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SENATE BILL NO. 1024
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending sections 6 and 6a of chapter XIV (MCL 74.6 and 74.6a),
section 6a as added by 1998 PA 254, and by adding section 6b to
chapter XIV.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XIV 1
MISCELLANEOUS. 2
Sec. 6. Whenever If the council of any village shall determine 3
June 10, 2026, Introduced by Senators OUTMAN, DALEY, BAYER and WOJNO and referred
to Committee on Local Government.
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determines by resolution to alter the boundaries of such the 1
village , either by taking in lands and premises adjoining thereto 2
or by taking out any lands and premises included in such the 3
village, or both, they the council shall petition the county board 4
of supervisors commissioners of the county in which such the lands 5
and premises affected thereby are situated to make such the change. 6
Such The petition shall must contain a description by metes and 7
bounds of the lands and premises proposed to be added to or taken 8
out of such the village, and shall must set forth the reasons for 9
the proposed change, and shall must contain a copy of the 10
resolution of the council in relation thereto, and shall must be 11
signed by the president and clerk of such the village. Before such 12
the petition shall be is presented to the county board of 13
supervisors commissioners, notice shall must be given by the clerk 14
of the time and place when the same petition will be presented for 15
consideration , by publishing the same notice in a newspaper 16
published in such the village for at least 3 weeks immediately 17
preceding before the presentation of the same, petition, and if no 18
a newspaper is not published in such the village, then by posting 19
the same notice in at least 3 of the most public places within the 20
village , and in at least 3 of the most public places of the 21
territory directly affected. thereby. Such The notice shall must 22
also contain a description of the premises proposed to be taken in 23
or out of the boundaries of such the village. At the time of 24
presenting such the petition all parties interested may appear 25
before such the county board of supervisors commissioners and be 26
heard touching the proposed boundaries of such the village. , and 27
after such After the hearing and due consideration of such the 28
petition, it shall be is the duty of the county board of 29
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supervisors commissioners to order and determine as to whether the 1
prayer contained in the petition or any part thereof of the 2
petition shall be granted. , and they The county board of 3
commissioners shall make an order of such the determination, which 4
order shall must be entered upon their in the county board of 5
commissioner's records, and thereupon the boundaries of such the 6
village shall must be fixed and shall must exist as provided in 7
such the order, and a certified copy thereof shall of the order 8
must be transmitted to the clerk of such the village and to the 9
secretary of state. , and such The order shall be is prima facie 10
evidence of such the change of boundaries of such the village and 11
of the regularity of such the proceedings in all courts and places. 12
Sec. 6a. The county board of commissioners shall not consider 13
the petition of a village council for annexation or detachment of 14
territory under section 6 of this chapter if the petition is 15
presented during the pendency of a petition to disincorporate the 16
village filed under section 18a of this chapter. 17
Sec. 6b. (1) If there is a conflict between the provisions of 18
this act and 1968 PA 191, MCL 123.1001 to 123.1020, regarding 19
annexation, the provisions of 1968 PA 191, MCL 123.1001 to 20
123.1020, govern. The district to be affected by the proposed 21
annexation is considered to include the whole of each city, 22
village, or township from which territory is to be annexed. 23
(2) Except as provided in subsection (3), 1 of the following 24
must be used to initiate annexation of territory by a village in a 25
manner and on a form as prescribed by the commission: 26
(a) A petition by a landowner or landowners, whose land is in 27
the area proposed for annexation. 28
(b) A petition by 20% of the qualified electors who reside in 29
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the area proposed for annexation. 1
(c) A resolution by the governing body of the village to which 2
the area is proposed to be annexed. 3
(3) A petition or resolution for annexation of territory by a 4
village must be filed with the commission unless any of the 5
following apply: 6
(a) A conditional transfer of property made under 1984 PA 425, 7
MCL 124.21 to 124.30. 8
(b) An annexation made by an interlocal agreement under the 9
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 10
124.512. 11
(c) An annexation occurring by operation of law. 12
(4) Except as provided in subsection (3), when processing, 13
approving, denying, or revising a petition or resolution for 14
annexation of territory by a village, the commission has the same 15
powers and duties as provided under 1968 PA 191, MCL 123.1001 to 16
123.1020, relating to petitions that propose incorporations. If the 17
commission determines that a petition or resolution for annexation 18
of territory by a village is valid, the commission shall do all of 19
the following: 20
(a) Hold a public hearing in or reasonably near the area 21
proposed for annexation. 22
(b) Provide notice to property owners located in the area 23
proposed for annexation not later than 60 days before a public 24
hearing held under subdivision (a). 25
(c) Not later than 30 days before the date of the public 26
hearing held under subdivision (a), provide notice of the public 27
hearing to property owners located within 300 feet of the area 28
proposed for annexation by certified mail. 29
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(5) Not later than 45 days before the date of the public 1
hearing required under subsection (4), the local unit of government 2
capable of producing the information required under subsection (4) 3
shall provide the commission with a list of the names and addresses 4
of all persons the commission is required to provide notice to 5
under subsection (4). The commission is required to provide notice 6
only to the property owners included on the list provided by the 7
local unit of government as required under this section. 8
(6) If an annexation is denied by the commission, the 9
commission shall send a certified copy of its order to the clerk of 10
each county, city, village, and township affected. 11
(7) If an annexation is approved, and if on the date the 12
petition or resolution for annexation of territory by a village was 13
filed with the commission 100 persons or fewer resided in the area 14
approved for annexation, the commission's order is not subject to a 15
referendum. The commission shall send a certified copy of its order 16
to the clerk of each county, city, village, and township affected 17
and to the secretary of state. The annexation is effective on a 18
date set forth in the commission's order. 19
(8) If an annexation is approved, and if on the date the 20
petition or resolution for annexation of territory by a village was 21
filed with the commission more than 100 persons resided in the area 22
approved for annexation, the commission shall send a certified copy 23
of its order to the clerk of each county, city, village, and 24
township affected and to the secretary of state. The commission's 25
order becomes final 30 days after the date of the order unless, 26
within 30 days after the date of the order, a referendum petition 27
is filed with the commission that contains the signatures of at 28
least 25% of the registered electors residing within 5 miles of the 29
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area approved for annexation. 1
(9) If a referendum petition is filed with the commission 2
under subsection (8), the commission shall verify the validity of 3
the referendum petition. If the commission determines the 4
referendum petition is valid, the commission shall order a 5
referendum on the question of annexation. A referendum must be held 6
in each area from which a valid referendum petition was filed with 7
the commission. If a valid referendum petition is not filed with 8
the commission under subsection (8) or if the majority of the 9
electors voting on the question in each area in which a referendum 10
is held under this subsection, voting separately, approve the 11
annexation, the annexation is effective on a date set by order of 12
the commission. 13
(10) The commission shall reject a petition or resolution for 14
annexation of territory by a village if the petition or resolution 15
for annexation of territory by a village includes all or any part 16
of the territory that was described in any petition or resolution 17
for annexation of territory by a village filed with the commission 18
within the preceding 2 years and that was denied by the commission 19
or was defeated in an election under subsection (9). 20
(11) Beginning on the effective date of the amendatory act 21
that added this section, if 1968 PA 191, MCL 123.1001 to 123.1020 22
is in effect, annexation of territory from a city or township to a 23
village is as provided in this section and no other means of 24
annexation is effective. 25
(12) The commission shall mail a copy of any final order 26
issued under this section to each property owner to whom the 27
commission is required to provide notice under subsection (4). 28
(13) As used in this section, "commission" means the state 29
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Final Page
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boundary commission created under 1968 PA 191, MCL 123.1001 to 1
123.1020. 2
Enacting section 1. This amendatory act does not take effect 3
unless Senate Bill No. 1025 of the 103rd Legislature is enacted 4
into law. 5