HB-5187, As Passed House, December 8, 2011
HOUSE BILL NO. 5187
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 sections 1, 2, and 3 (MCL 46.401, 46.402, and
46.403), section 2 as amended by 2004 PA 369.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. (1) Within 60 days after the publication of the
2 latest United States official decennial census figures, the
3 county apportionment commission in each county of this state
4 shall apportion the county into not less than 5 nor more than
5 21 county commissioner districts as nearly of equal population as
6 is practicable and within the limitations of section 2.
counties under 75,000, upon the effective date of this act, the
boards of commissioners of such counties shall have not to exceed
30 days into which to apportion their county into commissioner
districts in accordance with the provisions of this act. If at
the expiration of the time as set forth in this section a board
of commissioners has not so apportioned itself, the county
apportionment commission shall proceed to apportion the county
under the provisions of this act.
8 (2) If a county is not in compliance with section 2 on the
9 effective date of the amendatory act that added this subsection,
10 the county apportionment commission of that county shall, within
11 30 days of the effective date of the amendatory act that added
12 this subsection, apportion the county in compliance with section
13 2. For subsequent apportionments in a county that is apportioned
14 under this subsection, the county apportionment commission of
15 that county shall comply with the provisions of subsection (1).
16 Sec. 2.
17 County Population Number of Commissioners
18 Under 5,001 Not more than 7
19 5,001 to 10,000 Not more than 10
20 10,001 to 50,000 Not more than 15
to 600,000 Not more than 21
22 Over 50,000
to 1,000,000 17 to 35
1,000,000 25 to 35
25 Sec. 3. (1)
as otherwise provided in this
26 subsection, the county apportionment commission shall consist of
1 the county clerk, the county treasurer, the prosecuting attorney,
2 and the statutory county chairperson of each of the 2 political
3 parties receiving the greatest number of votes cast for the
4 office of secretary of state in the last preceding general
5 election. If a county does not have a statutory chairperson of a
6 political party, the 2 additional members shall be a party
7 representative from each of the 2 political parties receiving the
8 greatest number of votes cast for the office of secretary of
9 state in the last preceding general election and appointed by the
10 chairperson of the state central committee for each of the
11 political parties. In a county with a population of 1,000,000 or
12 more that has adopted an optional unified form of county
13 government under 1973 PA 139, MCL 45.551 to 45.573, with an
14 elected county executive, the county apportionment commission
15 shall be the county board of commissioners. The clerk shall
16 convene the apportionment commission and they shall adopt their
17 rules of procedure.
Three A majority of the members of
18 apportionment commission shall be a quorum sufficient to conduct
19 its business. All action of the apportionment commission shall be
20 by majority vote of the commission.
21 (2) The business which the apportionment commission may
22 perform shall be conducted at a public meeting held in compliance
Act No. 267 of the Public Acts of 1976, being sections
15.261 to 15.275 of the Michigan Compiled Laws. the open meetings
25 act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the
26 time, date, and place of the meeting shall be given in the manner
27 required by
Act No. 267 of the Public Acts of 1976.the open
1 meetings act, 1976 PA 267, MCL 15.261 to 15.275.
2 (3) A writing prepared, owned, used, in the possession of,
3 or retained by the commission in the performance of an official
4 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
7 act, 1976 PA 442, MCL 15.231 to 15.246.