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SB-0396, As Passed House, September 30, 2007

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 396

A bill to amend 1986 PA 268, entitled

"Legislative council act,"

(MCL 4.1101 to 4.1901) by adding chapter 7A; and to repeal acts and

parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER 7A

Sec. 751. As used in this chapter:

(a) "Commission" means the legislative commission on

government efficiency established in this chapter.

(b) "State agency" means 1 or more of the following:

(i) A department, commission, authority, or board in the

executive branch.

(ii) The supreme court, court of appeals, state court

administrative office, or other commission, office, or agency in

the judicial branch.

Sec. 752. (1) The legislative commission on government

efficiency is created within the legislative council.

(2) The commission shall consist of the following 9 members:

(a) One member appointed by the speaker of the house of

representatives.

(b) One member appointed by the minority leader of the house

of representatives.

(d) One member appointed by the majority leader of the senate.

(e) One member appointed by the minority leader of the senate.

(f) The director of the senate fiscal agency.

(g) Three members jointly selected by the speaker of the house

of representatives and the majority leader of the senate.

(3) The members first appointed to the commission shall be

appointed within 60 days after the effective date of the amendatory

act that added this chapter.

(4) Members of the commission shall serve for a term of 3

years. A member of the commission shall discharge the duties of his

or her position in a nonpartisan manner, with good faith, and with

that degree of diligence, care, and skill that an ordinarily

prudent person would exercise under similar circumstances in a like

position.

(5) Except for the members appointed under subsection (2)(c)

and (f), public employees are not eligible to be a member of the

commission. A person with a business or financial interest in a

contract with this state is not eligible to be a member of the

commission. Members of the commission shall be individuals who have

knowledge of, education in, or experience with the best practices

of 1 or more of the following fields:

(a) Organizational efficiency.

(b) Government operations.

(d) Administrative law.

(6) If a vacancy occurs on the commission, the member shall be

replaced in the same manner as the original appointment.

(7) The first meeting of the commission shall be called by the

speaker of the house of representatives not later than 60 days

after the effective date of the amendatory act that added this

chapter. The member appointed by the majority leader of the senate

and the member appointed by the speaker of the house of

representatives shall be co-chairpersons of the commission. The

chairperson position shall rotate each month between the co-

chairpersons. The member appointed by the speaker of the house of

representatives shall be the chairperson of the commission for the

first month. At the first meeting, the commission shall elect from

among its members other officers as it considers necessary or

appropriate. After the first meeting, the commission shall meet at

least monthly, or more frequently at the call of the chairperson

for that month or if requested by 3 or more members.

(8) A majority of the members of the commission constitute a

quorum for the transaction of business at a meeting of the

commission. A majority of the members are required for official

action of the commission.

(9) The business that the commission may perform shall be

conducted at a public meeting of the commission 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 commission 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 commission shall serve without

compensation. However, members of the commission may be reimbursed

for reasonable and necessary expenses incurred in the performance

of their official duties as members of the commission, subject to

available appropriations.

(12) Not later than December 31, 2008, the commission shall do

all of the following:

(a) Review and investigate ways to make state government more

efficient.

(b) Review, investigate, and collect information necessary to

evaluate all functions and services provided by each state agency,

including, but not limited to, all of the following:

(i) Human resource duties and responsibilities.

(ii) Payroll services.

(iii) Internal auditing, accounting, and financial services.

(iv) Purchasing programs.

(v) Printing services.

(vi) Mail services.

(vii) Maintenance services.

(viii) Janitor or cleaning services.

(ix) Motor vehicle fleet operations.

(x) Transportation services.

(xi) Fiscal analysis.

performed by a state agency.

(d) Determine the total number of FTEs for each function or

service performed by a state agency.

(e) Determine how each function or service is funded in each

state agency.

(f) Determine the total and complete cost of all functions and

services combined.

(g) Review and investigate all funded and unfunded mandates

imposed on state agencies in state law.

(h) Review and investigate all reporting requirements imposed

on state agencies in state law.

(i) Determine the complete cost of each funded and unfunded

mandate imposed on a state agency in state law.

(j) Determine the complete cost of each reporting requirement

imposed on a state agency in state law.

(13) Not later than October 1, 2009, the commission shall make

specific determinations of the items described in subsection (12)

and report those determinations to each house of the legislature

and the governor. The commission shall also make an interim report

to each house of the legislature and the governor on the status of

its determinations of the items described in subsection (12) not

later than June 1, 2009.

(14) The governor may direct that state agencies subject to

the supervision of the governor under section 8 of article V of the

state constitution of 1963 provide information to the commission to

assist the commission in fulfilling its duties under this section.

Upon request of the commission, the commission shall be given

access to all information, records, and documents in the possession

of a state agency that the commission considers necessary to

fulfill its duties under this section. The commission may hold

hearings and may request that any person appear before the

commission, or at a hearing, and give testimony or produce

documentary or other evidence that the commission considers

relevant to its duties under this section.

(15) In connection with its duties under this section, the

commission may request the legislative council to issue a subpoena

to compel the attendance and testimony of witnesses before the

commission or to compel the production of a book, account, paper,

document, or record related to the duties of the commission under

this section. The legislative council may issue the subpoena only

upon the concurrence of a majority of the house members and a

majority of the senate members of the legislative council. A person

who refuses to comply with a subpoena issued by the legislative

council under this subsection may be punished as for contempt of

the legislature.

Enacting section 1. Chapter 7A of the legislative council act,

1986 PA 268, MCL 4.1751 to 4.1753, is repealed effective September

30, 2010.

Enacting section 2. This amendatory act does not take effect