HOUSE BILL No. 4218


     February 9, 1999, Introduced by Reps. Jacobs, Bisbee, Pestka, Jamnick, Switalski, Bovin, Schauer, Minore, Garza, Neumann, Gilbert, DeHart and Martinez and referred to the Committee on House Oversight and Operations.


        A bill to amend 1968 PA 357, entitled

   "An act to prescribe the powers, duties and functions of the
   state officers' compensation commission; and to prescribe the
   powers and duties of the legislature in relation to the
   commission,"

   by amending sections 3, 6, and 7 (MCL 15.213, 15.216, and

   15.217).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 3.  The commission shall meet for not more than 15 ses-

 2    sion days beginning after  July 1 of every even numbered year 

 3    JANUARY 1, 2000 AND EVERY 2 YEARS THEREAFTER and may reconsider

 4    and make a further determination of the mileage allowance of the

 5    members of the legislature who request of the commission a

 6    redetermination.  Four members of the commission constitute a

 7    quorum for conducting the business of the commission.  The

 8    commission shall not take action or make determinations without a



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 1    concurrence of a majority of the members appointed and serving on

 2    the commission.  The commission shall elect a chairperson from

 3    among its members.  The state personnel director shall act as the

 4    secretary to the commission.  The commission may establish

 5    subcommittees.

 6         Sec. 6.  The  SUBJECT TO SECTION 7, THE commission shall

 7    determine the salaries and expense allowance of the governor,

 8    lieutenant governor,  the  ATTORNEY GENERAL, SECRETARY OF STATE,

 9    justices of the supreme court, and  the  members of the

10    legislature.  and  THE COMMISSION SHALL file its determinations

11    with the clerk of the house of representatives, the secretary of

12    the senate, and the director of the department of management and

13    budget  after December 1 and  before  December 31, of each even

14     numbered year  FEBRUARY 15, 2000 AND EVERY 2 YEARS THEREAFTER and

15    shall furnish copies to the governor,  the  lieutenant governor,

16    ATTORNEY GENERAL, SECRETARY OF STATE, justices of the supreme

17    court, and members of the legislature.

18         Sec. 7.  The determinations of the commission shall be

19    effective  January 1 of the year following their filing and shall

20     be the compensation and expense allowances of the governor, lieu-

21     tenant governor, justices of the supreme court and members of the

22     legislature unless the legislature, by  ONLY UPON THE ADOPTION OF

23    SEPARATE concurrent  resolution adopted  RESOLUTIONS, 1 EACH FOR

24    THE EXECUTIVE, JUDICIAL, AND LEGISLATIVE BRANCHES OF GOVERNMENT,

25    by a  2/3  MAJORITY vote of the members elected to and serving

26     prior to February 1 of the year following the filing of the

27     determinations, rejects either the entire determinations or



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 1    specific determinations for specific positions.  In case of

 2     rejection the existing salary and expense allowances shall pre-

 3     vail retroactive to January 1  IN EACH HOUSE.  BEGINNING IN 2000

 4    AND EVERY 4 YEARS AFTER 2000, THE SENATE SHALL ORIGINATE THE CON-

 5    CURRENT RESOLUTIONS AND SHALL VOTE FIRST ON EACH SEPARATE

 6    RESOLUTION.  BEGINNING IN 2002 AND EVERY 4 YEARS AFTER 2002, THE

 7    HOUSE OF REPRESENTATIVES SHALL ORIGINATE THE CONCURRENT RESOLU-

 8    TIONS AND SHALL VOTE FIRST ON EACH SEPARATE RESOLUTION.  THE CON-

 9    CURRENT RESOLUTIONS DESCRIBED IN THIS SECTION SHALL BE VOTED UPON

10    BY THE FIRST HOUSE ON OR BEFORE MARCH 15.  THOSE RESOLUTIONS THAT

11    RECEIVE AN AFFIRMATIVE VOTE IN THE FIRST HOUSE SHALL BE VOTED

12    UPON BY THE SECOND HOUSE ON OR BEFORE APRIL 15.  IF A CONCURRENT

13    RESOLUTION IS ADOPTED, THEN THOSE DETERMINATIONS SHALL BECOME

14    EFFECTIVE FOR THE LEGISLATIVE SESSION IMMEDIATELY FOLLOWING THE

15    NEXT GENERAL ELECTION.  IF THE RECOMMENDATIONS OF THE COMMISSION

16    ARE NOT ADOPTED, THE EXISTING SALARY AND EXPENSE ALLOWANCES SHALL

17    REMAIN IN EFFECT.

18         Enacting section 1.  This amendatory act takes effect

19    January 1, 2000.

20         Enacting section 2.  This amendatory act does not take

21    effect unless Senate Joint Resolution ____ or House Joint

22    Resolution ____ (request no. 00368'99) of the 90th Legislature

23    becomes a part of the state constitution of 1963 as provided in

24    section 1 of article XII of the state constitution of 1963.









   00367'99          Final page.                            JLB