TERMS
House Bills 4760 and 4761
Sponsor: Rep. Rick Johnson
Committee: Local Government and
Urban Policy
Complete to 6-9-99
A SUMMARY OF HOUSE BILLS 4760 AND 4761 AS INTRODUCED 6-8-99
The bills would make county commission terms four years in length, concurrent with the gubernatorial term of office, beginning in the year 2002.
Specifically, House Bill 4761 would amend Public Act 261 of 1966, the act that prescribes the election of county commissioners (MCL 46.410 and 46.412). The bill provides that the term of office of each commissioner elected before the 2002 general November election would be concurrent with that of state representatives. However, the term of office of each commissioner elected at or after the 2002 general November election would be concurrent with that of governor. Currently, county commission terms are concurrent with those of state representatives. That is to say, the county commissioners serve two-year terms, and are elected in even numbered years.
House Bill 4760 would amend Public Act 293 of 1966, the act that provides for the creation of charter counties and the election of commissioners (MCL 45.514), to require that the term of office of members of a charter county's board of commissioners would be as specified in House Bill 4761.
Further, Public Act 293 of 1966 currently specifies the mandatory and permissive provisions of a charter as they relate to certain existing county offices, boards, commissions, and departments. For example, in a county having a population of 1,500,000 or more, the act requires the charter to provide for the continuation of a county road system within the county, and it prescribes that responsibility for road funds must be vested in a three-member commission whose members represent jurisdictions within the county. However, the act also says that this subsection does not apply to a county in which the charter is amended to provide for an alternative method of carrying out the powers and duties that are otherwise provided by law for a board of county road commissioners. House Bill 4760 would retain this provision but relocate it within the act so that the exception would immediately follow the requirement.
Finally, the bill also would clarify one portion of the definition for "road construction" to mean the building of a new road or street and the improving of an existing road or street by the correction of grades, the installation, repair, or improvement of drainage structures, the alteration of width or alignment, or the repair or replacement of the surface. Currently "road construction" means the building of a new road or street and the improving of an existing road or street by correction grades, drainage structures, width, alignment, or surface.
Analyst: J. Hunault