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Michigan Statutes, Title 141

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Michigan/Statutes

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Title 141, MUNICIPAL FINANCING

66 chapters · 621 sections in this title.

All chapters in Title 141621 Ch 284-of-1964, CITY INCOME TAX ACT100 Ch 34-of-2001, REVISED MUNICIPAL FINANCE ACT58 Ch 94-of-1933, THE REVENUE BOND ACT OF 193351 Ch 436-of-2012, LOCAL FINANCIAL STABILITY AND CHOICE ACT36 Ch 227-of-1985, SHARED CREDIT RATING ACT30 Ch 2-of-1968, UNIFORM BUDGETING AND ACCOUNTING ACT29 Ch 100-of-1990, CITY UTILITY USERS TAX ACT27 Ch 140-of-1971, GLENN STEIL STATE REVENUE SHARING AC…22 Ch 554-of-2008, REGIONAL CONVENTION FACILITY AUTHORI…15 Ch 203-of-1999, THE CONVENTION FACILITY AUTHORITY ACT14 Ch 244-of-1989, REGIONAL TOURISM MARKETING ACT13 Ch 395-of-1980, COMMUNITY CONVENTION OR TOURISM MARK…13 Ch 181-of-2014, MICHIGAN FINANCIAL REVIEW COMMISSION ACT12 Ch 383-of-1980, CONVENTION AND TOURISM MARKETING ACT12

36 sections·Filtered byTitle 141✕Ch 436-of-2012✕

Mich. Comp. Laws § 141.1541 Short title.
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Sec. 1. This act shall be known and may be cited as the "local financial stability and choice act".
Mich. Comp. Laws § 141.1542 Definitions.
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Sec. 2. As used in this act: (a) "Chapter 9" means chapter 9 of title 11 of the United States Code, 11 USC 901 to 946. (b) "Chief administrative officer" means any of the following: (i) The manager of a village or, if a village does not employ a manager, the president of the vill…
Mich. Comp. Laws § 141.1543 Findings; declarations.
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Sec. 3. The legislature finds and declares all of the following: (a) That the health, safety, and welfare of the citizens of this state would be materially and adversely affected by the insolvency of local governments and that the fiscal accountability of local governments is vit…
Mich. Comp. Laws § 141.1544 Determination of probable financial stress; preliminary review; conditions; school district; notification to local government; interim report of findings; final report; finding of probable financial stress; appointment of review team for municipal government; appointment of review team for local school district; staff support; duration of appointment.
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Sec. 4. (1) Subject to subsection (2), the state financial authority may conduct a preliminary review to determine the existence of probable financial stress within a local government if 1 or more of the following occur: (a) The governing body or the chief administrative officer …

Mich. Comp. Laws § 141.1545 Review team; powers; meeting with local government; report; posting on department of treasury's website; contents; appointment of individual or firm to carry out review and submit report.

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Sec. 5. (1) In conducting its review, the review team may do either or both of the following: (a) Examine the books and records of the local government. (b) Utilize the services of other state agencies and employees. (2) The review team shall meet with the local government as par…

Mich. Comp. Laws § 141.1546 Determination by governor; opportunity for local government to submit statement; determination of financial emergency; notification; hearing; findings of fact by governor; report; resolution by local government to appeal determination.

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Sec. 6. (1) Within 10 days after receipt of the report under section 5, the governor shall make 1 of the following determinations: (a) A financial emergency does not exist within the local government. (b) A financial emergency exists within the local government. (2) Before making…

Mich. Comp. Laws § 141.1547 Local government options; approval of resolution by mayor or school board; failure of local governing body to pass resolution; limitation.

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Sec. 7. (1) Notwithstanding section 6(3), upon the confirmation of a finding of a financial emergency under section 6, the governing body of the local government shall, by resolution within 7 days after the confirmation of a finding of a financial emergency, select 1 of the follo…

Mich. Comp. Laws § 141.1547a School district subject to enhanced deficit elimination plan; determination by state treasurer; declaration of financial emergency; appointment of emergency manager; recommendation.

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Sec. 7a. Notwithstanding section 7, if a school district is subject to an enhanced deficit elimination plan under section 1220 of the revised school code, 1976 PA 451, MCL 380.1220, and the state treasurer determines that the school district has failed to submit or comply with th…

Mich. Comp. Laws § 141.1548 Consent agreement; negotiation and signature; provisions; continuing operations plan; form; amendment of budget adopted by municipal government or school district; recovery plan; terms and provisions; powers granted to chief administrative officer, chief financial officer, governing body, or other local officers; consultant; release from requirements.

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Sec. 8. (1) The chief administrative officer of a local government may negotiate and sign a consent agreement with the state treasurer as provided for in this act. If the local government is a school district and the consent agreement contains an educational plan, the consent agr…

Mich. Comp. Laws § 141.1549 Emergency manager; appointment by governor; powers; qualifications; compensation; private funds; additional staff and assistance; quarterly reports; service; removal of local government from receivership; delegation of duties from governor to state treasurer; applicable state laws; appointment under former act; removal.

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Sec. 9. (1) The governor may appoint an emergency manager to address a financial emergency within that local government as provided for in this act. (2) Upon appointment, an emergency manager shall act for and in the place and stead of the governing body and the office of chief a…

Mich. Comp. Laws § 141.1550 Orders.

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Sec. 10. (1) An emergency manager shall issue to the appropriate local elected and appointed officials and employees, agents, and contractors of the local government the orders the emergency manager considers necessary to accomplish the purposes of this act, including, but not li…

Mich. Comp. Laws § 141.1551 Financial and operating plan for local government; development and amendment by emergency manager; objectives; submission; modification; form; conduct of public informational meeting; effect of plan adopted under former law.

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Sec. 11. (1) An emergency manager shall develop and may amend a written financial and operating plan for the local government. The plan shall have the objectives of assuring that the local government is able to provide or cause to be provided governmental services essential to th…

Mich. Comp. Laws § 141.1552 Additional actions by emergency manager; suspension of power of administrative officer and governing body; contracts subject to competitive bidding; sale or transfer of public utility; limitation.

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Sec. 12. (1) An emergency manager may take 1 or more of the following additional actions with respect to a local government that is in receivership, notwithstanding any charter provision to the contrary: (a) Analyze factors and circumstances contributing to the financial emergenc…

Mich. Comp. Laws § 141.1553 Pendency of receivership; compensation of chief administrative officer and members of local governing body.

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Sec. 13. Upon appointment of an emergency manager and during the pendency of the receivership, the salary, wages, or other compensation, including the accrual of postemployment benefits, and other benefits of the chief administrative officer and members of the governing body of t…

Mich. Comp. Laws § 141.1554 School district in receivership; additional actions.

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Sec. 14. In addition to the actions otherwise authorized in this act, an emergency manager for a school district may take 1 or more of the following additional actions with respect to a school district that is in receivership: (a) Negotiate, renegotiate, approve, and enter into c…

Mich. Comp. Laws § 141.1555 Sale of asset worth more than $50,000.00; payment of benefit upon death of police officer or firefighter.

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Sec. 15. (1) Unless the potential sale and value of an asset is included in the emergency manager's financial and operating plan, the emergency manager shall not sell an asset of the local government valued at more than $50,000.00 without the state treasurer's approval. (2) A pro…

Mich. Comp. Laws § 141.1556 Criminal conduct contributing to receivership status.

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Sec. 16. An emergency manager shall, on his or her own or upon the advice of the local inspector if a local inspector has been retained, make a determination as to whether possible criminal conduct contributed to the financial situation resulting in the local government's receive…

Mich. Comp. Laws § 141.1557 Report.

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Sec. 17. Beginning 6 months after an emergency manager's appointment, and every 3 months thereafter, an emergency manager shall submit to the governor, the state treasurer, the senate majority leader, the speaker of the house of representatives, each state senator and state repre…

Mich. Comp. Laws § 141.1558 Recommendation to proceed under chapter 9.

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Sec. 18. (1) If, in the judgment of the emergency manager, no reasonable alternative to rectifying the financial emergency of the local government which is in receivership exists, then the emergency manager may recommend to the governor and the state treasurer that the local gove…

Mich. Comp. Laws § 141.1559 Proposed action; submission to local governing body; approval or disapproval; alternative proposal.

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Sec. 19. (1) Except as otherwise provided in this subsection, before an emergency manager executes an action under section 12(1)(k), (r), or (u) or section 14(d), he or she shall submit his or her proposed action to the governing body of the local government. The governing body o…

Mich. Comp. Laws § 141.1560 Emergency manager; immunity from liability; responsibilities of attorney general; costs; insurance; litigation expenses after conclusion of date of service; failure of municipal government or school district to honor and remit legal expenses.

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Sec. 20. (1) An emergency manager is immune from liability as provided in section 7(5) of 1964 PA 170, MCL 691.1407. A person employed by an emergency manager is immune from liability as provided in section 7(2) of 1964 PA 170, MCL 691.1407. (2) The attorney general shall defend …

Mich. Comp. Laws § 141.1561 Adoption and implementation of 2-year budget.

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Sec. 21. (1) Before the termination of receivership and the completion of the emergency manager's term, or if a transition advisory board is appointed under section 23, then before the transition advisory board is appointed, the emergency manager shall adopt and implement a 2-yea…

Mich. Comp. Laws § 141.1562 Determination that financial emergency rectified; actions by governor.

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Sec. 22. (1) If an emergency manager determines that the financial emergency that he or she was appointed to manage has been rectified, the emergency manager shall inform the governor and the state treasurer. (2) If the governor disagrees with the emergency manager's determinatio…

Mich. Comp. Laws § 141.1563 Receivership transition advisory board.

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Sec. 23. (1) Before removing a local government from receivership, the governor may appoint a receivership transition advisory board to monitor the affairs of the local government until the receivership is terminated. (2) A receivership transition advisory board shall consist of …

Mich. Comp. Laws § 141.1564 Determination that financial conditions not corrected; appointment of new emergency manager.

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Sec. 24. The governor may, upon his or her own initiative or after receiving a recommendation from a receivership transition advisory board, determine that the financial conditions of a local government have not been corrected in a sustainable fashion as required under section 9(…

Mich. Comp. Laws § 141.1565 Neutral evaluation process.

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Sec. 25. (1) A neutral evaluation process may be utilized as provided for in this act. The state treasurer may, in his or her own discretion, determine that the state monitor the neutral evaluation process initiated by a local government under this section and may identify 1 or m…

Mich. Comp. Laws § 141.1566 Chapter 9 proceeding.

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Sec. 26. (1) With the written approval of the governor, a local government may file a petition under chapter 9 and exercise powers pursuant to federal bankruptcy law if the local government adopts a resolution, by a majority vote of the governing body of the local government, tha…

Mich. Comp. Laws § 141.1567 Duty of local officials and employees to provide assistance and information; failure to abide by act.

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Sec. 27. (1) The local elected and appointed officials and employees, agents, and contractors of a local government shall promptly and fully provide the assistance and information necessary and properly requested by the state financial authority, a review team, or the emergency m…

Mich. Comp. Laws § 141.1568 Imposition of taxes; prohibition.

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Sec. 28. This act does not give the emergency manager or the state financial authority the power to impose taxes, over and above those already authorized by law, without the approval at an election of a majority of the qualified electors voting on the question.

Mich. Comp. Laws § 141.1569 Issuance of bulletins; rules.

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Sec. 29. The state financial authority shall issue bulletins or promulgate rules as necessary to carry out the purposes of this act. Rules shall be promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

Mich. Comp. Laws § 141.1570 Actions under former law.

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Sec. 30. (1) All of the following actions that occurred under former 2011 PA 4, former 1988 PA 101, or former 1990 PA 72, before the effective date of this act are effective under this act: (a) A determination by the state treasurer or superintendent of public instruction pursuan…

Mich. Comp. Laws § 141.1571 Emergency manager serving prior to effective date of act.

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Sec. 31. An emergency manager or emergency financial manager appointed and serving under state law immediately prior to the effective date of this act shall continue under this act as an emergency manager for the local government.

Mich. Comp. Laws § 141.1572 Liability or cause of action.

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Sec. 32. This act does not impose any liability or responsibility in law or equity upon this state, any department, agency, or other entity of this state, or any officer or employee of this state, or any member of a receivership transition advisory board, for any action taken by …

Mich. Comp. Laws § 141.1573 Severability.

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Sec. 33. If any portion of this act or the application of this act to any person or circumstances is found to be invalid by a court, the invalidity shall not affect the remaining portions or applications of this act which can be given effect without the invalid portion or applica…

Mich. Comp. Laws § 141.1574 Appropriation.

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Sec. 34. For the fiscal year ending September 30, 2013, $780,000.00 is appropriated from the general fund to the department of treasury to administer the provisions of this act and to pay the salaries of emergency managers. The appropriation made and the expenditures authorized t…

Mich. Comp. Laws § 141.1575 Appropriation.

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Sec. 35. (1) For the fiscal year ending September 30, 2013, $5,000,000.00 is appropriated from the general fund to the department of treasury to administer the provisions of this act, to secure the services of financial consultants, lawyers, work-out experts, and other profession…