Bill Text: MI HB5296 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Cities; home rule; population threshold; revise reference to 600,000 or more. Amends secs. 5 & 35a of 1909 PA 279 (MCL 117.5 & 117.35a).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-05-08 - Referred To Committee On Local Government And Elections [HB5296 Detail]
Download: Michigan-2011-HB5296-Introduced.html
HOUSE BILL No. 5296
January 26, 2012, Introduced by Rep. Jackson and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending sections 5 and 35a (MCL 117.5 and 117.35a), section 5
as amended by 2011 PA 133 and section 35a as amended by 2001 PA
173.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) A city does not have power to do any of the
following:
(a) To increase the rate of taxation now fixed by law, unless
the authority to do so is given by a majority of the electors of
the city voting at the election at which the proposition is
submitted, but the increase in any case shall not be in an amount
as to cause the rate to exceed 2%, except as provided by law, of
the assessed value of the real and personal property in the city.
(b) To submit to the electors a charter more often than once
in every 2 years, nor unless the charter is filed with the city
clerk 60 days before the election, but this provision shall not
apply to the submission and resubmission of charters of cities that
may be incorporated under this act until they shall have first
adopted a charter. Where a city submits to the electors a charter
and the charter is adopted by the electors, and the city has
operated under the charter, which charter has not, at the time it
is adopted, been on file with the city clerk 60 days, then the
legislative body of the city, upon its giving the notice of
election as provided in the charter, may resubmit to the electors,
at a special or general election, the charter, which, if adopted by
the electors, shall be considered operative and effective as of the
date of the first submission and adoption. The charter shall not be
resubmitted unless 60 days have elapsed between the date of the
filing of the charter and the date of the election at which the
charter is resubmitted.
(c) To call more than 2 special elections within 1 year. This
prohibition does not apply to elections that may be held in the
submission and resubmission of charters of cities that may be
incorporated under this act until they have first adopted a
charter, and does not apply to elections that may be held in the
resubmission of a charter once adopted as provided in subdivision
(b).
(d) To decrease the salary of a municipal judge after his or
her election or appointment, or during the judge's term of office,
notwithstanding any charter provision to the contrary. The term of
a public official shall not be shortened or extended beyond the
period for which the official is elected or appointed, unless he or
she resigns or is removed for cause, if the office is held for a
fixed term.
(e) To adopt a charter or an amendment to the charter unless
approved by a majority of the electors voting on the question; to
sell a park, cemetery, or any part of a park or cemetery, except
where the park is not required under an official master plan of the
city; to engage in a business enterprise requiring an investment of
money in excess of 10 cents per capita; or to authorize an issue of
bonds except bonds issued in anticipation of the collection of
taxes actually levied and uncollected or for which an appropriation
has been made; bonds that the city is authorized by its charter to
issue as part of its budget system, to an amount that in any year,
together with the taxes levied for the same year, will not exceed
the limit of taxation authorized by law; special assessment bonds;
bonds for the city's portion of local improvements; refunding
bonds; emergency bonds as defined by this act; and bonds that the
legislative body is authorized by specific statute to issue without
vote of the electors, unless approved by a majority of the electors
voting on the question at a general or special election. In
addition, a city that now has, or may subsequently have, a
population
of 750,000 600,000 persons or more may issue bonds, upon
resolution of its governing body, without prior approval of the
electors, which the city is authorized by its charter to issue as
part of its budget system, to an amount that in any year, together
with the ad valorem taxes levied for the same year, exclusive of
debt service taxes or taxes levied pursuant to other laws, will not
exceed 2-1/2% of the assessed value of the real and personal
property in the city, this limitation to supersede and take the
place of any contrary language in any existing city charter. For
the purposes of this subdivision only, the assessed value of real
and personal property in any city shall include the assessed value
equivalent of money received during the city's fiscal year under
the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL
141.901 to 141.921. The assessed value equivalent shall be
calculated by dividing the money received by the city's millage
rate for the fiscal year. Notwithstanding the former provisions of
this subdivision requiring approval by 3/5 of the electors voting
on the question as a prerequisite to the exercise of certain
powers, these powers may be exercised if approved by a majority of
the electors voting on the question at a general or special
election held on or after April 1, 1966.
(f) To make a contract with, or give an official position to,
one who is in default to the city.
(g) To issue bonds without providing a sinking fund to pay
them at maturity, except as provided in section 4g(1), but sinking
funds shall not be required in the case of serial bonds that fall
due annually. Bonds, whether authorized under this act or any other
act, except refunding bonds, revenue bonds, motor vehicle highway
fund bonds, rehabilitation bonds, judgment bonds, bonds or other
obligations issued to fund an operating deficit of a city, bonds or
other obligations to pay premiums or to establish funds to self-
insure for losses as authorized by the revised municipal finance
act, 2001 PA 34, MCL 141.2101 to 141.2821, bonds the issuance of
which has been approved by the voters, and bonds issued to comply
with an order of a court of competent jurisdiction shall not be
issued by a city unless notice of the issuance of the bonds is
published once in a newspaper of general circulation in the city at
least 45 days before the issuance of the bonds, within which period
a petition may be filed with the legislative body signed by not
less than 10% or 15,000 of the registered electors in the city,
whichever is less, in which event the legislative body shall submit
the question of the issuance of the bonds to the electors of the
city, at a regular or special election in the city. The bonds shall
not be issued unless a majority vote of the electors voting on the
issuance vote in favor of issuing the bonds. The notice of intent
to issue bonds shall state the maximum amount of the bond issue,
the purpose of the bond issuance, source of payment, right of
referendum on the issuance of the bonds, and other information as
the legislative body determines to be necessary to adequately
inform the electors and all other interested persons of the nature
of the issue and of their rights with respect to the issue.
(h) To repudiate a debt by a change in its charter or by
consolidation with any other municipality.
(i) To submit a franchise to the electors at a special
election, unless the expense of holding the election, as determined
by the legislative body, is paid in advance to the city treasurer
by the grantee in the franchise.
(2)
Beginning on the effective date of the amendatory act that
added
this subsection September 13,
2011, a city shall not adopt a
city charter or ordinance that includes any minimum staffing
requirement
for city employees. Except as otherwise provided in
this
subsection, any Any provision in a city charter or ordinance
adopted
on or after the effective date of the amendatory act that
added
this subsection September 13,
2011 that contains a minimum
staffing requirement for city employees is void and unenforceable.
Sec.
35a. Any municipality with a population of 750,000
600,000 or more may issue general obligation bonds and other
evidences of debt for all lawful purposes in accordance with state
law, but subject to the overall debt limitations provided by state
law or the charter of the municipality. No charter shall allocate
the debt limitation or any part of the debt limitation to specific
purposes.
