Bill Text: MI HB5467 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: State financing and management; other; legislative tax expenditure review commission; create. Amends 1986 PA 268 (MCL 4.1101 - 4.1901) by adding ch. 7C.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2012-03-15 - Printed Bill Filed 03/14/2012 [HB5467 Detail]

Download: Michigan-2011-HB5467-Introduced.html

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HOUSE BILL No. 5467

 

March 13, 2012, Introduced by Reps. Dillon, Byrum, Lindberg, McCann, Ananich, Tlaib, Stallworth, Townsend, Rutledge, Stapleton, Nathan, Smiley, Talabi, Durhal, Slavens, Constan, Womack, Hobbs, Kandrevas, Switalski, Stanley and Oakes 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 tax expenditure review

 

commission established in this chapter.

 

     (b) "Tax expenditure" means the tax credits, deductions, and

 

exemptions enumerated in 1979 PA 72, MCL 21.271 to 21.296, and any

 

other tax credit, deduction, or exemption as determined by the

 

commission.

 

     Sec. 792. (1) The legislative tax expenditure review

 

commission is created within the legislative council.

 

     (2) The commission shall consist of the following 5 members:

 

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

 

representatives who is an economist associated with the university

 

of Michigan.

 

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

 

of representatives who is an economist associated with Michigan

 

state university.

 

     (c) One member appointed by the majority leader of the senate

 

who is an economist associated with Michigan technological

 

university.

 

     (d) One member appointed by the minority leader of the senate

 

who is an economist associated with Wayne state university.

 

     (e) One member jointly selected by the speaker of the house of

 

representatives and the majority leader of the senate who is

 

associated with the Upjohn institute or a successor entity.

 

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

 

replaced in the same manner as the original appointment.

 

     (6) 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.

 

     (7) 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.

 

     (8) 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.

 

     (9) 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.

 

     (10) 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.

 

     (11) Not later than December 31, 2012, the commission shall do

 

all of the following:

 

     (a) Review, investigate, and collect information regarding tax

 

expenditures.

 

     (b) Evaluate each tax expenditure and determine whether each

 

tax expenditure is generating a good return on investment as

 

determined by the commission.

 

     (c) Determine which tax expenditures should be continued,

 

modified, or repealed.

 

     (12) Not later than October 1, 2013, the commission shall make

 

specific determinations of the items described in subsection (11)

 

and report those determinations to each house of the legislature

 

and the governor.