November 8, 2018, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 5 (MCL 117.5), as amended by 2011 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A city does not have power to do any of the
following:
(a) To increase the rate of taxation now fixed by law, unless
the authority to do so is given by a majority of the electors of
the city voting at the election at which the proposition is
submitted, but the increase in any case shall not be in an amount
as to cause the rate to exceed 2%, except as provided by law, of
the assessed value of the real and personal property in the city.
(b) To submit to the electors a charter more often than once
in
every 2 years, nor or unless the charter is filed with the city
clerk
60 days before the election. , but this provision shall This
subdivision does not apply to the submission and resubmission of
charters
of cities that may be incorporated under this act until
they
shall have first a charter until
the city has first adopted a
charter .
Where a city submits to the electors a charter and the
charter
under this act. If a charter
that has not been on file with
the city clerk for 60 days is adopted by the electors, and the city
has
operated under the charter, which charter has not, at the time
it
is adopted, been on file with the city clerk 60 days, then the
legislative body of the city, upon its giving the notice of
election as provided in the charter, may resubmit the charter to
the
electors, at a special or general election. , the charter,
which,
if If the resubmitted charter
is adopted by the electors,
shall
be considered it is operative and effective as of the date of
the first submission and adoption. The charter shall not be
resubmitted unless 60 days have elapsed between the date of the
filing of the charter and the date of the election at which the
charter is resubmitted.
(c) To call more than 2 special elections within 1 year. This
prohibition does not apply to elections that may be held in the
submission
and resubmission of charters of cities that may be
incorporated
under this act until they have a
charter before the
city has first adopted a charter, and does not apply to elections
that may be held in the resubmission of a charter once adopted as
provided in subdivision (b).
(d) To decrease the salary of a municipal judge after his or
her election or appointment, or during the judge's term of office,
notwithstanding any charter provision to the contrary. The term of
a public official shall not be shortened or extended beyond the
period for which the official is elected or appointed, unless he or
she resigns or is removed for cause, if the office is held for a
fixed term.
(e) To adopt a charter or an amendment to the charter unless
approved by a majority of the electors voting on the question; to
sell a park, cemetery, or any part of a park or cemetery, except
where the park is not required under an official master plan of the
city; to engage in a business enterprise requiring an investment of
money in excess of 10 cents per capita; or to authorize an issue of
bonds except bonds issued in anticipation of the collection of
taxes actually levied and uncollected or for which an appropriation
has been made; bonds that the city is authorized by its charter to
issue as part of its budget system, to an amount that in any year,
together with the taxes levied for the same year, will not exceed
the limit of taxation authorized by law; special assessment bonds;
bonds for the city's portion of local improvements; refunding
bonds; emergency bonds as defined by this act; and bonds that the
legislative body is authorized by specific statute to issue without
vote of the electors, unless approved by a majority of the electors
voting on the question at a general or special election. In
addition,
a city that now has, or may subsequently have, with a
population
of 750,000 persons or more may issue bonds, upon
resolution of its governing body, without prior approval of the
electors ,
which if the city is authorized by its charter to issue
the
bonds as part of its budget system ,
to an and if the amount
that
in any year, together with the ad
valorem taxes levied for the
same year, exclusive of debt service taxes or taxes levied pursuant
to other laws, will not exceed 2-1/2% of the assessed value of the
real
and personal property in the city, this limitation to
supersede
and take the place of notwithstanding
any contrary
language in any existing city charter. For the purposes of this
subdivision only, the assessed value of real and personal property
in any city shall include the assessed value equivalent of money
received during the city's fiscal year under the Glenn Steil state
revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921.
The assessed value equivalent shall be calculated by dividing the
money received by the city's millage rate for the fiscal year.
Notwithstanding the former provisions of this subdivision requiring
approval by 3/5 of the electors voting on the question as a
prerequisite to the exercise of certain powers, these powers may be
exercised if approved by a majority of the electors voting on the
question at a general or special election held on or after April 1,
1966.
(f) To make a contract with, or give an official position to,
one who is in default to the city.
(g) To issue bonds without providing a sinking fund to pay
them
at maturity, except as provided in section 4g(1) , but sinking
funds
shall not be required or in the case of serial bonds that
fall due annually. Bonds, whether authorized under this act or any
other act, except refunding bonds, revenue bonds, motor vehicle
highway fund bonds, rehabilitation bonds, judgment bonds, bonds or
other obligations issued to fund an operating deficit of a city,
bonds or other obligations to pay premiums or to establish funds to
self-insure for losses as authorized by the revised municipal
finance act, 2001 PA 34, MCL 141.2101 to 141.2821, bonds the
issuance of which has been approved by the voters, and bonds issued
to comply with an order of a court of competent jurisdiction shall
not be issued by a city unless notice of the issuance of the bonds
is published once in a newspaper of general circulation in the city
at
least 45 days before the issuance of the bonds. , within which
If,
within that period, a
petition may be for an
election on the
issuance of the bonds is filed with the legislative body and signed
by not less than 10% or 15,000 of the registered electors in the
city,
whichever is less, in which event the legislative body shall
submit the question of the issuance of the bonds to the electors of
the city, at a regular or special election in the city. The bonds
shall not be issued unless a majority vote of the electors voting
on the issuance vote in favor of issuing the bonds. The notice of
intent to issue bonds shall state the maximum amount of the bond
issue, the purpose of the bond issuance, source of payment, right
of referendum on the issuance of the bonds, and other information
as the legislative body determines to be necessary to adequately
inform the electors and all other interested persons of the nature
of the issue and of their rights with respect to the issue.
(h) To repudiate a debt by a change in its charter or by
consolidation with any other municipality.
(i) To submit a franchise to the electors at a special
election, unless the expense of holding the election, as determined
by the legislative body, is paid in advance to the city treasurer
by the grantee in the franchise.
(2)
Beginning on the effective date of the amendatory act that
added
this subsection, September
13, 2011, a city shall not adopt a
city
charter or ordinance that includes any a minimum staffing
requirement
for city employees. Except as otherwise provided in
this
subsection, any A provision in a city charter or ordinance
adopted
on or after the effective date of the amendatory act that
added
this subsection September 13,
2011, that contains a minimum
staffing requirement for city employees is void and unenforceable.
(3) This act is subject to the vegetation removal preemption
act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No._1188
of the 99th Legislature is enacted into law.