Bill Text: MI SB0495 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Legislature; reports; fiscal impact statement on certain bills; require before passage and create agency to prepare. Amends title of 1986 PA 268 (MCL 4.1101 - 4.1901) & adds ch. 7C.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-28 - Referred To Committee On Government Operations [SB0495 Detail]

Download: Michigan-2017-SB0495-Introduced.html

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SENATE BILL No. 495

 

 

June 28, 2017, Introduced by Senator CASPERSON 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 amending the title and by adding chapter

 

7C.

 

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; to create a Michigan capitol committee;

 

to create a commission on intergovernmental relations; legislative

 

budget agency; to prescribe the powers and duties of certain state

 

agencies and departments; to repeal certain acts and parts of acts;

 

and to repeal certain parts of this act on specific dates.

 

CHAPTER 7C

 

LEGISLATIVE BUDGET AGENCY

 

     Sec. 791. As used in this chapter:

 

     (a) "Fiscal bill" means a bill that would require this state

 

or local units of government to provide activities and services

 

that create more than a de minimus new cost or increased cost to

 

this state or local units of government. The legislative budget

 

agency and the chairperson of the committee to which a bill is

 

referred may designate a bill as a fiscal bill.

 

     (b) "Fiscal note" means a written estimate of the costs,

 

savings, revenue gain, or revenue loss that may result from the

 

implementation of a fiscal bill.

 

     (c) "Local unit of government" means a political subdivision

 

of this state.

 

     (d) "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.

 

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

 

member of the legislature to be prepared by the legislative budget

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

 

is authorized for release by the member requesting the report.

 

     Sec. 792. (1) The legislative budget agency is created as a

 

nonpartisan agency to be of service to all members of the

 

legislature. The legislative budget agency shall monitor introduced

 

bills and prepare fiscal notes as provided in section 793 and shall

 

prepare an annual financial report as provided in section 794.

 

     (2) The legislative budget 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.

 

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

 

budget 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.

 

     (4) Except as otherwise provided by subsection (5), a writing

 

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

 

legislative budget agency in the performance of an official

 

function must be made available to the public in compliance with

 

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

     (5) An employee of the legislative budget agency shall not

 

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

 

budget 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 or the clerk of the house of

 

representatives, or both, as applicable.

 

     (6) An employee of the legislative budget agency is a

 

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

 

legislative budget agency may discipline, transfer, demote,

 

suspend, or summarily discharge an employee.

 

     (7) The legislative budget agency, the senate fiscal agency,

 

and the house fiscal agency shall act in concert.

 

     (8) The members of the governing board listed in subsection

 

(2)(a) and (d) shall designate representatives for each type of

 

local unit of government to assist the legislative budget agency in

 

preparing fiscal notes. The representatives described under this

 

subsection must be apportioned according to the various population

 

sizes, geographical locations, and unique needs of the local units

 

of government.

 

     Sec. 793. (1) Except in a state of emergency declared by the

 

governor, a fiscal bill must not proceed to the third reading if

 

the fiscal note for that fiscal bill concludes that the costs for

compliance with that fiscal bill are indeterminate or not capable

 

of being reasonably estimated.

 

     (2) A fiscal bill must not be passed by either house of the

 

legislature before the members of that house have been provided the

 

fiscal note for that fiscal bill and sufficient time to review that

 

fiscal note.

 

     (3) In each fiscal note, the legislative budget agency shall

 

project cost estimates for a 5-year period from the effective date

 

of a fiscal bill and shall state whether or not costs or diversions

 

will be involved after that period. If an amendment to a fiscal

 

bill or a substitute of a fiscal bill is adopted, the legislative

 

budget agency shall update the fiscal note for that fiscal bill.

 

     Sec. 794. The legislative budget agency shall prepare an

 

annual financial report that reconciles the costs estimated in a

 

fiscal note with the actual costs incurred and that provides an

 

updated 5-year cost estimate. The legislative budget agency shall

 

provide the appropriations committee of each chamber with the

 

annual financial report.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.