SB-1346, As Passed House, December 18, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1346

     A bill to amend 1968 PA 191, entitled

"An act to create a state boundary commission; to prescribe its

powers and duties; to provide for municipal incorporation,

consolidation, and annexation; to prescribe penalties and provide

remedies; and to repeal acts and parts of acts,"

by amending sections 10 and 17 (MCL 123.1010 and 123.1017).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 10. (1) After the public hearing on a proposed

incorporation and review thereof by the commission, the commission

may deny the proposed incorporation, approve the petition, or

revise the boundaries of the area proposed for incorporation and

approve the proposal as revised.

     (2) If an incorporation proposal is denied by the commission,

its order is final immediately and the secretary shall transmit a

certified copy thereof of the order to the petitioner and the clerk

of each city, village, and township affected.

     (3) If an incorporation proposal is approved with or without a

revision of the boundaries, the commission's order is final 45 days

after the date of the order unless within that 45 days a petition

for a referendum is filed with the commission which that contains

the signatures of at least 5% of the registered electors residing

in the area to be incorporated as approved by the commission. If a

petition is not filed and the commission's order becomes final, the

secretary shall send a certified copy of the order to the

petitioner, and to the clerk of each county, city, village, or

township affected, and to the secretary of state. Charter

commission elections and proceedings pursuant to Act No. 278 of the

Public Acts of 1909, as amended, or Act No. 279 of the Public Acts

of 1909, as amended under the home rule village act, 1909 PA 278,

MCL 78.1 to 78.28, or the home rule city act, 1909 PA 279, MCL

117.1 to 117.38, shall follow.

     (4) If a referendum petition is filed, the commission, after

determining the validity of the petition, shall order a referendum

on the question of incorporation to be held in the area approved

for incorporation and shall specify a date later than the

referendum on which the commission's order shall become final if

the proposal is approved at the referendum.

     (5) If a majority of the electorate voting on the question in

the territory approved for incorporation voting collectively

approves the incorporation, the commission's order shall become

final on the date specified therein, the secretary shall send a

certified copy of the order to the petitioner, and to the clerk of

each county, city, village, or township affected, and to the

secretary of state. Charter commission elections and proceedings

pursuant to Act No. 278 of the Public Acts of 1909, as amended, or

Act No. 279 of the Public Acts of 1909, as amended under the home

rule village act, 1909 PA 278, MCL 78.1 to 78.28, or the home rule

city act, 1909 PA 279, MCL 117.1 to 117.38, and except as provided

in subsection (6), shall follow. Otherwise the incorporation shall

not take effect and no further proceedings on the petition shall

take place.

     (6) If on submission of a second charter, a favorable vote by

a majority of the electors residing in the area proposed for

incorporation is not obtained, the incorporation proceedings shall

be ended end and the charter commission shall have no further

authority to act or to submit another charter to the electors. If a

charter has not been adopted within a period of 2 3 years following

the date the commission's order becomes final, or if within the 2-

year 3-year period the charter commission does not reconvene within

90 days after the election at which the first proposed charter was

defeated, the incorporation proceedings are ended.

     Sec. 17. (1) The corporate status of the cities and villages

proposed for consolidation shall not be changed or in any way

affected until the charter takes effect.

     (2) If the charter first submitted for adoption is not

approved on the first vote taken by the electors, the charter

commission may thereupon reconvene and prepare a new charter, or

such prepare modifications or amendments to the first charter as

may seem advisable they consider necessary, and when so prepared

shall submit the revised charter to the electors in the same manner

and on a date to be fixed as in the first instance.

     (3) If on submission of the second charter a favorable vote by

a majority of the electors voting separately in the municipalities

proposed for consolidation is not obtained, the consolidation

proceedings shall be ended end and the charter commission shall

have no further authority to act or to submit another charter to

the electors.

     (4) If a charter has not been adopted within 2 3 years

following the date the commission's order became final, or if

within such 2-year the 3-year period the charter commission does

not reconvene within 90 days after the election at which the first

proposed charter was defeated, the consolidation proceedings shall

be ended end.