PETITION REQUIREMENTS - H.B. 5176-5200: FLOOR ANALYSIS

House Bills 5176 through 5200 (H-1) (as reported without amendment)

Sponsor: Representative William Callahan (H.B. 5176-5179)

Representative Patricia Birkholz (H.B. 5180-5187)

Representative Beverly Hammerstrom (H.B. 5188-5195)

Representative Penny Crissman (H.B. 5196-5200)

House Committee: Local Government

Senate Committee: Government Operations

CONTENT

The bills would amend various acts to provide that petitions, as well as the circulation and signing of petitions, under those acts would be subject to the provisions and penalties prescribed in Section 488 of the Michigan Election Law. (House Bill 5138 (H-1) would add Section 488 to the Michigan Election Law to specify that Section 544c would apply to a nominating petition for an office in a political subdivision under a statute that referred to Section 488, and to the circulation and signing of the petition. (Section 544c prescribes the size, form, content, and handling of nominating petitions; provides for violations of petition requirements; and prescribes penalties for violations.) Section 488 also provides that portions of Section 482 of the Election Law would apply to a petition to place a question on the ballot before the electorate of a political subdivision under a statute that referred to Section 488, and to the circulation and signing of the petitions. (Section 482 prescribes the form, content, and handling of petitions for initiative or referendum.) The bill states that a person who violated provisions of the Election Law regarding a petition described in Section 488, would be subject to penalties prescribed in the Election Law.)

The bills would apply to nominating petitions in primary elections, and to petitions to put questions before the voters in various elections, with one exception. House Bill 5200 (H-1), which would amend Public Act 425 of 1984 (which permits the conditional transfer of property by contract between cities, townships, or villages), provides that Section 488 would not apply to a petition that was signed by landowners because no registered electors resided within the property to be transferred. All of the bills are tie-barred to House Bill 5138.

The bills would amend the following Acts:

-- House Bill 5176 -- The Urban Cooperation Act.

-- House Bill 5177 -- Public Act 147 of 1939, which provides for the incorporation of the Huron-Clinton metropolitan authority.

-- House Bill 5178 -- The Metropolitan District Act.

-- House Bill 5179 -- Public Act 180 of 1991, which provides for the financing of stadiums or convention facilities.

-- House Bill 5180 (H-3) -- The county road law.

-- House Bill 5181 -- The community airport authority Act.

-- House Bill 5182 -- Public Act 197 of 1956, which provides for the promotion of township agricultural interests.

-- House Bill 5183 -- The District Library Establishment Act.

-- House Bill 5184 -- Public Act 164 of 1877, which authorizes local units to establish public libraries.

-- House Bill 5185 -- The Liquor Control Act.

-- House Bill 5186 -- Public Act 179 of 1967, which authorizes local units to levy taxes to fund youth centers.

-- House Bill 5187 -- Public Act 186 of 1891, which authorizes cities and villages to provide street lights.

-- House Bill 5188 -- Public Act 199 of 1929, which authorizes certain villages and townships to maintain a community center.

-- House Bill 5189 -- Public Act 230 of 1923, which authorizes certain villages and townships to levy a tax to maintain a band.

-- House Bill 5190 -- Public Act 233 of 1955, which provides for the incorporation of certain municipal authorities.

-- House Bill 5191 -- The Metropolitan Transportation Authorities Act.

-- House Bill 5192 (H-2) -- Public Act 165 of 1927, which authorizes the consolidation of township libraries.

-- House Bill 5193 -- The Township Water System Act.

-- House Bill 5194 -- The municipal hospital authority Act.

-- House Bill 5195 -- The Natural Resources and Environmental Protection Act.

-- House Bill 5196 -- The Port Authority Act.

-- House Bill 5197 (H-1) -- The Charter Water Authority Act.

-- House Bill 5198 -- Public Act 31 of 1948 (Extra Session), which provides for the incorporation of building authorities.

-- House Bill 5199 (H-1) -- Public Act 191 of 1968, which creates the State Boundary Commission.

-- House Bill 5200 (H-1) -- Public Act 425 of 1984, which permits the conditional transfer of property by contract between certain local units.

Proposed MCL 124.505b (H.B. 5176)

Proposed MCL 119.62 (H.B. 5177)

Proposed MCL 119.9b (H.B. 5178)

Proposed MCL 207.752a (H.B. 5179)

MCL 224.1 (H.B. 5180)

Proposed MCL 259.628a (H.B. 5181)

Proposed MCL 285.202a (H.B. 5182)

Proposed MCL 397.180a (H.B. 5183)

Proposed MCL 397.211a (H.B. 5184)

Proposed MCL 436.18b (H.B. 5185)

Proposed MCL 123.461 (H.B. 5186)

Proposed MCL 123.94 (H.B. 5187)

Proposed MCL 123.41a (H.B. 5188)

Proposed MCL 123.861a (H.B. 5189)

Proposed MCL 124.288a (H.B. 5190)

Proposed MCL 124.416a (H.B. 5191)

MCL 397.352 (H.B. 5192)

Proposed MCL 486.504a (H.B. 5193)

Proposed MCL 331.10 (H.B. 5194)

Proposed MCL 324.1102 (H.B. 5195)

Proposed MCL 120.114a (H.B. 5196)

MCL 121.14a (H.B. 5197)

Proposed MCL 123.958c (H.B. 5198)

Proposed MCL 123.1007a (H.B. 5199)

Proposed MCL 124.25a (H.B. 5200) - Legislative Analyst: G. Towne

FISCAL IMPACT

The bills would have no fiscal impact on State government.

There could be some minimal increases in administrative costs for local units to implement some of these changes. However, there are currently no data to indicate how much costs could increase.

Date Completed: 5-21-98 - Fiscal Analyst: E. Limbs

FLOOR\HB5176

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.