HOUSE BILL No. 6018

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

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:

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

2 shall be adopted and may be amended by an affirmative vote of a

3 majority of the members elected to and serving on the legislative

4 body of each participating local governmental unit.

5 (2) Before January 1, 2015, before the articles or

6 amendments are adopted by any participating local governmental

7 unit, the articles or amendments shall be published by the clerk

1 of the largest participating local governmental unit at least

2 once in a newspaper generally circulated within the participating

3 cities, villages, and townships. Beginning January 1, 2015,

4 before the articles or amendments are adopted by any

5 participating local governmental unit, the clerk of the largest

6 participating local governmental unit shall provide tier B public

7 notice with a link of the articles or amendments as set forth in

8 the local government public notice act.

9 (3) The adoption of articles or amendments by the

10 legislative body of a local governmental unit shall be evidenced

11 by an endorsement on the articles or amendments by the clerk of

12 the local governmental unit in a form substantially as follows:

13 These articles of incorporation (or amendments) were adopted

14 by an affirmative vote of a majority of the members serving on

15 the legislative body of ___________________________,

16 _________________ at a meeting duly held on the ____ day of

17 __________, A.D., ____.

18 ___________________________

19 _________________

20 (4) Upon adoption of the articles or amendments, a printed

21 copy of the articles or the amended articles shall be filed by

22 the clerk of the largest participating local governmental unit

23 with the secretary of state, the clerk of each county in which is

24 located all or part of a participating city, village, or

25 township, and the clerk of each participating city, village, or

1 township.

2 Sec. 33. (1) Except as otherwise provided in subsection (2),

3 a local governmental unit participating in a council under this

4 act may withdraw from membership in the council if all of the

5 following conditions are met:

6 (a) Adoption of a resolution by a majority of the members

7 elected to and serving on the legislative body of the local

8 governmental unit requesting withdrawal from membership.

9 (b) Payment or the provision for payment is made regarding

10 any obligations of the local governmental unit to the council or

11 its creditors.

12 (2) If, upon withdrawal of a local governmental unit, the

13 local governmental unit has unpaid obligations to the council, a

14 tax levied by the council under this act before withdrawal of the

15 local governmental unit shall continue to be levied in the local

16 governmental unit, to the extent and in an amount needed to

17 satisfy the unpaid obligations, until the obligations are paid or

18 the tax expires, whichever ~~happens~~ occurs first. A local

19 governmental unit that withdraws from a council shall continue to

20 receive services from the council until the local governmental

21 unit is no longer required to pay a tax levied by the council.

22 (3) Withdrawal of a local governmental unit from a council

23 shall be evidenced by an amendment to the articles executed by

24 the secretary or, if the council has no secretary, by the

25 chairperson of the council and filed and published or posted in

26 the same manner as the original articles.

27 Sec. 49. (1) Except as provided in subsection (2), the

1 articles of a metropolitan region council shall authorize each

2 participating qualified county to receive up to 1/3 of any net

3 revenues collected within that participating qualified county

4 under section 47. The amount of up to 1/3 of net revenues

5 received shall be expended to fund those cultural and

6 recreational programs and facilities that are not primarily

7 designed or used for professional sports.

8 (2) A participating qualified county with a population of

9 more than ~~2,000,000~~ 1,500,000 persons according to the most

10 recent federal decennial census shall not receive any net

11 revenues collected within that county under section 47(2).

12 Instead, 1/3 of the net revenues collected in each city, village,

13 or portion of a township that is not incorporated as a city or

14 village shall be retained by that city, village, or portion of a

15 township, and those net revenues shall be expended by the

16 affected cities, villages, and portions of townships to fund only

17 cultural and recreational programs and facilities that are not

18 primarily designed or used for professional sports.

19 (3) Before January 1, 2015, before the articles or

20 amendments are adopted by any participating city, the articles or

21 amendments shall be published by the clerk of the participating

22 city at least once in a newspaper generally circulated within the

23 participating city. Beginning January 1, 2015, before the

24 articles or amendments are adopted by any participating city, the

25 clerk of the participating city shall provide tier B public

26 notice with a link of the articles or amendments as set forth in

27 the local government public notice act.

1 (4) Before January 1, 2015, before the articles or

2 amendments are adopted by participating qualified counties, the

3 articles or amendments shall be published by the clerk of each

4 participating qualified county at least once in a newspaper

5 generally circulated within that county. Beginning January 1,

6 2015, before the articles or amendments are adopted by

7 participating qualified counties, the clerk of each participating

8 qualified county shall provide tier B public notice with a link

9 of the articles or amendments as set forth in the local

10 government public notice act.

11 (5) ~~(4)~~ The adoption of articles or amendments by the

12 legislative body of a participating county or city shall be

13 evidenced by an endorsement on the articles or amendments by the

14 clerk of the participating county or city in a form substantially

15 as follows:

16 These articles of incorporation (or amendments) were adopted

17 by an affirmative vote of a majority of the members serving on

18 the legislative body of ___________________________,

19 _________________ at a meeting duly held on the ____ day of

20 __________, A.D., ____.

21 ___________________________

22 _________________

23 (6) ~~(5)~~ Upon adoption of the articles or amendments by a

24 metropolitan region council, the clerk of each participating

25 county shall file in that county and with the secretary of state

26 a printed copy of the adopted or amended articles.

1 Sec. 63. (1) Except as otherwise provided in subsection (2),

2 a participating qualified county or qualified city may withdraw

3 from membership in the metropolitan region council if all of the

4 following conditions are met:

5 (a) Adoption of a resolution by a majority of the members

6 elected to and serving on the legislative body of the qualified

7 county or qualified city requesting withdrawal from membership.

8 (b) Payment or the provision for payment is made regarding

9 any obligations of the qualified county or qualified city to the

10 metropolitan region council or its creditors.

11 (2) If, upon withdrawal, a qualified county or qualified

12 city has unpaid obligations to the metropolitan region council

13 that arose under section 47(2) before withdrawal of the qualified

14 county or qualified city, the obligations shall continue to be

15 imposed in the qualified county or qualified city, to the extent

16 and in an amount needed to satisfy the unpaid obligations, until

17 the obligations are paid or expire, whichever ~~happens~~ occurs

18 first. A qualified county or qualified city that withdraws from a

19 metropolitan region council shall continue to receive services

20 from the council until that qualified county or qualified city is

21 no longer required to satisfy an obligation imposed by the

22 council under section 47(2).

23 (3) Withdrawal of a qualified county or qualified city from

24 a metropolitan region council shall be evidenced by an amendment

25 to the articles executed by the secretary or, if the council has

26 no secretary, by the chairperson of the council and filed and

27 published or posted in the same manner as the original articles.

1 Sec. 71. (1) The articles of a metropolitan arts council

2 shall be adopted and may be amended by an affirmative vote of a

3 majority of the county commissioners.

4 (2) Before January 1, 2015, before the articles or

5 amendments are adopted by the county commission, the articles or

6 amendments shall be published by the county clerk. ~~The~~ Before

7 January 1, 2015, the county clerk shall publish the articles or

8 amendments at least once in a newspaper generally circulated

9 within the county. Beginning January 1, 2015, before the articles

10 or amendments are adopted by the county commission, the county

11 clerk shall provide tier B public notice with a link of the

12 articles or amendments as set forth in the local government

13 public notice act.

14 (3) The adoption of articles or amendments by the county

15 commission shall be evidenced by an endorsement on the articles

16 or amendments by the county clerk in a form substantially as

17 follows:

18 These articles of incorporation (or amendments) were adopted

19 by an affirmative vote of a majority of the members serving on

20 the county commission of ___________________________,

21 _________________ at a meeting duly held on the ____ day of

22 __________, A.D., ____.

23 ___________________________

24 _________________

25 (4) Upon adoption of the articles or amendments, a printed