TWP AUTHORITY TO ADOPT STATE LAW - S.B. 703 & 704: COMMITTEE SUMMARY
Senate Bills 703 and 704 (as introduced 9-21-99)
Sponsor: Senator Bill Bullard, Jr.
Committee: Local, Urban and State Affairs
Date Completed: 9-28-99
CONTENT
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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 703
The bill provides that if an ordinance adopted by reference 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, 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 adopted by the township by reference would have to be kept in the office of the township clerk, available for inspection by and distribution to the public. If a State statute or rule were adopted by the township by reference and the statute or rule adopted by reference a code promulgated by another public or private entity, copies of the code itself also would have to be kept in the office of the township clerk, available for inspection by and distribution to the public. In the publication, the township would have to designate a location in the township where a copy of the statute, rule, or code could be inspected or obtained. If an ordinance adopted by reference a State statute or rule and the statute or rule adopted by reference a code promulgated by another public entity, the township also would have to designate in the publication a location in the township where a copy of the code itself could be inspected or obtained.
If the ordinance adopted by reference 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, the township clerk also would have to file a copy of the statute, rule, or code with the county clerk. If the ordinance adopted by reference a State statute or rule and it adopted by reference a code promulgated by another public or private entity, the township clerk would have to file a copy of the code itself with the county clerk.
Senate Bill 704
Currently, a charter township board may 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; any such provision of State law or recognized standard code must be clearly identified in the ordinance adopting it as an ordinance of the township. The bill would delete and replace these provisions.
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 detailed technical ordinance may be published in the same manner. The bill instead 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.
If a township adopted by reference a State statute or rule and the statute or rule adopted by reference a code promulgated by another public or private entity, copies of the code itself also would have to be kept in the office of the township clerk, available for inspection by and distribution to the public. The newspaper publication of the ordinance would have to contain a notice that a complete copy of the statute, rule, or code was available for inspection by and distribution to the public at the office of the township clerk.
MCL 41.181 et al. (S.B. 703) - Legislative Analyst: N. Nagata
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.
- Fiscal Analyst: R. RossS9900\s703sa
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.