Bill Text: MI HB5209 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Local government; other; bonding for emergency managers; require, and exempt emergency managers from governmental immunity. Amends 2012 PA 436 (MCL 141.1541 - 141.1575) by adding sec. 9a. TIE BAR WITH: HB 5210'16

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-14 - Bill Electronically Reproduced 01/13/2016 [HB5209 Detail]

Download: Michigan-2015-HB5209-Introduced.html

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HOUSE BILL No. 5209

January 13, 2016, Introduced by Rep. Lucido and referred to the Committee on Government Operations.

 

     A bill to amend 2012 PA 436, entitled

 

"Local financial stability and choice act,"

 

(MCL 141.1541 to 141.1575) by adding section 9a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 9a. (1) An emergency manager appointed by the governor

 

under section 9 shall post a suitable bond of not less than

 

$5,000,000.00, issued by a responsible bonding entity, for the

 

faithful performance of the duties of the office. An emergency

 

manager forfeits the bond if his or her conduct as an emergency

 

manager amounts to gross negligence or is willful and wanton

 

misconduct, and the emergency manager is responsible for all

 

damages, expenses, and costs associated with that gross negligence

 

or willful and wanton misconduct.

 

     (2) An emergency manager appointed by the governor under

 

section 9 is not protected by the immunity conferred by 1964 PA

170, MCL 691.1401 to 691.1419.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5210 (request no.

 

04537'15 a) of the 98th Legislature is enacted into law.