HOUSE BILL No. 4111 January 28, 1997, Introduced by Rep. McBryde and referred to the Committee on Urban Policy and Economic Development. A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending sections 2, 3, 4, 10, and 12 (MCL 124.502, 124.503, 124.504, 124.510, and 124.512), section 2 as amended by 1995 PA 108 and section 10 as amended by 1985 PA 10. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. As used in this act: 2 (A) "INDIAN TRIBE" MEANS AN INDIAN TRIBE, BAND, NATION, OR 3 OTHER ORGANIZED GROUP OR COMMUNITY OF INDIANS THAT IS RECOGNIZED 4 BY THE SECRETARY OF THE UNITED STATES DEPARTMENT OF THE INTERIOR 5 AS ELIGIBLE FOR THE SPECIAL PROGRAMS AND SERVICES PROVIDED BY THE 6 UNITED STATES TO INDIANS BECAUSE OF THEIR STATUS AS INDIANS. 7 (B)(a)"Interlocal agreement" means an agreement entered 8 into under this act. 00116'97 * VPW 2 1 (C)(b)"Local governmental unit" means a county, city, 2 village, township, or charter township. 3 (D)(c)"Province" means a province of the Dominion of 4 Canada. 5 (E)(d)"Property" means any real or personal property, as 6 described in section 34c of the general property tax act, Act 7 No. 206 of the Public Acts of 1893, being section 211.34c of the 8 Michigan Compiled Laws. 9 (F)(e)"Public agency" means a political subdivision of 10 this state or of another state of the United States or of the 11 Dominion of Canada, OR OF AN INDIAN TRIBE, including, but not 12 limited to, state government; a county, city, village, township, 13 charter township, school district, single or multipurpose special 14 district, or single or multipurpose public authority; provincial 15 government, metropolitan government, borough, or other political 16 subdivision of the Dominion of Canada; an agency of the United 17 States government; or a similar entity ofany other states18 ANOTHER STATE of the United States and of the Dominion of Canada 19 AND OF AN INDIAN TRIBE. 20 (G)(f)"State" means a state of the United States. 21 Sec. 3. IfanyA provision of this act conflicts with 22any otherANOTHER statute of this state providing for the 23 authorization or performance of joint or cooperative agreements 24 or undertakings between public agencies of this state or between 25 public agencies of this state and public agencies of other states 26 or of the Dominion of Canada OR OF AN INDIAN TRIBE, the 27 provisions ofsuchTHE otherstatutesSTATUTE shall control. 00116'97 * 3 1 Sec. 4. (1)AEXCEPT AS PROVIDED IN SUBSECTION (2), A 2 public agency of this state may exercise jointly withany other3 ANOTHER public agency oftheTHIS state or with a public agency 4 ofany otherANOTHER state of the United States or with a 5 public agency of the Dominion of Canada or withanyA PUBLIC 6 AGENCY OF AN INDIAN TRIBE OR OF A public agency of the United 7 States government, any power, privilege, or authoritywhich8suchTHAT THE agencies share in common andwhichTHAT each 9 might exercise separately. 10 (2) A CASINO OR OTHER GAMING ESTABLISHMENT OR OPERATION, OR 11 REVENUE DERIVED FROM A CASINO OR OTHER GAMING ESTABLISHMENT OR 12 OPERATION, SHALL NOT BE THE SUBJECT OF AN AGREEMENT UNDER THIS 13 ACT. 14 Sec. 10. (1) If funds oftheTHIS state are to be allo- 15 cated to carry out, in whole or in part, an agreement under this 16 act or if the state, an agency of the United States government, 17any otherANOTHER state or political subdivision ofany other18 ANOTHER state, or the Dominion of Canada or a political subdivi- 19 sion of the Dominion of Canada, AN INDIAN TRIBE OR A POLITICAL 20 SUBDIVISION OF AN INDIAN TRIBE, is a party to an agreement under 21 this act, an interlocal agreement, prior to and as a condition 22 precedent to its effectiveness, shall be submitted to the gover- 23 nor who shall determine whether the agreement is in proper form 24 and compatible with the laws of this state. 25 (2) For the purposes of this section, funds of the state do 26 not include grants, gifts, bequests, or assistance funds given to 27 a public agency which is a party to an interlocal agreement if 00116'97 * 4 1 the purpose of that agreement is to administer those grants, 2 gifts, bequests, or assistance funds according to their terms or 3 to combine the proceeds of the parties' grants, gifts, bequests, 4 or assistance funds for investment purposes. 5 (3) The governor shall approve an agreement submitted to him 6 or her unless the governor finds that the agreement does not meet 7 the conditions set forth in this act or is not compatible with 8 the laws of this state. If the governor so finds, the governor 9 shall detail in writing addressed to the governing bodies of the 10 public agencies concerned within 90 days the specific respects in 11 which the proposed interlocal agreement fails to meet the 12 requirements of law. The governing bodies of the public agencies 13 concerned shall have 60 days to resubmit the revised interlocal 14 agreement to the governor who shall approve or disapprove the 15 agreement within 90 days. 16 (4) Prior to its effectiveness an interlocal agreement shall 17 be filed with the county clerk of each county where a party to 18 the agreement is located and with the secretary of state. 19 Sec. 12. (1) A public agency entering into an interlocal 20 agreement may appropriate funds and may sell, lease, give, or 21 otherwise supplyanyA party designated to operate the joint or 22 cooperative undertakingsuchTHE personnel, services, facili- 23 ties, property, franchises, or fundstherefor as may beTHAT 24 ARE within its legal power to furnish. 25 (2) A public agency entering into an interlocal agreement 26 may receive grants-in-aid or other assistance funds from the 27 United States government, the state of Michigan,orthe 00116'97 * 5 1 Dominion of Canada, OR AN INDIAN TRIBE for use in carrying out 2 the purposes of the interlocal agreement. 00116'97 * Final page. VPW