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.