HB-4967, As Passed House, August 13, 2003

HOUSE BILL No. 4967

July 16, 2003, Introduced by Reps. Rocca, Accavitti, Bieda, Palmer and Gieleghem.

A bill to amend 1965 PA 261, entitled

"An act to authorize the creation and to prescribe the powers and

duties of county and regional parks and recreation commissions;

and to prescribe the powers and duties of county boards of

commissioners with respect to county and regional parks and

recreation commissions,"

by amending section 1 (MCL 46.351), as amended by 2000 PA 496.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) The county board of commissioners of a county,

2 by resolution adopted by a 2/3 vote of all its members, may

3 create a county parks and recreation commission, which shall be

4 under the general control of the board of commissioners.

5 (2) The county parks and recreation commission shall consist

6 of the following 10 members:

7 (a) The chairperson of the county road commission or another

8 road commissioner designated by the board of county road

9 commissioners.

1 (b) The county drain commissioner.

2 (c) One of the following:

3 (i) In a county that elects a county executive under section

4 9 of 1973 PA 139, MCL 45.559, the county executive or a designee

5 of the county executive.

6 (ii) In a county with a population of 1,000,000 or less, the

7 chairperson of the county planning commission or another member

8 of the county planning commission designated by the county

9 planning commission. In a county that does not have a county

10 planning commission, the chairperson of the regional planning

11 commission shall serve on the county parks and recreation

12 commission if that person is a resident of that county. If the

13 chairperson of the regional planning commission is not a resident

14 of that county, then the board shall, by a 2/3 vote, appoint a

15 member of the regional planning commission who is a resident of

16 that county to serve on the county parks and recreation

17 commission.

18 (d) Seven members appointed by the county board of

19 commissioners, not less than 1 and not more than 3 of whom shall

20 be members of the board of commissioners.

21 (e) For counties with a population greater than 750,000 but

22 less than 1,000,000, the county board of commissioners shall

23 appoint a neighborhood representative. The appointee under this

24 subdivision shall be an officer of the homeowners or property

25 owners association that represents the largest area

26 geographically that is located totally or partially within 1,000

27 feet of the property boundary of the most frequently used county

House Bill No. 4967 as amended August 13, 2003

1 park who is willing to serve on the county parks and recreation

2 commission. If a homeowners or property owners association is

3 not located within 1,000 feet of that park or no officer is

4 willing to serve, then the appointee shall be a resident who

5 lives within 1/2 mile of that park and who is willing to serve on

6 the county parks and recreation commission. If no resident lives

7 within 1/2 mile of that park or no resident is willing to serve,

8 then the appointee shall be a resident of the city, village, or

9 township in which that park is located who is willing to serve on

10 the county parks and recreation commission. The first

11 appointment under this subdivision shall be made not [more than 60]

12 days from the effective date of the amendatory act that added

13 this subdivision or not [more than 60] days from the date a county

14 qualifies for an appointment under this subdivision.

15 (3) Of the members first appointed by the county board of

16 commissioners, 2 shall be appointed for a term ending 1 year from

17 the following January 1, 2 for a term ending 2 years from the

18 following January 1, and 3 for a term ending 3 years from the

19 following January 1. The first member appointed by a qualifying

20 county under subdivision (e) shall be appointed for a term ending

21 2 years from the following January 1. From then on, each

22 appointed member shall be appointed for a term of 3 years and

23 until his or her successor is appointed and qualified. Each term

24 shall expire at noon on January 1. A vacancy shall be filled by

25 the county board of commissioners for the unexpired term.

26 (4) The county parks and recreation commission is an agency

27 of the county. The county board of commissioners may make rules