Bill Text: MI HB4924 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Villages; home rule; authority to enact local ordinances with criminal penalties of not more than 180 days in jail; provide. Amends secs. 23 & 24 of 1909 PA 278 (MCL 78.23 & 78.24).
Spectrum: Bipartisan Bill
Status: (Passed) 2012-02-15 - Assigned Pa 11'12 With Immediate Effect [HB4924 Detail]
Download: Michigan-2011-HB4924-Chaptered.html
Act No. 11
Public Acts of 2012
Approved by the Governor
February 7, 2012
Filed with the Secretary of State
February 15, 2012
EFFECTIVE DATE: February 15, 2012
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Reps. Muxlow and Byrum
ENROLLED HOUSE BILL No. 4924
AN ACT to amend 1909 PA 278, entitled “An act to provide for the incorporation of villages and for revising and amending their charters; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness; to validate bonds issued and obligations previously incurred; and to prescribe penalties and provide remedies,” by amending sections 23 and 24 (MCL 78.23 and 78.24), section 23 as amended by 2003 PA 304 and section 24 as amended by 1999 PA 56.
The People of the State of Michigan enact:
Sec. 23. Each village charter shall provide for all of the following:
(a) The election of and compensation for a president who shall be the executive head, a clerk, and a legislative body. Notwithstanding a charter provision to the contrary, a village election shall be nonpartisan.
(b) The election or appointment of other officers or administrative boards considered necessary.
(c) The levying and collection of village taxes.
(d) That the subjects of taxation for municipal purposes shall be the same as for state, county, and school purposes under the general law.
(e) An annual appropriation of money for municipal purposes.
(f) The public peace and health, and for the safety of persons and property.
(g) One or more election districts; subject to section 21, the time, place, and means of holding elections; and the registration of electors.
(h) Keeping in the English language a written or printed journal of proceedings of the legislative body.
(i) The publication of an ordinance or a synopsis of an ordinance before the ordinance becomes operative. Any charter provision to the contrary notwithstanding, a village may adopt an ordinance punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days. Whether or not provided in its charter, a village may adopt a provision of any state statute for which the maximum period of imprisonment is 93 days, the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a plumbing code, electrical code, or building code that has been promulgated by this state, by a department, board, or other agency of this state, or by an organization or association that is organized and conducted for the purpose of developing that code, by making reference to that law or code in an adopting ordinance without publishing that law or code in full. The law or code shall be clearly identified in the ordinance, and a statement of the purpose of the law or code shall be published with the adopting ordinance. Printed copies of the law or code shall be kept in the office of the village clerk and made available to the public at all times. The publication shall contain a notice stating that a complete copy of the law or code is available to the public at the office of the village clerk. Except as otherwise provided in this subdivision, a village shall not enforce any provision adopted by reference for which the maximum period of imprisonment is greater than 93 days. A village may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 180 days.
(iii) A fine of not less than $200.00 or more than $700.00.
(j) That the business of the legislative body shall be conducted at a public meeting of the body held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and all records of the municipality shall be available to the public under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(k) Adopting, continuing, amending, or repealing village ordinances.
(l) A system of accounts that conforms to a uniform system required by law.
Sec. 24. A village may provide in its charter for 1 or more of the following:
(a) The regulation of a trade, occupation, or amusement within the village’s boundaries, including the sale of intoxicating liquor and the number of licenses to be issued for the sale of intoxicating liquor. A charter shall not permit the sale of liquor in a county in which the sale is prohibited by operation of the general local option law of this state, but may suppress saloons for the sale of intoxicating liquor.
(b) The punishment of a person who violates an ordinance of the village other than an ordinance described in section 25a. The penalty for a violation of such an ordinance shall not exceed a fine of $500.00 or imprisonment for 90 days, or both. However, unless otherwise provided by law, the ordinance may provide that a violation of the ordinance is punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both, if the violation substantially corresponds to a violation of state law that is a misdemeanor for which the maximum period of imprisonment is 93 days. In addition, a village may adopt section 625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference in an adopting ordinance and shall provide that a violation of that ordinance is a misdemeanor punishable by 1 or more of the following:
(i) Community service for not more than 360 hours.
(ii) Imprisonment for not more than 180 days.
(iii) A fine of not less than $200.00 or more than $700.00.
(c) The establishment of a department considered necessary for the general welfare of the village and for the separate incorporation of the village. This subdivision does not apply to a public school.
(d) The use and enjoyment of the surface of a street of the village and the space above and beneath the street.
(e) The assessment and reassessment of the cost, or a portion of the cost, of a public improvement to a special district. The payment of a future installment of a special assessment against a parcel of land may be made at any time in full, with interest accrued to the due date of the next installment.
(f) The purchase of private property for a public use or purpose within the scope of the powers of the village.
(g) The sale and delivery of water outside the corporate limits of the village in an amount determined by the legislative body of the village.
(h) The purchase of land outside the corporate limits of the village if necessary for the disposal of sewage and garbage or for a purpose authorized by the state constitution of 1963 or the law of this state.
(i) The use, upon the payment of reasonable compensation by persons other than the owner, of property located in a street, alley, or public place if the property is used in the operation of a public utility.
(j) A plan of streets and alleys within the village’s limits.
(k) The use, control, and regulation of a stream, water, or watercourse within the village’s boundaries, but not so as to conflict with a law, or action under a law, by which a navigable stream is bridged or dammed.
(l) The enforcement of each police, sanitary, or other ordinance that is not in conflict with the law of this state.
(m) The exercise of each municipal power in the management and control of village property and the administration of the village government, whether the power is expressly enumerated in this act or not; an act to advance the interest of the village, and the good government and prosperity of the village and its inhabitants; and the making of ordinances that are necessary and proper for carrying into execution the powers conferred by this act, and other powers vested by the state constitution of 1963 in villages, except if forbidden by or if the subject is covered exclusively by the law of this state.
(n) The sale and delivery of heat, power, and light outside the village’s corporate limits in an amount determined by the legislative body of the village, except that a sale at other than wholesale shall be limited to the area of a city, village, or township that is contiguous to the village as of June 23, 1974, and to the area of any other city, village, or township being served as of June 23, 1974. However, a village shall not sell heat, power, or light to a customer outside the village’s corporate limits already receiving the service from another utility unless the serving utility consents in writing. For purposes of this subdivision, “wholesale” means the sale or exchange of heat, power, or light between public utility systems, whether municipally, cooperatively, or privately owned.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
