Bill Text: MI HB4151 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Local government; intergovernmental affairs; intergovernmental transfers of functions and responsibilities; revise contents of contracts. Amends sec. 4 of 1967 (Ex Sess) PA 8 (MCL 124.534).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-05 - Printed Bill Filed 02/05/2009 [HB4151 Detail]

Download: Michigan-2009-HB4151-Introduced.html

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HOUSE BILL No. 4151

 

February 4, 2009, Introduced by Rep. Opsommer and referred to the Committee on Labor.

 

     A bill to amend 1967 (Ex Sess) PA 8, entitled

 

"An act to provide for intergovernmental transfers of functions and

responsibilities,"

 

by amending section 4 (MCL 124.534).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4. A contract shall include:

 

     (a) A description of the functions or responsibilities to be

 

transferred.

 

     (b) The effective date of the contract.

 

     (c) The term of operation under the contract.

 

     (d) The manner in which the affected employees, if any, of the

 

participating political subdivisions shall be transferred,

 

reassigned, or otherwise treated. subject to the following:

 

     (i) Such employees as are necessary for the operation thereof

 

shall be transferred to and appointed as employees subject to all

 

rights and benefits. These employees shall be given seniority

 

credits and sick leave, vacation, insurance and pension credits in

 

accordance with the records or labor agreements from the acquired

 

system. Members and beneficiaries of any pension or retirement

 

system or other benefits established by the acquired system shall

 

continue to have rights, privileges, benefits, obligations and

 

status with respect to such established system. The political

 

subdivision to which the functions or responsibilities have been

 

transferred shall assume the obligations of any system acquired by

 

it with regard to wages, salaries, hours, working conditions, sick

 

leave, health and welfare and pension or retirement provisions for

 

employees. If the employees of an acquired system were not

 

guaranteed sick leave, health and welfare and pension or retirement

 

pay based on seniority, the political subdivision shall not be

 

required to provide these benefits retroactively.

 

     (ii) No employee who is transferred to a position with the

 

political subdivision shall by reason of such transfer be placed in

 

any worse position with respect to workmen's compensation, pension,

 

seniority, wages, sick leave, vacation, health and welfare

 

insurance or any other benefits that he enjoyed as an employee of

 

such acquired system.

 

     (e) The manner in which any real property, facilities,

 

equipment, or other personal property required in the execution of

 

the contract shall be transferred, sold, or otherwise disposed of

 

between the contracting parties.

 

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

 

paid by each of the participating units in relation to the

 

undertaking involved.

 

     (g) Other legal, financial, and administrative arrangements

 

necessary to effectuate the undertaking.