Bill Text: MI HB4397 | 2013-2014 | 97th Legislature | Chaptered
Bill Title: Local government; intergovernmental affairs; filing deadline for local ballot question involving a metropolitan council; modify. Amends sec. 27 of 1989 PA 292 (MCL 124.677). TIE BAR WITH: HB 4393'13
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Passed) 2013-12-31 - Assigned Pa 257'13 With Immediate Effect 2013 Addenda [HB4397 Detail]
Download: Michigan-2013-HB4397-Chaptered.html
Act No. 257
Public Acts of 2013
Approved by the Governor
December 26, 2013
Filed with the Secretary of State
December 27, 2013
EFFECTIVE DATE: April 26, 2014
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2013
Introduced by Reps. VerHeulen, Jacobsen, Price, Pagel, Outman, Kosowski, Victory and Cotter
ENROLLED HOUSE BILL No. 4397
AN ACT to amend 1989 PA 292, entitled “An act to authorize certain local governmental units to create certain councils under certain circumstances; to prescribe the powers and duties of councils established under this act; and to authorize certain councils established under this act to levy a property tax,” by amending section 27 (MCL 124.677), as amended by 2003 PA 301.
The People of the State of Michigan enact:
Sec. 27. (1) A proposal for a tax authorized to be levied by a council under this act shall not be placed on the ballot unless the proposal is adopted by a resolution of the council and certified by the council not later than 4 p.m. on the twelfth Tuesday before the election to the county clerk of each county in which all or part of a participating city, village, or township is located for inclusion on the ballot. The proposal shall state the amount and duration of the millage and shall be certified for inclusion on the ballot at the next general election, the state primary immediately preceding the general election, or a special election at a proposed date not within 45 days of a state primary or a general election, as specified by the council’s resolution. A proposed special election date shall be scheduled in compliance with the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
(2) The county election commission shall provide ballots for an election for a tax proposal for each city, village, or township or part of a city, village, or township located within the county that is participating in a council under this act.
(3) Except as otherwise provided in subsections (4) and (5), an election for a tax shall be conducted by the city and township clerks and election officials of the cities and townships participating in a council under this act.
(4) If an election on a proposal for a tax is to be held in conjunction with a general election or state primary election and if a village participating in a council under this act is located within a nonparticipating township, the township clerk and election officials shall conduct the election. On the forty-fifth day preceding the election, the village clerk or other official maintaining a file of qualified and registered electors of the village shall provide to the township clerk a list containing the name, address, and birth date of each qualified and registered elector of the village. By the fifteenth day preceding the election, the village clerk or other official providing the list shall provide to the township clerk information updating the list as of the close of registration. Persons appearing on the list as updated are eligible to vote in the election by special ballot.
(5) If a tax is to be voted on at a special election not held in conjunction with a general election or state primary election and if a village participating in a council under this act is located within a nonparticipating township, the village clerk and election officials shall conduct the election.
Enacting section 1. This amendatory act takes effect 120 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4393 of the 97th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
