SENATE BILL NO. 461

August 28, 2019, Introduced by Senator GEISS and referred to the Committee on Government Operations.

A bill to amend 1984 PA 431, entitled

"The management and budget act,"

by amending section 367 (MCL 18.1367), as amended by 2018 PA 389, and by adding section 365.

the people of the state of michigan enact:

Sec. 365. (1) Beginning October 1, 2019, the Michigan children's cabinet is created within the department.

(2) The Michigan children's cabinet shall consist of the following members:

(a) The director of the department of talent and economic development.

(b) The director of the department of health and human services.

(c) The director of the department of agriculture and rural development.

(d) The director of the department of technology, management, and budget.

(e) The superintendent of public instruction.

(f) The director of the department of corrections.

(g) The state court administrator.

(h) The children's ombudsman.

(3) The governor may remove a member of the Michigan children's cabinet for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.

(4) The first meeting of the Michigan children's cabinet shall be called by the governor. At the first meeting, the Michigan children's cabinet shall elect from among its members a chairperson and other officers as it considers necessary or appropriate. After the first meeting, the Michigan children's cabinet shall meet at least every 2 months, or more frequently at the call of the chairperson or if requested by 3 or more members.

(5) A majority of the members of the Michigan children's cabinet constitutes a quorum for the transaction of business at a meeting of the Michigan children's cabinet. A majority of the members present is required for official action of the Michigan children's cabinet.

(6) The business that the Michigan children's cabinet may perform shall be conducted at a public meeting of the Michigan children's cabinet held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(7) A writing prepared, owned, used, in the possession of, or retained by the Michigan children's cabinet in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(8) Members of the Michigan children's cabinet shall serve without compensation. However, members of the Michigan children's cabinet may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the Michigan children's cabinet.

(9) The Michigan children's cabinet shall do all of the following:

(a) Hold hearings and solicit and review information and recommendations from affected state agencies and programs and other sources to establish agreement among and support by the affected state agencies and programs with respect to services and programs for children and their families.

(b) Identify and pool funds from as many sources as possible for services and programs for children and their families.

(c) Develop cost effective purchasing systems for purchase of services.

(d) Develop funding mechanisms to effect greater coordination of services.

(e) Assist and advise the governor in developing a children's budget for all services and programs for children under the age of 19 and their families.

(f) Hold hearings and solicit and review information and recommendations from interested parties and organizations with respect to services and programs for children and their families.

(g) Develop a website to disseminate and receive information about the Michigan children's cabinet.

(10) Beginning January 1, 2020 and each January 1 following 2020, the Michigan children's cabinet shall submit an annual report to the legislature entitled "Improving the Lives of Michigan Children". This annual report shall contain at least all of the following:

(a) A listing of all current interagency partnerships.

(b) A listing of all changes in interagency relationships in the immediately preceding 12-month period in areas specific to children's services.

(c) A listing of specific goals of the Michigan children's cabinet for improving the lives of Michigan's children in the context of their individual departments for the ensuing fiscal year and for the immediately subsequent 5-fiscal-year period.

(d) An action plan of how the goals described in subdivision (c) will be met.

(e) A detailed description of each interdepartmental transfer regarding an item described in the children's budget.

(f) Beginning with the January 1, 2021 annual report and for each annual report after January 1, 2021, a detailed account of what the Michigan children's cabinet and each state agency represented in the Michigan children's cabinet did to meet the goals described in subdivision (c) and the current status of those goals.

Sec. 367. (1) Concurrent with transmitting the state budget to the legislature, the governor shall submit to the legislature and the fiscal agencies for the upcoming fiscal year and the following fiscal year executive budget bills containing itemized statements of estimated state spending to be paid to local units of government; annual required employer contributions toward total unfunded retiree health care and pension legacy costs as determined by the state's consulting actuary for each department and the legislative branch and the judicial branch; individual line item amounts, including the number of FTE positions to be funded by each individual line item amount, for the proposed expenditures; and any necessary bills for additional revenue to provide financing for the proposed expenditures.

(2) One executive budget bill and 1 enacted budget bill shall contain all of the following:

(a) The estimated revenue for each state operating fund in sufficient detail to provide for comparison with actual revenue.

(b) Summary totals for each state operating fund to reflect that recommended expenditures for each fund are within proposed and estimated resources.

(c) A statement of estimated state spending to be paid to units of local government, total state spending from state sources of financing, and the state-local proportion derived from that data.

(3) One executive budget bill and 1 enacted budget bill shall be the children's budget and contain individual line item amounts, including the number of FTE positions to be funded by each individual line item amount, and appropriate boilerplate language for all state appropriations regarding services and programs for children under the age of 19 and their families.

(4) Beginning October 1, 2020 and every October 1 after 2020, the department shall present a preliminary children's budget proposal to the legislature that delineates all funds that are being spent on children in this state. The proposed children's budget shall include the appropriate portions of the following proposed budgets:

(a) Department of health and human services.

(b) Department of education.

(c) Department of talent and economic development.

(d) Department of corrections.

(e) Higher education.

(f) Community colleges.