HOUSE BILL No. 6018

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

      A bill to amend 1989 PA 292, entitled

 

"Metropolitan councils act,"

 

by amending sections 9, 33, 49, 63, and 71 (MCL 124.659, 124.683,

 

124.699, 124.713, and 124.721), sections 9 and 33 as amended and

 

section 71 as added by 1998 PA 373 and sections 49 and 63 as

 

added by 1998 PA 375.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 9. (1) The articles of a metropolitan area council

 

 2  shall be adopted and may be amended by an affirmative vote of a

 

 3  majority of the members elected to and serving on the legislative

 

 4  body of each participating local governmental unit.

 

 5        (2) Before January 1, 2015, before the articles or

 

 6  amendments are adopted by any participating local governmental

 

 7  unit, the articles or amendments shall be published by the clerk


 

 1  of the largest participating local governmental unit at least

 

 2  once in a newspaper generally circulated within the participating

 

 3  cities, villages, and townships. Beginning January 1, 2015,

 

 4  before the articles or amendments are adopted by any

 

 5  participating local governmental unit, the clerk of the largest

 

 6  participating local governmental unit shall provide tier B public

 

 7  notice with a link of the articles or amendments as set forth in

 

 8  the local government public notice act.

 

 9        (3) The adoption of articles or amendments by the

 

10  legislative body of a local governmental unit shall be evidenced

 

11  by an endorsement on the articles or amendments by the clerk of

 

12  the local governmental unit in a form substantially as follows:

 

13        These articles of incorporation (or amendments) were adopted

 

14  by an affirmative vote of a majority of the members serving on

 

15  the legislative body of ___________________________,

 

16  _________________ at a meeting duly held on the ____ day of

 

17  __________, A.D., ____.

 

 

18                                    ___________________________

19                                         _________________    

 

 

20        (4) Upon adoption of the articles or amendments, a printed

 

21  copy of the articles or the amended articles shall be filed by

 

22  the clerk of the largest participating local governmental unit

 

23  with the secretary of state, the clerk of each county in which is

 

24  located all or part of a participating city, village, or

 

25  township, and the clerk of each participating city, village, or

 


 1  township.

 

 2        Sec. 33. (1) Except as otherwise provided in subsection (2),

 

 3  a local governmental unit participating in a council under this

 

 4  act may withdraw from membership in the council if all of the

 

 5  following conditions are met:

 

 6        (a) Adoption of a resolution by a majority of the members

 

 7  elected to and serving on the legislative body of the local

 

 8  governmental unit requesting withdrawal from membership.

 

 9        (b) Payment or the provision for payment is made regarding

 

10  any obligations of the local governmental unit to the council or

 

11  its creditors.

 

12        (2) If, upon withdrawal of a local governmental unit, the

 

13  local governmental unit has unpaid obligations to the council, a

 

14  tax levied by the council under this act before withdrawal of the

 

15  local governmental unit shall continue to be levied in the local

 

16  governmental unit, to the extent and in an amount needed to

 

17  satisfy the unpaid obligations, until the obligations are paid or

 

18  the tax expires, whichever happens occurs first. A local

 

19  governmental unit that withdraws from a council shall continue to

 

20  receive services from the council until the local governmental

 

21  unit is no longer required to pay a tax levied by the council.

 

22        (3) Withdrawal of a local governmental unit from a council

 

23  shall be evidenced by an amendment to the articles executed by

 

24  the secretary or, if the council has no secretary, by the

 

25  chairperson of the council and filed and published or posted in

 

26  the same manner as the original articles.

 

27        Sec. 49. (1) Except as provided in subsection (2), the

 


 1  articles of a metropolitan region council shall authorize each

 

 2  participating qualified county to receive up to 1/3 of any net

 

 3  revenues collected within that participating qualified county

 

 4  under section 47. The amount of up to 1/3 of net revenues

 

 5  received shall be expended to fund those cultural and

 

 6  recreational programs and facilities that are not primarily

 

 7  designed or used for professional sports.

 

 8        (2) A participating qualified county with a population of

 

 9  more than 2,000,000 1,500,000 persons according to the most

 

10  recent federal decennial census shall not receive any net

 

11  revenues collected within that county under section 47(2).

 

12  Instead, 1/3 of the net revenues collected in each city, village,

 

13  or portion of a township that is not incorporated as a city or

 

14  village shall be retained by that city, village, or portion of a

 

15  township, and those net revenues shall be expended by the

 

16  affected cities, villages, and portions of townships to fund only

 

17  cultural and recreational programs and facilities that are not

 

18  primarily designed or used for professional sports.

 

19        (3) Before January 1, 2015, before the articles or

 

20  amendments are adopted by any participating city, the articles or

 

21  amendments shall be published by the clerk of the participating

 

22  city at least once in a newspaper generally circulated within the

 

23  participating city. Beginning January 1, 2015, before the

 

24  articles or amendments are adopted by any participating city, the

 

25  clerk of the participating city shall provide tier B public

 

26  notice with a link of the articles or amendments as set forth in

 

27  the local government public notice act.

 


 1        (4) Before January 1, 2015, before the articles or

 

 2  amendments are adopted by participating qualified counties, the

 

 3  articles or amendments shall be published by the clerk of each

 

 4  participating qualified county at least once in a newspaper

 

 5  generally circulated within that county. Beginning January 1,

 

 6  2015, before the articles or amendments are adopted by

 

 7  participating qualified counties, the clerk of each participating

 

 8  qualified county shall provide tier B public notice with a link

 

 9  of the articles or amendments as set forth in the local

 

10  government public notice act.

 

11        (5) (4) The adoption of articles or amendments by the

 

12  legislative body of a participating county or city shall be

 

13  evidenced by an endorsement on the articles or amendments by the

 

14  clerk of the participating county or city in a form substantially

 

15  as follows:

 

16        These articles of incorporation (or amendments) were adopted

 

17  by an affirmative vote of a majority of the members serving on

 

18  the legislative body of ___________________________,

 

19  _________________ at a meeting duly held on the ____ day of

 

20  __________, A.D., ____.

 

 

21                                    ___________________________

22                                          _________________    

 

 

23        (6) (5) Upon adoption of the articles or amendments by a

 

24  metropolitan region council, the clerk of each participating

 

25  county shall file in that county and with the secretary of state

 

26  a printed copy of the adopted or amended articles.


 

 1        Sec. 63. (1) Except as otherwise provided in subsection (2),

 

 2  a participating qualified county or qualified city may withdraw

 

 3  from membership in the metropolitan region council if all of the

 

 4  following conditions are met:

 

 5        (a) Adoption of a resolution by a majority of the members

 

 6  elected to and serving on the legislative body of the qualified

 

 7  county or qualified city requesting withdrawal from membership.

 

 8        (b) Payment or the provision for payment is made regarding

 

 9  any obligations of the qualified county or qualified city to the

 

10  metropolitan region council or its creditors.

 

11        (2) If, upon withdrawal, a qualified county or qualified

 

12  city has unpaid obligations to the metropolitan region council

 

13  that arose under section 47(2) before withdrawal of the qualified

 

14  county or qualified city, the obligations shall continue to be

 

15  imposed in the qualified county or qualified city, to the extent

 

16  and in an amount needed to satisfy the unpaid obligations, until

 

17  the obligations are paid or expire, whichever happens occurs

 

18  first. A qualified county or qualified city that withdraws from a

 

19  metropolitan region council shall continue to receive services

 

20  from the council until that qualified county or qualified city is

 

21  no longer required to satisfy an obligation imposed by the

 

22  council under section 47(2).

 

23        (3) Withdrawal of a qualified county or qualified city from

 

24  a metropolitan region council shall be evidenced by an amendment

 

25  to the articles executed by the secretary or, if the council has

 

26  no secretary, by the chairperson of the council and filed and

 

27  published or posted in the same manner as the original articles.


 

 1        Sec. 71. (1) The articles of a metropolitan arts council

 

 2  shall be adopted and may be amended by an affirmative vote of a

 

 3  majority of the county commissioners.

 

 4        (2) Before January 1, 2015, before the articles or

 

 5  amendments are adopted by the county commission, the articles or

 

 6  amendments shall be published by the county clerk. The Before

 

 7  January 1, 2015, the county clerk shall publish the articles or

 

 8  amendments at least once in a newspaper generally circulated

 

 9  within the county. Beginning January 1, 2015, before the articles

 

10  or amendments are adopted by the county commission, the county

 

11  clerk shall provide tier B public notice with a link of the

 

12  articles or amendments as set forth in the local government

 

13  public notice act.

 

14        (3) The adoption of articles or amendments by the county

 

15  commission shall be evidenced by an endorsement on the articles

 

16  or amendments by the county clerk in a form substantially as

 

17  follows:

 

18        These articles of incorporation (or amendments) were adopted

 

19  by an affirmative vote of a majority of the members serving on

 

20  the county commission of ___________________________,

 

21  _________________ at a meeting duly held on the ____ day of

 

22  __________, A.D., ____.

 

 

23                                    ___________________________

24                                          _________________    

 

 

25        (4) Upon adoption of the articles or amendments, a printed

 


 1  copy of the articles or the amended articles shall be filed by

 

 2  the clerk of the county and with the secretary of state.

 

 3        Enacting section 1. This amendatory act does not take effect

 

 4  unless House Bill No. 5560 of the 97th Legislature is enacted

 

 5  into law.