HB-6013, As Passed House, April 21, 2010
SUBSTITUTE FOR
HOUSE BILL NO. 6013
A bill to amend 1986 PA 268, entitled
"Legislative council act,"
by amending the title and sections 102, 105, 106, 108, 201, 202,
204, 204a, 204b, 204c, 204d, 204e, 204f, 205, and 206 (MCL 4.1102,
4.1105, 4.1106, 4.1108, 4.1201, 4.1202, 4.1204, 4.1204a, 4.1204b,
4.1204c, 4.1204d, 4.1204e, 4.1204f, 4.1205, and 4.1206), the title
as amended by 1988 PA 100, sections 102 and 106 as amended by 1995
PA 189, sections 201 and 202 as amended by 1999 PA 264, section 204
as amended by 1998 PA 431, section 204a as added by 1998 PA 429,
section 204b as added by 1998 PA 404, section 204c as added by 1998
PA 414, section 204d as added by 1998 PA 413, section 204e as added
by 1998 PA 403, and section 204f as added by 1998 PA 411, and by
adding section 111; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to create the legislative council; to prescribe its
membership, powers, and duties; to create a legislative service
bureau to provide staff services to the legislature and the
council; to provide for operation of legislative parking
facilities; to create funds; to provide for the expenditure of
appropriated funds by legislative council agencies; to authorize
the sale of access to certain computerized data bases; to establish
fees; to create the Michigan commission on uniform state laws; to
create a law revision commission; to create a senate fiscal agency
and a house fiscal agency; to create a Michigan capitol committee;
to
create a commission on intergovernmental relations legislative
administrative agency; to prescribe the powers and duties of
certain state agencies and departments; to repeal certain acts and
parts of acts; and to repeal certain parts of this act on specific
dates.
Sec. 102. As used in this act:
(a) "Bureau" means the legislative service bureau.
(b) "Commission" means the Michigan law revision commission.
(c) "Council" means the legislative council.
(d)
"Council administrator" means the chief executive officer
of
all legislative council agencies. "Legislative
administrative
agency" means the legislative administrative agency created in
section 111.
(e) "Legislative council agencies" means the bureau,
commission, and any other legislative council agency designated by
the council.
Sec. 105. The council shall maintain bill drafting, law
compilation, research, and other services for the members of the
legislature in a bureau to be known as the legislative service
bureau
which is hereby created. The bureau shall provide bill
drafting,
research, and other services and shall be organized into
divisions
as authorized by the council. The
council shall appoint a
director of the legislative service bureau who shall serve at the
pleasure of the council. The director of the legislative service
bureau shall devote his or her full time to the duties of the
office, shall be qualified by experience and ability to conduct the
work
of the office, and shall receive such compensation as fixed
established by the council.
Sec.
106. The director of the bureau shall be the chief
administrative
officer of the bureau. With the
approval of the
council, the director of the legislative service bureau shall
employ
such any employees as may be necessary and fix establish
their compensation within the appropriation made by the legislature
for this purpose. Persons employed by the director of the
legislative service bureau shall be nontenured, at-will employees.
The director of the legislative service bureau may discipline,
transfer, demote, suspend, or summarily discharge an employee. The
director of the legislative service bureau shall have charge of the
routine
management of the bureau and may incur such those expenses
as
may be necessary for carrying out
the provisions of this act, to
be paid out of appropriations made by the legislature for the
operation
of the bureau. The council shall be is responsible for
the general program and policies of the bureau and for the
preparation and enforcement of rules and regulations concerning the
services to be rendered by the bureau.
Sec. 108. The bureau shall do all of the following:
(a) At the request of the members of the legislature, draft
bills
and resolutions; or draft
amendments to, or substitutes
for ,
bills and resolutions; draft conference committee reports; and
examine, check, and compare pending bills with other pending bills
and existing laws to avoid so far as possible contrary or
conflicting provisions.
(b) At the request of the members of the legislature, draft
joint rules of the legislature or rules of the house of
representatives or the senate, or amendments to those rules.
(c) Prepare a definite plan for the order, classification,
arrangement,
printing, and binding and
compilation of the general
laws in force.
(d) Prepare catchlines, indexes, and tables for the public and
local acts of each session of the legislature.
(e) Create and maintain a computer database of the Michigan
Compiled Laws.
(f) Provide research services to members of the legislature.
(g) Provide technical and other assistance to legislative
committees as authorized by the council.
(h) Provide staff to assist the joint committee on
administrative rules under the administrative procedures act of
1969, 1969 PA 306, 24.201 to 24.328.
Sec. 111. (1) The legislative administrative agency is
created. The legislative administrative agency shall be headed by a
director jointly appointed by the speaker of the house of
representatives and the majority leader of the senate.
(2) Not later than 60 days after the effective date of the
amendatory act that added this section, the director of the house
business office shall create, develop, and implement a business
plan to consolidate and reorganize all legislative administrative
services into the legislative administrative agency not later than
January 1, 2011. The business plan shall outline and describe the
duties, responsibilities, authority, powers, functions, personnel,
equipment, and budgetary resources involved in the legislative
administrative services as they are consolidated and reorganized
into the legislative administrative agency and specifically
describe how redundancies shall be eliminated and how efficiencies
shall be increased. The business plan shall also include a
timetable for the consolidation and reorganization and an
organizational chart of legislative administrative services as they
are consolidated and reorganized into the legislative
administrative agency. Upon completion of the consolidation and
reorganization, all authority, power, duties, functions,
responsibilities, personnel, equipment, and budgeting resources
regarding legislative administrative services shall be conducted by
the legislative administrative agency.
(3) Upon completion of the consolidation and reorganization of
all legislative administrative services, the director of the
legislative administrative agency shall provide the house
government operations committee and the senate government
operations committee with a report on the total savings achieved,
the reduction in employees, if any, due to the consolidation and
reorganization, and the current status of legislative
administrative services every 3 months for 24 months following
consolidation and reorganization.
(4) The legislative administrative agency shall develop, post,
and maintain on a publicly accessible internet site all
expenditures made by the agency within a fiscal year and the
purpose for which each expenditure was made. The legislative
administrative agency shall not expend more than $10,000.00 to
implement the internet site under this section. The legislative
administrative agency shall not provide financial information on
the internet site under this section if doing so would violate a
federal or state law, rule, regulation, or guideline.
(5) As used in this section, "legislative administrative
services" means business office, finance, human resources,
facilities, information technology, security, printing,
duplicating, or post office services provided by the house of
representatives, senate, or legislative council. Legislative
administrative services do not include the house of representatives
and senate session staff or clerks or the legislative service
bureau's duties as outlined in section 108.
Sec.
201. (1) A reprint authorized prepared
by the bureau
under
section 110 may be sold by the council legislative
administrative agency at a cost not to exceed the cost of
preparing, printing, and distributing the reprint.
(2) The money received from the sale of a reprint shall be
deposited with the state treasurer and credited to the statutes
reprint publishing fund created in subsection (3).
(3) The statutes reprint publishing fund is created in the
state
treasury and shall be administered by the council legislative
administrative
agency. The Money from the fund shall be expended
only as provided in this section.
(4)
The council legislative
administrative agency shall
utilize the statutes reprint publishing fund to pay the costs of
preparing, printing, and distributing reprints.
Sec. 202. (1) The statutes compilation fund is created in the
state
treasury and shall be administered by the council legislative
administrative
agency. The Money from the fund shall be expended
only as provided in this section.
(2) The money received from the sale of each of the following
shall be deposited with the state treasurer and credited to the
statutes compilation fund:
(a) The compilations of the statutes required under 1970 PA
193, MCL 8.41 to 8.48.
(b) The public and local acts volumes required under section
35 of article IV of the state constitution of 1963 and prepared and
published under section 1 of 1899 PA 44, MCL 24.1.
(3)
The council legislative
administrative agency shall
utilize the statutes compilation fund to pay the costs of preparing
and publishing the publications described in subsection (2).
(4)
The department of management and budget shall may, with
the consent of the legislative administrative agency, sell copies
or electronic access of the publications described in subsection
(2)
at a price determined by the bureau legislative administrative
agency not to exceed the actual cost of preparation, printing, and
distribution.
Sec.
204. (1) The council legislative
administrative agency
may
provide access to computerized council legislative databases
and information to individuals and organizations that are not a
part
of the legislative branch of government. The council
legislative administrative agency may establish rules to implement
this
subsection. The council legislative
administrative agency
shall impose conditions and restrictions upon nonlegislative access
and
services as determined necessary by the council legislative
administrative agency.
(2) The legislative computer information fund is created in
the
state treasury and shall be administered by the council
legislative administrative agency. Money from the legislative
computer information fund shall be expended only as provided in
this section.
(3) The money received from the sale of access and related
services pursuant to subsection (1), along with fees charged for
training and the sale of user manuals and other money made
available for these purposes, by appropriation or otherwise, shall
be deposited with the state treasurer and credited to the
legislative computer information fund.
(4)
The council legislative
administrative agency shall
utilize the legislative computer information fund to pay for all of
the
following that are directly related to computerized council
legislative databases and information:
(a) Research and development.
(b) Training.
(c) Additional hardware, software, and facilities.
(d) Acquisition of necessary support services.
(e) Editorial and compilation expenses.
(5)
Notwithstanding subsection (1), beginning July 1, 1999, in
cooperation
with the bureau, the council legislative administrative
agency shall make the Michigan Compiled Laws database search and
retrieval system available to the public on the Internet. This
subsection does not alter or relinquish any copyright or other
proprietary interest or entitlement of this state relating to any
of the information made available under this subsection.
(6)
Beginning July 1, 1999, the council The legislative
administrative agency shall not charge a fee to provide the
Michigan Compiled Laws database search and retrieval system to the
public on the Internet as provided in subsection (5).
Sec.
204a. (1) Notwithstanding section 204, beginning January
1,
2001, the council legislative administrative agency shall make,
for the current legislative session, the legislative calendar,
notices of legislative committee and subcommittee meetings,
including the agendas, and a listing of the committees of each
house and their members available to the public on the Internet.
(2) The information described in subsection (1) that is
maintained
by the council legislative
administrative agency shall
be made available in the shortest feasible time after the
information is available. The information described in subsection
(1)
that is not maintained by the council legislative
administrative agency shall be made available in the shortest
feasible
time after it is made available to the council legislative
administrative agency.
(3) This section does not alter or relinquish any copyright or
other proprietary interest or entitlement of this state relating to
any of the information made available under this section.
(4)
The council legislative
administrative agency shall not
charge a fee for the information provided in this section.
Sec.
204b. (1) Notwithstanding section 204, beginning July 1,
1999,
the council legislative administrative agency shall make the
text of each bill introduced, passed by each house, and enrolled
during the current legislative session available to the public on
the Internet.
(2) The information described in subsection (1) that is
maintained
by the council legislative
administrative agency shall
be made available in the shortest feasible time after the
information is available. The information described in subsection
(1)
that is not maintained by the council legislative
administrative agency shall be made available in the shortest
feasible
time after it is made available to the council legislative
administrative agency.
(3) This section does not alter or relinquish any copyright or
other proprietary interest or entitlement of this state relating to
any of the information made available under this section.
(4)
The council legislative
administrative agency shall not
charge a fee for the information provided in this section.
Sec.
204c. (1) Notwithstanding section 204, beginning July 1,
1999,
the council legislative administrative agency shall make each
bill analysis prepared by the house legislative analysis section or
the senate fiscal agency during the current legislative session
available to the public on the Internet.
(2) The information described in subsection (1) that is
maintained
by the council legislative
administrative agency shall
be made available in the shortest feasible time after the
information is available. The information described in subsection
(1)
that is not maintained by the council legislative
administrative agency shall be made available in the shortest
feasible
time after it is made available to the council legislative
administrative agency.
(3) This section does not alter or relinquish any copyright or
other proprietary interest or entitlement of this state relating to
any of the information made available under this section.
(4)
The council legislative
administrative agency shall not
charge a fee for the information provided in this section.
Sec.
204d. (1) Notwithstanding section 204, beginning July 1,
1999,
the council legislative administrative agency shall make each
fiscal bill analysis prepared by the house fiscal agency or senate
fiscal agency for the current legislative session available to the
public on the Internet.
(2) The information described in subsection (1) that is
maintained
by the council legislative
administrative agency shall
be made available in the shortest feasible time after the
information is available. The information described in subsection
(1)
that is not maintained by the council legislative
administrative agency shall be made available in the shortest
feasible
time after it is made available to the council legislative
administrative agency.
(3) This section does not alter or relinquish any copyright or
other proprietary interest or entitlement of this state relating to
any of the information made available under this section.
(4)
The council legislative
administrative agency shall not
charge a fee for the information provided in this section.
Sec.
204e. (1) Notwithstanding section 204, beginning July 1,
1999,
the council legislative administrative agency shall make the
status of every bill and resolution that is introduced in each
house during the current legislative session available to the
public on the Internet.
(2) The information described in subsection (1) that is
maintained
by the council legislative
administrative agency shall
be made available in the shortest feasible time after the
information is available. The information described in subsection
(1)
that is not maintained by the council legislative
administrative agency shall be made available in the shortest
feasible
time after it is made available to the council legislative
administrative agency.
(3) This section does not alter or relinquish any copyright or
other proprietary interest or entitlement of this state relating to
any of the information made available under this section.
(4)
The council legislative
administrative agency shall not
charge a fee to provide the status of every bill and resolution on
the Internet as provided in subsection (1).
Sec.
204f. (1) Notwithstanding section 204, beginning January
1,
2001, the council legislative administrative agency shall make
the text of the house and senate journals for the current
legislative session available to the public on the Internet.
(2) The information described in subsection (1) that is
maintained
by the council legislative
administrative agency shall
be made available in the shortest feasible time after the
information is available. The information described in subsection
(1)
that is not maintained by the council legislative
administrative agency shall be made available in the shortest
feasible
time after it is made available to the council legislative
administrative agency.
(3) This section does not alter or relinquish any copyright or
other proprietary interest or entitlement of this state relating to
any of the information made available under this section.
(4)
The council legislative
administrative agency shall not
charge a fee for the information provided in this section.
Sec.
205. (1) The council legislative
administrative agency
shall establish, maintain, and operate legislative parking
facilities in the capitol area.
(2)
The council legislative
administrative agency may
establish and collect a fee from state employees, state officials,
and the general public using legislative parking facilities.
(3)
Parking fees collected by the council legislative
administrative agency pursuant to subsection (2) shall be deposited
with
the state treasurer and credited to the legislative council
parking fund created in subsection (4).
(4)
The legislative council parking fund may shall be
created
in
the state treasury by the council legislative administrative
agency pursuant to section 206 and shall be administered by the
council
legislative administrative
agency. The fund shall be
expended only as provided in this section.
(5)
The council legislative
administrative agency shall
utilize
the legislative council parking fund to pay the costs of
operating and maintaining legislative parking facilities in the
capitol area.
(6)
The council legislative
administrative agency shall
establish rules to implement this section. The rules may provide
for the assessment of penalties and fines, for the removal of
vehicles, and for a grievance process.
Sec. 206. The legislative administrative agency or the council
may, by resolution and for purposes related to the implementation
of this act, create funds in the state treasury to be administered
by the legislative administrative agency or the council.
Enacting section 1. Sections 104a, 107, and 204g of the
legislative council act, 1986 PA 268, MCL 4.1104a, 4.1107, and
4.1204g, are repealed.