Bill Text: MI HB4911 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Local government; authorities; filing deadline for local ballot question involving building authority; modify. Amends sec. 8b of 1948 (1st Ex Sess) PA 31 (MCL 123.958b). TIE BAR WITH: HB 4907'11
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-12-01 - Referred To Committee On Local Government And Elections [HB4911 Detail]
Download: Michigan-2011-HB4911-Engrossed.html
HB-4911, As Passed House, November 30, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4911
A bill to amend 1948 (1st Ex Sess) PA 31, entitled
"An act to provide for the incorporation of authorities to acquire,
furnish, equip, own, improve, enlarge, operate, and maintain
buildings, automobile parking lots or structures, transit-oriented
developments, transit-oriented facilities, recreational facilities,
stadiums, and the necessary site or sites therefor, together with
appurtenant properties and facilities necessary or convenient for
the effective use thereof, for the use of any county, city,
village, or township, or for the use of any combination of 2 or
more counties, cities, villages, or townships, or for the use of
any school district and any city, village, or township wholly or
partially within the district's boundaries, or for the use of any
school district and any combination of 2 or more cities, villages,
or townships wholly or partially within the district's boundaries,
or for the use of any intermediate school district and any
constituent school district or any city, village, or township,
wholly or partially within the intermediate school district's
boundaries; to provide for compensation of authority commissioners;
to permit transfers of property to authorities; to authorize the
execution of contracts, leases, and subleases pertaining to
authority property and the use of authority property; to authorize
incorporating units to impose taxes without limitation as to rate
or amount and to pledge their full faith and credit for the payment
of contract of lease obligations in anticipation of which bonds are
issued by an authority; to provide for the issuance of bonds by
such authorities; to validate action taken and bonds issued; to
provide other powers, rights, and duties of authorities and
incorporating units, including those for the disposal of authority
property; and to prescribe penalties and provide remedies,"
by amending section 8b (MCL 123.958b), as amended by 1995 PA 147.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8b. (1) The governing body of an incorporating unit may,
by a majority vote of its members, authorize the execution of a
full faith and credit general obligation contract of lease with an
authority.
(2) The governing body may adopt a resolution submitting the
contract to a vote of the electors. If the governing body adopts
the resolution submitting the contract to a vote of the electors,
the contract shall not take effect unless approved by a majority of
the electors of the incorporating unit voting on the question. The
contract shall be submitted at the next general or primary election
to
be held not less than 70 days earlier
than the twelfth Tuesday
after the date of the resolution or at a special election to be
held
not less than 70 days earlier
than the twelfth Tuesday after
the date of the resolution as determined by the clerk of the
incorporating
unit subject to the Michigan election law, Act No.
116
of the Public Acts of 1954, being sections 168.1 to 168.992 of
the
Michigan Compiled Laws. 1954
PA 116, MCL 168.1 to 168.992. The
clerk shall also determine the ballot language of the question.
(3) If the governing body does not adopt a resolution
submitting the contract to a vote of the electors, the contract
shall become effective 60 days after a notice of intention of
entering into the contract has been published in a newspaper of
general circulation in the incorporating unit or units unless a
sufficient petition for referendum requesting an election on the
contract is filed with the clerk of the incorporating unit within
45 days after the notice is published. A referendum petition shall
be signed by not less than 10% or 15,000 of the registered electors
of the incorporating unit, whichever is less. If a sufficient
petition is filed, the contract shall not take effect unless
approved by a majority of the electors of the incorporating unit
voting on the question. The clerk of the incorporating unit shall
determine the date of the election and the ballot language as
provided under subsection (2). The notice of intention of entering
into contract shall be directed to the electors and taxpayers of
the incorporating unit, shall be published in a newspaper which is
determined
by the governing body thereof of
the incorporating unit
to be the newspaper reaching the largest number of persons to whom
the notice is directed, and shall state the maximum amount of bonds
authorized to be issued, the purpose thereof, source of payment and
right of referendum thereon, and such other information as the
governing body of the incorporating unit may consider necessary to
adequately inform the taxpayers and electors of the incorporating
unit of the nature of the contractual obligation. Signatures on the
petition shall be verified by the circulator under oath as the
actual
signatures of the persons whose names are signed thereto on
the petition and the clerk or other recording officer of the
incorporating unit shall have the same power to reject signatures
and
petitions as city clerks under section 25 of the home rule
cities
act, Act No. 279 of the Public Acts of 1909, being section
117.25
of the Michigan Compiled Laws. home
rule city act, 1909 PA
279, MCL 117.25. The number of registered electors in any
incorporating unit shall be determined by its registration records,
or, if it does not take registrations, by the appropriate city and
township registration records. A notice of intention and
publication is not required if the contract of lease states that it
is not a full faith and credit obligation of the incorporating unit
or units.
(4) An election under this section shall not be included in
any statutory or charter limitation on the number of special
elections to be called within a particular period of time.
Enacting section 1. This amendatory act takes effect January
1, 2012.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4907 of the 96th Legislature is enacted into
law.
