HOUSE BILL No. 6041

 

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.