Senate Introduced Bill 1180
























SENATE BILL NO. 1180


   June 3, 1998, Introduced by Senator STILLE and referred to the
        Committee on Local, Urban and State Affairs.



        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 a president who
             shall be the

 4    executive head, a clerk, and a  commission or other body
             vested

 5     with  legislative  power  BODY,
                       and shall fix their

 6    compensation.  An election may be by a partisan, nonpartisan, or

 7    preferential ballot or by any other legal method of voting.

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

 9    or administrative boards as  may be  considered
             necessary.

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




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

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

 3    the general law.

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

 5    purposes.

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

 7    safety of persons and property.

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

 9    and means of holding elections; and the registration of

10    electors.

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

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

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

14    of an ordinance before the ordinance becomes operative.  IF THE

15    VILLAGE PUBLISHES A SYNOPSIS OF THE ORDINANCE, THE PUBLICATION

16    SHALL INCLUDE THE LOCATION IN THE VILLAGE WHERE A COPY OF THE

17    ORDINANCE CAN BE INSPECTED OR OBTAINED. Whether or not provided

18    in its charter, a village may adopt a  plumbing code,
             electrical

19     code, or building code which has been promulgated by this
                       state,

20     by a department, board, or other agency of this state, or by
                       an

21     organization or association which is organized and conducted
                       for

22     the purpose of developing that code  STATUTE OR
                       RULE OF THIS

23    STATE, INCLUDING BUT NOT LIMITED TO A STATUTE OR RULE ADOPTING BY

24    REFERENCE A CODE PROMULGATED BY ANOTHER PUBLIC OR PRIVATE ENTITY

25    OR A STATUTE OR RULE CONSTITUTING THE TEXT OF A CODE, OR MAY

26    ADOPT A CODE PROMULGATED BY ANOTHER PUBLIC ENTITY OR A PRIVATE

27    ENTITY, by  making  reference  to that code
              in an adopting



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 1    ordinance  ,  AND without publishing  that
              THE STATUTE, RULE, OR

 2    code in full.  IF AN ORDINANCE ADOPTS BY REFERENCE A STATUTE OR

 3    RULE OF THIS STATE, THE ORDINANCE MAY INCORPORATE FUTURE AMEND-

 4    MENTS OR REVISIONS OF THE STATUTE OR RULE BY EXPLICITLY PROVIDING

 5    THAT FUTURE AMENDMENTS OR REVISIONS ARE INCORPORATED BY REFERENCE

 6    WHEN, OR A SPECIFIED PERIOD OF TIME AFTER, THEY TAKE EFFECT IN

 7    THIS STATE. The STATUTE, RULE, OR code shall be clearly identi-

 8    fied in the ordinance and a statement of the purpose of the

 9    STATUTE, RULE, OR code shall be published with the adopting ordi-

10    nance OR WITH THE SYNOPSIS OF THE ADOPTING ORDINANCE.  Printed

11    copies of the STATUTE, RULE, OR code ADOPTED BY THE VILLAGE BY

12    REFERENCE shall be kept in the office of the village clerk, 
             and

13     made  available to the public.  at all
                       times.  IF A STATUTE OR

14    RULE OF THIS STATE IS ADOPTED BY THE CITY BY REFERENCE AND THE

15    STATUTE OR RULE ADOPTS BY REFERENCE A CODE PROMULGATED BY ANOTHER

16    PUBLIC ENTITY OR A PRIVATE ENTITY, COPIES OF THE CODE ITSELF

17    SHALL ALSO BE KEPT IN THE OFFICE OF THE CITY CLERK, AVAILABLE FOR

18    INSPECTION BY AND DISTRIBUTION TO THE PUBLIC. The NEWSPAPER pub-

19    lication OF THE ORDINANCE shall contain a notice  stating
              that a

20    complete copy of the STATUTE, RULE, OR code is available to the

21    public at the office of the village clerk.

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

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

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

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

26     15.261 to 15.275 of the Michigan Compiled Laws 
                       1976 PA 267, MCL

27    15.261 TO 15.275, and all records of the municipality shall be



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 1    available to the public under the freedom of information act,

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

 3     tions 15.231 to 15.246 of the Michigan Compiled Laws
                        1976 PA

 4    442, MCL 15.231 TO 15.246.

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

 6    repealing village ordinances.

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

 8    CONFORMS to a uniform system required by law.








































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