HOUSE BILL No. 6026

 

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

 

     A bill to amend 1933 PA 94, entitled

 

"The revenue bond act of 1933,"

 

by amending sections 6 and 33 (MCL 141.106 and 141.133), section 33

 

as amended by 1982 PA 188.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. The governing body of a public corporation by the

 

affirmative vote of a majority of its elected members, at the

 

meeting at which it is introduced or any subsequent meeting, may

 

adopt an ordinance relating to the exercise of the powers granted

 

in this act and to other matters necessary or desirable to

 

effectuate this act, to provide for the adequate operation of a

 

public improvement established under this act, and to insure the

 

security of bonds issued. The adoption shall be subject to

 

applicable statutory or charter provisions in respect to the

 


approval or disapproval of the chief executive or other officer of

 

the public corporation and the adoption of the ordinance over his

 

or her veto, except in case of the adoption of an ordinance under

 

this act by the board of commissioners of a county, it shall not be

 

necessary to submit the ordinance to the governor for approval. An

 

ordinance adopted under this act shall become effective upon its

 

adoption unless otherwise specified in the ordinance. It shall not

 

be subject to a referendum vote of the electors of the public

 

corporation except as provided in section 33. The ordinance shall

 

be recorded in the minutes of the meeting of the governing body of

 

the public corporation as soon as practicable after its passage.

 

The record shall be authenticated by the signatures of the

 

presiding officer and the clerk or other recording officer of the

 

governing body. The Through December 31, 2014, the ordinance shall

 

be published once in a newspaper of general circulation within the

 

boundaries of the public corporation. The Through December 31,

 

2014, the publication of the ordinance as a part of the minutes of

 

the meeting at which it was adopted, shall be considered a

 

publication in conformity with this act. Beginning January 1, 2015,

 

the governing body shall provide tier B public notice as provided

 

in the local government public notice act. Except as otherwise

 

provided in this act, this section shall constitute the sole

 

requirements in respect to the adoption and publication of an

 

ordinance and shall not be limited by a charter or statutory

 

provisions.

 

     Sec. 33. Unless otherwise provided in this act, the powers

 

conferred upon public corporations by this act shall be exercised

 


by their respective governing bodies and this act shall be

 

construed as authorizing the issuance of bonds under this act

 

without submitting the proposition for the approval of the

 

proposition to the voters of the borrowers. Except in the case of

 

refunding bonds or bonds issued to comply with an order of a court

 

or an order or permit requirement of a state or federal agency of

 

competent jurisdiction to prevent or limit pollution of the

 

environment, the governing body shall, through December 31, 2014,

 

publish a notice of intent to issue bonds. Beginning January 1,

 

2015, the governing body shall provide tier B public notice as

 

provided in the local government public notice act. If within 45

 

days after the publication providing notice of the notice a

 

petition, signed by not less than 10% or 15,000 of the registered

 

electors, whichever is less, residing within the limits of the

 

borrower, is filed with the clerk, or other recording officer, of

 

the borrower, requesting a referendum upon the question of the

 

issuance of the bonds, then the bonds shall not be issued until

 

approved by the vote of a majority of the electors of the borrower

 

qualified to vote and voting on the bonds at a general or special

 

election. The notice shall be directed to the electors of the

 

borrower, and, if the borrower is an authority, to the electors of

 

its constituent public corporations, and shall be published in a

 

newspaper which has general circulation in the territory of the

 

borrower, and shall state the maximum amount of bonds to be issued,

 

the purpose of the bonds, source of payment, right of referendum on

 

the bonds, and other information the governing body determines

 

necessary to adequately inform the electors of the nature of the

 


issue. A special election called for this purpose shall not be

 

included in a statutory or charter limitation as to the number of

 

special elections to be called within a period of time. Signatures

 

on the petition shall be verified by a person under oath, as the

 

actual signatures of the persons whose names are signed to the

 

petition, and the clerk, or other recording officer, of the

 

borrower shall have the same power to reject signatures and

 

petitions as city clerks pursuant to section 25 of Act No. 279 of

 

the Public Acts of 1909, as amended, being section 117.25 of the

 

Michigan Compiled Laws. the home rule city act, 1909 PA 279, MCL

 

117.25. The number of registered electors in any borrower shall be

 

determined by the township or city registration books, or both, or

 

if the borrower is a village, then by the village registration

 

books. Section 5(g) 5(1)(g) of Act No. 279 of the Public Acts of

 

1909, as amended, being section 117.5 of the Michigan Compiled

 

Laws, the home rule city act, 1909 PA 279, MCL 117.5, relative to

 

notice of intention to issue bonds, shall not apply to the

 

authorization of the issuance of bonds under this act.

 

     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.