SENATE BILL No. 125

 

 

January 28, 2009, Introduced by Senators GLEASON and GILBERT and referred to the Committee on Transportation.

 

 

 

     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 2006

 

PA 598.

 

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 1,500,000 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. 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.