HOUSE BILL No. 4526


     March 27, 2001, Introduced by Reps. Kooiman, Newell, Meyer, Van Woerkom, Bovin, Ruth Johnson, Birkholz, Rocca,
Kuipers, Howell, Gosselin, Voorhees, Middaugh, George, Hart and Lipsey 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:

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

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      sion days beginning after July 1 of every  even  ODD numbered

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      year and may reconsider and make a further determination of the

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      mileage allowance of the members of the legislature who request

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      of the commission a redetermination.  Four members of the commis-

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      sion constitute a quorum for conducting the business of the

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      commission.  The commission shall not take action or make

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      determinations without a concurrence of a majority of the members



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      appointed and serving on the commission.  The commission shall

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      elect a chairperson from among its members.  The state personnel

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      director shall act as the secretary to the commission.  The com-

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      mission may establish subcommittees.

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

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      determine the salaries and expense allowance of the governor, THE

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      lieutenant governor, THE ATTORNEY GENERAL, THE SECRETARY OF

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

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      legislature and file its determinations with the clerk of the

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

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      director of the department of management and budget after

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      December 1 and before December 31, of each  even  ODD numbered

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      year and shall furnish copies to the governor, the lieutenant

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      governor, THE ATTORNEY GENERAL, THE SECRETARY OF STATE, THE jus-

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      tices of the supreme court, and THE members of the legislature.

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           Sec. 7.  The determinations of the commission shall be

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       effective January 1 of the year following their filing and shall

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

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

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      legislature unless the legislature, by concurrent resolution

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      adopted by a 2/3 vote of the members elected to and serving prior

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      to February 1 of the year following the filing of the determina-

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      tions, rejects either the entire determinations or specific

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      determinations for specific positions.  In case of rejection the

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      existing salary and expense allowances shall prevail retroactive

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      to January 1  MADE IN 3 SEPARATE DETERMINATIONS, 1 EACH FOR THE

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      LEGISLATIVE BRANCH, EXECUTIVE BRANCH, AND JUDICIAL BRANCH OF



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      STATE GOVERNMENT.  IF A DETERMINATION DOES NOT EXCEED THE

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      EXISTING SALARIES AND EXPENSE ALLOWANCES BY MORE THAN THE TOTAL

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      PERCENTAGE INCREASE IN COMPENSATION FOR STATE CLASSIFIED CIVIL

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      SERVICE EMPLOYEES IN THE IMMEDIATELY PRECEDING 2 CALENDAR YEARS,

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      THAT DETERMINATION SHALL IMMEDIATELY BECOME THE SALARY AND

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      EXPENSE ALLOWANCE FOR THE OFFICERS DESCRIBED IN THAT

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      DETERMINATION.  IF A DETERMINATION EXCEEDS THE EXISTING SALARIES

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      AND EXPENSE ALLOWANCES BY MORE THAN THE TOTAL PERCENTAGE INCREASE

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      IN COMPENSATION FOR STATE CLASSIFIED CIVIL SERVICE EMPLOYEES IN

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      THE IMMEDIATELY PRECEDING 2 CALENDAR YEARS, THE AMOUNT THAT DOES

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      NOT EXCEED THE TOTAL PERCENTAGE INCREASE IN COMPENSATION FOR

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      STATE CLASSIFIED CIVIL SERVICE EMPLOYEES IN THE IMMEDIATELY PRE-

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      CEDING 2 CALENDAR YEARS SHALL IMMEDIATELY BECOME THE SALARY AND

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      EXPENSE ALLOWANCE OF THE OFFICERS DESCRIBED IN THE

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      DETERMINATION.  THE AMOUNT OF A DETERMINATION THAT EXCEEDS THE

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      TOTAL PERCENTAGE INCREASE IN COMPENSATION FOR STATE CLASSIFIED

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      CIVIL SERVICE EMPLOYEES IN THE IMMEDIATELY PRECEDING 2 CALENDAR

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      YEARS SHALL BECOME THE SALARY AND EXPENSE ALLOWANCE OF THE OFFI-

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      CERS DESCRIBED IN THE DETERMINATION ONLY IF THE LEGISLATURE BY A

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      CONCURRENT RESOLUTION FOR THAT DETERMINATION ADOPTED BY A MAJOR-

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      ITY OF THE MEMBERS ELECTED TO AND SERVING IN EACH HOUSE OF THE

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      LEGISLATURE APPROVES THE DETERMINATION BEFORE FEBRUARY 1 OF THE

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      YEAR FOLLOWING THE FILING OF THE DETERMINATIONS.  IF A DETERMINA-

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      TION EXCEEDS THE EXISTING SALARY AND EXPENSE DETERMINATION BY

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      MORE THAN THE TOTAL PERCENTAGE INCREASE IN COMPENSATION FOR STATE

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      CLASSIFIED CIVIL SERVICE EMPLOYEES IN THE IMMEDIATELY PRECEDING 2

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      CALENDAR YEARS, EACH HOUSE OF THE LEGISLATURE SHALL CONDUCT A



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      RECORD ROLL CALL VOTE ON THE CONCURRENT RESOLUTION BEFORE

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      FEBRUARY 1 OF THE YEAR FOLLOWING THE FILING OF THE

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      DETERMINATIONS.  EVERY 2 YEARS, THE SENATE AND HOUSE OF REPRESEN-

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      TATIVES SHALL ALTERNATE ON WHICH HOUSE OF THE LEGISLATURE SHALL

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      ORIGINATE THE CONCURRENT RESOLUTION.  IF THE CONCURRENT RESOLU-

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      TION IS ADOPTED, THAT PART OF THE DETERMINATION SHALL BE ADDED TO

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      THE SALARY AND EXPENSE DETERMINATION EFFECTIVE FOR THE LEGISLA-

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      TIVE SESSION IMMEDIATELY FOLLOWING THE NEXT GENERAL ELECTION.  IF

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      THE CONCURRENT RESOLUTION IS NOT ADOPTED, EXISTING SALARY AND

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      EXPENSE ALLOWANCES SHALL REMAIN IN EFFECT.




































   02947'01          Final page.                            JLB