February 24, 2004, Introduced by Reps. Hoogendyk and Lipsey 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 (MCL 224.6), as amended by 1982 PA 299.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6. (1) In
any Except as provided under subsection
2 (4) or (5), in a county where the county road system is adopted,
3 a board of county road commissioners consisting of not less than
4 3 members or more than 5 members shall be elected by the people
5 of the county. ,
except as provided in subsection (2). In the
6 first instance, the The initial road commissioners shall be
1 appointed by the county board of commissioners or elected at a
2 general or special
election called for that purpose, as shall be
3 ordered determined by the county board of commissoners
4 commissioners.
5 (2) If the road commissioners are appointed, they shall hold
6 office only until January 1 of the first odd numbered year
7 following the date of appointment. If the road commissioners are
8 to be elected at a general or special election, notice of the
9 election, embodying a copy of the resolutions of the county board
10 of commissioners, giving the number and terms of the office of
11 the road commissioners to be elected, shall be published by the
12 clerk in the
newspaper or newspapers selected by the county
13 board of commissioners
as required by section 3 of this
14 chapter. If a
special election is called for the election of
15 the road commissioners,
an identical notice shall be given by the
16 clerk, which notice
shall be posted and published in those
17 newspapers as required
by section 3 of this chapter.
18 (3) The regular election of county road commissioners shall
19 be held at the general election on the first Tuesday after the
20 first Monday in November. The term of office of an elected
21 county road commissioner shall commence on January 1 in the year
22 following his or her election. The notice of the election shall
23 be given at the time notice is given of the general election of
24 county officers. However,
the
25 (4) The election of county road commissioners shall not be
26 mandatory in any county which
that contains all or part of 12
27 surveyed townships or
more, either entire or fractional as
1 determined by the
government survey of the county. In such
2 county or counties Except as provided under subsection (5), in a
3 county under this subsection the county board of commissioners,
4 may, by a majority of its members elect, may
appoint the county
5 road commissioners.
, except as provided in subsection (2). A
6 county road commissioner
appointed in that county under this
7 subsection shall not be removed from office before the expiration
8 of his or her term of
office without being given due written
9 notice of the charges made against him or her and an opportunity
10 to appear before the county board of commissioners for a hearing
11 on the charges. In
any county in which the board of road
12 commissioners consists
on August 28, 1929, of less than 3
13 members, the county
board of commissioners, at the first regular
14 meeting of the board
after August 28, 1929, or at a special
15 meeting called for
that purpose, shall appoint additional members
16 as may be necessary.
At the time of the appointment, the county
17 board of commissioners
shall designate the date of expiration of
18 the initial term of
each commissioner appointed in that county,
19 so that the term of a
commissioner shall expire on December 31 of
20 each even year.
21 (5) (2) In
a county having a population of 1,500,000 or
22 more which that
has adopted a charter under Act No. 293 of the
23 Public Acts of 1966,
being sections 45.501 to 45.521 of the
24 Michigan Compiled Laws 1966
PA 293, MCL 45.501 to 45.521, the
25 powers and duties which
that are otherwise provided by law for
26 a board of county road commissioners may be reorganized by
27 amendment to the
charter. Funds provided to the county pursuant
1 to Act No. 51 of the
Public Acts of 1951, being sections 247.651
2 to 247.674 of the Michigan
Compiled Laws under 1951 PA 51,
MCL
3 247.651 to 247.675, shall only be expended for the purposes
4 provided for in Act
No. 51 of the Public Acts of 1951 under
5 1951 PA 51, MCL 247.651 to 247.675.