HB-4823, As Passed Senate, December 11, 2003                                

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4823

                                                                             A bill to amend 1989 PA 292, entitled                                             

"Metropolitan councils act,"                                                

by amending section 27 (MCL 124.677), as amended by 1998 PA 373.            

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 27.  (1) A proposal for a tax authorized to be levied                  

2   by a council under this act shall not be placed on the ballot               

3   unless the proposal is adopted by a resolution of the council and           

4   certified by the council not later than 70 days before the                  

5   election to the county clerk of each county in which all or part            

6   of a participating city, village, or township is located for                

7   inclusion on the ballot.  The proposal shall state the amount and           

8   duration of the millage and shall be certified for inclusion on             

9   the ballot at the next general election, the state primary                  

10  immediately preceding the general election, or a special election           

11  at a proposed date not within 45 days of a state primary or a               

1   general election, as specified by the council's resolution.  A              

2   proposed special election date shall be  approved by the county             

3   election scheduling committee of the largest county in the manner           

4   required by section 639 of scheduled in compliance with the                

5   Michigan election law, 1954 PA 116, MCL  168.639 168.1 to                  

6   168.992.                                                                    

7       (2) The county election commission shall provide ballots for                

8   an election for a tax proposal for each city, village, or                   

9   township or part of a city, village, or township located within             

10  the county that is participating in a council under this act.               

11      (3) Except as otherwise provided in subsections (4) and (5),                

12  an election for a tax shall be conducted by the city and township           

13  clerks and election officials of the cities and townships                   

14  participating in a council under this act.                                  

15      (4) If an election on a proposal for a tax is to be held in                 

16  conjunction with a general election or state primary election and           

17  if a village participating in a council under this act is located           

18  within a nonparticipating township, the township clerk and                  

19  election officials shall conduct the election.  On the                      

20  forty-fifth day preceding the election, the village clerk or                

21  other official maintaining a file of qualified and registered               

22  electors of the village shall provide to the township clerk a               

23  list containing the name, address, and birth date of each                   

24  qualified and registered elector of the village.  By the                    

25  fifteenth day preceding the election, the village clerk or other            

26  official providing the list shall provide to the township clerk             

27  information updating the list as of the close of registration.              

House Bill No. 4823 as amended December 11, 2003                            

1   Persons appearing on the list as updated are eligible to vote in            

2   the election by special ballot.                                             

3       (5) If a tax is to be voted on at a special election not held               

4   in conjunction with a general election or state primary election            

5   and if a village participating in a council under this act is               

6   located within a nonparticipating township, the village clerk and           

7   election officials shall conduct the election.                              

8       Enacting section 1.  This amendatory act takes effect                       

9   January 1, 2005.                                                            

10      Enacting section 2.  This amendatory act does not take                      

11  effect unless all of the following bills of the 92nd Legislature            

12  are enacted into law:                                                       

13      (a) Senate Bill No. 877.                                                    

14      (b) House Bill No. 4820.                                                    

15      (c) House Bill No. 4822.                                                    

16      (d) House Bill No. 4824.                                                    

17      (e) House Bill No. 4825.                                                    

18      (f) House Bill No. 4826.                                                    

19      (g) House Bill No. 4827.                                                    

20      (h) House Bill No. 4828.                                                    

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