March 7, 2006, Introduced by Reps. Gleason, Stakoe, Robertson, Zelenko, Hoogendyk, Drolet and Clack and referred to the Committee on Local Government and Urban Policy.
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 (MCL 224.6), as amended by 1982 PA 299.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6. (1) In any Except as otherwise
provided by law and
under subsection (4), (5), or (6), in a county where the county road
system is adopted, a board of county road commissioners consisting
of
3 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.
(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
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) Except for a county with a population of 1,000,000 or more
or as otherwise provided under subsection (5), the powers, duties,
and functions that are otherwise provided by law for a board of
county road commissioners may be transferred to the county board of
commissioners by a resolution as allowed under section 11 of 1851
PA 156, MCL 46.11. The county board of commissioners is authorized
to receive and expend funds as allowed under 1951 PA 51, MCL
247.651 to 247.675.