Bill Text: MI SB0785 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Counties; boards and commissions; powers and duties of appointed county road commissioners to be exercised by the county board of commissioners; provide for. Amends sec. 6, ch. IV of 1909 PA 283 (MCL 224.6). TIE BAR WITH: SB 0784'11
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-11-01 - Referred To Committee On Local Government And Elections [SB0785 Detail]
Download: Michigan-2011-SB0785-Introduced.html
SENATE BILL No. 785
November 1, 2011, Introduced by Senator GLEASON and referred to the Committee on Local Government and Elections.
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 2009
PA 39.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 6. (1) Except as otherwise provided by law and under
subsection
(4), or (5), or (7), 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. 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 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, shall be published by the clerk
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.
(4) The election of county road commissioners shall not be
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 shall 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.
(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, shall 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 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 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 county board of commissioners is
authorized to receive and expend funds as allowed under 1951 PA 51,
MCL 247.651 to 247.675.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 784
of the 96th Legislature is enacted into law.
