Bill Text: MI HB5816 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Cities: home rule; election of charter commission: modify timeline requirements. Amends sec. 18 of 1909 PA 279 (MCL 117.18).
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-06-13 - Bill Electronically Reproduced 06/13/2024 [HB5816 Detail]
Download: Michigan-2023-HB5816-Introduced.html
HOUSE BILL NO. 5816
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
by amending section 18 (MCL 117.18).
the people of the state of michigan enact:
Sec. 18. (1) Any city desiring to revise its charter shall do so in the following manner, unless otherwise provided by charter. ; when its If the legislative body of the city shall by a 3/5 vote of the members elect declare for a general revision of the charter, or when if an initiatory petition shall be is presented therefor for a general revision of the charter as provided in section 25, the question of having a general charter revision shall must be submitted to the electors for adoption or rejection at the next general or municipal election , or at a special election. In case If the electors, shall, by a majority vote, declare in favor of such a general revision of the charter, a charter commission shall must be elected within 60 200 days consisting of 9 electors of such the city having a residence of at least 3 years in the municipality, or the legislative body by a 3/5 vote of the members elect or the initiatory petition may provide that the charter commission be selected at the same election at which the proposition to revise is submitted. ; the The selection shall be is void if the proposition to revise is not adopted. No city officer or employee, whether elected or appointed, shall be is eligible to a place on the charter commission.
(2) In the cities where provision is made by the city charter provides for the nonpartisan elections of city officers, the method prescribed for such the elections shall must apply in the election of charter commissioners. Where no such If a provision is not made by the charter of such the city, candidates shall must be nominated by petition without reference to or designation of party affiliation, signed by a number of qualified electors of such the city equal to not less than 2% and not more than 4% of the total vote cast for the chief executive office, or the highest vote cast for any commissioner in cities having the commission form of government, of such the city at the last preceding election, asking that the name of the candidate designated be placed upon on the ballot. The names of all candidates so nominated shall must be placed upon on a separate ballot at the election designated to be held for the election of a charter commission and without their the candidates' party affiliations designated. ; the The 9 candidates having the greatest number of votes shall must be declared elected. ; the The election of the members of such the charter commission, except as herein otherwise specified, shall must be conducted as near as may be as is now provided by law for the election of city officers in the respective cities of this state unless special methods shall be are otherwise provided in the charter of such the city.
(3) If the proposed revised charter is rejected by the electors of the city, the charter revision commission shall immediately reconvene and determine whether to take no further action, in which case it shall terminate the charter revision commission terminates and cease ceases to exist, or whether to provide a revision of, or amendments to, the revised charter previously prepared by the commission. The proposed revised charter with amendments shall must be resubmitted to the qualified electors of the city in the same manner and with like notice and proceedings as originally required. in the first instance. A proposed revised charter, as originally submitted or resubmitted with amendments, shall must not be submitted not to exceed more than 3 times to the qualified electors of the city. If the proposed revised charter is rejected 3 times, or if no revised charter is adopted during the 3 years following the adoption of the proposition to revise, then the charter revision commission shall terminate terminates and cease ceases to exist. A new proposal to revise may be adopted at any time after termination of a charter revision commission.
(4) When If the question of having a general revision of the charter shall be is submitted to the electors of any a city, the legislative body of such the city or the initiative petitions may provide for the submission with such the question for an advisory vote of the question of a change in the form of government of such the city, or the question of continuing any power, limitation or provision granted to such the city in a charter granted or passed by the legislature for the government thereof. When such of the city. If an advisory vote is requested in an initiatory initiative petition, such the question shall must be submitted as hereinbefore provided in this section. In the revision of the charter of any city, any power, limitation or provision granted to such the city in any charter granted or passed by the legislature for the government of such the city and contained in the charter to be revised may be included in such the revised charter, and when so if included, such the power, limitation, or the effect of any such provision shall continue continues with the same force and effect as when granted or passed by the legislature in the first instance.
