September 8, 2011, Introduced by Reps. Muxlow and Byrum and referred to the Committee on Judiciary.
A bill to amend 1909 PA 278, entitled
"The home rule village act,"
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. A
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.