Bill Text: MI HB5051 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Local government; other; eligibility for membership on a receivership transition advisory board; modify, and allow former emergency manager or emergency financial manager of the local government as nonvoting member only. Amends sec. 23 of 2012 PA 436 (MCL 141.1563).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-10-03 - Bill Electronically Reproduced 09/28/2017 [HB5051 Detail]

Download: Michigan-2017-HB5051-Introduced.html

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HOUSE BILL No. 5051

 

 

September 28, 2017, Introduced by Reps. Chang and Liberati and referred to the Committee on Local Government.

 

     A bill to amend 2012 PA 436, entitled

 

"Local financial stability and choice act,"

 

by amending section 23 (MCL 141.1563).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 23. (1) Before removing a local government from

 

receivership, the governor may appoint a receivership transition

 

advisory board to monitor the affairs of the local government until

 

the receivership is terminated.

 

     (2) A receivership transition advisory board shall consist of

 

the state treasurer or his or her designee, the director of the

 

department of technology, management, and budget or his or her

 

designee, and, if the local government is a school district, the

 

superintendent of public instruction or his or her designee. The

 

Except as otherwise provided in this subsection, the governor also

 

may appoint to a receivership transition advisory board 1 or more

 

other individuals with relevant professional experience, including

 

1 or more residents of the local government. An individual who was

 

appointed as an emergency manager under this act or who was

 

appointed as an emergency financial manager under former 1988 PA

 

101 or former 1990 PA 72 may only be appointed as a nonvoting

 

member to the receivership transition advisory board for the local

 

government of which he or she was appointed as an emergency manager

 

or emergency financial manager.

 

     (3) A receivership transition advisory board serves at the

 

pleasure of the governor.

 

     (4) At its first meeting, a receivership transition advisory

 

board shall adopt rules of procedure to govern its conduct,

 

meetings, and periodic reporting to the governor. Procedural rules

 

required by this section are not subject to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (5) A receivership transition advisory board may do all of the

 

following:

 

     (a) Require the local government to annually convene a

 

consensus revenue estimating conference for the purpose of arriving

 

at a consensus estimate of revenues to be available for the ensuing

 

fiscal year of the local government.

 

     (b) Require the local government to provide monthly cash flow

 

projections and a comparison of budgeted revenues and expenditures

 

to actual revenues and expenditures.

 

     (c) Review proposed and amended budgets of the local

 

government. A proposed budget or budget amendment shall does not

take effect unless approved by the receivership transition advisory

 

board.

 

     (d) Review requests by the local government to issue debt

 

under the revised municipal finance act, 2001 PA 34, MCL 141.2101

 

to 141.2821, or any other law governing the issuance of bonds or

 

notes.

 

     (e) Review proposed collective bargaining agreements

 

negotiated under section 15(1) of 1947 PA 336, MCL 423.215. A

 

proposed collective bargaining agreement shall does not take effect

 

unless approved by the receivership transition advisory board.

 

     (f) Review compliance by the local government with a deficit

 

elimination plan submitted under section 21 of the Glenn Steil

 

state revenue sharing act of 1971, 1971 PA 140, MCL 141.921.

 

     (g) Review proposed judgment levies before submission to a

 

court under section 6093 or 6094 of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.6093 and 600.6094.

 

     (h) Perform any other duties assigned by the governor at the

 

time the receivership transition advisory board is appointed.

 

     (6) A receivership transition advisory board is a public body

 

as that term is defined in section 2 of the open meetings act, 1976

 

PA 267, MCL 15.262, and meetings of a receivership transition

 

advisory board are subject to the open meetings act, 1976 PA 267,

 

MCL 15.261 to 15.275. A receivership transition advisory board is

 

also a public body as that term is defined in section 2 of the

 

freedom of information act, 1976 PA 442, MCL 15.232, and a public

 

record in the possession of a receivership transition advisory

 

board is subject to the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.