September 9, 2014, Introduced by Rep. Graves and referred to the Committee on Local Government.
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 sections 28 and 72a (MCL 41.28 and 41.72a), section 28
as amended by 1989 PA 77 and section 72a as amended by 1999 PA 198.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
28. The Before January 1,
2015, the township clerk,
within 2 days after receiving an order for a special township
meeting
of the electors, shall cause copies post copies of the
order in 3 of the most public places in the township, and if there
is a newspaper printed in the township, he or she shall also
publish a copy of the order in that newspaper, if practicable, at
least 5 days before the day appointed for the special township
meeting of the electors. Beginning January 1, 2015, public notice
of an order for a special township meeting of the electors shall be
provided by the township clerk in the manner required under the
open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Sec. 72a. (1) The township board shall provide by resolution
for the time and place of its regular meetings, and shall hold not
less than 1 regular meeting every 3 months. If a time set for a
regular meeting of the township board is a holiday, as designated
by the township board, the regular meeting shall be held at the
same time and place on the next secular day that is not a holiday.
(2) A special meeting of the township board shall be held at a
time fixed by the board at a meeting or when the supervisor
considers it necessary. Upon call of the supervisor, the township
clerk shall give notice of the time and place of the meeting to
each member, either in person or by leaving a written notice at the
member's address. A special meeting of the township board shall be
called by the township clerk upon receiving a written request for
the meeting signed by a majority of the township board members.
(3) The supervisor, if present, shall be the moderator of a
regular or special meeting of the township board. If the supervisor
is not present, the township board, under the direction of the
township clerk, shall elect by voice vote a member of the township
board as a moderator of the meeting. The township clerk has the
same powers and duties as the moderator until a moderator is
chosen.
(4) The township board shall not transact business at a
special meeting unless the business was stated in the notice of the
meeting. However, if all the members of the board are present at a
special meeting, business that might lawfully come before a regular
meeting of the board may be transacted at the special meeting.
(5)
Subject Before January 1,
2015 and subject to subsection
(6), if a township has a taxable value, as calculated under section
27a
of the general property tax act, 1893 PA 206, MCL 211.27A, MCL
211.27a, of $50,000,000.00 or more, the township board, not more
than 21 days after a meeting of the board, shall publish the
proceedings of the meeting in a newspaper of general circulation in
the township. Beginning January 1, 2015 and subject to subsection
(6), if a township has a taxable value, as calculated under section
27a of the general property tax act, 1893 PA 206, MCL 211.27a, of
$50,000,000.00 or more, the township board, not more than 21 days
after a meeting of the board, shall provide tier B public notice
with a link of the proceedings of the meeting as set forth in the
local government public notice act. The publication, or posting
under the local government public notice act, of a synopsis of the
proceedings, prepared by the township clerk and approved by the
supervisor, showing the substance of each separate proceeding of
the board is a sufficient compliance with the requirements of this
subsection.
(6) The $50,000,000.00 amount provided for in subsection (5)
shall be adjusted as of January 1 of each year, beginning January
1, 1998. The department of treasury shall determine on or before
December 1 of each year, beginning December 1, 1997, an adjusted
amount for the following year. The adjusted amount for each year
shall be determined by comparing the consumer price index for the
12-month period ending the preceding October 31 with the
corresponding consumer price index of 1 year earlier. The
percentage increase or decrease shall then be multiplied by the
current adjusted amount. The product shall be rounded up to the
nearest multiple of $1,000,000.00 and shall be the new adjusted
amount. The department of treasury shall provide the adjusted
amount upon request. As used in this section, "consumer price
index" means the annual average percentage increase in the Detroit
consumer price index for all items as reported by the United States
department of labor.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.