POWERS OF COUNTY RD COMMISSIONERS S.B. 269 & 270:
COMMITTEE SUMMARY
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Senate Bills 269 and 270 (as introduced 2-22-07)
Sponsor: Senator John J. Gleason (S.B. 269)
Senator Jud Gilbert, II (S.B. 270)
Committee: Transportation
Date Completed: 5-20-08
CONTENT
Senate Bills 269 and 270 would amend the county road law and Public Act 156 of 1851, respectively, to allow the county board of commissioners of a county with a population under 1.0 million to pass a resolution transferring the powers, duties, and functions otherwise provided by law for an appointed board of county road commissioners to the county board of commissioners.
The bills are described in more detail below.
Senate Bill 269
Under the bill, except for a county with a population of 1.0 million or more or as provided under Section 6(5), the powers, duties, and functions that are otherwise provided by law for an appointed board of county road commissioners could be transferred to the county board of commissioners by a resolution as allowed under Section 11 of Public Act 156 of 1851. The county board of commissioners would be authorized to receive and spend funds as allowed under the Michigan Transportation Fund law.
(Section 11 of Public Act 156 would be amended by Senate Bill 270. Under Section 6(5) of the county road law, a county with a population of 1.5 million or more may amend its charter to reorganize the powers and duties of a board of county road commissioners.)
Under the county road law, in a county where the county road system is adopted, except as provided under this law, a board of county road commissioners must be elected. Under the bill, this would apply except as provided by law, current provisions of the county road law, or the bill. (The county road law provides that the election of county road commissioners is not mandatory in any county that contains all or part of 12 surveyed townships. In such a county (except as provided in Section 6(5), the county board of commissioners may appoint the county road commissioners.)
Senate Bill 270
Public Act 156 of 1851 pertains to duties of county boards of commissioners. The bill would allow a county board of commissioners, by majority vote of the members elected and serving, to pass a resolution that transferred the powers, duties, and functions that are otherwise provided by law for an appointed board of county road commissioners to the county board of commissioners. This would apply except as otherwise provided by law.
The appointed board of county road commissioners would be dissolved on the date specified in the resolution.
MCL 224.6 (S.B. 269)
46.11 (S.B. 270) Legislative Analyst: Craig Laurie
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Fiscal Analyst: David Zin
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb269&270/0708