June 30, 2005, Introduced by Senators BIRKHOLZ, ALLEN, TOY, KUIPERS and VAN WOERKOM and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to provide for coordinated land use and capital
facility planning among cities, villages, townships, counties,
regions, and state and federal agencies; to provide for the
creation, organization, powers, and duties of planning commissions;
to provide for the preparation of capital improvement programs; to
provide conditions for funding or construction of capital
improvements; to authorize the review of land divisions, plats, and
condominium projects; to establish a grant program to assist with
the financing of plans; to provide for the powers and duties of
certain state and local governmental officers and entities; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 1
SHORT TITLE AND DEFINITIONS
Sec. 1. This act shall be known and may be cited as the
"coordinated planning act".
Sec. 3. As used in this act:
(a) "Capital facility" means land, a structure, a piece of
equipment, or another major asset, if acquired or constructed with
public funds or constructed or operated with public funds by a
private entity under contract to a state or regional governmental
entity or political subdivision and used to provide a public
service.
(b) "Capital improvement program" or "CIP" means a document,
as described and adopted under section 71, that contains a schedule
for the purchase, sale, construction, improvement, or replacement
of capital facilities within the current year and the next 5 or
more years.
(c) "Chief administrative officer" means 1 of the following,
as applicable:
(i) In a city, the city manager, or, if there is no city
manager, the mayor.
(ii) In a village, the village manager, or, if there is no
village manager, the village president.
(iii) In a township, the township manager. If there is no
township manager, "chief administrative officer" means the township
superintendent, or, if there is no township superintendent, the
township supervisor.
(iv) In a county organized under 1966 PA 293, MCL 45.501 to
45.521, the county executive or chief administrative officer.
(v) In a county organized under 1973 PA 139, MCL 45.551 to
45.573, the county manager or county executive.
(vi) In any other county, the chairperson of the county board
of commissioners.
(d) "Comprehensive plan" means a plan as described in section
49.
(e) "County plan" means a plan of the type specified in
section 43 for the development of a county.
(f) "County planning commission" means a planning commission
established under section 11(3).
(g) "Department", unless the context indicates a different
meaning, means the department of management and budget.
(h) "Future land use plan" means a plan described in section
47.
(i) "General plan" means a plan as described in section 45.
(j) "Governing body" means the following:
(i) With respect to a city or village, the legislative body of
the city or village.
(ii) With respect to a township, the township board.
(iii) With respect to a county, the county board of
commissioners.
(iv) With respect to a local authority established by or
pursuant to state law, the board of that authority.
(k) "Growth management plan" or "redevelopment plan" means a
plan as described in section 51.
(l) "Guideline" means that term as defined in section 3 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.203.
Sec. 5. As used in this act:
(a) "Joint municipal plan" means a plan of the type specified
in section 43 for the development of the combined territory of 2 or
more municipalities.
(b) "Joint municipal planning commission" means a planning
commission established under section 11(2).
(c) "Local unit" means a municipality or county.
(d) "Municipal" or "municipality" means or refers to a city,
village, or township.
(e) "Municipal plan" means a plan of the type specified in
section 43 for the development of a municipality.
(f) "Municipal planning commission" means a planning
commission established under section 11(1) or exercising the powers
and duties of such a planning commission pursuant to section 11(1).
Sec. 7. As used in this act:
(a) "Participating" means either of the following:
(i) With reference to a municipality, that the municipality has
taken part in the establishment of a joint municipal planning
commission or joined an existing joint municipal planning
commission and has not withdrawn from the joint municipal planning
commission.
(ii) With reference to a public school academy, special
authority, or political subdivision, that the political subdivision
has taken part in the establishment of a regional planning
commission or joined an existing regional planning commission, as
applicable, and has not withdrawn from the regional planning
commission.
(b) "Plan", unless the context indicates a different meaning,
means a county plan, municipal plan, joint municipal plan, or
regional plan.
(c) "Planning commission", unless the context indicates a
different meaning, means a county planning commission, municipal
planning commission, joint municipal planning commission, or
regional planning commission.
(d) "Plat" means that term as defined in section 102 of the
land division act, 1967 PA 288, MCL 560.102.
(e) "Political subdivision" means a local unit, a school
district, or an authority established by 2 or more local units by
or pursuant to state law.
(f) "Proposing", when used to describe a planning commission,
means a planning commission that intends to prepare or has prepared
a proposed plan.
(g) "Region" means the jurisdictional area of a regional
planning commission.
(h) "Regional plan" means a plan of the type specified in
section 43 for the development of the area under the jurisdiction
of a regional planning commission.
(i) "Regional planning commission", unless the context
indicates a different meaning, means any of the following:
(i) A regional planning commission established under section
11(4).
(ii) Except as used in sections 13 to 27, a regional planning
commission or regional council of governments acting pursuant to
section 11(5).
(iii) Except as used in sections 13 to 27, a metropolitan area
council established under section 5 of the metropolitan councils
act, 1989 PA 292, MCL 124.655, or a regional council of
governments, acting pursuant to section 11(6).
(j) "Reviewing entity" means a state agency, planning
commission, drain commission, or road commission to which a
municipal plan, joint municipal plan, county plan, or regional plan
is required to be submitted for review under section 55(1)(b) to
(e).
CHAPTER 2
PLANNING COMMISSIONS
Sec. 11. (1) By ordinance, the governing body of a
municipality may establish a municipal planning commission or, if
the municipality has a population of less than 2,500, may provide
that the governing body shall serve as the municipal planning
commission. A planning commission established before the effective
date of this act by municipal charter may continue to operate on
and after the effective date of this act subject to the charter
provisions without being reconstituted under this act. However, a
municipality may by ordinance or charter amendment alter the powers
and duties of a planning commission established by charter to
include the powers and duties of a municipal planning commission
under this act. Furthermore, any municipal charter amendment
related to a planning commission and adopted after the effective
date of this act shall conform to this act.
(2) The governing bodies of 2 or more contiguous
municipalities may by resolution adopt an agreement establishing a
joint municipal planning commission. The jurisdictional area of the
joint municipal planning commission shall consist of the combined
territory of the participating municipalities. The agreement shall
include a procedure by which a participating municipality may
withdraw from the joint municipal planning commission and a
procedure by which a municipality may join the joint municipal
planning commission.
(3) The county board of commissioners of a county may by
ordinance establish a county planning commission.
(4) The governing bodies of 3 or more contiguous counties, and
of any number of other political subdivisions within those
counties, may by resolution adopt an agreement establishing a
regional planning commission. The agreement shall describe the area
over which a regional planning commission has responsibility to
prepare a coordinated plan. The agreement shall include a procedure
by which a participating political subdivision may withdraw from
the regional planning commission and a procedure by which a
political subdivision may join a regional planning commission.
(5) Notwithstanding subsection (4), a regional planning
commission created under 1945 PA 281, MCL 125.11 to 125.25, a
regional council of governments to which the activities, functions,
and programs of such a regional planning commission were
transferred under section 14 of 1945 PA 281, MCL 125.24, or a
regional economic development commission created under 1966 PA 46,
MCL 125.1231 to 125.1237, may exercise the powers provided for a
regional planning commission in this act but only if the regional
planning commission, regional council of governments, or regional
economic development commission was in existence on the effective
date of this act, has boundaries as defined in Executive Directive
1992-2, and complies with the applicable requirements of this act.
(6) A regional planning commission created under 1945 PA 281,
MCL 125.11 to 125.25, and either a regional council of governments
or a metropolitan area council established under section 5 of the
metropolitan councils act, 1989 PA 292, MCL 124.655, may by
resolution adopt an agreement to transfer that regional planning
commission's powers, functions, staff, assets, and liabilities
under this act to the regional council of governments or
metropolitan area council if the territory to be served is
coterminous with county boundaries and includes all the territory
served by the regional planning commission. To be effective, the
agreement shall also be approved by a resolution of the governing
bodies of a majority of the political subdivisions participating in
that regional planning commission. If the agreement takes effect,
the regional council of governments or metropolitan area council
may receive and disburse grants-in-aid and other revenues that
would otherwise be available to that regional planning commission.
This subsection is subject to subsection (5).
(7) Upon establishment of a municipal planning commission or
joint municipal planning commission under this act, an existing
planning commission for an establishing municipality established
under 1931 PA 285, MCL 125.31 to 125.45, 1959 PA 168, MCL 125.321
to 125.333, or the joint municipal planning act, 2003 PA 226, MCL
125.131 to 125.143, is abolished. Upon establishment of a county
planning commission under this act, a planning commission for that
county established under 1945 PA 282, MCL 125.101 to 125.115, is
abolished.
Sec. 13. (1) Except in a municipality where the governing body
is serving as a municipal planning commission pursuant to section
11(1) and consists of less than 5 members, a municipal planning
commission or county planning commission shall consist of 5 or more
regular, voting members. A joint municipal planning commission
shall consist of 5 or more regular, voting members as determined by
the agreement establishing the planning commission. A regional
planning commission shall consist of 9 or more regular, voting
members or such membership as determined by the agreement
establishing that regional planning commission. Each municipality
participating in a joint municipal planning commission or each
county participating in a regional planning commission shall be
represented on the regional planning commission by 1 or more
members as determined by the agreement.
(2) Except in a municipality where the governing body is
serving as a municipal planning commission pursuant to section
11(1), a municipal planning commission or county planning
commission may include not more than 2 alternate members. A joint
municipal planning commission may include a number of alternate
members not to exceed 1/3 of the total number of regular members as
determined by the agreement establishing the planning commission. A
regional planning commission may include a number of alternate
members, not to exceed the total number of regular members, as
determined by the agreement establishing the planning commission.
An alternate member may be called on a rotating basis, under
circumstances specified by the ordinance or agreement establishing
the planning commission, to serve in the absence of a regular
member if a regular member has been absent for 2 or more
consecutive meetings or is expected to be absent for 2 or more
consecutive meetings. An alternate member may also be called to
serve as a regular member if a regular member has abstained on a
matter because of conflict of interest. The alternate member
appointed shall serve until the return of a regular member.
However, if requested by the chairperson of the planning
commission, the alternate member shall continue to serve on a
pending individual case after the return of the regular member
until a decision is made, and the regular member shall not
participate in that case.
(3) A member of a planning commission shall be appointed by
the following officer or body of the political subdivision
represented by that member:
(a) The mayor of a city, the president of a village, or the
supervisor of a township with the concurrence of a majority of the
members of the governing body of the municipality.
(b) The county executive or chief administrative officer of a
county organized under 1966 PA 293, MCL 45.501 to 45.521, or the
county manager or county executive of a county organized under 1973
PA 139, MCL 45.551 to 45.573, with the concurrence of a majority of
the members of the county board of commissioners.
(c) The county board of commissioners of a county other than a
county described in subdivision (b), acting by the affirmative vote
of a majority of its members.
(d) The board or other governing body of a political
subdivision that is not a local unit, acting by the affirmative
vote of a majority of its members.
(4) A member of a planning commission shall be a qualified
elector and shall reside within the jurisdictional area of the
planning commission. An officer or body appointing members of a
planning commission under subsection (3) shall strive to provide
representation of the members' jurisdictional area that is balanced
geographically and by major interests.
(5) No more than 1 member of a zoning board or zoning board of
appeals of a local unit may be a member of a planning commission
established by that local unit or of a joint municipal planning
commission in which that local unit is participating.
(6) The chief administrative officer or employee of a local
unit shall not be a member of a planning commission established by
that local unit or of a joint municipal planning commission in
which that local unit is participating.
(7) Subject to subsection (8), not more than 1 member of a
governing body of a municipality or county may be a member of a
municipal planning commission or county planning commission
established by that municipality or county. The mayor of a city,
the president of a village, or the supervisor of a township shall
not be a member of a municipal planning commission established by
that city, village, or township. The chairperson of the county
board of commissioners of the county shall not be a member of a
county planning commission established by that county.
(8) Subsection (7) does not apply to a municipality with a
population of less than 2,500 in which the governing body serves as
the municipal planning commission or to a planning commission
established before the effective date of this act by municipal
charter if the municipal charter provides otherwise.
(9) Notwithstanding a requirement as to the size of the
planning commission or any other requirement under this section,
the governing body of a local unit may provide by resolution that
an individual serving immediately before the effective date of this
act as a member of a planning commission established by that local
unit or as a representative of that local unit on a regional
planning commission may continue to serve, for the duration of his
or her term, as a member of a successor planning commission
established by that local unit under this act or as a
representative of that local unit on a successor regional planning
commission established under section 11(4), respectively.
Sec. 15. Subject to sections 11(1) and 13(9), the term of a
member of a municipal planning commission, a joint municipal
planning commission, or a county planning commission is 3 years.
However, the officer or body appointing members of a planning
commission under section 13 shall make initial appointments of
shorter terms as necessary so that as nearly as possible the terms
of 1/3 of the members expire each year. The term of a member of a
regional planning commission shall be as established in the
agreement creating that regional planning commission.
Sec. 17. (1) A vacancy in the office of a member of a planning
commission shall be filled for the remainder of the term in the
same manner as the original appointment was made.
(2) A member of a planning commission may be removed from
office by the officer or body authorized to appoint members of the
planning commission under section 13, with the concurrence of the
body authorized to concur in the appointment of the member, if any.
The member may only be removed after a hearing under the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275, if so requested by
the member. A member of a planning commission may be removed from
office only for malfeasance, misfeasance, or nonfeasance in office.
Sec. 19. (1) A member of a municipal planning commission or
county planning commission or of an advisory or other committee
thereof may receive compensation and reimbursement for actual,
reasonable expenses pursuant to standards and procedures adopted by
ordinance or resolution of the governing body of the local unit. A
member of a joint municipal planning commission, of a regional
planning commission, or of an advisory or other committee of either
such planning commission may receive compensation and reimbursement
for actual, reasonable expenses pursuant to standards and
procedures in an agreement adopted by the governing bodies of the
participating municipalities by resolution.
(2) Compensation under subsection (1) may consist of a per
diem. An individual shall not receive a per diem for attending more
than 1 meeting of the planning commission or more than 1 meeting of
the same committee of the planning commission per day.
Sec. 21. (1) The governing body of a local unit in which there
is a municipal planning commission or a county planning commission
shall include in the general budget an annual operating budget for
the planning commission and shall appropriate the budgeted amount
to the planning commission. The governing body of each local unit
participating in a joint municipal planning commission shall adopt
resolutions agreeing upon an annual operating budget for the
planning commission and upon the share of the operating budget to
be contributed by each local unit. The governing body of each local
unit participating in a joint municipal planning commission or a
regional planning commission shall include in the general budget of
that local unit the local unit's share of the annual operating
budget for that planning commission and shall appropriate the
budgeted amount to that planning commission.
(2) A municipal planning commission or county planning
commission shall submit a written annual report to the governing
body of the municipality or county. A joint municipal planning
commission or regional planning commission shall submit an annual
report to the governing bodies of the participating political
subdivisions. The annual report created under this subsection shall
cover the planning commission's operations and the status of its
planning activities, including its expenditures and recommendations
related to planning and development. The planning commission shall
prepare an annual work program for activities and funding requests
from all sources during the succeeding year and submit it to the
appropriate governing body or governing bodies in time to be
considered as part of the general budget under subsection (1).
Sec. 23. (1) A planning commission, chief administrative
officer, or governing body may contract for planning related
services pursuant to any procedures of the local unit or planning
commission governing such contracts or hire personnel necessary to
carry out the functions of this act.
(2) Except as otherwise provided in this act, this section
does not affect contracts entered into or charter provisions
adopted before the effective date of this act.
Sec. 25. (1) A planning commission shall elect from its
members a chairperson, a vice-chairperson, a secretary, and such
other officers as it considers advisable. The term of office of
each officer shall be 1 year.
(2) A planning commission shall adopt bylaws.
(3) In the conduct of its business, a planning commission
shall establish procedures that encourage and provide opportunity
for input by any individual, without regard to geographic area of
residence. The planning commission shall keep a public record of
its resolutions, transactions, findings, and determinations.
(4) A planning commission shall hold not less than 4 regular
meetings each year. A special meeting shall be called by the
chairperson upon written request to the secretary by at least 2
members or such greater number of members as may be required by the
planning commission's bylaws. The business that the planning
commission performs shall be conducted at a public meeting of the
planning commission held in compliance with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date,
and place of a regular or special meeting shall be given in the
manner required by the open meetings act, 1976 PA 267, MCL 15.261
to 15.275, and the secretary shall send written notice of a special
meeting to commission members not less than 18 hours in advance of
the meeting.
(5) A writing prepared, owned, used, in the possession of, or
retained by the planning commission in the performance of an
official function shall be made available to the public in
compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(6) Members of a planning commission are subject to any
applicable ordinance or law concerning incompatible offices or
conflicts of interest including, but not limited to, 1978 PA 566,
MCL 15.181 to 15.185, and 1968 PA 317, MCL 15.321 to 15.330. An
ordinance or agreement establishing a planning commission shall
describe the circumstances under which a conflict of interest
exists and set forth the procedure for abstention, if abstention is
required.
Sec. 27. A planning commission may appoint committees of its
members and advisory committees on which qualified individuals who
are not members of the planning commission may serve.
Sec. 29. (1) When preparing or revising a plan, a planning
commission shall encourage broad-based input from citizens,
interest groups, and public officials from across the
jurisdictional area of the planning commission.
(2) A planning commission shall act as coordinating agency for
information and program activities related to its objectives. A
planning commission shall coordinate its plan with related plans of
the departments or subdivisions of the local unit or participating
local units and the relevant plans of the county, region, state,
and federal government, subject to any requirements of this act.
(3) Each county planning commission shall maintain planning
data and maps with a wide range of information pertinent to
planning in the county in formats that are reasonably accessible to
the public. A county planning commission and regional planning
commission whose jurisdiction includes that county may agree that
the regional planning commission shall assume the county's
responsibilities under this subsection.
Sec. 31. (1) A planning commission has those powers necessary
to prepare plans, coordinate planning with adjoining units of
government and other governmental agencies, promote and, to the
extent provided for by this act, maintain consistency between
adopted plans and land development regulations and capital
improvement programs adopted to implement those plans, and
otherwise carry out the purposes of this act or a plan adopted
under this act.
(2) A county planning commission, municipal planning
commission, or joint municipal planning commission may implement a
task or program delegated to the planning commission. The task or
program shall be delegated to the planning commission by agreement
or by ordinance. However, a specific project may be delegated by
resolution of the governing body, or, for a joint municipal
planning commission, resolution of the governing body of each
participating municipality. The power to sell land, to acquire land
by gift, purchase, or condemnation, or to acquire any other
property by condemnation shall not be delegated to the planning
commission.
CHAPTER 3
LOCAL UNIT AND REGIONAL PLANS
Sec. 41. (1) Subject to the requirements of this chapter, a
planning commission shall prepare a plan for the development of the
jurisdictional area of the planning commission. The plan may be in
the form of either a "general plan", "future land use plan",
"comprehensive plan", "growth management plan", or "redevelopment
plan", as appropriate based on the content of the plan. A part of a
plan adopted under section 53(3) shall have a title reflective of
its contents and also indicate, as part of the title, that it
supplements a specific type plan under this section described by
its title.
(2) The purpose of a plan is to promote public health, safety,
and general welfare through the creation of economically and
environmentally sustainable communities whose plans are compatible
with other plans of other local units, authorities, and state
agencies, as specified in this act.
(3) A municipal plan or joint municipal plan shall serve as
the principal general policy guide for future land use and capital
facilities within the municipality or municipalities that adopted
the plan. In addition, all of the following shall be based on and
consistent with the municipal plan or joint municipal plan:
(a) Any municipal zoning, land division, subdivision,
condominium, redevelopment, or purchase of development rights
ordinances and rules.
(b) Any municipal capital improvement programs.
(c) Any other municipal programs recognized in the municipal
plan or joint municipal plan as being related to the development or
redevelopment of the jurisdictional area and required by law to be
based on a plan.
(4) If the governing bodies of at least 60% of the
municipalities within a county that have planning commissions,
after considering the recommendations of their respective planning
commissions, approve a county plan for that county, the county plan
shall serve as the principal general policy guide for future land
use and county capital facilities as defined in the county plan. In
addition, all of the following shall be based on the county plan:
(a) Any county zoning and land division ordinances and rules.
(b) Any county capital improvement programs.
(c) Any other county programs recognized in the county plan as
being related to the physical growth or redevelopment of the county
and required by law to be based on a plan.
(5) A regional plan shall serve as the principal general
policy guide for future land use and capital facilities serving the
region. Any program that the regional planning commission has
authority to implement and required by law to be based on a plan
shall be based on the regional plan.
Sec. 43. (1) A regional plan or a county plan for a county
that has not adopted a zoning ordinance shall be a general plan as
described in section 45. A municipal plan, a joint municipal plan,
or a county plan for a county that has adopted a zoning ordinance
shall be a future land use plan as described in section 47, a
comprehensive plan as described in section 49, or, as appropriate,
a growth management plan or redevelopment plan as described in
section 51.
(2) Additional provisions concerning the contents of plans are
found in section 53.
(3) Procedures for the preparation, adoption, and amendment of
plans and to promote coordination of plans are found in sections 55
to 65.
Sec. 45. A regional plan or a county plan for a county that
has not adopted a zoning ordinance shall be a general plan. A
general plan shall be a policy-based plan with generalized future
land use maps. A general plan shall include all of the following:
(a) A separate section on needs for affordable and assisted
housing and a strategy to meet those needs, as well as a section on
job retention and expansion and a strategy to meet those needs.
(b) A separate section on the relationship between jobs,
housing, and transportation within the county or region.
(c) A separate section on multimodal transportation including
streets and highways, public transit, airports, railroads, ports,
and pedestrian and bicycle ways.
(d) A separate section on capital facilities owned or
operated, or both, or privately contracted for by the county or by
a regional governmental entity, together with long-range fiscal
plans for the provision of new capital facilities for the county or
region. The long-range fiscal plans shall be the basis for the
county or regional capital improvement program.
(e) If the general plan is for a county, a cumulative analysis
of all the municipal plans and joint municipal plans of
municipalities within the county regarding buildout, economic,
fiscal, and environmental impacts.
(f) Such other elements as determined by the planning
commission.
(g) A program of implementation.
Sec. 47. (1) A municipal plan, a joint municipal plan, or a
county plan for a county that has adopted a zoning ordinance may be
a future land use plan.
(2) A future land use plan shall address land use at least 20
years into the future and shall include all of the following
elements:
(a) The arrangement of future land uses. Each future land use
category shall be described in the text and depicted on a future
land use map showing the general location and arrangement of all
future land uses, including the abutting future land uses of any
adjacent communities. Individual parcel lines shall not be evident
on a future land use map.
(b) A future transportation network, including, but not
limited to, roads and streets, bridges, railroads, airports,
bicycle paths, and pedestrian ways.
(c) Future capital facilities necessary for the future land
use plan to serve as the basis for the development and annual
updating of a capital improvement program under chapter 4.
(d) If the local unit is a county that has adopted a zoning
ordinance, the future land use plan shall also include all of the
elements of a general plan.
(e) A program of implementation.
(3) Each of the elements of a future land use plan listed in
subsection (2) shall incorporate goals, objectives, policies, and
strategies to be employed in fulfilling the plan. Each element of a
future land use plan may utilize maps, plats, charts, and tables.
Maps, plats, charts, and tables shall be accompanied by explanatory
text.
Sec. 49. (1) A municipal plan, a joint municipal plan, or a
county plan for a county that has adopted a zoning ordinance may be
a comprehensive plan.
(2) A comprehensive plan shall, at a minimum, include all of
the following:
(a) All the elements of a future land use plan.
(b) Recommendations for environmental protection and for the
social, economic, or physical development or redevelopment of the
jurisdictional area.
(c) A separate section on multimodal transportation
facilities, together with long-range fiscal plans for the provision
or replacement of transportation facilities. This section may be
part of the future transportation network element of a future land
use plan.
(d) Future capital facilities necessary for the comprehensive
plan to serve as the basis for the development and annual updating
of a capital improvement program.
(e) An analysis covering existing conditions of and strategies
to address identified problems, needs, and opportunities for
housing, economic development, environmental protection, management
of natural resources, and measures to develop, protect, enhance, or
change community character.
(f) A program of implementation.
(3) A comprehensive plan also may include other elements that
address 1 or more of the following:
(a) Soil, water, or energy conservation.
(b) Open space protection.
(c) Intergovernmental coordination.
(d) Human services.
(e) Historic preservation.
(f) Coastal zone, watershed, or solid waste planning or
management.
(g) Redevelopment.
(h) Other matters related to community development.
(4) At the option of the local unit, following adoption of a
future land use plan, elements of a comprehensive plan may be
adopted by successive parts that correspond to major geographical
divisions of the jurisdictional area of the planning commission or
with functional divisions of the subject matter of the
comprehensive plan, such as housing or transportation.
Sec. 51. (1) A municipal plan, a joint municipal plan, or a
county plan for a county that has adopted a zoning ordinance may be
a growth management plan or redevelopment plan.
(2) A growth management plan or redevelopment plan shall
include all of the following:
(a) All the elements of a comprehensive plan.
(b) A mechanism for phasing growth or redevelopment efforts.
(c) One or more of the following elements:
(i) Maximum density of land use based on available public
services and facilities and specified level of service standards
for those services and facilities.
(ii) Consistent with the city and village zoning act, 1921 PA
207, MCL 125.581 to 125.600, the township zoning act, 1943 PA 184,
MCL 125.271 to 125.310, or the county zoning act, 1943 PA 183, MCL
125.201 to 125.240, as applicable, a program for the purchase of
development rights.
(iii) Maps showing the location of proposed future road rights-
of-way and of other capital facilities beyond 5 years in the
future.
(iv) A strategy that links future jobs, housing, and
transportation in mutually supportive ways.
(v) A strategy for land assembly and redevelopment.
(vi) Other elements as necessary to implement the growth
management or redevelopment goals of the growth management plan or
redevelopment plan.
(d) A program of implementation.
Sec. 53. (1) A municipal plan, joint municipal plan, or county
plan shall include or incorporate by reference the relevant
portions of any plan of a public commission or authority related to
land use, redevelopment, economic development, environmental
protection, or transportation or other public facilities adopted in
or applicable to the territory covered by the municipal plan, joint
municipal plan, or county plan.
(2) After a plan under this act has been adopted, an amendment
to a plan that under subsection (1) is included or incorporated in
the plan adopted under this act shall not be inconsistent with the
purpose of a plan as set forth in section 41(2) and shall be
submitted a reasonable time before adoption to the planning
commission for comment.
(3) A municipal plan or joint municipal plan may include
special purpose, subarea, functional, neighborhood, corridor, or
strategic plans as necessary to provide greater detail in achieving
the purposes of this act.
(4) A plan may incorporate by reference plans, or portions of
plans, adopted by other agencies of political subdivisions, this
state, or the federal government. A county may adopt the relevant
portion of a regional plan as the county plan if that portion of
the regional plan meets the requirements for a county plan. A
municipality may adopt the relevant portion of a county plan as the
municipal plan if that portion of the county plan meets the
requirements for a municipal plan.
(5) A zoning map adopted as part of a zoning ordinance by the
governing body of a local unit under the county zoning act, 1943 PA
183, MCL 125.201 to 125.240, the township zoning act, 1943 PA 184,
MCL 125.271 to 125.310, or the city and village zoning act, 1921 PA
207, MCL 125.581 to 125.600, is not a future land use map, and
neither a zoning map nor the text of a zoning ordinance constitutes
a plan under this act. Likewise, a plan is not a zoning ordinance
and a future land use map is not a zoning map under these zoning
enabling acts.
Sec. 55. (1) Before preparing a plan, a proposing planning
commission shall send a written notice explaining that the planning
commission intends to prepare a plan and requesting the recipient's
cooperation and comment to the following entities:
(a) To each public utility company and to each railroad
company owning or operating a public utility or railroad within the
jurisdictional area of the proposing planning commission or any
other entity that registers its name and mailing address with the
proposing planning commission.
(b) To each state agency responsible for managing at least 10
contiguous acres of public lands within the jurisdictional area of
the planning commission.
(c) If the proposing planning commission is a municipal
planning commission or joint municipal planning commission, to each
municipal planning commission, joint municipal planning commission,
county road commission, county drain commission, and county
planning commission, or if there is not a county planning
commission, to each regional planning commission, whose
jurisdictional area is contiguous to or includes all or part of the
jurisdictional area of the proposing planning commission.
(d) If the proposing planning commission is a county planning
commission, to each municipal planning commission, joint municipal
planning commission, county planning commission, and regional
planning commission whose jurisdictional area is contiguous to or
includes all or part of the jurisdictional area of the proposing
planning commission.
(e) If the proposing planning commission is a regional
planning commission, to each county planning commission and
regional planning commission whose jurisdictional area is
contiguous to or includes all or part of the jurisdictional area of
the proposing planning commission.
(2) The notice under this section may request permission for
electronic submission of any information required to be submitted
under section 57, 59, or 63(3). If the entity to which the notice
is sent grants permission, information submitted to or by that
entity under section 57, 59, or 63(3) may be submitted
electronically. Otherwise, the information shall be submitted in
writing.
(3) Any person entitled to notice under this section shall be
given an opportunity to meet with the planning commission or a
representative of the planning commission to discuss the proposed
plan.
(4) The planning commission shall consider the written or
electronically submitted comments of persons entitled to notice
under this section and the written or electronically submitted
comments of other interested persons as it prepares and revises a
proposed plan.
Sec. 57. (1) As the starting point for preparation of a plan
under this act, a planning commission shall use any existing plan
that was adopted under an act listed in section 111 if adopted
before the effective date of this act or that was in the process of
being prepared or adopted under an act listed in section 111 on the
effective date of this act and was adopted within 2 years after the
effective date of this act.
(2) After preparing a proposed plan, a municipal planning
commission or joint municipal planning commission shall submit the
proposed plan to the governing body of the municipality for
preliminary approval or the governing bodies of the participating
municipalities for preliminary approval by agreement. A county
planning commission for a county in which the county board of
commissioners has adopted a resolution stating that it will
exercise authority to approve or reject the plan or has adopted a
zoning ordinance shall submit the proposed plan for preliminary
approval to the county board of commissioners.
(3) After obtaining preliminary approval under subsection (2),
if applicable, the proposing planning commission shall submit a
copy of the proposed plan as follows:
(a) To each entity entitled to notice under section 55(1)(a).
The proposed plan shall be submitted to the entity with a notice
that, not more than 63 days after the date of submittal of the
proposed plan, the entity may submit to the proposing planning
commission any comments on the plan.
(b) To each reviewing entity. The proposed plan shall be
submitted to a reviewing entity with a notice that, not more than
63 days after the date of submittal of the proposed plan, the
reviewing entity may submit to the proposing planning commission
any objections to the plan, along with any other comments on the
plan. Objections shall include specific facts supporting the
objection.
Sec. 59. (1) A proposing planning commission shall consider
and reply to each written objection or comment made by a reviewing
entity. If the proposing planning commission disagrees with any
objection or other comment made by a reviewing entity, the reply
shall so state along with the reasons why the proposing planning
commission disagrees. The reply may propose changes to the proposed
plan.
(2) A regional planning commission shall adopt a plan pursuant
to procedures set forth in this chapter and with additional,
consistent procedures adopted by the regional planning commission.
The additional procedures shall, at a minimum, require that at
least 60% of the counties lying in whole or part within the
jurisdictional area of the regional planning commission consent to
the plan before it is adopted. If a municipality submits comments
on a proposed regional plan to the regional planning commission,
the municipality shall submit a copy to the county planning
commission or, if there is no county planning commission, to the
county board of commissioners of the county in which the
municipality is located.
(3) This section does not prohibit a reviewing entity, when
formulating its response to the proposed plan based on the criteria
set forth in this section, from considering the comments and
objections of any other person, including, but not limited to, any
local unit of government to which the plan was not required to be
submitted.
Sec. 61. After satisfying the requirements of section 59, the
proposing planning commission shall hold a public hearing on the
plan. The planning commission shall publish notice of the public
hearing twice in a newspaper having a general circulation in the
jurisdictional area of the planning commission. The notices shall
be published at least 2 weeks apart and not more than 28 days or
less than 7 days before the hearing. The notices shall include the
following information:
(a) The jurisdictional area of the planning commission.
(b) The date, time, and location of the public hearing.
(c) A list of the elements identified in sections 45 to 53
that are covered by the proposed plan.
(d) The place and time at which a copy of the proposed plan
may be purchased or inspected.
(e) The place, time, and telephone number at which further
information on the proposed plan can be obtained.
Sec. 63. (1) After the hearing under section 61, the proposing
planning commission shall approve or reject the plan, with or
without any changes proposed by the planning commission under
section 59, by majority vote of the full membership of the planning
commission.
(2) Approval by the planning commission under subsection (1)
is the final step for adoption of either of the following plans:
(a) A regional plan.
(b) A county plan, unless the county board of commissioners
has adopted a resolution stating that it will exercise authority to
approve or reject the plan or has adopted a zoning ordinance.
(3) The final step for adoption of a county plan for a county
in which the county board of commissioners has adopted a resolution
described in subsection (2)(b), for a municipal plan, or for a
joint municipal plan is approval by the governing body of the
county, by the governing body of the municipality, or by agreement
of the governing bodies of the participating municipalities,
respectively. After the planning commission approves the plan, it
shall submit the plan to the governing body or governing bodies for
adoption. If the governing body determines or the governing bodies
agree that the plan should be changed, the governing body or
governing bodies shall submit a clear statement of each proposed
change and the rationale for the proposed change as follows:
(a) To each entity entitled to notice under section 55(1)(a).
The statement shall be submitted along with a notice that, not more
than 63 days after the date of submittal of the statement, the
entity may submit to the proposing planning commission any comments
on a proposed change.
(b) To each reviewing entity. The statement shall be submitted
along with a notice that, not more than 63 days after the date of
submittal of the statement, the reviewing entity may submit to the
proposing planning commission any objection to a proposed change,
along with any other comments on a proposed change.
(c) To the proposing planning commission. Not more than 28
days after the deadline for submitting comments under subdivisions
(a) and (b), the proposing planning commission shall submit to the
governing body or governing bodies its comments on the changes
proposed by the governing body or governing bodies.
(4) The governing body, or the governing bodies by agreement,
shall approve or reject the plan, with or without any changes
proposed under subsection (3), by majority vote of its full
membership.
(5) Notice of final adoption of a plan under this section
shall be published once in a newspaper of general circulation in
the jurisdictional area of the planning commission not more than 14
days after adoption. The notice of adoption shall include the
following information:
(a) That a plan was adopted pursuant to this act.
(b) The jurisdictional area of the planning commission.
(c) A listing of the elements identified in sections 45 to 53
that are covered by the plan.
(d) The effective date of the plan, which shall not be earlier
than the date of publication of the notice.
(e) The place and time at which a copy of the plan may be
purchased or inspected.
(f) The place, time, and telephone number at which further
information on the plan can be obtained.
(6) The final page of the plan shall include all of the
following:
(a) The date of adoption of the plan.
(b) The roll call vote of the planning commission and, if
applicable, the roll call vote of the governing body or roll call
votes of the governing bodies.
(7) At the time of adoption, a plan shall have an appendix
that includes all of the following:
(a) A list of all reviewing entities.
(b) A written copy of all correspondence from reviewing
entities before adoption, along with all written replies.
(c) A summary of all written or oral comments on the proposed
plan received from the public at the public hearing on the proposed
plan under section 61 and of all written or electronically
submitted comments received from the public after that public
hearing.
(8) Promptly after a plan is adopted, the planning commission
shall transmit a certified copy of the plan to all of the
following:
(a) To each reviewing entity.
(b) If the plan is a joint municipal plan or regional plan, to
the governing body of each participating political subdivision.
(c) If the plan is a municipal plan or joint municipal plan,
to the regional planning commission whose jurisdictional area
includes all or part of the jurisdictional area of the planning
commission submitting the plan.
(d) If the plan is a municipal plan, joint municipal plan, or
regional plan, to the county planning commission or, if there is
not a county planning commission, the county clerk of each county
that includes all or part of the jurisdictional area of the
planning commission transmitting the plan. The county planning
commission or county clerk shall make a record of receipt for all
adopted plans, which shall include the date, means of transmittal,
and name and address of the planning commission that transmitted
the plan. The county planning commission or county clerk shall
maintain the record of transmittal with the original copy of the
plan.
(9) Subject to subsection (10), in the office of the county
planning commission, or, if there is no county planning commission,
in the office of the county clerk, each county shall maintain in
writing at a single location and make available for public
inspection during normal business hours all of the following:
(a) Any plan that has been submitted to the county planning
commission as a reviewing entity under section 57(3)(b) and that
has been adopted or whose adoption is pending.
(b) The county plan, if any.
(c) The regional plan adopted by the regional planning
commission in which that county is located, if any.
(d) The capital facilities map prepared under section 71.
(10) Instead of maintaining a written plan, a county may
instead maintain all or part of the plans or capital facility map
under subsection (9) on a publicly accessible internet site in a
readily accessible format.
(11) A municipal plan or joint municipal plan adopted under
this act supersedes a plan for that municipality or 1 of those
municipalities adopted under 1931 PA 285, MCL 125.31 to 125.45,
1959 PA 168, MCL 125.321 to 125.333, or the joint municipal
planning act, 2003 PA 226, MCL 125.131 to 125.143. A county plan
adopted under this act supersedes a plan for that county adopted
under 1945 PA 282, MCL 125.101 to 125.115.
Sec. 65. (1) A successive part of a plan or other amendment to
a plan shall be adopted pursuant to the same procedures that govern
the adoption of a plan except as follows:
(a) An entity to which notice of the start of a plan amendment
process is given under section 55 may reply in writing that it does
not desire to review a plan amendment, in which case further
information about the plan amendment need not be sent to that
entity.
(b) The period for responding to a proposed successive part or
other amendment to a plan under section 57 is 42 days.
(c) Before approving an amendment to a plan, a planning
commission shall make written findings that the proposed plan
amendment is consistent with and promotes the CIP, if any, for the
jurisdictional area of the planning commission.
(2) Every 5 years after adoption of the plan, the planning
commission shall review the plan and prepare and recommend adoption
of any amendments to the plan that it considers advisable. The plan
shall only be amended once each year after its adoption.
(3) All proposals for amendments to a plan shall be processed
concurrently so the cumulative effect of the various proposals can
be ascertained. A governing body shall document the reason for a
plan amendment in the motion to approve the plan amendment.
(4) An amendment to a CIP does not constitute a plan amendment
under this section.
CHAPTER 4
CAPITAL IMPROVEMENT PROGRAMS
Sec. 71. (1) If a county plan, municipal plan, or joint
municipal plan is adopted, the governing body of the county or
municipality, or the governing bodies of the municipalities acting
jointly by agreement, that adopted the plan shall prepare and adopt
a capital improvement program that provides for capital facilities
that are necessary or desirable to support the land use proposed in
the plan and to meet projected needs of the county or municipality
or the governing bodies of the municipalities acting jointly.
(2) The CIP shall be based on an inventory, including the
locations and capacities, of capital facilities that support the
land use plan, and a forecast of future needs for such capital
facilities to serve both existing development and new development.
The inventory and forecast of future needs may be included in the
proposed CIP or in a separate document.
(3) The CIP shall include the following with respect to
capital facilities that are to be acquired, sold, constructed, or
improved within the current year and the next 5 or more years:
(a) A map and narrative information on the proposed location
of new or expanded facilities.
(b) The capacities, costs, and a schedule for the
construction, acquisition, or renovation of new or expanded
facilities.
(c) A 6-year or longer plan that will finance the capital
facilities.
(d) Projected impacts of the capital facilities on future
operating budgets.
(4) A county CIP adopted under this chapter shall aggregate
the CIPs of municipalities within the county. In addition, if the
county has adopted a county plan, a county CIP adopted under this
chapter shall also include all capital facilities to be acquired,
constructed, or improved using funds under the control of the
county board of commissioners, county road commission, county drain
commissioner, or other special entities created with the county as
a partner or sole responsible entity. A county board of
commissioners may withhold funds from any county agency that does
not submit its proposed capital facility plan or capital
improvement plan to the county board of commissioners.
(5) The governing body or each governing body shall conduct a
public hearing on the proposed CIP and approve the CIP. Approval of
the proposed CIP by the governing body or governing bodies is the
final step for adoption of a CIP. The CIP is effective upon
adoption.
(6) Promptly after a CIP is adopted, the governing body or
governing bodies adopting the CIP shall submit a certified copy of
the CIP to the planning commission. Upon adoption of a CIP, the
governing body or governing bodies adopting the CIP shall submit a
certified copy of the CIP to the county planning commission of each
county within which all or part of the jurisdictional area of the
governing body or governing bodies is located, or, if there is no
county planning commission, to the county clerk.
(7) A governing body or governing bodies may request
permission for electronic submission of any information required to
be submitted under this section. If the entity to which the notice
is sent grants permission, information submitted to or by that
entity under this section may be submitted electronically.
Otherwise, the information shall be submitted in writing.
Sec. 73. (1) The CIP shall be adopted at the same time the
plan is adopted, or no later than 1 year after the initial adoption
of a plan under this act.
(2) After a CIP is adopted, the governing body or governing
bodies that adopted the CIP shall review the CIP at least annually
for the purpose of updating projects and funding, to reassess the
CIP and land use plan if probable funding falls short of meeting
existing needs, and to ensure that the land use plan and the CIP
are coordinated and consistent.
(3) If a CIP was adopted under this chapter, an amendment to
the CIP shall be adopted pursuant to the same procedures under this
chapter that govern adoption of a CIP.
Sec. 75. (1) Capital facilities included in CIPs shall have a
higher priority for state appropriations, including, but not
limited to, appropriations of federal funds passed through this
state, than capital facilities not included in CIPs.
(2) If a CIP proposes to finance a capital facility using
state funds, including, but not limited to, federal funds passed
through this state, the governing body of the local unit or local
units that prepared the CIP shall submit to the department all of
the following:
(a) A request for funding assistance.
(b) A description of the proposed capital facility.
(c) A copy of the CIP or the specific portion of the CIP
relevant to the capital facility.
CHAPTER 5
PLANNING COMMISSION POWERS RELATED TO ZONING
AND SUBDIVISION REVIEW
Sec. 81. Within 1 year after the effective date of this act,
the governing body of a local unit, by ordinance or resolution,
shall transfer to a planning commission all powers and duties for a
zoning board or commission provided by the county zoning act, 1943
PA 183, MCL 125.201 to 125.240; the township zoning act, 1943 PA
184, MCL 125.271 to 125.310; or the city and village zoning act,
1921 PA 207, MCL 125.581 to 125.600, as applicable, if the zoning
board or commission has been in existence for more than 3 years
after the effective date of this act. If the zoning board or
commission is nearing the completion of drafting an interim zoning
ordinance, the governing body shall postpone the transfer of the
zoning board's powers and duties until the completion of the zoning
plan and adoption of an interim zoning ordinance by the governing
body, but the postponement shall not exceed 1 year.
Sec. 83. The governing body of a local unit shall refer plats
and other matters relating to land development to the planning
commission before final action thereon by the governing body and
may request the planning commission to recommend regulations
governing the subdivision of land consistent with the land division
act, 1967 PA 288, MCL 560.101 to 560.293.
CHAPTER 6
STATE AGENCY PLANS AND STATE PLANNING ASSISTANCE
Sec. 91. The department of management and budget shall
initiate within 2 months after the effective date of this act and
thereafter continue the following activities either within the
department or, by interdepartmental agreement, with 1 or more other
state departments:
(a) Preparing recommendations on incentives for state funding
of capital facilities included in CIPs.
(b) Preparing guidelines for the siting of essential capital
facilities and development of coordinated plans by the state
transportation department, the department of natural resources, the
department of environmental quality, the department of education,
the department of corrections, the state housing development
authority, and other state departments and state agencies that have
responsibility for developing or maintaining state lands or other
state capital facilities or for providing capital facility
financing directly from the state or as a pass-through from the
federal government to local units. The guidelines shall include
procedures for the preparation of proposed plans, criteria to be
used to evaluate and document the degree of consistency with the
adopted plans of local units, and procedures for the final adoption
of plans by a state department or agency. The guidelines shall
require a state department or agency to hold a public hearing
before preparing a proposed plan and before finally adopting a plan
and shall provide procedures for the conduct of the hearings. The
guidelines shall also require the state department or agency to
give notice of a public hearing to each local unit and region. The
notice shall indicate that interested persons may submit written or
oral comments at the public hearing or written or electronic
comments before or after the public hearing. After a plan is
adopted by a state department or state agency, the plan shall be
used as the basis for capital improvements, land acquisition, or
disposition of state lands and facilities, and state grants or
pass-through money for that state department or state agency.
(c) Compiling the capital facility needs of all state agencies
into a consolidated proposed statement of needs and consolidated
state capital facilities map. The director of the department of
management and budget shall send a copy of the consolidated
proposed statement of needs and consolidated state capital
facilities map to each of the following:
(i) Each regional planning commission and county planning
commission.
(ii) The governing body of each local unit of government.
Sec. 93. In developing any guidelines, model plans or
ordinances, standards and procedures, or rules under this act, the
department shall seek the input and assistance of the Michigan
municipal league, the Michigan townships association, the Michigan
association of counties, the Michigan association of regions, and
the Michigan society of planning or the successor to any of these
organizations.
Sec. 95. (1) The legislature shall appropriate grant funding
for the preparation of plans under this act in amounts provided in
section 97 for at least the first 7 years after the effective date
of this act.
(2) Within the first 2 years of the effective date of funding
of this act, regional planning commissions and counties shall be
awarded grants covering 75% of the cost of developing databases,
maps, and other tools that will be used by municipal planning
commissions or joint municipal planning commissions to prepare
plans. A regional planning commission or county is not eligible to
receive a grant under this subsection more than once.
(3) Beginning 2 years after the effective date of funding
under this act, regional planning commissions and local units shall
be awarded grants covering 50% of the cost of preparing plans. A
regional planning commission or local unit is not eligible to
receive a grant under this subsection more than once during the
first 5 years that grants are awarded under this subsection.
(4) The legislature may allocate up to 5% of the total grant
money available to regional planning commissions and local units
for 50% matching grants to nonprofit organizations and citizen
organizations to promote and enhance broad based citizen
participation in the preparation of plans under this act.
Sec. 97. (1) For each of at least the first 7 years after the
effective date of this act, the legislature shall appropriate from
the general fund at least $15,000,000.00 for grant money for the
purposes set forth in section 95, unless another source of money in
at least an equal amount is provided. If $15,000,000.00 per year is
not sufficient to fund grants in the amount required by section 95,
the department shall request a supplemental appropriation necessary
to fund such grants. If supplemental appropriations are not made,
or are inadequate, the department shall extend the grant program
beyond 7 years for the period of time necessary to fund grants in
the amount required by section 95 for all local units and regional
planning commissions seeking such grants.
(2) The department shall separately request appropriations to
carry out its responsibilities under this chapter. Such
appropriations shall be allocated from and not exceed 5% of the
annual appropriations for the preparation of local unit and
regional plans under this section.
Sec. 99. (1) Within 60 days after the effective date of this
act, the department shall request the legislature for the
appropriations necessary to implement this chapter. Thereafter, the
department shall include an appropriations request for this purpose
as part of the annual budget process.
(2) Subject to section 93, the department shall adopt
standards and procedures for application, review, and approval of
requests for grants under this chapter pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328. The legislature finds that preservation of the public
health, safety, and welfare in light of the conditions intended to
be addressed by plans and CIPs requires that the rules initially be
promulgated under section 48 of the administrative procedures act
of 1969, 1969 PA 306, MCL 24.248, within 120 days after the
effective date of this act. The department shall adhere to the
criteria in section 95 and establish standards for priority of
assistance that consider rates of loss of farm and forest land,
population growth rates, commercial and industrial development
growth rates, land division rates, the existence, age, and quality
of existing plans of local units, and other relevant factors.
Separate criteria and procedures shall be established for grants to
enhance citizen participation. Local units and regional planning
commissions shall not be eligible for money to enhance citizen
participation, except in partnership with other nonprofit
organization or citizen groups which must be the principal
recipient of any grants awarded. The department shall attempt to
ensure a broad range of interested parties are involved in the
development of a plan before approving a grant request under this
chapter.
CHAPTER 7
REPEAL
Sec. 111. The following acts are repealed 7 years after the
effective date of this act:
(a) 1931 PA 285, MCL 125.31 to 125.45.
(b) 1945 PA 282, MCL 125.101 to 125.115.
(c) 1959 PA 168, MCL 125.321 to 125.333.
(d) The joint municipal planning act, 2003 PA 226, MCL 125.131
to 125.143.
Enacting section 1. This act does not take effect unless all
of the following bills of the 93rd Legislature are enacted into
law:
(a) Senate Bill No. _____ or House Bill No. _____ (request no.
02942'05 a).
(b) Senate Bill No. _____ or House Bill No. _____ (request no.
02942'05 b).
(c) Senate Bill No. _____ or House Bill No. _____ (request no.
02942'05 c).
(d) Senate Bill No. _____ or House Bill No. _____ (request no.
02942'05 d).