Bill Text: MI SB1025 | 2025-2026 | 103rd Legislature | Introduced

Michigan Senate Bill 1025

Introduced

Bill Title: Villages: home rule; procedures to approve annexation petition; revise. Amends secs. 2, 3 & 5 of 1909 PA 278 (MCL 78.2 et seq.); adds sec. 2b & repeals sec. 5a of 1909 PA 278 (MCL 78.5a). TIE BAR WITH: SB 1024'26

Sponsorship: Bipartisan Bill

Status: (Introduced) 2026-06-10 - Referred To Committee On Local Government [SB1025 Detail]

Download: Michigan-2025-SB1025-Introduced.html

SENATE BILL NO. 1025

June 10, 2026, Introduced by Senators OUTMAN, DALEY, BAYER and WOJNO and referred to Committee on Local Government. - Title: Intro, sponsors, and referral

A bill to amend 1909 PA 278, entitled

"The home rule village act,"

by amending sections 2, 3, and 5 (MCL 78.2, 78.3, and 78.5), section 2 as amended by 1984 PA 430, and by adding section 2b; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 2. Villages Except as otherwise provided in section 2b, villages may be incorporated or territory detached therefrom, or added thereto, or consolidation made of 2 or more villages into 1 village by proceedings originating by a petition. therefor The petition must be signed by qualified electors residing within the cities, villages, or townships to be affected thereby, by the proposed incorporation, detachment, or consolidation, to a number not less than 1% of the population of the territory affected thereby by the proposed incorporation, detachment, or consolidation according to the last preceding United States census, which number shall in no case must not be less than 100. If all or any part of the district proposed to be incorporated , annexed, or detached has been subdivided into 1 or more subdivisions, the plat or plats of which have been recorded in the register of deeds' office of the proper county, the petition therefor shall must be signed by qualified electors residing within each such subdivision and by qualified electors residing within the unsubdivided portion, if any, of such the district to a number in each case of not less than 1% of the population of each such subdivision and of such unsubdivided portion of such the district. , such The population to be of the subdivision and unsubdivided portion is determined as of the date on which the first signature to such the petition shall be is obtained. If there are no qualified electors residing within the district proposed to be annexed or detached, or within a subdivided or unsubdivided portion of such a district, then such the petition shall must be signed by persons who collectively hold equitable title as vendees under a recorded land contract or memorandum of land contract, or record legal title to more than 1/2 the area of the land, exclusive of streets, lying within such the district, or subdivided portion of such the district, at the time the first signature to such the petition is obtained, and also by qualified electors in the remainder of the district to be affected by such annexation or the detachment, to the number hereinbefore provided by this section. If a summer resort association has been incorporated and has existed for 2 consecutive years under Act No. 230 of the Public Acts of 1897, as amended, being sections 455.1 to 455.24 of the Michigan Compiled Laws, 1897 PA 230, MCL 455.1 to 455.24, and such the summer resort association having a number of legal voters of has not less than 30 legal voters residing within such the territory, the same summer resort association may be incorporated as a village as hereinafter provided. provided under this section. Signatures of land owners as above provided shall must be followed by a description of the land and area thereof. In proceedings for the incorporation of a new village or the consolidation of 2 or more villages into 1 village, a petition signed by not less than 20 qualified electors who are freeholders residing within the territory proposed to be incorporated or consolidated, praying for the taking of a census of the inhabitants of the territory affected thereby, by the proposed incorporation or consolidation, may be filed with the county clerk of the county in which the territory is located. The county clerk within not later than 5 days after the filing of the petition shall certify to the president of each village and supervisor of each township affected thereby, by the proposed incorporation or consolidation, and to the secretary of state, that the petition has been so filed. Within Not later than 5 days after the service of the certificate, the secretary of state shall appoint enumerators to enumerate the inhabitants of each village proposed to be incorporated, or a consolidation made thereof. Before entering upon the duties of office, each enumerator shall take and subscribe to the constitutional oath of office before some an officer authorized to administer oaths and file the same oaths with the secretary of state and with the county clerk in which the territory is located. Each enumerator shall enumerate all of the bona fide inhabitants of the village or township, territory or portion thereof assigned to the enumerator by the secretary of state, and shall visit each house or dwelling and obtain the names of each known resident thereof. Each enumerator shall receive for his or her the enumerator's services not to exceed $5.00 per day, together with actual and necessary expenses therefor, which sum shall must be paid by the village or township within which the services of the enumerator were rendered. Upon completing the enumeration it shall be is the duty of the persons so appointed to make a return in duplicate of the enumeration showing the names of the inhabitants of each village or township, territory or district to the county clerk and to the secretary of state. No An enumeration or census shall must not be conducted in any village or township, or portion thereof, within 2 years of the date of the last enumeration in the territory. Every enumeration shall must be conducted under the general supervision and control of the secretary of state who shall make rules and regulations in accordance with the the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws, 1969 PA 306, MCL 24.201 to 24.328, for the purpose of carrying out this section. If a petition is signed by land owners in the case of a district which that is proposed to be annexed or detached in which there are no qualified electors residing, as above provided, then a sworn statement shall must also accompany such the petition giving the total area of the land, exclusive of streets, included within such uninhabited district to be annexed or detached, or such subdivided or unsubdivided portion thereof. The term "qualified electors" as used in this section as applied to persons residing within unsubdivided portions of the district shall include includes only such the electors who are owners of property assessed for taxes within the unsubdivided portions of the district.

Sec. 2b. (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.

(3) A petition or resolution for annexation of territory by a village must be filed with the commission unless any of the following circumstances apply:

(a) There is a conditional transfer of property made under 1984 PA 425, MCL 124.21 to 124.30.

(b) An annexation is made by an interlocal agreement under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512.

(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.

Sec. 3. Said A petition shall under section 2 must accurately describe the proposed boundaries of the village or of the territory to be annexed thereto or detached therefrom and if the purpose is to incorporate a new village, it shall must represent that the territory described contains not less than 150 inhabitants and an average of not less than 100 inhabitants per square mile.

Sec. 5. The Except as otherwise provided in section 2b, the district to be affected by every such proposed incorporation, consolidation, or change of boundaries, shall be deemed except for annexation, is considered to include the whole of each city, village, or township from which territory is to be taken. or to which territory is to be annexed: Provided, however, That proposed Proposed incorporations, consolidations, or changes of boundaries, shall except for annexation, must be submitted to the qualified electors residing within the territory proposed to be incorporated or residing within the village to which territory is to be annexed as the case may be, and also to the qualified electors of the city, village, or township, from which the territory to be taken is located. and at the election, when When the said question proposed incorporation, consolidation, or changes of boundaries, except for annexation is voted upon, the city, village, or township shall conduct the election in such manner as to keep the votes of the qualified electors in the territory proposed to be incorporated or annexed or detached in a separate box from the one box containing the votes from the remaining portions of such the city, village, or township. , and if If the returns of said the election shall show a majority of the votes cast in the district proposed to be incorporated, or annexed, voting separately, to be in favor of the proposed incorporation or change of boundary, except for annexation, as the case may be, applicable, and if a majority of the electors voting in the remainder of the district to be affected as herein defined, voting collectively, are in favor of the proposed incorporation or change of boundary, except for annexation, as the case may be, then such the territory shall become is incorporated as a village or shall become becomes a part of the corporate territory of the village, or shall be is detached therefrom. , as the case may be: Provided further, That in case If there are no qualified electors residing within the territory proposed to be detached , or annexed, and if a majority of electors voting in the remainder of the district to be affected, as herein defined, as described in this section, are in favor of the proposed change of boundary, except for annexation, then such the territory shall become becomes a part of the corporate territory of the village or shall be is detached therefrom. , as the case may be: Provided further, That the The question of incorporating a new village from territory located in a township or townships shall be is determined by a majority of the votes cast at an election at which only the electors residing within the territory proposed to be incorporated shall vote.