| 1 | 1 | | HOUSE BILL NO. 5296 A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding sections 364 and 364a. the people of the state of michigan enact: Sec. 364. (1) A Michigan Compiled Law may not be amended by an appropriation bill. (2) The house of representatives shall not consider a general appropriation bill on second reading and the senate shall not consider a general appropriation bill on general orders, unless, not less than 168 hours before consideration on second reading or general orders during a regular session and not less than 72 hours before consideration on second reading or general orders during a special session, all of the following occur: (a) A printed copy of the general appropriation bill is placed in the mailbox of each member of that house. (b) An electronic copy of the general appropriation bill is made available to each member of that house in an electronic searchable format. (c) Notice of the availability of the electronic copy described in subdivision (b) is provided to the designated email address of each member of that house. A legislator shall designate an email address for purposes of this subdivision by notifying the clerk of the house of representatives or the secretary of the senate, as applicable. If a legislator does not designate an email address, the legislator's publicly available house of representatives or senate email address may be used. (d) At the same time the electronic copy described in subdivision (b) is made available to each member of that house, the electronic copy is posted on the publicly available website of that house's fiscal agency. (3) If a house of the legislature is convened in regular session, an amendment to a general appropriation bill may not be offered on second or third reading in the house of representatives or general orders or third reading in the senate unless the amendment has been provided to the clerk of the house of representatives or the secretary of the senate, as applicable, not less than 72 hours before consideration of the general appropriation bill on second reading, general orders, or third reading. (4) As used in this section, "legislator" or "member" means a person duly elected and serving in the Michigan house of representatives or the Michigan senate. Sec. 364a. (1) A conference committee shall limit its discussions and actions solely to matters of disagreement between the 2 houses of the legislature. A conference committee may not do any of the following: (a) Change, alter, or amend text that is not in disagreement. (b) Omit text that is not in disagreement. (c) Add text on a matter that is not in disagreement. (d) Add text on a matter that is not included in either the house of representatives version or the senate version of the bill or resolution. (2) In addition to the restrictions under subsection (1), all of the following restrictions apply to a conference committee on an appropriation bill: (a) If an item of appropriation appears in both the house of representatives version and the senate version of the appropriation bill in identical amounts, a change may not be made to the item or amount. (b) If an item of appropriation appears in both the house of representatives version and the senate version of the appropriation bill in different amounts, a change may not be made to the item, but the amount may be changed at the discretion of the conference committee subject to both of the following requirements: (i) The amount may not exceed the higher amount between the 2 versions. (ii) The amount may not be less than the lower amount between the 2 versions. (c) If an item appears in the appropriation bill of one house, but not the other, the item may be included or omitted at the discretion of the conference committee. However, if the item is included, the amount of the item may not exceed the amount appropriated for that item in the appropriation bill in which the item appears. (d) Except as otherwise provided in this subsection, if an item of appropriation is not included in either the house of representatives version or the senate version of the appropriation bill, the item may not be included in the conference committee report. However, the conference report may include appropriations for purposes or programs authorized by bills that have been passed and sent to the governor and may include contingent appropriations for purposes or programs authorized by bills that have been passed by at least 1 house. (3) A house of the legislature may, by resolution passed by a majority vote of that house pursuant to a record roll call vote, suspend the limitations imposed on conference committees by subsections (1) and (2) to allow consideration of and action on a specific matter or matters that otherwise would be prohibited. A resolution under this subsection is privileged in nature and does not have to be referred to a committee. A resolution under this subsection may be announced from the house floor and considered as follows: (a) Except as otherwise provided in subdivision (b), 3 hours after a copy of the resolution has been distributed to each member. (b) For a resolution suspending limitations on a conference committee considering a general appropriation bill, 48 hours in a regular session and 24 hours in a special session after a copy of the resolution has been distributed to each member. (4) A conference committee report on a general appropriations bill must be printed and a copy furnished to each member at least 48 hours before action may be taken on the report by a house of the legislature during a regular session or at least 28 hours before action may be taken by a house of the legislature during a special session. All other conference reports must be printed and a copy furnished to each member at least 24 hours before action may be taken on the report by a house of the legislature during a regular or special session. (5) Three original copies of a conference report must be submitted to the clerk of the house of representatives or the secretary of the senate, as applicable, for printing. Each original conference report must contain all of the following: (a) The signatures of the house of representatives and senate conferees who voted to adopt the conference report. (b) The text of the bill or resolution as adopted by the conference committee. (c) An analysis of the conference report as required by subsection (7). (6) Before a house of the legislature may take action on a conference report on a bill or resolution, other than a general appropriations bill, a fiscal note outlining the fiscal implications and probable cost of the conference report must be submitted to the clerk of the house of representatives or the secretary of the senate, as applicable, and a copy of the fiscal note must be distributed with the conference report on its printing. (7) All conference reports must include an analysis showing the differences between the house of representatives and senate versions of the bill or resolution. The analysis of an appropriation bill must show in dollar amounts the differences between the conference report and the house of representatives and senate versions of the appropriation bill. A house of the legislature may not consider a conference report until the analysis under this subsection has been prepared and distributed to each member. (8) The analysis under subsection (7) must, to the extent practical, indicate any instance where the conference committee in its conference report appears to have exceeded the limitations imposed on its jurisdiction by subsections (1) to (3). An analysis and the conference report in which the analysis is included are not subject to a point of order due to a failure to comply with this subsection or due to a mistake made in complying with this subsection. (9) This section must be strictly construed by the presiding officer in each house to achieve the purposes of this section. (10) As used in this section: (a) "Member" means that term as defined in section 364. (b) "Record roll call vote" means a vote in which each member's "aye" or "nay", or "yes" or "no", is recorded. |
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| 23 | 23 | | HOUSE BILL NO. 5296 |
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| 26 | 26 | | |
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| 27 | 27 | | A bill to amend 1984 PA 431, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "The management and budget act," |
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| 30 | 30 | | |
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| 31 | 31 | | (MCL 18.1101 to 18.1594) by adding sections 364 and 364a. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 34 | 34 | | |
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| 35 | 35 | | Sec. 364. (1) A Michigan Compiled Law may not be amended by an appropriation bill. |
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| 36 | 36 | | |
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| 37 | 37 | | (2) The house of representatives shall not consider a general appropriation bill on second reading and the senate shall not consider a general appropriation bill on general orders, unless, not less than 168 hours before consideration on second reading or general orders during a regular session and not less than 72 hours before consideration on second reading or general orders during a special session, all of the following occur: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) A printed copy of the general appropriation bill is placed in the mailbox of each member of that house. |
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| 40 | 40 | | |
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| 41 | 41 | | (b) An electronic copy of the general appropriation bill is made available to each member of that house in an electronic searchable format. |
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| 42 | 42 | | |
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| 43 | 43 | | (c) Notice of the availability of the electronic copy described in subdivision (b) is provided to the designated email address of each member of that house. A legislator shall designate an email address for purposes of this subdivision by notifying the clerk of the house of representatives or the secretary of the senate, as applicable. If a legislator does not designate an email address, the legislator's publicly available house of representatives or senate email address may be used. |
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| 44 | 44 | | |
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| 45 | 45 | | (d) At the same time the electronic copy described in subdivision (b) is made available to each member of that house, the electronic copy is posted on the publicly available website of that house's fiscal agency. |
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| 46 | 46 | | |
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| 47 | 47 | | (3) If a house of the legislature is convened in regular session, an amendment to a general appropriation bill may not be offered on second or third reading in the house of representatives or general orders or third reading in the senate unless the amendment has been provided to the clerk of the house of representatives or the secretary of the senate, as applicable, not less than 72 hours before consideration of the general appropriation bill on second reading, general orders, or third reading. |
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| 48 | 48 | | |
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| 49 | 49 | | (4) As used in this section, "legislator" or "member" means a person duly elected and serving in the Michigan house of representatives or the Michigan senate. |
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| 50 | 50 | | |
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| 51 | 51 | | Sec. 364a. (1) A conference committee shall limit its discussions and actions solely to matters of disagreement between the 2 houses of the legislature. A conference committee may not do any of the following: |
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| 52 | 52 | | |
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| 53 | 53 | | (a) Change, alter, or amend text that is not in disagreement. |
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| 54 | 54 | | |
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| 55 | 55 | | (b) Omit text that is not in disagreement. |
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| 56 | 56 | | |
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| 57 | 57 | | (c) Add text on a matter that is not in disagreement. |
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| 58 | 58 | | |
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| 59 | 59 | | (d) Add text on a matter that is not included in either the house of representatives version or the senate version of the bill or resolution. |
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| 60 | 60 | | |
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| 61 | 61 | | (2) In addition to the restrictions under subsection (1), all of the following restrictions apply to a conference committee on an appropriation bill: |
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| 62 | 62 | | |
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| 63 | 63 | | (a) If an item of appropriation appears in both the house of representatives version and the senate version of the appropriation bill in identical amounts, a change may not be made to the item or amount. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) If an item of appropriation appears in both the house of representatives version and the senate version of the appropriation bill in different amounts, a change may not be made to the item, but the amount may be changed at the discretion of the conference committee subject to both of the following requirements: |
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| 66 | 66 | | |
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| 67 | 67 | | (i) The amount may not exceed the higher amount between the 2 versions. |
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| 68 | 68 | | |
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| 69 | 69 | | (ii) The amount may not be less than the lower amount between the 2 versions. |
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| 70 | 70 | | |
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| 71 | 71 | | (c) If an item appears in the appropriation bill of one house, but not the other, the item may be included or omitted at the discretion of the conference committee. However, if the item is included, the amount of the item may not exceed the amount appropriated for that item in the appropriation bill in which the item appears. |
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| 72 | 72 | | |
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| 73 | 73 | | (d) Except as otherwise provided in this subsection, if an item of appropriation is not included in either the house of representatives version or the senate version of the appropriation bill, the item may not be included in the conference committee report. However, the conference report may include appropriations for purposes or programs authorized by bills that have been passed and sent to the governor and may include contingent appropriations for purposes or programs authorized by bills that have been passed by at least 1 house. |
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| 74 | 74 | | |
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| 75 | 75 | | (3) A house of the legislature may, by resolution passed by a majority vote of that house pursuant to a record roll call vote, suspend the limitations imposed on conference committees by subsections (1) and (2) to allow consideration of and action on a specific matter or matters that otherwise would be prohibited. A resolution under this subsection is privileged in nature and does not have to be referred to a committee. A resolution under this subsection may be announced from the house floor and considered as follows: |
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| 77 | 77 | | (a) Except as otherwise provided in subdivision (b), 3 hours after a copy of the resolution has been distributed to each member. |
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| 79 | 79 | | (b) For a resolution suspending limitations on a conference committee considering a general appropriation bill, 48 hours in a regular session and 24 hours in a special session after a copy of the resolution has been distributed to each member. |
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| 80 | 80 | | |
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| 81 | 81 | | (4) A conference committee report on a general appropriations bill must be printed and a copy furnished to each member at least 48 hours before action may be taken on the report by a house of the legislature during a regular session or at least 28 hours before action may be taken by a house of the legislature during a special session. All other conference reports must be printed and a copy furnished to each member at least 24 hours before action may be taken on the report by a house of the legislature during a regular or special session. |
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| 82 | 82 | | |
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| 83 | 83 | | (5) Three original copies of a conference report must be submitted to the clerk of the house of representatives or the secretary of the senate, as applicable, for printing. Each original conference report must contain all of the following: |
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| 84 | 84 | | |
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| 85 | 85 | | (a) The signatures of the house of representatives and senate conferees who voted to adopt the conference report. |
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| 86 | 86 | | |
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| 87 | 87 | | (b) The text of the bill or resolution as adopted by the conference committee. |
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| 88 | 88 | | |
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| 89 | 89 | | (c) An analysis of the conference report as required by subsection (7). |
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| 90 | 90 | | |
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| 91 | 91 | | (6) Before a house of the legislature may take action on a conference report on a bill or resolution, other than a general appropriations bill, a fiscal note outlining the fiscal implications and probable cost of the conference report must be submitted to the clerk of the house of representatives or the secretary of the senate, as applicable, and a copy of the fiscal note must be distributed with the conference report on its printing. |
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| 92 | 92 | | |
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| 93 | 93 | | (7) All conference reports must include an analysis showing the differences between the house of representatives and senate versions of the bill or resolution. The analysis of an appropriation bill must show in dollar amounts the differences between the conference report and the house of representatives and senate versions of the appropriation bill. A house of the legislature may not consider a conference report until the analysis under this subsection has been prepared and distributed to each member. |
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| 94 | 94 | | |
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| 95 | 95 | | (8) The analysis under subsection (7) must, to the extent practical, indicate any instance where the conference committee in its conference report appears to have exceeded the limitations imposed on its jurisdiction by subsections (1) to (3). An analysis and the conference report in which the analysis is included are not subject to a point of order due to a failure to comply with this subsection or due to a mistake made in complying with this subsection. |
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| 96 | 96 | | |
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| 97 | 97 | | (9) This section must be strictly construed by the presiding officer in each house to achieve the purposes of this section. |
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| 98 | 98 | | |
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| 99 | 99 | | (10) As used in this section: |
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| 100 | 100 | | |
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| 101 | 101 | | (a) "Member" means that term as defined in section 364. |
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| 102 | 102 | | |
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| 103 | 103 | | (b) "Record roll call vote" means a vote in which each member's "aye" or "nay", or "yes" or "no", is recorded. |
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