SENATE BILL No. 8

 

 

January 19, 2011, Introduced by Senator JANSEN and referred to the Committee on Reforms, Restructuring and Reinventing.

 

 

 

     A bill to provide for certain municipal joint endeavors; to

 

provide standards for those municipal joint endeavors; to provide

 

powers and duties of a municipal joint endeavor; to authorize the

 

levy of a property tax by a municipal joint endeavor; and to

 

provide for the powers and duties of certain government officials.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"municipal partnership act".

 

     Sec. 2. As used in this act:

 

     (a) "Authority" means an authority formed by contract pursuant

 

to this act.

 

     (b) "Governing body" means the board, council, commission, or

 

body in which the policy-making powers of the local government are

 

vested.

 

     (c) "Local government" means any of the following:


 

     (i) A qualified county.

 

     (ii) A city, village, or township located in a qualified

 

county.

 

     (d) "Public agency" means this state, any department or agency

 

of this state, a single- or multi-purpose public body corporate

 

formed pursuant to a law other than this act, or an Indian tribe

 

recognized by the federal government before the year 2000 that

 

exercises governmental authority over land within this state.

 

     (e) "Qualified county" means a county with a population of

 

570,000 or more and less than 650,000.

 

     Sec. 3. (1) Subject to subsection (3), 2 or more local

 

governments or 1 or more local governments and a public agency are

 

authorized to enter into a contract with each other to form a joint

 

endeavor to perform or exercise any function, service, power, or

 

privilege that the local government or public agency could each

 

exercise separately.

 

     (2) A contract entered into pursuant to subsection (1) shall

 

be approved by resolution of the governing body of each

 

participating local government.

 

     (3) A local government or public agency shall not enter into a

 

contract to form a joint endeavor under this act after December 31,

 

2014.

 

     Sec. 4. A contract to form a joint endeavor pursuant to this

 

act may provide for 1 or more of the following:

 

     (a) The purpose of the joint endeavor with reference to the

 

functions, services, powers, or privileges to be performed or

 

exercised and the methods by which the purpose will be accomplished


 

or the manner in which the joint endeavor will be exercised or

 

performed.

 

     (b) The duration of the contract and the method by which it

 

may be terminated by any participating local government or public

 

agency before the stated date of termination.

 

     (c) An authority, including the precise organization,

 

composition, and nature of that authority and its board with the

 

functions, duties, obligations, powers, and privileges given to

 

that authority and board.

 

     (d) If an authority is not created by the contract, the

 

precise organization, composition, and nature of any separate legal

 

or administrative entity created by the joint endeavor in the

 

contract with the powers designated to that entity.

 

     (e) The designation and selection of officers of an authority

 

board or any legal or administrative entity created by the joint

 

endeavor in the contract.

 

     (f) The method of financing to be used and the amount to be

 

paid by each participating local government or public agency in

 

relation to the purpose of the joint endeavor involved.

 

     (g) The method for submitting the question of a tax levy to

 

the electors served by the joint endeavor.

 

     (h) The acquisition of personal or real property by purchase,

 

lease, or other method and the sale, lease, or disposal of personal

 

or real property.

 

     (i) The operation, maintenance, repair, replacement,

 

construction, and improvement of personal or real property.

 

     (j) The manner of employing, contracting for, engaging,


 

compensating, transferring, or discharging necessary personnel and

 

staffing.

 

     (k) The making and promulgating of necessary rules and

 

regulations and the enforcement of those rules and regulations by

 

or with the assistance of the parties to the contract.

 

     (l) The manner of allocating risks and responding to any claims

 

of liability that may result from the joint endeavor or being a

 

party to the contract and for insuring against any such liability.

 

     (m) The methods of addressing and resolving disputes among the

 

parties to the contract.

 

     (n) Any other matters agreed upon by the parties to the

 

contract.

 

     Sec. 5. A contract entered into under this act may provide for

 

1 or more parties to the contract to administer or execute the

 

contract or to exercise or perform some or all of the functions,

 

services, powers, or privileges to be exercised or performed by the

 

joint endeavor in the manner provided for by the contract.

 

     Sec. 6. Notwithstanding any local charter or ordinance to the

 

contrary, a party to a contract may use tax revenues that are

 

dedicated to pay for the exercise or performance of any function,

 

service, power, or privilege by that party individually to fund the

 

exercise or performance of that function, service, power, or

 

privilege under the contract.

 

     Sec. 7. The joint endeavor may levy a tax of not more than 5

 

mills on all taxable property in the areas served by the joint

 

endeavor for the purpose of providing revenue to the joint

 

endeavor. The joint endeavor may levy the tax only if a majority of


 

the electors served by the joint endeavor voting on the tax approve

 

the tax.

 

     Sec. 8. This act provides authorization to enter into

 

contracts that is in addition to and may be exercised separately

 

from any authorization to enter into contracts under any other

 

statute of this state.

 

     Sec. 9. Except as otherwise provided in this section, if any

 

provision of this act conflicts with any other statute of this

 

state, any promulgated rule of any agency of this state, any local

 

charter provision, or any local ordinance, the provisions of this

 

act shall control. The authority to enter into a contract pursuant

 

to this act shall not be affected by any condition or limitation

 

that may be imposed by any other state statute or in any state

 

rule, local charter provision, or local ordinance. However, this

 

act shall not affect any rights of any party under 1947 PA 336, MCL

 

423.201 to 423.217, except as specifically provided in section 12.

 

In addition, this act does not modify the provisions of 1969 PA

 

312, MCL 423.231 to 423.247.

 

     Sec. 10. A contract entered into pursuant to this act shall

 

not be subject to referendum under any local charter provision or

 

local ordinance.

 

     Sec. 11. A contract entered into pursuant to this act may not

 

be the basis for the recall of any elected official as provided

 

under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

 

     Sec. 12. (1) The local governments that are parties to a

 

contract entered into pursuant to this act have the responsibility,

 

authority, and right to manage and direct on behalf of the public


 

the functions or services performed or exercised in connection with

 

the contract. Collective bargaining between a local government and

 

a bargaining representative of its employees shall not include any

 

of the following:

 

     (a) A decision as to whether or not the local government will

 

enter into a contract for a joint endeavor pursuant to this act for

 

or in connection with 1 or more functions or services.

 

     (b) The procedures for obtaining the contract for a joint

 

endeavor pursuant to this act.

 

     (c) The identities of the other parties to the contract for a

 

joint endeavor pursuant to this act.

 

     (d) The contents or language of the contract for a joint

 

endeavor pursuant to this act.

 

     (e) The impact of the contract for a joint endeavor pursuant

 

to this act on individual employees or the bargaining unit.

 

     (2) The matters described in this section are prohibited

 

subjects of bargaining between a local government and a bargaining

 

representative of its employees and are within the sole discretion

 

of the local government to decide.

 

     Enacting section 1. This act does not take effect unless all

 

of the following bills of the 96th Legislature are enacted into

 

law:

 

     (a) Senate Bill No. 10.                                      

 

           

 

     (b) Senate Bill No. 9.