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SENATE BILL No. 322

May 16, 2019, Introduced by Senator VICTORY and referred to the Committee on Local Government.

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 2016 PA 77.

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.

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 must 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 must 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 must 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

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 does 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 must 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 must 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 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 must 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 must 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 must be for the

term provided by section 11a of 1966 PA 293, MCL 45.511a. An

employment contract under this subdivision shall must be in writing

and shall must 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 must 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 money 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 must 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 must be

made at a public hearing of the county board of commissioners. The

grant or loan contract shall must 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, 2020, 2025, 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 must 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, 2020, 2025, 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 must 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 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.

(v) Loan funds money to a township within the county for the

purpose of funding a road construction project or providing

matching funds for a joint project between the county and the

township. A loan granted under this subdivision shall must not

exceed a term of 10 years.

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 323

of the 100th Legislature is enacted into law.