HB-4315, As Passed House, June 29, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4315

     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 highways 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; providing for the election or appointment and

defining the powers, duties, and compensation of state, county,

township, and district highway officials; and to prescribe

penalties and provide remedies,"

by amending section 6 of chapter IV (MCL 224.6), as amended by 1982

PA 299.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER IV

     Sec. 6. (1)  In any Except as provided under this section, in

a county where the county road system is adopted, a board of county

road commissioners consisting of not less than 3 members or more

than 5 members shall be elected by the people of the county.  ,

except as provided in subsection (2). In the first instance, the

The initial road commissioners shall be appointed by the county

board of commissioners or elected at a general or special election

called for that purpose, as  shall be ordered determined by the

county board of  commissoners commissioners. The county board of

commissioners may by resolution provide for staggered terms of

office for the road commissioners under this subsection or

subsection (6) so that not more than 2 road commissioners' terms of

office expire in the same year.

(2) If the road commissioners are appointed, they shall hold

office only until January 1 of the first odd numbered year

following the date of appointment. If the road commissioners are to

be elected at a general or special election, notice of the

election, embodying a copy of the resolutions of the county board

of commissioners, giving the number and terms of the office of the

road commissioners to be elected, shall be published by the clerk

in the newspaper or newspapers selected by the county board of

commissioners  as required by section 3 of this chapter.  If a

special election is called for the election of the road

commissioners, an identical notice shall be given by the clerk,

which notice shall be posted and published in those newspapers as

required by section 3 of this chapter.

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

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

Monday in November. The term of office of an elected county road

commissioner shall commence on January 1 in the year following his

or her election. The notice of the election shall be given at the

time notice is given of the general election of county officers.

However, the

(4) The election of county road commissioners shall not be

mandatory in any county  which that contains all or part of 12

surveyed townships  or more, either entire or fractional  as

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

or counties Except as provided under subsection (5), in a county

under this subsection the county board of commissioners,  may,  by

a majority of its members elect, may appoint the county road

commissioners.  , except as provided in subsection (2).  A county

road commissioner appointed  in that county under this subsection

shall not be removed from office before the expiration of his or

her term of office without being given  due  written notice of the

charges made against him or her and an opportunity to appear before

the county board of commissioners for a hearing on the charges.  In

any county in which the board of road commissioners consists on

August 28, 1929, of less than 3 members, the county board of

commissioners, at the first regular meeting of the board after

August 28, 1929, or at a special meeting called for that purpose,

shall appoint additional members as may be necessary. At the time

of the appointment, the county board of commissioners shall

designate the date of expiration of the initial term of each

commissioner appointed in that county, so that the term of a

commissioner shall expire on December 31 of each even year.

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

House Bill No. 4315 (H-2) as amended June 29, 2005

which that has adopted a charter under  Act No. 293 of the Public

Acts of 1966, being sections 45.501 to 45.521 of the Michigan

Compiled Laws 1966 PA 293, MCL 45.501 to 45.521, the powers and

duties  which that are otherwise provided by law for a board of

county road commissioners may be reorganized by amendment to the

charter. Funds provided to the county  pursuant to Act No. 51 of

the Public Acts of 1951, being sections 247.651 to 247.674 of the

Michigan Compiled Laws under 1951 PA 51, MCL 247.651 to 247.675,

shall only be expended for the purposes provided  for in Act No. 51

of the Public Acts of 1951 under 1951 PA 51, MCL 247.651 to

247.675.

     (6) The county board of commissioners may increase or decrease

the number of county road commissioners as allowed under this

section if the county [board of commissioners receives a resolution from

the county road commission requesting the increase or decrease.  The

county board of commissioners shall confirm or deny the resolution within 60 business days of receiving the resolution.  Should the county board of commissioners fail to act within 60 business days of receiving the resolution, the resolution shall not be considered agreed to by the county board of commissioners and it shall not take effect].