Act No. 47

Public Acts of 1998

Approved by the Governor

March 27, 1998

Filed with the Secretary of State

March 30, 1998

EFFECTIVE DATE: March 30, 1998

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1998

Introduced by Senators Cisky and Rogers

ENROLLED SENATE BILL No. 747

AN ACT to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," by amending section 8132 (MCL 600.8132).

The People of the State of Michigan enact:

Sec. 8132. (1) Except as provided in subsection (2), the sixty-fifth district consists of the counties of Gratiot and Clinton, is a district of the first class, and is divided into the following election divisions:

(a) The first division consists of the county of Gratiot and has 1 judge.

(b) The second division consists of the county of Clinton and has 1 judge.

(2) Effective January 1, 1999, if the county of Clinton approves the creation of the sixty-fifth-a district pursuant to law and if the county of Gratiot approves the creation of the sixty-fifth-b district pursuant to law, both of the following apply:

(a) The sixty-fifth-a district consists of the county of Clinton, is a district of the first class, and has 1 judge.

(b) The sixty-fifth-b district consists of the county of Gratiot, is a district of the first class, and has 1 judge.

Enacting section 1. The creation of the sixty-fifth-a district and the sixty-fifth-b district, as allowed by this 1998 amendatory act, shall not take place unless resolutions of approval by the county boards of commissioners of the counties of Clinton and Gratiot, as required by section 8176 of the revised judicature act of 1961, 1961 PA 236, MCL 600.8176, are filed with the state court administrator not later than April 1, 1998.

Enacting section 2. If new judicial districts of the district court are created under this amendatory act pursuant to section 8176 of the revised judicature act of 1961, 1961 PA 236, MCL 800.8176, the change in the composition of the affected judicial districts shall take effect for judicial purposes on January 1, 1999. If the sixty-fifth-a and sixty-fifth-b districts are created pursuant to this amendatory act, all of the following apply as to the incumbent judges of the sixty-fifth district serving on the effective date of this amendatory act:

(a) The incumbent judge who resides in Clinton county and whose term expires on January 1, 2003 shall become a judge of the sixty-fifth-a district on January 1, 1999 for the balance of the term for which he or she was elected, except that he or she must continue to meet other requirements for eligibility to serve as district judge, including residency requirements.

(b) The incumbent judge who resides in Gratiot county and whose term expires on January 1, 2003 shall become a judge of the sixty-fifth-b district on January 1, 1999 for the balance of the term for which he or she was elected, except that he or she must continue to meet other requirements for eligibility to serve as district judge, including residency requirements.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.