SENATE BILL NO. 834


  December 4, 1997, Introduced by Senators GOUGEON and 
       DE GROW and referred to the Committee on Judiciary.
     


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 8138 (MCL 600.8138).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 8138.  (1)  The  EXCEPT AS PROVIDED IN
             SUBSECTION (2),

 2    THE seventy-third district consists of the counties of Huron and

 3    Sanilac, is a district of the first class, and is divided into

 4    the following election divisions:

 5         (a) The first division consists of the county of Huron and

 6    has 1 judge.

 7         (b) The second division consists of the county of Sanilac

 8    and has 1 judge.

 9         (2) EFFECTIVE JANUARY 1, 1999, IF THE COUNTY OF SANILAC

10    APPROVES THE CREATION OF THE SEVENTY-THIRD-A DISTRICT PURSUANT TO

11    LAW, AND IF THE COUNTY OF HURON APPROVES THE CREATION OF THE


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 1    SEVENTY-THIRD-B DISTRICT PURSUANT TO LAW, BOTH OF THE FOLLOWING

 2    APPLY:

 3         (A) THE SEVENTY-THIRD-A DISTRICT CONSISTS OF THE COUNTY OF

 4    SANILAC, IS A DISTRICT OF THE FIRST CLASS, AND HAS 1 JUDGE.

 5         (B) THE SEVENTY-THIRD-B DISTRICT CONSISTS OF THE COUNTY OF

 6    HURON, IS A DISTRICT OF THE FIRST CLASS, AND HAS 1 JUDGE.

 7         Enacting section 1.  The creation of the seventy-third-a

 8    district and the seventy-third-b district, as allowed by this

 9    1998 amendatory act, shall not take place unless resolutions of

10    approval by the county boards of commissioners of the counties of

11    Huron and Sanilac, as required by section 8176 of the revised

12    judicature act of 1961, 1961 PA 236, MCL 600.8176, are filed with

13    the state court administrator not later than April 1, 1998.

14         Enacting section 2.  If new judicial districts of the dis-

15    trict court are created under this amendatory act pursuant to

16    section 8176 of the revised judicature act of 1961, 1961 PA 236,

17    MCL 800.8176, the change in the composition of the affected judi-

18    cial districts shall take effect for judicial purposes on January

19    1, 1999.  If the seventy-third-a district and the seventy-third-b

20    district are created pursuant to this amendatory act, both of the

21    following apply to the judges of the seventy-third district serv-

22    ing on the effective date of this amendatory act:

23         (a) The judge who resides in Sanilac county and whose term

24    expires on January 1, 2003 shall become a judge of the

25    seventy-third-a district on January 1, 1999 for the balance of

26    the term for which he or she was elected, except that he or she





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 1    must continue to meet other requirements for eligibility to serve

 2    as district judge, including residency requirements.

 3         (b) The judge who resides in Huron county and whose term

 4    expires on January 1, 2003 shall become a judge of the

 5    seventy-third-b district on January 1, 1998 for the balance of

 6    the term to which he or she was elected, except that he or she

 7    must continue to meet other requirements for eligibility to serve

 8    as district judge, including residency requirements.








































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