HB-4316, As Passed Senate, October 26, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4316

     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:

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

provide for all of the following:

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

or more, a county charter adopted under this act shall provide for

a form of executive government described and adopted  pursuant to

the procedures prescribed in under section 11a.

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

county board of commissioners, whose term of office shall be

concurrent with that of state representatives, and for their

authority, duties, responsibilities, and number which shall be not

less than 5 nor more than 21 in counties of less than 600,000, and

not less than 5 nor more than 27 in counties of 600,000 or more.

The county board of commissioners shall provide by ordinance for

their compensation and may increase or decrease their compensation.

However, a A change in compensation shall not be effective during

the term of office for which the legislative body making the change

was elected. The charter shall 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 pursuant to the standards and

guidelines established in section 5 for reapportionment based upon

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 shall

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.

     (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 for the

discontinuance of these county offices, boards, commissions, and

departments. Notwithstanding  the provisions of  this subdivision

in relation to existing county offices, boards, commissions, and

departments, a county charter shall insure the following:

     (i)  In Except as otherwise provided under subsection (2), in

a county having a population of less than 1,500,000, the charter

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

road commission in the exercise of their statutory duties

concerning the preservation of a county road system. The charter

for these counties shall provide for the creation of a  3-member

commission consisting of not fewer than 3 or more than 5 members.

Not less than 1 member of the  3-member  commission shall be a

resident of a township within the county.

     (ii)  In Except as otherwise provided in subsection (2), in a

county having a population of 1,500,000 or more, the charter shall

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 shall 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 4 of  Act No. 283 of the

Public Acts of 1909, as amended, being sections 224.9 to 224.32 of

the Michigan Compiled Laws 1909 PA 283, MCL 224.9 to 224.32, shall

be vested in a  3-member  commission consisting of not fewer than 3

or more than 5 members. The charter shall provide that 1 member of

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

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

than the most populous city within the county, and that 1 member

shall be a resident of a township within the county. The charter

shall provide that the  3-member  commission shall be appointed by

either the elected county executive or the chief administrative

officer. Appointment to the  3-member  commission shall 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 shall become final.

The charter may provide for the number of members and a fixed term

of years for the members of the  3-member  commission, but the

charter  , however,  shall provide that the members of the  3-

member  commission may be removed at the pleasure of the elected

county executive or the chief administrative officer. The charter

shall specify duties and procedures to assure that administrative

decisions made for road construction shall be 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) The continuation and implementation of a system of

pensions and retirement for county officers and employees in those

counties having a system in effect at the time of the adoption of

the charter. The system provided under the charter shall recognize

the accrued rights and benefits of the officers and employees under

the system then in effect. The charter shall not infringe upon nor

be in derogation of those accrued rights and benefits. The charter

shall 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 shall recognize the rights and status of persons under

the civil service system then in effect. The charter shall not

infringe upon nor be in derogation of those rights and that status.

The charter shall not preclude future modification of the system.

Except as provided in subdivision (d), the charter shall 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 shall 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 shall 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 shall 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,

Act No. 62 of the Public Acts of 1933, as amended, being sections

211.201 to 211.217a of the Michigan Compiled Laws 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 shall 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 shall 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

House Bill No. 4316 as amended October 26, 2005

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 shall

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)(ii) (1)(d) shall 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.>>