December 2, 2014, Introduced by Rep. Franz and referred to the Committee on Local Government.
A bill to amend 1909 PA 278, entitled
"The home rule village act,"
by amending sections 6, 11, 17, and 19 (MCL 78.6, 78.11, 78.17, and
78.19).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) The county clerk shall, within 3 days after the
passage
of the resolution provided for in section 4, of this act,
transmit
a certified copy of said the
petition and of such the
resolution to the clerk of each city, village, or township in the
district to be affected by the proposed incorporation,
consolidation, or
change. , and it shall be
(2)
Before January 1, 2015, it is the duty
of each of said the
city, village, and township clerks to give notice of the date and
purpose
of the election provided for by said the resolution by
publication
in 1 or more newspapers published within said the
district
at least once in each week for 4 weeks preceding said
before
the election, and by posting a like similar notice
in at
least
10 public places in said the
district not less than 10 days
prior
to such before the election.
Beginning January 1, 2015, not
less than 10 days and not more than 4 weeks before the election the
clerk of each city, village, or township in the district to be
affected by the proposed incorporation, consolidation, or change
shall provide tier A public notice of the date and purpose of the
election provided for by the resolution as set forth in the local
government public notice act.
Sec. 11. (1) At every election on the question of
incorporation of a new village, each elector residing within its
proposed
territorial limits shall also be is entitled to vote for 5
electors, residing in the territory which it is proposed to
incorporate, as members of a charter commission, and all notices
required
by section 6 of this act shall include notice of the
election
thereof. of charter
commission members. The ballots shall
be prepared by the clerk of the county in which the territory is
located or if located in more than 1 county, then by the clerk of
the county in which the greater portion of the territory is
located, ;
the expense to be borne by the
county. : Provided,
however,
That However, if the proposed village shall be is
incorporated, then the county shall be reimbursed by the village.
The
county clerk shall prepare the ballot to be used at such the
election
in accordance with the general election laws of the state
Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, as
follows:
"For village incorporation. Yes. [ ]
For village incorporation. No. [ ]"
(2) And
such The county clerk shall also prepare a separate
ballot and place upon the same in alphabetical order having
reference to the initial of the surname, without party designation,
under the heading "Candidates for members of charter commission,"
the names of all electors, having the qualifications required by
this
act for members of charter commissions, who shall file a
petition signed by 20 qualified electors residing in the territory
proposed
to be incorporated, asking that such his or her name be
placed
upon the ballot. The ballot shall also bear include
instructions directing that not more than 5 candidates shall be
voted for. On the vote being canvassed on the question of
incorporation,
if the result is determined to be in favor of such
incorporation, the board of canvassers shall proceed to canvass the
votes
cast for members of such the
charter commission, and shall
certify to the election of the 5 persons receiving the highest
number
of votes so cast. The members of the charter commission so
elected
shall take the constitutional oath of office , and shall
have power to fill vacancies in their membership, and 3 or more of
them
the members shall constitute a quorum. The charter commission
shall convene within 10 days after election and frame a charter for
said
the village within 60 days thereafter. It The charter
commission shall choose its own officers, determine the rules of
its
proceedings, and keep a journal. A roll call of its charter
commission members on any question shall be entered on the journal
at
the request of any member. It The
charter commission shall
provide the manner of nominating the candidates for the first
elective
officers provided in the proposed charter. It The charter
commission shall fix the date of the first village election and do
and
provide all other things necessary for making such the
nominations
and holding such the election. Such The election may be
held at a special election or on the same date as a general
election.
It Before January 1, 2015,
the charter commission shall
publish
such the proposed charter in 1 or more newspapers published
in
said the village, if one is published therein, in the village,
and if not, then in some newspaper published in the same or an
adjoining
county and circulating in said the
villages, at least
once,
not less than 2 weeks and not more than 4 weeks preceding
said
before the election, together with a notice of said the
election. ,
and that on On the date fixed therefor for the
election,
the question of adopting such the proposed
charter will
be
voted on, and that the elective officers provided for therein
will
be elected on the same date. Notice Before January 1, 2015,
notice
of such the election
shall also be posted in at least 10
public
places within the village not less than 2 weeks prior to
such
before the election. Said Beginning January 1, 2015, the
charter commission shall, not less than 2 weeks and not more than 4
weeks before the election, provide tier A public notice of the
proposed charter, together with the notice of election, as set
forth in the local government public notice act. The charter
commission
shall provide for 1 or more polling places for said the
election,
and shall give like similar notice of their
location, and
shall
appoint the election inspectors of said election, and a
canvassing
board of 3 electors to canvass the votes cast at such
the election.
Sec. 17. Any amendment to any existing charter, whether passed
pursuant
to the provisions of under this act or heretofore
previously granted or passed by the state legislature, for the
government of a village, may be submitted to the electors by a 2/3
vote of the legislative body of the village, or may be petitioned
for
by not less than 20 per centum 20%
of the number of electors
voting for president at the last preceding election, which petition
shall be verified by the oath of the party or parties securing the
same
petition and filed with the village clerk. Every such Each
amendment shall be submitted to the electors at the next general or
special election. When the amendment originates in the legislative
body, it shall be published or posted and remain on the table for
30
days before action is taken thereon. on the amendment. The form
in which any proposed amendment to a village charter shall be
submitted on the ballot, unless provided for in the initiatory
petition, shall be determined by resolution by the legislative
body.
Sec.
19. Every charter and amendment thereto, to the charter,
whether of villages incorporated under this act or under an
existing
charter of the village heretofore previously granted or
passed by the legislature for the government of a village, before
submission to the electors shall be published or posted as provided
in
section 11. of this act.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5560 (request no.
03796'13) of the 97th Legislature is enacted into law.