Bill Text: MI HB6360 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Housing: other; public notices relating to creation of a local housing commission; require notice under the local government public notice act. Amends secs. 1 & 3 of 1933 (Ex Sess) PA 18 (MCL 125.651 & 125.653). TIE BAR WITH: HB 6440'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6360 Detail]
Download: Michigan-2019-HB6360-Introduced.html
HOUSE BILL NO. 6360
November 12, 2020, Introduced by Reps. Coleman
and Steven Johnson and referred to the Committee on Government Operations.
A bill to amend 1933 (Ex Sess) PA 18,
entitled
"An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; for other purposes; and to prescribe penalties and provide remedies,"
by amending sections 1 and 3 (MCL 125.651 and 125.653), section 1 as amended by 2007 PA 185.
the people of the state of michigan enact:
(a) "Borrower" means either of the following:
(i) The city, village, township, or county local unit of government operating under this act.
(ii) A commission created under this act if empowered authorized by ordinance of the creating governing body incorporating unit to act as a borrower for purposes of issuing bonds or notes under this act.
(c) "Commission" means the housing commission created under this act.
(d) "Governing body" means in the case of a city, the council or commission of the a city, ; in the case of a village, the council , commission, or board of trustees of the a village, ; in the case of a township, the township board ; and in the case of a county, the board of supervisors or of a township, or the county board of commissioners of a county.
(e) "Incorporating unit" means the city, village, township, or county local unit that creates a commission.
(f) "Local unit" means a city, village, township, or county.
(g) (f) "Ordinance" means either of the following:
(i) An ordinance of a city, village, township, or county.local unit.
(ii) To the extent the incorporating unit has granted or empowered authorized a commission to take those actions otherwise required to be taken by the incorporating unit by ordinance, a resolution of the commission.
(h) (g) "Township" means a township having a population over 100.
Sec. 3. (1) (a) Any city, village, township or county A local unit may create by ordinance , a commission with power to accomplish the purposes set forth in section 2. of this act. Any ordinance hereafter enacted If the ordinance is adopted before January 1, 2022, it shall must not go into take effect until 15 days after it has been published in a newspaper of general circulation in such city, village, township or county the local unit and posted in 3 public places in such city, village, township or county. the local unit. If there is no newspaper of general circulation in any such a city, village, or township such publication may be had that adopts the ordinance, the ordinance must be published in any newspaper having general circulation in the county in which the city, village, or township is situated. located. If the ordinance is adopted on or after January 1, 2022, the ordinance must not take effect until 15 days after public notice, as provided in the local government public notice act, is given. If, before such the ordinance goes into effect, a petition signed by a number of the qualified electors of such city, village, township or county the local unit equal to at least 3% of the number of voters registered for the last regular city, village, township or county election in that local unit is filed with the clerk of the city, village, township or county local unit requesting that the question of the creation of such the commission be submitted to the voters electors of the city, village, township or county, local unit, the ordinance must not take effect unless approved by a majority of the electors voting on the question. If a petition described under this subsection is filed, the clerk of the city, village, township or county local unit shall immediately call a special election for that purpose, unless a submit the question to the electors of the local unit at the next general election is to be held in such city, village, township or county within 30 days from the date of the filing of the petition, in which event the question shall be submitted at such general election. In the event the question is to be submitted at a special election, such election shall be held within 15 days from the date of the filing of the petition. or special election that allows reasonable time for proper notices and printing of ballots or at any special election called for that purpose, as determined by the governing body of the local unit. The manner of conducting any such a special election shall must conform as nearly as may be to the manner of conducting elections of members of the governing body of the city, village, township or county local unit, and votes cast on the question shall must be counted, canvassed, and returned as nearly as may be in the same manner as at such elections. The question , whether submitted at a general or special election, shall must be in substantially the following form:
"Shall Must the ordinance passed by the (name of governing body) on the ................. day of ..........., 19 20...., providing for the creation of a housing commission, go into effect?
" Yes ( )
" No ( ).".
(2) (b) If, at such the election, a majority of the voters electors voting on the question do not vote in favor of the question, the ordinance shall must not go into take effect and the governing body of such city, village, township or county shall not pass any other ordinance providing for the creation of a housing commission for 1 year from after the date of such the election.
(3) (c) A commission created by a township, within its territorial jurisdiction, shall have has all the functions, rights, powers, duties, and liabilities provided in by this act for a commission created by a city or village, and the provisions of this act shall apply to such applies to a commission created by a township in the same manner and to the same extent as this act applies to a commission created by such a city or village. The township board shall perform the functions herein required or permitted by this act to be performed by the governing body for a commission created by a city or village. ; and the The township supervisor shall perform such the functions as are required or permitted by this act to be performed by the chief administrative officer of a city or village.
(4) (d) A commission created by a county, within an unincorporated area of the county, shall have has all the functions, rights, powers, duties, and liabilities provided in by this act for a commission created by a city or village, and the provisions of this act shall apply to such applies to a commission created by a county in the same manner and to the same extent as this act applies to a commission created by such a city or village. A commission created by a county, within an incorporated area of the county, shall have such has all the functions, rights, powers, duties, and liabilities as may be provided by contractual agreement between the county and such the incorporated area. The county board of supervisors or county board of commissioners shall perform the functions herein required or permitted by this act to be performed by the governing body for a commission created by a city or village. ; and the chairman of the board of supervisors, The chairperson of the county board of commissioners or the county executive , shall perform such the functions as are required or permitted by this act to be performed by the chief administrative officer of a city or village.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
