May 9, 2019, Introduced by Senator ALEXANDER and referred to the Committee on Government Operations.
A bill to amend 2012 PA 436, entitled
"Local financial stability and choice act,"
by amending section 32 (MCL 141.1572) and by adding section 14a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14a. If any proposed action or decision by an emergency
manager could potentially create a hazard to the public health,
safety, or welfare of the residents of the local government in
which the emergency manager is appointed, the governing body of
that local government may review the proposed action or decision
and has the right to appeal the proposed action or decision to the
governor for approval or disapproval.
Sec.
32. (1) This Except
as otherwise provided in subsection
(2), this act does not impose any liability or responsibility in
law or equity upon this state, any department, agency, or other
entity of this state, or any officer or employee of this state, or
any member of a receivership transition advisory board, for any
action taken by any local government under this act, for any
violation of the provisions of this act by any local government, or
for any failure to comply with the provisions of this act by any
local government. A cause of action against this state or any
department, agency, or entity of this state, or any officer or
employee of this state acting in his or her official capacity, or
any membership of a receivership transition advisory board acting
in his or her official capacity, may not be maintained for any
activity authorized by this act, or for the act of a local
government filing under chapter 9, including any proceeding
following a local government's filing.
(2) If a local government is placed in receivership with an
appointed emergency manager and that local government incurs any
additional debt or liability, excluding interest on existing debt
or liabilities, that is over the amount of the debt or liabilities
that existed for that local government on the date the local
government was placed in receivership, this state shall reimburse
that local government for the amount of the additional debt or
liability incurred by an appropriation as provided by law.