Bill Text: MI HB6603 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Elections; local; prosecuting attorney and sheriff elected at nonpartisan elections; provide for. Amends sec. 14 of 1966 PA 293 (MCL 45.514). TIE BAR WITH: HB 6602'18
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-12-18 - Bill Electronically Reproduced 12/12/2018 [HB6603 Detail]
Download: Michigan-2017-HB6603-Introduced.html
HOUSE BILL No. 6603
Introduced by Rep. Howrylak.
A bill to amend 1966 PA 293, entitled
"An act to provide for the establishment of charter counties; to
provide for the election of charter commissioners; to prescribe
their powers and duties; to prohibit certain acts of a county board
of commissioners after the approval of the election of a charter
commission; to prescribe the mandatory and permissive provisions of
a charter; to provide for the exercise by a charter county of
certain powers whether or not authorized by its charter; and to
prescribe penalties and provide remedies,"
by amending section 14 (MCL 45.514), as amended by 2017 PA 210.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 14. (1) A county charter adopted under this act must
provide for all of the following:
(a) In a county that has a population of less than 1,500,000,
for a salaried county executive, who shall be elected at large on a
partisan basis, and for the county executive's authority, duties,
and responsibilities. In a county that has a population of
1,500,000 or more, a county charter adopted under this act must
provide for a form of executive government described and adopted
under section 11a.
(b) The election of a legislative body to be known as the
county board of commissioners, whose term of office must be
concurrent with that of state representatives, and for their
authority, duties, responsibilities, and number, which must be not
less than 5 or more than 21. The county board of commissioners
shall provide by ordinance for their compensation and may increase
or decrease their compensation. A change in compensation is not
effective during the term of office for which the legislative body
making the change was elected. The charter must also provide for
the partisan election of members of the legislative body from
single-member districts to be established by the county
apportionment commission as created in section 5 and under the
standards and guidelines established in section 5 for
reapportionment based on the last official federal decennial
census, effective at the first regular general election of the
members of the legislative body occurring not less than 12 months
after the completion and certification of the federal census. Each
city and township must be apportioned so that it has the largest
possible number of complete districts within its boundaries before
any part of the city or township is joined to territory outside the
boundaries of the city or township to form a district.
(c)
The partisan election of a sheriff, a prosecuting
attorney,
a county clerk, a county treasurer,
and a register of
deeds, and for the authority of the county board of commissioners
to combine the county clerk and register of deeds into 1 office as
authorized by law. In addition, a county charter adopted under this
act must provide for the nonpartisan election of a sheriff and a
prosecuting attorney.
(d) Except as provided in subdivision (c), the continuation of
all existing county offices, boards, commissions, and departments
whether established by law or by action of the county board of
commissioners; the performance of their respective duties by other
county offices, boards, commissions, and departments; or the
discontinuance of these county offices, boards, commissions, and
departments. Notwithstanding this subdivision in relation to
existing county offices, boards, commissions, and departments, a
county charter must insure the following:
(i) Except as otherwise provided under subsection (2), in a
county that has a population of less than 1,500,000, the charter
must not be in derogation of the powers and duties of the county
road commission in the exercise of its statutory duties concerning
the preservation of a county road system. The charter for these
counties must provide for the creation of a commission that
consists of not fewer than 3 or more than 5 members. Not less than
1 member of the commission must be a resident of a township within
the county.
(ii) Except as otherwise provided in subsection (2), in a
county that has a population of 1,500,000 or more, the charter must
provide for the continuation of a county road system within the
county. Notwithstanding any other provisions of this act, the
charter described in this subparagraph must provide that
responsibility for the determination of the expenditure of all
funds for road construction and road maintenance and for carrying
out the powers and duties pertaining to a county road system as
provided in sections 9 to 32 of chapter IV of 1909 PA 283, MCL
224.9 to 224.32, is vested in a commission that consists of not
fewer than 3 or more than 5 members. The charter must provide that
1 member of the commission is a resident of the most populous city
in the county, 1 member is a resident of a city other than the most
populous city within the county, and 1 member is a resident of a
township within the county. The charter must provide that the
commission is appointed by either the elected county executive or
the chief administrative officer. Appointment to the commission
must require advice and consent by a majority of the county board
of commissioners elected and serving not more than 60 days after
the appointment. If the county board of commissioners does not vote
on the appointment within 60 days, the appointment is final. The
charter may provide for the number of members and a fixed term of
years for the members of the commission, but the charter must
provide that the members of the commission may be removed at the
pleasure of the elected county executive or the chief
administrative officer. The charter must specify duties and
procedures to assure that administrative decisions made for road
construction are coordinated with administrative decisions made for
other programs which relate to roads. As used in this subparagraph,
"road construction" means all of the following:
(A) The building of a new road or street and the improving of
an existing road or street by correction grades, drainage
structures, width, alignment, or surface.
(B) The building of bridges or grade separations and the
repair of these structures by strengthening, widening, and the
replacement of piers and abutments.
(C) The initial signing of newly constructed roads or streets,
major resigning of projects, and the installation, replacement, or
improvement of traffic signals.
(e) Subject to section 15c, the continuation and
implementation of a system of pensions and retirement for county
officers and employees in those counties that have a system in
effect at the time of the adoption of the charter. The system
provided under the charter must recognize the accrued rights and
benefits of the officers and employees under the system then in
effect. The charter must not infringe on nor be in derogation of
those accrued rights and benefits. Subject to section 15c, the
charter must not preclude future modification of the system.
(f) The continuation and implementation of a system of civil
service in those counties having a system at the time of the
adoption of the charter. The system of civil service provided under
the charter must recognize the rights and status of persons under
the civil service system then in effect. The charter must not
infringe on nor be in derogation of those rights and that status.
The charter must not preclude future modification of the system.
Except as provided in subdivision (d), the charter must provide
that the system of civil service be coordinated among the county
offices, boards, commissions, and departments.
(g) That the general statutes and local acts of this state
regarding counties and county officers will continue in effect
except to the extent that this act permits the charter to provide
otherwise, if the charter does in fact provide otherwise.
(h) That all ordinances of the county will remain in effect
unless changed by the charter or an ordinance adopted under the
charter.
(i) The power and authority to adopt, amend, and repeal any
ordinance authorized by law or necessary to carry out any power,
function, or service authorized by this act and by the charter.
(j) The power and authority to enter into any
intergovernmental contract which is not specifically prohibited by
law.
(k) The power and authority to join, establish, or form with
any other governmental unit an intergovernmental district or
authority for the purpose of performing a public function or
service, which each is authorized to perform separately, the
performance of which is not prohibited by law.
(l) A debt limit of not to exceed 10% of the state equalized
value of the taxable property within the county.
(m) The levy and collection of taxes, the fixing of an ad
valorem property tax limitation of not to exceed 1% of the state
equalized value of the taxable property within the county, and that
the levy of taxes from within this ad valorem property tax
limitation must not exceed, unless otherwise approved by the
electors, the tax rate in mills, equal to the number of mills
allocated to the county either by a county tax allocation board or
by a separate tax limitation under the property tax limitation act,
1933 PA 62, MCL 211.201 to 211.217a, in the year immediately
preceding the year in which the county adopts a charter.
(n) Initiative and referendum on all matters within the scope
of the county's power and authority; and for the recall of all
county officials.
(o) Amendment or revision of the charter initiated either by
action of the legislative body of the county or by initiatory
process.
An amendment or revision must does
not become effective
unless the amendment or revision is submitted to the electorate of
the county and approved by a majority of those voting.
(p) That the acquisition, operation, and sale of public
utility facilities for furnishing light, heat, or power must be
subject to the same restrictions as imposed on cities and villages
by the state constitution of 1963 and applicable law.
(q) Annual preparation, review, approval, and adherence to a
balanced budget in a manner which assures coordination among the
county offices, boards, commissions, and departments, except as
provided in subdivision (d).
(r) An annual audit by an independent certified public
accountant of all county funds.
(s) That a county that incurs a budget deficit in any fiscal
year shall prepare and submit a detailed and specific 5-year plan
for short-term financial recovery and long-range financial
stability to the governor and the legislature, before adoption of
the next annual county budget, for review. The 5-year plan must
include, but not be limited to, a projection of annual revenues and
expenditures, an employee classification and pay plan, a capital
improvements budget, and equipment replacement schedules.
(2) Subsection (1)(d) does not apply to a county in which the
charter is amended to provide for an alternative method of carrying
out the powers and duties which are otherwise provided by law for a
board of county road commissioners.
(3) The county board of commissioners may by resolution
provide for staggered terms of office for the road commissioners
under subsection (1)(d) so that not more than 2 road commissioners'
terms of office expire in the same year.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No.6602 (request no.
06509'18) of the 99th Legislature is enacted into law.
