House Bill 5321

Sponsor: Rep. Valde Garcia

Committee: Local Government and Urban

Complete to 2-9-00

A SUMMARY OF HOUSE BILL 5321 AS INTRODUCED 2-8-00

Under the Emergency Interim Local Succession Act, within three days after taking office, an officer of a political subdivision (excepting a judicial officer or an officer in the state classified civil service) is required to designate five emergency interim successors, and to place them in order of priority to assume the officer's duties if necessary. The officer must file the titles of his or her emergency interim successors with the clerk or other recording officer of the political subdivision, and with the county clerk. If the officer of a political subdivision is not able to exercise the powers and discharge the duties of the office because of a state disaster caused by an enemy attack upon the United States, the legally authorized deputy is required to exercise the powers and discharge the duties of the office. If the deputy is unable to discharge the duties of the office, the available emergency interim successor highest in the order of succession is to assume those duties.

House Bill 5321 would amend the act to decrease the required number of emergency successors from five to one, and delete references to the order of succession. Instead the officer would be required to designate an emergency successor by name and title.

MCL 31.104 and 31.105

Analyst: J. Hunault

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.