SENATE BILL No. 442

May 1, 2001, Introduced by Senators MC MANUS, HAMMERSTROM, BENNETT, STEIL, GARCIA, SHUGARS and SIKKEMA and referred to the Committee on Government Operations.

A bill to amend 1909 PA 278, entitled

"The home rule village act,"

by amending sections 4, 7, 21, and 23 (MCL 78.4, 78.7, 78.21, and

78.23), section 23 as amended by 1999 PA 258.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 4. (1) Said A petition UNDER SECTION 2 shall be

2 addressed to the COUNTY board of supervisors COMMISSIONERS of

3 the county in which the territory to be affected by such THE

4 proposed incorporation, consolidation, or change of boundaries is

5 located. , and THE PETITION shall be filed with the clerk of

6 said THE COUNTY board OF COMMISSIONERS not less than 30 days

7 before the convening of such board OF COMMISSIONERS CONVENE in

8 regular session, or in any A special session called for the

9 purpose of considering said THE petition. , and if, before

10 final action thereon, it shall appear to said board or a majority

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1 thereof that said petition or the signing thereof does not

2 conform to this act, or contains incorrect statements, no further

3 proceedings pursuant to said petition shall be had, but, if it

4 shall appear that said petition conforms in all respects to the

5 provisions of this act, and that the statements contained therein

6 are true, said board of supervisors THE BOARD OF COMMISSIONERS

7 SHALL BY RESOLUTION DETERMINE WHETHER THE PETITION COMPLIES WITH

8 THE REQUIREMENTS OF THIS ACT AND WHETHER THE STATEMENTS CONTAINED

9 IN THE PETITION ARE CORRECT. IF THE BOARD DETERMINES THAT THE

10 PETITION DOES NOT COMPLY WITH THE REQUIREMENTS OF THIS ACT OR

11 THAT THE STATEMENTS CONTAINED IN THE PETITION ARE NOT CORRECT,

12 THE BOARD SHALL NOT CONDUCT FURTHER PROCEEDINGS ON THE PETITION.

13 SUBJECT TO SUBSECTION (4), IF THE BOARD DETERMINES THAT THE PETI-

14 TION COMPLIES WITH THE REQUIREMENTS OF THIS ACT AND THAT THE

15 STATEMENTS CONTAINED IN THE PETITION ARE CORRECT, THE BOARD

16 shall, by resolution, provide that the question of making the

17 proposed incorporation, consolidation, or change of boundaries

18 shall be submitted to the qualified electors of the district to

19 be affected at the next general election, if one shall occur in

20 not less than 40 days and not more than 90 days after the adop-

21 tion of such resolution, and if no general election is to occur

22 within such period, said resolution shall fix a date within such

23 period for a special election on such question. After OR AT A

24 SPECIAL ELECTION BEFORE THE NEXT GENERAL ELECTION ON A DATE PRO-

25 VIDED UNDER SECTIONS 643B AND 644 OF THE MICHIGAN ELECTION LAW,

26 1954 PA 116, MCL 168.643B AND 168.644, THAT IS HELD 60 DAYS OR

27 MORE AFTER THE ADOPTION OF THE RESOLUTION.

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1 (2) AFTER the adoption of such A resolution SUBMITTING THE

2 BALLOT QUESTION TO A VOTE OF THE ELECTORS, neither the suffi-

3 ciency nor legality of the petition on which it is based UNDER

4 SECTION 2 may be questioned in any proceeding.

5 Sec. 7. (1) When IF the territory to be affected by a

6 proposed incorporation, consolidation, or change , OF

7 BOUNDARIES is situated in more than 1 county, the petition UNDER

8 SECTION 2 shall be addressed and presented to the secretary of

9 state.

10 (2) The secretary of state shall examine such THE petition

11 , and the ACCOMPANYING affidavits. annexed, and if he shall

12 find that the same conforms to the provisions IF THE SECRETARY

13 OF STATE FINDS THAT THE PETITION AND ACCOMPANYING AFFIDAVIT OR

14 AFFIDAVITS COMPLY WITH THE REQUIREMENTS of this act, he THE

15 SECRETARY OF STATE shall so certify , THE PETITION AND ACCOM-

16 PANYING AFFIDAVITS and SHALL transmit THE CERTIFICATE AND a cer-

17 tified copy of said THE petition and the accompanying affida-

18 vits to the clerk of each city, village, or township to be

19 affected by the carrying out of the purposes of such petition

20 PROPOSED INCORPORATION, CONSOLIDATION, OR CHANGE OF BOUNDARIES,

21 together with his certificate as above provided, and a notice

22 directing that at the next general election occurring not less

23 than 40 days thereafter, the question of making the incorpora-

24 tion, consolidation, or change of boundaries petitioned for

25 shall be submitted to the electors of the district to be

26 affected. , and if no general election is to be held within 90

27 days, the notice may fix a date preceding the next general

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1 election by at least 60 days for a special election on the

2 question. If he shall find that said THE NOTICE SHALL PROVIDE

3 THAT THE BALLOT QUESTION SHALL BE SUBMITTED AT THE NEXT GENERAL

4 ELECTION, OR AT A SPECIAL ELECTION BEFORE THE NEXT GENERAL ELEC-

5 TION, HELD 60 DAYS OR MORE AFTER THE DATE OF TRANSMITTAL OF THE

6 CERTIFICATE.

7 (3) IF THE SECRETARY OF STATE FINDS THAT THE petition and

8 the ACCOMPANYING affidavits annexed thereto do not conform to

9 the provisions COMPLY WITH THE REQUIREMENTS of this act, he OR

10 SHE shall certify to that fact , and SHALL return said THE

11 petition and affidavits to the person from whom they were

12 received, together ALONG with such THE certificate.

13 (4) The several A city, village, and township clerks

14 CLERK who shall receive RECEIVES from the secretary of state

15 the copies COPY and certificates above CERTIFICATE provided

16 for , IN SUBSECTION (2) shall give notice of the election to be

17 held on the question of making the incorporation, consolidation,

18 or change of boundaries petitioned for in the same manner as pro-

19 vided for in section 6. of this act.

20 Sec. 21. (1) All elections held hereunder UNDER THIS ACT

21 shall be paid for by the locality where held, and except as oth-

22 erwise provided herein shall receive such BY THIS ACT OR THE

23 MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.1 TO 168.992, THE

24 LEGISLATIVE BODY OF THE LOCALITY SHALL DETERMINE THE publication

25 and notice as the legislative body may determine, and shall be

26 arranged for, held and conducted by the same officers and in the

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1 same manner, as near as may be, as general biennial fall

2 elections OF THE ELECTION.

3 (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR ANY

4 CHARTER PROVISION, AN ELECTION UNDER THIS ACT IS SUBJECT TO SEC-

5 TIONS 643B AND 644 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL

6 168.643B AND 168.644.

7 Sec. 23. Each village charter shall provide for all of the

8 following:

9 (a) The election of and compensation for a president who

10 shall be the executive head, a clerk, and a legislative body. An

11 election may SHALL be by a partisan, nonpartisan. , or pref-

12 erential ballot or by any other legal method of voting. IF A

13 NONPARTISAN VILLAGE ELECTION IS NOT PROVIDED FOR IN THE VILLAGE

14 CHARTER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SEN-

15 TENCE TAKES EFFECT, THE PROVISION REQUIRING A NONPARTISAN VILLAGE

16 ELECTION DOES NOT APPLY UNTIL JANUARY 1, 2004.

17 (b) The election or appointment of other officers or admin-

18 istrative boards considered necessary.

19 (c) The levying and collection of village taxes.

20 (d) That the subjects of taxation for municipal purposes

21 shall be the same as for state, county, and school purposes under

22 the general law.

23 (e) An annual appropriation of money for municipal

24 purposes.

25 (f) The public peace and health, and for the safety of per-

26 sons and property.

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1 (g) One or more election districts; the time, place, and

2 means of holding elections; and the registration of electors,

3 SUBJECT TO SECTION 2A AND OTHER APPLICABLE REQUIREMENTS OF LAW.

4 (h) Keeping in the English language a written or printed

5 journal of proceedings of the legislative body.

6 (i) The publication of an ordinance or a synopsis of an

7 ordinance before the ordinance becomes operative. Any charter

8 provision to the contrary notwithstanding, a village may adopt an

9 ordinance punishable by imprisonment for not more than 93 days or

10 a fine of not more than $500.00, or both, if the violation sub-

11 stantially corresponds to a violation of state law that is a mis-

12 demeanor for which the maximum period of imprisonment is 93

13 days. Whether or not provided in its charter, a village may

14 adopt a provision of any state statute for which the maximum

15 period of imprisonment is 93 days, the Michigan vehicle code,

16 1949 PA 300, MCL 257.1 to 257.923, or a plumbing code, electrical

17 code, or building code that has been promulgated by this state,

18 by a department, board, or other agency of this state, or by an

19 organization or association that is organized and conducted for

20 the purpose of developing that code, by making reference to that

21 law or code in an adopting ordinance without publishing that law

22 or code in full. The law or code shall be clearly identified in

23 the ordinance, and a statement of the purpose of the law or code

24 shall be published with the adopting ordinance. Printed copies

25 of the law or code shall be kept in the office of the village

26 clerk and made available to the public at all times. The

27 publication shall contain a notice stating that a complete copy

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1 of the law or code is available to the public at the office of

2 the village clerk. A village shall not enforce any provision

3 adopted by reference for which the maximum period of imprisonment

4 is greater than 93 days.

5 (j) That the business of the legislative body shall be con-

6 ducted at a public meeting of the body held in compliance with

7 the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and all

8 records of the municipality shall be available to the public

9 under the freedom of information act, 1976 PA 442, MCL 15.231 to

10 15.246.

11 (k) Adopting, continuing, amending, or repealing village

12 ordinances.

13 (l) A system of accounts that conforms to a uniform system

14 required by law.

15 Enacting section 1. This amendatory act takes effect

16 January 1, 2003.

17 Enacting section 2. This amendatory act does not take

18 effect unless all of the following bills of the 91st Legislature

19 are enacted into law:

20 (a) Senate Bill No. 438

21

22 (b) Senate Bill No. 440

23

24 (c) Senate Bill No. _____ or House Bill No. _____ (request

25 no. 00635'01 *).

26 (d) Senate Bill No. _____ or House Bill No. _____ (request

27 no. 00635'01 a *).

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