HB-5957, As Passed Senate, December 13, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5957

     A bill to amend 1909 PA 278, entitled

"The home rule village act,"

by amending section 24 (MCL 78.24), as amended by 2012 PA 11.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 24. A village may provide in its charter for 1 or more of

the following:

     (a) The Except as otherwise provided in this subdivision, the

regulation of a trade, occupation, or amusement within the

village's boundaries, including the sale of intoxicating liquor and

the number of licenses to be issued for the sale of intoxicating

liquor. A charter shall must not permit the sale of liquor in a

county in which the sale is prohibited by operation of the general

local option law of this state, but may suppress saloons for the

sale of intoxicating liquor. This subdivision is subject to the

local government occupational licensing act.

     (b) The punishment of a person who violates an ordinance of

the village other than an ordinance described in section 25a. The

penalty for a violation of such an ordinance shall must not exceed

a fine of $500.00 or imprisonment for 90 days, or both. However,

unless otherwise provided by law, the ordinance may provide that a

violation of the ordinance is punishable by imprisonment for not

more than 93 days or a fine of not more than $500.00, or both, if

the violation substantially corresponds to a violation of state law

that is a misdemeanor for which the maximum period of imprisonment

is 93 days. In addition, a village may adopt section 625(1)(c) of

the Michigan vehicle code, 1949 PA 300, MCL 257.625, by reference

in an adopting ordinance and shall provide that a violation of that

ordinance is a misdemeanor punishable by 1 or more of the

following:

     (i) Community service for not more than 360 hours.

     (ii) Imprisonment for not more than 180 days.

     (iii) A fine of not less than $200.00 or more than $700.00.

     (c) The establishment of a department considered necessary for

the general welfare of the village and for the separate

incorporation of the village. This subdivision does not apply to a

public school.

     (d) The use and enjoyment of the surface of a street of the

village and the space above and beneath the street.

     (e) The assessment and reassessment of the cost, or a portion

of the cost, of a public improvement to a special district. The

payment of a future installment of a special assessment against a

parcel of land may be made at any time in full, with interest

accrued to the due date of the next installment.

     (f) The purchase of private property for a public use or

purpose within the scope of the powers of the village.

     (g) The sale and delivery of water outside the corporate

limits of the village in an amount determined by the legislative

body of the village.

     (h) The purchase of land outside the corporate limits of the

village if necessary for the disposal of sewage and garbage or for

a purpose authorized by the state constitution of 1963 or the law

of this state.

     (i) The use, upon the payment of reasonable compensation by

persons other than the owner, of property located in a street,

alley, or public place if the property is used in the operation of

a public utility.

     (j) A plan of streets and alleys within the village's limits.

     (k) The use, control, and regulation of a stream, water, or

watercourse within the village's boundaries, but not so as to

conflict with a law, or action under a law, by which a navigable

stream is bridged or dammed.

     (l) The enforcement of each police, sanitary, or other

ordinance that is not in conflict with the law of this state.

     (m) The exercise of each municipal power in the management and

control of village property and the administration of the village

government, whether the power is expressly enumerated in this act

or not; an act to advance the interest of the village, and the good

government and prosperity of the village and its inhabitants; and

the making of ordinances that are necessary and proper for carrying

into execution the powers conferred by this act, and other powers

vested by the state constitution of 1963 in villages, except if

forbidden by or if the subject is covered exclusively by the law of

this state.

     (n) The sale and delivery of heat, power, and light outside

the village's corporate limits in an amount determined by the

legislative body of the village, except that a sale at other than

wholesale shall be is limited to the area of a city, village, or

township that is contiguous to the village as of June 23, 1974, and

to the area of any other city, village, or township being served as

of June 23, 1974. However, a village shall not sell heat, power, or

light to a customer outside the village's corporate limits already

receiving the service from another utility unless the serving

utility consents in writing. For purposes of this subdivision,

"wholesale" means the sale or exchange of heat, power, or light

between public utility systems, whether municipally, cooperatively,

or privately owned.

     Enacting section 1. This amendatory act is retroactive and

takes effect January 1, 2018.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5955 of the 99th Legislature is enacted into

law.