HB-5304, As Passed Senate, December 12, 2017
November 30, 2017, Introduced by Reps. Crawford, Albert and Lower and referred to the Committee on Michigan Competitiveness.
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 sections 14, 14a, and 15 (MCL 45.514, 45.514a, and
45.515), section 14 as amended by 2005 PA 208, section 14a as added
by 2012 PA 466, and section 15 as amended by 1980 PA 7, and by
adding section 15c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
14. (1) A county charter adopted under this act shall
must provide for all of the following:
(a)
In a county having that
has 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 that
has
a population of 1,500,000 , or more, a county charter adopted
under
this act shall must 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 must be
concurrent with that of state representatives, and for their
authority,
duties, responsibilities, and number, which shall must
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 is
not be effective
during the term of office for which the legislative body making the
change
was elected. The charter shall must
also provide for the
partisan
election of members of the legislative body from single
member
single-member districts to be established by the county
apportionment
commission as created in section 5 and pursuant to
under the standards and guidelines established in section 5 for
reapportionment
based upon on 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 must 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 this subdivision in relation to
existing county offices, boards, commissions, and departments, a
county
charter shall must insure the following:
(i) Except as otherwise provided under subsection (2), in a
county
having that has a population of less than 1,500,000, the
charter
shall must 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 must
provide for the creation of a
commission
consisting that consists of not fewer than 3 or more
than
5 members. Not less than 1 member of the commission shall must
be a resident of a township within the county.
(ii) Except as otherwise provided in subsection (2), in a
county
having that has a population of 1,500,000 or more, the
charter
shall must 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 must
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 is vested in a commission
consisting
that consists of not fewer than 3 or more than 5
members.
The charter shall must provide that 1 member of the
commission
shall be is a resident of the most populous city in the
county,
1 member shall be is a resident of a city other than the
most
populous city within the county, and that 1 member shall be is
a
resident of a township within the county. The charter shall must
provide
that the commission shall be is
appointed by either the
elected county executive or the chief administrative officer.
Appointment
to the commission shall must
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 is
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 must 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 must specify duties and procedures to assure that
administrative
decisions made for road construction shall be are
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 Subject to section
15c, the continuation and
implementation of a system of pensions and retirement for county
officers
and employees in those counties having that have a system
in effect at the time of the adoption of the charter. The system
provided
under the charter shall must
recognize the accrued rights
and benefits of the officers and employees under the system then in
effect.
The charter shall must not infringe upon on nor
be in
derogation
of those accrued rights and benefits. The Subject to
section
15c, the charter shall must 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 must recognize the rights and status of persons
under
the civil service system then in effect. The charter shall
must
not infringe upon on nor
be in derogation of those rights and
that
status. The charter shall must
not preclude future
modification of the system. Except as provided in subdivision (d),
the
charter shall must 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 will 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 will 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 must 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 must
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 must
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 term short-term financial recovery and long range 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 must 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 does
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.
Sec. 14a. (1) Beginning September 30, 2014, each county road
agency shall annually certify to the department that it satisfies 1
of the following conditions with respect to transportation
employees:
(a) The county road agency has developed and publicized a
transportation employee compensation plan that the county road
agency intends to implement with any new, modified, or extended
contract or employment agreements for transportation employees not
covered under contract or employment agreement. The transportation
employee compensation plan that each county road agency plans to
achieve
shall must be posted on a publicly accessible internet site
and
shall must be submitted to the department. At Subject to
section 15c, at a minimum, the transportation employee compensation
plan
shall must include all of the following:
(i) New transportation employee hires who are eligible for
retirement plans are placed on retirement plans that cap annual
employer contributions at 10% of base salary for transportation
employees who are eligible for social security benefits. For
transportation employees who are not eligible for social security
benefits, the annual employer contribution is capped at 16.2% of
base salary.
(ii) For defined benefit pension plans, a maximum multiplier
of 1.5% for all transportation employees who are eligible for
social security benefits, except, if postemployment health care is
not provided, the maximum multiplier shall be 2.25%. For all
transportation employees who are not eligible for social security
benefits, a maximum multiplier of 2.25%, except, if postemployment
health
care is not provided, the maximum multiplier shall must be
3.0%. This subparagraph does not apply to years of service accrued
prior
to before September 30, 2013, or to contracts entered into
prior
to before September 30, 2013.
(iii) For defined benefit pension plans, final average
compensation for all transportation employees is calculated using a
minimum
of 3 years of compensation and shall must not include more
than
a total of 240 hours of paid leave. Overtime hours shall must
not be used in computing the final average compensation for a
transportation employee. This subparagraph does not apply to years
of
service accrued prior to before
September 30, 2013, or to
contracts
entered into prior to before
September 30, 2013.
(iv) Health care premium costs for new transportation employee
hires
shall must include a minimum transportation employee share of
20%; or, an employer's share of the local health care plan costs
shall
must be cost competitive with the new state preferred
provider organization health plan, on a per-transportation-employee
basis.
(b) The county road agency complies with 1 of the following:
(i) A county road agency that offers medical benefits to its
transportation employees or elected public officials shall certify
to the department by September 30, 2014 that it is in compliance
with the publicly funded health insurance contribution act, 2011 PA
152, MCL 15.561 to 15.569. For purposes of this subparagraph,
dental and vision coverages are not considered medical benefits.
The department shall develop a certification process and method for
county road agencies to follow.
(ii) A county road agency that does not offer medical benefits
to its transportation employees or elected public officials shall
certify to the department by September 30, 2014 that it does not
offer medical benefits to its transportation employees or elected
public officials. For purposes of this subparagraph, dental and
vision coverages are not considered medical benefits. The
department shall develop a certification process and method for
county road agencies to follow.
(2) If a county road agency does not make the certification
required under subsection (1), the department may withhold all or
part of the distributions to the county road agency from the
Michigan transportation fund under 1951 PA 51, MCL 247.651 to
247.675.
A withholding under this subsection shall must continue
for the period of noncompliance with subsection (1) by the county
road agency.
(3) A county road agency shall maintain a searchable website
accessible by the public at no cost that includes, but is not
limited to, all of the following:
(a) Current fiscal year budget.
(b) The number of active transportation employees of the
county road agency by job classification and wage rate.
(c) A financial performance dashboard that contains
information on revenues, expenditures, and unfunded liabilities.
The county road agency may link to financial information provided
by the Michigan transportation asset management council.
(d) The names and contact information for the governing body
of the county road agency.
(e) A copy of the certification required by subsection (1).
(4) A county road agency may develop and operate its own
website to provide the information required under subsection (3),
or the county road agency may reference this state's central
transparency website as the source for the information required
under subsection (3). If a county road agency does not have a
website, the county road agency may post the information required
under subsection (3) on the website for the county within which the
county road agency is located or on the website of a statewide road
association of which the county road agency is a member.
(5) As used in this section:
(a) "County road agency" means a county road commission or a
body that has the powers of a county road commission in a county
that adopts a charter under this act. In addition, if a board of
county road commissioners of a county is dissolved as provided in
section 6 of chapter IV of 1909 PA 283, MCL 224.6, county road
commission includes the county board of commissioners of that
county.
(b) "Department" means the state transportation department.
(c) "Transportation employee" means an employee paid in whole
or in part through revenues distributed under sections 12 to 13 of
1951 PA 51, MCL 247.662 to 247.663, or an employee who is engaged
primarily in work funded through revenues distributed under
sections 12 to 13 of 1951 PA 51, MCL 247.662 to 247.663.
Sec.
15. A county charter adopted under the provisions of this
act may provide for 1 or more of the following:
(a) The office of corporation counsel, public defender,
auditor general, and all other offices, boards, commissions, or
departments necessary for the efficient operation of county
government. The charter may also provide for the power and
authority to establish, by ordinance, other offices, boards,
commissions, and departments as may become necessary.
(b)
That the legislative body of any unit of government which
that is wholly or partially within the county may transfer, subject
to
the approval of the legislative body of the county and upon on
mutually
agreed conditions, any a municipal function or service to
the
county if the performance of that the function or service , by
the county is not specifically prohibited by law, and if the
function
or service is offered on a county-wide countywide basis.
(c) The authority to perform at the county level any function
or
service not prohibited by law, which shall include, by way of
enumeration
and not limitation: Police including,
but not limited
to, police protection, fire protection, planning, zoning,
education, health, welfare, recreation, water, sewer, waste
disposal, transportation, abatement of air and water pollution,
civil defense, and any other function or service necessary or
beneficial to the public health, safety, and general welfare of the
county. Powers granted solely by charter may not be exercised by
the
charter county in a local unit of government which that is
exercising a similar power without the consent of the local
legislative
body. The cost of any a service authorized by charter
to be performed by the county, may be determined by negotiation
between the local unit of government and the charter county and
this
the cost shall must be charged to the local
unit of government
or area benefited by the service, unless it is rendered on a
county-wide
countywide basis in which event the cost may be paid
from the general fund of the county. If a function exercised by a
local unit of government is transferred to the county and becomes a
county function financed through the general fund of the county,
the county shall reimburse a local unit of government a negotiated
sum representing the value of the transferred capital assets of the
function owned by and paid for by the local unit of government,
including outstanding bonded indebtedness of the local unit of
government.
(d) The establishment and maintenance, either within or
outside of the county corporate limits, of roads, parks,
House Bill No. 5304 as amended December 12, 2017
cemeteries, hospitals, medical facilities, airports, ports, jails,
water supply and transmission facilities, sewage transmission and
disposal
systems, all public works, or other types of facility
facilities necessary to preserve and provide effectively for the
public health, safety, and general welfare of the county.
(e)
The power and authority to levy and collect any taxes,
fees, rents, tolls, or excises, the levy and collection of which is
authorized
by law. A The county may
not levy a tax on income may
not
be levied by the county unless
authorized by law.
(f)
A Subject to section 15c,
a system of retirement for
county officers and employees.
(g) A classified civil service or merit system for county
officers and employees, except those officers and employees who are
expressly exempted from civil service by either the state
constitution
of 1963 or statute.law.
(h) The election or appointment of a drain commissioner.
Sec. 15c. If a county provides a system of retirement for its
officers and employees under this act, the system of retirement is
subject to the protecting local government retirement and benefits
act.
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