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SENATE BILL NO. 1025
A bill to amend 1909 PA 278, entitled
"The home rule village act,"
by amending sections 2, 3, and 5 (MCL 78.2, 78.3, and 78.5),
section 2 as amended by 1984 PA 430, and by adding section 2b; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. Villages Except as otherwise provided in section 2b, 1
villages may be incorporated or territory detached therefrom, or 2
added thereto, or consolidation made of 2 or more villages into 1 3
village by proceedings originating by a petition. therefor The 4
June 10, 2026, Introduced by Senators OUTMAN, DALEY, BAYER and WOJNO and referred
to Committee on Local Government.
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petition must be signed by qualified electors residing within the 1
cities, villages, or townships to be affected thereby, by the 2
proposed incorporation, detachment, or consolidation, to a number 3
not less than 1% of the population of the territory affected 4
thereby by the proposed incorporation, detachment, or consolidation 5
according to the last preceding United States census, which number 6
shall in no case must not be less than 100. If all or any part of 7
the district proposed to be incorporated , annexed, or detached has 8
been subdivided into 1 or more subdivisions, the plat or plats of 9
which have been recorded in the register of deeds' office of the 10
proper county, the petition therefor shall must be signed by 11
qualified electors residing within each such subdivision and by 12
qualified electors residing within the unsubdivided portion, if 13
any, of such the district to a number in each case of not less than 14
1% of the population of each such subdivision and of such 15
unsubdivided portion of such the district. , such The population to 16
be of the subdivision and unsubdivided portion is determined as of 17
the date on which the first signature to such the petition shall be 18
is obtained. If there are no qualified electors residing within the 19
district proposed to be annexed or detached, or within a subdivided 20
or unsubdivided portion of such a district, then such the petition 21
shall must be signed by persons who collectively hold equitable 22
title as vendees under a recorded land contract or memorandum of 23
land contract, or record legal title to more than 1/2 the area of 24
the land, exclusive of streets, lying within such the district, or 25
subdivided portion of such the district, at the time the first 26
signature to such the petition is obtained, and also by qualified 27
electors in the remainder of the district to be affected by such 28
annexation or the detachment, to the number hereinbefore provided 29
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by this section. If a summer resort association has been 1
incorporated and has existed for 2 consecutive years under Act No. 2
230 of the Public Acts of 1897, as amended, being sections 455.1 to 3
455.24 of the Michigan Compiled Laws, 1897 PA 230, MCL 455.1 to 4
455.24, and such the summer resort association having a number of 5
legal voters of has not less than 30 legal voters residing within 6
such the territory, the same summer resort association may be 7
incorporated as a village as hereinafter provided. provided under 8
this section. Signatures of land owners as above provided shall 9
must be followed by a description of the land and area thereof. In 10
proceedings for the incorporation of a new village or the 11
consolidation of 2 or more villages into 1 village, a petition 12
signed by not less than 20 qualified electors who are freeholders 13
residing within the territory proposed to be incorporated or 14
consolidated, praying for the taking of a census of the inhabitants 15
of the territory affected thereby, by the proposed incorporation or 16
consolidation, may be filed with the county clerk of the county in 17
which the territory is located. The county clerk within not later 18
than 5 days after the filing of the petition shall certify to the 19
president of each village and supervisor of each township affected 20
thereby, by the proposed incorporation or consolidation, and to the 21
secretary of state, that the petition has been so filed. Within Not 22
later than 5 days after the service of the certificate, the 23
secretary of state shall appoint enumerators to enumerate the 24
inhabitants of each village proposed to be incorporated, or a 25
consolidation made thereof. Before entering upon the duties of 26
office, each enumerator shall take and subscribe to the 27
constitutional oath of office before some an officer authorized to 28
administer oaths and file the same oaths with the secretary of 29
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state and with the county clerk in which the territory is located. 1
Each enumerator shall enumerate all of the bona fide inhabitants of 2
the village or township, territory or portion thereof assigned to 3
the enumerator by the secretary of state, and shall visit each 4
house or dwelling and obtain the names of each known resident 5
thereof. Each enumerator shall receive for his or her the 6
enumerator's services not to exceed $5.00 per day, together with 7
actual and necessary expenses therefor, which sum shall must be 8
paid by the village or township within which the services of the 9
enumerator were rendered. Upon completing the enumeration it shall 10
be is the duty of the persons so appointed to make a return in 11
duplicate of the enumeration showing the names of the inhabitants 12
of each village or township, territory or district to the county 13
clerk and to the secretary of state. No An enumeration or census 14
shall must not be conducted in any village or township, or portion 15
thereof, within 2 years of the date of the last enumeration in the 16
territory. Every enumeration shall must be conducted under the 17
general supervision and control of the secretary of state who shall 18
make rules and regulations in accordance with the the 19
administrative procedures act of 1969, Act No. 306 of the Public 20
Acts of 1969, being sections 24.201 to 24.315 of the Michigan 21
Compiled Laws, 1969 PA 306, MCL 24.201 to 24.328, for the purpose 22
of carrying out this section. If a petition is signed by land 23
owners in the case of a district which that is proposed to be 24
annexed or detached in which there are no qualified electors 25
residing, as above provided, then a sworn statement shall must also 26
accompany such the petition giving the total area of the land, 27
exclusive of streets, included within such uninhabited district to 28
be annexed or detached, or such subdivided or unsubdivided portion 29
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thereof. The term "qualified electors" as used in this section as 1
applied to persons residing within unsubdivided portions of the 2
district shall include includes only such the electors who are 3
owners of property assessed for taxes within the unsubdivided 4
portions of the district. 5
Sec. 2b. (1) If there is a conflict between the provisions of 6
this act and 1968 PA 191, MCL 123.1001 to 123.1020, regarding 7
annexation, the provisions of 1968 PA 191, MCL 123.1001 to 8
123.1020, govern. The district to be affected by the proposed 9
annexation is considered to include the whole of each city, 10
village, or township from which territory is to be annexed. 11
(2) Except as provided in subsection (3), 1 of the following 12
must be used to initiate annexation of territory by a village in a 13
manner and on a form as prescribed by the commission: 14
(a) A petition by a landowner or landowners, whose land is in 15
the area proposed for annexation. 16
(b) A petition by 20% of the qualified electors who reside in 17
the area proposed for annexation. 18
(c) A resolution by the governing body of the village to which 19
the area is proposed to be annexed. 20
(3) A petition or resolution for annexation of territory by a 21
village must be filed with the commission unless any of the 22
following circumstances apply: 23
(a) There is a conditional transfer of property made under 24
1984 PA 425, MCL 124.21 to 124.30. 25
(b) An annexation is made by an interlocal agreement under the 26
urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 27
124.512. 28
(c) An annexation occurs by operation of law. 29
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(4) Except as provided in subsection (3), when processing, 1
approving, denying, or revising a petition or resolution for 2
annexation of territory by a village, the commission has the same 3
powers and duties as provided under 1968 PA 191, MCL 123.1001 to 4
123.1020, relating to petitions that propose incorporations. If the 5
commission determines that a petition or resolution for annexation 6
of territory by a village is valid, the commission shall do all of 7
the following: 8
(a) Hold a public hearing in or reasonably near the area 9
proposed for annexation. 10
(b) Provide notice to property owners located in the area 11
proposed for annexation not later than 60 days before a public 12
hearing held under subdivision (a). 13
(c) Not later than 30 days before the date of the public 14
hearing held under subdivision (a), provide notice of the public 15
hearing to property owners located within 300 feet of the area 16
proposed for annexation by certified mail. 17
(5) Not later than 45 days before the date of the public 18
hearing required under subsection (4), the local unit of government 19
capable of producing the information required under subsection (4) 20
shall provide the commission with a list of the names and addresses 21
of all persons the commission is required to provide notice to 22
under subsection (4). The commission is required to provide notice 23
only to the property owners included on the list provided by the 24
local unit of government as required under this section. 25
(6) If an annexation is denied by the commission, the 26
commission shall send a certified copy of its order to the clerk of 27
each county, city, village, and township affected. 28
(7) If an annexation is approved, and if on the date the 29
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petition or resolution for annexation of territory by a village was 1
filed with the commission 100 persons or fewer resided in the area 2
approved for annexation, the commission's order is not subject to a 3
referendum. The commission shall send a certified copy of its order 4
to the clerk of each county, city, village, and township affected 5
and to the secretary of state. The annexation is effective on a 6
date set forth in the commission's order. 7
(8) If an annexation is approved, and if on the date the 8
petition or resolution for annexation of territory by a village was 9
filed with the commission more than 100 persons resided in the area 10
approved for annexation, the commission shall send a certified copy 11
of its order to the clerk of each county, city, village, and 12
township affected and to the secretary of state. The commission's 13
order becomes final 30 days after the date of the order unless, 14
within 30 days after the date of the order, a referendum petition 15
is filed with the commission that contains the signatures of at 16
least 25% of the registered electors residing within 5 miles of the 17
area approved for annexation. 18
(9) If a referendum petition is filed with the commission 19
under subsection (8), the commission shall verify the validity of 20
the referendum petition. If the commission determines the 21
referendum petition is valid, the commission shall order a 22
referendum on the question of annexation. A referendum must be held 23
in each area from which a valid referendum petition was filed with 24
the commission. If a valid referendum petition is not filed with 25
the commission under subsection (8) or if the majority of the 26
electors voting on the question in each area in which a referendum 27
is held under this subsection, voting separately, approve the 28
annexation, the annexation is effective on a date set by order of 29
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the commission. 1
(10) The commission shall reject a petition or resolution for 2
annexation of territory by a village if the petition or resolution 3
for annexation of territory by a village includes all or any part 4
of the territory that was described in any petition or resolution 5
for annexation of territory by a village filed with the commission 6
within the preceding 2 years and that was denied by the commission 7
or was defeated in an election under subsection (9). 8
(11) Beginning on the effective date of the amendatory act 9
that added this section, if 1968 PA 191, MCL 123.1001 to 123.1020, 10
is in effect, annexation of territory from a city or township to a 11
village is as provided in this section and no other means of 12
annexation is effective. 13
(12) The commission shall mail a copy of any final order 14
issued under this section to each property owner to whom the 15
commission is required to provide notice under subsection (4). 16
(13) As used in this section, "commission" means the state 17
boundary commission created under 1968 PA 191, MCL 123.1001 to 18
123.1020. 19
Sec. 3. Said A petition shall under section 2 must accurately 20
describe the proposed boundaries of the village or of the territory 21
to be annexed thereto or detached therefrom and if the purpose is 22
to incorporate a new village, it shall must represent that the 23
territory described contains not less than 150 inhabitants and an 24
average of not less than 100 inhabitants per square mile. 25
Sec. 5. The Except as otherwise provided in section 2b, the 26
district to be affected by every such proposed incorporation, 27
consolidation, or change of boundaries, shall be deemed except for 28
annexation, is considered to include the whole of each city, 29
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village, or township from which territory is to be taken. or to 1
which territory is to be annexed: Provided, however, That proposed 2
Proposed incorporations, consolidations, or changes of boundaries, 3
shall except for annexation, must be submitted to the qualified 4
electors residing within the territory proposed to be incorporated 5
or residing within the village to which territory is to be annexed 6
as the case may be, and also to the qualified electors of the city, 7
village, or township, from which the territory to be taken is 8
located. and at the election, when When the said question proposed 9
incorporation, consolidation, or changes of boundaries, except for 10
annexation is voted upon, the city, village, or township shall 11
conduct the election in such manner as to keep the votes of the 12
qualified electors in the territory proposed to be incorporated or 13
annexed or detached in a separate box from the one box containing 14
the votes from the remaining portions of such the city, village, or 15
township. , and if If the returns of said the election shall show a 16
majority of the votes cast in the district proposed to be 17
incorporated, or annexed, voting separately, to be in favor of the 18
proposed incorporation or change of boundary, except for 19
annexation, as the case may be, applicable, and if a majority of 20
the electors voting in the remainder of the district to be affected 21
as herein defined, voting collectively, are in favor of the 22
proposed incorporation or change of boundary, except for 23
annexation, as the case may be, then such the territory shall 24
become is incorporated as a village or shall become becomes a part 25
of the corporate territory of the village, or shall be is detached 26
therefrom. , as the case may be: Provided further, That in case If 27
there are no qualified electors residing within the territory 28
proposed to be detached , or annexed, and if a majority of electors 29
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voting in the remainder of the district to be affected, as herein 1
defined, as described in this section, are in favor of the proposed 2
change of boundary, except for annexation, then such the territory 3
shall become becomes a part of the corporate territory of the 4
village or shall be is detached therefrom. , as the case may be: 5
Provided further, That the The question of incorporating a new 6
village from territory located in a township or townships shall be 7
is determined by a majority of the votes cast at an election at 8
which only the electors residing within the territory proposed to 9
be incorporated shall vote. 10
Enacting section 1. Section 5a of the home rule village act, 11
1909 PA 278, MCL 78.5a, is repealed. 12
Enacting section 2. This amendatory act does not take effect 13
unless Senate Bill No. 1024 of the 103rd Legislature is enacted 14
into law. 15