HOUSE BILL No. 5952


     September 26, 2000, Introduced by Rep. Rick Johnson and referred to the Committee on Local Government and Urban Policy.


        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 pre-
   scribe penalties for the violation of the provisions of this
   act,"

   by amending section 3 (MCL 46.3), as amended by 1998 PA 97.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 3.  (1) A majority of the members of the county board

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      of commissioners of a county  shall constitute  CONSTITUTES a

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      quorum for the transaction of the ordinary business of the

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      county.

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           (2)  Questions that arise at meetings of the  THE county

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      board of commissioners  shall be determined  OF A COUNTY SHALL

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      ACT by the votes of a majority of the members present.  However,

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      the final passage or adoption of a measure or resolution or the

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      allowance of a claim against the county shall be determined by a


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      majority of the members elected and serving.  The county board of

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      commissioners may require in its bylaws that the votes of 2/3 of

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      the members present or a majority of the members elected and

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      serving, whichever is greater, are required on final passage or

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      adoption of a nonagenda item.  The voting requirements of this

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      subsection do not apply if section 11 or any other provision of

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      law imposes a higher voting requirement.

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           (3)  When taking  TO TAKE the yeas and nays on a question to

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      be voted upon BY THE COUNTY BOARD OF COMMISSIONERS OF A COUNTY,

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      an electrical roll call system may be used.

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           (4) The county board of commissioners  at its first meeting

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      in each year shall choose  OF A COUNTY SHALL ELECT 1 member as

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      chairperson and 1 member as vice-chairperson.  THE CHAIRPERSON

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      SHALL BE ELECTED EACH ODD NUMBERED YEAR FOR A 2-YEAR TERM, UNLESS

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      THE COUNTY BOARD OF COMMISSIONERS PROVIDES BY RESOLUTION THAT THE

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      CHAIRPERSON SHALL BE ELECTED ANNUALLY FOR A 1-YEAR TERM.  THE

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      VICE-CHAIRPERSON SHALL BE ELECTED ANNUALLY FOR A 1-YEAR TERM.

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      THE ELECTION OF A CHAIRPERSON OR VICE-CHAIRPERSON SHALL TAKE

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      PLACE AT THE FIRST MEETING OF THE COUNTY BOARD OF COMMISSIONERS

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      IN A YEAR IN WHICH A CHAIRPERSON OR VICE-CHAIRPERSON, RESPECTIVE-

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      LY, IS TO BE ELECTED.  THE TERM OF A CHAIRPERSON OR

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      VICE-CHAIRPERSON SHALL BEGIN UPON HIS OR HER ELECTION.  A RESOLU-

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      TION PROVIDING FOR A 1-YEAR TERM FOR THE CHAIRPERSON DOES NOT

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      SHORTEN THE TERM OF OFFICE OF A SITTING CHAIRPERSON ELECTED FOR A

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      2-YEAR TERM.

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           (5) The chairperson shall preside at a meeting of the board,

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       during the year,  but if the chairperson is absent from a



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      meeting, the vice-chairperson shall preside.  A chairperson may

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      administer an oath to a person concerning a matter submitted to

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      the COUNTY board OF COMMISSIONERS or connected with the discharge

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      of its duties, may issue subpoenas for witnesses, and may compel

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      the attendance of a witness in the same manner as a court of

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      law.  The COUNTY board OF COMMISSIONERS may designate 1 member to

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      affix his or her signature to contracts, bonds, and other docu-

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      ments requiring the signature of the chairperson, if the chair-

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      person is unable to so do because of illness or other exigency

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      which, in the opinion of the board, prevents the chairperson from

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      performing the functions of the office.

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           (6)  (5)  A member of the COUNTY board OF COMMISSIONERS OF A

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      COUNTY, while a member of the board, is not eligible for election

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      to any other county office or position, the election of which is

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      within the jurisdiction of the county board of commissioners.

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           Enacting section 1.  This amendatory act takes effect

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      January 1, 2001.























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