HB-4307, As Passed House, June 20, 2013HB-4307, As Passed Senate, June 19, 2013
(As amended June 19, 2013)
February 21, 2013, Introduced by Rep. Lyons and referred to the Committee on Elections and Ethics.
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, and
by adding section 13.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12. <<(1)>> When a vacancy occurs in the office of
Commissioner
by death, resignation, removal from the district, or removal from
office, the vacancy shall be filled by appointment within 30 days
by the county board of commissioners of a resident and registered
voter of that district. A person who has been convicted of a
violation
of section 12a(1) of Act No. 370 of the Public Acts of
House Bill No. 4307 as amended June 19, 2013
1941,
being section 38.412a of the Michigan Compiled Laws, 1941 PA
370, MCL 38.412a, shall not be eligible for appointment to the
office of county commissioner for a period of 20 years after
conviction.
<<The SUBJECT TO SUBSECTION (2), THE>> person appointed to
fill
a vacancy which occurred
in
an odd numbered year shall serve until the vacancy is filled in
a
special election. That special election shall be called by the
county
board of commissioners. The person appointed to fill a
vacancy
which occurs in a year which is an election year for the
office
of county commissioner shall serve
for the remainder of the
unexpired
term. If the county board of commissioners does not fill
the
vacancy by appointment within 30 days, that vacancy shall be
filled
by a special election regardless of whether the year is an
election
year or an odd year.
<<(2) A special election scheduled for August 6, 2013 by a
county board of commissioners to fill a vacancy in the office of
commissioner that occurred in 2013 before the effective date of the
amendatory act that added this subsection shall be held, and the
person elected at the special election held on August 6, 2013 to
fill the vacancy in the office of commissioner shall serve for the
remainder of the unexpired term.>>
Sec. 13. (1) If the county board of commissioners does not
fill a vacancy in the office of commissioner as provided in section
12 within 30 days, that vacancy shall be filled by a special
election. The special election shall be called by the county board
of commissioners.
(2) The person elected at the special election to fill the
vacancy in the office of commissioner shall serve for the remainder
of the unexpired term.