Bill Text: MI HB6357 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Local government: intergovernmental affairs; public notice provided under the metropolitan councils act; revise to make reference to the local government public notice act. Amends secs. 9, 33, 49, 63 & 71 of 1989 PA 292 (MCL 124.659 et seq.). TIE BAR WITH: HB 6440'20

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6357 Detail]

Download: Michigan-2019-HB6357-Introduced.html

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HOUSE BILL NO. 6357

November 12, 2020, Introduced by Reps. Coleman and Steven Johnson and referred to the Committee on Government Operations.

A bill to amend 1989 PA 292, entitled

"Metropolitan councils act,"

by amending sections 9, 33, 49, 63, and 71 (MCL 124.659, 124.683, 124.699, 124.713, and 124.721), sections 9 and 33 as amended and section 71 as added by 1998 PA 373 and sections 49 and 63 as added by 1998 PA 375.

the people of the state of michigan enact:

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Sec. 9. (1) The articles of a metropolitan area council shall

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must be adopted and may be amended by an affirmative vote of a majority of the members elected to and serving on the legislative body of each participating local governmental unit.

(2) Before January 1, 2022, before the articles or amendments are adopted by any participating local governmental unit, the articles or amendments shall must be published by the clerk of the largest participating local governmental unit at least once in a newspaper generally circulated within the participating cities, villages, and townships. Beginning January 1, 2022, before the articles or amendments are adopted by any participating local governmental unit, the clerk of the largest participating local governmental unit shall post public notice of the articles or amendments as set forth in the local government public notice act.

(3) The adoption of articles or amendments by the legislative body of a local governmental unit shall must be evidenced by an endorsement on the articles or amendments by the clerk of the local governmental unit in a form substantially as follows:

These articles of incorporation (or amendments) were adopted by an affirmative vote of a majority of the members serving on the legislative body of ___________________________, _________________ at a meeting duly held on the ____ day of __________, A.D., ____.

	___________________________
		_________________

(4) Upon adoption of adopting the articles or amendments, a printed copy of the articles or the amended articles shall must be filed by the clerk of the largest participating local governmental unit with the secretary of state, the clerk of each county in which is located all or part of a participating city, village, or township, and the clerk of each participating city, village, or

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township.

Sec. 33. (1) Except as otherwise provided in subsection (2), a local governmental unit participating in a council under this act may withdraw from membership in the council if all of the following conditions are met:

(a) Adoption of a resolution by a majority of the members elected to and serving on the legislative body of the local governmental unit requesting withdrawal from membership.

(b) Payment or the provision for payment is made regarding any obligations of the local governmental unit to the council or its creditors.

(2) If, upon withdrawal of a local governmental unit, the local governmental unit has unpaid obligations to the council, a tax levied by the council under this act before withdrawal of the local governmental unit shall must continue to be levied in the local governmental unit, to the extent and in an amount needed to satisfy the unpaid obligations, until the obligations are paid or the tax expires, whichever happens occurs first. A local governmental unit that withdraws from a council shall must continue to receive services from the council until the local governmental unit is no longer required to pay a tax levied by the council.

(3) Withdrawal of a local governmental unit from a council shall must be evidenced by an amendment to the articles executed by the secretary or, if the council has no secretary, by the chairperson of the council and filed and published or posted in the same manner as the original articles.

Sec. 49. (1) Except as provided in subsection (2), the articles of a metropolitan region council shall must authorize each participating qualified county to receive up to 1/3 of any net

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revenues collected within that participating qualified county under section 47. The amount of up to 1/3 of net revenues received shall must be expended to fund those cultural and recreational programs and facilities that are not primarily designed or used for professional sports.

(2) A participating qualified county with a population of more than 2,000,000 1,500,000 persons according to the most recent federal decennial census shall not receive any net revenues collected within that county under section 47(2). Instead, 1/3 of the net revenues collected in each city, village, or portion of a township that is not incorporated as a city or village shall must be retained by that city, village, or portion of a township, and those net revenues shall must be expended by the affected cities, villages, and portions of townships to fund only cultural and recreational programs and facilities that are not primarily designed or used for professional sports.

(3) Before January 1, 2022, before the articles or amendments are adopted by any participating city, the articles or amendments shall must be published by the clerk of the participating city at least once in a newspaper generally circulated within the participating city. Beginning January 1, 2022, before the articles or amendments are adopted by any participating city, the clerk of the participating city shall post public notice of the articles or amendments as set forth in the local government public notice act.

(4) Before January 1, 2022, before the articles or amendments are adopted by participating qualified counties, the articles or amendments shall must be published by the clerk of each participating qualified county at least once in a newspaper generally circulated within that county. Beginning January 1, 2022,

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before the articles or amendments are adopted by participating qualified counties, the clerk of each participating qualified county shall post public notice of the articles or amendments as set forth in the local government public notice act.

(5) (4) The adoption of articles or amendments by the legislative body of a participating county or city shall must be evidenced by an endorsement on the articles or amendments by the clerk of the participating county or city in a form substantially as follows:

These articles of incorporation (or amendments) were adopted by an affirmative vote of a majority of the members serving on the legislative body of ___________________________, _________________ at a meeting duly held on the ____ day of __________, A.D., ____.

	___________________________
		_________________

(6) (5) Upon adoption of adopting the articles or amendments by a metropolitan region council, the clerk of each participating county shall file in that county and with the secretary of state a printed copy of the adopted or amended articles.

Sec. 63. (1) Except as otherwise provided in subsection (2), a participating qualified county or qualified city may withdraw from membership in the metropolitan region council if all of the following conditions are met:

(a) Adoption of a resolution by a majority of the members elected to and serving on the legislative body of the qualified county or qualified city requesting withdrawal from membership.

(b) Payment or the provision for payment is made regarding any obligations of the qualified county or qualified city to the metropolitan region council or its creditors.

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(2) If, upon withdrawal, a qualified county or qualified city has unpaid obligations to the metropolitan region council that arose under section 47(2) before withdrawal of the qualified county or qualified city, the obligations shall must continue to be imposed in the qualified county or qualified city, to the extent and in an amount needed to satisfy the unpaid obligations, until the obligations are paid or expire, whichever happens occurs first. A qualified county or qualified city that withdraws from a metropolitan region council shall must continue to receive services from the council until that qualified county or qualified city is no longer required to satisfy an obligation imposed by the council under section 47(2).

(3) Withdrawal of a qualified county or qualified city from a metropolitan region council shall must be evidenced by an amendment to the articles executed by the secretary or, if the council has no secretary, by the chairperson of the council and filed and published or posted in the same manner as the original articles.

Sec. 71. (1) The articles of a metropolitan arts council shall must be adopted and may be amended by an affirmative vote of a majority of the county commissioners.

(2) Before January 1, 2022, before the articles or amendments are adopted by the county commission, the articles or amendments shall must be published by the county clerk. The Before January 1, 2022, the county clerk shall must publish the articles or amendments at least once in a newspaper generally circulated within the county. Beginning January 1, 2022, before the articles or amendments are adopted by the county commission, the county clerk shall post public notice of the articles or amendments as set forth in the local government public notice act.

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(3) The adoption of articles or amendments by the county commission shall must be evidenced by an endorsement on the articles or amendments by the county clerk in a form substantially as follows:

These articles of incorporation (or amendments) were adopted by an affirmative vote of a majority of the members serving on the county commission of ___________________________, _________________ at a meeting duly held on the ____ day of __________, A.D., ____.

	___________________________
		_________________

(4) Upon adoption of adopting the articles or amendments, a printed copy of the articles or the amended articles shall must be filed by the clerk of the county and with the secretary of state.

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.