Senate Introduced Bill 504























SENATE BILL NO. 504


   April 14, 1999, Introduced by Senators HAMMERSTROM, GAST, 
        DUNASKISS and JOHNSON and referred to the Committee on 
        Local, Urban and State Affairs.



        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 high-
   ways 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:

 1         Sec. 6.  (1) In  any  A county  where
              IN WHICH the county

 2    road system is adopted, a board of county road commissioners con-

 3    sisting of 3 members shall be elected by the people of the

 4    county, except as provided in  subsection (2) 
             SUBSECTIONS (4)

 5    AND (5).




   00116'99 *                                               FDD
             
                                   2

 1         (2) In the first instance, the commissioners shall be

 2    appointed by the county board of commissioners or elected at a

 3    general or special election called for that purpose  , as
             shall

 4     be ordered  by the county board of 
                       commissioners 

 5    COMMISSIONERS.  If the road commissioners are appointed, they

 6    shall hold office only until January 1 of the first odd numbered

 7    year following the date of appointment.  If the road commission-

 8    ers are to be elected at a general election, notice of the elec-

 9    tion, embodying a copy of the resolutions of the county board of

10    commissioners, giving the number and terms of the office of the

11    road commissioners to be elected, shall be published by the clerk

12    in the newspaper or newspapers selected by the county board of

13    commissioners as required by section 3 of this chapter.  If THE

14    ROAD COMMISSIONERS ARE TO BE ELECTED AT a special election, 
             is

15     called for the election of the road commissioners, 
                       an identical

16    notice shall be given by the clerk, which notice shall be posted

17    and published in those newspapers as required by section 3 of

18    this chapter.

19         (3) The regular election of county road commissioners shall

20    be held at the general election on the first Tuesday after the

21    first Monday in November.  The term of office of an elected

22    county road commissioner shall commence on January 1 in the year

23    following his or her election.  The notice of the election shall

24    be given at the time notice is given of the general election of

25    county officers.  However, the 

26         (4) THE election of county road commissioners  shall
              IS not

27     be  mandatory in  any  A county
              which  THAT contains 12



   00116'99 *

                                   3

 1    surveyed townships or more, either entire or fractional as

 2    determined by the government survey of the county.  In such A

 3    county,  or counties  the county board of
             commissioners may, by a

 4    majority of its members elect, appoint  the  A
             BOARD OF county

 5    road commissioners CONSISTING OF 5 MEMBERS, except as provided in

 6    subsection  (2)  (5).  OF THE 5 COUNTY ROAD
             COMMISSIONERS

 7    APPOINTED BY THE COUNTY BOARD OF COMMISSIONERS UNDER THIS SUBSEC-

 8    TION, NOT LESS THAN 2 SHALL BE APPOINTED FROM A LIST OF COUNTY

 9    RESIDENTS WHOSE NAMES WERE SUBMITTED BY THE TOWNSHIP BOARDS OF

10    THE TOWNSHIPS IN THAT COUNTY.  A TOWNSHIP BOARD MAY SUBMIT THE

11    NAME OF 1 RESIDENT OF THAT TOWNSHIP, WHO IS NOT AN ELECTED TOWN-

12    SHIP OFFICIAL, TO THE COUNTY BOARD OF COMMISSIONERS FOR INCLUSION

13    IN THE LIST OF COUNTY RESIDENTS. A county road commissioner

14    appointed in that county shall not be removed from office before

15    the expiration of his or her term of office without being given

16     due  written notice of the charges made against
             him or her and

17    an opportunity to appear before the county board of commissioners

18    for a hearing on the charges.  In any county in which the
             board

19     of road commissioners consists on August 28, 1929, of less
                       than 3

20     members, the county board of commissioners, at the first
                       regular

21     meeting of the board after August 28, 1929, or at a special
                       meet-

22     ing called for that purpose, shall appoint additional
                       members as

23     may be necessary.  At the time of the appointment, the
                       county

24     board of commissioners shall designate the date of
                       expiration of

25     the initial term of each commissioner appointed in that
                       county,

26     so that the term of a commissioner shall expire on December
                       31 of

27     each even year. 



   00116'99 *

                                   4

 1         (5)  (2)  In a county  having
              WITH a population of

 2    1,500,000 or more  which  THAT has adopted a
             charter under  Act

 3     No. 293 of the Public Acts of 1966, being sections 45.501 to

 4     45.521 of the Michigan Compiled Laws  1966 PA 293,
                       MCL 45.501 TO

 5    45.521, the powers and duties  which  THAT are
             otherwise provided

 6    by law for a board of county road commissioners may be reorga-

 7    nized by amendment to the charter.  Funds provided to the county

 8    pursuant to  Act No. 51 of the Public Acts of 1951, being
             sec-

 9     tions 247.651 to 247.674 of the Michigan Compiled Laws
                        1951

10    PA 51, MCL 247.651 TO 247.675, shall only be expended for the

11    purposes provided for in  Act No. 51 of the Public Acts of
             1951 

12    THAT ACT.
































   00116'99 *          Final page.                          FDD