0703: FLOOR ANALYSIS - TWP AUTHORITY TO ADOPT STATE LAW

TWP AUTHORITY TO ADOPT STATE LAW - S.B. 703 & 704: FLOOR ANALYSIS

Senate Bills 703 and 704 (as reported without amendment)

Committee: Local, Urban and State Affairs

CONTENT

Senate Bill 703 would amend Public Act 246 of 1945 (which governs general law townships), and Senate Bill 704 would amend the Charter Township Act, to allow a township to adopt, by reference in an adopting ordinance, a State statute or rule, including but not limited to a statute or rule adopting by reference a code promulgated by another public or private entity, a statute or rule constituting the text of a code, or a code promulgated by another public or private entity. If an ordinance adopted by reference a State statute or rule, the ordinance could incorporate future amendments or revisions of the statute or rule by explicitly providing that future amendments or revisions would be incorporated by reference when, or a specified period of time after, they took effect in the State. The statute, rule, or code would have to be clearly identified in the ordinance.

Senate Bill 702 provides that if an ordinance adopted by reference a State statute or rule, a statement of the purpose of the statute, rule, or code would have to be published with the adopting ordinance or with the summary of the adopting ordinance under Public Act 246. Copies of the statute, rule, or code would have to be kept in the office of the township clerk, available for inspection by and distribution to the public.

Senate Bill 703 would replace provisions in the Charter Township Act that permit a township board to adopt any provision of State law or any detailed technical regulations as a township ordinance or code by citation of that provision of State law or by reference to any recognized standard code, official or unofficial. The bill also provides that a statement of the purpose of the statute, rule, or code would have to be published with the adopting ordinance or with the summary of the adopting ordinance. Copies of the statute, rule, or code in book or booklet form would have to be kept in the office of the township clerk available for public distribution at a reasonable charge or public inspection. (Currently, if any recognized standard code is adopted by citation, it may be published by provision to the public of at least 50 copies in book or booklet form, available for public distribution at a reasonable charge, and any amendment to or revision of the adopted code or technical ordinance may be published in the same manner.)

MCL 41.181 et al. (S.B. 703) - Legislative Analyst: G. Towne

42.23 (S.B. 704)

FISCAL IMPACT

General law townships would be able to reduce printing costs associated with adopting State laws. These bills would have no State fiscal impact.

Date Completed: 10-1-99 - Fiscal Analyst: R. RossFloor\sb703 - Bill Analysis @ http://www.state.mi.us/sfa

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.