Bill Text: MI HB5218 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Counties; boards and commissions; merger or separation of county clerk and register of deeds; require independent financial study and at least 1 evening public hearing. Amends sec. 200 of 1954 PA 116 (MCL 168.200).

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2011-12-14 - Printed Bill Filed 12/14/2011 [HB5218 Detail]

Download: Michigan-2011-HB5218-Introduced.html

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HOUSE BILL No. 5218

 

December 13, 2011, Introduced by Reps. Dillon, McCann, Yonker, Lindberg, Hobbs, Roy Schmidt and Lyons and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 200 (MCL 168.200), as amended by 1998 PA 364.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 200. (1) A county clerk, a county treasurer, a register

 

of deeds, a prosecuting attorney, a sheriff, a drain commissioner,

 

and a surveyor shall be elected at the 2000 general November

 

election and every fourth year after that. However, in a county in

 

which 1 of these offices is abolished or combined as provided by

 

law, no person shall be elected to that office in that county.

 

     (2) Subject to subsections (3), (4), and (5), a county board

 

of commissioners may by resolution combine the offices of county

 

clerk and register of deeds in 1 office of the clerk register or

 

separate the office of the clerk register into the offices of

 

county clerk and register of deeds. A combination or separation of

 

offices shall not take effect before the expiration of the current

 

term of the affected offices.

 

     (3) Before adopting a resolution to combine the offices of

 

county clerk and register of deeds or separate the office of clerk

 

register into the offices of county clerk and register of deeds, a

 

county board of commissioners shall study the question of combining

 

or separating the offices. The mandatory requirements of this

 

subsection may be satisfied by conducting a public hearing pursuant

 

to hearings under subsection (4) and by having an independent

 

financial study on combining or separating the offices completed

 

and available at least 30 days before conducting the first public

 

hearing under subsection (4).

 

     (4) The county board of commissioners as a whole body shall

 

hold not less than 1 2 public hearing, hearings, held subject to

 

the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, on the

 

question of combining or separating the offices of county clerk and

 

register of deeds. At least 1 of the public hearings required under

 

this subsection shall be an evening hearing held after 6 p.m. The

 

county board of commissioners may vote on the question as a

 

regularly scheduled agenda item not less than 10 days or more than

 

30 days after the last public hearing held by the county board of

 

commissioners on the question.

 

     (5) Not later than the sixth Tuesday 180 days before the

 

deadline for filing the nominating petitions for the office of

 

county clerk, register of deeds, or clerk register, the county

 

board of commissioners may by a vote of 2/3 of the commissioners

 

elected and serving combine the offices of county clerk and

 

register of deeds or separate the office of the clerk register. The

 

resolution shall become becomes effective upon the commencement of

 

the next term of office of the county clerk, register of deeds, or

 

clerk register after the adoption of the resolution.