SB-0398, As Passed Senate, September 30, 2007

HOUSE 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, "Commission" means the

legislative commission on statutory mandates established in this

chapter.

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.

     (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. 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, 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 October 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

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.

     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.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) House Bill No. 5194.

     (b) House Bill No. 5198.