HB-5313, As Passed House, December 13, 2012HB-5313, As Passed Senate, December 12, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5313

A bill to amend 1973 PA 139, entitled

"An act to provide forms of county government; to provide for

county managers and county executives and to prescribe their powers

and duties; to abolish certain departments, boards, commissions,

and authorities; to provide for transfer of certain powers and

functions; to prescribe powers of a board of county commissioners

and elected officials; to provide organization of administrative

functions; to transfer property; to retain ordinances and laws not

inconsistent with this act; to provide methods for abolition of a

unified form of county government; and to prescribe penalties and

provide remedies,"

(MCL 45.551 to 45.573) by adding section 4a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 4a. (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 be posted on a publicly accessible internet site and

shall be submitted to the department. At a minimum, the

transportation employee compensation plan shall 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 be 3.0%.

This subparagraph does not apply to years of service accrued prior

to September 30, 2013, or to contracts entered into prior to

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 not include more than

a total of 240 hours of paid leave. Overtime hours shall 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 September 30, 2013, or to contracts

entered into prior to September 30, 2013.

(iv) Health care premium costs for new transportation employee

hires shall include a minimum transportation employee share of 20%;

or, an employer's share of the local health care plan costs shall

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 a

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 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.

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 in a

county that adopts an optional unified form of county government

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.

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.