HOUSE BILL No. 5321


     February 8, 2000, Introduced by Reps. Garcia, Mortimer, Richner, Jansen and Birkholz and referred to the Committee on Local
Government and Urban Policy.


        A bill to amend 1959 PA 203, entitled

   "Emergency interim local succession act,"

   by amending sections 4 and 5 (MCL 31.104 and 31.105).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 4.  Officers  AN OFFICER of  such  A political

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       subdivisions  SUBDIVISION, except A judicial  officers and

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      those  OFFICER OR AN OFFICER whose  positions are  POSITION
   IS IN

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      THE STATE classified  under the  civil service,  laws, 
   within 30

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      days of  the effective date of this act  MARCH 19, 1960, or in

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      the case of any officer  hereafter  elected or appointed AFTER

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      MARCH 19, 1960, within 3 days of his OR HER taking office, shall

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      designate by title  5  AN emergency interim  successors and spec-

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      ify their order of succession  SUCCESSOR.  The  officers 
   OFFICER

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      shall file  a list  THE NAME AND TITLE of  such  HIS OR HER

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      emergency interim  successors, together with their order of


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      succession,  SUCCESSOR with the clerk or other recording officer

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      of the political subdivision and with the county clerk.  The

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      officer shall review and as necessary promptly revise the desig-

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      nation of emergency interim  successors  SUCCESSOR to  insure
   

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      ENSURE that at all times there  are 5  IS A qualified emergency

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      interim  successors  SUCCESSOR.

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           Sec. 5.  If  any  A political subdivision officer, other

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      than  the  A judicial  officers and those officers  OFFICER
   OR AN

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      OFFICER WHOSE POSITION IS IN THE STATE classified  under the 

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      civil service,  laws,  is not able or is unavailable to exercise

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      the powers and discharge the duties of the office because of a

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      disaster in this state caused by an enemy attack upon the United

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      States, the legally authorized deputy of the officer shall exer-

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      cise the powers and discharge the duties of the office.  If the

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      deputy is not able or is unavailable to exercise the powers and

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      discharge the duties of the office because of a disaster in this

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      state caused by an enemy attack upon the United States, the

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       available  emergency interim successor  , highest in order of

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      succession,  shall exercise the powers and discharge the duties

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      of the office.  The emergency interim successor shall exercise

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      the powers and discharge the duties until  such time as  a new

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      officer is appointed or elected and qualified or the regular

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      incumbent of the office or his OR HER deputy  again become  IS

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      available to exercise the powers and discharge the duties of

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       said  THE office.







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