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.