HOUSE BILL No. 4595


     April 17, 2001, Introduced by Reps. Ruth Johnson, Toy, Julian, Raczkowski, Pappageorge, Voorhees, Shulman, Rocca,
Gosselin and Bishop and referred to the Committee on Redistricting and Elections.


        A bill to amend 1966 PA 293, entitled

   "An act to provide for the establishment of charter counties; to
   provide for the election of charter commissioners; to prescribe
   their powers and duties; to prohibit certain acts of a county
   board of commissioners after the approval of the election of a
   charter commission; to prescribe the mandatory and permissive
   provisions of a charter; to provide for the exercise by a charter
   county of certain powers whether or not authorized by its
   charter; and to prescribe penalties and provide remedies,"

   by amending sections 3 and 16 (MCL 45.503 and 45.516), section 3

   as amended by 1980 PA 7.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 3.  The resolution shall provide that the question

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      shall be submitted to the qualified electors at the next regular

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      primary, presidential primary, or general election occurring not

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      less than 60 days after the adoption of the resolution.  If

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      there is not to be a regular primary, presidential primary, or

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      general election in the county within 180 days, the county board



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      of commissioners shall provide in the resolution for a special

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      election on the question. 

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           Sec. 16.  (1) The charter shall be submitted to the governor

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      for approval within 30 days after its completion.  The charter

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      may be approved by the governor upon written recommendation of

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      the attorney general that it conforms to the provisions of the

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      constitution and the statutes of this state.  The governor either

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      shall approve or reject the charter within 30 days of its

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      submission.  If the governor rejects the charter, he OR SHE shall

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      return it to the charter commission together with a copy of his

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      OR HER reasons  therefor  FOR REJECTING THE CHARTER.  Upon the

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      return of the unapproved charter, the commission shall reconvene,

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      consider the reasons for rejection, revise the proposed charter,

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      and submit the revised charter to the governor within a period of

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      45 days.  Upon resubmission, the governor either shall approve or

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      reject the charter within 30 days of its resubmission.  If the

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      governor rejects the charter, he OR SHE shall notify the commis-

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      sion of his OR HER action and his OR HER reasons  therefor  FOR

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      REJECTING THE CHARTER.  Upon the second rejection of the charter,

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      the commission, within 30 days, either shall reconvene and revise

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      the charter to comply with the governor's objections or it shall

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      take all steps necessary to obtain a judicial interpretation to

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      determine whether the charter conforms to the provisions of the

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      constitution and statutes of this state.

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           (2) Upon approval of the charter by the governor or upon a

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      final favorable judicial interpretation, the commission, within

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      10 days, shall fix the date, by resolution, for the submission of



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      the proposed charter to the electorate for its adoption.  The

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      submission shall be at the time of the next regular primary elec-

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      tion  occurring not less than 60 days from the adoption of the

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      resolution  OR GENERAL ELECTION.  If there is not to be a regu-

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      lar primary election within 180 days, the charter commission may

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      provide in the resolution for a special election on the question

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      of the adoption or rejection of the charter.  The resolution

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      shall also establish the date for a primary and general election

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      of officers for the newly created elective offices, whose first

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      term shall be for a period ending at the same time as that of the

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      incumbent governor.  Thereafter, they shall be elected for 4-year

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      terms concurrent with the terms of the governor.  The  manner of 

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      nomination and election of home rule county officers shall be in

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       all respects  the same MANNER as that  heretofore 
   established

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      for regular county officers.  If the charter is submitted to the

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      electors for approval or rejection  at any time prior to  BEFORE

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      the regular primary election  ,  at which  time such  THE
   elec-

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      tive county officers  as there shall be in the county  are regu-

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      larly nominated,  prior to the effective date of this act,  then

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       all  AN incumbent elective county  officers  OFFICER whose

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       offices are  OFFICE IS retained in the charter shall continue in

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      office until the expiration of the term for which  they were  HE

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      OR SHE WAS last elected.  , respectively. 

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           Enacting section 1.  This amendatory act does not take

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      effect unless Senate Bill No. _____ or House Bill No. 4592

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      (request no. 00271'01) of the 91st Legislature is enacted into

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      law.



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