HOUSE BILL No. 4859


     September 28, 1999, Introduced by Reps. Switalski, Dennis, Jacobs, Neumann, Gieleghem
and Lemmons 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 6 and 7 (MCL 15.216 and 15.217).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 6.  (1) The commission shall determine the salaries and

 2    expense  allowance  ALLOWANCES of the governor,
             lieutenant gover-

 3    nor, AND the justices of the supreme court  , and the
             members of

 4     the legislature  and file its determinations with
                       the clerk of

 5    the house of representatives, the secretary of the senate and the

 6    director of the department of management and budget after

 7    December 1 and before December 31, of each even numbered year and

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

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



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 1         (2) THE COMMISSION SHALL MAKE A RECOMMENDATION FOR THE

 2    SALARIES AND EXPENSE ALLOWANCES OF THE MEMBERS OF THE LEGISLATURE

 3    AND PROVIDE THE LEGISLATURE WITH THE OPTION OF ADOPTING EITHER

 4    THE RECOMMENDATION OR A SALARY AND EXPENSE ALLOWANCE INDEXED TO

 5    THE AVERAGE WAGE OF ALL STATE EMPLOYEES REPRESENTED BY A LABOR

 6    ORGANIZATION.  THE COMMISSION SHALL SUBMIT THE SALARY AND EXPENSE

 7    ALLOWANCE OPTIONS DESCRIBED IN THIS SECTION TO THE CLERK OF THE

 8    HOUSE OF REPRESENTATIVES, THE SECRETARY OF THE SENATE, ALL MEM-

 9    BERS OF THE LEGISLATURE, AND THE DIRECTOR OF THE DEPARTMENT OF

10    MANAGEMENT AND BUDGET AFTER DECEMBER 1 AND BEFORE DECEMBER 31 OF

11    EACH EVEN NUMBERED YEAR.

12         Sec. 7.  (1) The determinations of the commission DESCRIBED

13    IN SECTION 6(1) shall be effective January 1 of the year follow-

14    ing their filing and shall be the compensation and expense allow-

15    ances of the governor, lieutenant governor, justices of the

16    supreme court and members of the legislature unless the legisla-

17    ture, by concurrent resolution adopted by a 2/3 vote of the mem-

18    bers elected to and serving prior to February 1 of the year fol-

19    lowing the filing of the determinations, rejects either the

20    entire determinations or specific determinations for specific

21    positions.  In case of rejection, the existing  salary
              SALARIES

22    and expense allowances shall prevail retroactive to January 1.

23         (2) THE RECOMMENDATION OF THE COMMISSION UNDER SECTION 6(2)

24    SHALL BE EFFECTIVE JANUARY 1 OF THE YEAR FOLLOWING ITS SUBMISSION

25    TO THE LEGISLATURE, AND SHALL BE THE COMPENSATION AND EXPENSE

26    ALLOWANCES OF THE MEMBERS OF THE LEGISLATURE UNLESS THE

27    LEGISLATURE, BY CONCURRENT RESOLUTION ADOPTED BY A 2/3 VOTE OF



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 1    THE MEMBERS ELECTED AND SERVING PRIOR TO FEBRUARY 1 OF THE YEAR

 2    FOLLOWING THE RECOMMENDATION, DOES EITHER OF THE FOLLOWING:

 3         (A) EXPRESSLY REJECTS BOTH OPTIONS SUBMITTED BY THE COMMIS-

 4    SION UNDER SECTION 6(2).

 5         (B) EXPRESSLY ADOPTS THE OPTION TO RECEIVE SALARIES AND

 6    EXPENSE ALLOWANCES INDEXED TO THE AVERAGE WAGE OF ALL STATE

 7    EMPLOYEES REPRESENTED BY A LABOR ORGANIZATION.

 8         (3) IF THE LEGISLATURE EXPRESSLY REJECTS BOTH OPTIONS SUB-

 9    MITTED BY THE COMMISSION UNDER SECTION 6(2), THE SALARIES AND

10    EXPENSE ALLOWANCES IN EXISTENCE AT THE TIME OF THE REJECTION

11    SHALL PREVAIL RETROACTIVE TO JANUARY 1.


































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