Bill Text: MI HB6039 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Counties; charter; filling a vacancy in the office of elected county executive; provide for. Amends 1966 PA 293 (MCL 45.501 - 45.521) by adding sec. 11b.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2012-11-28 - Printed Bill Filed 11/28/2012 [HB6039 Detail]

Download: Michigan-2011-HB6039-Introduced.html

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HOUSE BILL No. 6039

 

November 27, 2012, Introduced by Reps. Cavanagh, Lipton, Hobbs, Darany and Constan and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1966 PA 293, entitled

 

"An act to provide for the establishment of charter counties; to

provide for the election of charter commissioners; to prescribe

their powers and duties; to prohibit certain acts of a county board

of commissioners after the approval of the election of a charter

commission; to prescribe the mandatory and permissive provisions of

a charter; to provide for the exercise by a charter county of

certain powers whether or not authorized by its charter; and to

prescribe penalties and provide remedies,"

 

(MCL 45.501 to 45.521) by adding section 11b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 11b. (1) If the office of elected county executive

 

becomes vacant due to resignation or death, the presiding or senior

 

judge of probate, the county clerk, and the prosecuting attorney

 

shall appoint a successor to fill the vacancy.

 

     (2) Except as otherwise provided in this subsection, a person

 

appointed under subsection (1) shall hold office for the remainder

 

of the unexpired term and until a successor is elected and

 

qualified. However, if the next general election is to be held more

 

than 182 days after the vacancy occurs, and it is not the general

 

November election at which a successor in office would be elected

 

if there were no vacancy, the person appointed shall hold office

 

only until a successor is elected at the next general November

 

election in the manner provided by law and qualifies for office.

 

The newly elected county executive shall serve a term equal to the

 

balance of the term for which the county executive who resigned or

 

died was elected.