March 25, 2010, Introduced by Reps. Terry Brown, Scripps, McDowell, Geiss, Haugh, Kandrevas, Slavens, Roberts, Byrum, Angerer, Robert Jones, Byrnes, Ebli, Meadows, Melton, Johnson, Corriveau, Bledsoe, Liss, Sheltrown, Haase, Valentine, Stanley, Roy Schmidt and Dean and referred to the Committee on Oversight and Investigations.
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 board of 6 members of the legislature. The members of the
governing board are as follows:
(a) The senate majority leader.
(b) The senate minority leader.
(c) The chairperson of the senate appropriations committee.
(d) The speaker of the house of representatives.
(e) The house minority leader.
(f) The chairperson of the house appropriations committee.
(4) 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.
(5) Except as otherwise provided by subsection (6), 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.
(6) 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.
(7) 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.
(8) 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.