Bill Text: MI HB5470 | 2011-2012 | 96th Legislature | Introduced
Bill Title: State financing and management; other; requirement for fiscal agencies to score certain tax expenditures; implement. Amends secs. 501 & 601 of 1986 PA 268 (MCL 4.1501 & 4.1601).
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2012-03-15 - Printed Bill Filed 03/14/2012 [HB5470 Detail]
Download: Michigan-2011-HB5470-Introduced.html
HOUSE BILL No. 5470
March 13, 2012, Introduced by Reps. Lindberg, Hovey-Wright, Cavanagh, Slavens, Dillon and Meadows and referred to the Committee on Government Operations.
A bill to amend 1986 PA 268, entitled
"Legislative council act,"
by amending sections 501 and 601 (MCL 4.1501 and 4.1601), section
601 as amended by 1999 PA 95.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 501. (1) 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 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.
(5) The senate fiscal agency shall develop and implement a
letter rating system to evaluate each bill that amends or creates a
new tax expenditure. Beginning October 1, 2012, each bill analysis
prepared by the senate fiscal agency for a bill that amends or
creates a new tax expenditure shall contain a letter rating from
"A" to "F", where "A" is the highest rating and "F" is the lowest
or failing rating. The senate fiscal agency shall make the letter
rating on the basis of the rate of return per job created or
proposed to be created. As used in this subsection, "tax
expenditure" means that term as defined in section 791.
Sec. 601. (1) 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.
(9) The house fiscal agency shall develop and implement a
letter rating system to evaluate each bill that amends or creates a
new tax expenditure. Beginning October 1, 2012, each bill analysis
prepared by the house fiscal agency for a bill that amends or
creates a new tax expenditure shall contain a letter rating from
"A" to "F", where "A" is the highest rating and "F" is the lowest
or failing rating. The house fiscal agency shall make the letter
rating on the basis of the rate of return per job created or
proposed to be created. As used in this subsection, "tax
expenditure" means that term as defined in section 791.
