SENATE BILL No. 1016

March 13, 2012, Introduced by Senators HOOD, WHITMER, HOPGOOD, WARREN, GREGORY, YOUNG, BIEDA, JOHNSON, HUNTER, SMITH, GLEASON and ANDERSON and referred to the Committee on Appropriations.

A bill to amend 1986 PA 268, entitled

"Legislative council act,"

by amending sections 501 and 601 (MCL 4.1501 and 4.1601), section

601 as amended by 1999 PA 95.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 501. (1) There is created a nonpartisan agency to be

known as the senate fiscal agency to be of service to the

appropriations committee of the senate and other members of the

senate. The senate fiscal agency shall be governed by a board of 5

members, including the majority and minority leaders of the senate,

the chairperson of the appropriations committee of the senate and 2

other members of the appropriations committee of the senate to be

appointed by the chairperson of the appropriations committee with

the concurrence of the majority leader of the senate, 1 from the

minority party.

(2) Except as otherwise provided by subsection (3), a writing

prepared, owned, used, in the possession of, or retained by the

senate fiscal agency in the performance of an official function

shall be made available to the public in compliance with the

freedom of information act, ~~Act No. 442 of the Public Acts of 1976,~~

~~being sections 15.231 to 15.246 of the Michigan Compiled Laws.~~1976

PA 442, MCL 15.231 to 15.246.

(3) An employee of the agency shall not reveal to any person

who is not an employee of the senate fiscal agency the contents or

nature of any bill, substitute, amendment, resolution, special

report, or proposal not yet published unless the employee has the

consent of the member who is sponsoring or requesting the bill,

substitute, amendment, resolution, special report, or proposal. A

bill shall not be considered published until it is introduced. A

substitute, an amendment, or a conference report shall be

considered published when received by the secretary of the senate,

clerk of the house of representatives, or both, as is appropriate.

As used in this subsection:

(a) "Special report" means a report that is requested by a

member of the senate to be prepared by the senate fiscal agency. A

special report shall not be considered published until it is

authorized for release by the member of the senate requesting the

report.

(b) "Proposal" means a plan or an activity which is under

consideration by a member of the senate. A proposal shall not be

considered published until it is authorized for release by the

member of the senate requesting the preparation of the proposal.

(4) Persons employed by the senate fiscal agency shall be

nontenured, at-will employees. The governing board of the senate

fiscal agency may discipline, transfer, demote, suspend, or

summarily discharge an employee.

(5) The senate fiscal agency shall develop and implement a

letter rating system to evaluate each bill that amends or creates a

new tax expenditure. Beginning October 1, 2012, each bill analysis

prepared by the senate fiscal agency for a bill that amends or

creates a new tax expenditure shall contain a letter rating from

"A" to "F", where "A" is the highest rating and "F" is the lowest

or failing rating. The senate fiscal agency shall make the letter

rating on the basis of the rate of return per job created or

proposed to be created. As used in this subsection, "tax

expenditure" means that term as defined in section 791.

Sec. 601. (1) There is created a nonpartisan agency to be

known as the house fiscal agency to be of service to the

appropriations committee of the house of representatives and other

members of the house of representatives.

(2) The house fiscal agency shall be governed by a governing

committee. The members of the governing committee are as follows:

(a) If the house of representatives is controlled by co-

speakers pursuant to a joint leadership agreement between

republican and democratic members of the house of representatives,

the following 8 members of the house of representatives:

(i) The co-speakers.

(ii) The co-chairpersons of the appropriations committee.

(iii) The co-vice-chairpersons of the appropriations committee.

(iv) The co-floor leaders.

(b) If the house of representatives is controlled by a single

speaker, the following 6 members of the house of representatives:

(i) The speaker of the house.

(ii) The minority leader.

(iii) The chairperson of the appropriations committee.

(iv) The minority vice-chairperson of the appropriations

committee.

(v) The majority floor leader.

(vi) The minority floor leader.

(3) If the house of representatives is controlled by co-

speakers pursuant to a joint leadership agreement between

republican and democratic members of the house of representatives,

the co-chairpersons of the house appropriations committee are the

co-chairpersons of the governing committee of the house fiscal

agency. The co-chairpersons of the governing committee of the house

fiscal agency shall alternate as chairperson of the governing

committee. The democratic co-chairperson of the house

appropriations committee shall preside as chairperson in months

during which the presiding officers of the house of representatives

are republican and the republican co-chairperson of the house

appropriations committee shall preside as chairperson in months

during which the presiding officers of the house of representatives

are democratic. If the house of representatives is controlled by a

single speaker, the chairperson of the house appropriations

committee is the chairperson of the governing committee of the

house fiscal agency.

(4) The governing committee of the house fiscal agency shall

meet quarterly. In addition to the quarterly meetings, the

governing committee shall meet within 7 days upon request of 2 or

more members of the governing committee made to the co-speakers or

speaker of the house.

(5) Except as otherwise provided in subsection (6), a writing

prepared, owned, used, in the possession of, or retained by the

house fiscal agency in the performance of an official function

shall be made available to the public in compliance with the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(6) An employee of the house fiscal agency shall not reveal to

any person who is not an employee of the house fiscal agency the

contents or nature of any bill, substitute, amendment, resolution,

special report, or proposal not yet published unless the employee

has the consent of the member who is sponsoring or requesting the

bill, substitute, amendment, resolution, special report, or

proposal. A bill shall not be considered published until it is

introduced. A substitute, an amendment, or a conference report

shall be considered published when received by the secretary of the

senate or the clerk of the house of representatives, or both, as is

appropriate. As used in this subsection:

(a) "Special report" means a report that is requested by a

member of the house of representatives to be prepared by the house

fiscal agency. A special report shall not be considered published

until it is authorized for release by the member of the house of

representatives requesting the report.

(b) "Proposal" means a plan or an activity that is under

consideration by a member of the house of representatives. A

proposal shall not be considered published until it is authorized

for release by the member of the house of representatives

requesting the preparation of the proposal.

(7) The director of the house fiscal agency shall provide

quarterly financial statements of the financial affairs of the

house fiscal agency. The quarterly financial statements shall be

submitted to the members of the governing committee and the house

of representatives not later than 30 days after each calendar

quarter.

(8) Persons employed by the house fiscal agency shall be

nontenured, at-will employees. The governing committee of the house