March 4, 2014, Introduced by Reps. Townsend, Kelly, Switalski, Knezek, Cavanagh and Yanez and referred to the Committee on Government Operations.
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. As used in this chapter:
(a) "Commission" means the legislative commission on state
agencies created in section 792.
(b) "State agency" means a department, board, commission,
agency, authority, or other unit of state government.
Sec. 792. (1) The legislative commission on state agencies is
created within the legislative council.
(2) The commission shall consist of the following 12 members:
(a) Six members appointed by the speaker of the house of
representatives.
(b) Six members appointed by the majority leader of the
senate.
(3) The members first appointed to the commission shall be
appointed within 30 days after the effective date of the amendatory
act that added this chapter.
(4) If a vacancy occurs on the commission, the member shall be
replaced in the same manner as the original appointment.
(5) 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. 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 a majority of the members of the
commission.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) The commission shall do all of the following:
(a) Examine each state agency, determine the need for the
functions the agency performs, and recommend the abolition,
continuation, or reorganization of each affected state agency.
(b) Recommend the consolidation, transfer, or reorganization
of programs within state agencies not under review if the programs
duplicate functions performed by state agencies under review.
(c) Recommend ways to improve the operations of each state
agency.
(d) Recommend the continuation or abolition of each reporting
requirement imposed on the state agency.
(11) In determining whether a public need exists for the
continuation of a state agency or for the functions the state
agency performs, the commission shall consider all of the
following:
(a) The efficiency and effectiveness with which the state
agency operates.
(b) An identification of the mission, goals, and objectives
intended for the state agency, the problem or need that the state
agency was intended to address, and the extent to which the
mission, goals, and objectives have been achieved and the problem
or need has been addressed.
(c) An identification of any activities of the state agency in
addition to those granted by statute, the authority for those
activities, and the extent to which those activities are needed.
(d) Whether less restrictive or alternative methods of
performing any function that the state agency performs could
adequately protect or provide service to the public.
(e) The extent to which the jurisdiction of the state agency
and the programs administered by the state agency overlap or
duplicate those of other state agencies, the extent to which the
state agency coordinates with those agencies, and the extent to
which the programs administered by the state agency can be
consolidated with the programs of other state agencies.
(12) The commission shall file a report by September 1 of each
year with the governor and the legislature outlining any changes
the commission determines are necessary under subsection (10) and
any recommendations for legislation.