The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6803 June 21, 1994 COUNTIES: Incorporation of an existing county hospital as a municipal health facilities corporation MUNICIPAL HEALTH FACILITIES CORPORATION ACT: Incorporation of an existing county hospital as a municipal health facilities corporation The Legislature, in enacting the Municipal Health Facilities Corporations Act, has not required the approval of the electorate of the county, upon the filing of an appropriate election petition, when a county board of commissioners incorporates an existing county hospital established under 1925 PA 177 as a municipal health facilities corporation. Honorable Thomas C. Mathieu State Representative The Capitol Lansing, MI You have asked whether the Municipal Health Facilities Corporations Act, 1987 PA 230, MCL 331.1101 et seq; MSA 14.1148(101) et seq (the Act), requires the approval of the electorate of a county, upon filing of an appropriate election petition, when a county board of commissioners incorporates an existing county hospital, established under 1925 PA 177, MCL 332.151 et seq; MSA 14.1091 et seq, as a municipal health facilities corporation. Section 204 of the Act provides: Any county owning and operating a county hospital pursuant to charter or any statute other than Act No. 350 of the Public Acts of 1913, or Act No. 109 of the Public Acts of 1945, may organize any or all of the health care facilities, other than county medical care facilities, as a corporation under this act by the adoption and filing of articles of incorporation in accordance with section 206 without a vote of the county electors. [ Emphasis added.] The Legislature has expressly provided that, in the case of incorporations involving a county hospital established under 1925 PA 177, the incorporation may be done without a vote of the people. The authority of the county board of commissioners to incorporate an existing hospital without a vote of the people was recognized and sustained in Petrus v Dickinson County Bd of Comm'rs, 184 MichApp 282, 289-292; 457 NW2d 359, lv den 435 Mich 879 (1990). It is noted that MCL 46.11(m); MSA 5.331(m), provides that regulations, ordinances, and acts of incorporation of the county board of commissioners are subject to referendum at a special election upon the filing of a petition signed by 20% of the electors residing in the affected district within fifty days after the adoption of the regulation, ordinance, or act. However, in light of the specific and controlling language of section 204 of the Act that incorporations under that section may be done without a vote of the people, it must be concluded that the instant incorporation is not subject to the filing of a petition and a referendum vote. Moreover, in section 505(1) of the Act, the Legislature has expressed its intent that the powers under the Act are not limited by other statutory provisions: This act grants cumulative authority for the exercise of the various powers conferred in this act, and neither the powers nor any notes or corporation obligations issued under this act shall be affected or limited by any other statutory provision now or hereafter in force, other than as may be provided in this act, it being the purpose and intention of this act to create full, separate, and complete additional powers. It is my opinion, therefore, that the Legislature, in enacting the Municipal Health Facilities Corporations Act, has not required the approval of the electorate of the county, upon the filing of an appropriate election petition, when a county board of commissioners incorporates an existing county hospital established under 1925 PA 177 as a municipal health facilities corporation. Frank J. Kelley Attorney General