HOUSE BILL No. 4503 March 13, 1997, Introduced by Reps. Brackenridge, Dobronski, Hammerstrom, Voorhees, Kukuk, Jellema, Baade and Birkholz and referred to the Committee on Local Government. 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 pre- scribe penalties for the violation of the provisions of this act," by amending sections 10b and 11 (MCL 46.10b and 46.11), section 10b as amended by 1996 PA 40 and section 11 as amended by 1996 PA 396; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 10b. (1) Except for an ordinance described in subsec- 2 tion (2) or (3), the violation of an ordinance adopted pursuant 3 to section11(m)11(K) shall be punishable by a fine of not 4 more than $500.00 or imprisonment for not more than 90 days, or 5 both. 6 (2) Consistent withAct No. 58 of the Public Acts of 1945,7being section 46.201 of the Michigan Compiled Laws1945 PA 58, 01825'97 TLG 2 1 MCL 46.201, the county board of commissioners may adopt an 2 ordinance that designates a violation of the ordinance as a civil 3 infraction and provides a civil fine for that violation. 4 (3) The county board of commissioners may adopt an ordinance 5 that designates a violation of the ordinance as a municipal civil 6 infraction and provides a civil fine for that violation. An 7 ordinance may not designate a violation as a municipal civil 8 infraction if that violation may be designated as a civil infrac- 9 tion under subsection (2). A statute may provide that a viola- 10 tion of a specific type of ordinance is a municipal civil infrac- 11 tion whether or not the ordinance designates the violation as a 12 municipal civil infraction. 13 (4) An ordinance shall not make an act or omission a munici- 14 pal civil infraction if that act or omission constitutes a crime 15 under any of the following: 16 (a) Article 7 or section 17766a of the public health code, 17Act No. 368 of the Public Acts of 1978, being sections 333.710118to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 19 PA 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 20 (b) The Michigan penal code,Act No. 328 of the Public Acts21of 1931, being sections 750.1 to 750.568 of the Michigan Compiled22Laws1931 PA 328, MCL 750.1 TO 750.568. 23 (c) The Michigan vehicle code,Act No. 300 of the Public24Acts of 1949, being sections 257.1 to 257.923 of the Michigan25Compiled Laws1949 PA 300, MCL 257.1 TO 257.923. 26 (d) The Michigan liquor control act,Act No. 8 of the27Public Acts of the Extra Session of 1933, being sections 436.1 to01825'97 3 1436.58 of the Michigan Compiled Laws1933 (EX SESS) PA 8, 2 MCL 436.1 TO 436.58. 3 (e) Part 801 (marine safety) of the natural resources and 4 environmental protection act,Act No. 451 of the Public Acts of51994, being sections 324.80101 to 324.80199 of the Michigan6Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199. 7 (f) The aeronautics code of the state of Michigan,Act8No. 327 of the Public Acts of 1945, being sections 259.1 to9259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 10 259.208. 11 (g) Part 821 (snowmobiles) ofAct No. 451 of the Public12Acts of 1994, being sections 324.82101 to 324.82159 of the13Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL 14 PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 15 (h) Part 811 (off-road recreation vehicles) ofAct No. 45116of the Public Acts of 1994, being sections 324.81101 to 324.8115017of the Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRON- 18 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 324.81150. 19 (i) Sections 351 to 365 of the railroad code of 1993,Act20No. 354 of the Public Acts of 1993, being sections 462.351 to21462.365 of the Michigan Compiled Laws1993 PA 354, MCL 462.351 22 TO 462.365. 23 (j)AnyA law of this state under which the act or omis- 24 sion is punishable by imprisonment for more than 90 days. 25 Sec. 11. A county board of commissioners, at a lawfully 26 held meeting, may do 1 or more of the following: 01825'97 4 1(a) Purchase, for the use of the county, real estate2necessary for the erection of buildings for the support of the3poor of that county and for a farm to be used in connection with4that support.5 (A)(b)Purchase or lease, for a term not to exceed 20 6 years, real estate necessary for the site of a courthouse, jail, 7 clerk's office, or other county building in that county. 8 (B)(c)Determine the site of a county building. 9 (C)(d)Authorize the sale or lease of real estate belong- 10 ing to the county, and prescribe the manner in which a conveyance 11 of the real estate is to be executed. 12 (D)(e)Remove or designate a new site for a county build- 13 ing required to be at the county seat, if the new site is not 14 outside the limits of the village or city in which the county 15 seat is situated, and remove or designate a new site for a county 16 infirmary or medical care facility. THE POWERS UNDER THIS SUBDI- 17 VISION SHALL BE EXERCISED BY AN AFFIRMATIVE VOTE OF 2/3 OF THE 18 MEMBERS ELECTED TO THE COUNTY BOARD OF COMMISSIONERS. 19 (E)(f)Erect the necessary buildings for jails, clerks' 20 offices, and other county buildings, and prescribe the time and 21 manner of erecting them. 22 (F)(g)Borrow or raise by tax upon the county those funds 23 authorized by law. 24 (G)(h)Provide for the repayment of a loan made by the 25 board, by tax upon the county. The loan shall be repaid within 26 15 years after the date of the loan, except that a loan to erect 01825'97 5 1 a county building for a public function shall be repaid within 30 2 years after the date of the loan. 3 (H)(i)Prescribe and fix the salaries and compensation of 4 employees of the county if not fixed by law and, except in a 5 county having a board of county auditors, adjust claims against 6 the county. The sum allowed in the adjustment of a claim is 7 subject to appeal as provided by law. 8 (I)(j)Direct and provide for the raising of money neces- 9 sary to defray the current expenses and charges of the county and 10 the necessary charges incident to or arising from the execution 11 of the board's lawful authority, subject to the limitations pre- 12 scribed in this act. The county board of commissioners may 13 borrow in a year, in anticipation of the levy or collection of 14 taxes for the year, a sum of money, not exceeding 50% of the tax 15 to be levied or collected for the general fund of the county, 16 necessary to defray current expenses of the county. The money 17 borrowed shall be repaid from the tax when levied and collected. 18(k) Abolish or revive the distinctions between township and19county poor.20 (J)(l)Authorize the making of a new tax roll. 21 (K)(m)By majority vote of the members of the county 22 board of commissioners elected and serving, pass ordinances that 23 relate to county affairs and do not contravene the general laws 24 of this state or interfere with the local affairs of a township, 25 city, or village within the limits of the county, and pursuant to 26 section 10b provide suitable sanctions for the violation of those 27 ordinances. The board may change the limits of a city, village, 01825'97 6 1 or school district within the county as provided by law. If 2 there is not a general law governing the subject, or if a change 3 cannot be made pursuant to a general law, the board may change 4 the limits of the village upon petition of at least 10% of the 5 resident taxpayers. An ordinance or act of incorporation pro- 6 vided in this subdivision shall take effect when notice of the 7 adoption is published in a newspaper of general circulation in 8 the county. The clerk of the county board of commissioners shall 9 engross each ordinance or act, and it shall be signed by the 10 chairperson of the county board of commissioners and certified by 11 the clerk of the county board of commissioners. If, within 50 12 days after the county board of commissioners adopts an ordinance 13 or act, a petition signed by not less than 20% of the electors 14 residing in the district to be affected by the ordinance or act 15 is filed with the county clerk asking that the ordinance or act 16 be submitted to electors of the district to be affected by the 17 ordinance or act for approval or rejection, then the ordinance or 18 act shall not take effect until it is approved by a majority of 19 the electors of the district affected voting on that issue at a 20 regular or special election called for that purpose. The county 21 board of commissioners shall provide the manner of submitting the 22 ordinance or act to the electors for their approval and of deter- 23 mining the result of the election. 24 (l)(n)Require a county officer whose salary or compensa- 25 tion is paid by the county to make a report under oath to the 26 county board of commissioners on any subject connected with the 27 duties of that office and require the officer to give a bond 01825'97 7 1 reasonable or necessary for the faithful performance of the 2 duties of the office. An officer who neglects or refuses either 3 to make a report or give a bond within a reasonable time after 4 being required to do so may be removed from office by the board 5 by a vote of 2/3 of the members elected or appointed, and the 6 office declared vacant. The board may fill the vacancy for the 7 unexpired portion of the term for which the officer was elected 8 or appointed. If an election occurs before the expiration of the 9 unexpired term, and if the office is elective, the vacancy shall 10 be filled at that election. The board shall give reasonable 11 notice of the election to fill the vacancy. 12 (M)(o) AuthorizeBY AN AFFIRMATIVE VOTE OF 2/3 OF THE 13 MEMBERS ELECTED TO THE COUNTY BOARD OF COMMISSIONERS, AUTHORIZE a 14 township in the county, by a vote of the electors of the town- 15 ship, to borrow or raise by tax upon the township money to build 16 or repair roads or bridges in the township, or in the use of 17 which the township is interested, and to prescribe the time for 18 the repayment of a loan, which shall be within 15 years, and for 19 assessing the principal and interest on the loan upon the 20 township. If a road or bridge is situated partly in 1 township 21 and partly in another, or on the line between townships, or if a 22 township has a particular local interest in the construction or 23 repair of a bridge, the county board of commissioners may deter- 24 mine, under the regulations the board establishes, AND BY AN 25 AFFIRMATIVE VOTE OF 2/3 OF THE MEMBERS ELECTED TO THE BOARD, the 26 proportion that a township shall contribute to the building and 27 repairing of the road or bridge. The amount apportioned to the 01825'97 8 1 township shall be assessed and collected in the same manner as 2 other township taxes are assessed and collected by law. 3 (N)(p)Represent the county and have the care and manage- 4 ment of the property and business of the county if other provi- 5 sions are not made. 6 (O)(q)Establish rules and regulations in reference to 7 the management of the interest and business concerns of the 8 county as the board considers necessary and proper in all matters 9 not especially provided for in this act or under the laws of this 10 state. The county board of commissioners shall not audit or 11 allow a claim, including a bill or charge, against the county 12 unless the claim has been filed with the county clerk of the 13 county before the fourth day of a regular meeting of the board, 14 or before the second day of an adjourned or other meeting, the 15 claim is contracted by the board during the session of the board, 16 or the claim is for mileage and per diem of the members of the 17 board. The county clerk shall keep a book of all claims in the 18 order in which the claims are presented, giving the name of each 19 claimant and the amount and date of presentation of each claim. 20 The book, after the time prescribed for the presentation of 21 claims, shall be delivered to the chairperson for the use of the 22 board. At the October session, the board, by a vote of 2/3 of 23 the members, may receive and allow accounts that have wholly 24 accrued during the session. 25 (P)(r)Subject to subdivision(s)(Q), remove an offi- 26 cer or agent appointed by the board if, in the board's opinion, 27 the officer or agent is incompetent to execute properly the 01825'97 9 1 duties of the office or if, on charges and evidence, the board is 2 satisfied that the officer or agent is guilty of official miscon- 3 duct, or habitual or willful neglect of duty, and if the miscon- 4 duct or neglect is a sufficient cause for removal. However, an 5 officer or agent shall not be removed for that misconduct or 6 neglect unless charges of misconduct or neglect are preferred to 7 the county board of commissioners or the chairperson of the 8 county board of commissioners, notice of the hearing, with a copy 9 of the charges, is delivered to the officer or agent, and a full 10 opportunity is given the officer or agent to be heard, either in 11 person or by counsel. 12 (Q)(s)If the county has an appointed county manager or 13 other appointed chief administrative officer or a county control- 14 ler, the county board of commissioners may enter into an employ- 15 ment contract with that officer. The term of the employment con- 16 tract may extend beyond the terms of the members of the county 17 board of commissioners. The term of the employment contract 18 shall be 3 years or less, unless the employment contract is 19 entered into on or after August 1 of an even-numbered year, in 20 which case the term of the employment contract shall be 1 year or 21 less. However, in a county organized underAct No. 293 of the22Public Acts of 1966, being sections 45.501 to 45.521 of the23Michigan Compiled Laws1966 PA 293, MCL 45.501 TO 45.521, with 24 an appointed chief administrative officer, an employment contract 25 with the appointed chief administrative officer shall be for the 26 term provided by section 11a ofAct No. 293 of the Public Acts27of 1966, being section 45.511a of the Michigan Compiled Laws01825'97 10 1 1966 PA 293, MCL 45.511A. An employment contract under this 2 subdivision shall be in writing and shall specify the compensa- 3 tion to be paid to the officer, any procedure for changing the 4 compensation, any fringe benefits, and any other conditions of 5 employment. If the officer serves at the pleasure of the county 6 board of commissioners, the contract shall so state and may pro- 7 vide for severance pay or other benefits in the event the employ- 8 ment of the officer is terminated at the pleasure of the county 9 board of commissioners. 10 (R)(t)Establish rules consistent with the open meetings 11 act,Act No. 267 of the Public Acts of 1976, being sections1215.261 to 15.275 of the Michigan Compiled Laws1976 PA 267, 13 MCL 15.261 TO 15.275, for the manner of proceeding before the 14 board. 15 (S)(u)Acquire by exchange land needed for county pur- 16 poses, including the purchase of land to be used in exchange for 17 other land of approximate equal value owned by the federal gov- 18 ernment and needed for county purposes. 19 Enacting section 1. Section 12 of 1851 PA 156, MCL 46.12, 20 is repealed. 01825'97 Final page. TLG