Bill Text: MI SB0323 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Counties; boards and commissions; transfer of functions of a county road commission to the county board of commissioners; eliminate sunset. Amends sec. 11 of 1851 PA 156 (MCL 46.11). TIE BAR WITH: SB 0322'15
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2015-05-12 - Referred To Committee On Transportation [SB0323 Detail]
Download: Michigan-2015-SB0323-Introduced.html
SENATE BILL No. 323
May 12, 2015, Introduced by Senators ZORN, JONES, NOFS and BRANDENBURG and referred to the Committee on Transportation.
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 2012 PA 15.
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 takes 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 presented
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)
Before January 1, 2015, by By
majority vote of the members
of the county board of commissioners elected and serving in a
county with an appointed board of county road commissioners, pass a
resolution that transfers the powers, duties, and functions that
are otherwise provided by law for the appointed board of county
road commissioners of that county to the county board of
commissioners. The resolution is subject to the requirement in
section 6(9) of chapter IV of 1909 PA 283, MCL 224.6. The appointed
board of county road commissioners of that county is dissolved on
the date specified in the resolution adopted under this
subdivision, and the county board of commissioners is authorized to
receive and expend funds as allowed under 1951 PA 51, MCL 247.651
to 247.675. If the powers, duties, and functions of the board of
county road commissioners of a county are transferred to the county
board of commissioners of that county under this subdivision and
the powers and duties of the office of county drain commissioner of
that county had previously been transferred to the board of county
road commissioners as provided in section 21(3) of the drain code
of 1956, 1956 PA 40, MCL 280.21, then the county board of
commissioners of that county shall reestablish, by resolution, the
office of county drain commissioner as an elected office. The
resolution reestablishing the office of county drain commissioner
shall provide for the appointment of an acting county drain
commissioner for that county who shall hold office until the next
general election at which a county drain commissioner will be
elected as provided in chapter X of the Michigan election law, 1954
PA 116, MCL 168.191 to 168.211.
(t)
Before January 1, 2015, by By
majority vote of the members
of the county board of commissioners elected and serving in a
county with an elected board of county road commissioners, pass a
resolution to submit to the qualified and registered electors of
the county at the next regular election to be held in the county
the question of transferring the powers, duties, and functions of
the elected board of county road commissioners of that county to
the county board of commissioners. The resolution is subject to the
requirement in section 6(9) of chapter IV of 1909 PA 283, MCL
224.6. If a majority of the qualified and registered electors of
the county voting on the question vote in favor of transferring the
powers, duties, and functions of the elected board of county road
commissioners of that county to the county board of commissioners,
the elected board of county road commissioners of that county is
dissolved and the county board of commissioners is authorized to
receive and expend funds as allowed under 1951 PA 51, MCL 247.651
to 247.675. If the powers, duties, and functions of the board of
county road commissioners of a county are transferred to the county
board of commissioners of that county under this subdivision and
the powers and duties of the office of county drain commissioner of
that county had previously been transferred to the board of county
road commissioners as provided in section 21(3) of the drain code
of 1956, 1956 PA 40, MCL 280.21, then the county board of
commissioners of that county shall reestablish, by resolution, the
office of county drain commissioner as an elected office. The
resolution reestablishing the office of county drain commissioner
shall provide for the appointment of an acting county drain
commissioner for that county who shall hold office until the next
general election at which a county drain commissioner will be
elected as provided in chapter X of the Michigan election law, 1954
PA 116, MCL 168.191 to 168.211.
(u) If, after a board of county road commissioners is
dissolved as provided in subdivision (s) or (t), the county board
of commissioners for a county determines that a board of county
road commissioners would provide a cost savings to the county
residents and would better meet the needs of the county residents,
the county board of commissioners for that county may, upon
majority vote of the members of the county board of commissioners,
submit the question of adopting a county road system with a board
of county road commissioners to a vote of the electors of the
county as provided in chapter IV of 1909 PA 283, MCL 224.1 to
224.32.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 322
of the 98th Legislature is enacted into law.
