September 15, 2010, Introduced by Reps. Agema and Opsommer and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 5 of article III, to
provide for restrictions on the powers of governmental units in
public-private partnerships.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to provide for restrictions on the powers of
governmental units in public-private partnerships, is proposed,
agreed to, and submitted to the people of the state:
ARTICLE III
Sec. 5. (1) Subject to provisions of general law, this state
or any political subdivision thereof, any governmental authority or
any combination thereof may enter into agreements for the
performance, financing or execution of their respective functions,
with any one or more of the other states, the United States, the
Dominion of Canada, or any political subdivision thereof unless
otherwise provided in this constitution. Any other provision of
this constitution notwithstanding, an officer or employee of the
state or of any such unit of government or subdivision or agency
thereof may serve on or with any governmental body established for
the purposes set forth in this section and shall not be required to
relinquish his office or employment by reason of such service. The
legislature may impose such restrictions, limitations or conditions
on such service as it may deem appropriate.
(2) Any government authority, instrumentality of government,
or quasi-public entity created or empowered as part of a
transportation-related public-private partnership lawfully entered
into after December 31, 2009 shall not have either of the following
powers:
(a) To toll or levy user fees unless express statutory
authority is implemented under the law of this state for specific
highway, road, or bridge transportation projects, and only in
amounts sufficient to cover maintenance, repair, and operation of
the specific transportation project, and where the board or
governance of the government authority, instrumentality of
government, or quasi-public entity consists of voting members
entirely of this state.
(b) Of eminent domain, condemnation, or its determination
within Michigan unless the board or governance of the government
authority, instrumentality of government, or quasi-public entity
consists of voting members entirely of this state.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.