The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5594 November 16, 1979 CONSTITUTION OF MICHIGAN: Art 9, Sec. 29 (obligation of the State to pay for a new activity or service required of units of local government) COUNTIES: Number of members on county department of public works COUNTY DEPARTMENT OF PUBLIC WORKS: Number of members Where a statute authorizes but does not require a county to establish a department of public works, the Legislature may provide for an increased number of members without paying for the additional cost to the county of providing more members. Honorable Donald H. Gilmer State Representative P.O. Box 30014 Lansing, Michigan 48909 1978 PA 580 amended 1957 PA 185, Sec. 2; MCLA 123.732; MSA 5.570(2), by changing the statutory number of members of a county department of public works from three, five or seven members to seven or nine members. The statute, however, does not require the county to establish a department of public works but, once established, the number of members is mandated by statute. You have therefore asked whether this change in membership is an increased activity or service under the provisions of Const 1963, art 9, Sec. 29, and if so, whether 1978 PA 580, supra, is constitutionally defective in that it fails to provide an appropriation to cover the additional costs. Const 1963, art 9, Sec. 29 was approved by the voters on November 7, 1978, by passage of Proposal E (the 'Headlee Amendment'). Proposal E added Secs. 25 through 34 and amended Sec. 6 of Const 1963, art 9. Const 1963, art 9, Sec. 29 provides as follows: 'The state is hereby prohibited from reducing the state financed proportion of the necessary costs of any existing activity or service required of units of Local Government by state law. A new activity or service or an increase in the level of any activity or service beyond that required by existing law shall not be required by the legislature or any state agency of units of Local Government, unless a state appropriation is made and disbursed to pay the unit of Local Government for any necessary increased costs. The provision of this section shall not apply to costs incurred pursuant to Article VI, Section 18.' [Emphasis added] 1957 PA 185, supra, authorizes but does not require a county to establish a department of public works. Const 1963, art 9, Sec. 29 requires state appropriation to finance a new activity or service or an increased level of activities or services; no state appropriation is mandated where the new or increased activities or services are not imposed upon a local governmental unit by the legislature. Frank J. Kelley Attorney General