SENATE BILL No.
831



   October 20, 1999, Introduced by Senator VAN REGENMORTER and referred to the 
        Committee on Judiciary.



        A bill to amend 1909 PA 278, entitled

   "The home rule village act,"

   by amending section 23 (MCL 78.23), as amended by 1982 PA 373.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 23.  Each village charter shall provide FOR ALL OF the

 2    following:

 3         (a)  For the  THE election of AND COMPENSATION
             FOR a presi-

 4    dent who shall be the executive head, a clerk, and a 
             commission

 5     or other body vested with  legislative 
                       power, and shall fix

 6     their compensation  BODY.  An election may be by a
                       partisan, non-

 7    partisan, or preferential ballot or by any other legal method of

 8    voting.

 9         (b)  For the  THE election or appointment of
             other officers

10    or administrative boards  as may be  considered
             necessary.




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 1         (c)  For the  THE levying and collection of
             village taxes.

 2         (d) That the subjects of taxation for municipal purposes

 3    shall be the same as for state, county, and school purposes under

 4    the general law.

 5         (e)  For an  AN annual appropriation of money
             for municipal

 6    purposes.

 7         (f)  For the  THE public peace and health, and
             for the

 8    safety of persons and property.

 9         (g)  For 1  ONE or more election districts;
             the time, place,

10    and means of holding elections; and the registration of

11    electors.

12         (h)  For keeping  KEEPING in the English
             language a written

13    or printed journal of  all  proceedings of the
             legislative body.

14         (i)  For the  THE publication of an ordinance
             or a synopsis

15    of an ordinance before the ordinance becomes operative.  ANY

16    CHARTER PROVISION TO THE CONTRARY NOTWITHSTANDING, A VILLAGE MAY

17    ADOPT AN ORDINANCE PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN

18    93 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH, IF THE VIO-

19    LATION SUBSTANTIALLY CORRESPONDS TO A VIOLATION OF STATE LAW THAT

20    IS A MISDEMEANOR FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS

21    93 DAYS. Whether or not provided in its charter, a village may

22    adopt a PROVISION OF ANY STATE STATUTE FOR WHICH THE MAXIMUM

23    PERIOD OF IMPRISONMENT IS 93 DAYS, THE MICHIGAN VEHICLE CODE,

24    1949 PA 300, MCL 257.1 TO 257.923, OR A plumbing code, electrical

25    code, or building code  which  THAT has been
             promulgated by this

26    state, by a department, board, or other agency of this state, or

27    by an organization or association  which  THAT is
             organized and



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 1    conducted for the purpose of developing that code, by making

 2    reference to that LAW OR code in an adopting ordinance  ,
              with-

 3    out publishing that LAW OR code in full.  The LAW OR code shall

 4    be clearly identified in the ordinance, and a statement of the

 5    purpose of the LAW OR code shall be published with the adopting

 6    ordinance.  Printed copies of the LAW OR code shall be kept in

 7    the office of the village clerk  ,  and made
             available to the

 8    public at all times.  The publication shall contain a notice

 9    stating that a complete copy of the LAW OR code is available to

10    the public at the office of the village clerk.

11         (j)  For all  THAT THE business  which
              OF the legislative

12    body  may perform to  SHALL be conducted at a
             public meeting of

13    the body held in compliance with the open meetings act,  Act

14     No. 267 of the Public Acts of 1976, as amended, being
                       sections

15     15.261 to 15.275 of the Michigan Compiled Laws 
                       1976 PA 267,

16    MCL 15.261 TO 15.275, and all records of the municipality shall

17    be available to the public under the freedom of information act,

18     Act No. 442 of the Public Acts of 1976, as amended, being
             sec-

19     tions 15.231 to 15.246 of the Michigan Compiled Laws
                        1976

20    PA 442, MCL 15.231 TO 15.246.

21         (k)  For adopting  ADOPTING, continuing,
             amending, or

22    repealing village ordinances.

23         (l)  For a  A system of accounts
              which shall conform  THAT

24    CONFORMS to a uniform system required by law.









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