reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.357 - Filing of Records, Proposals, Plans, and Programs; Availability of Certain Writings to Public.

46.357 Filing of records, proposals, plans, and programs; availability of certain writings to public.
Sec. 7.
(1) A county or regional commission shall file with the department of natural resources a record of its land ownership, proposals for acquisition of land, and its general development plans and programs for improvement and maintenance of the land.
(2) A writing prepared, owned, used, in the possession of, or retained by a county or regional commission, in the performance of an official function shall be 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.
History:
1965, Act 261, Imd. Eff. July 21, 1965 ;-- Am. 1966, Act 242, Imd. Eff. July 11, 1966 ;-- Am. 1977, Act 167, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.358 - County and Regional Commissions; Acquisition of Property.

46.358 County and regional commissions; acquisition of property.
Sec. 8.
A county commission may acquire in the name of the county and a regional commission may acquire in its name by gift, purchase, lease, agreement, or otherwise, in fee or with conditions, suitable real property, within the county or region, or contiguous with or adjacent thereto, for public parks, preserves, parkways, playgrounds, recreation centers, wildlife areas, lands reserved for flood conditions for impounding runoff water, and other conservation purposes. In acquiring or accepting land, due consideration shall be given to its scenic, historic, archaeologic, recreational or other special features.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.359 - County and Regional Commissions; Condemnation of Private Property.

46.359 County and regional commissions; condemnation of private property.
Sec. 9.
A county operating under this act or a regional commission may take private property necessary for any purpose within the scope of its powers under this act, for the use or benefit of the public, and institute and prosecute proceedings for that purpose under and in accordance with Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Compiled Laws of 1948.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.359a - County and Regional Commissions; Condemnation of Property in Another County.

46.359a County and regional commissions; condemnation of property in another county.
Sec. 9a.
A county or regional commission desiring to acquire real property in another county not a member of a regional commission, shall notify the board of supervisors of the county wherein the real property to be taken is located of its intentions to institute proceedings under section 9; and, unless the members of the board of supervisors by a majority vote disapprove the contemplated action within 60 days of the receipt of notification by certified mail of such contemplated action the county or regional commission may proceed to institute proceedings pursuant to the provisions of section 9.
History:
Add. 1968, Act 102, Imd. Eff. June 7, 1968
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.360 - County and Regional Commission; Acceptance of Gifts and Bequests, Grants-in-Aid.

46.360 County and regional commission; acceptance of gifts and bequests, grants-in-aid.
Sec. 10.
A county commission may accept in the name of the county and a regional commission may accept in its name gifts, bequests, grants-in-aid, contributions and appropriations of money and other personal property for conservation purposes.
History:
1965, Act 261, Imd. Eff. July 21, 1965 ;-- Am. 1966, Act 242, Imd. Eff. July 11, 1966
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.361 - County and Regional Commissions; Development and Operation of Facilities.

46.361 County and regional commissions; development and operation of facilities.
Sec. 11.
A county or regional commission may plan, develop, preserve, administer, maintain and operate park and recreational places and facilities and construct, reconstruct, alter and renew buildings and other structures.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.362 - County and Regional Commissions; Custody, Control and Management of Property.

46.362 County and regional commissions; custody, control and management of property.
Sec. 12.
A county or regional commission shall have the custody, control and management of all real and personal property acquired by the county or a regional commission for public parks, preserves, parkways, playgrounds, recreation centers, wildlife areas, lands reserved for flood conditions for impounding runoff water, and other county conservation or recreation purposes.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.363 - County and Regional Commissions; Installation and Maintenance of Roads and Parking Facilities.

46.363 County and regional commissions; installation and maintenance of roads and parking facilities.
Sec. 13.
A county or regional commission may install and maintain road and parking facilities within areas under its control.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.365 - County and Regional Commissions; Charges and Fees, Collection, Payment to County Treasurer, Uses.

46.365 County and regional commissions; charges and fees, collection, payment to county treasurer, uses.
Sec. 15.
A county or regional commission may charge and collect reasonable fees for the use of the facilities, privileges and conveniences provided. All charges and fees for the use of county facilities, privileges and conveniences shall be paid over to the county treasurer, and for the use of regional facilities, privileges and conveniences shall be used for the expenses of the regional commission.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.366 - County and Regional Commission; Employment of Personnel, Executive Officer.

46.366 County and regional commission; employment of personnel, executive officer.
Sec. 16.
A county commission may employ such personnel as may be authorized by the board of supervisors, including an executive officer. A regional commission may employ its personnel, including an executive officer.
History:
1965, Act 261, Imd. Eff. July 21, 1965
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1965 - County and Regional Parks (46.351 - 46.367) › Section 46.367 - Park and Recreational Places; Revenue Bonds; Resolution; Issuance of Bonds or Notes; Negotiability; Interest; Tax Exemption; Limitations; Applicable Law; Amount of Borrowings.

46.367 Park and recreational places; revenue bonds; resolution; issuance of bonds or notes; negotiability; interest; tax exemption; limitations; applicable law; amount of borrowings.
Sec. 17.
(1) Any county operating under this act, by resolution adopted by a majority of the members elect of its governing body, and with a vote of the majority of the electors of the county voting on the question, may borrow money, pledge its full faith and credit for repayment, and issue its bonds or notes to pay all or part of the cost of acquiring, planning, and developing park and recreational places, and constructing, reconstructing, altering, or renewing buildings and other structures related to said park and recreational places.
(2) The revenue bonds shall be issued pursuant to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140, or any other applicable act.
(3) Bonds or notes shall be authorized by a resolution adopted by a majority of the members elect of the governing body of the county operating under this act. The full faith and credit of the county may be pledged for the prompt payment of the principal and interest on any borrowing by a county pursuant to this act. The county's full faith and credit may be pledged to the payment of principal and interest of revenue bonds notwithstanding any provision of law. Any bonds or notes shall be issued in the name of the county operating under this act and shall be executed by the chairperson of the county board of commissioners and the county clerk, who shall also cause their facsimile signatures to be affixed to any interest coupons to be attached to any bonds. The county clerk shall affix to the bonds or notes the seal of the county. Bonds or notes issued under this act are negotiable instruments and shall mature in not more than 40 years from the date of issue. The bonds or notes and the interest on the bonds and notes are exempt from taxation by this state or by any taxing authority within this state.
(4) The issuance of bonds or notes under this act is subject to the provisions of the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821. The amount of borrowings by a county pursuant to this act shall not be subject to any limitations or provisions contained in any law applicable to the county except that a county may not borrow pursuant to this act in an amount which taken together with other indebtedness of the county will exceed 10% of the assessed valuation of the county as last equalized by the state.
History:
Add. 1969, Act 104, Eff. Mar. 20, 1970 ;-- Am. 1983, Act 177, Imd. Eff. Oct. 14, 1983 ;-- Am. 2002, Act 200, Imd. Eff. Apr. 29, 2002
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.401 - County Apportionment Commission; Apportionment of County Into County Commissioner Districts.

46.401 County apportionment commission; apportionment of county into county commissioner districts.
Sec. 1.
(1) Within 60 days after the publication of the latest United States official decennial census figures, the county apportionment commission in each county of this state shall apportion the county into not less than 5 nor more than 21 county commissioner districts as nearly of equal population as is practicable and within the limitations of section 2.
(2) If a county is not in compliance with section 2 on the effective date of the amendatory act that added this subsection, the county apportionment commission of that county shall, within 30 days of the effective date of the amendatory act that added this subsection, apportion the county in compliance with section 2. For subsequent apportionments in a county that is apportioned under this subsection, the county apportionment commission of that county shall comply with the provisions of subsection (1).
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1968, Act 153, Imd. Eff. June 13, 1968 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 2011, Act 280, Eff. Mar. 28, 2012
Constitutionality:
The Michigan Supreme Court reversed a Court of Appeals ruling which held that the first sentence in section 1(2) of 2011 PA 280, MCL 46.401, violates section 29 of article IV of the state constitution of 1963. The Court of Appeals ruled that the provision constituted an improperly enacted local act and should be stricken from the act (Frank Houston et al. v Governor and Oakland County Board of Commissioners, Nos. 308724 and 308725). The Michigan Supreme Court, in its holding that the law is constitutional, stated that while the law may apply only to Oakland county immediately, the law could apply to any county in the future that meets the population requirements.
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.402 - Number of County Commissioners Based on County Population.

46.402 Number of county commissioners based on county population.
Sec. 2.
County Population
Number of Commissioners
Under 5,001
Not more than 7
5,001 to 10,000
Not more than 10
10,001 to 50,000
Not more than 15
Over 50,000
Not more than 21
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 2004, Act 369, Imd. Eff. Oct. 11, 2004 ;-- Am. 2011, Act 280, Eff. Mar. 28, 2012
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.403 - County Apportionment Commission; Membership; Convening Apportionment Commission; Adopting Rules of Procedure; Quorum; Action by Majority Vote; Conducting Business at Public Meeting; Notice of Meeting; Availability of Certain Writings to Public.

46.403 County apportionment commission; membership; convening apportionment commission; adopting rules of procedure; quorum; action by majority vote; conducting business at public meeting; notice of meeting; availability of certain writings to public.
Sec. 3.
(1) Except as otherwise provided in this subsection, 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. In a county with a population of 1,000,000 or more that has adopted an optional unified form of county government under 1973 PA 139, MCL 45.551 to 45.573, with an elected county executive, the county apportionment commission shall be the county board of commissioners. The clerk shall convene the apportionment commission and they shall adopt their rules of procedure. A majority of the members of the apportionment commission shall be a quorum sufficient to conduct its business. All action of the apportionment commission shall be by majority vote of the commission.
(2) The business which the apportionment commission may perform shall be conducted at a public meeting held in compliance with 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 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 commission in the performance of an official function shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1977, Act 185, Imd. Eff. Nov. 17, 1977 ;-- Am. 2011, Act 280, Eff. Mar. 28, 2012
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.404 - County Commissioner Districts; Guidelines for Apportionment.

46.404 County commissioner districts; guidelines for apportionment.
Sec. 4.
In apportioning the county into commissioner districts, the county apportionment commission shall be governed by the following guidelines in the stated order of importance:
(a) All districts shall be single-member districts and as nearly of equal population as is practicable. The latest official published figures of the United States official census shall be used in this determination, except that in cases requiring division of official census units to meet the population standard, an actual population count may be used to make such division. Other governmental census figures of total population may be used if taken subsequent to the last decennial United States census and the United States census figures are not adequate for the purposes of this act. The secretary of state shall furnish the latest official published figures to the county apportionment commissions forthwith upon this act taking effect, and within 15 days after publication of subsequent United States official census figures.
A contract may be entered into with the United States census bureau to make any special census if the latest United States decennial census figures are not adequate.
(b) All districts shall be contiguous.
(c) All districts shall be as compact and of as nearly square shape as is practicable, depending on the geography of the county area involved.
(d) No township or part thereof shall be combined with any city or part thereof for a single district, unless such combination is needed to meet the population standard.
(e) Townships, villages and cities shall be divided only if necessary to meet the population standard.
(f) Precincts shall be divided only if necessary to meet the population standard.
(g) Residents of state institutions who cannot by law register in the county as electors shall be excluded from any consideration of representation.
(h) Districts shall not be drawn to effect partisan political advantage.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.405 - Apportionment Plan; Filing by County Apportionment Commission; Access.

46.405 Apportionment plan; filing by county apportionment commission; access.
Sec. 5.
The apportionment plan approved by the commission shall be filed in the office of the county clerk at which time it shall become effective, and copies of it shall be forthwith forwarded by the county clerk to the secretary of state for filing and shall be made available at cost to any registered voter of the county.
History:
1966, Act 261, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.406 - Apportionment Plan; Petition for Review.

46.406 Apportionment plan; petition for review.
Sec. 6.
Any registered voter of the county within 30 days after the filing of the plan for his county may petition the court of appeals to review such plan to determine if the plan meets the requirements of the laws of this state. Any findings of the court of appeals may be appealed to the supreme court of the state as provided by law.
History:
1966, Act 261, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.407 - Apportionment Plan; Failure of Apportionment Commission to Submit; Submission by Registered Voter.

46.407 Apportionment plan; failure of apportionment commission to submit; submission by registered voter.
Sec. 7.
If the apportionment commission has failed to submit a plan for its county within 60 days but not less than 30 days after the latest official published census figures are available or within such additional time as may be granted by the court of appeals for good cause shown on petition from the apportionment commission, any registered voter of the county may submit a plan to the commission for approval. The commission shall choose from among those submitted to it a plan meeting the requirements of the laws of this state and file such plan in the office of the county clerk as set forth in section 5 within 30 days after the deadline for the filing of the commission's own plan or any extension granted thereon.
History:
1966, Act 261, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.408 - Official Apportionment Plan.

46.408 Official apportionment plan.
Sec. 8.
Once an apportionment plan has been found constitutional and according to the provisions of this act and all appeals have been exhausted, or if no appeal is taken, when the time for appeal has expired, that plan shall be the official apportionment plan for the county until the next United States official decennial census figures are available.
History:
1966, Act 261, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.409 - County Board of Commissioners; Number per District; Prohibited Representation.

46.409 County board of commissioners; number per district; prohibited representation.
Sec. 9.
The electors of each district established in accordance with this act shall elect 1 county commissioner to the county board of commissioners. There shall be no representation on the county board of commissioners other than that set forth by the provisions of this act.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.410 - County Commissioners; Terms.

46.410 County commissioners; terms.
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.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 2021, Act 122, Eff. Mar. 30, 2022
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.411 - Candidate for Office of County Commissioner; Qualifications; Nomination; Nonrefundable Filing Fee; Eligibility.

46.411 Candidate for office of county commissioner; qualifications; nomination; nonrefundable filing fee; eligibility.
Sec. 11.
A candidate for the office of county commissioner must be a resident and registered voter of the district that he or she seeks to represent and must remain a resident and registered voter to hold his or her office, if elected. Nominations and elections for commissioners must be by partisan elections. In order for the name of a candidate for nomination for the office of county commissioner to appear on the official primary ballot, a nominating petition or a nonrefundable filing fee of $100.00 must be filed with the county clerk. The nominating petition must have been signed by a number of qualified and registered electors residing within the district as determined under section 544f of the Michigan election law, 1954 PA 116, MCL 168.544f. The deadline for filing nomination petitions or filing fees is the same as for a candidate for state representative. An individual who has been convicted of a violation of section 12a(1) of 1941 PA 370, MCL 38.412a, is not eligible to be a county commissioner for 20 years after the conviction.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 1982, Act 504, Eff. Mar. 30, 1983 ;-- Am. 2002, Act 158, Eff. Jan. 1, 2003 ;-- Am. 2021, Act 145, Imd. Eff. Dec. 27, 2021
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.411a - County Board of Commissioners; Candidates for Office, Nonrefundable Filing Fees, Deposit and Use of Fees.

46.411a County board of commissioners; candidates for office, nonrefundable filing fees, deposit and use of fees.
Sec. 11a.
A nonrefundable filing fee paid to the county clerk in lieu of filing petitions under section 11 must be deposited in the general fund of the county and must be used only for the purchase and maintenance of voting equipment.
History:
Add. 1969, Act 284, Eff. Mar. 20, 1970 ;-- Am. 2021, Act 145, Imd. Eff. Dec. 27, 2021
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.411b - Violation of MCL 168.1 to 168.992 Applicable to Petitions; Penalties.

46.411b Violation of MCL 168.1 to 168.992 applicable to petitions; penalties.
Sec. 11b.
A petition under section 11, including the circulation and signing of the petition, is subject to section 488 of the Michigan election law, 1954 PA 116, MCL 168.488. A person who violates a provision of the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992, applicable to a petition described in this section is subject to the penalties prescribed for that violation in the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
Add. 1998, Act 203, Eff. Mar. 23, 1999
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.412 - Vacancy in Office of Commissioner; Appointment; Term.

46.412 Vacancy in office of commissioner; appointment; term.
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.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 1972, Act 180, Imd. Eff. June 17, 1972 ;-- Am. 1978, Act 18, Imd. Eff. Feb. 15, 1978 ;-- Am. 1982, Act 504, Eff. Mar. 30, 1983 ;-- Am. 2013, Act 84, Imd. Eff. June 28, 2013 ;-- Am. 2021, Act 122, Eff. Mar. 30, 2022
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.413 - Failure to Fill Vacancy; Special Election.

46.413 Failure to fill vacancy; special election.
Sec. 13.
(1) If the county board of commissioners does not fill a vacancy in the office of commissioner as provided in section 12 within 30 days, that vacancy shall be filled by a special election. The special election shall be called by the county board of commissioners.
(2) The person elected at the special election to fill the vacancy in the office of commissioner shall serve for the remainder of the unexpired term.
History:
Add. 2013, Act 84, Imd. Eff. June 28, 2013
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.414 - Repeal; Effective Date; Validity of Actions.

46.414 Repeal; effective date; validity of actions.
Sec. 14.
Section 27 of Act No. 279 of the Public Acts of 1909, as amended, being section 117.27 of the Compiled Laws of 1948, is repealed. This section shall become effective in any county upon taking office of supervisors elected pursuant to this act. Any action taken by any board of supervisors shall not be invalid solely due to the provisions of this section.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1968, Act 153, Imd. Eff. June 13, 1968
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.415 - County Board of Commissioners; Compensation and Mileage Reimbursement of Members.

46.415 County board of commissioners; compensation and mileage reimbursement of members.
Sec. 15.
(1) A member of the county board of commissioners shall receive the compensation and mileage reimbursement fixed by resolution of the county board of commissioners or for a county which has a county officers compensation commission, fixed by a determination of the county officers compensation commission which is not rejected.
(2) The per mile mileage reimbursement fixed by the county board of commissioners or the county officers compensation commission shall not exceed the mileage reimbursement set for state officers as determined by the state officers compensation commission.
(3) Except as provided under subsection (5), changes in compensation shall become effective only after the time members of the county board of commissioners commence their terms of office after a general election, provided that it is voted upon before the commencement of the new terms of office, or for a county which has a county officers compensation commission, after the beginning of the first odd numbered year after the determination is made by the county officers compensation commission and is not rejected.
(4) This section shall not be construed to prohibit a structured change in compensation implemented in phases over the term of office.
(5) A change in compensation under subsections (1) and (3) may be made in 2005 to be effective on or after January 1, 2006.
(6) As used in this section, "compensation" shall not include mileage reimbursement.
History:
1966, Act 261, Eff. Mar. 10, 1967 ;-- Am. 1968, Act 153, Imd. Eff. June 13, 1968 ;-- Am. 1969, Act 137, Eff. Mar. 20, 1970 ;-- Am. 1975, Act 207, Imd. Eff. Aug. 21, 1975 ;-- Am. 1978, Act 476, Eff. Dec. 1, 1978 ;-- Am. 1980, Act 187, Imd. Eff. July 3, 1980 ;-- Am. 2005, Act 20, Imd. Eff. May 5, 2005
2023 Michigan Compiled Laws › Chapter 46 - County Boards of Commissioners › Act 261 of 1966 - Apportionment of County Boards of Commissioners (46.401 - 46.416) › Section 46.416 - References to County Supervisors Deemed to Mean County Commissioners.

46.416 References to county supervisors deemed to mean county commissioners.
Sec. 16.
All references to county supervisors or county boards of supervisors in any other act shall be deemed to mean county commissioners and county boards of commissioners as established by this act and such county boards of commissioners shall be the county board of supervisors referred to in article 7 of the state constitution.
History:
Add. 1969, Act 137, Eff. Mar. 20, 1970
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.1 - Board of County Auditors; Creation, Referendum; Form of Resolution.

47.1 Board of county auditors; creation, referendum; form of resolution.
Sec. 1.
The board of supervisors of any county in this state, except in such counties where provision has heretofore been made for the creation of the office of county auditor or board of county auditors, may, upon a majority vote of the members elect of said board, at any October session thereof, submit the question of creating and establishing a board of county auditors or county auditor in such county to a vote of the electors of said county. The board of supervisors may submit the question at a general election. The following form of resolution shall be sufficient for submitting the question: Resolved, That the question of creating and establishing a board of county auditors be submitted to a vote of the electors of the county of ................ at the general election to be held on the ................. day of ...................... nineteen hundred ...................
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2345 ;-- CL 1929, 1203 ;-- CL 1948, 47.1
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.2 - Board of County Auditors; Adoption of Resolution, Notice, Form.

47.2 Board of county auditors; adoption of resolution, notice, form.
Sec. 2.
At least 3 weeks shall intervene between the adoption of the resolution by the board of supervisors and the time of holding such election. After the adoption of the resolution by the board of supervisors, the county clerk shall give notice thereof. Such notice shall be addressed to the electors of the county and shall set forth the action of the board of supervisors, together with a copy of the resolution, and shall further give notice that said question will be stated upon the ballot to be used at said election, as follows: Shall a board of county auditors be created and established in the county of .......................? Said notice may be in the following form:
To the electors of the county of ........................ Notice is hereby given that at a meeting of the board of supervisors of said county, held on the ...... day of .................. nineteen hundred ............. the following resolution was adopted: (here set forth the resolution). Notice is further given that said question will be stated on the ballots to be used at said election, as follows: Shall a board of county auditors be created and established in the county of .............?
Dated ..............................
.............................................................
Clerk of the county of ......................................
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2346 ;-- CL 1929, 1204 ;-- CL 1948, 47.2
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.3 - Referendum; Notice, Posting and Publication, Evidence; Ballots, Preparation and Distribution, Form.

47.3 Referendum; notice, posting and publication, evidence; ballots, preparation and distribution, form.
Sec. 3.
Said clerk shall cause such notice to be printed in the form of a handbill, to be posted in 3 or more places in said county, at least 2 weeks before the time of such election, and also to be published in such newspaper or newspapers published and circulated in said county, as the board of supervisors may direct, once in each week for at least 2 weeks before said election. Proof of the posting and publication of such notice may be made by affidavit of any person knowing the facts, and be filed in the office of said clerk, and shall be recorded in the records of the proceedings of the board of supervisors. Such affidavits or the record thereof shall be prima facie evidence of the facts stated therein. Ballots shall be prepared and distributed by the same officers prescribed by law for general elections. The question shall be stated on such ballots as follows: Shall a board of county auditors be created and established in the county of ..........................? and immediately below and on different lines shall be printed the word “Yes” and the word “No.” At the time mentioned in such resolution such election shall be held and the vote taken accordingly.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2347 ;-- CL 1929, 1205 ;-- CL 1948, 47.3
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.4 - Referendum; Conduct.

47.4 Referendum; conduct.
Sec. 4.
If upon the canvass of the votes cast at such election, it shall appear that the majority is in favor of the adoption thereof, then the question of creating and establishing a board of county auditors shall be considered as adopted in such county, and thereupon the provisions of this act shall be and become operative in such county. The manner of preparing and distributing the ballots at any general or special election held under this act, the manner of conducting, canvassing, returning and declaring the result, shall be the same as now prescribed by law for other county elections, except as herein otherwise provided.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2348 ;-- CL 1929, 1206 ;-- CL 1948, 47.4
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.4a - Repealed. 2005, Act 246, Imd. Eff. Dec. 1, 2005.

47.4a Repealed. 2005, Act 246, Imd. Eff. Dec. 1, 2005.
Compiler's Notes:
The repealed section pertained to operation of county auditors operating under special or local act.
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.5 - Board of County Auditors; Appointment, Election, Terms, Vacancies, Eligibility.

47.5 Board of county auditors; appointment, election, terms, vacancies, eligibility.
Sec. 5.
The board of commissioners of any county may appoint a board of county auditors of not to exceed 3 members, 1 of whom the county board of commissioners shall designate as chairperson of the board of county auditors. If the board of county auditors consists of 1 individual, that individual must be appointed for a term of 1 year. If the board consists of 2 individuals, 1 must be appointed for a term of 1 year and 1 must be appointed for a term of 2 years. If the board consists of 3 individuals, 1 must be appointed for a term of 1 year, 1 must be appointed for a term of 2 years, and 1 must be appointed for a term of 3 years. The term of office of each of these members begins on the following January 1. At each October session of the county board of commissioners before the expiration of the term of office of each of the individual members of the board, a successor must be appointed by the county board of commissioners for a term of 3 years from the following January 1. Every person appointed shall hold for the term of office indicated and until his or her successor is appointed and qualified. A person shall not be considered appointed as a member of the board of county auditors who does not receive a majority vote of all the members of the county board of commissioners. If a vacancy occurs in the board of county auditors, the vacancy must be filled by the county board of commissioners, and the appointment is for the unexpired term of the vacancy filled. A person holding any office either elective or appointive under any county adopting this act, or any of the townships of the county, or of this state, and a person not an elector of the county, is not eligible to hold the office of county auditor. No more than 2 members of any board of county auditors shall be affiliated with the same political party.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2349 ;-- Am. 1927, Act 362, Eff. Sept. 5, 1927 ;-- CL 1929, 1207 ;-- CL 1948, 47.5 ;-- Am. 1961, Act 63, Eff. Sept. 8, 1961 ;-- Am. 2018, Act 223, Eff. Sept. 24, 2018
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.6 - Board of County Auditors; Conducting Business at Public Meeting; Notice of Meeting; Chairperson to Preside; Duties of Clerk; Availability of Certain Writings to Public; Quorum; Office; Compensation and Expenses.

47.6 Board of county auditors; conducting business at public meeting; notice of meeting; chairperson to preside; duties of clerk; availability of certain writings to public; quorum; office; compensation and expenses.
Sec. 6.
The business which the board of county auditors may perform shall be conducted at a public meeting of the board 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. 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 chairperson of the board shall preside over its meetings. The county clerk, or the clerk's deputy, shall be in attendance during the meetings, and serve as clerk of the board, without compensation other than his or her regular salary. The county board of commissioners may appoint and fix the compensation of a secretary who shall perform the function of clerk of the board of auditors. The clerk, in addition to all duties as may devolve to him or her, shall keep a record of the business transacted by the board, and the minutes of the proceedings of meetings held, and, under the direction of the board shall have charge of all letters, papers, documents, and records of the board. A writing prepared, owned, used, in the possession of, or retained by the board 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. Two members of the board shall constitute a quorum for the transaction of business. The county board of commissioners may provide the board of county auditors with an office at the courthouse, and the members of the board shall receive compensation and expenses as determined by the county board of commissioners. The compensation and expenses shall be payable monthly in place of all fees.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2350 ;-- CL 1929, 1208 ;-- CL 1948, 47.6 ;-- Am. 1961, Act 3, Imd. Eff. Mar. 21, 1961 ;-- Am. 1977, Act 199, Imd. Eff. Nov. 17, 1977
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.7 - Board of County Auditors; Meetings, Time and Place; County Clerk, Custodian of Records; Additional Compensation.

47.7 Board of county auditors; meetings, time and place; county clerk, custodian of records; additional compensation.
Sec. 7.
The said board of county auditors shall meet for the transaction of business in the office of the clerk of said county, or in some convenient room in the court house of said county, and when said board is not in session, the clerk of said county shall receive, file and be custodian of all books and papers belonging to or intended for the said board, and deliver them on demand for examination, to any member of said board of auditors. The said board of auditors shall meet for the transaction of business in the court house on the first Monday of each month, and shall continue its session daily from 9 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. until pending business is disposed of, but the members of the board receiving 5 dollars per day shall not receive said pay for a longer period than 5 days in any 1 month: Provided, however, That the board of supervisors of any county may by resolution require the services of the individual members more than 5 days per month and fix the compensation of the members of said board in such sum in excess of the above stated amount as they shall deem just.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2351 ;-- Am. 1927, Act 362, Eff. Sept. 5, 1927 ;-- CL 1929, 1209 ;-- CL 1948, 47.7
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.8 - Board of County Auditors; Audit of Claims Against County, Payment; Violation of Section, Penalty.

47.8 Board of county auditors; audit of claims against county, payment; violation of section, penalty.
Sec. 8.
No claim against any county adopting the provisions of this act, including all claims incurred by the county drain commissioner, shall be paid by the treasurer of said county until it shall have been duly audited and allowed by the board of county auditors, and payment of an audited claim shall be made only upon a warrant duly signed by the chairman of said board, and countersigned by the clerk, excepting salaries fixed by law or the board of supervisors of said county and jury and witness fees, primary school money and such other funds as may come into the hands of the county treasurer, which are created by and disbursed under special statutes relating thereto. Any person violating this section of this statute shall on conviction thereof, be punished by fine not exceeding 1,000 dollars or by imprisonment not exceeding 2 years, or by both such fine and imprisonment in the discretion of the court.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2352 ;-- CL 1929, 1210 ;-- CL 1948, 47.8
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.10 - Repealed. 1983, Act 87, Imd. Eff. June 16, 1983.

47.10 Repealed. 1983, Act 87, Imd. Eff. June 16, 1983.
Compiler's Notes:
The repealed section pertained to the bills of a county justice of the peace.
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.11 - Board of County Auditors; Members' Interest in Contracts Prohibited.

47.11 Board of county auditors; members' interest in contracts prohibited.
Sec. 11.
No member of said board of auditors shall be directly or indirectly interested in any contract with said county which may involve the expenditure of any county money, or in the sale of supplies to said county, or in the performance of any paid services of said county other than the services as a member of said board.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2355 ;-- CL 1929, 1213 ;-- CL 1948, 47.11
2023 Michigan Compiled Laws › Chapter 47 - County Auditors › Act 275 of 1913 - Board of County Auditors (47.1 - 47.15) › Section 47.12 - Board of County Auditors; County Prosecuting Attorney as Legal Advisor, Duties.

47.12 Board of county auditors; county prosecuting attorney as legal advisor, duties.
Sec. 12.
The prosecuting attorney for the said county shall, without any compensation other than his regular salary, be the legal advisor of said board of auditors and shall, on the request of any member thereof, render an opinion in writing on the legal status of any bill pending before said board, and shall on his motion, investigate the findings of said board, whenever in his opinion, the public service will be benefited thereby, and shall institute criminal proceedings against the members of said board or any of them, for malfeasance or misfeasance in office.
History:
1913, Act 275, Eff. Aug. 14, 1913 ;-- CL 1915, 2356 ;-- CL 1929, 1214 ;-- CL 1948, 47.12