HB-4212, As Passed House, December 15, 2015HB-4212, As Passed Senate, December 10, 2015

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4212

 

 

 

 

 

 

 

 

 

 

 

 

     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, 2020, 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, 2020, 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 do

 

either of the following:

 

     (i) By majority vote of the members of the county board of

 

commissioners, adopt a county road system with a board of county

 

road commissioners as provided in chapter IV of 1909 PA 283, MCL

 

224.1 to 224.32.

 

     (ii) By 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 House Bill No. 4215 of the 98th Legislature is enacted into

 

law.