Bill Text: MI HB5801 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Legislature; committees; certain reports regarding section 29 of article IX of the state constitution; require the house and senate fiscal agencies to issue. Amends 1986 PA 268 (MCL 4.1101 - 4.1901) by adding sec. 502.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-11-10 - Referred To Second Reading [HB5801 Detail]

Download: Michigan-2009-HB5801-Introduced.html

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HOUSE BILL No. 5801

 

February 9, 2010, Introduced by Reps. Mayes, McDowell, Kennedy and Barnett and referred to the Committee on Judiciary.

 

     A bill to amend 1986 PA 268, entitled

 

"Legislative council act,"

 

(MCL 4.1101 to 4.1901) by adding section 502.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 502. (1) Not later than December 31 of 2010 and every

 

year thereafter, the house and senate fiscal agencies shall issue a

 

report to the legislature, the governor, and the Michigan court of

 

appeals regarding the state's compliance with its funding

 

obligations to local units of government under section 29 of

 

article IX of the state constitution of 1963. The report shall

 

contain all of the following:

 

     (a) The state-financed proportion of the necessary cost of

 

each activity or service required of local units of government by

 

existing law.

 

     (b) The nature and scope of each state requirement that

 

requires a disbursement under section 29 of article IX of the state

 

constitution of 1963.

 

     (c) The nature and scope of each action imposing a potential

 

cost on a local unit of government that is not a state requirement

 

and does not require a disbursement under section 29 of article IX

 

of the state constitution of 1963.

 

     (d) The identity or type of local unit of government at which

 

each state requirement or required existing activity or service is

 

directed.

 

     (e) Whether an identifiable local direct cost is necessitated

 

by each identified state requirement or required existing activity

 

or service.

 

     (f) The amount of state financial participation needed to meet

 

each identifiable local direct cost.

 

     (g) The state agency charged with supervising each identified

 

state requirement or required existing activity or service.

 

     (h) A brief description of the purpose and origin of each

 

state requirement or required existing activity or service.

 

     (i) A recommendation as to whether any state requirement or

 

activity or service required of local units of government by

 

existing law should be eliminated, redesigned to reduce the cost of

 

compliance, or fully or proportionately funded by the state,

 

depending on the date the requirement was first imposed.

 

     (j) A recommendation as to whether required standards of

 

performance for optional activities and services provided by local

 

units of government or requirements not otherwise subject to

 

section 29 of article IX of the state constitution of 1963 should

 

be reduced, reformed, eliminated, or fully funded by the state. The

 

recommendation shall consider whether requirements continue to be

 

necessary in light of the public interest and the financial

 

condition of the affected local units of government and whether the

 

state should modify the requirements to reduce the cost or increase

 

the efficiency with which the activities and services can be

 

provided.

 

     (2) If the court of appeals rules that the state has failed to

 

fully fund the cost of complying with state requirements or the

 

state-financed proportion of the necessary cost of an existing

 

activity or service required of local units of government, the

 

house and senate fiscal agencies shall provide recommendations to

 

the legislature on how to address those decisions.