HB-6325, As Passed House, September 13, 2006
August 9, 2006, Introduced by Reps. Taub, Stakoe and Garfield and referred to the Committee on Local Government and Urban Policy.
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 2003 PA 187.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) The county board of commissioners of a county, by
resolution adopted by a 2/3 vote of all its members, may create a
county parks and recreation commission, which shall be under the
general control of the board of commissioners.
(2) The county parks and recreation commission shall consist
of the following members:
(a) The chairperson of the county road commission or another
House Bill No. 6325 as amended September 12, 2006
road commissioner designated by the board of county road
commissioners.
(b) The county drain commissioner or, [
] a designee of the drain commissioner.
(c) One of the following:
(i) In a county that elects a county executive under section 9
of 1973 PA 139, MCL 45.559, the county executive or a designee of
the county executive.
(ii) In a county with a population of 1,000,000 or less, the
chairperson of the county planning commission or another member of
the county planning commission designated by the county planning
commission. In a county that does not have a county planning
commission, the chairperson of the regional planning commission
shall serve on the county parks and recreation commission if that
person is a resident of that county. If the chairperson of the
regional planning commission is not a resident of that county, then
the board shall, by a 2/3 vote, appoint a member of the regional
planning commission who is a resident of that county to serve on
the county parks and recreation commission.
(d) Seven members appointed by the county board of
commissioners, not less than 1 and not more than 3 of whom shall be
members of the board of commissioners.
(e) For counties with a population greater than 750,000 but
less than 1,000,000, the county board of commissioners shall
appoint a neighborhood representative. The appointee under this
subdivision shall be an officer of the homeowners or property
owners association that represents the largest area geographically
that is located totally or partially within 1,000 feet of the
property boundary of the most frequently used county park who is
willing to serve on the county parks and recreation commission. If
a homeowners or property owners association is not located within
1,000 feet of that park or no officer is willing to serve, then the
appointee shall be a resident who lives within 1/2 mile of that
park and who is willing to serve on the county parks and recreation
commission. If no resident lives within 1/2 mile of that park or no
resident is willing to serve, then the appointee shall be a
resident of the city, village, or township in which that park is
located who is willing to serve on the county parks and recreation
commission. The first appointment under this subdivision shall be
made
not more than 60 days from the effective date of the
amendatory
act that added this subdivision October
17, 2003 or not
more than 60 days from the date a county qualifies for an
appointment under this subdivision.
(3) Of the members first appointed by the county board of
commissioners, 2 shall be appointed for a term ending 1 year from
the following January 1, 2 for a term ending 2 years from the
following January 1, and 3 for a term ending 3 years from the
following January 1. The first member appointed by a qualifying
county
under subdivision (e) subsection (2)(e) shall be
appointed
for a term ending 2 years from the following January 1. From then
on, each appointed member shall be appointed for a term of 3 years
and until his or her successor is appointed and qualified. Each
term shall expire at noon on January 1. A vacancy shall be filled
by the county board of commissioners for the unexpired term.
(4) The county parks and recreation commission is an agency of
the county. The county board of commissioners may make rules and
regulations with respect to the county parks and recreation
commission as the board of commissioners considers advisable. The
members of the county parks and recreation commission are not full-
time officers. The county board of commissioners shall fix the
compensation of the members.