Bill Text: MI HB6036 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Townships; charter; public notice provided under the charter township act; revise to make reference to the local government public notice act. Amends secs. 3a & 8 of 1947 PA 359 (MCL 42.3a & 42.8). TIE BAR WITH: HB 5560'14

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-12-03 - Printed Bill Filed 12/03/2014 [HB6036 Detail]

Download: Michigan-2013-HB6036-Introduced.html

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HOUSE BILL No. 6036

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

     A bill to amend 1947 PA 359, entitled

 

"The charter township act,"

 

by amending sections 3a and 8 (MCL 42.3a and 42.8), section 3a as

 

amended by 1984 PA 361 and section 8 as amended by 2004 PA 406.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3a. (1) Within 30 days after the effective date of this

 

1984 amendatory act and after After each regular or special federal

 

or state census, the secretary of state shall notify the clerk of a

 

township which that is not incorporated as a charter township

 

pursuant to under this act and which that has a population of 2,000

 

or more inhabitants, excluding the population of any incorporated

 

village, according to the most recently made recent regular or

 

special federal or state census that the township may be

 

incorporated as the charter township of ............ under this

 

act.

 

     (2) After notification is received by the clerk, the township

 

board may:

 

     (a) Adopt, by a majority vote, a resolution opposed to

 

incorporation.

 

     (b) Adopt, by a majority vote, a resolution of intent to

 

approve incorporation. and if If a petition of disagreement to the

 

intent resolution relative to the incorporation is filed within 60

 

days before final passage of the resolution, the electors of the

 

township have the right to a referendum on the incorporation

 

question.

 

     (c) Adopt, by a majority vote, a resolution to place before

 

the electorate the question of incorporation at the next regular or

 

special election.

 

     (3) The Before January 1, 2015, the clerk shall publish in a

 

newspaper of general circulation in the township a notice of the

 

right to referendum within 15 days after receipt of notification

 

from the secretary of state. A Before January 1, 2015, a second

 

notice shall be published 7 days after the first notice. Beginning

 

January 1, 2015, the clerk shall provide tier A public notice of

 

the right to referendum within 15 days after the receipt of

 

notification from the secretary of state as set forth in the local

 

government public notice act.

 

     (4) The petition under subsection (2)(b) shall be signed by

 

not less than 10% of the number of electors of the township voting

 

for township supervisor at the last election in which a supervisor

 

was elected. The township clerk shall check the signatures on the

 

petitions with those of the electors signing the petitions as they

 

appear on the registration cards of the township. If petitions

 

bearing the required number of signatures of electors have been

 

filed, the clerk shall do and perform all acts required for the

 

submission of the question of incorporation at the next general or

 

special election. The wording of the ballot shall be in accordance

 

with section 2.

 

     Sec. 8. (1) The proceedings of the township board shall be

 

published or posted at least once each month. A publication or

 

posting of a synopsis of the proceedings, prepared by the township

 

clerk and approved by the supervisor, showing the substance of each

 

separate proceeding of the township board is in compliance with

 

this section.

 

     (2) The Before January 1, 2015, the board shall determine the

 

method of publication of all notices, ordinances, and proceedings

 

for which the method of publication is not prescribed by law.

 

     (3) In Before January 1, 2015, in making a determination under

 

subsection (2), the board shall require 1 or both of the following:

 

     (a) That publication be made in a newspaper published and

 

circulated in the township or, if no such newspaper exists, then in

 

one published in the county in which the township is located.

 

     (b) That publication be made by posting in the office of the

 

clerk and in 5 other public places in the township or by posting in

 

the office of the clerk and on the township's website.

 

     (4) If Before January 1, 2015, if publication is made by

 

posting under subsection (3)(b), a notice of the posting describing

 

the purpose or nature of the notice, ordinance, or proceeding

 

posted and the location of the places where posted shall be

 

published at least once in a newspaper as required under subsection

 

(3)(a) within 7 days of the posting.

 

     (5) Beginning January 1, 2015, public notice of all notices,

 

ordinances, and proceedings for which the method of publication or

 

posting is not prescribed by law shall be provided as tier C public

 

notice as set forth in the local government public notice act.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5560 of the 97th Legislature is enacted into

 

law.