June 10, 2003, Introduced by Reps. Garfield, Hummel, Farhat, Brandenburg, Drolet, Hoogendyk, Amos, Casperson, Emmons, Wenke, Tabor, Palsrok, Sheen, Stahl, Vander Veen, Acciavatti, LaJoy, Steil, Walker, Pastor, Stakoe, Meyer, Voorhees, Taub, Ward, Ruth Johnson, Rocca, Kooiman, Robertson, Moolenaar and Richardville and referred to the Committee on Local Government and Urban Policy.
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 convenes 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
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 determine if the petition complies with the requirements of
8 this act and if the statements contained in the petition are
9 correct. If a majority of the board determines that the petition
10 does not comply with the requirements of this act or that the
11 statements contained in the petition are not correct, the board
12 shall not conduct further proceedings on the petition. If the
13 board determines that the petition complies with the requirements
14 of this act and that the statements contained in the petition are
15 correct, the board shall, by resolution, provide that the
16 question of making the proposed incorporation, consolidation, or
17 change of boundaries shall
be submitted to the qualified
18 electors of the district to be affected at the next general
19 election, if one
shall occur in not less than 40 days and not
20 more than 90 days
after the adoption of such resolution, and if
21 no general election is
to occur within such period, said
22 resolution shall fix a
date within such period for a special
23 election on such
question. After or at a special
election
24 before the next general election on a regular election day
25 established under section 641 of the Michigan election law, 1954
26 PA 116, MCL 168.641, that is held 60 days or more after the
27 adoption of the resolution.
1 (2) After the
adoption of such a resolution submitting the
2 ballot question to a vote of the electors, neither the
3 sufficiency nor legality
of the petition on which it is based
4 under 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
16 accompanying affidavits and shall transmit the certificate and a
17 certified copy of said
the petition and the accompanying
18 affidavits 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
24 incorporation, consolidation, or change of boundaries petitioned
25 for 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
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
5 election, that is held 60 days or more after the date of
6 transmittal of the certificate.
7 (3) If the secretary of state finds that the petition and the
8 accompanying affidavits annexed
thereto do not conform to the
9 provisions comply with the requirements of this act,
he or she
10 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 Each city, village, and township clerks
14 clerk who shall
receive receives from the secretary of state
15 the copies and certificates
above certificate provided for ,
16 in subsection (2) shall give notice of the election to be held on
17 the question of making the incorporation, consolidation, or
18 change of boundaries petitioned for in the same manner as
19 provided 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
22 otherwise 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
27 same manner, as near
as may be, as general biennial fall
1 elections of the election.
2 (2) Notwithstanding a charter provision providing otherwise,
3 the day on which a village holds its regular or a special
4 election is governed by the Michigan election law, 1954 PA 116,
5 MCL 168.1 to 168.992, or by a resolution adopted in compliance
6 with section 642 of the Michigan election law, 1954 PA 116, MCL
7 168.642.
8 Sec. 23. Each village charter shall provide for all of the
9 following:
10 (a) The election of and compensation for a president who
11 shall be the executive head, a clerk, and a legislative body.
12 An Notwithstanding a charter provision to the
contrary, a
13 village election may shall
be by a partisan, nonpartisan. ,
14 or preferential ballot
or by any other legal method of voting.
15 (b) The election or appointment of other officers or
16 administrative boards considered necessary.
17 (c) The levying and collection of village taxes.
18 (d) That the subjects of taxation for municipal purposes
19 shall be the same as for state, county, and school purposes under
20 the general law.
21 (e) An annual appropriation of money for municipal purposes.
22 (f) The public peace and health, and for the safety of
23 persons and property.
24 (g) One or more election districts; subject to section 21,
25 the time, place, and means of holding elections; and the
26 registration of electors.
27 (h) Keeping in the English language a written or printed
1 journal of proceedings of the legislative body.
2 (i) The publication of an ordinance or a synopsis of an
3 ordinance before the ordinance becomes operative. Any charter
4 provision to the contrary notwithstanding, a village may adopt an
5 ordinance punishable by imprisonment for not more than 93 days or
6 a fine of not more than $500.00, or both, if the violation
7 substantially corresponds to a violation of state law that is a
8 misdemeanor for which the maximum period of imprisonment is 93
9 days. Whether or not provided in its charter, a village may
10 adopt a provision of any state statute for which the maximum
11 period of imprisonment is 93 days, the Michigan vehicle code,
12 1949 PA 300, MCL 257.1 to 257.923, or a plumbing code, electrical
13 code, or building code that has been promulgated by this state,
14 by a department, board, or other agency of this state, or by an
15 organization or association that is organized and conducted for
16 the purpose of developing that code, by making reference to that
17 law or code in an adopting ordinance without publishing that law
18 or code in full. The law or code shall be clearly identified in
19 the ordinance, and a statement of the purpose of the law or code
20 shall be published with the adopting ordinance. Printed copies
21 of the law or code shall be kept in the office of the village
22 clerk and made available to the public at all times. The
23 publication shall contain a notice stating that a complete copy
24 of the law or code is available to the public at the office of
25 the village clerk. A village shall not enforce any provision
26 adopted by reference for which the maximum period of imprisonment
27 is greater than 93 days.
1 (j) That the business of the legislative body shall be
2 conducted at a public meeting of the body held in compliance with
3 the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and all
4 records of the municipality shall be available to the public
5 under the freedom of information act, 1976 PA 442, MCL 15.231 to
6 15.246.
7 (k) Adopting, continuing, amending, or repealing village
8 ordinances.
9 (l) A system of accounts that conforms to a uniform system
10 required by law.
11 Enacting section 1. This amendatory act takes effect
12 January 1, 2005.
13 Enacting section 2. This amendatory act does not take
14 effect unless all of the following bills of the 92nd Legislature
15 are enacted into law:
16 (a) Senate Bill No. _______ or House Bill No. 4821
17 (request no. 01919'03 *).
18 (b) Senate Bill No. _______ or House Bill No. 4824
19 (request no. 01920'03 *).