SB-0398, As Passed Senate, August 1, 2007

SUBSTITUTE FOR

SENATE BILL NO. 398

     A bill to amend 1986 PA 268, entitled

"Legislative council act,"

(MCL 4.1101 to 4.1901) by adding chapter 7B; and to repeal acts and

parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

                              CHAPTER 7B

     Sec. 781. As used in this chapter:

     (a) "Commission" means the commission on statutory mandates

established in this chapter.

     (b) "State agency" means a department, commission, authority,

or board in the executive branch.

Sec. 782. (1) The 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.

     (4) Members of the commission shall serve for a term of 3

years.

     (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.

     (6) If a vacancy occurs on the commission, the person who

appointed the member shall make an appointment for the unexpired

term 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. 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 speaker of

the house of representatives 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 present and serving 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.

     (12) Not later than October 1, 2008, the commission shall do

all of the following:

     (a) Review and investigate all funded and unfunded mandates

imposed on local units of government in state law.

     (b) Review and investigate all reporting requirements imposed

on local units of government in state law.

     (c) Determine the complete cost of each funded and unfunded

mandate imposed on a local unit of government in state law.

     (d) Determine the complete cost of each reporting requirement

imposed on a local unit of government in state law.

     (13) Not later than June 1, 2009, the commission shall make

specific determinations of the items described in subsection (12)

and report those determinations to each house of the legislature.

The commission shall also make interim reports to each house of the

legislature on the status of its determinations of the items

described in subsection (12) not later than December 31, 2008 and

March 31, 2009.

     (14) Upon request, the commission shall be given access to all

information, records, and documents in the possession of a state

agency which the commission considers necessary in its duties. 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 which 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 subpoenas,

direct the service of the subpoena by any police officer, compel

the attendance and testimony of witnesses, administer oaths and

examine any person as may be necessary, and compel the production

of books, accounts, papers, documents, and records. The orders and

subpoenas issued by the legislative council may be enforced upon

application to any circuit court as provided by law.

     Enacting section 1. Chapter 7B of the legislative council act,

1986 PA 268, MCL 4.1781 to 4.1783, is repealed effective September

30, 2010.