Bill Text: MI HB6335 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Townships: ordinances; public notice of township ordinances; revise to make reference to the local government public notice act. Amends secs. 4, 5 & 6 of 1945 PA 246 (MCL 41.184 et seq.). TIE BAR WITH: HB 6440'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6335 Detail]
Download: Michigan-2019-HB6335-Introduced.html
HOUSE BILL NO. 6335
November 12, 2020, Introduced by Rep. Steven
Johnson and referred to the Committee on Government Operations.
A bill to amend 1945 PA 246, entitled
"An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act,"
by amending sections 4, 5, and 6 (MCL 41.184, 41.185, and 41.186), section 4 as amended by 2012 PA 9, section 5 as amended by 1999 PA 257, and section 6 as added by 1989 PA 78.
the people of the state of michigan enact:
Sec. 4. (1) A township ordinance shall must contain a provision stating when the ordinance takes effect.
(2) Except as provided in section 22 of the charter township act, 1947 PA 359, MCL 42.22, and section 401 of the Michigan zoning enabling act, 2006 PA 110, MCL 125.3401, a township ordinance shall take takes effect as follows:
(a) If an ordinance imposes a sanction for the violation of the ordinance, the ordinance shall take takes effect 30 days after the first publication or posting of the ordinance.
(b) If an ordinance does not impose a sanction for the violation of the ordinance, the ordinance shall take takes effect the day following the date of the publication or posting of the ordinance or any date following publication or posting specified in the ordinance.
(3) Publication Before January 1, 2022, publication of the ordinance shall must be made within 30 days after the passage of the ordinance by inserting either a true copy or a summary of the ordinance once in a newspaper circulating within the township. Beginning January 1, 2022, within 30 days after the passage of the ordinance, public notice of a true copy or a summary of the ordinance must be posted as set forth in the local government public notice act. A summary of an ordinance may be drafted by the same person who drafted the ordinance or by the township board or township planning commission and shall must be written in clear and nontechnical language. Each section of an ordinance or a summary of an ordinance shall must be preceded by a catch line. If a summary of an ordinance is published or posted, the township shall designate in the publication or posting the location in the township where a true copy of the ordinance can be inspected or obtained.
(4) If an ordinance adopts by reference a provision of any state statute for which the maximum period of imprisonment is 93 days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, a statement of the purpose of the statute shall must be published or posted with the adopting ordinance or with the summary of the adopting ordinance under subsection (3). Copies of the statute adopted by the township by reference shall must be kept in the office of the township clerk, available for inspection by and distribution to the public. The township shall include in the publication or posting the designation of a location in the township where a copy of the statute can be inspected or obtained. Except as otherwise provided in this subsection, a township shall not enforce any provision adopted by reference for which the maximum period of imprisonment is greater than 93 days. A township 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:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.
Sec. 5. (1) Within 1 week after the publication or posting of an ordinance as provided in section 4, the township clerk shall record the ordinance in a book of ordinances kept by him or her for that purpose; record the date of the passage of the ordinance, the names of the members of the township board voting, and how each member voted; and file an attested copy of the ordinance with the county clerk. If the ordinance adopts by reference a provision of any state statute for which the maximum period of imprisonment is 93 days or the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, the township clerk shall also file a copy of the statute with the county clerk. The township clerk shall certify under the ordinance in a blank space provided the date or dates of publication or posting of the ordinance, the name of the newspaper in which publication was made, if applicable, and the date of filing with the county clerk.
(2) The county clerk shall maintain separate files for any statute filed under subsection (1) for each township in the county. The county clerk shall make the files readily available to the public.
(3) The provisions of this section with regard to filing with the county clerk do not apply to a township that maintains a township office open to the public during regular hours on each business day.
(4) The county clerk may charge a reasonable fee for the reproduction or furnishing of a copy of an ordinance or statute filed under subsection (1).
Sec. 6. Each township may codify, recodify, and continue in code its ordinances, in whole or in part, without the necessity of publishing or posting the entire code in full. The ordinance adopting the code, as well as subsequent ordinances repealing, amending, continuing, or adding to the code, shall must be published or posted as required by law. The ordinance adopting the code may amend, repeal, revise, or rearrange ordinances or parts of ordinances by reference by title only.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.
