HB 5804

HOUSE BILL NO. 5804
A bill to amend 2008 PA 33, entitled
"Michigan planning enabling act,"
by amending section 15 (MCL 125.3815), as amended by
2024 PA 153.
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 must consist of 5, 7, or 9 regular
members. A county planning commission shall must consist of 5, 7, 9, or 11 regular members. Members of a planning commission
other than ex officio members under subsection (5) shall
must be appointed for 3-year terms.
However, of the members of the planning commission , other than first
appointed, including alternate members but excluding ex officio members,
first appointed, a number shall must 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 must be filled for the
unexpired term in the same manner as provided for an original appointment. A
member shall hold office until a successor is appointed.
(3) The membership
of a planning commission must 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 of the local unit of government, such as agriculture, natural
resources, recreation, education, public health, social
development, government, transportation, industry, housing, and
commerce. The membership must also be representative of the entire territory of
the local unit of government to the extent practicable.
(4) Members of a
planning commission must be qualified electors of the local unit of government.
However, 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 a local
unit of government not 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 must be appointed to the
planning commission as an ex officio member. In a city, village, or county, the
chief administrative official or an individual 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 is as follows:
(a) The term of a
chief elected official must correspond to the individual's term as chief
elected official.
(b) The term of a
chief administrative official expires with the term of the chief elected
official that appointed the chief administrative official.
(c) The term of a
member of the legislative body expires with the member's term on the
legislative body.
(6) For a county
planning commission, the county shall make every reasonable effort to ensure
that the membership regular members of the county planning commission includes include a
member of a the public
school board or an administrative employee of a school district located, in
whole or in part, within the county's boundaries. This subsection applies each
time 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 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 part 2 of the recodified tax
increment financing act, 2018 PA 57, MCL 125.4201 to 125.4230, if the
boundaries of the downtown district are the same as the boundaries of the city
or village.
(c) The board of a
tax increment finance authority under part 3 of the recodified tax increment
financing act, 2018 PA 57, MCL 125.4301 to 125.4329, 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 chief elected official or county board of commissioners authorized
to appoint members of the planning commission under subsection (1) may appoint
to the planning commission, including a board under subsection (7) for purposes
of its service as a planning commission, not more than 3 alternate members. Any
alternate members must be appointed for the same term as regular members of the
planning commission who are not ex officio members, subject to subsection (2).
An alternate member may be called as specified in the zoning ordinance to serve
on the planning commission in the absence of a regular member if the regular
member is unable to attend 1 or more meetings. An alternate member may also be
called to serve for the purpose of reaching a decision on a matter in which a
regular member has abstained for reasons of conflict of interest. The alternate
member shall serve in the matter until a final decision is made. An alternate
member serving on the planning commission has the same voting rights as a regular
member.
(10) (9) The
legislative body may remove a member of the planning commission for
misfeasance, malfeasance, or nonfeasance in office on 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.
Failure of a member to disclose a potential conflict of interest 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.
(11) (10) An
ordinance creating a planning commission may impose additional requirements
relevant to the subject matter of, but not inconsistent with, this section.
(12) As used in this section, "regular member" means a member
who is not an alternate member.