HOUSE BILL No. 6176


     November 30, 2000, Introduced by Reps. Ruth Johnson, Toy, Rocca and Gosselin and referred to the Committee on
Constitutional Law and Ethics.


        A bill to amend 1909 PA 278, entitled

   "The home rule village act,"

   by amending sections 4, 7, 14, 17, and 26 (MCL 78.4, 78.7, 78.14,

   78.17, and 78.26), section 26 as amended by 1995 PA 211.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 4.  Said  A petition UNDER SECTION 3 shall be

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      addressed to the board of  supervisors  COMMISSIONERS of the

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      county in which the territory to be affected by  such  THE pro-

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      posed incorporation, consolidation, or change of boundaries is

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      located  ,  and shall be filed with the clerk of  said  THE
   board

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      OF COMMISSIONERS not less than 30 days before the  convening of

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      such  THE board OF COMMISSIONERS CONVENES in regular session  ,
   

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      or in  any  A special session called  for the purpose of

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      considering said  TO CONSIDER THAT petition.  , and if, before

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      final action thereon, it shall appear to said board or  IF a


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      majority  thereof  OF THE BOARD OF COMMISSIONERS DETERMINES that

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       said  THE petition or the  signing thereof does 
   SIGNATURES DO

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      not conform to this act  ,  or THAT THE PETITION contains incor-

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      rect statements, THE BOARD OF COMMISSIONERS SHALL TAKE no further

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      proceedings  pursuant to said  ON THAT petition.  shall be had,

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      but, if it shall appear  IF A MAJORITY OF THE BOARD OF COMMIS-

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      SIONERS DETERMINES that  said  THE petition conforms  in all

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      respects  to  the provisions of  this act  ,
    and that the state-

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      ments contained  therein  IN THE PETITION are true,  said 
   THE

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      board of  supervisors  COMMISSIONERS shall, by resolution, pro-

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      vide that the question of making the proposed incorporation,

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      consolidation, or change of boundaries shall be submitted to the

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      qualified electors of the district to be affected at the next

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       general  REGULARLY SCHEDULED election.  , if one shall occur in

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      not less than 40 days and not more than 90 days after the adop-

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      tion of such resolution, and if no general election is to occur

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      within such period, said resolution shall fix a date within such

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      period for a special election on such question.  After the adop-

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      tion of  such  THE resolution, neither the sufficiency nor legal-

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      ity of the petition on which it is based may be questioned in any

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      proceeding.

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           Sec. 7.  When  IF the territory to be affected by a pro-

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      posed incorporation, consolidation, or change  ,  is  situated
   

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      LOCATED in more than 1 county, the petition shall be addressed

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      and presented to the secretary of state.  The secretary of state

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      shall examine  such  THE petition  ,  and the ACCOMPANYING

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      affidavits.  annexed, and if he shall find  IF THE SECRETARY OF



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      STATE FINDS that the  same  PETITION conforms to the provisions

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      of this act, he OR SHE shall so certify  ,  and transmit THE CER-

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      TIFICATE OF CONFORMITY, a certified copy of  said  THE petition,

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      and the accompanying affidavits to the clerk of each city,

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      village, or township  to be  THAT IS POTENTIALLY affected by the

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       carrying out of the purposes of such  petition.  , together with

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      his certificate as above provided, and  THE SECRETARY OF STATE

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      SHALL ALSO TRANSMIT a notice directing that at the next  general 

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      REGULARLY SCHEDULED election occurring not less than 40 days

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       thereafter  AFTER THE TRANSMITTAL, the question of making the

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      incorporation, consolidation, or change of boundaries petitioned

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      for shall be submitted to the electors of the district to be

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      affected.  , and if no general election is to be held within 90

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      days, the notice may fix a date preceding the next general elec-

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      tion by at least 60 days for a special election on the question. 

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      If  he shall find  THE SECRETARY OF STATE FINDS that  said 
   THE

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      petition and the ACCOMPANYING affidavits  annexed thereto  do not

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      conform to the provisions of this act, he OR SHE shall certify

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       to  that fact  ,  and return  said  THE
   petition and

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      ACCOMPANYING affidavits to the person from whom they were

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      received,  together  ALONG with  such  THE certificate OF

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      NONCONFORMITY.  The  several  city, village, and township clerks

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      who  shall  receive THE COPIES AND CERTIFICATE OF CONFORMITY from

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      the secretary of state  the copies and certificates above pro-

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      vided for,  shall give notice of the election to be held on the

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      question of making the incorporation, consolidation, or change of





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      boundaries petitioned for in the same manner as provided for in

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      section 6.  of this act. 

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           Sec. 14.  (1)  Any village desiring to revise its charter

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      shall do so in the following manner, unless otherwise provided by

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      charter:  When its  A VILLAGE SHALL SUBMIT THE QUESTION OF A GEN-

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      ERAL CHARTER REVISION TO THE ELECTORS FOR ADOPTION OR REJECTION

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      IF EITHER OF THE FOLLOWING OCCURS:

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           (A) THE legislative body,  shall  by a 2/3 vote of the

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      members-elect,  declare  VOTES for a general revision of the

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      charter.  , or when an 

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           (B) AN initiatory petition IS signed by qualified electors

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      equal to at least  20 per centum  20% of the total vote cast for

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      president at the  last preceding  MOST RECENT PRESIDENTIAL elec-

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      tion,  and  IS verified by the person or persons who obtained

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       such  THE signatures,  shall be  AND IS presented 
   therefor,

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      the  FOR SUBMISSION TO THE ELECTORS.

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           (2) THE question of having a general charter revision shall

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      be submitted to the electors for adoption or rejection at the

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      next  municipal  REGULARLY SCHEDULED election.  or at a special

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      election.  In case the electors shall, by a majority vote,

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      declare in favor of such  IF A MAJORITY OF THE ELECTORS VOTING

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      APPROVE THE CHARTER revision, a charter commission shall be

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      selected.  consisting  THE CHARTER COMMISSION SHALL CONSIST of 5

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      electors who are freeholders  , to be elected at large on a

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      non-partisan ballot, having a residence of  AND WHO HAVE RESIDED

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      FOR at least 2 years in the municipality.  THE CHARTER COMMISSION





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      SHALL BE ELECTED AT LARGE ON A NONPARTISAN BALLOT. The 5

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      candidates having the greatest number of votes shall be elected.

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           (3) SUBSECTIONS (1) AND (2) DO NOT APPLY IF THE CHARTER PRO-

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      VIDES A DIFFERENT PROCESS FOR REVIEWING THE CHARTER.

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           Sec. 17.  Any  AN amendment to  any  AN existing
   VILLAGE

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      charter, whether passed pursuant to  the provisions of  this act

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      or  heretofore  granted or passed by the state legislature,  for

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      the government of a village,  may be submitted to the electors by

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      a 2/3 vote of the legislative body of the village  ,  or may be

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      petitioned for by not less than  20 per centum  20% of the number

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      of electors voting for president at the  last preceding  MOST

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      RECENT PRESIDENTIAL election.  , which  THE INITIATORY petition

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      shall be verified by the oath of the party or parties securing

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      the  same  SIGNATURES and filed with the village clerk.  Every

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      such  THE amendment shall be submitted to the electors at the

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      next  general or special  REGULARLY SCHEDULED election.  When the

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      amendment originates in the legislative body, it shall be pub-

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      lished and remain on the table for 30 days before action is taken

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       thereon  ON THE AMENDMENT.  The form in which  any  A
   proposed

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      amendment to a village charter shall be submitted on the ballot,

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      unless provided for in  the  AN initiatory petition, shall be

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      determined by resolution by the legislative body.

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           Sec. 26.  (1) A village shall not do any of the following:

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           (a) Submit to the electors a charter or a revision of a

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      charter more often than once in every 2 years or file it with the

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      village clerk less than 90 days before the election.  This

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      subdivision does not apply to the submission and resubmission of



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      charters to villages that may be incorporated under this act

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      until they have first adopted a charter.

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           (b) Call more than 2 special elections within 1 year TO FILL

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      VACANCIES IN VILLAGE OFFICES.  This prohibition does not apply

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      to elections that may be held in the submission and resubmission

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      of charters to villages that may be incorporated under this act

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      until they have first adopted a charter. 

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           (c) Change the salary or emoluments of a public official

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      after his or her election or appointment, or during his or her

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      term of office, if the office is held for a fixed term, or

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      shorten or extend the term of a public official from the period

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      for which he or she was elected or appointed, unless he or she is

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      removed for cause.

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           (d) Adopt a charter or amendment to a charter, unless

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      approved by a majority of the electors voting on the charter or

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      amendment at a  general or special  REGULARLY SCHEDULED

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      election.

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           (e) Authorize an issue of bonds unless approved at an elec-

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      tion by a majority of the electors of the village voting on the

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      issuance of the bonds.  This subdivision does not apply to spe-

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      cial assessment bonds, bonds for the village portion of local

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      improvements, not to exceed 40% of the cost of the improvement,

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      refunding bonds, bonds for relief from fire, flood, or calamity,

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      or for payment of judgments, or bonds that the legislative body

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      is authorized by specific statute to issue without vote of the

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      electors.





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           (f) Adopt a scheme for exemption from municipal taxation.

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           (g) Repudiate a debt by a change in its charter or by

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      consolidation with  any other  ANOTHER municipality.

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           (h) Incur indebtedness by the issue of bonds, or otherwise,

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      in a sum that, including existing indebtedness, exceeds 10% of

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      the assessed valuation of the real and personal property within

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      the village subject to taxation, as shown by the last assessment

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      roll of the village.  Bonds issued in anticipation of the collec-

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      tion of special assessments, even though they are a general obli-

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      gation of the village, motor vehicle highway fund bonds, revenue

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      bonds, and bonds issued, or contract or assessment obligations

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      incurred, to comply with an order of the department of environ-

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      mental quality or a court of competent jurisdiction, even though

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      they are a general obligation of the village, bonds issued, or

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      contract or assessment obligations incurred, for water supply,

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      sewerage, drainage, or refuse disposal projects necessary to pro-

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      tect the public health by abating pollution, even though they are

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      a general obligation of the village, and bonds issued or assess-

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      ments or contract obligations incurred for the construction,

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      improvement, or replacement of a combined sewer overflow abate-

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      ment facility are not included in this limitation.  Money on hand

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      in a sinking fund limited to the payment of indebtedness may be

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      treated as a reduction of the indebtedness to that extent.  If,

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      because of fire, flood, or other calamity, an emergency fund is

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      required for the relief of the inhabitants of the village or for

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      the repairing or rebuilding of any of its municipal buildings,

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      works, bridges, or streets, the legislative body of the village



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      may borrow money due in not more than 3 years and in an amount

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      not exceeding 1/4 of 1% of the assessed valuation of the village,

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      notwithstanding that the loan may increase the indebtedness of

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      the village beyond the limitations fixed by its charter or in

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      this subdivision.  If a village is authorized to acquire or oper-

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      ate a public utility, it may issue mortgage bonds for that pur-

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      pose beyond the general limit of bonded indebtedness prescribed

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      by law.  The mortgage bonds issued beyond the limit of general

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      indebtedness prescribed by law shall not impose a liability upon

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      the village, but shall be secured only upon the property and rev-

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      enues of the public utility, including a franchise, stating the

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      terms upon which, in case of foreclosure, the purchaser may oper-

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      ate the public utility.  The franchise shall not extend for a

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      period longer than 20 years from the date of the sale of the

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      public utility and franchise on foreclosure.  Bonds issued, or

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      contract or assessment obligations incurred, before July 31, 1973

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      are validated.  As used in this subdivision:

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           (i) "Combined sewer overflow" means a discharge from a com-

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      bined sewer system that occurs when the flow capacity of the com-

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      bined sewer system is exceeded.

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           (ii) "Combined sewer overflow abatement facility" means

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      works, instrumentalities, or equipment necessary or appropriate

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      to abate combined sewer overflows.

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           (iii) "Combined sewer system" means a sewer designed and

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      used to convey both storm water runoff and sanitary sewage, and

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      which contains lawfully installed regulators and control devices

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      that allow for delivery of sanitary flow to treatment during dry



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      weather periods and divert storm water and sanitary sewage to

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      surface waters during storm flow periods.

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           (iv) "Construction" means any action taken in the designing

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      or building of a combined sewer overflow abatement facility.

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      Construction includes, but is not limited to, all of the

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      following:

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           (A) Engineering services.

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           (B) Legal services.

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           (C) Financial services.

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           (D) Design of plans and specifications.

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           (E) Acquisition of land or structural components.

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           (F) Building, erection, alteration, remodeling, or extension

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      of a combined sewer overflow abatement facility.

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           (G) Village supervision of the project activities described

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      in sub-subparagraphs (A) to (F).

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           (v) "Improvement" means any action undertaken to expand,

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      rehabilitate, or restore a combined sewer overflow abatement

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      facility.

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           (vi) "Replacement" means action taken to obtain and install

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      equipment, accessories, or appurtenances during the useful life

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      of a combined sewer overflow abatement facility necessary to

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      maintain the capacity and performance for which the equipment,

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      accessories, or appurtenances are designed and constructed.

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           (i) Lay or collect taxes for municipal purposes except as

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      otherwise provided by law, at a rate in excess of 2% of the

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      assessed value of all real and personal property in the village.





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           (j) Issue bonds without creating a sinking fund for the

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      payment of the bonds, except special assessment bonds that are a

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      charge upon a special district created for the payment of the

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      bonds, and serial bonds payable annually.

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. __________ or House Bill

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      No. 6174 (request no. 06840'00) of the 90th Legislature is

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      enacted into law.








































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