CRC - 2017                                   COMMITTEE AMENDMENT
       Proposal No. P 61
       
       
       
       
       
       
                                Ì451392+Î451392                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/26/2018           .                                
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       The Committee on Local Government (Timmann) recommended the
       following:
       
       
    1         CRC Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 2 of Article VIII of the State Constitution is
    6  amended to read:
    7                            ARTICLE VIII
    8                           LOCAL GOVERNMENT
    9         SECTION 2. Municipalities.—
   10         (a) ESTABLISHMENT. Municipalities may be established or
   11  abolished and their charters amended pursuant to general or
   12  special law. When any municipality is abolished, provision shall
   13  be made for the protection of its creditors.
   14         (b) POWERS. Municipalities shall have governmental,
   15  corporate and proprietary powers to enable them to conduct
   16  municipal government, perform municipal functions and render
   17  municipal services, and may exercise any power for municipal
   18  purposes except as otherwise provided by law. A law enacted by
   19  the legislature which preempts power granted to a municipality
   20  under this subsection must:
   21         (1) State with specificity the statewide necessity
   22  justifying the preemption;
   23         (2) Be no broader than necessary to accomplish the
   24  statewide necessity expressed;
   25         (3) Contain only one preemption of a power granted herein;
   26  and
   27         (4) Relate to one subject.
   28  
   29  Each municipal legislative body shall be elective.
   30         (c) ANNEXATION. Municipal annexation of unincorporated
   31  territory, merger of municipalities, and exercise of extra
   32  territorial powers by municipalities shall be as provided by
   33  general or special law.
   34  
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37  And the title is amended as follows:
   38         Delete everything before the enacting clause
   39  and insert:
   40                         A proposal to amend                       
   41         Section 2 of Article VIII of the State Constitution to
   42         provide that any law enacted by the Legislature that
   43         restricts the home rule powers granted to
   44         municipalities must meet certain criteria.