September 14, 2017, Introduced by Rep. Glenn and referred to the Committee on Energy Policy.
A bill to amend 2008 PA 33, entitled
"Michigan planning enabling act,"
by amending section 15 (MCL 125.3815), as amended by 2010 PA 105.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 15. (1) In a municipality, the chief elected official
shall appoint members of the planning commission, subject to
approval by a majority vote of the members of the legislative body
elected and serving. In a county, the county board of commissioners
shall determine the method of appointment of members of the
planning commission by resolution of a majority of the full
membership of the county board.
(2) A city, village, or township planning commission shall
consist of 5, 7, or 9 members. A county planning commission shall
consist of 5, 7, 9, or 11 members. Members of a planning commission
other than ex officio members under subsection (5) shall be
appointed for 3-year terms. However, of the members of the planning
commission, other than ex officio members, first appointed, a
number shall be appointed to 1-year or 2-year terms such that, as
nearly as possible, the terms of 1/3 of all the planning commission
members will expire each year. If a vacancy occurs on a planning
commission, the vacancy shall be filled for the unexpired term in
the same manner as provided for an original appointment. A member
shall hold office until his or her successor is appointed.
(3) The membership of a planning commission shall be
representative of important segments of the community, such as the
economic, governmental, educational, and social development of the
local unit of government, in accordance with the major interests as
they exist in the local unit of government, such as agriculture,
natural resources, recreation, education, public health,
government, transportation, industry, and commerce. The membership
shall also be representative of the entire territory of the local
unit of government to the extent practicable.
(4) Members of a planning commission shall be qualified
electors of the local unit of government, except that the following
number of planning commission members may be individuals who are
not qualified electors of the local unit of government but are
qualified electors of another local unit of government:
(a) 3, in a city that on September 1, 2008 had a population of
more than 2,700 but less than 2,800.
(b) 2, in a city or village that has, or on September 1, 2008
had, a population of less than 5,000, except as provided in
subdivision (a).
(c) 1, in local units of government other than those described
in subdivision (a) or (b).
(5) In a township that on September 1, 2008 had a planning
commission created under former 1931 PA 285, 1 member of the
legislative body or the chief elected official, or both, may be
appointed to the planning commission, as ex officio members. In any
other township, 1 member of the legislative body shall be appointed
to the planning commission, as an ex officio member. In a city,
village, or county, the chief administrative official or a person
designated by the chief administrative official, if any, the chief
elected official, 1 or more members of the legislative body, or any
combination thereof, may be appointed to the planning commission,
as ex officio members, unless prohibited by charter. However, in a
city, village, or county, not more than 1/3 of the members of the
planning commission may be ex officio members. Except as provided
in this subsection, an elected officer or employee of the local
unit of government is not eligible to be a member of the planning
commission. The term of an ex officio member of a planning
commission shall be as follows:
(a) The term of a chief elected official shall correspond to
his or her term as chief elected official.
(b) The term of a chief administrative official shall expire
with the term of the chief elected official that appointed him or
her as chief administrative official.
(c) The term of a member of the legislative body shall expire
with his or her term on the legislative body.
(6) For a county planning commission, the county shall make
every reasonable effort to ensure that the membership of the county
planning commission includes a member of a public school board or
an administrative employee of a school district included, in whole
or in part, within the county's boundaries. The requirements of
this subsection apply whenever an appointment is to be made to the
planning commission, unless an incumbent is being reappointed or an
ex officio member is being appointed under subsection (5).
(7)
Subject to subsection (8), a A
city or village that has a
population of less than 5,000, and that has not created a planning
commission by charter, may by an ordinance adopted under section
11(1) provide that 1 of the following boards serve as its planning
commission:
(a) The board of directors of the economic development
corporation of the city or village created under the economic
development corporations act, 1974 PA 338, MCL 125.1601 to
125.1636.
(b) The board of a downtown development authority created
under 1975 PA 197, MCL 125.1651 to 125.1681, if the boundaries of
the downtown district are the same as the boundaries of the city or
village.
(c) A board created under the tax increment finance authority
act, 1980 PA 450, MCL 125.1801 to 125.1830, if the boundaries of
the authority district are the same as the boundaries of the city
or village.
(8) Subsections (1) to (5) do not apply to a planning
commission established under subsection (7). All other provisions
of this act apply to a planning commission established under
subsection (7).
(9) The legislative body may remove a member of the planning
commission for misfeasance, malfeasance, or nonfeasance in office
upon written charges and after a public hearing. Before casting a
vote on a matter on which a member may reasonably be considered to
have a conflict of interest, the member shall disclose the
potential conflict of interest to the planning commission. The
member is disqualified from voting on the matter if so provided by
the bylaws or by a majority vote of the remaining members of the
planning commission. A member shall disqualify himself or herself
from a vote in which the member has a direct financial interest.
Failure of a member to disclose a potential conflict of interest or
to disqualify himself or herself as required by this subsection
constitutes malfeasance in office. Unless the legislative body, by
ordinance, defines conflict of interest for the purposes of this
subsection, the planning commission shall do so in its bylaws.
(10) An ordinance creating a planning commission may impose
additional requirements relevant to the subject matter of, but not
inconsistent with, this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.