Act No. 122

Public Acts of 2021

Approved by the Governor

December 16, 2021

Filed with the Secretary of State

December 17, 2021

EFFECTIVE DATE:  Sine Die

state of michigan

101st Legislature

Regular session of 2021

Introduced by Senator McBroom

ENROLLED SENATE BILL No. 242

AN ACT 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 sections 10 and 12 (MCL 46.410 and 46.412), section 12 as amended by 2013 PA 84.

The People of the State of Michigan enact:

Sec. 10. (1) The term of office of each commissioner elected before the 2024 general November election shall be concurrent with that of state representatives as specified in section 3 of article IV of the state constitution of 1963.

(2) The term of office of each commissioner elected at or after the 2024 general November election is 4 years. The term of office begins on January 1 following the election and continues until a successor is elected and qualified.

Sec. 12. (1) If a vacancy occurs in the office of commissioner by death, resignation, removal from the district, or removal from office, the vacancy must be filled by appointment within 30 days by the county board of commissioners of a resident and registered voter of that district. Except as otherwise provided in subsection (2), the individual appointed to fill a vacancy shall serve for the remainder of the unexpired term.

(2) If the vacancy occurs more than 7 days before the nominating petition deadline as provided in section 11 for the general November election that is not the general November election at which a successor in office would be elected if there were no vacancy, the individual 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 successor shall hold the office for the remainder of the unexpired term.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 245 of the 101st Legislature is enacted into law.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor