Bill Text: MI HB6401 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Transportation: authorities; publication of articles of incorporation requirement; revise to make reference to the local government public notice act. Amends sec. 2 of 1963 PA 55 (MCL 124.352).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6401 Detail]
Download: Michigan-2019-HB6401-Introduced.html
HOUSE BILL NO. 6401
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
A bill to amend 1963 PA 55, entitled
"An act to provide for the incorporation of public authorities to acquire, own, and operate or cause to be operated mass transportation systems; to require the state to guarantee payment of certain claims against certain transportation authorities and to give the state a lien in satisfaction of payment; to prescribe the rights, powers, and duties of those public authorities; to provide for the issuance of bonds; to provide for the levy and collection of certain taxes; and to authorize contracts between those authorities and either public or private corporations to carry out the operation of those mass transportation systems,"
by amending section 2 (MCL 124.352), as amended by 1983 PA 137.
the people of the state of michigan enact:
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Sec. 2. (1) The legislative body of any a city having a population of not more than 300,000 may incorporate a public authority for the purpose of acquiring, owning, operating, to acquire, own, or operate, or causing cause to be operated, a mass transportation system. The authority shall be is authorized to operate the mass transportation system within the boundaries of the city which that incorporates the public authority. However, a public authority created before the effective date of section 7a July 18, 1983 may operate a mass transportation system within the same political subdivisions in which it operates a mass transportation system immediately before the effective date of section 7a July 18, 1983 and those political subdivisions, other than those the political subdivisions which that only receive public transportation services from the authority pursuant to under a contract, shall be are considered to be members of the authority. A public authority may also operate a mass transportation system within a political subdivision which, that, by a resolution adopted by a majority vote of the members elected to and serving on the legislative body of the political subdivision, requests membership in the authority, but only if a majority of the members of the board of the authority, by resolution, approve the request. If a political subdivision joins the authority, the board shall amend the articles of incorporation accordingly. The clerk of the political subdivision being added shall execute the amendment, which shall must be filed and published in the same manner as the original articles of incorporation.
(2) The incorporation shall must be accomplished by adoption
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of articles of incorporation by an affirmative vote of a majority of the members elect of the legislative body of the city. The fact of adoption shall must be indorsed on the articles of incorporation by the mayor and clerk of the city in a form substantially as follows:
"The foregoing articles of incorporation were adopted by an affirmative vote of a majority of the members elect of the (name of legislative body) of the city of .........., .......... county, Michigan, at a meeting duly held on the ..... day of .........., A.D. ..... (year).
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Mayor |
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Clerk" |
Before January 1, 2022, the articles of incorporation shall must be published at least once in a newspaper designated in the articles and circulated within the area proposed to be served by the mass transportation system. Beginning January 1, 2022, the articles of incorporation must be posted as provided in the local government public notice act. One printed copy of the articles of incorporation certified as a "true copy" by the person or persons designated with the date and place of the publication , shall must be filed with the secretary of state and with the clerk of the county within which the area to be served by the mass transportation system is located. The authority shall become becomes operative at the time provided in the articles of incorporation. The validity of the incorporation shall be is conclusively presumed unless questioned in a court of competent
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jurisdiction within 60 days after the filing of the certified copies with the secretary of state and with the county clerk.
(3) If the authority ceases to operate or is dissolved and a successor agency is not created to assume its assets and liabilities and perform its functions, and the this state guarantees the payment of claims for benefits arising under Act No. 317 of the Public Acts of 1969, as amended, being sections 418.101 to 418.941 of the Michigan Compiled Laws, the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, against the authority, during the time the authority was approved as a self-insurer under section 611(1)(a) of Act No. 317 of the Public Acts of 1969, as amended, being section 418.611 of the Michigan Compiled Laws, the the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.611, this state shall be is entitled to a lien which shall take that takes precedence over all other liens on its portion of the assets of the authority in satisfaction of the payment of claims for benefits under Act No. 317 of the Public Acts of 1969, as amended.the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
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.
