Bill Text: MI HB5504 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Legislature; committees; local government mandate panel; create, and prescribe its duties. Amends 1986 PA 268 (MCL 4.1101 - 4.1901) by adding ch. 7C. TIE BAR WITH: HB 5503'14

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-05-01 - Printed Bill Filed 05/01/2014 [HB5504 Detail]

Download: Michigan-2013-HB5504-Introduced.html

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HOUSE BILL No. 5504

 

April 30, 2014, Introduced by Reps. Walsh and Kowall and referred to the Committee on Financial Liability Reform.

 

     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 local government mandate panel, the

 

local government mandate panel shall initiate the fiscal note

 

process described in section 6 of the Paul Harvey transparency act.

 

The local government mandate panel and the legislature shall

 

otherwise comply with the requirements set forth in the Paul Harvey

 

transparency 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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5503 (request no.

 

01160'13 *) of the 97th Legislature is enacted into law.