HB-5333, As Passed House, December 10, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 5333

                                                                             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 30a (MCL 46.30a).                                       

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 30a.  (1) A member of the county board of commissioners                

2   of any county shall not receive or be eligible to receive  , or             

3   shall not receive,  an appointment from  ,  or be employed by an            

4   officer, board, committee, or other authority of  that the

5   county except as otherwise provided by law.                                 

6       (2) In case of an appointment or employment made in violation               

7   of this section, the person shall be removed from the appointment           

8   or employment and both the person making the appointment or                 

9   employment and the person appointed or employed  shall be liable            

1   for moneys paid to the person as salary, wages, or compensation             

2   in connection with the appointment or employment are responsible           

3   for the costs of enforcing this section not to exceed $100.00.              

4   In case the appointment or employment is made by a committee or             

5   board,  a each member of the committee or board at the time the            

6   appointment  was made or contract of employment entered into                

7   shall be liable or employment is responsible for the costs of              

8   enforcing this section not to exceed $100.00.  An action  for the           

9   recovery of salary, wages, or compensation paid in connection               

10  with any appointment or employment made in contravention of to             

11  enforce this section  ,  may be maintained by a taxpayer of the             

12  county.  The  moneys money recovered in the action shall be                

13  deposited in the county treasury to the credit of the general               

14  fund.                                                                       

15      (3) The prosecuting attorney of the county, upon the request                

16  of the taxpayer, shall prosecute the action in the taxpayer's               

17  behalf.                                                                     

18      (4) A member of the county board of commissioners accepting                 

19  an appointment or employment in violation of this section is                

20  guilty of a misdemeanor, punishable by a fine of not more than              

21  $100.00 or imprisonment for not more than 90 days, or both.  An             

22  officer or other official, or a member of a board or committee              

23  making an appointment or employment in violation of this section            

24  is guilty of a misdemeanor, punishable by imprisonment for not              

25  more than 90 days, or a fine of not more than $100.00, or both.             

26      (5) This act does not limit or prohibit the right of a member               

27  of the county board of commissioners of a county from becoming a            

1   candidate for an elective office at a general or special                    

2   election, or from accepting from the county board of                        

3   commissioners an office or appointment for which a salary is not            

4   paid for the services.  A member of the county board of                     

5   commissioners may act on a board of determination or as a special           

6   commissioner in connection with all drainage matters calling for            

7   a board of determination.  As used in this section, "salary",               

8   "wages", and "compensation" do not include per diem                         

9   compensation.                                                               

10      (6) This act does not prohibit a member of the county board                 

11  of commissioners of a county from accepting compensation as an              

12  administrator of the federal emergency employment program, 29               

13  U.S.C. USC 841 to 851, for that county.  This subsection shall            

14  apply to compensation received by a member for services rendered            

15  as an administrator under this subsection after July 12, 1971             

16  and  prior to before December 1, 1974.                                     

17  (7) This section does not apply to a county with a population               

18  of 25,000 or less for an appointment or employment that is                  

19  otherwise allowed by law.