March 22, 2011, Introduced by Rep. Meadows and referred to the Committee on Local, Intergovernmental, and Regional Affairs.
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending section 1 of chapter II and section 4 of chapter VI
(MCL 62.1 and 66.4), section 1 of chapter II as amended by 2004 PA
300 and section 4 of chapter VI as amended by 1999 PA 259, and by
adding section 4 to chapter XIV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER II
Sec. 1. (1) Except as provided in subsections (2) and (3), in
each village, the following officers shall be elected: a president,
6 trustees, 1 clerk, and 1 treasurer. The president and trustees
constitute the council. In all votes for which not less than a
majority vote of council is required, the calculation of the number
of votes required shall be based on the maximum number that
constitutes council.
(2) The council by a vote of 2/3 of the members of council may
provide by ordinance for the reduction in the number of trustees to
4 or for the election of all trustees at the same election for 2-
year terms at the first possible election after 2004 who with the
president shall constitute the council, and may provide by
ordinance for the method of changing from 2-year staggered terms to
4-year staggered terms. If village trustees are elected biennially
for staggered 4-year terms, the ordinance shall as nearly as
possible maintain staggered terms and provide for an equal number
of seats to be filled at each election. The ordinance may extend
but shall not shorten the term of an incumbent trustee. The
ordinance may extend a prospective term. The ordinance shall not
shorten or eliminate a prospective term unless the nomination
deadline for that term is not less than 30 days after the effective
date of the ordinance. An ordinance adopted under this subsection
shall satisfy both of the following conditions:
(a) The ordinance shall be voted on and adopted at a meeting
that occurs not less than 10 days after the initial meeting or
public hearing at which the ordinance was considered.
(b) Notice of each meeting at which the ordinance is
considered indicating that an ordinance reducing the size of the
council or to change the time of election of the trustees
comprising the council will be 1 of the subjects of the meeting
shall be published not less than 10 days before the meeting in a
newspaper of general circulation in the village, or posted not less
than 10 days before the meeting in the office of the village clerk
and on at least 1 of the following:
(i) The village's website.
(ii) The website of the newspaper designated by the village as
the official newspaper of general circulation in the village.
(iii) The village's public access cable television channel.
(3) The council by a vote of 2/3 of the members of council may
provide by ordinance for the nomination by the president and the
appointment by the council of the clerk or the treasurer or both
for such a term as the ordinance may provide. The ordinance shall
apply beginning with the first term the nomination deadline for
which would have been not less than 30 days after the effective
date of the ordinance or shall apply when the office is vacated,
whichever occurs first.
(4) The council shall provide that an ordinance adopted under
subsection (2) or (3) takes effect 45 days after the date of
adoption unless a petition signed by not less than 10% of the
registered electors of the village is filed with the village clerk
within the 45-day period, in which case the ordinance takes effect
upon approval at an election held on the question. Notice of the
delayed effect of the ordinance and the right of petition under
this subsection shall be published or posted separately at the same
time, and in the same manner, as the ordinance is published or
posted pursuant to section 4 of chapter VI. The village clerk shall
verify the signatures on the petitions. If a petition bearing the
required number of valid signatures of electors is filed, the
question of adoption of the ordinance shall be submitted at the
next general or special election. The ballot language for the
question shall be prepared by the village clerk, unless the
question concerns the appointment of the clerk under subsection
(2), in which case the ballot language shall be prepared by the
village council.
(5) A village that has adopted an ordinance reducing the
number of trustees to 4 or providing for the appointment by the
council of the clerk or treasurer may increase the number of
trustees to 6 or provide for the election of the clerk or treasurer
by the same process as provided in subsection (2) or (3),
respectively, and in subsection (4).
CHAPTER VI
Sec. 4. (1) Within 15 days after an ordinance is passed, the
clerk shall publish the ordinance or a synopsis of the ordinance in
a newspaper circulated in the village, or post the ordinance or a
synopsis of the ordinance in the office of the village clerk and on
at least 1 of the following:
(a) The village's website.
(b) The website of the newspaper designated by the village as
the official newspaper of general circulation in the village.
(c) The village's public access cable television channel.
(2) Immediately after the ordinance or synopsis of the
ordinance is published or posted, the clerk shall enter in the
record of ordinances, in a blank space to be left for that purpose
under the record of the ordinance, a signed certificate, stating
the date on which and the name of the newspaper in which the
ordinance was published or the date on which and the method in
which the ordinance was posted. The certificate is prima facie
evidence of the publication or posting of the ordinance or the
synopsis.
(3) (2)
A village may adopt a provision of
any state statute
for which the maximum period of imprisonment is 93 days, the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a
plumbing code, electrical code, mechanical code, fire protection
code, building code, or other code promulgated by this state, by a
department, board, or other agency of this state, or by an
organization or association that is organized or conducted for the
purpose of developing a code, by reference to the law or code in an
adopting ordinance and without publishing or posting the law or
code in full. The law or code shall be clearly identified in the
ordinance and a statement of the purpose of the law or code shall
be published or posted with the adopting ordinance. Printed copies
of the law or code shall be kept in the office of the village clerk
available for inspection by or distribution to the public during
normal business hours. The village may charge a fee that does not
exceed the actual cost for copies of the law or code distributed to
the public. The publication in the newspaper or the posting as
provided under this section shall contain a notice to the effect
that a complete copy of the law or code is available for public use
and inspection at the office of the village clerk. A village shall
not enforce any provision adopted by reference for which the
maximum period of imprisonment is greater than 93 days.
CHAPTER XIV
Sec. 4. Except as otherwise specifically provided by law and
notwithstanding any charter provision or ordinance, a village that
is required to publish a legal notice in a newspaper of general
circulation in the village may satisfy that requirement by posting
the legal notice in the office of the village clerk and on at least
1 of the following:
(a) The village's website.
(b) The website of the newspaper designated by the village as
the official newspaper of general circulation in the village.
(c) The village's public access cable television channel.