HB-5446, As Passed Senate, August 4, 2004                                   

SUBSTITUTE FOR

HOUSE BILL NO. 5446

                                                                             A bill to amend 1945 PA 282, entitled                                             

"An act to provide for county planning; the creation,                       

organization, powers and duties of county planning commissions,"            

by amending section 2 (MCL 125.102).                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 2.  (1) The county planning commission shall consist of                

2   not less than 5 nor more than 11 members who shall individually             

3   be representative of important segments of the economic,                    

4   governmental, educational, social life, and development of the              

5   particular county, in accordance with the major interests as they           

6   exist in the county, such as agriculture, recreation, education,            

7   government, transportation, industry, and commerce.  The county             

8   board of commissioners shall establish the basis for                        

9   representative membership on the commission.  A majority of                 

10  commission members shall not hold another office or position in             

11  the county government.  The method of appointment and the term of           

House Bill No. 5446 (H-1)* as amended May 20, 2004

1   office of members of the commission shall be determined by                  

2   resolution of a majority of the full membership of the county               

3   board of commissioners.                                                     

4   (2) Where the commission consists of 5 members, 1 member may                

5   be a member of the county board of commissioners elected and                

6   serving.  Where the commission consists of from 6 to 8 members, 2           

7   members may be members of the county board of commissioners                 

8   elected and serving.  Where the commission consists of from 9 to            

9   11 members, 3 members may be members of the county board of                 

10  commissioners elected and serving.                                          

11  (3) The county board of commissioners shall appoint to the                  

12  planning commission 1 member of a public school board or [an administrative] employee                                                                        

13  of a school district included, in whole or in part, within the              

14  county's boundaries.  The appointment required under this                   

15  subsection shall be made upon the first vacancy that occurs                 

16  following the effective date of the amendatory act that added               

17  this subsection.

18  (4) The term of each appointed member shall be for 3 years,                 

19  except that upon first appointment of the membership by the                 

20  board, the terms of office may be varied to permit the                      

21  establishment of overlapping terms of office and the terms of ex            

22  officio members shall correspond to their respective official               

23  tenures or as may be determined by the county board.                        

24  (5) The county board of commissioners shall provide for the                 

25  filling of a vacancy in the membership of the commission for the            

26  unexpired terms and may remove a member for nonperformance of               

27  duty or misconduct upon public hearing.                                     

1   (6) Members of the commission may receive the same                          

2   compensation and mileage, but not to exceed that provided for               

3   members of the county board of commissioners except that ex                 

4   officio members shall serve without compensation.  The members of           

5   the commission may be reimbursed for actual, reasonable, and                

6   necessary expenses incurred in the discharge of their duties.