Bill Text: MI HB6434 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Public utilities: other; public notice; revise to make reference to the local government public notice act. Amends sec. 34 of 1976 PA 448 (MCL 460.834).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6434 Detail]
Download: Michigan-2019-HB6434-Introduced.html
HOUSE BILL NO. 6434
November 12, 2020, Introduced by Reps. Meerman
and Steven Johnson and referred to the Committee on Government Operations.
A bill to amend 1976 PA 448, entitled
"Michigan energy employment act of 1976,"
by amending section 34 (MCL 460.834), as amended by 2008 PA 21.
the people of the state of michigan enact:
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Sec. 34. (1) A joint agency formed for the purposes provided in this article is a public body politic and corporate and the powers conferred by this act are considered to be the performance of an essential public function.
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(2) Any combination of 2 or more municipalities described in section 31 may incorporate a joint agency by the adoption of adopting articles of incorporation by resolution of the governing body of each municipality. The fact of adoption shall must be endorsed on the articles of incorporation by the chief executive officer and clerk of the municipality, in form substantially as follows:
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were adopted by the ___________________________, |
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of the_________, of ____________________ county, |
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Michigan, at a meeting duly held on the ____ day |
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of ____________, _____. |
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______________________________ |
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______________________ of said |
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______________________________ |
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______________________ of said |
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______________________________. |
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(3) The Before January 1, 2022, the articles of incorporation shall must be published at least once in a newspaper or newspapers designated in the articles and generally circulating within the area of each municipality. Beginning January 1, 2022, notice of 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 in the articles, with the date and place of the publication or posting, shall must be filed with the county clerk or clerks of the county or counties in which the incorporating municipalities are located and the secretary of state. The incorporation of the joint agency shall become is effective at the
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time provided in the articles of incorporation. The validity of the joint agency incorporation shall be is conclusive unless questioned in a court of competent jurisdiction within 60 days after the filing of certified copies with the county clerk or clerks and the secretary of state.
(4) The articles of incorporation shall must state the name of the joint agency, the names of the various incorporating municipalities, the purpose or purposes for which it the joint agency is created, the powers, duties, and limitations of the joint agency and its officers, the method of selecting its the joint agency's governing body, officers, and employees, the person or persons who are charged with the responsibility for causing the articles of incorporation to be published or posted and filed or who are charged with the responsibility in connection with the incorporation of the joint agency, the place of publication or posting, and all other matters which that the incorporating municipalities consider advisable, all of which shall be are subject to article 3 of this act and of the state constitution of 1963 and laws of the this state.
(5) The board of commissioners of a joint agency may, by resolution, authorize the establishment of 1 or more classes of associate membership in the joint agency. A municipality admitted as an associate member shall have has participatory and other rights and obligations as provided in the resolution establishing the associate membership class or classes.
(6) A municipality described in section 31 which that did not join in the original incorporation of a joint agency may become a member or an associate member of the joint agency by the adoption of a resolution by the governing body of the municipality and by a
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resolution unanimously adopted by all members of the board of commissioners of the joint agency. The resolution of the board of commissioners may provide that a municipality shall become becomes a member or an associate member at a future date or upon the occurrence of a future event and may provide further that the decision of the board of commissioners may not be revoked without the consent of the governing body of the municipality being added as a member or associate member. Upon the addition of a new member or associate member, the board of commissioners shall conform the articles of incorporation shall be conformed by the board of commissioners to show the addition of the new member or associate member and, if the municipality is being added as an associate member, the rights and obligations of the municipality as an associate member. Other amendments may be made to the articles of incorporation if adopted by the governing body of each municipality of which the joint agency is composed. An amendment shall must be endorsed, published or posted, and certified, and printed copies filed in the same manner as the original articles of incorporation, except an amendment showing only the addition of a new member or associate member and the rights and obligations of a new associate member need not be published or posted.
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.
