HB-4920, As Passed House, October 11, 2011

HOUSE BILL No. 4920

September 8, 2011, Introduced by Reps. Scott and Byrum and referred to the Committee on Judiciary.

A bill to amend 1909 PA 279, entitled

"The home rule city act,"

by amending sections 3 and 4i (MCL 117.3 and 117.4i), section 3 as

amended by 2004 PA 541 and section 4i as amended by 1999 PA 55.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3. Each city charter shall provide for all of the

following:

(a) The election of a mayor, who shall be the chief executive

officer of the city, and of a body vested with legislative power,

and for the election or appointment of a clerk, a treasurer, an

assessor or board of assessors, a board of review, and other

officers considered necessary. The city charter may provide for the

selection of the mayor by the legislative body. Elections may be by

a partisan, nonpartisan, or preferential ballot, or by any other

legal method of voting. Notwithstanding another law or charter

provision to the contrary, a city having a 1970 official population

of more than 150,000, whose charter provides for terms of office of

less than 4 years, and in which the term of office for the mayor

and the governing body are of the same length, may provide by

ordinance for a term of office of up to 4 years for mayor and other

elected city officials. The ordinance shall provide that the

ordinance shall take effect 60 days after it is enacted unless

within the 60 days a petition is submitted to the city clerk signed

by not less than 10% of the registered electors of the city

requesting that the question of approval of the ordinance be

submitted to the electors at the next regular election or a special

election called for the purpose of approving or disapproving the

ordinance.

(b) The nomination of elective officers by partisan or

nonpartisan primary, by petition, or by convention.

registration of electors, subject to section 26 and other

applicable requirements of law.

(d) The qualifications, duties, and compensation of the city's

officers. If the city has an appointed chief administrative

officer, the legislative body of the city may enter into an

employment contract with the chief administrative officer extending

beyond the terms of the members of the legislative body unless the

employment contract is prohibited by the city charter. An

employment contract with a chief administrative officer shall be in

writing and shall specify the compensation to be paid to the chief

administrative officer, any procedure for changing the

compensation, any fringe benefits, and other conditions of

employment. The contract shall state if the chief administrative

officer serves at the pleasure of the legislative body, and the

contract may provide for severance pay or other benefits in the

event the chief administrative officer's employment is terminated

at the pleasure of the legislative body.

(e) The establishment of 1 or more wards, and if the members

of the city's legislative body are chosen by wards, for equal

representation for each ward in the legislative body.

(f) That the subjects of taxation for municipal purposes are

the same as for state, county, and school purposes under the

general law.

(g) The annual laying and collecting taxes in a sum, except as

otherwise provided by law, not to exceed 2% of the taxable value of

the real and personal property in the city. Unless the charter

provides for a different tax rate limitation, the governing body of

a city may levy and collect taxes for municipal purposes in a sum

not to exceed 1% of the taxable value of the real and personal

property in the city. As used in this subdivision, "taxable value"

is that value determined under section 27a of the general property

tax act, 1893 PA 206, MCL 211.27a.

(h) An annual appropriation of money for municipal purposes.

(i) The levy, collection, and return of state, county, and

school taxes in conformance with the general laws of this state,

except that the preparation of the assessment roll, the meeting of

the board of review, and the confirmation of the assessment roll

may be at the times provided in the city charter.

(j) The public peace and health and for the safety of persons

and property. In providing for the public peace, health, and

safety, a city may expend funds or enter into contracts with a

private organization, the federal or state government, a county,

village, or township, or another city for services considered

necessary by the legislative body. Public peace, health, and safety

services may include the operation of child guidance and community

mental health clinics, the prevention, counseling, and treatment of

developmental disabilities, the prevention of drug abuse, and the

counseling and treatment of drug abusers.

(k) Adopting, continuing, amending, and repealing the city

ordinances and for the publication of each ordinance before it

becomes operative. Whether or not provided in its charter, instead

of publishing a true copy of an ordinance before it becomes

operative, the city may publish a summary of the ordinance. If the

city publishes a summary of the ordinance, the city shall include

in the publication the designation of a location in the city where

a true copy of the ordinance can be inspected or obtained. A

charter provision to the contrary notwithstanding, a city may adopt

an ordinance 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. Whether or not provided in its charter, a city may adopt a

provision of a state statute for which the maximum period of

imprisonment is 93 days or the Michigan vehicle code, 1949 PA 300,

MCL 257.1 to 257.923. Except as otherwise provided under the

Stille-DeRossett-Hale single state construction code act, 1972 PA

230, MCL 125.1501 to 125.1531, a city may adopt a law, code, or

rule that has been promulgated and adopted by an authorized agency

of this state pertaining to fire, fire hazards, fire prevention, or

fire waste, and a fire prevention code, plumbing code, heating

code, electrical code, building code, refrigeration machinery code,

piping code, boiler code, boiler operation code, elevator machinery

code, an international property maintenance code, or a code

pertaining to flammable liquids and gases or hazardous chemicals,

that has been promulgated or adopted by this state, by a

department, board, or other agency of this state, or by an

organization or association that is organized and conducted for the

purpose of developing the code, by reference to the law, code, or

rule in an adopting ordinance and without publishing the law, code,

or rule in full. The law, code, or rule shall be clearly identified

in the ordinance and its purpose shall be published with the

adopting ordinance. Printed copies of the law, code, or rule shall

be kept in the office of the city clerk, available for inspection

by, and distribution to, the public at all times. The publication

shall contain a notice stating that a complete copy of the law,

code, or rule is made available to the public at the office of the

city clerk in compliance with state law requiring that records of

public bodies be made available to the general public. A Except as

otherwise provided in this subdivision, a city shall not enforce a

provision adopted by reference for which the maximum period of

imprisonment is greater than 93 days. A city 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 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.

(l) That the business of the legislative body shall be

conducted at a public meeting held in compliance with the open

meetings act, 1976 PA 267, MCL 15.261 to 15.275. All records of the

municipality shall be made available to the general public in

compliance with the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(m) Keeping in the English language a written or printed

journal of each session of the legislative body.

(n) A system of accounts that conforms to a uniform system of

accounts as required by law.

Sec. 4i. Each city may provide in its charter for 1 or more of

the following:

(a) Laying and collecting rents, tolls, and excises.

(b) Regulating and restricting the locations of oil and

gasoline stations.

use of land and structures, the height, area, size, and location of

buildings, the required open spaces for light and ventilation of

buildings, and the density of population may be regulated by

ordinance. The zoning ordinance provisions applicable to 1 or more

districts may differ from those applicable to other districts. If a

city is incorporated, or if territory is annexed to a city

incorporated under this act, the zoning ordinance provisions

applicable to the territory within the newly incorporated city or

the annexed territory shall remain in effect for 2 years after the

incorporation or annexation unless the legislative body of the city

lawfully adopts other zoning ordinance provisions.

(d) The regulation of trades, occupations, and amusements

within city boundaries, if the regulations are not inconsistent

with state or federal law, and the prohibition of trades,

occupations, and amusements that are detrimental to the health,

morals, or welfare of the inhabitants of that city.

(e) The regulation or prohibition of public nudity within city

boundaries. As used in this subdivision, "public nudity" means

knowingly or intentionally displaying in a public place, or for

payment or promise of payment by any person including, but not

limited to, payment or promise of payment of an admission fee, any

individual's genitals or anus with less than a fully opaque

covering or a female individual's breast with less than a fully

opaque covering of the nipple and areola. Public nudity does not

include any of the following:

(i) A woman's breastfeeding of a baby whether or not the nipple

or areola is exposed during or incidental to the feeding.

(ii) Material as defined in section 2 of 1984 PA 343, MCL

752.362.

(iii) Sexually explicit visual material as defined in section 3

of 1978 PA 33, MCL 722.673.

(f) Licensing, regulating, restricting, and limiting the

number and locations of billboards within the city.

(g) The initiative and referendum on all matters within the

scope of the powers of that city and the recall of city officials.

(h) A system of civil service for city employees, including

employees of that city's board of health, and employees of any jail

operated or maintained by the city. Charter provisions providing

for a system of civil service for employees of a local health board

are valid and effective.

(i) A system of compensation for city employees and the

dependents of city employees in the case of disability, injury, or

death of city employees.

(j) The enforcement of police, sanitary, and other ordinances

that are not in conflict with the general laws.

(k) The punishment of persons who violate city ordinances

other than ordinances described in section 4l. The penalty for a

violation of such a city ordinance shall 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 city 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