HOUSE BILL No. 5885


     April 11, 2002, Introduced by Rep. Rocca 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 com-
   missioners with respect to county and regional parks and recre-
   ation commissions,"

   by amending section 1 (MCL 46.351), as amended by 2000 PA 496.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 1.  (1) The county board of commissioners of a county,

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        by resolution adopted by a 2/3 vote of all its members, may

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        create a county parks and recreation commission, which shall be

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        under the general control of the board of commissioners.

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             (2) The county parks and recreation commission shall consist

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        of the following 10 members:

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             (a) The chairperson of the county road commission or another

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        road commissioner designated by the board of county road

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        commissioners.


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             (b) The county drain commissioner.

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             (c) One of the following:

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             (i) In a county that elects a county executive under section

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        9 of 1973 PA 139, MCL 45.559, the county executive or a designee

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        of the county executive.

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             (ii) In a county with a population of 1,000,000 or less, the

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        chairperson of the county planning commission or another member

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        of the county planning commission designated by the county plan-

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        ning commission.  In a county that does not have a county plan-

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        ning commission, the chairperson of the regional planning commis-

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        sion shall serve on the county parks and recreation commission if

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        that person is a resident of that county.  If the chairperson of

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        the regional planning commission is not a resident of that

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        county, then the board shall, by a 2/3 vote, appoint a member of

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        the regional planning commission who is a resident of that county

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        to serve on the county parks and recreation commission.

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             (d) Seven members appointed by the county board of commis-

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        sioners, not less than 1 and not more than 3 of whom shall be

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        members of the board of commissioners.  AT LEAST 1 OF THE 7 MEM-

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        BERS APPOINTED SHALL BE AN OFFICER OF A HOMEOWNERS OR PROPERTY

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        OWNERS ASSOCIATION THAT IS LOCATED WITHIN 1/2 MILE FROM THE PROP-

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        ERTY BOUNDARY OF THE MOST FREQUENTLY USED COUNTY PARK WHO IS

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        WILLING TO SERVE ON THE COUNTY PARKS AND RECREATION COMMISSION.

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        IF A HOMEOWNERS OR PROPERTY OWNERS ASSOCIATION IS NOT LOCATED

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        WITHIN THAT 1/2-MILE AREA OR NO OFFICER IS WILLING TO SERVE, THEN

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        AT LEAST 1 OF THE 7 MEMBERS APPOINTED SHALL BE A RESIDENT WITHIN

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        THAT 1/2-MILE AREA WHO IS WILLING TO SERVE ON THE COUNTY PARKS



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        AND RECREATION COMMISSION.  IF NO RESIDENT LIVES WITHIN THAT

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        1/2-MILE AREA OR NO RESIDENT IS WILLING TO SERVE, THEN AT LEAST 1

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        OF THE 7 MEMBERS APPOINTED SHALL BE A RESIDENT OF THE CITY, VIL-

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        LAGE, OR TOWNSHIP IN WHICH THE PARK IS LOCATED WHO IS WILLING TO

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        SERVE ON THE COUNTY PARKS AND RECREATION COMMISSION.

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             (3) Of the members first appointed by the county board of

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        commissioners, 2 shall be appointed for a term ending 1 year from

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        the following January 1, 2 for a term ending 2 years from the

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        following January 1, and 3 for a term ending 3 years from the

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        following January 1.  From then on, each appointed member shall

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        be appointed for a term of 3 years and until his or her successor

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        is appointed and qualified.  Each term shall expire at noon on

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        January 1.  A vacancy shall be filled by the county board of com-

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        missioners for the unexpired term.

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             (4) The county parks and recreation commission is an agency

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        of the county.  The county board of commissioners may make rules

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        and regulations with respect to the county parks and recreation

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        commission as the board of commissioners considers advisable.

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        The members of the county parks and recreation commission are not

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        full-time officers.  , and the  THE COUNTY board of commissioners

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        shall fix the compensation of the members.















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