Bill Text: MI HB6398 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Local government: other; public notice to incorporate an authority to provide emergency services to municipalities; revise to make reference to the local government public notice act. Amends secs. 2 & 3 of 1988 PA 57 (MCL 124.602 & 124.603).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6398 Detail]
Download: Michigan-2019-HB6398-Introduced.html
HOUSE BILL NO. 6398
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
A bill to amend 1988 PA 57, entitled
"An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to provide for certain condemnation proceedings; to provide for fees; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies,"
by amending sections 2 and 3 (MCL 124.602 and 124.603).
the people of the state of michigan enact:
Sec. 2. (1) Any 2 or more municipalities may incorporate an authority for the purpose of providing emergency services to the incorporating municipalities. An incorporating municipality may transfer to the authority of which it is a part any municipal emergency service.
(2) An authority is created by the adoption of articles of incorporation by the legislative body of each incorporating municipality. The adoption by an incorporating municipality shall must be endorsed on the articles of incorporation in the case of a county by the county executive or chairperson of the board of commissioners of the county and the county clerk; in the case of a city by the mayor and clerk of the city; in the case of a village by the president and clerk of a village; and in the case of a township by the supervisor and clerk of a township, in a form substantially as follows:
"The foregoing articles of incorporation were adopted by the ________________________ of the ____________________________ of _______________________________________, ________________ county, Michigan, at a meeting duly held on the _____________ day of ______________________________, 19____ ____ of said _________________ Clerk of said ____________________".
(3) An authority's jurisdiction shall be is comprised of the total territory within the incorporating municipalities. The Before January 1, 2022, the articles of incorporation shall must be published at least once in a newspaper designated in the articles of incorporation and circulating within the territory of the authority. Beginning January 1, 2022, public notice of the articles of incorporation must be posted as set forth in the local government public notice act. A printed copy of the articles of incorporation, certified as a true copy by the person or persons designated in the articles, and containing the date and place of publication , shall or posting, must be filed with the secretary of state. An authority shall become becomes effective at the time provided in its articles of incorporation. The validity of the incorporation of an authority shall be is conclusively presumed unless questioned in a court of competent jurisdiction within 60 days after the date on which certified copies of the articles of incorporation are filed with the secretary of state.
(4) The laws of this state applying to a municipality that becomes a part of an authority also shall continue to apply to the municipality and the authority after the municipality becomes a part of the authority.
Sec. 3. (1) Any county, city, village, or township may become a part of an existing authority by amendment to the authority's articles of incorporation, adopted by the legislative body of the county, city, village, or township and by the legislative body of every other county, city, village, or township of which the existing authority is composed.
(2) Other amendments may be made to an authority's articles of incorporation if adopted by the legislative body of each city, village, or township of which the authority is composed. An amendment shall must be endorsed and published or posted, and certified printed copies shall must be filed in the same manner as the original articles of incorporation, except that the filed printed copies shall must be certified by the recording officer of the authority.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
