Bill Text: MI HB6384 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Villages: home rule; public notice provided under the home rule village act; revise to make reference to the local government public notice act. Amends sec. 6, 11, 17 & 19 of 1909 PA 278 (MCL 78.6 et seq.). TIE BAR WITH: HB 6440'20
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6384 Detail]
Download: Michigan-2019-HB6384-Introduced.html
HOUSE BILL NO. 6384
November 12, 2020, Introduced by Reps. Coleman,
Meerman and Steven Johnson and referred to the Committee on Government
Operations.
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, 2022, 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, 2022, 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 must post public notice as set forth in the local government public notice act of the date and purpose of the election provided for by the resolution.
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 must include notice of the election thereof. of charter commission members. The ballots shall must 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 must 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 separate ballot 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 must also bear include instructions directing that not more than 5 candidates shall must 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 individuals 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 shall the members 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 must 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, 2022, the charter commission shall publish such the proposed charter in 1 or more newspapers published in said the village, if one a newspaper 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, 2022, notice of such the election shall must 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, 2022, the charter commission shall, not less than 2 weeks and not more than 4 weeks before the election, post 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 must 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 must be submitted to the electors at the next general or special election. When If the amendment originates in the legislative body, it shall the amendment must 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 is submitted on the ballot, unless provided for in the initiatory petition, shall must 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 must 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. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
