§ 1.
Organization of local government.
The Legislature shall have plenary powers to
organize and classify units of local government, except that any proposed change in county
boundaries shall be submitted to the voters of each affected county at an election and be
approved by a majority of those voting thereon in each county. No township heretofore organized
may be abolished unless the question is submitted to the voters of the township and approved by
a majority of those voting thereon in each township.
History: 1889 Const., art. IX, §§ 1 to 7, art. X, §§ 1 to 3; amendment of § 5, art. IX, proposed
by SL 1893, ch 37, rejected Nov., 1894; amendment of § 3, art. IX, proposed by SL 1901, ch 87,
approved Nov., 1902; amendment of § 7, art. IX, proposed by SL 1905, ch 68, approved Nov.,
1906; amendment of § 5, art. IX, proposed by SL 1913, ch 131, rejected Nov., 1914; amendment
of § 1, art. IX, proposed by SL 1921, ch 147, rejected Nov., 1922; amendment of § 5, art. IX,
proposed by SL 1931, ch 100, rejected Nov., 1932; amendment of § 5, art. IX, proposed by SL
1935, ch 138, approved Nov., 1936; amendment of § 5, art. IX, proposed by SL 1949, ch 240,
rejected Nov., 1950; amendment of § 5, art. IX, proposed by SL 1953, ch 311, approved Nov.,
1954; amendment of § 5, art. IX, proposed by SL 1955, ch 260, rejected Nov., 1960; amendment
of § 5, art. IX, proposed by SL 1963, ch 343, approved Nov. 3, 1964; amendment of § 5, art. IX,
proposed by SL 1966, ch 198, approved Nov. 8, 1966; new art. IX proposed by SL 1972, ch 3,
approved Nov. 7, 1972.
§ 2.
Home rule.
Any county or city or combinations thereof may provide for the adoption
or amendment of a charter. Such charter shall be adopted or amended if approved at an election
by a majority of the votes cast thereon. Not less than ten percent of those voting in the last
preceding gubernatorial election in the affected jurisdiction may by petition initiate the question
of whether to adopt or amend a charter.
A chartered governmental unit may exercise any legislative power or perform any function not
denied by its charter, the Constitution or the general laws of the state. The charter may provide for
any form of executive, legislative and administrative structure which shall be of superior authority
to statute, provided that the legislative body so established be chosen by popular election and that
the administrative proceedings be subject to judicial review.
Powers and functions of home rule units shall be construed liberally.
History: Sections proposed by SL 1957, ch 300, rejected Nov., 1958; Art. X, §§ 4 and 5, proposed
by SL 1961, ch 298, approved Nov. 6, 1962, effective July 1, 1963; amendment proposed by SL
1972, ch 3, approved Nov. 7, 1972.
0N-9-3 Intergovernmental cooperation.
§ 3.
Intergovernmental cooperation.
Every local government may exercise, perform or
transfer any of its powers or functions, including financing the same, jointly or in cooperation
with any other governmental entities, either within or without the state, except as the Legislature
shall provide otherwise by law.
History: Section proposed by SL 1972, ch 3, approved Nov. 7, 1972.
0N-9-4 Local initiatives to provide for cooperation and organization of local governmental units....
§ 4.
Local initiatives to provide for cooperation and organization of local governmental
units.
On or after January 1, 2001, the voters of any unit of local government shall have the right
to initiate proposals for cooperation within or between local governmental units, either within or
without the state, except as the Legislature shall provide otherwise by law. Such proposals may
include combining, eliminating, and joint financing of offices, functions, and governmental units.
Such proposals shall be adopted if approved at an election by a majority of the votes cast thereon
in each affected unit. A number not less than fifteen percent of those voting in the last preceding
gubernatorial election in each affected jurisdiction may by petition initiate the question of
whether to adopt the proposal at the next general election.
History: Section proposed by SL 1999, ch 2, §§ 1 and 2, approved Nov. 7, 2000.
0N-9-5
