HB-6016, As Passed House, April 21, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 6016

A bill to amend 1986 PA 268, entitled

"Legislative council act,"

by amending the title and sections 204c, 204d, 501, and 601 (MCL

4.1204c, 4.1204d, 4.1501, and 4.1601), the title as amended by 1988

PA 100, section 204c as added by 1998 PA 414, section 204d as added

by 1998 PA 413, and section 601 as amended by 1999 PA 95, and by

adding section 502; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to create the legislative council; to prescribe its

membership, powers, and duties; to create a legislative service

bureau to provide staff services to the legislature and the

council; to provide for operation of legislative parking

facilities; to create funds; to provide for the expenditure of

appropriated funds by legislative council agencies; to authorize

the sale of access to certain computerized data bases; to establish

fees; to create the Michigan commission on uniform state laws; to

create a law revision commission; to create ~~a senate fiscal agency~~

~~and a house fiscal agency~~ certain agencies, boards, and councils;

to create a Michigan capitol committee; ~~to create a commission on~~

~~intergovernmental relations;~~ to prescribe the powers and duties of

certain state agencies and departments; and to repeal ~~certain~~ acts

and parts of acts. ~~; and to repeal certain parts of this act on~~

~~specific dates.~~

Sec. 204c. (1) Notwithstanding section 204, ~~beginning July 1,~~

~~1999,~~ the council shall make each bill analysis prepared by the

~~house legislative analysis section or the senate~~ legislative fiscal

agency during the current legislative session available to the

public on the Internet.

(2) The information described in subsection (1) that is

maintained by the council shall be made available in the shortest

feasible time after the information is available. The information

described in subsection (1) that is not maintained by the council

shall be made available in the shortest feasible time after it is

made available to the council.

(3) This section does not alter or relinquish any copyright or

other proprietary interest or entitlement of this state relating to

any of the information made available under this section.

(4) The council shall not charge a fee for the information

provided in this section.

Sec. 204d. (1) Notwithstanding section 204, ~~beginning July 1,~~

~~1999,~~ the council shall make each fiscal bill analysis prepared by

the ~~house fiscal agency or senate~~ legislative fiscal agency for the

current legislative session available to the public on the

Internet.

(2) The information described in subsection (1) that is

maintained by the council shall be made available in the shortest

feasible time after the information is available. The information

described in subsection (1) that is not maintained by the council

shall be made available in the shortest feasible time after it is

made available to the council.

(3) This section does not alter or relinquish any copyright or

other proprietary interest or entitlement of this state relating to

any of the information made available under this section.

(4) The council shall not charge a fee for the information

provided in this section.

Sec. 501. (1) ~~There~~ Until 60 days after the effective date of

the amendatory act that added section 502, there is ~~created~~ a

nonpartisan agency to be known as the senate fiscal agency to be of

service to the appropriations committee of the senate and other

members of the senate. The senate fiscal agency shall be governed

by a board of 5 members, including the majority and minority

leaders of the senate, the chairperson of the appropriations

committee of the senate and 2 other members of the appropriations

committee of the senate to be appointed by the chairperson of the

appropriations committee with the concurrence of the majority

leader of the senate, 1 from the minority party.

(2) Except as otherwise provided by subsection (3), a writing

prepared, owned, used, in the possession of, or retained by the

senate fiscal agency in the performance of an official function

shall be made available to the public in compliance with the

freedom of information act, ~~Act No. 442 of the Public Acts of 1976,~~

~~being sections 15.231 to 15.246 of the Michigan Compiled Laws~~ 1976

PA 442, MCL 15.231 to 15.246.

(3) An employee of the agency shall not reveal to any person

who is not an employee of the senate fiscal agency the contents or

nature of any bill, substitute, amendment, resolution, special

report, or proposal not yet published unless the employee has the

consent of the member who is sponsoring or requesting the bill,

substitute, amendment, resolution, special report, or proposal. A

bill shall not be considered published until it is introduced. A

substitute, an amendment, or a conference report shall be

considered published when received by the secretary of the senate,

clerk of the house of representatives, or both, as is appropriate.

As used in this subsection:

(a) "Special report" means a report that is requested by a

member of the senate to be prepared by the senate fiscal agency. A

special report shall not be considered published until it is

authorized for release by the member of the senate requesting the

report.

(b) "Proposal" means a plan or an activity ~~which~~ that is under

consideration by a member of the senate. A proposal shall not be

considered published until it is authorized for release by the

member of the senate requesting the preparation of the proposal.

(4) Persons employed by the senate fiscal agency shall be

nontenured, at-will employees. The governing board of the senate

fiscal agency may discipline, transfer, demote, suspend, or

summarily discharge an employee.

Sec. 502. (1) On the effective date of the amendatory act that

added this section, the legislative fiscal agency is created as a

nonpartisan agency to be of service to the appropriations

committees of the legislature and all members of the legislature.

(2) Not later than 60 days after the effective date of the

amendatory act that added this section, the director of the house

business office, the director of the house fiscal agency, and the

director of the senate fiscal agency shall create, develop, and

implement a business plan to consolidate and reorganize the house

and senate fiscal agencies into the legislative fiscal agency not

later than January 1, 2011. The business plan shall outline and

describe the duties, responsibilities, authority, powers,

functions, personnel, equipment, and budgetary resources involved

as they are consolidated and reorganized into the legislative

fiscal agency and specifically describe how redundancies shall be

eliminated and how efficiencies shall be increased. The business

plan shall also include a timetable for the consolidation and

reorganization. Upon completion of the consolidation and

reorganization, the powers, duties, and functions of the house

legislative analysis section, the former senate fiscal agency, and

the former house fiscal agency are transferred to the legislative

fiscal agency. All records, personnel, property, and unexpended

balances of appropriations, allocations, and other funds used,

held, employed, or available or to be made available to the house

legislative analysis section, the former senate fiscal agency, or

the former house fiscal agency are transferred to the legislative

fiscal agency.

(3) The legislative fiscal agency shall be governed by a

governing committee of 8 members of the legislature. The members of

the governing committee are as follows:

(a) The senate majority leader.

(b) The senate minority leader.

(d) The minority Vice chairperson of the senate appropriations

committee.

(e) The speaker of the house of representatives.

(f) The house minority leader.

(g) The chairperson of the house appropriations committee.

(h) The minority vice chairperson of the house appropriations

committee.

(4) On the effective date of the amendatory act that added

this section, the chairperson of the house appropriations committee

shall be chairperson of the governing committee. Beginning 13

months after the effective date of the amendatory act that added

this section, the chairperson of the governing committee shall

alternate between the chairperson of the house appropriations

committee and senate appropriations committee each year.

(5) The members of the governing board of the legislative

fiscal agency shall meet quarterly. In addition to the quarterly

meetings, the governing committee shall meet within 7 days upon

request of 2 or more members of the governing committee made to the

speaker of the house of representatives or the senate majority

leader. The governing committee shall appoint a director of the

legislative fiscal agency, who shall serve at the pleasure of the

governing committee.

(6) Except as otherwise provided by subsection (7), a writing

prepared, owned, used, in the possession of, or retained by the

legislative fiscal agency in the performance of an official

function shall be made available to the public in compliance with

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(7) An employee of the legislative fiscal agency shall not

reveal to any person who is not an employee of the legislative

fiscal agency the contents or nature of any bill, substitute,

amendment, resolution, special report, or proposal not yet

published unless the employee has the consent of the member who is

sponsoring or requesting the bill, substitute, amendment,

resolution, special report, or proposal. A bill is considered

published when it is introduced. A substitute, an amendment, or a

conference report is considered published when received by the

secretary of the senate, the clerk of the house of representatives,

or both, as applicable. As used in this subsection:

(a) "Special report" means a report that is requested by a

member of the legislature to be prepared by the legislative fiscal

agency. A special report shall not be considered published until it

is authorized for release by the member of the legislature

requesting the report.

(b) "Proposal" means a plan or an activity that is under

consideration by a member of the legislature. A proposal shall not

be considered published until it is authorized for release by the

member of the legislature requesting the preparation of the

proposal.

(8) The director of the legislative fiscal agency shall

provide quarterly financial statements of the financial affairs of

the legislative fiscal agency. The quarterly financial statements

shall be submitted to the members of the governing committee and

the house of representatives and senate not later than 30 days

after each calendar quarter.

(9) The legislative fiscal agency shall develop, post, and

maintain on a publicly accessible internet site all expenditures

made by the agency within a fiscal year and the purpose for which

each expenditure was made. The legislative fiscal agency shall not

expend more than $10,000.00 to implement the internet site under

this section. The legislative fiscal agency shall not provide

financial information on the internet site under this section if

doing so would violate a federal or state law, rule, regulation, or

guideline.

(10) An employee of the legislative fiscal agency is a

nontenured, at-will employee. The governing committee of the

legislative fiscal agency may discipline, transfer, demote,

suspend, or summarily discharge an employee.

Sec. 601. (1) ~~There~~ Until 60 days after the effective date of

the amendatory act that added section 502, there is ~~created~~ a

nonpartisan agency to be known as the house fiscal agency to be of

service to the appropriations committee of the house of

representatives and other members of the house of representatives.

(2) The house fiscal agency shall be governed by a governing

committee. The members of the governing committee are as follows:

(a) If the house of representatives is controlled by co-

speakers pursuant to a joint leadership agreement between

republican and democratic members of the house of representatives,

the following 8 members of the house of representatives:

(i) The co-speakers.

(ii) The co-chairpersons of the appropriations committee.

(iii) The co-vice-chairpersons of the appropriations committee.

(iv) The co-floor leaders.

(b) If the house of representatives is controlled by a single

speaker, the following 6 members of the house of representatives:

(i) The speaker of the house.

(ii) The minority leader.

(iii) The chairperson of the appropriations committee.

(iv) The minority vice-chairperson of the appropriations

committee.

(v) The majority floor leader.

(vi) The minority floor leader.

(3) If the house of representatives is controlled by co-

speakers pursuant to a joint leadership agreement between

republican and democratic members of the house of representatives,

the co-chairpersons of the house appropriations committee are the

co-chairpersons of the governing committee of the house fiscal

agency. The co-chairpersons of the governing committee of the house

fiscal agency shall alternate as chairperson of the governing

committee. The democratic co-chairperson of the house

appropriations committee shall preside as chairperson in months

during which the presiding officers of the house of representatives

are republican and the republican co-chairperson of the house

appropriations committee shall preside as chairperson in months

during which the presiding officers of the house of representatives

are democratic. If the house of representatives is controlled by a

single speaker, the chairperson of the house appropriations

committee is the chairperson of the governing committee of the

house fiscal agency.

(4) The governing committee of the house fiscal agency shall

meet quarterly. In addition to the quarterly meetings, the

governing committee shall meet within 7 days upon request of 2 or

more members of the governing committee made to the co-speakers or

speaker of the house.

(5) Except as otherwise provided in subsection (6), a writing

prepared, owned, used, in the possession of, or retained by the

house fiscal agency in the performance of an official function

shall be made available to the public in compliance with the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(6) An employee of the house fiscal agency shall not reveal to

any person who is not an employee of the house fiscal agency the

contents or nature of any bill, substitute, amendment, resolution,

special report, or proposal not yet published unless the employee

has the consent of the member who is sponsoring or requesting the

bill, substitute, amendment, resolution, special report, or

proposal. A bill shall not be considered published until it is

introduced. A substitute, an amendment, or a conference report

shall be considered published when received by the secretary of the

senate or the clerk of the house of representatives, or both, as is

appropriate. As used in this subsection:

(a) "Special report" means a report that is requested by a

member of the house of representatives to be prepared by the house

fiscal agency. A special report shall not be considered published

until it is authorized for release by the member of the house of

representatives requesting the report.

(b) "Proposal" means a plan or an activity that is under

consideration by a member of the house of representatives. A

proposal shall not be considered published until it is authorized

for release by the member of the house of representatives

requesting the preparation of the proposal.

(7) The director of the house fiscal agency shall provide

quarterly financial statements of the financial affairs of the

house fiscal agency. The quarterly financial statements shall be

submitted to the members of the governing committee and the house

of representatives not later than 30 days after each calendar

quarter.

(8) Persons employed by the house fiscal agency shall be

nontenured, at-will employees. The governing committee of the house

fiscal agency may discipline, transfer, demote, suspend, or

summarily discharge an employee.

Enacting section 1. Section 204g of the legislative council

act, 1986 PA 268, MCL 4.1204g, is repealed.