Bill Text: MI HB5382 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Legislature; committees; legislative commission on state agencies; create. Amends 1986 PA 268 (MCL 4.1101 - 4.1901) by adding ch. 7C.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2014-03-05 - Printed Bill Filed 03/05/2014 [HB5382 Detail]

Download: Michigan-2013-HB5382-Introduced.html

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HOUSE BILL No. 5382

 

March 4, 2014, Introduced by Reps. Townsend, Kelly, Switalski, Knezek, Cavanagh and Yanez and referred to the Committee on Government Operations.

 

     A bill to amend 1986 PA 268, entitled

 

"Legislative council act,"

 

(MCL 4.1101 to 4.1901) by adding chapter 7C.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 7C

 

     Sec. 791. As used in this chapter:

 

     (a) "Commission" means the legislative commission on state

 

agencies created in section 792.

 

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

 

agency, authority, or other unit of state government.

 

     Sec. 792. (1) The legislative commission on state agencies is

 

created within the legislative council.

 

     (2) The commission shall consist of the following 12 members:

 

     (a) Six members appointed by the speaker of the house of

 

representatives.

 

     (b) Six members appointed by the majority leader of the

 

senate.

 

     (3) The members first appointed to the commission shall be

 

appointed within 30 days after the effective date of the amendatory

 

act that added this chapter.

 

     (4) If a vacancy occurs on the commission, the member shall be

 

replaced in the same manner as the original appointment.

 

     (5) The first meeting of the commission shall be called by the

 

speaker of the house of representatives not later than 60 days

 

after the effective date of the amendatory act that added this

 

chapter. 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 a majority of the members of the

 

commission.

 

     (6) 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.

 

     (7) 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.

 

     (8) 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.

 

     (9) 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.

 

     (10) The commission shall do all of the following:

 

     (a) Examine each state agency, determine the need for the

 

functions the agency performs, and recommend the abolition,

 

continuation, or reorganization of each affected state agency.

 

     (b) Recommend the consolidation, transfer, or reorganization

 

of programs within state agencies not under review if the programs

 

duplicate functions performed by state agencies under review.

 

     (c) Recommend ways to improve the operations of each state

 

agency.

 

     (d) Recommend the continuation or abolition of each reporting

 

requirement imposed on the state agency.

 

     (11) In determining whether a public need exists for the

 

continuation of a state agency or for the functions the state

 

agency performs, the commission shall consider all of the

 

following:

 

     (a) The efficiency and effectiveness with which the state

 

agency operates.

 

     (b) An identification of the mission, goals, and objectives

 

intended for the state agency, the problem or need that the state

 

agency was intended to address, and the extent to which the

 

mission, goals, and objectives have been achieved and the problem

 

or need has been addressed.

 

     (c) An identification of any activities of the state agency in

 

addition to those granted by statute, the authority for those

 

activities, and the extent to which those activities are needed.

 

     (d) Whether less restrictive or alternative methods of

 

performing any function that the state agency performs could

 

adequately protect or provide service to the public.

 

     (e) The extent to which the jurisdiction of the state agency

 

and the programs administered by the state agency overlap or

 

duplicate those of other state agencies, the extent to which the

 

state agency coordinates with those agencies, and the extent to

 

which the programs administered by the state agency can be

 

consolidated with the programs of other state agencies.

 

     (12) The commission shall file a report by September 1 of each

 

year with the governor and the legislature outlining any changes

 

the commission determines are necessary under subsection (10) and

 

any recommendations for legislation.