HOUSE BILL No. 4967


     June 19, 2001, Introduced by Reps. Pumford, Ehardt, Meyer, Bovin and Jelinek and referred to the Committee on Local Government and Urban
Policy.


        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 1982 PA 300.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 14.   (1)  A county charter adopted under this act

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      shall provide  for  all of the following:

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           (a) In a county having a population of less than 1,500,000,

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      for a salaried county executive  ,  who  shall be  IS elected
   at

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      large on a partisan basis  ,  and  for  the county executive's

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      authority, duties, and responsibilities.  In a county having a

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      population of 1,500,000  ,  or more, a county charter adopted



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      under this act shall provide for a form of executive government

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      described and adopted pursuant to the procedures prescribed in

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      section 11a.

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           (b)  The election of  FOR a legislative body, to be known as

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      the county board of commissioners  , whose term of office shall

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      be concurrent with that of state representatives, and for  AND

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      their authority, duties, responsibilities, and number, which

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      shall be not less than 5  nor  OR more than 21 in counties of

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      less than 600,000, and not less than 5  nor  OR more than 27 in

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      counties of 600,000 or more.  The TERM OF OFFICE OF MEMBERS OF

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      THE county board of commissioners  is subject to  SHALL BE AS

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      SPECIFIED IN section 10 of  Act No. 261 of the Public Acts of

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      1966, being section 46.410 of the Michigan Compiled Laws  1966 PA

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      261, MCL 46.410.  The county board of commissioners shall provide

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      by ordinance for their compensation and may increase or decrease

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      their compensation.  However, a change in compensation shall not

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      be effective during the term of office for which the legislative

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      body making the change was elected.  The charter shall also pro-

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      vide for the partisan election of members of the legislative body

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      from single member districts to be established by the county

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      apportionment commission as created in section 5 and pursuant to

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      the standards and guidelines established in section 5 for reap-

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      portionment based upon the last official federal decennial

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      census, effective at the first regular general election of the

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      members of the legislative body occurring not less than 12 months

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      after the completion and certification of the federal DECENNIAL

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      census.  Each city and township shall be apportioned so that it



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      has the largest possible number of complete districts within its

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      boundaries before any part of the city or township is joined to

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      territory outside the boundaries of the city or township to form

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      a district.

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           (c)  The  FOR THE partisan election of a sheriff, a prose-

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      cuting attorney, a county clerk, a county treasurer, and a regis-

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      ter of deeds, and  for  the authority of the county board of com-

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      missioners to combine the county clerk and register of deeds into

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      1 office as authorized by law.

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           (d) Except as provided in subdivision (c), FOR the continua-

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      tion of all existing county offices, boards, commissions, and

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      departments whether established by law or by action of the county

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      board of commissioners; the performance of their respective

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      duties by other county offices, boards, commissions, and depart-

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      ments; or  for  the discontinuance of these county offices,

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      boards, commissions, and departments.  Notwithstanding the provi-

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      sions of this subdivision in relation to existing county offices,

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      boards, commissions, and departments, a county charter shall

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       insure  SATISFY the following REQUIREMENTS:

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           (i) In a county having a population of less than 1,500,000,

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      the charter shall not be in derogation of the powers and duties

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      of the county road commission in the exercise of their statutory

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      duties concerning the preservation of a county road system.  The

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      charter for these counties shall provide for the creation of a

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      3-member commission.   Not less than  AT LEAST 1 member of the

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      3-member commission shall be a resident of a township within the

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      county.



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           (ii) In a county having a population of 1,500,000 or more,

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      the charter shall provide for the continuation of a county road

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      system within the county.  Notwithstanding any other provisions

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      of this act, the charter described in this subparagraph shall

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      provide that responsibility for the determination of the expendi-

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      ture of all funds for road construction and road maintenance, and

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      for carrying out the powers and duties pertaining to a county

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      road system as provided in sections 9 to 32 of chapter  4  IV of

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       Act No. 283 of the Public Acts of 1909, as amended, being

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      sections 224.9 to 224.32 of the Michigan Compiled Laws  1909 PA

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      283, MCL 224.9 TO 224.32, shall be vested in a 3-member

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      commission.  The charter shall provide that 1 member of the

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      3-member commission shall be a resident of the most populous city

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      in the county, 1 member shall be a resident of a city other than

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      the most populous city within the county, and 1 member shall be a

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      resident of a township within the county.  The charter shall pro-

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      vide that the 3-member commission shall be appointed by either

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      the elected county executive or the chief administrative

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      officer.  Appointment to the 3-member commission shall require

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      advice and consent by a majority of the county board of commis-

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      sioners elected and serving not more than 60 days after the

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      appointment.  If the county board of commissioners does not vote

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      on the appointment within 60 days, the appointment shall become

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      final.  The charter may provide for a fixed term of years for the

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      members of the 3-member commission, but the charter  , however,

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      shall provide that the members of the 3-member commission may be

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      removed at the pleasure of the elected county executive or the



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      chief administrative officer.  The charter shall specify duties

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      and procedures to  assure  ENSURE that administrative decisions

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      made for road construction  shall be  ARE coordinated with admin-

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      istrative decisions made for other programs  which  THAT relate

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      to roads.  THIS SUBPARAGRAPH DOES NOT APPLY TO A COUNTY IN WHICH

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      THE CHARTER IS AMENDED TO PROVIDE FOR AN ALTERNATIVE METHOD OF

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      CARRYING OUT THE POWERS AND DUTIES THAT ARE OTHERWISE PROVIDED BY

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      LAW FOR A BOARD OF COUNTY ROAD COMMISSIONERS. As used in this

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      subparagraph, "road construction" means all of the following:

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           (A) The building of a new road or street and the improving

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      of an existing road or street by THE correction OF grades, THE

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      INSTALLATION, REPAIR, OR IMPROVEMENT OF drainage structures, THE

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      ALTERATION OF width  ,  OR alignment, or THE REPAIR OR REPLACE-

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      MENT OF THE surface.

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           (B) The building of bridges or grade separations and the

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      repair of these structures by strengthening, widening,  and  OR

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      the replacement of piers and abutments.

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           (C) The initial signing of newly constructed roads or

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      streets, major resigning of projects,  and  OR the installation,

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      replacement, or improvement of traffic signals.

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           (e)  The  FOR THE continuation and implementation of a

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      system of pensions and retirement for county officers and

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      employees, in  those counties  A COUNTY having a system in effect

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      at the time of the adoption of the charter.  The system provided

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      under the charter shall recognize the accrued rights and benefits

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      of the officers and employees under the system  then  in effect

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      AT THE TIME OF THE ADOPTION OF THE CHARTER.  The charter shall



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      not infringe upon  nor  OR be in derogation of those accrued

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      rights and benefits.  The charter shall not preclude future modi-

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      fication of the system.

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           (f)  The  FOR THE continuation and implementation of a

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      system of civil service, in  those counties  A COUNTY having a

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      system at the time of the adoption of the charter.  The system of

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      civil service provided under the charter shall recognize the

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      rights and status of persons under the civil service system

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       then  in effect AT THE TIME OF THE ADOPTION OF THE CHARTER.  The

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      charter shall not infringe upon  nor  OR be in derogation of

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      those rights and that status.  The charter shall not preclude

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      future modification of the system.  Except as provided in subdi-

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      vision (d), the charter shall provide that the system of civil

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      service be coordinated among the county offices, boards, commis-

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      sions, and departments.

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           (g) That the general statutes and local acts of this state

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      regarding counties and county officers shall continue in effect

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      except to the extent that this act permits the charter to provide

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      otherwise, if the charter does in fact provide otherwise.

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           (h) That all ordinances of the county shall remain in effect

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      unless changed by the charter or an ordinance adopted under the

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      charter.

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           (i)  The  FOR THE power and authority to adopt, amend, and

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      repeal any ordinance authorized by law, or necessary to carry out

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      any power, function, or service authorized by this act and by the

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      charter.





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           (j)  The  FOR THE power and authority to enter into any

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      intergovernmental contract  which  THAT is not specifically

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      prohibited by law.

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           (k)  The  FOR THE power and authority to join, establish, or

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      form with any other governmental unit an intergovernmental dis-

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      trict or authority for the purpose of performing a public func-

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      tion or service  , which  THAT each is authorized to perform sep-

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      arately  ,  AND the performance of which is not prohibited by

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      law.

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           (l)  A  FOR A debt limit of not to exceed 10% of the state

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      equalized value of the taxable property within the county.

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           (m)  The  FOR THE levy and collection of taxes, FOR the

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      fixing of an ad valorem property tax limitation of not to exceed

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      1% of the state equalized value of the taxable property within

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      the county, and that the levy of taxes from within this ad

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      valorem property tax limitation shall not exceed, unless other-

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      wise approved by the electors, the tax rate in mills, equal to

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      the number of mills allocated to the county either by a county

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      tax allocation board or by a separate tax limitation under the

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      property tax limitation act,  Act No. 62 of the Public Acts of

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      1933, as amended, being sections 211.201 to 211.217a of the

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      Michigan Compiled Laws  1933 PA 62, MCL 211.201 TO 211.217A, in

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      the year immediately preceding the year in which the county

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      adopts a charter.

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           (n)  Initiative  FOR INITIATIVE and referendum on all mat-

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      ters within the scope of the county's power and authority  ;  and

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       for  the recall of all county officials.



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           (o)  Amendment  FOR AMENDMENT or revision of the charter

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      initiated either by action of the legislative body of the county

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      or by initiatory process.  An amendment or revision shall not

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      become effective unless the amendment or revision is submitted to

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      the electorate of the county and approved by a majority of those

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      voting.

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           (p) That the acquisition, operation, and sale of public

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      utility facilities for furnishing light, heat, or power shall be

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      subject to the same restrictions as imposed on cities and vil-

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      lages by the state constitution of 1963 and applicable law.

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           (q)  Annual  FOR ANNUAL preparation, review, approval, and

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      adherence to a balanced budget in a manner  which assures  THAT

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      ENSURES coordination among the county offices, boards, commis-

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      sions, and departments, except as provided in subdivision (d).

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           (r)  An  FOR AN annual audit by an independent certified

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      public accountant of all county funds.

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           (s) That,  a  IF THE county  that  incurs a budget
   deficit

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      in any fiscal year, IT shall prepare  and submit  a detailed and

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      specific 5-year plan for short term financial recovery and long

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      range financial stability AND, BEFORE ADOPTION OF THE NEXT ANNUAL

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      COUNTY BUDGET, SUBMIT THE PLAN to the governor and the legisla-

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      ture  , before adoption of the next annual county budget,  for

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      review.  The  5-year  plan shall include, but not be limited to,

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      a projection of annual revenues and expenditures, an employee

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      classification and pay plan, a capital improvements budget, and

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      equipment replacement schedules.





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            (2) Subsection (1)(d)(ii) shall not apply to a county in

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      which the charter is amended to provide for an alternative method

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      of carrying out the powers and duties which are otherwise pro-

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      vided by law for a board of county road commissioners.
















































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