SENATE BILL No. 323
May 16, 2019, Introduced by Senator VICTORY and referred to the Committee on Local Government.
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 2015
PA 237.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 6. (1) Except as otherwise provided by law and under
subsection (4), (5), (7), or (8), 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 must be
elected by the people of the county. The initial road commissioners
shall must 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 must be published by the
clerk as required by section 3 of this chapter.
(3) The regular election of county road commissioners shall
must 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 commences on January 1 in the year following his
or her election. The notice of the election shall must be given at
the time notice is given of the general election of county
officers.
(4) The election of county road commissioners is not 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 must 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 750,000 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. In a county having a population of 750,000 or more with a
charter commission proposing 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
under the charter if, at the election considering the approval of
the charter, the voters approve both the charter and a separate
ballot question presented by the charter commission to reorganize
the board of county road commissioners. Funds provided to the
county under 1951 PA 51, MCL 247.651 to 247.675, shall must 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 as otherwise provided under subsection (5) and
subject to the requirement provided in subsection (9), before
January 1, 2020, 2025, 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 appointed board of county road commissioners
of that county is dissolved on the date specified in the resolution
adopted under this subsection, and the county board of
commissioners is authorized to receive and expend funds as allowed
under 1951 PA 51, MCL 247.651 to 247.675.
(8) Except as otherwise provided in subsection (5) and subject
to the requirement provided in subsection (9), before January 1,
2020, 2025, the county board of commissioners in a county with an
elected board of county road commissioners may, by a resolution as
allowed under section 11 of 1851 PA 156, MCL 46.11, submit to the
qualified and registered electors of the county at the next regular
election to be held in the county the question of transferring the
powers, duties, and functions of the elected board of county road
commissioners of that county to the county board of commissioners.
If a majority of the qualified and registered electors of the
county voting on the question vote in favor of transferring the
powers, duties, and functions of the elected board of county road
commissioners of that county to the county board of commissioners,
the elected board of county road commissioners of that county is
dissolved and the county board of commissioners is authorized to
receive and expend funds as allowed under 1951 PA 51, MCL 247.651
to 247.675.
(9) Before adopting a resolution under subsection (7) or (8),
the county board of commissioners shall conduct, at a minimum, 2
public hearings on whether to transfer the powers, duties, and
functions of the board of county road commissioners to the county
board of commissioners.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 322
of the 100th Legislature is enacted into law.