VILLAGES: COUNCIL VACANCIES                                                   S.B. 712 (S-1) & 713:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 712 (Substitute S-1 as reported)

Senate Bill 713 (as reported without amendment)

Sponsor:  Senator Jon Bumstead

Committee:  Local Government

CONTENT

Senate Bill 712 (S-1) would amend the General Law Village Act to do the following:

-- Prescribe procedures for the resignation of village council officers and president.

-- Remove a petition requirement for calling a special election when filling vacancies.

-- Require a special election and a temporary appointment of a trustee if there were not enough trustees to constitute a quorum.

-- Allow the presiding officer of a village council to compel the attendance of board members in the absence of an ordinance, if the village council lacked a quorum for more than 60 days.

Senate Bill 713 would amend the Michigan Election Law to allow remaining village council members to make temporary appointments to constitute a quorum.

MCL 62.10 et al. (S.B. 712 (S-1))                                   Legislative Analyst:  Dana Adams

       168.381 (S.B. 713)

FISCAL IMPACT

Senate Bill 712 (S-1) would have no fiscal impact on the State and could have a negative fiscal impact on local units of government. The bill's provisions would require special elections for village officers in cases in which they may not be required under current law. The special elections would have to be held on the next regular election date, and the village would have to pay expenses of the election. Whether there would be a fiscal impact in any given situation would depend on if the special election would have been held under current rules as well, and whether the village otherwise had an election on the next election date. In any scenario in which the village would have had the special election under current law, the bill would have no fiscal impact. Likewise, in any scenario in which the village already would be conducting an election on the next regular election date, the additional administrative cost would be minimal.

Senate Bill 713 would have no fiscal impact on State or local government.

Date Completed:  2-19-20                                                   Fiscal Analyst:  Ryan Bergan

                                                                                                                   Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.