HB-6005, As Passed House, June 22, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 6005

                                                                             A bill to amend 1895 PA 3, entitled                                               

"The general law village act,"                                              

by amending sections 1 and 5 of chapter II and section 1 of                 

chapter III (MCL 62.1, 62.5, and 63.1), as amended by 2003 PA               

305.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1                               CHAPTER II                                      

2       Sec. 1.  (1) Except as provided in subsections (2) and (3),                 

3   in each village, the following officers shall be elected:  a                

4   president, 6 trustees, 1 clerk, and 1 treasurer.  The president             

5   and trustees constitute the council.  In all votes for which not            

6   less than a majority vote of council is required, the calculation           

7   of the number of votes required shall be based on the maximum               

8   number that constitutes council.                                            

9       (2) The council by a vote of 2/3 of the members of council                  

1   may provide by ordinance for the reduction in the number of                 

2   trustees to 4 or for the election of all trustees at the same               

3   election for 2-year terms at the first possible election after              

4   2004 who with the president shall constitute the council.  If               

5   village trustees are elected biennially for staggered 4-year                

6   terms,  or annually for staggered 2-year terms,  the ordinance              

7   shall as nearly as possible maintain staggered terms and provide            

8   for an equal number of seats to be filled at each election.  The            

9   ordinance may extend but shall not shorten the term of an                   

10  incumbent trustee.  The ordinance may extend a prospective term.            

11  The ordinance shall not shorten or eliminate a prospective term             

12  unless the nomination deadline for that term is not less than 30            

13  days after the effective date of the ordinance.  An ordinance               

14  adopted under this subsection shall satisfy both of the following           

15  conditions:                                                                 

16      (a) The ordinance shall be voted on and adopted at a meeting                

17  that occurs not less than 10 days after the initial meeting or              

18  public hearing at which the ordinance was considered.                       

19      (b) Notice of each meeting at which the ordinance is                        

20  considered indicating that an ordinance reducing the size of the            

21  council or to change the time of election of the trustees                   

22  comprising the council will be 1 of the subjects of the meeting             

23  shall be published not less than 10 days before the meeting in a            

24  newspaper of general circulation in the village.                            

25      (3) The council by a vote of 2/3 of the members of council                  

26  may provide by ordinance for the nomination by the president and            

27  the appointment by the council of the clerk or the treasurer or             

1   both for such a term as the ordinance may provide.  The ordinance           

2   shall apply beginning with the first term the nomination deadline           

3   for which would have been not less than 30 days after the                   

4   effective date of the ordinance or shall apply when the office is           

5   vacated, whichever occurs first.                                            

6       (4) The council shall provide that an ordinance adopted under               

7   subsection (2) or (3) takes effect 45 days after the date of                

8   adoption unless a petition signed by not less than 10% of the               

9   registered electors of the village is filed with the village                

10  clerk within the 45-day period, in which case the ordinance takes           

11  effect upon approval at an election held on the question.  Notice           

12  of the delayed effect of the ordinance and the right of petition            

13  under this subsection shall be published separately at the same             

14  time, and in the same manner, as the ordinance is published                 

15  pursuant to section 4 of chapter VI.  The village clerk shall               

16  verify the signatures on the petitions.  If a petition bearing              

17  the required number of valid signatures of electors is filed, the           

18  question of adoption of the ordinance shall be submitted at the             

19  next general or special election.  The ballot language for the              

20  question shall be prepared by the village clerk, unless the                 

21  question concerns the appointment of the clerk under subsection             

22  (2), in which case the ballot language shall be prepared by the             

23  village council.                                                            

24      (5) A village that has adopted an ordinance reducing the                    

25  number of trustees to 4 or providing for the appointment by the             

26  council of the clerk or treasurer may increase the number of                

27  trustees to 6 or provide for the election of the clerk or                   

1   treasurer by the same process as provided in subsection (2) or              

2   (3), respectively, and in subsection (4).                                   

3       Sec. 5.  Except as otherwise provided in this section, 3                    

4   village trustees shall be elected at each biennial village                  

5   election for the term of 4 years and until their successors are             

6   qualified.  As an alternative, if provided by an ordinance                  

7   adopted by the village  before January 1, 1974,  all 6 village              

8   trustees shall be elected at the biennial village elections for             

9   the term of 2 years and until their successors are qualified.               

10  The term of office for a trustee elected at the village's regular           

11  election begins on 1 of the following dates:                                

12      (a) If the regular election is held at the general election,                

13  November 20 after the officer's election and qualification.                 

14      (b) If the regular election is held at the September primary                

15  election, October 1 after the officer's election and                        

16  qualification.                                                              

17                             CHAPTER III                                      

18      Sec. 1.  (1) An election under this act shall be held at a                  

19  place in the village as the council designates.                             

20      (2) Notwithstanding a charter provision or ordinance                        

21  providing otherwise, the day on which a village holds its regular           

22  or a special election is governed by the Michigan election law,             

23  1954 PA 116, MCL 168.1 to 168.992, or by a resolution adopted in            

24  compliance with section 642 or 642a of the Michigan election law,           

25  1954 PA 116, MCL 168.642 and 168.642a.