HB-5553, As Passed House, April 18, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5553

     A bill 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 guarantee certain labor contracts and employment

rights in regard to the formation and reorganization of

authorities; to provide for certain condemnation proceedings; to

provide for the levy of property taxes for certain purposes; and to

prescribe penalties and provide remedies,"

by amending the title and sections 5 and 9 (MCL 124.605 and

124.609), the title as amended by 1999 PA 167.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     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 guarantee certain labor contracts and employment

rights in regard to the formation and reorganization of

House Bill No. 5553 (H-1) as amended March 30, 2006

authorities; to provide for certain condemnation proceedings; to

provide for fees; to provide for the levy of property taxes for

certain purposes; and to prescribe penalties and provide remedies.

     Sec. 5.  An Subject to the laws of this state, an authority's

articles of incorporation shall state the name of the authority;  ,

the names of the incorporating municipalities;  ,  the purpose or

purposes for which the authority is created;  ,  the powers,

duties, and limitations of the authority and its officers,

including ordinances necessary to support the authority [as allowed under

section 9(b)]; the method

of selecting its governing body, officers, and employees;  , and

the person or persons who are charged with the responsibility of

causing the articles of incorporation to be published and printed

copies to be certified and filed as provided in section 2  ,  or

who are charged with any other responsibility in connection with

the incorporation of the authority.  , all of which shall be

subject to the provisions of the constitution and statutes of this

state, and this act.

     Sec. 9. An authority, in addition to its other powers and

duties, may do all of the following:

     (a) Adopt bylaws and rules of administration to accomplish the

purposes of this act.

(b) Adopt ordinances that allow the authority to assess fees

on owners or occupants of property who receive emergency services

to cover the costs of providing emergency services under this act.

An ordinance adopted under this subdivision shall be rescinded if,

within 60 days from the date the ordinance is adopted, 1/3 or more

of the municipalities affected by the ordinance vote to rescind the

ordinance.

(c)  (b)  Apply for and accept grants, loans, or contributions

from the federal government or any of its agencies, the state, or

other public or private agencies to be used for any of the purposes

of this act and to do any and all things within its express or

implied powers necessary or desirable to secure that financial or

other aid or cooperation in the carrying out of any of the purposes

of this act.

(d)  (c)  Enter into any contracts with other entities not

prohibited by law.

(e)  (d)  Investigate emergency services requirements, needs,

and programs and engage, by contract, consultants as may be

necessary and cooperate with the federal government, state,

political subdivisions, and other authorities in those

investigations.

(f)  (e)  Subject to  the terms and conditions prescribed in

section 10, hire employees, attorneys, accountants, and consultants

as the authority considers necessary to carry out the purposes of

the authority.