LOCAL UNITS: 93-DAY MISDEMEANORS - H.B. 5016 (S-1): FLOOR ANALYSIS
House Bill 5016 (Substitute S-1 as reported)
Sponsor: Representative Michael Bishop
House Committee: Local Government and Urban Policy
Senate Committee: Judiciary
CONTENT
The bill 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. The bill would prohibit local units from enforcing any provision adopted by reference for which the maximum period of imprisonment is greater than 93 days.
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 117.3 - Legislative Analyst: P. Affholter
FISCAL IMPACT
Local units that adopted provisions of State laws, as specified in the bill, would minimally reduce costs associated with publishing the local ordinance. The bill would have no fiscal impact on State government.
Date Completed: 12-6-99 - Fiscal Analyst: R. Ross
floor\hb5016 - Analysis available @ http://www.michiganlegislature.org
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.