HOUSE BILL No. 5776

 

February 2, 2010, Introduced by Reps. Lindberg, Lahti, McDowell, Neumann and Wayne Schmidt and referred to the Committee on Ethics and Elections.

 

     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 3 (MCL 46.403).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3. (1) The county apportionment commission shall consist

 

of the county clerk, the county treasurer, the prosecuting

 

attorney, and the statutory county chairperson of each of the 2

 

political parties receiving the greatest number of votes cast for

 

the office of secretary of state in the last preceding general


 

election. If a county does not have a statutory chairperson of a

 

political party, the 2 additional members shall be a party

 

representative from each of the 2 political parties receiving the

 

greatest number of votes cast for the office of secretary of state

 

in the last preceding general election and appointed by the

 

chairperson of the state central committee for each of the

 

political parties. The clerk shall convene the county apportionment

 

commission and they shall adopt their rules of procedure. Three

 

members of the county apportionment commission shall be a quorum

 

sufficient to conduct its business. All action of the county

 

apportionment commission shall be by majority vote of the

 

commission.

 

     (2) The business which that the county apportionment

 

commission may perform shall be conducted at a public meeting held

 

in compliance with Act No. 267 of the Public Acts of 1976, being

 

sections 15.261 to 15.275 of the Michigan Compiled Laws the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of

 

the time, date, and place of the meeting shall be given in the

 

manner required by Act No. 267 of the Public Acts of 1976 the open

 

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (3) A writing prepared, owned, used, in the possession of, or

 

retained by the county apportionment commission in the performance

 

of an official function shall be made available to the public in

 

compliance with Act No. 442 of the Public Acts of 1976, being

 

sections 15.231 to 15.246 of the Michigan Compiled Laws the freedom

 

of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (4) In addition to the duties provided in this act, the duties


 

of the county apportionment commission include establishing single-

 

member county road commission districts as provided in section 6 of

 

chapter IV of 1909 PA 283, MCL 224.6.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5774(request no.

 

02340'09).

 

     (b) Senate Bill No.____ or House Bill No. 5775(request no.

 

02340'09 a).