HOUSE BILL No. 5980


     June 30, 1998, Introduced by Reps. Hammerstrom, Voorhees, Scranton, Birkholz, Middleton, Jansen, London and Profit and referred to the Committee on Local Government.


        A bill to amend 1909 PA 283, entitled

   "An act to revise, consolidate, and add to the laws relating to
   the establishment, opening, discontinuing, vacating, closing,
   altering, improvement, maintenance, and use of the public high-
   ways and private roads; the condemnation of property and gravel
   therefor; the building, repairing and preservation of bridges;
   maintaining public access to waterways under certain conditions;
   setting and protecting shade trees, drainage, and cutting weeds
   and brush within this state; and providing for the election or
   appointment and defining the powers, duties, and compensation of
   state, county, township, and district highway officials,"

   by amending section 6 (MCL 224.6), as amended by 1982 PA 299.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 6.  (1) In  any  A county  where  IN WHICH the county

 2    road system is adopted, a board of county road commissioners con-

 3    sisting of 3 members shall be elected by the people of the

 4    county, except as provided in  subsection (2)  SUBSECTIONS (4)

 5    AND (5).





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 1         (2) In the first instance, the commissioners shall be

 2    appointed by the county board of commissioners or elected at a

 3    general or special election called for that purpose  , as shall

 4     be ordered  by the county board of  commissoners  COMMISSIONERS.

 5    If the road commissioners are appointed, they shall hold office

 6    only until January 1 of the first odd numbered year following the

 7    date of appointment.  If the road commissioners are to be elected

 8    at a general election, notice of the election, embodying a copy

 9    of the resolutions of the county board of commissioners, giving

10    the number and terms of the office of the road commissioners to

11    be elected, shall be published by the clerk in the newspaper or

12    newspapers selected by the county board of commissioners as

13    required by section 3 of this chapter.  If THE ROAD COMMISSIONERS

14    ARE TO BE ELECTED AT a special election,  is called for the elec-

15     tion of the road commissioners,  an identical notice shall be

16    given by the clerk, which notice shall be posted and published in

17    those newspapers as required by section 3 of this chapter.

18         (3) The regular election of county road commissioners shall

19    be held at the general election on the first Tuesday after the

20    first Monday in November.  The term of office of an elected

21    county road commissioner shall commence on January 1 in the year

22    following his or her election.  The notice of the election shall

23    be given at the time notice is given of the general election of

24    county officers.  However, the 

25         (4) THE election of county road commissioners  shall  IS not

26     be  mandatory in  any  A county  which  THAT contains 12

27    surveyed townships or more, either entire or fractional as



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 1    determined by the government survey of the county.  In such A

 2    county,  or counties  the county board of commissioners may, by a

 3    majority of its members elect, appoint  the  A BOARD OF county

 4    road commissioners CONSISTING OF 5 MEMBERS, except as provided in

 5    subsection  (2)  (5).  OF THE 5 COUNTY ROAD COMMISSIONERS

 6    APPOINTED BY THE COUNTY BOARD OF COMMISSIONERS UNDER THIS SUBSEC-

 7    TION, NOT LESS THAN 2 SHALL BE APPOINTED FROM A LIST OF 3 TO 5

 8    RESIDENTS OF THE COUNTY SUBMITTED BY THE MICHIGAN TOWNSHIPS ASSO-

 9    CIATION UPON THE RECOMMENDATION OF THE LOCAL TOWNSHIP OFFICIALS

10    IN THAT COUNTY.  THE COUNTY ROAD COMMISSIONERS APPOINTED FROM THE

11    LIST SUBMITTED BY THE MICHIGAN TOWNSHIPS ASSOCIATION UNDER THIS

12    SUBSECTION SHALL NOT BE ELECTED TOWNSHIP OFFICIALS. A county road

13    commissioner appointed in that county shall not be removed from

14    office before the expiration of his or her term of office without

15    being given due written notice of the charges made against him or

16    her and an opportunity to appear before the county board of com-

17    missioners for a hearing on the charges.  In any county in which

18     the board of road commissioners consists on August 28, 1929, of

19     less than 3 members, the county board of commissioners, at the

20     first regular meeting of the board after August 28, 1929, or at a

21     special meeting called for that purpose, shall appoint additional

22     members as may be necessary.  At the time of the appointment, the

23     county board of commissioners shall designate the date of expira-

24     tion of the initial term of each commissioner appointed in that

25     county, so that the term of a commissioner shall expire on

26     December 31 of each even year. 





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 1         (5)  (2)  In a county having a population of 1,500,000 or

 2    more  which  THAT has adopted a charter under  Act No. 293 of the

 3     Public Acts of 1966, being sections 45.501 to 45.521 of the

 4     Michigan Compiled Laws  1966 PA 293, MCL 45.501 TO 45.521, the

 5    powers and duties  which  THAT are otherwise provided by law for

 6    a board of county road commissioners may be reorganized by amend-

 7    ment to the charter.  Funds provided to the county pursuant to

 8     Act No. 51 of the Public Acts of 1951, being sections 247.651 to

 9     247.674 of the Michigan Compiled Laws  1951 PA 51, MCL 247.651 TO

10    247.675, shall only be expended for the purposes provided for in

11     Act No. 51 of the Public Acts of 1951  THAT ACT.


































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