Bill Text: MI SB1190 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Villages; ordinances; home rule villages ordinances preventing the removal of trees; preempt. Amends sec. 26 of 1909 PA 278 (MCL 78.26). TIE BAR WITH: SB 1188'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-11-29 - Referred To Committee On Local Government [SB1190 Detail]

Download: Michigan-2017-SB1190-Engrossed.html

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SB-1190, As Passed Senate, November 29, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1190

 

 

November 8, 2018, Introduced by Senator BRANDENBURG and referred to the Committee on Natural Resources.

 

 

 

     A bill to amend 1909 PA 278, entitled

 

"The home rule village act,"

 

by amending section 26 (MCL 78.26), as amended by 2018 PA 88.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 26. (1) A village shall not do any of the following:

 

     (a) Submit to the electors a charter or a revision of a

 

charter more often than once in every 2 years or file it with the

 

village clerk less than 90 days before the election. This

 

subdivision does not apply to the submission and resubmission of

 

charters to villages that may be incorporated under this act a

 

charter until they have the village has first adopted a charter.

 

     (b) Call more than 2 special elections within 1 year. This

 

prohibition subdivision does not apply to elections that may be

 

held in the submission and resubmission of charters to villages

 

that may be incorporated under this act until they have a charter

 

until the village has first adopted a charter.

 

     (c) Change the salary or emoluments of a public official after

 

his or her election or appointment, or during his or her term of

 

office, if the office is held for a fixed term, or shorten or

 

extend the term of a public official from the period for which he

 

or she was elected or appointed, unless he or she is removed for

 

cause.

 

     (d) Adopt a charter or amendment to a charter, unless approved

 

by a majority of the electors voting on the charter or amendment at

 

a general or special election.

 

     (e) Authorize an issue of bonds unless approved at an election

 

by a majority of the electors of the village voting on the issuance

 

of the bonds. This subdivision does not apply to special assessment

 

bonds, bonds for the village portion of local improvements, not to

 

exceed 40% of the cost of the improvement, refunding bonds, bonds

 

for relief from fire, flood, or calamity, or for payment of

 

judgments, or bonds that the legislative body is authorized by

 

specific statute to issue without vote of the electors.

 

     (f) Adopt a scheme for exemption from municipal taxation.

 

     (g) Repudiate a debt by a change in its charter or by

 

consolidation with any other municipality.

 

     (h) Incur Subject to subsection (2), incur indebtedness by the

 

issue of bonds, or otherwise, in a sum that, including existing

 

indebtedness, exceeds 10% of the assessed valuation of the real and

 

personal property within the village subject to taxation, as shown

 

by the last assessment roll of the village. Bonds issued in

anticipation of the collection of special assessments, even though

 

they are a general obligation of the village, motor vehicle highway

 

fund bonds, revenue bonds, and bonds issued, or contract or

 

assessment obligations incurred, to comply with an order of the

 

department of environmental quality or a court of competent

 

jurisdiction, even though they are a general obligation of the

 

village, bonds issued, or contract or assessment obligations

 

incurred, for water supply, sewerage, drainage, or refuse disposal

 

projects necessary to protect the public health by abating

 

pollution, even though they are a general obligation of the

 

village, and bonds issued or assessments or contract obligations

 

incurred for the construction, improvement, or replacement of a

 

combined sewer overflow abatement facility are not included in this

 

limitation. Money on hand in a sinking fund limited to the payment

 

of indebtedness may be treated as a reduction of the indebtedness

 

to that extent. If, because of fire, flood, or other calamity, an

 

emergency fund is required for the relief of the inhabitants of the

 

village or for the repairing or rebuilding of any of its municipal

 

buildings, works, bridges, or streets, the legislative body of the

 

village may borrow money due in not more than 3 years and in an

 

amount not exceeding 1/4 of 1% of the assessed valuation of the

 

village, notwithstanding that the loan may increase the

 

indebtedness of the village beyond the limitations fixed by its

 

charter or in this subdivision. If a village is authorized to

 

acquire or operate a public utility, it may issue mortgage bonds

 

for that purpose beyond the general limit of bonded indebtedness

 

prescribed by law. The mortgage bonds issued beyond the limit of

general indebtedness prescribed by law must not impose a liability

 

upon the village, but must be secured only upon the property and

 

revenues of the public utility, including a franchise, stating the

 

terms upon which, in case of foreclosure, the purchaser may operate

 

the public utility. The franchise must not extend for a period

 

longer than 20 years from the date of the sale of the public

 

utility and franchise on foreclosure. Bonds issued, or contract or

 

assessment obligations incurred, before July 31, 1973 are

 

validated. As used in this subdivision:

 

     (i) "Combined sewer overflow" means a discharge from a

 

combined sewer system that occurs when the flow capacity of the

 

combined sewer system is exceeded.

 

     (ii) "Combined sewer overflow abatement facility" means works,

 

instrumentalities, or equipment necessary or appropriate to abate

 

combined sewer overflows.

 

     (iii) "Combined sewer system" means a sewer designed and used

 

to convey both storm water runoff and sanitary sewage, and that

 

contains lawfully installed regulators and control devices that

 

allow for delivery of sanitary flow to treatment during dry weather

 

periods and divert storm water and sanitary sewage to surface

 

waters during storm flow periods.

 

     (iv) "Construction" means any action taken in the designing or

 

building of a combined sewer overflow abatement facility.

 

Construction includes, but is not limited to, all of the following:

 

     (A) Engineering services.

 

     (B) Legal services.

 

     (C) Financial services.

     (D) Design of plans and specifications.

 

     (E) Acquisition of land or structural components.

 

     (F) Building, erection, alteration, remodeling, or extension

 

of a combined sewer overflow abatement facility.

 

     (G) Village supervision of the project activities described in

 

sub-subparagraphs (A) to (F).

 

     (v) "Improvement" means any action undertaken to expand,

 

rehabilitate, or restore a combined sewer overflow abatement

 

facility.

 

     (vi) "Replacement" means action taken to obtain and install

 

equipment, accessories, or appurtenances during the useful life of

 

a combined sewer overflow abatement facility necessary to maintain

 

the capacity and performance for which the equipment, accessories,

 

or appurtenances are designed and constructed.

 

     (i) Lay Levy or collect taxes for municipal purposes except as

 

otherwise provided by law, at a rate in excess of 2% of the

 

assessed value of all real and personal property in the village.

 

     (j) Issue bonds without creating a sinking fund for the

 

payment of the bonds, except special assessment bonds that are a

 

charge upon a special district created for the payment of the

 

bonds, and serial bonds payable annually.

 

     (2) In computing the net indebtedness for the purposes of

 

subsection (1)(h), there may be added to the assessed value of real

 

and personal property in a village for a fiscal year an amount

 

equal to the assessed value equivalent of certain village revenues

 

as determined under this subsection. The assessed value equivalent

 

must be calculated by dividing the sum of the following amounts by

the village's millage rate for the fiscal year:

 

     (a) The amount paid or the estimated amount required to be

 

paid by the state to the village during the village's fiscal year

 

for the village's use under the Glenn Steil state revenue sharing

 

act of 1971, 1971 PA 140, MCL 141.901 to 141.921, and the amount of

 

any eligible reimbursement to the village under the local community

 

stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362,

 

except any amount distributed under section 17(4)(c) of the local

 

community stabilization authority act, 2014 PA 86, MCL 123.1357, in

 

excess of the village's qualified loss. The department of treasury

 

shall certify these amounts upon request. As used in this

 

subdivision, "qualified loss" means that term as defined in section

 

5 of the local community stabilization authority act, 2014 PA 86,

 

MCL 123.1345.

 

     (b) The amount levied by the village for its own use during

 

the village's fiscal year from the specific tax levied under 1974

 

PA 198, MCL 207.551 to 207.572.

 

     (c) The amount levied by the village for its own use during

 

the village's fiscal year from the specific tax levied under the

 

commercial redevelopment act, 1978 PA 255, MCL 207.651 to 207.668.

 

     (3) Beginning on September 13, 2011, a village shall not adopt

 

a village charter or ordinance that includes any a minimum staffing

 

requirement for village employees. Any A provision in a village

 

charter or ordinance adopted on or after September 13, 2011 that

 

contains a minimum staffing requirement for village employees is

 

void and unenforceable.

 

     (4) This act is subject to the vegetation removal preemption

act.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 1188                                   

 

            of the 99th Legislature is enacted into law.