Act No. 64

Public Acts of 2024

Approved by the Governor

June 20, 2024

Filed with the Secretary of State

June 20, 2024

EFFECTIVE DATE:  Sine Die

(91st day after final adjournment of the 2024 Regular Session)

state of michigan

102nd Legislature

Regular session of 2024

Introduced by Reps. Brabec, Liberati, Snyder, Tsernoglou, Paiz, Haadsma, Rheingans, Byrnes, Brenda Carter, MacDonell, Morgan, Breen, Price, Young and Hood

ENROLLED HOUSE BILL No. 4360

AN ACT 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; to authorize the issuance of bonds, notes, and other evidences of indebtedness; and to prescribe penalties and provide remedies,” by amending section 2 (MCL 124.602).

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 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 ______________________________, 20____ of said _________________ Clerk of said ____________________.”.

(3) Subject to this subsection, the incorporating municipalities shall determine the territory under the authority’s jurisdiction. An authority’s jurisdiction must be comprised of territory within the incorporating municipalities. The articles of incorporation must be published on the website of each incorporating municipality, or, if a website is unavailable, in the clerk’s office of each incorporating municipality. 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, must be filed with the secretary of state. An authority becomes effective at the time provided in its articles of incorporation. The validity of the incorporation of an authority 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 continue to apply to the municipality and the authority after the municipality becomes a part of the authority.

(5) If the territory under the authority’s jurisdiction does not include all of the taxable property within each incorporating municipality, the authority may levy a tax under section 12 on all of the taxable property within the limits of the authority, but the authority must not be funded under section 13.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor