June 14, 2012, Introduced by Reps. Stallworth, Tlaib, Durhal, Howze, Talabi, Dillon, Hobbs, Liss, Rutledge, Greimel, Townsend and Segal and referred to the Committee on Government Operations.
A bill to expand and clarify the consent agreement process for
local governments; to prescribe the powers and duties of the
governor, other state departments, officials, and employees, and
officials and employees of local governments, including school
districts; and to provide certain conditions for the negotiation of
a new consent agreement.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"consent agreement process act".
Sec. 3. As used in this act:
(a) "Chief administrative officer" means that term as defined
in section 5 of the local government and school district fiscal
accountability act, MCL 141.1505.
(b) "Local government" means a municipal government or school
district.
(c) "Local government and school district fiscal
accountability act" means the local government and school district
fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531.
(d) "Municipal government" means that term as defined in
section 5 of the local government and school district fiscal
accountability act, MCL 141.1505.
(e) "Review team" means a review team appointed under section
12 of the local government and school district fiscal
accountability act, MCL 141.1512.
(f) "School district" means that term as defined in section 5
of the local government and school district fiscal accountability
act, MCL 141.1505.
Sec. 5. (1) In addition to the consent agreement requirements
provided under sections 13 and 14a of the local government and
school district fiscal accountability act, MCL 141.1513 and
141.1514a, a consent agreement entered into by a local government
under the local government and school district fiscal
accountability act shall include all of the following:
(a) A statement clearly defining in measurable terms the
reasons the local government is in a condition of severe financial
stress.
(b) A preliminary plan of specific actions necessary to
correct the severe financial stress in the local government.
(c) Specific actions to be taken to correct the severe
financial stress in the local government and the target dates by
which those actions shall occur. The specific actions to be taken
shall include, but are not limited to, all of the following:
(i) Defining core services for the local government.
(ii) Establishing a measurable commitment to acceptable service
levels and establishing how and when the acceptable service levels
will be met.
(iii) A commitment to local contracting to reinforce the local
government's economy.
(iv) Defining specific state legislative support and financial
support to remediate issues.
(d) The specific date the consent agreement expires.
(2) If a specific action required under this section to
correct the severe financial stress in the local government is not
accomplished by the target date set for that action, the chief
administrative officer of the local government and the review team
shall conduct a public meeting to discuss with the residents of the
local government all of the following:
(a) Why the specific action required to correct the severe
financial stress was not met.
(b) A proposed corrective action plan.
(c) Target date for completion of the corrective action plan.
(3) The chief administrative officer of the local government
and the review team shall conduct additional public meetings in
addition to the public meeting required under subsection (2) if the
target date for the completion of the corrective action plan is not
met. If the completion of the corrective action plan is not met
after a third public meeting with the residents of the local
government, the chief administrative officer of the local
government and the review team shall negotiate a new consent
agreement.
Enacting section 1. This act does not take effect unless
Senate Bill No.____ or House Bill No.____ (request no. 06080'12 a)
of the 96th Legislature is enacted into law.