March 7, 2013, Introduced by Reps. Howrylak, Jacobsen, VerHeulen, Outman, Pagel, Victory and Cotter and referred to the Committee on Elections and Ethics.
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 fifteenth
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 Senate Bill No. ____ or House Bill No. 4393(request no.
01399'13) of the 97th Legislature is enacted into law.