HOUSE BILL No. 4151 February 3, 1999, Introduced by Rep. Jamnick and referred to the Committee on Local Government and Urban Policy. A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 24 (MCL 78.24), as amended by 1994 PA 15. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 24. A village may PROVIDE in its charterprovidefor 2 1 or more of the following: 3 (a) The regulation of a trade, occupation, or amusement 4 within the village's boundaries, including the sale of intoxicat- 5 ing liquor and the number of licenses to be issued for the sale 6 of intoxicating liquor. A charter shall not permit the sale of 7 liquor in a county in which the sale is prohibited by operation 8 of the general local option law of this state, but may suppress 9 saloons for the sale of intoxicating liquor. 10 (b) The punishment of a person who violates an ordinance of 11 the village other than an ordinance described in section25a(1),00939'99 c FDD 2 1(2), or (3)25A.ATHE penalty FOR A VIOLATION OF SUCH AN 2 ORDINANCE shall not exceed a fine of $500.00 or imprisonment for 3 90 days, or both. HOWEVER, UNLESS OTHERWISE PROVIDED BY LAW, THE 4 ORDINANCE MAY PROVIDE THAT A VIOLATION OF THE ORDINANCE IS PUN- 5 ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF 6 NOT MORE THAN $500.00, OR BOTH, IF THE VIOLATION SUBSTANTIALLY 7 CORRESPONDS TO A VIOLATION OF STATE LAW THAT IS A MISDEMEANOR FOR 8 WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS 93 DAYS. 9 (c) The establishment of a department considered necessary 10 for the general welfare of the village and for the separate 11 incorporation of the village. This subdivision does not apply to 12 a public school. 13 (d) The use and enjoyment of the surface of a street of the 14 village,andofthe space above and beneath the street. 15 (e) The assessment and reassessment of the cost, or a por- 16 tion of the cost, of a public improvement to a special district. 17 The payment of a future installment of a special assessment 18 against a parcel of land may be made at any time in full, with 19 interest accrued to the due date of the next installment. 20 (f) The purchase of private property for a public use or 21 purpose within the scope of the powers of the village. 22 (g) The sale and delivery of water outsideofthe corpo- 23 rate limits of the village in an amount determined by the legis- 24 lative body of the village. 25 (h) The purchase of land outside the corporate limits of the 26 village if necessary for the disposal of sewage and garbage or 00939'99 c 3 1 for a purpose authorized by the state constitution of 1963 or the 2generallaw of this state. 3 (i) The use, upon the payment of reasonable compensation by 4 persons other than the owner, of property located in a street, 5 alley, or public place if the property is used in the operation 6 of a public utility. 7 (j) A plan of streets and alleys within the village's 8 limits. 9 (k) The use, control, and regulation of a stream, water, or 10 watercourse within the village's boundaries, but not so as to 11 conflict with a law, or action under a law, by which a navigable 12 stream is bridged or dammed. 13 (l) The enforcement of each police, sanitary, or other ordi- 14 nance that is not in conflict with thegenerallaw of this 15 state. 16 (m) The exercise of each municipal power in the management 17 and control of village property and the administration of the 18 village government, whether the power is expressly enumerated in 19 this act or not; an act to advance the interest of the village, 20 and the good government and prosperity of the village and its 21 inhabitants; and the making of ordinances that are necessary and 22 proper for carrying into execution the powers conferred by this 23 act, and other powers vested by the state constitution of 1963 in 24 villages, except if forbidden by or if the subject is covered 25 exclusively by thegenerallaw of this state. 26 (n) The sale and delivery of heat, power, and light outside 27 the village's corporate limits in an amount determined by the 00939'99 c 4 1 legislative body of the village, except that a sale at other than 2 wholesale shall be limited to the area of a city, village, or 3 township that is contiguous to the village as of June 23, 1974, 4 and to the area of any other city, village, or township being 5 served as of June 23, 1974. However, a village shall not sell 6 heat, power, or light to a customer outside the village's corpo- 7 rate limits already receiving the service from another utility 8 unless the serving utility consents in writing. For purposes of 9 this subdivision, "wholesale" means the sale or exchange of heat, 10 power, or light between public utility systems, whether munici- 11 pally, cooperatively, or privately owned. 12 Enacting section 1. This amendatory act does not take 13 effect unless all of the following bills of the 90th Legislature 14 are enacted into law: 15 (a) Senate Bill No. _______ or House Bill No. _______ 16 (request no. 00939'99). 17 (b) Senate Bill No. _______ or House Bill No. _______ 18 (request no. 00939'99 a). 19 (c) Senate Bill No. _______ or House Bill No. _______ 20 (request no. 00939'99 b). 21 (d) Senate Bill No. _______ or House Bill No. _______ 22 (request no. 00939'99 d). 00939'99 c Final page. FDD