SB-1135, As Passed Senate, March 20, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1135

A bill to provide for the establishment of zoological

authorities; to provide powers and duties of a zoological

authority; to authorize the levy of a property tax by a zoological

authority; and to provide for the powers and duties of certain

government officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"zoological authorities act".

Sec. 3. As used in this act:

(a) "Accredited zoological institution" means an institution

located in this state that is accredited by the association of zoos

and aquariums.

(b) "Articles" means the articles of incorporation of an

authority.

section 5.

(d) "Board" means the board of directors of the authority.

(e) "Electors of the authority" means the qualified and

registered electors of the county.

(f) "Zoological services" means the operation of an accredited

zoological institution that is open to the general public.

Sec. 5. (1) Any county may form a zoological authority.

(2) A zoological authority is an authority under section 6 of

article IX of the state constitution of 1963. A zoological

authority is a public corporate body with the power to sue and be

sued in any court of this state.

(3) A zoological authority possesses all the powers necessary

for carrying out the purposes of its formation. The enumeration of

specific powers in this act shall not be construed as a limitation

on the general powers of an authority, consistent with its

articles.

(4) An authority shall not obtain an interest in real property

or participate in the governance of an accredited zoological

institution.

Sec. 7. (1) To initiate the establishment of an authority,

articles of incorporation shall be prepared by a majority of the

members of the county board of commissioners of the county

establishing the authority. The articles of incorporation shall

include all of the following:

(a) The name of the authority.

(b) The size of the board of the authority, which shall be

composed of an odd number of members and shall not exceed 15

members; the qualifications and terms of office of board members;

the manner of appointing the members of the board of the authority;

and the filling of vacancies in the office of board member.

(d) The method of dissolution of the authority.

(e) Any other matters considered advisable.

(2) The articles shall be adopted and may be amended by an

affirmative vote of a majority of the members of the county board

of commissioners of the county establishing the authority.

(3) Before the articles or amendments to the articles are

adopted, the articles or amendments to the articles shall be

published not less than once in a newspaper generally circulated

within the county. The adoption of articles or amendments to the

articles by the county shall be evidenced by an endorsement on the

articles or amendments by the clerk of the county.

(4) Upon adoption of the articles or amendments to the

articles by the county, a printed copy of the articles or the

amended articles shall be filed with the secretary of state by the

clerk of the county.

(5) The authority's articles of incorporation, or amendments

to the articles, take effect upon filing with the secretary of

state.

Sec. 9. (1) A vacancy occurs on the board on the happening of

any of the events set forth in section 3 of 1846 RS 15, MCL 201.3.

Members of the board may be removed by the county board of

commissioners for good cause after a public hearing. Vacancies

shall be filled in the manner as provided for in the authority's

articles of incorporation.

(2) A majority of the members of the board constitute a quorum

for the purpose of conducting business and exercising the powers of

an authority. Official action may be taken by an authority upon the

vote of a majority of the board members present, unless the

authority adopts bylaws requiring a larger number.

(3) A member of the board shall not receive compensation for

services as a member of the board but is entitled to reimbursement

for reasonable expenses, including expenses for travel previously

authorized by the board, incurred in the discharge of his or her

duties.

(4) The business that an authority may perform shall be

conducted at a public meeting of the authority held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

Public notice of the time, date, and place of the meeting shall be

given in the manner required by the open meetings act, 1976 PA 267,

MCL 15.261 to 15.275.

(5) A writing prepared, owned, or used by an authority in the

performance of an official function shall be made available in

compliance with the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(6) At its first meeting, a board shall elect a chairperson, a

secretary, a treasurer, and any other officers it considers

necessary.

Senate Bill No. 1135 (S-3) as amended March 19, 2008

(7) A board may adopt bylaws to govern its procedures.

Sec. 11. An authority may do 1 or more of the following:

(a) Contract for zoological services with an accredited

zoological institution.

(b) Levy a tax as provided in section 13.

accomplishment of this act.

(d) Contract for or retain professional services.

Sec. 11a. An authority and an accredited zoological

institution shall enter into a contract for zoological services

before the vote for a tax levy under section 13 occurs.

Sec. 12. If a majority of electors in the county [voting on the

question of a tax as provided in section 13 approve the tax], the

contract for

zoological services between the authority and an accredited

zoological institution shall include preferences or benefits for

the residents of the county that may include, but are not limited

to, any of the following:

(a) Discounted admission fees.

(b) Discounted membership fees.

(d) Access to educational programs.

Sec. 13. (1) An authority may levy a tax of not more than 0.1

mill for a period of not more than 20 years on all of the taxable

property within the county for the purpose of providing revenue to

an accredited zoological institution that is an accredited

zoological institution as of the date of the electors' approval of

the levy. The authority may levy the tax only [if ]

Senate Bill No. 1135 (S-3) as amended March 19, 2008

a majority of the electors in the county voting on the tax at a

statewide general or primary election [approve the tax]. The proposal for

a tax shall

be submitted to a vote of the electors of the authority by

resolution of the board.

(2) A ballot proposal for a tax shall comply with the

requirements of section 24f of the general property tax act, 1893

PA 206, MCL 211.24f. A proposal for a tax shall not be placed on

the ballot unless the proposal is adopted by a resolution of the

board and certified by the board not later than 60 days before the

election to the county clerk of the county for inclusion on the

ballot. The proposal shall be certified for inclusion on the ballot

at the next eligible election, as specified by the board's

resolution.

(3) If a majority of the electors in the county voting on the

question of a tax approve the proposal as provided under subsection

(1), the tax levy is authorized. Not more than 2 elections may be

held in a calendar year on a proposal for a tax authorized under

this act.

Sec. 15. (1) The county election commission of the county

shall provide ballots for an election for a tax under section 13.

(2) An election for a tax shall be conducted by the city and

township clerks and election officials of the municipalities

located within the county.

Sec. 17. (1) If an election for a tax under section 13 is to

be held in conjunction with a general election or a state primary

election, the notices of close of registration and election shall

be published as provided for by the state election laws. Otherwise,

the county clerk of the county shall publish the notices of close

of registration and election. The notice of close of registration

shall include the ballot language of the proposal.

(2) The results of an election for a tax shall be canvassed by

the board of county canvassers of the county. The board of county

canvassers of the county shall make the final canvass of an

election for a tax based on the returns of the election inspectors

of the municipalities in that county. The board of county

canvassers of the county shall certify the results of the election

to the board of the authority.

Sec. 19. A tax authorized to be levied by an authority under

this act shall be levied and collected at the same time and in the

same manner as provided by the general property tax act, 1893 PA

206, MCL 211.1 to 211.155.

Sec. 20. Within 10 business days of the receipt of the funds

from the local property tax collecting unit for the tax levied

under this act, the authority is required to transfer the funds to

an accredited zoological institution.

Sec. 21. (1) If a majority of the electors in the county

voting on the question of a tax as provided in section 13 approve

the tax, the county clerk of the county shall charge the authority

and the authority shall reimburse the county for the actual costs

the county incurs in the election for the tax under section 13.

(2) If a municipality conducts the election and a majority of

the electors in the county voting on the question of a tax as

provided in section 13 approve the tax, the clerk of that

municipality shall charge the authority and the authority shall

reimburse the municipality for the actual costs the municipality

incurs in conducting the election if the election is not held in

conjunction with a regularly scheduled election in that

municipality.

(3) If a majority of the electors in the county voting on the

question of a tax as provided in section 13 approve the tax, in

addition to costs reimbursed under subsection (1) or (2), a county

or municipality shall charge the authority and the authority shall

reimburse the county or municipality for actual costs that the

county or municipality incurs and that are exclusively attributable

to an election for a tax authorized under this act.

(4) The actual costs that a county or municipality incurs

shall be based on the number of hours of work done in conducting

the election, the rates of compensation of the workers, and the

cost of materials supplied in the election.

Sec. 23. (1) A board shall obtain an annual audit of the

authority, and report on the audit and auditing procedures, in the

manner provided by sections 6 to 13 of the uniform budgeting and

accounting act, 1968 PA 2, MCL 141.426 to 141.433. The audit shall

also be in accordance with generally accepted government auditing

standards as promulgated by the United States general accounting

office and shall satisfy federal regulations relating to federal

grant compliance audit requirements.

(2) An authority shall prepare budgets and appropriations acts

in the manner provided by sections 14 to 19 of the uniform

budgeting and accounting act, 1968 PA 2, MCL 141.434 to 141.439.

(3) The state treasurer, the attorney general, a prosecuting

attorney, bank, certified public accountant, certified public

accounting firm, or other person shall have the same powers,

duties, and immunities with respect to the authority as provided

for local units in sections 6 to 20 of the uniform budgeting and

accounting act, 1968 PA 2, MCL 141.426 to 141.440.

(4) If an authority ends a fiscal year in a deficit condition,

the authority shall file a financial plan to correct the deficit

condition in the same manner as provided in section 21(2) of the

Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL

141.921.

(5) The board may authorize funds of the authority to be

invested or deposited in any investment or depository authorized

under section 1 of 1943 PA 20, MCL 129.91.