MEMO OF UNDERSTANDING                                                                   S.B. 822 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

Senate Bill 822 (Substitute S-1 as reported)

Sponsor:  Senator Mike Shirkey

Committee:  Elections and Government Reform

CONTENT

The bill would create a new law to require a memorandum of understanding (MOU) between the State and another party, signed by the Governor, be in effect only for the time the Governor held office; require it to be filed with the Office of the Great Seal; require copies of it to be given to the Senate and House leaders and each house of the Legislature; and require the MOU to be posted online.

Specifically, beginning 90 days after the bill's effective date, the Governor, before signing a memorandum of understanding, would have to ensure that it contained a provision that the MOU was in effect only for the time that the Governor held office as Governor, unless ratified by the successive Governor. If an MOU were ratified by a successive Governor, then that ratification would be effective only for the time that Governor held office as Governor.

A copy of a memorandum of understanding signed by the Governor under the proposed law have to be filed in the Office of the Great Seal and made available to the public. Copies of each MOU also would have to be posted on the Department of State internet website.

The Department would be required to file a copy of each memorandum of understanding under the proposed law with each house of the Legislature and the Senate Majority Leader, the Senate Minority Leader, the Speaker of the House of Representatives, and the Minority Leader of the House.

"Memorandum of understanding" would mean an informal agreement between the State and another party that does not impose contractual duties or obligations on the State.

"Office of the Great Seal" would mean the Office of the Great Seal located within the executive office of the Michigan Department of State.

                                                                             Legislative Analyst:  Nathan Leaman

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  3-9-18                                                     Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.