MISC. PANEL, COMMITTEE, & BOARD REPEAL S.B. 471-478, 480 & 481:
FIRST ANALYSIS
Senate Bill 471 (as passed by the Senate) (as enrolled)
Senate Bill 472 (as reported without amendment) (as enrolled)
Senate Bills 473 and 474 (as passed by the Senate) (as enrolled)
Senate Bills 475 and 476 (as reported without amendment) (as enrolled)
Senate Bills 477 and 478 (as passed by the Senate) (as enrolled)
Senate Bills 480 and 481 (as passed by the Senate) (as enrolled)
Sponsor: Senator Laura M. Toy (S.B. 471)
Senator Wayne Kuipers (S.B. 472)
Senator Mike Goschka (S.B. 473)
Senator Valde Garcia (S.B. 474)
Senator Bill Hardiman (S.B. 475)
Senator Alan Sanborn (S.B. 476)
Senator Jason E. Allen (S.B. 477)
Senator Ron Jelinek (S.B. 478)
Senator Patricia L. Birkholz (S.B. 480)
Senator Alan L. Cropsey (S.B. 481)
Committee: Local, Urban and State Affairs
Date Completed: 7-19-05
RATIONALE
Some statutes include provisions creating a committee or board to perform such tasks as overseeing the law's implementation or evaluating whether certain goals were achieved. At times, these statutes also include a date by which the committee or board is to wrap up its activities or present its findings. Once that date has passed or the committee or board has performed its function, it usually disbands or stops meeting. While those bodies are essentially defunct, references to them remain in the laws that created them. Some people believe that statutory amendments should remove references to various bodies that have served their purpose.
CONTENT
The bills would amend various statutes to eliminate certain commissions, committees, boards, and panels that were established to assist, evaluate, or oversee the implementation and/or operation of the following:
-- The State courts' computerized information management system.
-- The Federal Chrysler Corporation Loan Guarantee Act.
-- The Enhanced Access to Public Records Act.
-- The State Research Fund.
-- The Michigan Strategic Fund.
-- The Highway Safety Fund.
-- Competition in the health care coverage market.
-- The Michigan Cyber Court.
Senate Bill 471
The bill would repeal Section 1487 of the Revised Judicature Act to eliminate the State Court Information Management Commission, which was created as a temporary commission with a life of not more than two years by Public Act 428 of 1996.
Under the Act, the Commission had to make a detailed recommendation to the Supreme Court, the Legislature, and the Governor as to the design, implementation, and operation of a computerized information management system.
Senate Bill 472
The bill would amend the Michigan Superconducting Super Collider Act to require that all powers and duties granted to the Michigan superconducting super collider commission under the Act be performed by the Department of Labor and Economic Growth. Currently, the Act states that, effective July 1, 1991, the powers and duties of the commission must be transferred to and performed by the Department of Commerce and that the commission must be dissolved.
Senate Bill 473
The bill would repeal Section 5 of the Enhanced Access to Public Records Act. Section 5 provides that three years after the effective date of the Act (December 26, 1996), a bipartisan joint committee of the Legislature must review the operations of the Act and recommend appropriate changes.
Senate Bill 474
The bill would repeal Section 2 of Public Act 105 of 1855, which allows the State Treasurer to use surplus State funds to make loans to a corporation eligible to be issued a loan guarantee under the Federal Chrysler Corporation Loan Guarantee Act of 1979. Section 2 also provides for an advisory board consisting of members of the House of Representatives and the Senate.
Senate Bill 475
The bill would amend Public Act 175 of 1982, which created the State Research Fund, to delete provisions pertaining to the formation and function of a feasibility review panel.
The Act provides that within 60 days after receiving a proposal for a grant from the Fund, a feasibility review panel must review the feasibility of the proposal and advise the Department of Labor and Economic Growth (DLEG) as to whether the proposal complies with the funding criteria, and recommend the amount and priority of the grant to the DLEG Director.
Under the bill, the Director of DLEG would have to determine the amount and priority of the grant.
Senate Bill 476
The bill would amend the Michigan Strategic Fund Act to delete a requirement that the Fund appoint an advisory committee containing individuals with the necessary academic or professional credentials or capacity to assist in determining the selection of present and emerging technology and for the purpose of evaluating applicants for financial aid.
Senate Bill 477
The bill would amend the Michigan Campaign Finance Act to delete provisions that created the Electronic Filing Advisory Board and required it to do the following:
-- Monitor the voluntary electronic filing of campaign statements in the 2000 and 2002 election cycle by candidate committees that received or spent more than $20,000 in the preceding election cycle.
-- Monitor the internet disclosure of the electronically filed campaign statements.
-- By February 1, 2003, prepare and submit to members of the Legislature a report on the effectiveness and ease of use of the electronic filing and internet disclosure system.
Under the Act, the Board was dissolved 60 days after issuing the report.
Senate Bill 478
The bill would amend the Michigan Vehicle Code to abolish the Highway Safety Task Force and repeal Section 629d, which required the Legislature to establish a Highway Safety Task Force to study the effects of amendments made to the Code by Public Act 154 of 1987. The repeal would be effective 90 days after the bill was enacted. (Public Act 154 of 1987 increased the speed limit on rural interstate highways; established a new system of points and fines for speed violations on limited access highways; established a $5 assessment on each civil fine for a moving violation; and required the assessment to be deposited in the Highway Safety Fund, which the Act created.)
Senate Bill 480
The bill would amend the Prudent Purchaser Act to delete Section 10, which established a joint legislative committee to investigate the degree of competition in the health care coverage market and the cost and availability of health care coverage in the State. Before January 1, 1986, the joint committee was required to submit a report to the Legislature and the Governor.
Senate Bill 481
The bill would amend the Revised Judicature Act to delete Section 8029, which created a legislative oversight committee on the cyber court, and required the committee, for the period between January 1, 2002, and December 31, 2004, to do the following:
-- Monitor the development of the cyber court.
-- Consider and respond to court rules proposed or adopted by the Supreme Court in implementing the cyber court.
-- In cooperation with the State Court Administrative Office, determine if further legislation was needed to facilitate the implementation of the cyber court or expand its jurisdiction.
MCL 600.1487[1] (S.B. 471)
MCL 3.821 (S.B. 472)
MCL 15.445 (S.B. 473)
MCL 21.142 (S.B. 474)
MCL 125.1952 (S.B. 475)
MCL 125.2077 (S.B. 476)
MCL 169.218 (S.B. 477)
MCL 257.629d (S.B. 478)
MCL 550.60 (S.B. 480)
MCL 600.8029 (S.B. 481)
ARGUMENTS
(Please note: The arguments contained in this analysis originate from sources outside the Senate Fiscal Agency. The Senate Fiscal Agency neither supports nor opposes legislation.)
Supporting Argument
When a statutorily created committee, board, or other body has completed the task for which it was created and disbands or stops meeting, the Act that created the body continues to refer to it unless amended. As a result, a number of statutes contain references to defunct or inactive commissions and other legislatively created bodies. The bills would help clean up the compiled laws by deleting references to various obsolete entities.
Legislative Analyst: J.P. Finet
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Fiscal Analyst: Bill Bowerman
Maria TyszkiewiczAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb471et al./0506