Bill Text: MI HB4968 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Land use; planning; requirement for planning commissions and zoning boards of appeals to abstain from voting on financial issues or contracts when a conflict of interest exists. Amends sec. 15 of 2008 PA 33 (MCL 125.3815).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-09-19 - Bill Electronically Reproduced 09/14/2017 [HB4968 Detail]

Download: Michigan-2017-HB4968-Introduced.html

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HOUSE BILL No. 4968

 

 

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.