reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.559a - Death or Resignation of Elected County Executive; Successor.

45.559a Death or resignation of elected county executive; successor.
Sec. 9a.
(1) For counties with a population of more than 1,000,000, if a vacancy occurs in the office of the elected county executive due to death or resignation of the elected county executive, the chief deputy shall take the constitutional oath of office and serve as the county executive until the county board of commissioners appoints a successor to the elected county executive or until a special election is held as provided by law.
(2) If the county board of commissioners elects to appoint a successor, the appointment shall be made no later than 30 days from the date of the death or resignation. A county executive appointed by the county board of commissioners shall serve until the next general election. If the county board of commissioners does not make an appointment within the required 30 days under this subsection, a special election shall be held at the earliest possible date allowed by law.
(3) If the chief deputy is unable to serve as the county executive due to death or resignation of the chief deputy, the next highest ranking deputy shall take the constitutional oath of office and serve as the county executive until the county board of commissioners appoints a successor as provided under subsection (1) or until a special election is held as provided by law.
(4) A new county executive shall be elected at the next general election after the death or resignation of a county executive as provided in section 9 for the election of county executives. The newly elected county executive shall serve a term equal to the balance of the term for which the county executive who died or resigned was elected.
(5) Within 10 days after being sworn in, the county executive shall appoint a chief deputy. The county executive may also appoint additional deputies whom he or she considers necessary to perform the functions and duties of the office of elected county executive.
(6) The county executive shall file a statement with the county clerk identifying the individual appointed as chief deputy and all other individuals appointed as a deputy or assistant deputy. The statement shall also identify the ranking order of the deputies.
(7) If the county executive is absent or unable to perform the duties of his or her office, the chief deputy shall perform the duties of the county executive until such time that the elected county executive can resume the duties of his or her office.
(8) The county executive may revoke his or her appointments at any time.
History:
Add. 2003, Act 281, Imd. Eff. Jan. 8, 2004
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.560 - County Executive; Responsibility.

45.560 County executive; responsibility.
Sec. 10.
The county executive shall be responsible for the overall supervision of all county departments not headed by other elected officials.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.561 - County Executive; Veto of Ordinance or Resolution; Certification; Overriding Veto; Certain Resolutions or Motions Not to Be Approved or Disapproved; Effective Date of Ordinance or Resolution.

45.561 County executive; veto of ordinance or resolution; certification; overriding veto; certain resolutions or motions not to be approved or disapproved; effective date of ordinance or resolution.
Sec. 11.
(1) Except as provided in this section, the county executive may veto an ordinance or resolution adopted by the board, including items of an ordinance appropriating funds. The veto shall be certified by the county executive to the board of county commissioners within 10 days after date of adoption of the ordinance or resolution and the board may override the veto by a 2/3 vote of all members elected and serving. The county board of commissioners shall override a veto by the second meeting following deliverance to the county board of commissioners of the message of veto. The county executive may not approve or disapprove resolutions or motions pertaining to any of the following:
(a) The organizational structure of the county board of commissioners.
(b) Appointments by the county board of commissioners.
(c) Resolutions concerning the county board of commissioners' policy positions as to pending legislation.
(d) The abolishment of the optional unified form of county government under section 23.
(2) Under the unified form of county government containing alternate B, an ordinance or resolution shall become effective on approval of the county executive, on expiration of 10 days, measured in hours and minutes from the time presented to the county executive, without approval or veto, or on the overriding of a veto in the manner above described.
History:
1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 1980, Act 100, Imd. Eff. Apr. 19, 1980
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.562 - Officials; Powers; Functions; Manner of Election or Appointment; Term.

45.562 Officials; powers; functions; manner of election or appointment; term.
Sec. 12.
(1) Upon the date an optional unified form of county government becomes effective, the following officials shall exercise the powers and functions as provided by law, unless other powers or functions are delegated to an official by the board of county commissioners:
(a) The sheriff.
(b) The clerk-register or clerk and the register of deeds.
(c) The treasurer.
(d) The prosecuting attorney. If a county employs an attorney under 1941 PA 15, MCL 49.71 to 49.73, the prosecuting attorney shall not act relative to 1941 PA 15, MCL 49.71 to 49.73.
(e) The drain commissioner.
(f) The boards of county road commissioners. Members of the county road commission shall be appointed as provided under section 6 of 1909 PA 283, MCL 224.6. In a county with a population of 1,000,000 or more, the board of county road commissioners shall not exceed 3 members.
(2) The officials named in subsection (1) shall be elected or appointed in the manner and for a term as provided by law.
History:
1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 2006, Act 499, Imd. Eff. Dec. 29, 2006
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.564 - Departments; Consolidation; Transfer of Functions; Creation of Additional Departments; County Manager or County Executive as Director.

45.564 Departments; consolidation; transfer of functions; creation of additional departments; county manager or county executive as director.
Sec. 14.
Except as to a department headed by elected county officials or the board of county road commissioners, the board of county commissioners may:
(a) Upon a majority vote and the affirmative recommendation of the county manager or elected county executive, and following a public hearing, the board may consolidate departments completely or in part, or may transfer a function from 1 department to another; or the board may, upon the affirmative vote of 2/3 of its members and following a public hearing, consolidate departments completely or in part, or may transfer a function from 1 department to another.
(b) Create additional departments.
(c) Require the county manager or elected county executive to serve as director of a department.
History:
1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 1980, Act 100, Imd. Eff. Apr. 19, 1980
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.565 - Deputy; Appointment; Department Head and Deputy Exempt From Civil Service.

45.565 Deputy; appointment; department head and deputy exempt from civil service.
Sec. 15.
(1) Each department head may appoint 1 deputy.
(2) A department head and any deputy appointed thereunder is exempt from civil service.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.566 - Civil Service Commission; Appeals; Secretarial and Clerical Assistance; Personnel and Employee Relations.

45.566 Civil service commission; appeals; secretarial and clerical assistance; personnel and employee relations.
Sec. 16.
The civil service commission, if existing, shall hear and decide appeals from any disciplinary action, suspension, or removal of county employees who are within the classified service, and shall perform no other function. The commission in exercising its duties shall be authorized to employ such secretarial and clerical assistance as may be approved by the board of county commissioners. All other personnel and employee relations functions of the county shall be performed by the department of personnel and employee relations, the county manager or elected county executive and the board of county commissioners. The civil service commission shall have no authority over the performance of such functions.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.567 - Employee Retirement and Pension Programs; Retirement Board.

45.567 Employee retirement and pension programs; retirement board.
Sec. 17.
Subject to the protecting local government retirement and benefits act, the board of county commissioners shall continue, without diminution of function or authority, any board previously established to administer employee retirement and pension programs or may create a retirement board if none exists. A retirement board may invest or reinvest the money of the employee retirement and pension programs.
History:
1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 2017, Act 205, Imd. Eff. Dec. 20, 2017
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.568 - Title to Property to Be Held in Name of County.

45.568 Title to property to be held in name of county.
Sec. 18.
Upon the date an optional unified form of county government becomes effective, title to all property, real or personal, formerly held in the name of any office, board, commission, authority or department which is abolished shall be held in the name of the county.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.569 - Ordinances Previously Enacted.

45.569 Ordinances previously enacted.
Sec. 19.
When an optional unified form of county government becomes effective all ordinances previously enacted by the board of county commissioners and unrepealed, to the extent not inconsistent with this act, remain in full force and effect.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.570 - Provisions of Act Controlling.

45.570 Provisions of act controlling.
Sec. 20.
When an optional unified form of county government becomes effective, this act is controlling as to all matters to which it relates, and provisions of law not in conflict continue in full force and effect.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.571 - Rights Under Civil Service and Merit System Continued.

45.571 Rights under civil service and merit system continued.
Sec. 21.
Under an optional unified form of county government all rights secured employees by existing civil service and merit system legislation are continued in full force and effect, except as specifically modified by this act.
History:
1973, Act 139, Eff. Mar. 29, 1974
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.572 - Retirement and Pension Rights.

45.572 Retirement and pension rights.
Sec. 22.
Subject to the protecting local government retirement and benefits act, under an optional unified form of county government all retirement and pension rights of employees provided by existing law remain in full force and effect.
History:
1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 2017, Act 205, Imd. Eff. Dec. 20, 2017
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.572a - Retirement System Subject to Protecting Local Government Retirement and Benefits Act; "Retirement System" Defined.

45.572a Retirement system subject to protecting local government retirement and benefits act; "retirement system" defined.
Sec. 22a.
For a county that has adopted an optional unified form of county government and that provides a retirement system for the county's employees, the retirement system is subject to the protecting local government retirement and benefits act. As used in this section, "retirement system" means that term as defined in section 3 of the protecting local government retirement and benefits act.
History:
Add. 2017, Act 205, Imd. Eff. Dec. 20, 2017
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 139 of 1973 - Optional Unified Form of County Government (45.551 - 45.573) › Section 45.573 - Procedures for Abolishing Optional Unified Form of County Government.

45.573 Procedures for abolishing optional unified form of county government.
Sec. 23.
An optional unified form of county government may be abolished in the following manner:
(a) After a period of 4 years from the date an optional unified form of county government originally becomes effective, the board of county commissioners of the county, by a 2/3 vote of those members elected and serving, may abolish the form and elect to be governed by the provisions of the general county law then in force. The abolition then shall be submitted to the electorate of the county for approval or disapproval at the next regular primary or general election occurring within the county. If a majority of votes cast on the proposal at the election approve the abolition, the optional unified form of county government shall be abolished in the county effective 180 days after the date of the election.
(b) Upon adoption by the voters of the county of a home rule charter.
(c) After a period of 4 years from the date an optional unified form of county government containing alternate A or alternate B originally becomes effective, if the board of county commissioners of the county does not exercise its discretion to abolish the form, a petition, signed by registered electors of the county equal to not less than 10% of the total number of persons voting in the last previous election for which votes were cast for governor, may be filed with the clerk-register or clerk requesting abolition of the form. Upon the clerk-register or clerk certifying to the board that a proper petition has been filed, the board shall submit the question of abolishing the optional unified form of county government to the electorate of the county for approval or disapproval at the next regular primary or general election occurring within the county. If a majority of votes cast on the proposal at the election approve the abolition, the optional unified form of county government shall be abolished in the county effective 180 days after the date of the election.
History:
1973, Act 139, Eff. Mar. 29, 1974 ;-- Am. 1980, Act 100, Imd. Eff. Apr. 19, 1980 ;-- Am. 1998, Act 201, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.581 - Short Title.

45.581 Short title.
Sec. 1.
This act shall be known and may be cited as the "county department of solid waste management act".
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.582 - Definitions.

45.582 Definitions.
Sec. 2.
As used in this act:
(a) "Acquire" means acquisition by any method described in section 12 or by any other method permitted by law.
(b) "County" means a county organized under Act No. 139 of the Public Acts of 1973, being sections 45.551 to 45.573 of the Michigan Compiled Laws, except where the context provides otherwise.
(c) "Department of solid waste management" means the department of solid waste management provided for in section 3.
(d) "Governing body" means, for a county, the county board of commissioners; for a city, the council, commission, or other body having legislative powers; for a village, the council, commission board of trustees, or other body having legislative powers; for a general law or charter township, the township board; and for a district or an authority, the body having general governing powers.
(e) "Public corporation" means any county however organized, a city, village, township, charter township, district, or authority existing under the laws of this state.
(f) "Solid waste system" or "system" means all plants, works, instrumentalities, properties, rights, processes, and contracts used or useful in connection with the collection, transportation, recycling, processing, storing, or disposing, by treatment, incineration, or otherwise, of solid waste, or as may be provided in a solid waste management plan or update of a solid waste management plan approved for a county pursuant to part 115 (solid waste management) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being sections 324.11501 to 324.11549 of the Michigan Compiled Laws.
(g) "Solid waste" means putrescible and nonputrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, commercial and industrial wastes, and any other wastes described in a solid waste management plan or an update of a solid waste management plan approved pursuant to part 115 of Act No. 451 of the Public Acts of 1994, for a county.
(h) "Solid waste management plan" means the solid waste management plan of a county provided for in part 115 of Act No. 451 of the Public Acts of 1994.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989 ;-- Am. 1996, Act 39, Imd. Eff. Feb. 26, 1996
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.583 - Department of Solid Waste Management; Establishment; Function; Control; Annual Budget; Appointment of Director.

45.583 Department of solid waste management; establishment; function; control; annual budget; appointment of director.
Sec. 3.
(1) The county board of commissioners of a county may establish a department of solid waste management as an additional department pursuant to section 14 of Act No. 139 of the Public Acts of 1973, being section 45.564 of the Michigan Compiled Laws. The department of solid waste management shall function as provided in section 13 of Act No. 139 of the Public Acts of 1973, being section 45.563 of the Michigan Compiled Laws, and as provided in and subject to the resolution of the county board of commissioners establishing a solid waste system as provided in this act. The department of solid waste management is under the control of the county manager or the elected county executive in the same manner and extent as other departments of the county.
(2) The county manager or elected county executive shall prepare an annual budget for the department of solid waste management and shall submit this budget to the county board of commissioners for approval.
(3) The county manager or the elected county executive shall appoint a director of the department of solid waste management in accordance with section 8(1) of Act No. 139 of the Public Acts of 1973, being section 45.558 of the Michigan Compiled Laws.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.584 - Solid Waste System; Acquisition, Construction, Improvement, Enlargement, or Extension; Operation and Maintenance; Acquisitions Outside Corporate Boundaries; Consent; Contract.

45.584 Solid waste system; acquisition, construction, improvement, enlargement, or extension; operation and maintenance; acquisitions outside corporate boundaries; consent; contract.
Sec. 4.
(1) A county that establishes a department of solid waste management under this act may acquire, construct, improve, enlarge, or extend a solid waste system within 1 or more areas of the county, and may operate and maintain the system. A county and a public or private corporation may contract for the construction, operation, and maintenance of a solid waste system by the corporation on behalf of the county.
(2) A county may acquire outside its corporate boundaries any part of a solid waste system that is determined by the board of commissioners to be necessary for the purpose of collecting, transporting, recycling, processing, storing, or disposing, by treatment, incineration, or otherwise, of the county's solid waste, but only if the acquisition is consistent with the solid waste management plan for the county in which the portion of the solid waste management system being acquired is located.
(3) A county may acquire, for the purpose of providing solid waste disposal services, any part of a solid waste system in 1 or more public corporations outside its corporate boundaries. However, the acquisition shall be consistent with the solid waste management plan of the county in which the portion of the solid waste system being acquired is located. Before making an acquisition under this subsection, a county shall obtain the consent of each public corporation in the county where part of the system is to be located or that is to be served by part of the system through resolution of the governing body of the public corporation or through a contract with the public corporation.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.585 - Solid Waste Service; Consent of Public Corporation.

45.585 Solid waste service; consent of public corporation.
Sec. 5.
A county shall not furnish solid waste service to any users within a public corporation without the consent of the public corporation.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.586 - Financing and Contracts; Resolution; Merger.

45.586 Financing and contracts; resolution; merger.
Sec. 6.
For a public corporation that is a county, the establishment of a solid waste system, the method of financing the system, and all contracts relating to the financing, acquisition, operation, maintenance, and administration of the system, including all contracts between the county and a public corporation, including itself, relating to the system, shall be approved by a resolution adopted by a majority of the members elect of the county board of commissioners. The department of solid waste management may, as provided in the resolution of the county board of commissioners, acquire the system or make improvements and improve, enlarge, extend, operate, and maintain the system, subject to any restrictions placed on the department by the county board of commissioners in a resolution or by this act. A county may merge 2 or more systems established by that county by resolution adopted by a majority of the members elect of its county board of commissioners. After such a resolution is adopted, the merged system may be improved, enlarged, extended, operated, and maintained under this section as a single system serving the total areas of the separate systems. However, a merger under this subsection does not affect either the rights or obligations acquired by a public corporation under contract with respect to an established system or the security of bonds or the prompt payment of the principal of or the interest on the bonds.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.587 - Methods of Financing.

45.587 Methods of financing.
Sec. 7.
The acquisition, improvement, enlargement, or extension of a solid waste system under this act may be financed by 1 or more of the following methods:
(a) The issuance of revenue bonds under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or any other applicable act.
(b) The issuance of bonds in anticipation of payments to become due under 1 or more contracts whereby 1 or more public corporations, including the county itself, agree to pay to the county certain sums toward the cost of the acquisition, improvement, enlargement, or extension of a system instituted under this act.
(c) Through money advanced by a county under agreements with 1 or more public corporations for the repayment of the money.
(d) Through money advanced, periodically, before or during construction of a system, by a public corporation, in which event the county shall reimburse the corporation, with interest not to exceed 10% per annum or without interest as may be agreed, when funds are available. The obligation of the county to make this reimbursement may be evidenced by a contract or note that may be made payable out of the payments to be made by public corporations under a contract described in section 9 or 13, out of the proceeds of bonds issued pursuant to this act by the county, or out of any other available money. However, the contract or note shall not be considered an obligation within the meaning of the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989 ;-- Am. 2002, Act 238, Imd. Eff. Apr. 29, 2002
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.588 - Bonds Generally.

45.588 Bonds generally.
Sec. 8.
Bonds issued under this act shall be authorized by a resolution or ordinance adopted by the county board of commissioners. The county board of commissioners may, by a majority vote of its members elect, pledge the full faith and credit of the county for the prompt payment of the principal of and interest on any bonds, including revenue bonds, issued pursuant to this act. If it becomes necessary for the county to advance money, other than its share of the cost of the project for the payment of principal and interest, then the county is entitled to reimbursement from any surplus from time to time existing in the fund from which the principal and interest are primarily payable. If the full faith and credit of the county are pledged for the payment of principal of and interest on any bonds issued pursuant to this act, the county may, in the case of insufficiency of funds primarily pledged for the payment, pay the principal and interest from its general fund or levy taxes, but not in excess of the rate or amount necessary to make up the deficiency and not in excess of, or contrary to, constitutional limitations. The bonds shall be issued in the name of the county and shall be executed by the manual or facsimile signatures of the chairperson of the county board of commissioners and the county clerk, and the seal of the county shall be impressed or imprinted on the bonds. The bonds issued under this act shall be negotiable instruments and shall have a last maturity date of not more than 40 years. The bonds shall be issued pursuant to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, and in all cases where required by article IX of the constitution of 1963, shall be subject to a vote of the people. Bonds issued under this act are exempt from all taxation by this state or by any taxing authority within the state.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989 ;-- Am. 2002, Act 238, Imd. Eff. Apr. 29, 2002
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.590 - Special Assessment Roll; Objection to Special Assessment District.

45.590 Special assessment roll; objection to special assessment district.
Sec. 10.
If a public corporation other than a county that has established a department of solid waste management under this act elects to raise money to pay all or any portion of its share of the cost of a system by assessing the cost of the system upon benefited lands, its governing body shall make this determination by resolution and fix the district for the assessment. The governing body shall then cause a special assessment roll to be prepared and thereafter the proceedings in respect to the special assessment roll and the making and collection of the special assessments shall be in accordance with the provisions of the statute or charter governing special assessments in the public corporation. However, the total assessment may be divided into any number of installments not exceeding 30. A person assessed has the right at the hearing upon the special assessment roll to object to the special assessment district previously established, and due consideration shall be given to the objections.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.591 - Validity of Bonds or Notes.

45.591 Validity of bonds or notes.
Sec. 11.
A county or a public corporation, including the county, shall not contest the validity of bonds or notes issued by the county under this act or a contract that provides the security for the bonds or notes after the bonds or notes have been sold and delivered and the county has received the consideration for the bonds or notes.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.592 - Acquisition of Tangible or Intangible Property, Rights, or Processes.

45.592 Acquisition of tangible or intangible property, rights, or processes.
Sec. 12.
(1) A county may acquire tangible or intangible property, rights, or processes, within its corporate limits, for a solid waste system by purchase, grant, assignment, construction, lease, gift, devise, or condemnation and may hold, manage, control, sell, grant, assign, exchange, or lease the property, rights, or processes. For the purpose of condemnation, the county may proceed as provided in section 16.
(2) A county may acquire tangible or intangible property, rights, or processes outside its corporate limits for a solid waste system by purchase, grant, assignment, construction, lease, gift, or devise, but only if the acquisition is consistent with the solid waste management plan of the county in which the property, rights, or processes are located. Following the acquisition, the county may hold, manage, control, sell, grant, assign, exchange, or lease the property, rights, or processes.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.593 - Contract for Furnishing Solid Waste Services to Public Corporation; Charges Subject to Increase; Contract for Purchase or Sale of Solid Waste Services or Acquisition, Operation, Management, or Use of Solid Waste Systems; Term of Contract; Contract as General Obligation of Public Corporation.

45.593 Contract for furnishing solid waste services to public corporation; charges subject to increase; contract for purchase or sale of solid waste services or acquisition, operation, management, or use of solid waste systems; term of contract; contract as general obligation of public corporation.
Sec. 13.
A county and 1 or more public corporations, either within or outside of the county, may contract for the furnishing of solid waste services by the county to the public corporation or corporations. Charges specified in a contract entered into under this section are subject to increase by the county for the purposes, in the manner, and at the time or times set forth in the contract. A county and a public or private corporation may enter into a contract for the purchase by the county from or for the sale by the county to the corporation of solid waste services or for any aspect of the acquisition, operation, management, or use of 1 or more solid waste systems. A contract authorized under this section shall be for a period not to exceed 50 years. A contract authorized under this section is a general obligation of the public corporation, and each public corporation may raise money to pay its obligations under the contract by any method provided in section 9(2).
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.594 - Cost of System.

45.594 Cost of system.
Sec. 14.
The following may be included as part of the cost of a system funded under this act:
(a) Engineering fees.
(b) Legal fees.
(c) Administration expenses before and during the period of construction.
(d) Feasibility study costs.
(e) Grant application costs.
(f) Financing costs.
(g) A reasonable amount for contingencies or reserves, or both.
(h) Interest on bonds to be issued.
(i) Expenses of operation and management.
(j) Other costs incident to the acquisition and financing of the project.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.595 - Failure to Pay County; Notice; Deduction or Transfer of Money; Legal Remedies for Reimbursement.

45.595 Failure to pay county; notice; deduction or transfer of money; legal remedies for reimbursement.
Sec. 15.
(1) A contract made under this act may provide that if a public corporation fails to pay to a county an amount required to be paid under the contract when due, then the county treasurer shall notify the state treasurer, or other appropriate disbursing official, who shall deduct the amount from money in the treasurer's possession belonging to the public corporation that is not pledged to the payment of debts. Upon the giving of notice in writing to the state treasurer, a public corporation itself may authorize, in a contract with a county, the deduction and transfer of money derived from unrestricted state funds returnable to the public corporation.
(2) The right of deduction given by this act does not limit the county's right to pursue other legal remedies for the reimbursement of money paid by the county under this act on behalf of a public corporation other than the county. The county board of commissioners of a county that pays money on behalf of a public corporation under this act and that is not reimbursed for the payment may order the public corporation and its officers to levy upon its next tax roll an amount sufficient to make the reimbursement on or before the date when its taxes become delinquent. The public corporation and its tax levying and collecting officials shall levy and collect the taxes that are ordered and reimburse the county.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 186 of 1989 - County Department of Solid Waste Management Act (45.581 - 45.596) › Section 45.596 - Proceedings to Take Private Property.

45.596 Proceedings to take private property.
Sec. 16.
(1) A county may take private property within its corporate boundaries that is necessary for a purpose within the scope of this act for the use or benefit of the public and may institute proceedings for that purpose.
(2) Proceedings to take private property under subsection (1) shall be commenced under the uniform condemnation procedures act, Act No. 87 of the Public Acts of 1980, being sections 213.51 to 213.77 of the Michigan Compiled Laws, whenever the county, by resolution of its board of commissioners, determines that it is necessary to take certain private property for a designated public improvement and that the improvement is for the use or benefit of the public.
History:
1989, Act 186, Imd. Eff. Aug. 24, 1989
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.621 - Short Title.

45.621 Short title.
Sec. 1.
This act shall be known and may be cited as the "county juvenile agency act".
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.622 - Definitions.

45.622 Definitions.
Sec. 2.
As used in this act:
(a) "County juvenile agency" means a county that has approved a resolution in accordance with section 3.
(b) "County juvenile agency services" means that term as defined in section 117a of the social welfare act, 1939 PA 280, MCL 400.117a.
(c) "Juvenile" means an individual who is any of the following:
(i) Within or likely to come within the jurisdiction of the court for the county under section 2(a) or (d) of chapter XIIA of 1939 PA 288, MCL 712A.2.
(ii) Within the jurisdiction of the circuit court in the county under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606.
(d) "Juvenile justice service" means that term as defined in section 117a of the social welfare act, 1939 PA 280, MCL 400.117a.
(e) "Public ward" means that term as defined in section 2 of the youth rehabilitation services act, 1974 PA 150, MCL 803.302.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.623 - County Juvenile Agency; Resolution; Approval; Adoption; Powers and Duties of County.

45.623 County juvenile agency; resolution; approval; adoption; powers and duties of county.
Sec. 3.
(1) A majority of the board of commissioners of a county may approve a resolution authorizing the county to become a county juvenile agency.
(2) Subject to subsection (3), the county shall become a county juvenile agency on October 1 following adoption of the resolution.
(3) A resolution under this section is not effective until the county and the state enter into a written agreement containing all of the following:
(a) Outcome criteria and reporting requirements necessary to comply with all applicable federal regulations.
(b) An agreement that any federal penalty related to the county juvenile agency's failure to meet the outcome criteria and reporting requirements necessary to comply with applicable federal regulations are the county's obligation.
(c) Authorization for the state to offset the federal penalties described in subdivision (b) against amounts due to the county from distributions of the county block grant authorized under section 117a(4)(b) of the social welfare act, 1939 PA 280, MCL 400.117a.
(4) Becoming a county juvenile agency under this act constitutes an exercise of the county's option to provide a new activity or service or to increase the level of activity or service offered beyond that required by existing law as of the effective date on which the county becomes a county juvenile agency, as the elements of that option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the county of all expenses and capital improvements initiated and approved by the county that may result from becoming a county juvenile agency. This subsection applies only for the period during which the county is a county juvenile agency.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.624 - Resolution of Approval; Revocation by Subsequent Resolution.

45.624 Resolution of approval; revocation by subsequent resolution.
Sec. 4.
(1) A majority of the board of commissioners who approved a resolution under section 3 may revoke it by a subsequent resolution adopted before December 31.
(2) Except as otherwise provided, revocation is effective October 1 of the next year. If a county revokes authorization within 5 years after it becomes a county juvenile agency under section 3, the revocation is not effective until the earlier of the following:
(a) October 1 of the fifth year after the year in which the county became a county juvenile agency.
(b) October 1 of the state fiscal year for which the state fails to appropriate the amount required to be distributed to the county under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and for which a loan has not been authorized for the deficiency under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, on terms acceptable to the county.
(3) The county shall cease to be a county juvenile agency on the effective date of the resolution.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.625 - Request by County Executive, Chief Executive Officer, or Manager Required.

45.625 Request by county executive, chief executive officer, or manager required.
Sec. 5.
(1) The board of commissioners of a county that has adopted a charter under 1966 PA 293, MCL 45.501 to 45.521, shall not proceed under section 3 or 4 unless requested by the county executive or chief administrative officer.
(2) The board of commissioners of a county that has adopted an optional unified form of county government under 1973 PA 139, MCL 45.551 to 45.573, shall not proceed under section 3 or 4 unless requested by the county executive or county manager.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.626 - Applicability of Act; Eligibility Requirements.

45.626 Applicability of act; eligibility requirements.
Sec. 6.
This act does not apply to a county unless that county is eligible for a transfer of title IV-E funds from the state under the waiver granted in 1997 by the United States department of health and human services for part 3 of the family independence agency's request under the child welfare demonstration project.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.627 - County Juvenile Agency; Powers and Duties.

45.627 County juvenile agency; powers and duties.
Sec. 7.
(1) A county juvenile agency shall provide or contract for provision of all of the following:
(a) An effective program of supervision and care for juveniles committed to the county juvenile agency by the family division of circuit court or court of general criminal jurisdiction.
(b) Appropriate county juvenile agency services.
(c) Appropriate services and facilities necessary for public wards it is responsible for.
(2) A county juvenile agency may do any of the following:
(a) Operate training schools or programs, halfway houses, youth camps, diagnostic centers, detention facilities, short-term treatment centers, group homes, or other facilities.
(b) Provide institutional care, boarding care, halfway house care, supervision in the community, or other juvenile programs or services.
(c) Obtain appropriate services from state, local, or private agencies, if those services meet all applicable state and local government licensing standards.
(d) Provide appropriate juvenile justice services to any juvenile.
(3) Except as otherwise provided, a county juvenile agency shall pay the providers of services or materials for which it has contracted within 45 days after receiving a request for payment as provided in the contract.
(4) A county juvenile agency shall negotiate with providers for prepayment contract clauses that do not exceed 33%.
(5) Unless a county juvenile agency has negotiated a different prepayment contract clause as provided in subsection (4), payments for residential care services shall be not less than 1/4 of the anticipated total cost when care is first provided, not less than 1/4 of the anticipated total cost when 1/3 of the care is provided, not less than 1/4 of the anticipated total cost when 2/3 of the care is provided, and the balance owed when care is completed.
(6) If 1 or more appropriate juvenile residential care providers located or doing business in this state have bed space available, a county juvenile agency shall use that space rather than a space available by a provider located or doing business in another state. This requirement does not apply if the provider located or doing business in another state offers a specialized program that is not available in this state.
(7) A county juvenile agency shall not use religion, race, color, national origin, or sex as a criterion for discriminating against or granting preferential treatment in contracting with providers.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.628 - Maintenance of Block Grant Account.

45.628 Maintenance of block grant account.
Sec. 8.
A county shall maintain the account for the county juvenile agency's block grant under section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, separately from all other accounts of the county's funds. Expenditures of those funds shall be shown as separate line items or appropriations in the county's budget.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.629 - Annual State Audit.

45.629 Annual state audit.
Sec. 9.
An annual state audit shall be conducted of all state money provided to a county for programs under this act as a county juvenile agency to insure the funds are expended as provided by law.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.630 - Placement of Public Wards and Juveniles.

45.630 Placement of public wards and juveniles.
Sec. 10.
When a county becomes a county juvenile agency as provided in section 3, public wards and juveniles transferred to the county juvenile agency's responsibility shall remain in their existing placements, under the same terms and conditions, until the court approves a change in placement.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999
2023 Michigan Compiled Laws › Chapter 45 - Counties › Act 518 of 1998 - County Juvenile Agency Act (45.621 - 45.631) › Section 45.630a - County as Successor Employer; Conditions of Employment.

45.630a County as successor employer; conditions of employment.
Sec. 10a.
If the county assumes the operation of any facility operated by the family independence agency, the county shall be a successor employer. Employees under a successor employer agreement shall not be placed in any worse position with respect to worker's compensation, pension, seniority, wages, sick leave, vacation, health and welfare insurance, or any other terms and conditions of employment that the employee enjoyed as a family independence agency employee. This provision shall also apply if the county leases such a facility to a private agency or a public agency other than the state.
History:
1998, Act 518, Imd. Eff. Jan. 12, 1999