HB-4315, As Passed Senate, October 26, 2005

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 4315

 

 

 

 

 

 

 

 

 

 

 

     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 provided under subsection (4)

 

or (5), 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.  , except as provided in subsection (2). In the first

 


House Bill No. 4315 as amended October 26, 2005

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. <<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  

 

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.