LOCAL UNITS: 93-DAY MISDEMEANORS - S.B. 831 (S-1)-834 (S-1): FLOOR ANALYSIS
Senate Bill 831 (Substitute S-1 as reported)
Senate Bill 832 (Substitute S-1 as reported)
Senate Bill 833 (Substitute S-1 as reported)
Senate Bill 834 (Substitute S-1 as reported)
Sponsor: Senator William Van Regenmorter (Senate Bill 831)
Senator Thaddeus G. McCotter (Senate Bill 832)
Senator Bev Hammerstrom (Senate Bill 833)
Senator Shirley Johnson (Senate Bill 834)
Committee: Judiciary
CONTENT
Senate Bills 831 (S-1) through 834 (S-1) would amend various acts to authorize local units of government to adopt certain provisions of State laws and to adopt an ordinance punishable by up to 93 days' imprisonment that substantially corresponded to a provision of State law with the same penalty. The bills are tie-barred to each other and to Senate Bills 855 and 856.
Senate Bill 831 (S-1) would amend the Home Rule Village Act to specify that, notwithstanding any charter provision to the contrary, a village could adopt an ordinance punishable by up to 93 days' imprisonment and/or a maximum fine of $500, as described above.
In addition, the Act authorizes a village to adopt a plumbing code, electrical code, or building code that has been promulgated by the State, by a department, board, or other agency of the State, or by an organization or association that is organized and conducted for the purpose of developing that code, by making reference to that code in an adopting ordinance without publishing the code in full. The bill also would authorize a village to adopt, in the same manner, a provision of any State statute for which the maximum period of imprisonment is 93 days or the Michigan Vehicle Code.
Senate Bill 832 (S-1) would amend Public Act 246 of 1945, which authorizes township boards to adopt ordinances, to allow a township to adopt a provision of any State statute for which the maximum period of imprisonment is 93 days or the Michigan Vehicle Code, by reference in an adopting ordinance. The adopted State statute would have to be identified clearly in the adopting ordinance, and a statement of the statute's purpose would have to be published with the adopting ordinance or with the published summary of the adopting ordinance. Copies of the statute adopted by reference would have to be kept in the township clerk's office and be available for inspection by and distribution to the public. The township clerk also would have to file a copy of the statute with the county clerk.
The Act requires the county clerk to maintain separate files for ordinances of each township in the county, and to make the files readily available to the public. The bill, instead, would require the county clerk to maintain separate files for any statute filed under the bill and to make those files readily available to the public. In addition, the county clerk may charge a reasonable fee for the reproduction or furnishing of a copy of an ordinance. The bill also would refer to a statute filed under the bill.
Senate Bill 833 (S-1) would amend the General Law Village Act to authorize a village to adopt by reference a provision of any State statute for which the maximum period of imprisonment is 93 days and the Michigan Vehicle Code. Currently, a village may adopt by reference a plumbing code, electrical code, mechanical code, fire protection code, building code, or other code promulgated by the State, by a department, board, or other agency of the State, or by an organization or association organized or conducted for the purpose of developing a code.
Senate Bill 834 (S-1) would amend the Home Rule City Act to specify that, notwithstanding any charter provision to the contrary, a city could adopt an ordinance punishable by up to 93 days' imprisonment and/or a maximum fine of $500, if the violation substantially corresponded to a violation of State law that was a misdemeanor punishable by imprisonment for up to 93 days.
Also, the Act specifies that, whether or not provided in its charter, a city may adopt by reference in an ordinance a law, code, or rule promulgated and adopted by an authorized agency of the State pertaining to fire protection or any of certain specified codes. The bill also would authorize a city to adopt by reference a provision of any State statute for which the maximum period of imprisonment is 93 days or the Michigan Vehicle Code.
In addition, the Act requires that a city's charter provide for the annual laying and collecting of taxes in a sum, except as otherwise provided by law, not to exceed 2% of the "assessed value" of real and personal property in the city. Also, the governing body of a city may levy and collect taxes for municipal purposes in a sum not to exceed 1% of the "assessed value" of real and personal property in the city. The bill would change "assessed value" in these provisions to "taxable value" and would define "taxable value" as the value determined under Section 27a of the General Property Tax Act (MCL 211.27a).
MCL 78.23 (S.B. 831) - Legislative Analyst: P. Affholter
41.181 et al. (S.B. 832)
66.4 (S.B. 833)
117.3 (S.B. 834)
FISCAL IMPACT
Local units that adopted provisions of State laws, as specified in the bills, would minimally reduce costs associated with publishing the local ordinance. The bills would have no fiscal impact on State government.
Date Completed: 11-1-99 - Fiscal Analyst: R. RossFloor\sb831
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.