SB-0381,As Passed Senate, June 5, 2003
April 22, 2003, Introduced by Senator SANBORN and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1968 PA 191, entitled
"An act to create a state boundary commission; to prescribe its
powers and duties; to provide for municipal incorporation,
consolidation, and annexation; to prescribe penalties and provide
remedies; and to repeal acts and parts of acts,"
by amending section 11b (MCL 123.1011b), as added by 1982 PA
192.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 11b. (1) If the commission, after determining the
2 validity of a petition or resolution for annexation, has ordered
3 a public hearing pursuant
to section 9 of Act No. 279 of the
4 Public Acts of 1909,
as amended, being section 117.9 of the
5 Michigan Compiled Laws
the home rule city act, 1909 PA
279,
6 MCL 117.9, and if on the date the petition or resolution was
7 filed more than 100 persons resided in the area proposed for
8 annexation, the legislative body of each city and township
9 affected by the proposed annexation may pass a resolution calling
1 for a referendum on the question of annexation. If a copy of
2 each resolution passed by the legislative body of each affected
3 city and township is filed with the commission and the commission
4 approves the annexation, the commission, in its order approving
5 the annexation, shall order that a referendum on the question of
6 annexation be held in each affected city and township. If a
7 resolution calling for a referendum on the question of annexation
8 is not passed by each affected city and township and filed with
9 the commission, the referendum and election shall be subject to
10 section 9(5) of Act
No. 279 of the Public Acts of 1909, as
11 amended 9 of the home rule city act, 1909 PA 279, MCL
117.9.
12 However, if a referendum in each affected city and township is
13 ordered pursuant to this section and if the majority of the
14 electorate voting on the question in each city and township in
15 which a referendum was held, voting separately, approve the
16 annexation, the annexation shall be effective on a date set by
17 order of the commission, otherwise the annexation shall not take
18 effect.
19 (2) This section shall
apply applies to all petitions or
20 resolutions for annexation filed with the commission after May 1,
21 1982.
22 (3) This section is an alternative to the referendum and
23 election process provided
for in section 9(5) of Act No. 279 of
24 the Public Acts of
1909, as amended 9 of the home
rule city act,
25 1909 PA 279, MCL 117.9,
and does not supersede section 9(5) of
26 Act No. 279 of the
Public Acts of 1909, as amended that
27 section.
1 (4) A petition or resolution for annexation of territory in a
2 township with 100 or fewer residents is subject to the referendum
3 and election process provided for in section 9c of the home rule
4 city act, 1909 PA 279, MCL 117.9c.
5 Enacting section 1. This amendatory act does not take
6 effect unless all of the following bills of the 92nd Legislature
7 are enacted into law:
8 (a) Senate Bill No. 383
9 .
10 (b) Senate Bill No. 380
11 .
12 (c) Senate Bill No. 384
13 .
14 (d) Senate Bill No. 382
15 .
16 (e) Senate Bill No. 379
17 .