Bill Text: MI HB4975 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Counties; financing; per capita distribution of law enforcement millage to local municipalities; allow. Amends sec. 11 of 1851 PA 156 (MCL 46.11).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2009-05-21 - Printed Bill Filed 05/21/2009 [HB4975 Detail]
Download: Michigan-2009-HB4975-Introduced.html
HOUSE BILL No. 4975
May 20, 2009, Introduced by Reps. Sheltrown and Meadows and referred to the Committee on Judiciary.
A bill to amend 1851 PA 156, entitled
"An act to define the powers and duties of the county boards of
commissioners of the several counties, and to confer upon them
certain local, administrative and legislative powers; and to
prescribe penalties for the violation of the provisions of this
act,"
by amending section 11 (MCL 46.11), as amended by 2003 PA 94.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11. A county board of commissioners, at a lawfully held
meeting, may do 1 or more of the following:
(a) Purchase or lease for a term not to exceed 20 years, real
estate necessary for the site of a courthouse, jail, clerk's
office, or other county building in that county.
(b) Determine the site of, remove, or designate a new site for
a county building. The exercise of the authority granted by this
subdivision is subject to any requirement of law that the building
be located at the county seat.
(c) Authorize the sale or lease of real estate belonging to
the county, and prescribe the manner in which a conveyance of the
real estate is to be executed.
(d) Erect the necessary buildings for jails, clerks' offices,
and other county buildings, and prescribe the time and manner of
erecting them.
(e) Borrow or raise by tax upon the county those funds
authorized by law. The exercise of the authority granted by this
subdivision is subject to any voting requirement provided by the
law authorizing the borrowing or tax if different from the voting
requirement under section 3.
(f) Provide for the repayment of a loan made by the board, by
tax upon the county. The loan shall be repaid within 15 years after
the date of the loan, except that a loan to erect a county building
for a public function shall be repaid within 30 years after the
date of the loan.
(g) Prescribe and fix the salaries and compensation of
employees of the county if not fixed by law and, except in a county
having a board of county auditors, adjust claims against the
county. The sum allowed in the adjustment of a claim is subject to
appeal as provided by law.
(h) Direct and provide for the raising of money necessary to
defray the current expenses and charges of the county and the
necessary charges incident to or arising from the execution of the
board's lawful authority, subject to the limitations prescribed in
this act. The county board of commissioners may borrow in a year,
in anticipation of the levy or collection of taxes for the year, a
sum of money, not exceeding 50% of the tax to be levied or
collected for the general fund of the county, necessary to defray
current expenses of the county. The money borrowed shall be repaid
from the tax when levied and collected.
(i) Authorize the making of a new tax roll.
(j) By majority vote of the members of the county board of
commissioners elected and serving, pass ordinances that relate to
county affairs and do not contravene the general laws of this state
or interfere with the local affairs of a township, city, or village
within the limits of the county, and pursuant to section 10b
provide suitable sanctions for the violation of those ordinances.
The board may change the limits of a city, village, or school
district within the county as provided by law. If there is not a
general law governing the subject, or if a change cannot be made
pursuant to a general law, the board may change the limits of the
village upon petition of at least 10% of the resident taxpayers. An
ordinance or act of incorporation provided in this subdivision
shall take effect when notice of the adoption is published in a
newspaper of general circulation in the county. The clerk of the
county board of commissioners shall engross each ordinance or act,
and it shall be signed by the chairperson of the county board of
commissioners and certified by the clerk of the county board of
commissioners. If, within 50 days after the county board of
commissioners adopts an ordinance or act, a petition signed by not
less than 20% of the electors residing in the district to be
affected by the ordinance or act is filed with the county clerk
asking that the ordinance or act be submitted to electors of the
district to be affected by the ordinance or act for approval or
rejection, then the ordinance or act shall not take effect until it
is approved by a majority of the electors of the district affected
voting on that issue at a regular or special election called for
that purpose. The county board of commissioners shall provide the
manner of submitting the ordinance or act to the electors for their
approval and of determining the result of the election.
(k) Require a county officer whose salary or compensation is
paid by the county to make a report under oath to the county board
of commissioners on any subject connected with the duties of that
office and require the officer to give a bond reasonable or
necessary for the faithful performance of the duties of the office.
An officer who neglects or refuses either to make a report or give
a bond within a reasonable time after being required to do so may
be removed from office by the board by a vote of 2/3 of the members
elected or appointed, and the office declared vacant. The board may
fill the vacancy for the unexpired portion of the term for which
the officer was elected or appointed. If an election occurs before
the expiration of the unexpired term, and if the office is
elective, the vacancy shall be filled at that election. The board
shall give reasonable notice of the election to fill the vacancy.
(l) Represent the county and have the care and management of
the property and business of the county if other provisions are not
made.
(m) Establish rules and regulations in reference to the
management of the interest and business concerns of the county as
the board considers necessary and proper in all matters not
especially provided for in this act or under the laws of this
state. The county board of commissioners shall not audit or allow a
claim, including a bill or charge, against the county unless the
claim has been filed with the county clerk of the county before the
fourth day of a regular meeting of the board, or before the second
day of an adjourned or other meeting, the claim is contracted by
the board during the session of the board or the claim is for
mileage and per diem of the members of the board. The county clerk
shall keep a book of all claims in the order in which the claims
are presented, giving the name of each claimant and the amount and
date of presentation of each claim. The book, after the time
prescribed for the presentation of claims, shall be delivered to
the chairperson for the use of the board. At the October session,
the board, by a vote of 2/3 of the members, may receive and allow
accounts that have wholly accrued during the session.
(n) Subject to subdivision (o), remove an officer or agent
appointed by the board if, in the board's opinion, the officer or
agent is incompetent to execute properly the duties of the office
or if, on charges and evidence, the board is satisfied that the
officer or agent is guilty of official misconduct, or habitual or
willful neglect of duty, and if the misconduct or neglect is a
sufficient cause for removal. However, an officer or agent shall
not be removed for that misconduct or neglect unless charges of
misconduct or neglect are preferred to the county board of
commissioners or the chairperson of the county board of
commissioners, notice of the hearing, with a copy of the charges,
is delivered to the officer or agent, and a full opportunity is
given the officer or agent to be heard, either in person or by
counsel.
(o) If the county has an appointed county manager or other
appointed chief administrative officer or a county controller, the
county board of commissioners may enter into an employment contract
with that officer. The term of the employment contract may extend
beyond the terms of the members of the county board of
commissioners. The term of the employment contract shall be 3 years
or less, unless the employment contract is entered into on or after
August 1 of an even-numbered year, in which case the term of the
employment contract shall be 1 year or less. However, in a county
organized under 1966 PA 293, MCL 45.501 to 45.521, with an
appointed chief administrative officer, an employment contract with
the appointed chief administrative officer shall be for the term
provided by section 11a of 1966 PA 293, MCL 45.511a. An employment
contract under this subdivision shall be in writing and shall
specify the compensation to be paid to the officer, any procedure
for changing the compensation, any fringe benefits, and any other
conditions of employment. If the officer serves at the pleasure of
the county board of commissioners, the contract shall so state and
may provide for severance pay or other benefits in the event the
employment of the officer is terminated at the pleasure of the
county board of commissioners.
(p) Establish rules consistent with the open meetings act,
1976 PA 267, MCL 15.261 to 15.275, for the manner of proceeding
before the board.
(q) Acquire by exchange land needed for county purposes,
including the purchase of land to be used in exchange for other
land of approximate equal value owned by the federal government and
needed for county purposes.
(r) Grant or loan funds to a nonprofit corporation organized
for the purpose of providing loans for private sector economic
development initiatives. A grant or loan under this subdivision
shall not be derived from ad valorem taxes except for ad valorem
taxes approved by a vote of the people for economic development.
The county shall establish an application process for proposals to
receive a grant or loan under this subdivision. The awarding of a
grant or loan under this subdivision shall be made at a public
hearing of the county board of commissioners. The grant or loan
contract shall require a report to the county board of
commissioners regarding the activities of the recipient and the
degree to which the recipient has met the stated public purpose of
the funding.
(s) By proper resolution submit to the electorate of the
county at any general or special election the question of a tax for
law enforcement purposes. The county board of commissioners may
elect to have the revenues derived from the tax levy authorized by
this subdivision allocated and distributed by the county treasurer
to each city and village within the county in the proportion that
the population of each city or village bears to the total
population of the county. The revenues allocated to the cities and
villages under this subdivision shall be expended exclusively for
law enforcement purposes.
