September 9, 2004, Introduced by Reps. Hardman, Gaffney, Waters, Ward, Lipsey, Phillips, Murphy, Reeves, Zelenko, Tobocman, Smith, O'Neil, Clack, Vagnozzi, Stallworth, Williams, Plakas, Hager, Hopgood, Condino, Law, Meisner and Richardville and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1966 PA 261, entitled
"An act to provide for the apportionment of county boards of
commissioners; to prescribe the size of the board; to provide for
appeals; to prescribe the manner of election of the members of
the county board of commissioners; to provide for compensation of
members; to prescribe penalties and provide remedies; and to
repeal acts and parts of acts,"
by amending section 12 (MCL 46.412), as amended by 1982 PA 504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12. (1) When
If a vacancy occurs in the office of
2 commissioner by death, resignation, removal from the district, or
3 removal from office, the vacancy shall be filled by appointment
4 within 30 days by the county board of commissioners of the
5 individual who received the next highest number of votes in the
6 most recent election for that office. If that individual is
7 unwilling or ineligible to hold the office, the county board of
8 commissioners shall appoint a resident and registered voter of
9 that district.
1 (2) A person who has been convicted of a violation of
2 section 12a(1) of Act
No. 370 of the Public Acts of 1941, being
3 section 38.412a of the
Michigan Compiled Laws 1941 PA
370, MCL
4 38.412a, shall is
not be eligible for appointment to the
5 office of county commissioner for a period of 20 years after the
6 date of conviction.
7 (3) The person appointed to fill a vacancy which occurred in
8 an odd numbered year shall serve until the vacancy is filled in a
9 special election. That special election shall be called by the
10 county board of commissioners. The person appointed to fill a
11 vacancy which occurs in a year which is an election year for the
12 office of county commissioner shall serve for the remainder of
13 the unexpired term.
14 (4) If the county board of commissioners does not fill the
15 vacancy by appointment within 30 days, that vacancy shall be
16 filled by a special election regardless of whether the year is an
17 election year or an odd year.