Bill Text: MI HB5960 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Villages: annexation; procedures to approve annexation petition; revise. Amends secs. 6 & 6a, ch. XIV of 1895 PA 3 (MCL 74.6 & 74.6a) by adding sec. 6b to ch. XIV. TIE BAR WITH: HB 5961'26
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2026-05-14 - Bill Electronically Reproduced 05/13/2026 [HB5960 Detail]
Download: Michigan-2025-HB5960-Introduced.html
HOUSE BILL NO. 5960
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending sections 6 and 6a of chapter XIV (MCL 74.6 and 74.6a), section 6a as added by 1998 PA 254, and by adding section 6b to chapter XIV.
the people of the state of michigan enact:
MISCELLANEOUS.
Sec. 6. Whenever If the council of any village shall determine determines by resolution to alter the boundaries of such the village , either by taking in lands and premises adjoining thereto or by taking out any lands and premises included in such the village, or both, they the council shall petition the county board of supervisors commissioners of the county in which such the lands and premises affected thereby are situated to make such the change. Such The petition shall must contain a description by metes and bounds of the lands and premises proposed to be added to or taken out of such the village, and shall must set forth the reasons for the proposed change, and shall must contain a copy of the resolution of the council in relation thereto, and shall must be signed by the president and clerk of such the village. Before such the petition shall be is presented to the county board of supervisors commissioners, notice shall must be given by the clerk of the time and place when the same petition will be presented for consideration , by publishing the same notice in a newspaper published in such the village for at least 3 weeks immediately preceding before the presentation of the same, petition, and if no a newspaper is not published in such the village, then by posting the same notice in at least 3 of the most public places within the village , and in at least 3 of the most public places of the territory directly affected. thereby. Such The notice shall must also contain a description of the premises proposed to be taken in or out of the boundaries of such the village. At the time of presenting such the petition all parties interested may appear before such the county board of supervisors commissioners and be heard touching the proposed boundaries of such the village. , and after such After the hearing and due consideration of such the petition, it shall be is the duty of the county board of supervisors commissioners to order and determine as to whether the prayer contained in the petition or any part thereof of the petition shall be granted. , and they The county board of commissioners shall make an order of such the determination, which order shall must be entered upon their in the county board of commissioner's records, and thereupon the boundaries of such the village shall must be fixed and shall must exist as provided in such the order, and a certified copy thereof shall of the order must be transmitted to the clerk of such the village and to the secretary of state. , and such The order shall be is prima facie evidence of such the change of boundaries of such the village and of the regularity of such the proceedings in all courts and places.
Sec. 6a. The county board of commissioners shall not consider the petition of a village council for annexation or detachment of territory under section 6 of this chapter if the petition is presented during the pendency of a petition to disincorporate the village filed under section 18a of this chapter.
Sec. 6b. (1) If there is a conflict between the provisions of this act and 1968 PA 191, MCL 123.1001 to 123.1020, regarding annexation, the provisions of 1968 PA 191, MCL 123.1001 to 123.1020, govern. The district to be affected by the proposed annexation is considered to include the whole of each city, village, or township from which territory is to be annexed.
(2) Except as provided in subsection (3), 1 of the following must be used to initiate annexation of territory by a village in a manner and on a form as prescribed by the commission:
(a) A petition by a landowner or landowners, whose land is in the area proposed for annexation.
(b) A petition by 20% of the qualified electors who reside in the area proposed for annexation.
(c) A resolution by the governing body of the village to which the area is proposed to be annexed.
(3) A petition or resolution for annexation of territory by a village must be filed with the commission unless any of the following apply:
(a) A conditional transfer of property made under 1984 PA 425, MCL 124.21 to 124.30.
(b) An annexation made by an interlocal agreement under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.
(c) An annexation occurring by operation of law.
(4) Except as provided in subsection (3), when processing, approving, denying, or revising a petition or resolution for annexation of territory by a village, the commission has the same powers and duties as provided under 1968 PA 191, MCL 123.1001 to 123.1020, relating to petitions that propose incorporations. If the commission determines that a petition or resolution for annexation of territory by a village is valid, the commission shall do all of the following:
(a) Hold a public hearing in or reasonably near the area proposed for annexation.
(b) Provide notice to property owners located in the area proposed for annexation not later than 60 days before a public hearing held under subdivision (a).
(c) Not later than 30 days before the date of the public hearing held under subdivision (a), provide notice of the public hearing to property owners located within 300 feet of the area proposed for annexation by certified mail.
(5) Not later than 45 days before the date of the public hearing required under subsection (4), the local unit of government capable of producing the information required under subsection (4) shall provide the commission with a list of the names and addresses of all persons the commission is required to provide notice to under subsection (4). The commission is required to provide notice only to the property owners included on the list provided by the local unit of government as required under this section.
(6) If an annexation is denied by the commission, the commission shall send a certified copy of its order to the clerk of each county, city, village, and township affected.
(7) If an annexation is approved, and if on the date the petition or resolution for annexation of territory by a village was filed with the commission 100 persons or fewer resided in the area approved for annexation, the commission's order is not subject to a referendum. The commission shall send a certified copy of its order to the clerk of each county, city, village, and township affected and to the secretary of state. The annexation is effective on a date set forth in the commission's order.
(8) If an annexation is approved, and if on the date the petition or resolution for annexation of territory by a village was filed with the commission more than 100 persons resided in the area approved for annexation, the commission shall send a certified copy of its order to the clerk of each county, city, village, and township affected and to the secretary of state. The commission's order becomes final 30 days after the date of the order unless, within 30 days after the date of the order, a referendum petition is filed with the commission that contains the signatures of at least 25% of the registered electors residing within 5 miles of the area approved for annexation.
(9) If a referendum petition is filed with the commission under subsection (8), the commission shall verify the validity of the referendum petition. If the commission determines the referendum petition is valid, the commission shall order a referendum on the question of annexation. A referendum must be held in each area from which a valid referendum petition was filed with the commission. If a valid referendum petition is not filed with the commission under subsection (8) or if the majority of the electors voting on the question in each area in which a referendum is held under this subsection, voting separately, approve the annexation, the annexation is effective on a date set by order of the commission.
(10) The commission shall reject a petition or resolution for annexation of territory by a village if the petition or resolution for annexation of territory by a village includes all or any part of the territory that was described in any petition or resolution for annexation of territory by a village filed with the commission within the preceding 2 years and that was denied by the commission or was defeated in an election under subsection (9).
(11) Beginning on the effective date of the amendatory act that added this section, if 1968 PA 191, MCL 123.1001 to 123.1020 is in effect, annexation of territory from a city or township to a village is as provided in this section and no other means of annexation is effective.
(12) The commission shall mail a copy of any final order issued under this section to each property owner to whom the commission is required to provide notice under subsection (4).
(13) As used in this section, "commission" means the state boundary commission created under 1968 PA 191, MCL 123.1001 to 123.1020.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S04903'25) or House Bill No. 5961 (request no. H04903'25) of the 103rd Legislature is enacted into law.
