February 5, 2008, Introduced by Senators PATTERSON, BIRKHOLZ and BASHAM and referred to the Committee on Natural Resources and Environmental Affairs.
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 section 11b (MCL 123.1011b), as added by 1982 PA 192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11b. (1) If the commission, after determining the
validity of a petition or resolution for annexation, has ordered a
public
hearing pursuant to section 9 of Act No. 279 of the Public
Acts
of 1909, as amended, being section 117.9 of the Michigan
Compiled
Laws the home rule city act,
1909 PA 279, MCL 117.9, and
if on the date the petition or resolution was filed more than 100
persons resided in the area proposed for annexation, the
legislative body of each city and township affected by the proposed
annexation may pass a resolution calling for a referendum on the
question of annexation. If a copy of each resolution passed by the
legislative body of each affected city and township is filed with
the commission and the commission approves the annexation, the
commission, in its order approving the annexation, shall order that
a referendum on the question of annexation be held in each affected
city and township. If a resolution calling for a referendum on the
question of annexation is not passed by each affected city and
township and filed with the commission, the referendum and election
shall
be subject to section 9(5) of Act No. 279 of the Public Acts
of
1909, as amended 9 of the
home rule city act, 1909 PA 279, MCL
117.9. However, if a referendum in each affected city and township
is ordered pursuant to this section and if the majority of the
electorate voting on the question in each city and township in
which a referendum was held, voting separately, approve the
annexation, the annexation shall be effective on a date set by
order of the commission, otherwise the annexation shall not take
effect.
(2)
This section shall apply applies to all petitions or
resolutions for annexation filed with the commission after May 1,
1982.
(3) This section is an alternative to the referendum and
election
process provided for in section 9(5) of Act No. 279 of the
Public
Acts of 1909, as amended 9 of
the home rule city act, 1909
PA
279, MCL 117.9, and does not supersede section
9(5) of Act No.
279
of the Public Acts of 1909, as amended that section.
(4) A petition or resolution for annexation of territory in a
township with 100 or fewer residents is subject to the referendum
and election process provided for in section 9c of the home rule
city act, 1909 PA 279, MCL 117.9c.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No. 1080.
(b) Senate Bill No. 1082.
(c) Senate Bill No. 1079.
(d) Senate Bill No. 1081.
(e) Senate Bill No. 1078.