an interim report to each house of the legislature
and
the governor on the status of its determinations of the items
described
in subsection (12) not later than June 1, 2009.
(14) The governor may direct that state agencies subject to
the supervision of the governor under section 8 of article V of the
state constitution of 1963 provide information to the commission to
assist the commission in fulfilling its duties under this section.
Upon request of the commission, the commission shall be given
access to all information, records, and documents in the possession
of a state agency that the commission considers necessary to
fulfill its duties under this section. The commission may hold
hearings and may request that any person appear before the
commission, or at a hearing, and give testimony or produce
documentary or other evidence that the commission considers
relevant to its duties under this section.
(15) In connection with its duties under this section, the
commission may request the legislative council to issue a subpoena
to compel the attendance and testimony of witnesses before the
commission or to compel the production of a book, account, paper,
document, or record related to the duties of the commission under
this section. The legislative council may issue the subpoena only
upon the concurrence of a majority of the house members and a
majority of the senate members of the legislative council. A person
who refuses to comply with a subpoena issued by the legislative
council under this subsection may be punished as for contempt of
the legislature.
(16) As used in this section, "local unit of government"
includes cities, townships, villages, counties, school districts,
intermediate school districts, community colleges, and county road
commissions.
Sec.
783. In addition to the report required under section
782,
not later than December 1, 2009, the commission shall report
to
each house of the legislature The
commission shall include in
the report required under section 782(13) recommendations on how to
consolidate, streamline, or eliminate funded and unfunded mandates
and reporting requirements imposed on local units of government in
state law.