HB-4394, As Passed House, October 16, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4394

     A bill to amend 1846 RS 16, entitled

"Of the powers and duties of townships, the election and duties of

township officers, and the division of townships,"

by amending section 8 (MCL 41.8), as amended by 1990 PA 101.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 8. (1) Except as otherwise provided in this section, an

annual meeting of the electors of each township shall be held on

the last Saturday in the last month of each fiscal year, at the

time and place selected by the township board. However, the annual

meeting may be held on an alternate date if the alternate date is

approved by a majority of the township board and is in the last

month of the township's fiscal year.

     (2) The business performed at a meeting of the electors of a

township shall be conducted at a public meeting held in compliance

with the open meetings act, Act No. 267 of the Public Acts of 1976,

as amended, being sections 15.261 to 15.275 of the Michigan

Compiled Laws. 1976 PA 267, MCL 15.261 to 15.275. Public notice of

the time, date, and place of the meeting shall be given by the

township clerk in the manner required by Act No. 267 of the Public

Acts of 1976, as amended, the open meetings act, 1976 PA 267, MCL

15.261 to 15.275, and as provided by section 2 of Act No. 43 of the

Public Acts of the Second Extra Session of 1963, being section

141.412 of the Michigan Compiled Laws, 1963 (2nd Ex Sess) PA 43,

MCL 141.412, except as provided in subsection (3).

     (3) In a township having less than 200 registered electors,

the township board may provide that notice need not be given as

provided in section 2 of Act No. 43 of the Public Acts of the

Second Extra Session of 1963, 1963 (2nd Ex Sess) PA 43, MCL

141.412, but shall be posted in 3 of the most public places of the

township.

     (4) The electors meeting at the place designated shall

transact lawful business by majority vote.

     (5) In a township other than a charter township, the township

board, by resolution, may, or on the filing of petitions signed by

a number of registered electors of the township equal to not less

than 5% of the electors who voted for township supervisor at the

immediately preceding township supervisor election of the township,

shall, submit the question of the reestablishment of the annual

meeting of the electors to the electors of the township at the next

regular primary election or general election. The resolution or

petitions shall be filed with the township clerk not less than 70

days later than 4 p.m. on the twelfth Tuesday before the election

at which the question is submitted. If a majority of the electors

of the township voting on the question votes to reestablish the

annual meeting of the electors, the annual meeting of the electors

is reestablished for that township, and the electors at the annual

meeting shall reassume powers conferred by statute. Once the annual

meeting has been reestablished by a vote of the people, the annual

meeting may only be abolished by a resolution of the township board

submitting the question of the abolition of the annual meeting to

the electors of the township at the next regular primary or general

election.

     (6) Except as provided in subsection (5), a township is not

required to hold an annual meeting of the electors of the township

unless the township board, by resolution, elects to hold an annual

meeting.

     (7) In a township that does not hold an annual meeting, powers

that could have been exercised by the electors at an annual meeting

may be exercised by the township board.

     Enacting section 1. This amendatory act takes effect 120 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4393 of the 97th Legislature is enacted into

law.