September 18, 2014, Introduced by Rep. Shirkey and referred to the Committee on Local Government.
A bill to amend 1909 PA 279, entitled
"The home rule city act,"
(MCL 117.1 to 117.38) by adding section 5k.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5k. (1) A city shall not retain or adopt an unenforceable
ordinance.
(2) If, before the effective date of the amendatory act that
added this section, a city adopted an unenforceable ordinance, the
city shall repeal that unenforceable ordinance no later than 120
days after the effective date of the amendatory act that added this
section.
(3) Subject to subsection (2), if, after the effective date of
the amendatory act that added this section, a city retains or
adopts an unenforceable ordinance, the city shall repeal that
unenforceable ordinance no later than 45 days after the ordinance
is determined to be preempted by state law by either formal opinion
of the attorney general or final decision of a court of competent
jurisdiction.
(4) A city that violates subsection (3) is liable for a civil
fine of not more than $10,000.00, and every 30 days that the
violation continues constitutes a separate offense. A violation of
this section shall be prosecuted by the attorney general. A civil
fine imposed under this section is payable to the state and shall
be credited to the general fund.
(5) As used in this section, "unenforceable ordinance" means
an ordinance, the content of which is determined to be preempted by
state law by either of the following:
(a) Formal opinion of the attorney general.
(b) Final decision of a court of competent jurisdiction.
Enacting section 1. This amendatory act takes effect January
1, 2015.