HOUSE BILL NO. 6094

May 10, 2022, Introduced by Reps. Howell and Allor and referred to the Committee on Transportation.

"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 sections 6 and 8 (MCL 224.6 and 224.8), section 6 as amended by 2020 PA 2 and section 8 as amended by 1994 PA 320.

the people of the state of michigan enact:

Sec. 6. (1) Except as otherwise provided by law and under subsection (4), (5), (7), or (8), 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 must be elected by the people of the county. The initial road commissioners must be appointed by the county board of commissioners or elected at a general or special election called for that purpose, as determined by the county board of commissioners. The county board of commissioners may by resolution provide for staggered terms of office for the road commissioners under this subsection 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, must be published by the clerk as required by section 3 of this chapter.

(3) The regular election of county road commissioners must 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 commences on January 1 in the year following his or her election. The notice of the election must be given at the time notice is given of the general election of county officers.

(4) The election of county road commissioners is not mandatory in any county that contains all or part of 12 surveyed townships as determined by the government survey of the county. Except as provided under subsection (5), in a county under this subsection the county board of commissioners, by a majority of its members elect, may appoint the county road commissioners. A county road commissioner appointed under this subsection must not be removed from office before the expiration of his or her term of office without being given 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. A county board of commissioners in a county under this subsection with an elected board of county road commissioners shall not transfer the powers, duties, and functions of the elected board of county road commissioners to an appointed board of county road commissioners unless both of the following occur:

(a) The county board of commissioners submits that question to the qualified and registered electors of the county at the next regular election to be held in the county.

(b) A majority of the qualified and registered electors of the county voting on the question vote in favor of transferring the powers, duties, and functions of the elected board of county road commissioners to an appointed board of county road commissioners.

(5) In a county having a population of 750,000 or more that has adopted a charter under 1966 PA 293, MCL 45.501 to 45.521, the powers and duties that are otherwise provided by law for a board of county road commissioners may be reorganized by amendment to the charter. In a county having a population of 750,000 or more with a charter commission proposing a charter under 1966 PA 293, MCL 45.501 to 45.521, the powers and duties that are otherwise provided by law for a board of county road commissioners may be reorganized under the charter if, at the election considering the approval of the charter, the voters approve both the charter and a separate ballot question presented by the charter commission to reorganize the board of county road commissioners. Funds provided to the county under 1951 PA 51, MCL 247.651 to 247.675, must only be expended for the purposes provided under 1951 PA 51, MCL 247.651 to 247.675.

(6) If the county board of commissioners proposes to alter the number of county road commissioners as allowed under this act, the county board of commissioners shall hold not less than 1 public hearing on the proposed change to the road commission. The county board of commissioners shall give notice as required under the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, of the time and place of the public hearing not less than 28 days before the hearing. The county board of commissioners shall also provide written notice of the hearing to the county road commission and, if available, by posting the notice on the county's website. The county board of commissioners may vote on whether to alter the number of county road commissioners at the meeting noticed under this subsection.

(7) Except as otherwise provided under subsection (5) and subject to the requirement provided in subsection (9), the powers, duties, and functions that are otherwise provided by law for an appointed 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 appointed board of county road commissioners of that county is dissolved on the date specified in the resolution adopted under this subsection, and the county board of commissioners is authorized to receive and expend funds as allowed under 1951 PA 51, MCL 247.651 to 247.675.

(8) Except as otherwise provided in subsection (5) and subject to the requirement provided in subsection (9), the county board of commissioners in a county with an elected board of county road commissioners may, by a resolution as allowed under section 11 of 1851 PA 156, MCL 46.11, submit to the qualified and registered electors of the county at the next regular election to be held in the county the question of transferring the powers, duties, and functions of the elected board of county road commissioners of that county to the county board of commissioners. If a majority of the qualified and registered electors of the county voting on the question vote in favor of transferring the powers, duties, and functions of the elected board of county road commissioners of that county to the county board of commissioners, the elected board of county road commissioners of that county is dissolved and the county board of commissioners is authorized to receive and expend funds as allowed under 1951 PA 51, MCL 247.651 to 247.675.

(9) Before adopting a resolution under subsection (7) or (8), the county board of commissioners shall conduct, at a minimum, 2 public hearings on whether to transfer the powers, duties, and functions of the board of county road commissioners to the county board of commissioners.

(10) Beginning January 1, 2024, in a county where county road commissioners are elected as provided under subsection (1), the county board of commissioners may provide by resolution that county road commissioners be elected to single-member districts. Within 60 days after the adoption of a resolution by the county board of commissioners under this subsection, the county apportionment commission, as described in section 3 of 1966 PA 261, MCL 46.403, shall establish single-member county road commission districts equal to the number of county road commissioners to be elected. The county apportionment commission shall use the latest official figures of the federal decennial census to establish boundary lines for the county road commission districts. The county road commission districts must be compact, contiguous, and as equal as possible in population. The county road commission districts must be in effect until reapportionment of the county road commission districts occurs under subsection (11).

(11) If single-member county road commission districts are established in a county as provided under subsection (10), beginning with the 2020 federal decennial census, after each decennial census the county apportionment commission shall reapportion the territory of the county to determine the boundary lines for the county road commission districts. The county road commission districts must be compact, contiguous, and as equal as possible in population.

(12) In a county where county road commissioners are appointed, the county apportionment commission may establish for future use single-member county road commission districts equal to the number of county road commissioners to be selected that comply with the requirements in subsection (10).

Sec. 8. (1) If Subject to subsection (4), if a vacancy occurs in the office of county road commissioner, the county board of commissioners shall appoint a county road commissioner to fill the vacancy. The Subject to the provisions of section 269 of the Michigan election law, 1954 PA 116, MCL 168.269, the county road commissioner who is appointed shall hold office for the unexpired portion of the term in which the vacancy occurs. Each county road commissioner shall hold office until his or her successor is elected or appointed and qualified.

(2) The county board of commissioners shall fix the compensation of county road commissioners.

(3) The county board of commissioners may authorize the participation of county road commissioners in an insurance or retirement program established under section 10a. Any such authorization granted by a county board of commissioners before this subsection was added is valid. The cost of participation in the insurance or retirement program shall must be paid by the county road commission from county road funds.

(4) If a vacancy occurs in a single-member district in the office of county road commissioner, the county board of commissioners shall appoint an individual from that district to fill the vacancy. The individual who is appointed shall hold office as provided under section 269 of the Michigan election law, 1954 PA 116, MCL 168.269. As used in this subsection, a vacancy occurs when a county road commissioner moves his or her residence outside of the single-member district that he or she represents or as otherwise provided in section 267 of the Michigan election law, 1954 PA 116, MCL 168.267.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6093 (request no. 05508'22 a) of the 101st Legislature is enacted into law.