GENERAL LAW VILLAGES - H.B. 5438 (S-1): FLOOR ANALYSIS

House Bill 5438 (Substitute S-1 as reported by the Committee of the Whole)

Sponsor: Representative George Mans

House Committee: Local Government

Senate Committee: Local, Urban and State Affairs


CONTENT


The bill would amend the General Law Village Act to do the following:


-- Permit a village council to approve by a two-thirds vote an ordinance to reduce the size of its membership from seven to five, or an ordinance providing for the appointment of a village clerk and/or treasurer.

-- Require an election on the council reduction and appointment of a clerk and/or treasurer if a petition were filed by at least 10% of the village electors.

-- Require village elections to be partisan, unless a council, by two-thirds of its members, approved an ordinance that provided for nonpartisan elections; and require an election on the ordinance if a petition were filed by at least 10% of the village electors.

-- Require a majority vote, instead of the current two-thirds vote, of a council to take certain actions, such as creating or abolishing an office, purchasing or leasing real estate, and ordering a public improvement.

-- Require a two-thirds vote of the council to increase a tax or impose a special assessment.

-- Permit a council to enter into an employment contract with a village manager that extended beyond the terms of the council members, but did not exceed six years.

-- Increase from 60 to 120 days the period during which a person who is injured on a public street or sidewalk in a village must notify a village of his or her intent to hold the village liable for the injury.

-- Permit, instead of require, a council in a village that owned a cemetery to appoint a board of cemetery trustees, and permit a department of public works or a village manager to exercise the powers of a cemetery board.


The bill also would repeal a number of provisions of the current Act, many of which would be replaced by the bill's provisions. The bill is tie-barred to House Bill 5437.


MCL 61.1 et al. - Legislative Analyst: L. Arasim


FISCAL IMPACT


The bill would have no fiscal impact on State or local government.


Date Completed: 6-5-98 - Fiscal Analyst: R. RossFLOOR\HB5438 - 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.