SB-1345, As Passed Senate, November 13, 2008
May 28, 2008, Introduced by Senators BARCIA and GLEASON and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1909 PA 278, entitled
"The home rule village act,"
by amending section 12 (MCL 78.12).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
12. (1) If the proposed charter be is rejected
at such an
election, the
election of officers shall be is
void, except that
the
elector who shall receive receives
the highest number of votes
cast
for the office of president shall nevertheless be a de facto
officer
of such the village
, until a president for such the
village
is elected and qualified pursuant to a charter of which the
electors
have approved. , and the The president so elected
shall,
after the lapse of 10 days within which petitions for the selection
of
a new charter commission may be filed, as hereinafter stated, if
such
a petition has not been filed with him or her,
by notice,
require
the said charter commission to reconvene and upon such
notice
the said charter commission shall reconvene and,
within 60
days
after such the notice, provide such any revision,
amendment,
or amendments to the original draft of the charter previously
prepared
by them the commission as to them shall seem fit the
commission considers necessary.
(2) The proposed charter, with such amendment or
amendments,
shall
be resubmitted to the qualified electors of said the village
in
the same manner and with like the
same notice and proceedings as
required in the first instance, which proceedings shall continue
until
the qualified electors of said the
village have, by a
majority
vote, approved a charter for said the village. :
Provided,
That
any such
(3) Any proposed charter, as originally submitted or
resubmitted
with any such amendment or amendments, shall not be
submitted
not to exceed more than 3 times to the qualified electors
of
said the village, and if rejected 3 times, or in the event
that
no
a charter is or has been not adopted
by the electors of said the
village
during a period of 2 3 years following the election on the
question
of the incorporation of said the
village, the township
clerk
of the township in which said the
village is located, or of
that township having the largest portion of the population thereof,
shall
certify such that fact to the secretary of state and to the
county clerk, register of deeds, and circuit court of the county in
which
said the village is located. and the The territory
of said
the village shall thereupon revert to the status existing prior to
the
filing of the petition required by section 2, of this act, and
the office of each charter commissioner and de facto officer of the
village shall terminate and cease to exist.