Bill Text: MI SB0215 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Counties; boards and commissions; membership on the board of public works; modify. Amends sec. 2 of 1957 PA 185 (MCL 123.732).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-08-24 - Assigned Pa 0110'11 With Immediate Effect [SB0215 Detail]
Download: Michigan-2011-SB0215-Engrossed.html
SB-0215, As Passed House, June 28, 2011SB-0215, As Passed Senate, May 4, 2011
SENATE BILL No. 215
March 2, 2011, Introduced by Senator WALKER and referred to the Committee on Local Government and Elections.
A bill to amend 1957 PA 185, entitled
"An act to authorize the establishing of a department and board of
public works in counties; to prescribe the powers and duties of any
municipality subject to the provisions of this act; to authorize
the incurring of contract obligations and the issuance and payment
of bonds or notes; to provide for a pledge by a municipality of its
full faith and credit and the levy of taxes without limitation as
to rate or amount to the extent necessary; to validate obligations
issued; and to prescribe a procedure for special assessments and
condemnation,"
by amending section 2 (MCL 123.732), as amended by 1987 PA 214.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Except as provided by subsection (5), the county
board of commissioners, by resolution adopted by a 2/3 vote of its
elected members, may establish a department of public works for the
administration of the powers conferred upon the county by this act.
The department of public works shall be under the general control
of the county board of commissioners and under the immediate
control of a board of public works. Except as provided in this
subsection and subsection (3), the board of public works shall
consist of 5, 7, or 9 members. In a county with a population of
more than 85,000 and less than 90,000 according to the latest
federal decennial census, the board of public works may consist of
11, 13, or 15 members. The members shall be appointed or removed in
the manner prescribed in this section.
(2) The initial terms of the appointed members shall be
staggered for terms of not more than 3 years as prescribed by the
county board of commissioners. Membership on the board of public
works shall include the following:
(a) The county drain commissioner of the county in which the
department of public works is established, if any.
(b)
Four, Except as otherwise
provided in subdivision (c), 4,
6, or 8 other members appointed by the county board of
commissioners, with the exception of a person named in subdivision
(a). Members of the county board of commissioners may be appointed
as members of the board of public works. Appointments of members of
the county board of commissioners to the board of public works made
before April 12, 1984, are valid.
(c) If the board of public works consists of 11, 13, or 15
members, 10, 12, or 14 other members appointed by the county board
of commissioners, with the exception of a person named in
subdivision (a). Members of the county board of commissioners may
be appointed as members of the board of public works. In addition,
the township supervisor of a township within the county or the
township supervisor of a township that receives service by the
department of public works may be appointed as a member of the
board of public works. A township supervisor appointed as a member
of the board of public works shall not be deemed to hold 2 or more
incompatible offices at the same time.
(d) (c)
If a county does not have a drain
commissioner, then
the county board of commissioners shall appoint an additional
member subject to the same appointment procedures provided in
subdivisions
(b), (c), and (d) (e).
(e) (d)
If a county department of public
works serves another
county, or a portion of another county, each of the 4, 6, or 8
members, or 10, 12, or 14 members as provided in subdivision (c),
shall be a resident of the geographic area served by the department
of public works. If an area within a county does not utilize or is
not otherwise serviced by the department of public works, a member
of the board of public works shall not be a resident of the area
not served. If a city, village, or township or a portion of a city,
village, or township is located in another county, the chief
elected official of the city, village, or township shall serve as
an advisory board to the board of public works and shall consult
with and advise the board of public works as to rate schedules,
proposed expansion of services, and capital improvements.
(3) Except as provided by subsection (5), the county board of
commissioners, by resolution adopted by a 2/3 vote of all its
members, may designate as the board of public works or remove as
the board of public works 1 of the following, and after the
adoption of the resolution the person or body designated shall be
the board of public works for that county with all the authority,
powers, and duties conferred by law upon the board of public works:
(a) The board of county road commissioners.
(b) The drain commissioner.
(c) The public works commissioner designated or elected and
holding office pursuant to section 21 of the drain code of 1956,
Act
No. 40 of the Public Acts of 1956, as amended, being section
280.21
of the Michigan Compiled Laws 1956
PA 40, MCL 280.21.
(4) The board of public works shall be considered an agency of
the county. The county board of commissioners shall make rules in
respect to the department of public works which it considers
advisable and as permitted by law. The members of the board of
public works shall not be full-time officers of the county. The
duties of the county drain commissioner, any county road
commissioner, or any member of the county board of commissioners
who serves on the board of public works are declared to be
additional and separate duties not compensated for by the
established salary or per diem of the commissioner. The
compensation of members shall be fixed by the county board of
commissioners.
(5)
In any county organized under Act No. 293 of the Public
Acts
of 1966, being sections 45.501 to 45.521 of the Michigan
Compiled
Laws 1966 PA 293, MCL 45.501
to 45.521, a department of
public works that is or was formed under this act and existing on
the date the county charter is or was adopted and that has not been
discontinued or terminated, or had its duties transferred by
charter, and a department of public works established by charter
shall be considered established pursuant to this act with all
authority, powers, and duties conferred by this act upon a
department of public works and be under the control of and
administered by the county executive or chief county administrative
officer who shall have all the authority, powers, and duties
conferred by this act upon the board of public works. The
provisions of this act granting to a county board of commissioners
authority over such a department of public works shall be subject
to any county charter. All provisions of this act concerning
actions by a board of public works shall require appropriate action
only by the county executive or chief county administrative officer
when this subsection applies. An action of the county executive or
chief county administrative officer in regard to rate schedule
changes, expansion or reduction of services, or proposed capital
expenditures is not effective unless and until approved by a
majority vote of the members of the county board of commissioners
elected and serving. After submission by the county executive or
chief county administrative officer, if the county board of
commissioners fails to approve or reject within 45 days after the
next regularly scheduled meeting of the county board of
commissioners, the proposals are effective.
