SENATE BILL No. 1368

 

 

November 27, 2012, Introduced by Senators CASWELL, COLBECK, PROOS, EMMONS, NOFS, JANSEN, ROBERTSON and PAPPAGEORGE and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1967 (Ex Sess) PA 7, entitled

 

"Urban cooperation act of 1967,"

 

by amending section 2 (MCL 124.502), as amended by 2002 PA 439, and

 

by adding sections 4a, 4b, 4c, 7a, 9a, 9b, 10a, 10b, and 10c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Interlocal agreement" means an agreement entered into

 

under this act.

 

     (b) "Local governmental unit" means a county, city, village,

 

township, or charter township. A local governmental unit does not

 

include an entity created through an interlocal agreement under

 

this act.

 

     (c) "Province" means a province of Canada.


 

     (d) "Property" means any real or personal property, as

 

described in section 34c of the general property tax act, 1893 PA

 

206, MCL 211.34c.

 

     (e) "Public agency" means a political subdivision of this

 

state or of another state of the United States or of Canada,

 

including, but not limited to, a state government; a state agency;

 

a county, city, village, township, charter township, school

 

district, single or multipurpose special district, or single or

 

multipurpose public authority; a provincial government,

 

metropolitan government, borough, or other political subdivision of

 

Canada; an agency of the United States government; or a similar

 

entity of any other states of the United States and of Canada. A

 

public agency does not include an entity created by an interlocal

 

agreement under this act. As used in this subdivision, agency of

 

the United States government includes an Indian tribe recognized by

 

the federal government before 2000 that exercises governmental

 

authority over land within this state, except that this act or any

 

intergovernmental agreement entered into under this act shall not

 

authorize the approval of a class III gaming compact negotiated

 

under the Indian gaming regulatory act, Public Law 100-497, 102

 

Stat. 2467.

 

     (f) "State" means a state of the United States.

 

     (g) "State agency" means and includes all branches,

 

departments, offices, boards, commissions, authorities, or other

 

agencies of this state.

 

     Sec. 4a. Beginning on the effective date of the amendatory act

 

that added this section, if 1 of the public agencies that is a


 

party to the interlocal agreement is this state or a state agency,

 

all of the following apply:

 

     (a) The duration of the interlocal agreement entered into

 

under this act shall not exceed 20 years.

 

     (b) The interlocal agreement shall not be renewed. This

 

subdivision does not prevent the parties from entering into a new

 

interlocal agreement under this act.

 

     (c) The interlocal agreement shall contain a provision

 

requiring the public agencies that are parties to the interlocal

 

agreement to cooperate with any audit or investigation conducted by

 

the auditor general.

 

     Sec. 4b. Beginning on the effective date of the amendatory act

 

that added this section, if 1 of the public agencies that is a

 

party to the interlocal agreement is a state agency, each public

 

agency that is a party to the interlocal agreement and an entity

 

created by the interlocal agreement shall cooperate with both of

 

the following:

 

     (a) The chairs of the standing committees of the senate and

 

house of representatives that have subject matter jurisdiction over

 

that state agency.

 

     (b) The chairs of the senate and house appropriations

 

subcommittees that have subject matter jurisdiction over that state

 

agency.

 

     Sec. 4c. Beginning on the effective date of the amendatory act

 

that added this section, if 1 of the public agencies that is a

 

party to the interlocal agreement is a state agency, an entity

 

created by the interlocal agreement shall not enter into a separate


 

interlocal agreement with another state agency under this act.

 

     Sec. 7a. (1) Beginning on the effective date of the amendatory

 

act that added this section, if 1 of the public agencies that is a

 

party to the interlocal agreement is a state agency, an entity

 

created by the interlocal agreement shall maintain a public

 

internet website and shall annually post all of the following on

 

that public internet website:

 

     (a) Revenue sources of the entity.

 

     (b) Expenditures of the entity.

 

     (c) Administrative costs of the entity.

 

     (d) Any other financial information of the entity.

 

     (e) A copy of the interlocal agreement.

 

     (2) The secretary of state shall make available on an internet

 

website maintained by the secretary of state the links to each

 

public internet website maintained by an entity created by an

 

interlocal agreement.

 

     Sec. 9a. Beginning on the effective date of the amendatory act

 

that added this section, if 1 of the public agencies that is a

 

party to the interlocal agreement is this state or a state agency

 

of this state, before submitting the interlocal agreement to the

 

governor for review as required under section 9b, the public

 

agencies that are parties to the interlocal agreement shall conduct

 

2 public hearings. The public hearings held under this section are

 

subject to the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275. Notice of the public hearings shall be provided by each

 

public agency that is a party to the interlocal agreement as

 

provided in the open meetings act, 1976 PA 267, MCL 15.261 to


 

15.275.

 

     Sec. 9b. (1) Beginning on the effective date of the amendatory

 

act that added this section, if 1 of the public agencies that is a

 

party to the interlocal agreement is this state or a state agency

 

of this state, before it takes effect, the interlocal agreement

 

shall be submitted to the governor who shall determine whether the

 

interlocal agreement is in proper form and compatible with the laws

 

of this state.

 

     (2) Within 5 business days of an interlocal agreement's being

 

submitted to the governor under this section, the governor shall

 

notify each of the following in writing, which notice includes a

 

copy of the interlocal agreement, that the interlocal agreement was

 

submitted for review:

 

     (a) The senate majority leader.

 

     (b) The speaker of the house of representatives.

 

     (c) The chairs of the senate and house appropriations

 

subcommittees that have subject matter jurisdiction over that state

 

agency.

 

     (d) The chairs of the standing committees of the senate and

 

house of representatives that have subject matter jurisdiction over

 

that state agency.

 

     (3) Upon submitting the interlocal agreement to the governor

 

for review under this section, each public agency that is a party

 

to the interlocal agreement shall post a copy of the interlocal

 

agreement on its public internet website.

 

     (4) Not less than 20 business days or more than 90 calendar

 

days after an interlocal agreement is submitted to the governor


 

under this section, the governor shall approve the interlocal

 

agreement submitted to him or her unless the governor finds that

 

the agreement does not meet the conditions set forth in this act or

 

is not compatible with the laws of this state. If the governor so

 

finds, the governor shall detail in writing addressed to the public

 

agencies concerned the specific reasons the proposed interlocal

 

agreement fails to meet the requirements of law. In addition, the

 

governor shall notify each of the following that the proposed

 

interlocal agreement submitted to the governor under this section

 

fails to meet the requirements of law:

 

     (a) The senate majority leader.

 

     (b) The speaker of the house of representatives.

 

     (c) The chairs of the senate and house appropriations

 

subcommittees that have subject matter jurisdiction over that state

 

agency.

 

     (d) The chairs of the standing committees of the senate and

 

house of representatives that have subject matter jurisdiction over

 

that state agency.

 

     (5) The public agencies concerned shall have 60 days to

 

resubmit the revised interlocal agreement to the governor as

 

provided under this section. Before resubmitting the revised

 

interlocal agreement to the governor, the public agencies that are

 

parties to the interlocal agreement shall conduct an additional 2

 

public hearings as provided under section 9a regarding the changes

 

made to the interlocal agreement. The governor shall approve or

 

disapprove the revised interlocal agreement not less than 20

 

business days or more than 90 calendar days after the revised


 

interlocal agreement is submitted.

 

     Sec. 10a. Beginning on the effective date of the amendatory

 

act that added this section, if 1 of the public agencies that is a

 

party to the interlocal agreement is this state or a state agency

 

of this state, before it takes effect, the interlocal agreement

 

shall be signed by the governor.

 

     Sec. 10b. An interlocal agreement signed by the governor under

 

section 10a shall be transmitted to the secretary of state for

 

filing with the office of the great seal.

 

     Sec. 10c. The secretary of state shall make available on an

 

internet website maintained by the secretary of state a copy of

 

each interlocal agreement signed by the governor under section 10a.