The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5379 October 24, 1978 TOWNSHIPS: Adoption of state statute by reference A charter township may adopt a state statute by reference. If a general law township wishes to adopt a state statute, it must publish it in full although it may adopt by reference the uniform traffic code promulgated pursuant to 1956 PA 62. Honorable William L. Jowett State Representative The Capitol Lansing, Michigan 48909 You have advised that a township board within your district has adopted by reference without full publication the Michigan Vehicle Code, 1949 PA 300, as amended; MCLA 257.1 et seq; MSA 9.1801 et seq and you have requested my opinion on the following question: Is a township ordinance that purports to adopt the state motor vehicle code by reference valid? It may first be noted that 1956 PA 62; MCLA 257.951 et seq; MSA 9.2651 et seq, authorizes any city, township or village to adopt by reference the uniform traffic code promulgated by the director of state police pursuant to that act. This code was adopted as R 28.1001 et seq; 1957 AACS p 308 ff. This authorization, however, does not apply to the adoption of the Motor Vehicle Code. Therefore, because the legislature has given charter townships additional powers with regard to adoption of state laws by reference, the answer to your question hinges on whether the township to which you refer is a charter township or a general law township. Section 23 of the act authorizing incorporation of charter townships, 1947 PA 359; MCLA 42.23; MSA 5.46(23), states: 'The township board may adopt any provision of state law or any detailed technical regulations as a township ordinance or code by citation of such provision of state law or by reference to any recognized standard code, official or unofficial: Provided, That any such provision of state law or recognized official or unofficial standard code shall be clearly identified in the ordinance adopting the same as an ordinance of the township. Where any recognized official or unofficial standard code is so adopted, it may be published by providing to the public not less than 50 copies in book or booklet form, available for public distribution at a reasonable charge, and any amendment to or revision of such adopted code or detailed technical ordinance may be published in the same manner.' The authority to adopt state statutes by reference that the legislature has given to charter townships by 1947 PA 359, Sec. 23, supra, was not given to general law townships. 1939 PA 131, Sec. 1; MCLA 41.191; MSA 5.6(1) states: 'Where it shall be lawful for a township to pass an ordinance, the ordinance shall contain a provision stating when the ordinance shall take effect. If an ordinance shall impose a penalty for the violation of any provision thereof, the ordinance shall not take effect until 30 days shall have elapsed after the first publication of the ordinance. 'Publication of the ordinance shall be made by causing a true copy thereof to be inserted once in some newspaper circulating within the township, which insertion shall be made within 30 days after the passage of the ordinance. 'The penalty imposed shall not exceed that imposed by the general law for misdemeanors. 'An ordinance not imposing a penalty for the violation thereof shall take effect immediately after the date of the publication thereof.' It is therefore my opinion that a charter township may adopt a state statute by reference pursuant to Sec. 23 of 1947 PA 359; MCLA 42.23; MSA 5.46(23). If a general law township wishes to adopt a state law, it must publish it in full although it may adopt by reference the uniform traffic code promulgated pursuant to 1956 PA 62, supra. Frank J. Kelley Attorney General