Bill Text: MI HB4151 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Counties; charter; nonpartisan election of sheriff and prosecuting attorney; provide for. Amends sec. 14 of 1966 PA 293 (MCL 45.514). TIE BAR WITH: HB 4150'13

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2013-02-05 - Printed Bill Filed 02/01/2013 [HB4151 Detail]

Download: Michigan-2013-HB4151-Introduced.html

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HOUSE BILL No. 4151

 

January 31, 2013, Introduced by Reps. Johnson, Brown, Daley and Howrylak and referred to the Committee on Elections and Ethics.

 

     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 2005 PA 208.

 

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 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 or 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. 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 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. In addition, a county charter adopted under this

 

act shall provide for the nonpartisan election of a sheriff and a

 

prosecuting attorney.

 

     (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 this subdivision in relation to

 

existing county offices, boards, commissions, and departments, a

 

county charter shall insure the following:

 

     (i) 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 its statutory duties

 

concerning the preservation of a county road system. The charter

 

for these counties shall provide for the creation of a commission

 

consisting of not fewer than 3 or more than 5 members. Not less

 

than 1 member of the commission shall be a resident of a township

 

within the county.

 

     (ii) 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 IV of 1909 PA 283, MCL

 

224.9 to 224.32, shall be vested in a commission consisting of not

 

fewer than 3 or more than 5 members. The charter shall provide that

 

1 member of the 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 commission shall be appointed by either the

 

elected county executive or the chief administrative officer.

 

Appointment to the 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

 

commission, but the charter shall provide that the members of the

 

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,

 

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

 

for short short-term financial recovery and long 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) 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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 4150(request no.

 

00113'13) of the 97th Legislature is enacted into law.