HB-4827, As Passed House, June 19, 2003
June 10, 2003, Introduced by Reps. Brown, Hummel, Farhat, Brandenburg, Garfield, Drolet, Hoogendyk, Amos, Casperson, Emmons, Wenke, Tabor, Palsrok, Sheen, Stahl, Vander Veen, Acciavatti, LaJoy, Steil, 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 1895 PA 3, entitled
"The general law village act,"
by amending sections 1, 3, 4, 5, 6, and 13 of chapter II,
sections 1, 2, 3, and 7 of chapter III, section 3 of chapter V,
section 23 of chapter IX, section 3 of chapter XII, and sections
18a and 23g of chapter XIV (MCL 62.1, 62.3, 62.4, 62.5, 62.6,
62.13, 63.1, 63.2, 63.3, 63.7, 65.3, 69.23, 72.3, 74.18a, and
74.23g), sections 1, 4, 5, 6, and 13 of chapter II, sections 2
and 7 of chapter III, and section 3 of chapter V as amended and
section 3 of chapter III as added by 1998 PA 255 and section 3 of
chapter XII and section 18a of chapter XIV as amended and section
23g of chapter XIV as added by 1998 PA 254.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER II
2 Sec. 1. (1) Except as provided in subsections (2) and (3),
1 in each village, the following officers shall be elected: a
2 president, 6 trustees, 1 clerk, and 1 treasurer. The president
3 and trustees constitute the council. In all votes for which not
4 less than a majority vote of the council is required, the
5 calculation of the number of votes required shall be based on the
6 maximum number that constitutes the council.
7 (2) The council by a vote of 2/3 of the members of the
8 council may provide by ordinance for the reduction in the number
9 of trustees to 4 who with the president shall constitute the
10 council. If village trustees are elected biennially for
11 staggered 4-year terms or annually for staggered 2-year terms,
12 the ordinance shall as nearly as possible maintain staggered
13 terms and provide for an equal number of seats to be filled at
14 each election. The ordinance may extend but shall not shorten
15 the term of an incumbent trustee. The ordinance may extend a
16 prospective term. The ordinance shall not shorten or eliminate a
17 prospective term unless the nomination deadline for that term is
18 not less than 30 days after the effective date of the ordinance.
19 An ordinance adopted under this subsection shall satisfy both of
20 the following conditions:
21 (a) The ordinance shall be voted on and adopted at a meeting
22 that occurs not less than 10 days after the initial meeting or
23 public hearing at which the ordinance was considered.
24 (b) Notice of each meeting at which the ordinance is
25 considered indicating that an ordinance reducing the size of the
26 council will be 1 of the subjects of the meeting shall be
27 published not less than 10 days before the meeting in a newspaper
1 of general circulation in the village.
2 (3) The council by a vote of 2/3 of the members of the
3 council may provide by ordinance for the nomination by the
4 president and the appointment by the council of the clerk or the
5 treasurer, or both,
for such a term as the ordinance may
6 provide. The ordinance shall apply beginning with the first term
7 the nomination deadline for which would have been not less than
8 30 days after the effective date of the ordinance or shall apply
9 when the office is vacated, whichever occurs first.
10 (4) The council shall provide that an ordinance adopted under
11 subsection (2) or (3) takes effect 45 days after the date of
12 adoption unless a petition signed by not less than 10% of the
13 registered electors of the village is filed with the village
14 clerk within the 45-day period, in which case the ordinance takes
15 effect upon approval at an election held on the question. Notice
16 of the delayed effect of the ordinance and the right of petition
17 under this subsection shall be published separately at the same
18 time, and in the same manner, as the ordinance is published
19 pursuant to as provided in section 4 of chapter VI. The
20 village clerk shall verify the signatures on the petitions. If a
21 petition bearing the required number of valid signatures of
22 electors is filed, the question of adoption of the ordinance
23 shall be submitted at the next general or special election. The
24 ballot language for the question shall be prepared by the village
25 clerk, unless the question concerns the appointment of the clerk
26 under subsection (2) (3),
in which case the ballot language
27 shall be prepared by the village council.
1 (5) A village that has adopted an ordinance reducing the
2 number of trustees to 4 or providing for the appointment by the
3 council of the clerk or treasurer may increase the number of
4 trustees to 6 or provide for the election of the clerk or
5 treasurer by the same process as provided in subsection (2) or
6 (3), respectively, and in subsection (4).
7 Sec. 3. Appointments
to office, excepting appointments to
8 fill vacancies, shall
be made on the second Monday in April in
9 each year, Except for an appointment to fill a vacancy or
unless
10 a different time shall
be is prescribed in the ordinance or
11 resolution creating the
office, ; but appointments which, for
12 any cause, shall not
be made on that day, an
appointment to a
13 village office shall be made at the first village council meeting
14 after the qualification of a council member who is elected at the
15 village's regular election. If, for any cause, an appointment is
16 not made at that meeting
or on the day provided prescribed in
17 the ordinance or resolution creating the office, the appointment
18 may be made at any a
subsequent regular or special meeting of
19 the council.
20 Sec. 4. Unless otherwise provided by ordinance, the
21 president, clerk, and
treasurer shall hold their respective
22 offices for the term of 2
years from the second Monday of March
23 of the year when
elected and until their successors
are elected
24 and qualified. The term of office for a president, clerk, or
25 treasurer elected at the village's regular election begins on 1
26 of the following dates:
27 (a) If the regular election is held on the November regular
1 election date, January 1 after the officer's election and
2 qualification.
3 (b) If the regular election is held on the May regular
4 election date, July 1 after the officer's election and
5 qualification.
6 Sec. 5. (1) Except
as otherwise provided in this section,
7 3 village trustees shall be elected at each biennial village
8 election for the term of
4 years from the second Monday in March
9 of the even numbered
year when elected and until their
10 successors are qualified. As an alternative, if provided by an
11 ordinance adopted by the village before January 1, 1974, all 6
12 village trustees shall be elected at the biennial village
13 elections for the term of 2 years and until their successors are
14 qualified. The term of office for a trustee elected at the
15 village's regular election begins on 1 of the following dates:
16 (a) If the regular election is held on the November regular
17 election date, January 1 after the officer's election and
18 qualification.
19 (b) If the regular election is held on the May regular
20 election date, July 1 after the officer's election and
21 qualification.
22 (2) If a village
exempted itself from subsection (1) by
23 council resolution
adopted before January 1, 1974, the village
24 shall continue to
elect its trustees annually on the second
25 Monday in March with 3
trustees to be elected annually. The
26 trustees shall hold
their offices for the term of 2 years and
27 until their successors
are qualified.
1 (3) A village that
exempted itself as described in subsection
2 (2) may subsequently
provide by ordinance that the village shall
3 elect trustees
biennially. The ordinance shall be applicable to
4 the even year village
election to be held not less than 6 months
5 next following the
adoption of the ordinance. The ordinance
6 shall provide for a
system of electing trustees as described in
7 subsection (1). The
ordinance may extend the terms of incumbent
8 trustees for not more
than 1 year if necessary to provide for the
9 biennial election of
trustees. In any event, a trustee shall
10 serve until his or her
successor is qualified.
11 (4) A copy of each
resolution and ordinance adopted pursuant
12 to this section shall
be forwarded to the director of the bureau
13 of elections of the
department of state.
14 Sec. 6. All
appointive officers, except officers appointed
15 to fill vacancies in
elective offices, shall hold their
16 respective offices
until the second Monday of April next after
17 such appointment, and
until their successors are Except
for an
18 officer appointed to fill a vacancy in an elective office, an
19 appointive village officer holds the office for 1 year after the
20 date of the appointment or until the village's next regular
21 election, whichever is earlier, and until the officer's successor
22 is appointed and qualified unless a different term of office is
23 prescribed in this act, in an ordinance authorized by this act,
24 or in the ordinance or resolution creating the office. An
25 officer appointed to fill a vacancy in an elective office shall
26 hold office until the next regular village election, and until
27 his or her successor is elected and qualified. An officer
1 appointed to fill a vacancy in an appointive office shall hold
2 office until his or her successor is appointed and qualified.
3 Sec. 13. Any A
vacancy occurring in the office of
4 president, trustee, or any other elective office shall be filled
5 by appointment by the council, and the appointee shall hold
6 office until the next regular village election. All vacancies in
7 any other office shall be filled by the president, by and with
8 the consent of the council. If by reason of removal, death,
9 resignation, or otherwise, the membership of the council is
10 reduced to less than a quorum, the remaining council members
11 shall call a special election for the purpose of filling all
12 vacancies in the office of trustee, if a petition signed by not
13 less than 10% of the qualified voters of the village is filed
14 with the village clerk within 10 days after the vacancy or
15 vacancies occur. If a petition is not filed within the time
16 stated, then the remaining council members may either call a
17 special election, or may proceed
to appoint a sufficient number
18 of trustees to constitute with the members in office a quorum of
19 the council, who shall then fill the remaining vacancies as
20 provided in this section. If all the officers and trustees of a
21 village have died or removed
moved from the village, and no
22 successors have been elected or appointed to fill the vacancies,
23 the township clerk of the township within which the village is
24 situated shall, upon petition of 10% of the qualified voters
25 residing in the village, call a special election for the election
26 of the officers and
trustees of the village , at a date and
27 place to be fixed by
the township clerk, which date shall be not
1 more than 30 days
after the receipt of the petition. The
2 township board of the to be held on a a regular election date as
3 established under section 641 of the Michigan election law, 1954
4 PA 116, MCL 168.641. The township shall perform all of the other
5 duties with respect to the election as the village might have
6 done had the vacancies not existed, including the preparation of
7 ballots, the appointment of election inspectors, the counting and
8 canvassing of the ballots, and the certification of the persons
9 elected to the offices for which the election was held. All of
10 the expenses of the
election shall be a charge upon paid by the
11 village.
12 CHAPTER III
13 Sec. 1. (1) Except
with regard to villages that hold
14 annual elections
pursuant to section 5(2) of chapter 2, the
15 election of officers
shall be held biennially on the second
16 Monday in March in
each even numbered year. An election
under
17 this act shall be held at
such a place in the village as the
18 council shall
designate designates.
19 (2) Notwithstanding a charter provision or ordinance
20 providing otherwise, the day on which a village holds its regular
21 or a special election is governed by the Michigan election law,
22 1954 PA 116, MCL 168.1 to 168.992, or by a resolution adopted in
23 compliance with section 642 of the Michigan election law, 1954
24 PA 116, MCL 168.642.
25 Sec. 2. Special elections may be called by resolution of
26 the council. The resolution shall state the purpose and object
27 of and, subject to the
election laws of this state section 1 of
1 this chapter, the date of the election.
2 Sec. 3. (1)
Except as provided in this section, village
3 elections shall be
partisan. The council by a vote of 2/3 of the
4 members of council may
provide by ordinance that Notwithstanding
5 a charter provision or ordinance to the contrary, village
6 elections shall be
nonpartisan. The ordinance shall apply
7 beginning with the
first village election for which the
8 nomination deadline is
not less than 30 days after the effective
9 date of the ordinance.
10 (2) The council
shall provide that an ordinance adopted under
11 subsection (1) takes
effect 45 days after the date of adoption
12 unless a petition
signed by not less than 10% of the registered
13 electors of the
village is filed with the village clerk within
14 the 45-day period, in
which case the ordinance takes effect upon
15 approval at an
election held on the question. Notice of the
16 delayed effect of the
ordinance and the right of petition under
17 this subsection shall
be published separately at the same time,
18 and in the same
manner, as the ordinance is published pursuant to
19 section 4 of chapter
VI. The village clerk shall verify the
20 signatures on the
petitions. If a petition bearing the required
21 number of valid
signatures of electors is filed, the question of
22 adoption of the
ordinance shall be submitted at the next general
23 or special election.
The ballot language for the question shall
24 be prepared by the
village clerk.
25 (3) A village that
has adopted an ordinance providing for
26 nonpartisan elections
may revert to partisan elections by the
27 same process as
provided in subsections (1) and (2).
1 Sec. 7. (1) All elections in the village shall be conducted
2 as nearly as may be in
the manner provided by law the Michigan
3 election law, 1954 PA 116, MCL 168.1 to 168.992, for holding
4 general elections in the state, except as provided in this act.
5 (2) If at any election vacancies are to be filled, or if any
6 person is to be elected for less than a full term of office, the
7 term shall be designated on the ballot.
8 CHAPTER V
9 Sec. 3. (1)
On the second Monday in April in 1 of the
10 following dates each
year, or as soon thereafter after that
11 date as possible, the council shall appoint 1 of their number
12 president pro tempore of
the council: , who in
13 (a) If the village's regular election is held on the November
14 regular election date, each January 1.
15 (b) If the village's regular election is held on the May
16 regular election date, each July 1.
17 (2) In the absence of
the president, shall preside the
18 president pro tempore presides at the council meetings, and
19 exercise exercises the powers and duties of president.
In the
20 absence of the president and president pro tempore, the member
21 with the longest current period of continuous service on the
22 council shall preside
presides unless otherwise provided by
23 council rules.
24 CHAPTER IX
25 Sec. 23. (1) Bonds
may not be issued, except special
26 assessment bonds,
bonds for the portion of the cost of local
27 improvements to be
paid by the village at large not to exceed 40%
1 of the cost of such
improvements, emergency bonds, and bonds
2 which the council is
authorized by specific statute to issue
3 without vote of the
electors, unless Subject to
subsection (2),
4 a village shall not issue bonds unless the issuance is approved
5 by a majority of the
electors voting thereon on the bond
6 issuance at an annual
a regular or special village election.
7 The election shall be
conducted in accordance with the general
8 laws governing the
conduct of elections. This section Michigan
9 election law, 1954 PA 116, MCL 168.1 to 168.992.
10 (2) Subsection (1)
does not apply to obligations any of the
11 following:
12 (a) Obligations incurred by the village evidenced by
13 contracts, notes, or assessments.
14 (b) Special assessment bonds.
15 (c) Bonds for the portion of the cost of local improvements
16 to be paid by the village at large not to exceed 40% of the cost
17 of the improvements.
18 (d) Emergency bonds.
19 (e) Bonds that the council is authorized by specific statute
20 to issue without a vote of the electors.
21 CHAPTER XII
22 Sec. 3. (1) To exercise the powers granted by section 1 of
23 this chapter, the council shall adopt a resolution declaring that
24 it is expedient for such
the village to acquire by purchase or
25 construction, as applicable, works to supply the village with
26 electric or other lights, and shall make and record in their
27 proceedings an estimate of the expense.
1 (2) The question of financing the estimated amount or that
2 part of the estimated amount not in excess of limitations on
3 indebtedness of the village provided by law shall be submitted to
4 the electors of the
village at its annual regular election, or
5 at a special election called for that purpose by the council as
6 provided in this act. Approval of the proposal requires the
7 affirmative vote of 2/3
of the electors voting at such the
8 election by ballot.
9 (3) If the voters approve financing a part of the estimated
10 amount not in excess of the limitations on indebtedness of the
11 village, the council shall not incur any indebtedness for
12 lighting works on the general faith and credit of the village
13 until the charter is amended to permit the issuance of mortgage
14 bonds on the proposed lighting plant, its revenues and franchise,
15 in excess of the general limitations on indebtedness as provided
16 by this act, in an amount equal to the difference between the
17 indebtedness authorized by this act, and the estimated amount.
18 CHAPTER XIV
19 Sec. 18a. (1) To initiate the disincorporation of a
20 village, there shall
be filed with the village clerk a petition
21 signed by not less than 15% of the registered electors of the
22 village requesting a vote on the question of whether the village
23 shall disincorporate shall be filed with the village clerk.
24 (2) A petition shall designate the township or townships into
25 which the village is proposed to be disincorporated. A village
26 shall be disincorporated into the township or townships in which
27 it is located, along existing township boundaries.
1 (3) After the petition is filed with the village clerk a
2 petition affecting the village shall not be filed with the state
3 boundary commission and a petition requesting disincorporation of
4 the village into a different township shall not be filed under
5 this act until the disincorporation process provided for by this
6 act has concluded.
7 (4) By not more than 14 days after the petition is filed, the
8 village clerk shall verify the signatures and determine the
9 sufficiency of the petition. Unless the council proceeds under
10 sections 23 to 23i of this chapter, if the clerk determines that
11 the petition is sufficient, the question of the disincorporation
12 of the village shall appear on the ballot at the next general or
13 special election to be
held in the village, subject to section
14 646a of the Michigan election law, 1954 PA 116, MCL 168.646a
15 168.1 to 168.992. The village clerk shall prepare the ballot
16 language, in substantially the following form:
17 "Shall incorporation of the village of __________ be
18 vacated?
19 ( ) Yes
20 ( ) No".
21 (5) The county election commission of the county in which the
22 greatest number of electors of the village reside shall provide
23 ballots for the election.
24 (6) The clerk and election officials of the village and each
25 township into which the village is proposed to be disincorporated
26 shall conduct the election on the proposed disincorporation in
27 the village and the portions of the township outside the
1 boundaries of the village, respectively.
2 (7) If the election on the proposed disincorporation is to be
3 held in conjunction with a general election or a state primary
4 election immediately preceding
before a general election, the
5 notices of close of registration and election shall be published
6 as provided for by the state election laws. Otherwise, the
7 county clerk of the county in which the greatest number of
8 electors of the village reside shall publish the notices of close
9 of registration and election. The notice of close of
10 registration shall include the ballot language of the proposal.
11 (8) The results of the election on the proposed
12 disincorporation shall be canvassed by the board of canvassers of
13 the village and the board of canvassers of each township in which
14 the village is located.
15 (9) The disincorporation of the village shall take place
16 pursuant to under this section only if 2/3 of the electors
17 voting on the questions vote "yes". If the disincorporation is
18 approved, the council shall immediately cause a transcript of all
19 the proceedings in the case to be certified to both of the
20 following:
21 (a) The county clerk of the county in which the village or
22 the principal part of the village is located.
23 (b) The secretary of state.
24 Sec. 23g. (1) If the disincorporation plan is approved
25 pursuant to under section 23f of this chapter, the clerk
of the
26 disincorporation commission shall prepare and certify to the
27 county clerk of each county where the village is located ballot
1 language describing the proposed disincorporation and that
2 includes the following in substantially the following form:
3 "Shall the village of _______________ be disincorporated
4 pursuant to the plan adopted by the disincorporation commission?
5 ( ) Yes
6 ( ) No".
7 (2) The clerk of the disincorporation commission shall
8 certify the proposed disincorporation for inclusion on the ballot
9 at the next general election, the state primary immediately
10 preceding the general election, or a special election not
11 occurring within 45 days of a state primary or a general
12 election, as specified by the clerk of the disincorporation
13 commission. However, the clerk of the disincorporation
14 commission shall not certify the proposed disincorporation for
15 inclusion on the ballot at either of the following:
16 (a) An election to be held less than 60 days after the date
17 of certification.
18 (b) An election to be held more than 1 year after the village
19 clerk verifies the petition signatures and determines that the
20 petition is sufficient under section 18a of this chapter.
21 (3) If a special election is requested by the clerk of the
22 disincorporation commission, the county clerk of the county in
23 which the greatest number of electors of the village reside shall
24 request approval of a
special election date from the county
25 election scheduling
committee of that clerk's county schedule
26 the election in compliance with section 641 of the Michigan
27 election law, 1954 PA 116, MCL 168.641. The proposal shall be
1 submitted to the qualified and registered electors residing in
2 the village and each township into which the village is proposed
3 to be disincorporated on
the date approved by that county
4 election scheduling
committee at that election.
5 (4) If a disincorporation commission fails to adopt a plan
6 under section 23e of this chapter or the clerk of the
7 disincorporation commission does not certify the proposed
8 disincorporation for inclusion
on the ballot pursuant to under
9 this section, the question of disincorporation shall be submitted
10 to the electors as described in section 18a of this chapter not
11 more than 1 year after the date the disincorporation petition was
12 filed under section 18a of this chapter.
13 Enacting section 1. This amendatory act takes effect
14 January 1, 2005.
15 Enacting section 2. This amendatory act does not take
16 effect unless all of the following bills of the 92nd Legislature
17 are enacted into law:
18 (a) Senate Bill No. _____ or House Bill No. 4821 (request
19 no. 01919'03 *).
20 (b) Senate Bill No. _____ or House Bill No. 4824 (request
21 no. 01920'03 *).