October 8, 2013, Introduced by Reps. Walsh, Kowall, Schor, Kivela, Jacobsen, Pettalia, Crawford, McCready, Rogers, Forlini, Pagel, Heise, Daley, Lauwers, Rendon, Lund, Haugh, Nathan, Zemke, Singh, Outman and MacGregor and referred to the Committee on Appropriations.
A bill to amend 1986 PA 268, entitled
"Legislative council act,"
(MCL 4.1101 to 4.1901) by adding chapter 7C.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 7C
Sec. 791. (1) The local government mandate panel is created
within the legislative council. The local government mandate panel
shall facilitate and ensure compliance with section 29 of article
IX of the state constitution of 1963.
(2) The local government mandate panel shall consist of the
following members:
(a) The director of the house fiscal agency or his or her
designee.
(b) The director of the senate fiscal agency or his or her
designee.
(c) The director of the department of technology, management,
and budget or his or her designee as a nonvoting member.
(d) The following 5 members appointed jointly by the speaker
of the house of representatives and the majority leader of the
senate who represent the interests of each of the following:
(i) Counties.
(ii) Cities and villages.
(iii) Townships.
(iv) School districts and intermediate school districts.
(v) Community colleges.
(3) The members first appointed to the local government
mandate panel shall be appointed within 30 days after the effective
date of the amendatory act that added this chapter.
(4) Members of the local government mandate panel shall serve
for terms of 4 years or until a successor is appointed, whichever
is later, except that of the members first appointed under
subsection (2)(d), 2 shall serve for 1 year, 1 shall serve for 2
years, and 2 shall serve for 3 years.
(5) If a vacancy occurs on the local government mandate panel,
the appointment for the unexpired term shall be made in the same
manner as the original appointment.
(6) The speaker of the house of representatives and the
majority leader of the senate, acting jointly, may remove a member
of the local government mandate panel for incompetency, dereliction
of duty, malfeasance, misfeasance, or nonfeasance in office, or any
other good cause.
(7) The first meeting of the local government mandate panel
shall be called by the speaker of the house of representatives. At
the first meeting, the director of the house fiscal agency or his
or her designee shall be the chairperson. Each year thereafter, the
chairperson of the local government mandate panel shall alternate
between the director of the senate fiscal agency or his or her
designee and the director of the house fiscal agency or his or her
designee. After the first meeting, the local government mandate
panel shall meet at least quarterly, or more frequently at the call
of the chairperson or if requested by 4 or more members.
(8) A majority of the members of the local government mandate
panel constitute a quorum for the transaction of business at a
meeting of the local government mandate panel. A majority of the
members present and serving are required for official action of the
local government mandate panel.
(9) The business that the local government mandate panel may
perform shall be conducted at a public meeting of the local
government mandate panel held in compliance with the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the local government mandate panel in the performance
of an official function is subject to the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246.
(11) Members of the local government mandate panel shall serve
without compensation. However, members of the local government
mandate panel may be reimbursed for their actual and necessary
expenses incurred in the performance of their official duties as
members of the local government mandate panel.
(12) After introduction of a bill that may impose a new
activity or service or increase the level of an existing activity
or service as determined by the chairperson of the local government
mandate panel, the chairperson of the local government mandate
panel shall initiate the fiscal note process described in section 6
of the prevention of unfunded mandates act. The local government
mandate panel and the legislature shall otherwise comply with the
requirements set forth in the prevention of unfunded mandates act.
(13) The local government mandate panel shall develop its own
rules of operation, policies, and procedures and may authorize and
operate subcommittees to assist in its duties.
(14) If the house fiscal agency and the senate fiscal agency
are combined into 1 fiscal agency, the director of that fiscal
agency or his or her designee shall be a member of the local
government mandate panel in place of the individuals identified
under subsection (2)(a) and (b).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5060 (request no.
03399'13) of the 97th Legislature is enacted into law.