June 10, 2003, Introduced by Reps. Steil, Hummel, Farhat, Brandenburg, Garfield, Drolet, Hoogendyk, Amos, Casperson, Emmons, Wenke, Tabor, Palsrok, Sheen, Stahl, Vander Veen, Acciavatti, LaJoy, Walker, Pastor, Stakoe, Meyer, Voorhees, Taub, Ward, Ruth Johnson, Rocca, Kooiman, Robertson, Moolenaar and Richardville and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending sections 3, 8, 11, 21, 25, 26, and 29 (MCL 117.3,
117.8, 117.11, 117.21, 117.25, 117.26, and 117.29), section 3 as
amended by 2002 PA 201, section 25 as amended by 1982 PA 200, and
section 29 as amended by 1994 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3. Each city charter shall provide for all of the
2 following:
3 (a) The election of a mayor, who shall be the chief executive
4 officer of the city, and of a body vested with legislative power,
5 and for the election or appointment of a clerk, a treasurer, an
6 assessor or board of assessors, a board of review, and other
7 officers considered necessary. The city charter may provide for
8 the selection of the mayor by the legislative body. Elections
1 may be by a partisan, nonpartisan, or preferential ballot, or by
2 any other legal method of
voting. Notwithstanding any other
3 another law or charter provision to the contrary, a city having a
4 1970 official population of more than 150,000, whose charter
5 provides for terms of office of less than 4 years, and in which
6 the term of office for the mayor and the governing body are of
7 the same length, may provide by ordinance for a term of office of
8 up to 4 years for mayor and other elected city officials. The
9 ordinance shall provide that the ordinance shall take effect 60
10 days after it is enacted unless within the 60 days a petition is
11 submitted to the city clerk signed by not less than 10% of the
12 registered electors of the city requesting that the question of
13 approval of the ordinance be submitted to the electors at the
14 next regular election or a special election called for the
15 purpose of approving or disapproving the ordinance.
16 (b) The nomination of elective officers by partisan or
17 nonpartisan primary, by petition, or by convention.
18 (c) The time, manner, and means of holding elections and the
19 registration of electors, subject to section 26 and other
20 applicable requirements of law.
21 (d) The qualifications, duties, and compensation of the
22 city's officers. If the city has an appointed chief
23 administrative officer, the legislative body of the city may
24 enter into an employment contract with the chief administrative
25 officer extending beyond the terms of the members of the
26 legislative body unless the employment contract is prohibited by
27 the city charter. An employment contract with a chief
1 administrative officer shall be in writing and shall specify the
2 compensation to be paid to the chief administrative officer, any
3 procedure for changing the compensation, any fringe benefits, and
4 any other conditions of employment. The contract shall
state
5 if the chief administrative officer serves at the pleasure of the
6 legislative body, and the contract may provide for severance pay
7 or other benefits in the event the chief administrative officer's
8 employment is terminated at the pleasure of the legislative
9 body.
10 (e) The establishment of 1 or more wards, and if the members
11 of the city's legislative body are chosen by wards, for equal
12 representation for each ward in the legislative body.
13 (f) That the subjects of taxation for municipal purposes are
14 the same as for state, county, and school purposes under the
15 general law.
16 (g) The annual laying and collecting taxes in a sum, except
17 as otherwise provided by law, not to exceed 2% of the taxable
18 value of the real and personal property in the city. Unless the
19 charter provides for a different tax rate limitation, the
20 governing body of a city may levy and collect taxes for municipal
21 purposes in a sum not to exceed 1% of the taxable value of the
22 real and personal property in the city. As used in this
23 subdivision, "taxable value" is that value determined under
24 section 27a of the general property tax act, 1893 PA 206,
25 MCL 211.27a.
26 (h) An annual appropriation of money for municipal purposes.
27 (i) The levy, collection, and return of state, county, and
1 school taxes in conformance with the general laws of this state,
2 except that the preparation of the assessment roll, the meeting
3 of the board of review, and the confirmation of the assessment
4 roll may be at the times provided in the city charter.
5 (j) The public peace and health and for the safety of persons
6 and property. In providing for the public peace, health, and
7 safety, a city may expend funds or enter into contracts with a
8 private organization, the federal or state government, a county,
9 village, or township, or another city for services considered
10 necessary by the legislative body. Public peace, health, and
11 safety services may include the operation of child guidance and
12 community mental health clinics, the prevention, counseling, and
13 treatment of developmental disabilities, the prevention of drug
14 abuse, and the counseling and treatment of drug abusers.
15 (k) Adopting, continuing, amending, and repealing the city
16 ordinances and for the publication of each ordinance before it
17 becomes operative. Whether or not provided in its charter,
18 instead of publishing a true copy of an ordinance before it
19 becomes operative, the city may publish a summary of the
20 ordinance. If the city publishes a summary of the ordinance, the
21 city shall include in the publication the designation of a
22 location in the city where a true copy of the ordinance can be
23 inspected or obtained. Any
A charter provision to the contrary
24 notwithstanding, a city may adopt an ordinance punishable by
25 imprisonment for not more than 93 days or a fine of not more than
26 $500.00, or both, if the violation substantially corresponds to a
27 violation of state law that is a misdemeanor for which the
1 maximum period of imprisonment is 93 days. Whether or not
2 provided in its charter,
a city may adopt a provision of any a
3 state statute for which the maximum period of imprisonment is 93
4 days, the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
5 257.923, or a law, code, or rule that has been promulgated and
6 adopted by an authorized agency of this state pertaining to fire,
7 fire hazards, fire prevention, or fire waste, and a fire
8 prevention code, plumbing code, heating code, electrical code,
9 building code, refrigeration machinery code, piping code, boiler
10 code, boiler operation code, elevator machinery code, or a code
11 pertaining to flammable liquids and gases or hazardous chemicals,
12 that has been promulgated by this state, by a department, board,
13 or other agency of this state, or by an organization or
14 association that is organized and conducted for the purpose of
15 developing the code, by reference to the law, code, or rule in an
16 adopting ordinance and without publishing the law, code, or rule
17 in full. The law, code, or rule shall be clearly identified in
18 the ordinance and its purpose shall be published with the
19 adopting ordinance. Printed copies of the law, code, or rule
20 shall be kept in the office of the city clerk, available for
21 inspection by, and distribution to, the public at all times. The
22 publication shall contain a notice stating that a complete copy
23 of the law, code, or rule is made available to the public at the
24 office of the city clerk in compliance with state law requiring
25 that records of public bodies be made available to the general
26 public. A city shall not
enforce any a provision adopted by
27 reference for which the maximum period of imprisonment is greater
1 than 93 days.
2 (l) That the business of the legislative body shall be
3 conducted at a public meeting held in compliance with the open
4 meetings act, 1976 PA 267, MCL 15.261 to 15.275. All records of
5 the municipality shall be made available to the general public in
6 compliance with the freedom of information act, 1976 PA 442,
7 MCL 15.231 to 15.246.
8 (m) Keeping in the English language a written or printed
9 journal of each session of the legislative body.
10 (n) A system of accounts that conforms to a uniform system of
11 accounts as required by law.
12 Sec. 8. (1) Said
petition Subject to subsections (2) and
13 (3), a petition filed under section 6 shall be addressed to the
14 county board of supervisors
commissioners of the county in
15 which the territory to be
affected by such the proposed
16 incorporation, consolidation, or change of boundaries is located,
17 and shall be filed with
the clerk of said board the county
18 board of commissioners not less than 30 days before the convening
19 of such the
board in regular session, or in any special session
20 called for the purpose of
considering said the petition. , and
21 if, before final
action thereon, it shall appear to said board or
22 a majority thereof
that said petition or the signing thereof does
23 not conform to this
act, or contains incorrect statements, no
24 further proceedings
pursuant to said petition shall be had, but,
25 if it shall appear
that said petition conforms in all respects to
26 the provisions of this
act, and that the statements contained
27 therein are true, said
board of supervisors The county
board of
1 commissioners shall by resolution determine whether the petition
2 complies with the requirements of this act and whether the
3 statements contained in the petition are correct. If the board
4 determines that the petition does not comply with the
5 requirements of this act or that the statements contained in the
6 petition are not correct, the board shall not conduct further
7 proceedings on the petition. Subject to subsection (4), if the
8 board determines that the petition complies with the requirements
9 of this act and that the statements contained in the petition are
10 correct, the board shall, by resolution, provide that the
11 question of making the proposed incorporation, consolidation, or
12 change of boundaries shall
be submitted to the qualified
13 electors of the district to be affected at the next general
14 election , occurring
in not less than 40 days after the adoption
15 of such resolution,
and if no general election is to occur within
16 90 days, said
resolution may fix a date preceding said general
17 election for a special
election on such question: Provided,
18 however, That whenever
or at a special election before
the next
19 general election. The question shall not be submitted at an
20 election to be held less than 60 days after the adoption of the
21 resolution.
22 (2) If it is proposed to incorporate an incorporated village
23 as a city without change
of boundaries, the both of the
24 following apply:
25 (a) The initiatory
petition herein provided for under
26 section 6 shall be addressed to the village council or other
27 legislative body of such
the village and shall be filed with
1 the village clerk at least 30 days before final action is taken
2 thereupon and in such
case all acts and duties provided in this
3 act to be performed by
the board of supervisors shall be
4 performed by the
common council of such village and all acts and
5 duties provided in
this act to be performed by the clerk of the
6 board of supervisors
shall be performed by the village clerk:
7 Provided further, That
a on the petition.
8 (b) The powers and duties of the county board of
9 commissioners and county clerk under subsection (1) are assigned
10 to the village council and village clerk, respectively.
11 (3) A petition
covering the same territory, or part thereof
12 of the same territory, shall not be considered by the county
13 board of supervisors
oftener commissioners more often than once
14 in every 2 years, unless such
the petition shall have been is
15 signed by a number not
less than 35% of taxpayers assessed for
16 real property taxes
within the area proposed to be annexed whose
17 names appear on the
latest assessment rolls therein under the
18 requirements of the
general property tax , equal to 35% of the
19 total number of names
which appear on the assessment rolls
20 prepared pursuant to
said act, 1893 PA 206, MCL 211.1
to
21 211.157, as being assessed for real property taxes within the
22 area proposed to be
annexed. , and it shall be the duty of the
23 The assessing officers who are charged with the duty of assessing
24 real property within the
area proposed to be annexed to shall
25 report as of the date on which the petition is filed the total
26 number of names on such
the rolls, within such that area, to
27 the clerk of the board
of supervisors county board of
1 commissioners not more
than 14 days after said the filing date.
2 : Provided, That no
vote shall be required
3 (4) A vote is not required if the city owns the land sought
4 to be annexed.
5 (5) After the
adoption of such a resolution under
6 subsection (1) submitting a question to a vote of the electors,
7 neither the sufficiency
nor legality of the petition on which it
8 is based under section 6 may be questioned in any proceeding.
9 Sec. 11. (1) When
If the territory to be affected by
10 any a proposed incorporation, consolidation,
or change of
11 boundaries is situated in more than 1 county, the petition
12 hereinbefore provided
under section 6 shall be
addressed and
13 presented to the
secretary of state. , with The petition shall
14 be accompanied by 1 or
more affidavits attached thereto sworn
15 to by 1 or more of the signers of said the
petition ,
16 showing that all
of the following:
17 (a) That the
statements contained in said the petition are
18 true. , that
19 (b) That each
signature affixed thereto to the petition is
20 the genuine actual
signature of a qualified elector residing in
21 a city, village, or township to be affected by the carrying out
22 of the purposes of the
petition. and that
23 (c) That not
less than 25 of such the petition signers
24 reside in each city, village, or township to be affected.
25 thereby.
26 (2) The
secretary of state shall examine such the petition
27 and the accompanying
affidavit or affidavits. annexed, and if he
1 shall find that the
same conforms to the provisions If
the
2 secretary of state finds that the petition and accompanying
3 affidavit or affidavits comply with the requirements of this act,
4 he or she shall so
certify , and shall transmit the certificate
5 and a certified copy of said
the petition and the accompanying
6 affidavit or affidavits to the clerk of each city, village, or
7 township to be affected
by the carrying out of the purposes of
8 such petition proposal, together with his certificate as
above
9 provided, and a notice directing that at the next general
10 election occurring not
less than 40 days thereafter the
question
11 of making the incorporation, consolidation, or change of
12 boundaries petitioned for
, shall be submitted to the electors
13 of the district to be
affected. , and if no general election is
14 to be held within 90
days the resolution may fix a date preceding
15 the next general
election for a special election on the
16 question. If he shall
find that said The notice shall
provide
17 that the question shall be submitted at the next general election
18 or at an election before the next general election. However, the
19 question shall not be submitted at an election to be held less
20 than 60 days after the date of transmittal of the certificate.
21 (3) If the secretary of state finds that the petition and the
22 accompanying affidavit or
affidavits annexed thereto do not
23 conform to the
provisions comply with the
requirements of this
24 act, he or she
shall certify to that fact , and shall return
25 said the petition and affidavits to the person from
whom they
26 were received, together
along with such the certificate.
27 (4) The several
city, village, and township clerks who
1 shall receive from the secretary of state the copies and
2 certificates above provided
for in subsection (2) shall give
3 notice of the election to be held on the question of making the
4 proposed incorporation, consolidation, or change of boundaries as
5 provided for in section
10. of this act.
6 Sec. 21. (1) Any
An amendment to an existing city
7 charter, whether passed
pursuant to the provisions of the
8 charter was adopted under
this act or heretofore formerly
9 granted or passed by the legislature for the government of a
10 city, may from time to
time be amended in the manner following:
11 An amendment may be proposed by the legislative body of a city
12 on a 3/5 vote of the members-elect or by an initiatory petition.
13 as herein provided,
and in case the same If the amendment
is
14 proposed by the
legislative body of the city, then the same the
15 amendment shall be
submitted to the electors of such the city
16 at the next regular municipal or general state election, or at a
17 special election, to
be held in such city held not less than 60
18 days after the proposal
of such the amendment. , and in case
19 If the amendment is
proposed by an initiatory petition, as
20 herein provided, then
the same the amendment shall
be submitted
21 to the electors of such
city as herein provided the city at the
22 next regular municipal or
general state election held in such
23 the city which shall
occur not less than 90 days following
24 after the filing of such
petitions the petition.
25 (2) Proposed charter amendments and other questions to be
26 submitted to the electors shall be published in full with
27 existing charter
provisions which that would be altered or
1 abrogated thereby by
the proposed charter amendment or other
2 question. The purpose of
any such the proposed charter
3 amendment or question
shall be designated on the ballots ballot
4 in not more than 100
words, exclusive of caption, which that
5 shall consist of a true and impartial statement of the purpose of
6 the amendment or question
in such language as shall that does
7 not create no prejudice
for or against such the amendment or
8 question. ,
and the The text of such the statement shall be
9 submitted to the attorney general for approval as to compliance
10 with this requirement
before being printed. : Provided, That
11 In addition, the proposed charter amendment in full shall be
12 posted in a conspicuous place in each polling place. The form in
13 which any a
proposed charter amendment or question shall appear
14 on the ballot, unless provided for in the initiatory petition,
15 shall be determined by resolution of the legislative body, and
16 when if provided for by the initiatory petition,
the
17 legislative body may add such
an explanatory caption. as shall
18 be deemed advisable.
Any proposed
19 (3) A proposed charter amendment shall be confined to 1
20 subject. and
in case a subject should embrace If the subject of
21 a charter amendment includes more than 1 related proposition,
22 each proposition shall be separately stated to afford an
23 opportunity for an
elector to vote for or against each such
24 proposition. :
Provided, That If a proposed charter amendment
25 failing of adoption
at any election is rejected at an
election,
26 the amendment shall not be resubmitted for a period of 2 years.
27 : Provided further,
That in any city in which a city election
1 is held in April, the
legislative body thereof may amend the
2 charter of said city
by resolution so as to provide that there
3 shall be nominated on
the third Monday in February preceding any
4 April election, by
direct vote of the registered and qualified
5 voters within such
city, candidates for ward and city offices to
6 be voted for at the
next April election: Provided further, That
7 any
8 (4) A city
charter heretofore formerly granted by a
9 different act of the
state legislature, not pursuant to the
10 provisions of this
act, including charters of
cities the
11 charter of a city of the
fourth class, amended as herein
12 provided, by adopting
or coming that adopts or comes
under any
13 part of this act by amendment under this section, and not by
14 general revision, adoption, or incorporation under this act, may
15 again be amended hereunder
under this section, as to such the
16 part or parts so that
are amended, by re-enacting hereunder,
17 under this section that part or parts of the original act of
18 incorporation which that
existed before any amendment was made
19 hereunder, and such under this act. The part or parts of the
20 original act of
incorporation so that are re-enacted shall not
21 be considered or construed
as operating or coming under the
22 provisions of this act in any manner, it being the intention to
23 permit a city operating
under such a charter described in this
24 subsection, to adopt by amendment any part of the provisions of
25 this act permissible and
thereafter or to withdraw from the
26 provisions of this act.
27 (5) Propositions and questions shall be proposed, initiated,
1 submitted and canvassed in a manner similar to that provided for
2 charter amendments.
3 Sec. 25. (1) An initiatory petition authorized by this act
4 shall be addressed to and filed with the city clerk. The
5 petition shall state what
body, or organization, if any, or if
6 no body or
organization, then what persons are or
person is
7 primarily interested in and responsible for the circulation of
8 the petition and the securing of the amendment. Each sheet of
9 the petition shall be verified by the affidavit of the person who
10 obtained the signatures
to the petition. and The petition shall
11 be signed by at least 5%
of those persons residing in the
12 qualified and registered to
vote in electors of the
13 municipality. ,
the charter of which is to be amended, as of the
14 date when they signed
the petition. Each signer of the
petition
15 shall inscribe upon
it also write, immediately after his or her
16 signature, the date of signing and his or her street address.
17 Any signatures A signature obtained more than 1 year before
the
18 filing of the petition with the city clerk shall not be counted.
19 The petition is subject to the requirements of section 25a.
20 (2) The
verification shall state that the petition was
21 circulated at the
request of and pursuant to the directions of
22 the association,
organization, or persons desiring the amendment
23 and shall also state
that the signatures were obtained by the
24 person verifying the
petition; that the signatures are the
25 signatures of the
persons purporting to sign the same and that
26 each of them signed in
his or her presence; and that the person
27 verifying the petition
has good reason to believe and verily does
1 believe that the
signers of the petition are duly registered
2 electors of the
municipality and are the identical persons their
3 signatures purport them
to be.
4 (2) (3)
Any A person who shall wilfully affix willfully
5 affixes another's
signature, or subscribe and swear subscribes
6 and swears to a verification that is false in any material
7 particular, is
guilty of perjury. ; and any A person who shall
8 take takes the oath of another to the petition not
knowing him
9 or her to be the identical
same person he or she represents
10 himself or herself to be or knowing that the petition or any part
11 thereof of it is false or fraudulent in any material
12 particular, or who shall
falsely represent represents that
13 the proposed amendment is
proposed by parties persons other
14 than the true sponsors,
is guilty of a felony and shall be is
15 liable to for
the same punishment as provided for perjury.
16 (3) (4) Upon
receipt of the petition, the city clerk shall
17 canvass it to ascertain
if it has been is signed by the
18 requisite number of registered electors. For the purpose of
19 determining the validity of the petition, the city clerk may
20 cause check any doubtful signatures to be
checked against the
21 registration records of the city. Within 45 days from the date
22 of the filing of the petition, the city clerk shall certify the
23 sufficiency or
insufficiency thereof of the petition. If the
24 petition contains the requisite number of signatures of
25 registered electors, the
clerk shall cause submit the proposed
26 amendment to be
submitted to the electors of the city at the
27 next regular municipal or general state election held in the city
1 which shall occur not less than 90 days following the filing of
2 the petition.
3 (4) (5)
When If the petition shall contain contains the
4 number of signatures equal to or in excess of 20% of
those
5 or more of the persons residing in and registered to vote in the
6 city as of the date when
they signed it, and when the petition
7 shall request that requests submission of the proposal
8 petitioned for shall
be submitted at a special election,
to be
9 called for the purpose
of submitting the same, the city
clerk,
10 within 90 days of after
the date of the filing of the petition,
11 shall call a special
election to be held not less than 120 days
12 nor more than 130 days
after the date of filing the petition
13 unless a primary or
regular election shall occur or a special
14 election shall have
been or shall be called for other purposes to
15 be held within 150
days after the date of the filing of the
16 petition. In that event
the proposal shall be submitted at such
17 primary, regular, or
special election and a special election
18 shall not be so
called. on the next regular
election date that
19 is not less than 120 days after the petition was filed. Other
20 proposals, whether initiated by a 5% petition or proposed by the
21 legislative body within the times within this act provided, may
22 be submitted at such
special that election. A proposal
23 submitted to the electors by the initiative and receiving an
24 affirmative majority of
the votes cast thereon on the proposal
25 shall not be held unconstitutional, invalid, or void on account
26 of the insufficiency of
the petition by which submission of the
27 same proposal was procured submitted.
1 (5) (6) Except
as provided by subsection (7) (6), any
2 proposal contemplating
adopted by the electors that
3 contemplates increased expenditure of funds by the municipality
4 shall become effective ,
if adopted by the electors, only at
5 the beginning of that fiscal year of the municipality commencing
6 not earlier than 60 days following the election at which the
7 proposal was approved by the electors.
8 (6) (7) If
a proposal which that increases the city's ad
9 valorem property tax limitation applies, by its terms, for a
10 specific year or period commencing before the date the proposal
11 would otherwise take
effect under subsection (6) (5), the
12 proposal shall be effective both from the date it is approved by
13 the electors and retroactively for the year or period specified
14 in the proposal.
Notwithstanding any a charter provision to
15 the contrary, if a proposal is approved by the electors and given
16 effect under this subsection after the city has levied its ad
17 valorem property tax levy for the fiscal year and if the adopted
18 proposal authorizes the levy of a millage rate for the fiscal
19 year during which the proposal was approved in excess of the rate
20 the city was authorized to levy before adoption of the proposal,
21 the city may levy an
additional tax. to The additional tax
22 shall be collected either by a supplementary billing by the city
23 or at the same time and in the same manner the county's ad
24 valorem property tax levy is collected.
25 (7) (8)
Any A person aggrieved by any an action, or
26 failure of action, of the city clerk may bring an action against
27 the clerk in the circuit court for writ of mandamus or for other
1 appropriate relief.
2 Sec. 26. (1)
All elections held hereunder under this act
3 shall be paid for by the
locality where held. , and except as
4 now Except as otherwise provided by law or
ordinance, shall
5 receive such the legislative body of the city shall determine
6 the publication and
notice as the legislative body may
7 determine, and shall
be arranged for, held and conducted by the
8 same officers and in
the same manner as near as may be as general
9 biennial fall
elections of the election.
10 (2) Notwithstanding another provision of this act or a
11 charter provision, an election under this act is subject to
12 section 641 of the Michigan election law, 1954 PA 116,
13 MCL 168.641.
14 Sec. 29. (1) The district court, a municipal court, or the
15 circuit court, as provided by law, may hear, try, and determine
16 actions and prosecutions for the recovery and enforcing of fines,
17 penalties, and forfeitures imposed by the charter and ordinances
18 of the city, and sanction offenders for the violation of the
19 charter and ordinances, as is prescribed and directed in the
20 charter or ordinances.
21 (2) A city with a population of more than 750,000 may
22 establish an administrative hearings bureau to hear and try, and
23 to make a determination regarding, a municipal civil infraction,
24 as provided by law, for a violation of the charter or an
25 ordinance, as is prescribed and directed in the charter or
26 ordinance.
27 Enacting section 1. This amendatory act takes effect
1 January 1, 2005.
2 Enacting section 2. This amendatory act does not take
3 effect unless all of the following bills of the 92nd Legislature
4 are enacted into law:
5 (a) Senate Bill No. _______ or House Bill No. 4821
6 (request no. 01919'03 *).
7 (b) Senate Bill No. _______ or House Bill No. 4824
8 (request no. 01920'03 *).