HB-5125, As Passed House, December 5, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 5125

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 8130, 8134, and 8135 (MCL 600.8130, 600.8134,

and 600.8135), section 8130 as amended by 1988 PA 135, section 8134

as amended by 2012 PA 16, and section 8135 as amended by 1982 PA

161.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 8130. (1) The sixty-first district consists of the city

of Grand Rapids, is a district of the third class and has 5 6

judges. ~~Subject to section 8175, this district may have 1~~

~~additional judge effective January 1, 1989.~~

(2) The sixty-second-a district consists of the city of

Wyoming, is a district of the third class and has 2 judges.

(3) The sixty-second-b district consists of the city of

Kentwood, is a district of the third class and has 1 judge.

(4) ~~The~~ Except as provided in subsection (5), the sixty-third

district consists of the county of Kent, except the cities of Grand

Rapids, Walker, Grandville, Wyoming and Kentwood, is a district of

the second class, and is divided into the following election

divisions:

(a) The first division consists of the cities of Cedar Springs

and Rockford and the townships of Tyrone, Solon, Nelson, Spencer,

Sparta, Algoma, Courtland, Oakfield, Alpine, Plainfield, Cannon,

and Grattan and has 1 judge.

(b) The second division consists of the cities of East Grand

Rapids and Lowell and the townships of Grand Rapids, Ada,

Vergennes, Cascade, Lowell, Byron, Gaines, Caledonia, and Bowne and

has 1 judge.

(5) Beginning January 1, 2014, the sixty-third district

consists of the county of Kent, except the cities of Grand Rapids,

Walker, Grandville, Wyoming, and Kentwood, is a district of the

second class, and has 2 judges. Subject to section 8175, this

district may have 1 additional district judge beginning January 1,

2015. For purposes of the November 2014 general election, all of

the following apply:

(a) The term of the candidate for an existing district

judgeship who receives the greatest number of votes is 8 years.

(b) The term of the candidate for an existing district

judgeship who receives the second greatest number of votes is 6

years.

beginning January 1, 2015, the term of the candidate for the new

district judgeship who receives the greatest number of votes is 4

years.

Sec. 8134. (1) ~~The~~ Unless the sixty-seventh district court and

the sixty-eighth district court are consolidated under subsection

(4), the sixty-seventh district consists of the county of Genesee

except the city of Flint, is a district of the second class, and is

divided into the following election divisions:

(a) The first division consists of the cities of Flushing and

Clio and the townships of Flushing, Flint, Montrose, Thetford, and

Vienna and has 1 judge.

(b) The second division consists of the cities of Davison and

Burton and the townships of Davison, Forest, Richfield, and Atlas

and has 2 judges.

the townships of Mt. Morris and Genesee and has 1 judge.

(d) The fourth division consists of the cities of Fenton,

Grand Blanc, and Swartz Creek and the townships of Fenton,

Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2

judges.

(2) ~~Notwithstanding~~ Unless the sixty-seventh district court

and the sixty-eighth district court are consolidated under

subsection (4), notwithstanding any other provision of this act,

the county board of commissioners may by resolution designate the

county seat as a place where the court for the sixty-seventh

district shall sit in a central court facility. The adoption of a

resolution described in this subsection does not require the

House Bill No. 5125 (H-1) as amended December 4, 2013

approval of the majority of the judges of the district, and binds

the county to maintain a court facility in each municipality in the

sixty-seventh district where a court facility exists on the date of

the resolution.

(3) ~~The~~ Except as provided in subsection (4), the sixty-eighth

district consists of the city of Flint, is a district of the third

class, and has the following number of judges:

(a) Until the date determined under subdivision (b) takes

effect, this district has 5 judges.

(b) This district has 4 judges beginning on the earlier of the

following dates:

(i) The date on which a vacancy occurs in the office of

district judge in the sixty-eighth district, unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office.

(ii) The beginning date of the term for which an incumbent

district judge in the sixty-eighth district no longer seeks

election or reelection to that office.

(4) If the governing [body] of the county of Genesee[, by a vote of

2/3 of the commissioners elected and serving,] and the [Governing Body of the]

city of Flint approve by resolutions the consolidation of the

sixty-seventh and sixty-eighth districts, all of the following

apply:

(a) Beginning the first January 2 after the approval of both

governing bodies, the sixty-eighth district is abolished and the

sixty-seventh district consists of the county of Genesee, is a

district of the first class, and is divided into the following

election divisions:

(i) The first division consists of the cities of Flushing and

Clio and the townships of Flushing, Flint, Montrose, Thetford, and

Vienna and has 1 judge.

(ii) The second division consists of the cities of Davison and

Burton and the townships of Davison, Forest, Richfield, and Atlas

and has 2 judges.

(iii) The third division consists of the city of Mt. Morris and

the townships of Mt. Morris and Genesee and has 1 judge.

(iv) The fourth division consists of the cities of Fenton,

Grand Blanc, and Swartz Creek and the townships of Fenton,

Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2

judges.

(v) The fifth division consists of the city of Flint. The

judgeships in the fifth division shall be filled by the incumbent

judges of the sixty-eighth district, who shall become judges of the

fifth division for the balance of the term to which they were

elected or appointed. The fifth division has the following number

of judges:

(A) If there are 5 judges in the sixty-eighth district at the

time the sixty-seventh and sixty-eighth districts are consolidated,

this division has 5 judges. This division has 4 judges beginning on

the date on which a vacancy occurs in the office of district judge

in this division unless the vacancy occurs after a judge's

successor in office has been elected but before that successor

takes office, or the beginning date of the term for which an

incumbent district judge in this division no longer seeks election

or reelection to that office, whichever is earlier.

House Bill No. 5125 (H-1) as amended December 4, 2013

(B) If there are 4 judges in the sixty-eighth district at the

time the sixty-seventh and sixty-eighth districts are consolidated,

this division has 4 judges.

(b) The clerk of the county of Genesee and the clerk of the

city of Flint shall file copies of the resolutions with the state

court administrator, who, as authorized by the supreme court, shall

notify the elections division of the department of state that the

consolidation has been approved under this section.

[(c) For not less than 2 years after the effective date of the amendatory act that added this subdivision, the governing body of the county of Genesee shall maintain a court facility in each municipality within the county where a court facility exists on the effective date of the amendatory act that added this subdivision. The governing body of the county of genesee may maintain court facilities in any municipality within the county after the 2-year period described in this subdivision has elapsed.

(D)] By proposing or authorizing the consolidation of the

sixty-seventh and sixty-eighth districts, the legislature is not

creating a new obligation for any affected district control unit.

If a district control unit, acting through its governing body,

approves the consolidation, then the approval constitutes an

exercise of the district control unit's option to increase the

level of activity and service offered in that district control unit

beyond that required by existing law, as the elements of that

option are provided by 1979 PA 101, MCL 21.231 to 21.244, and a

voluntary acceptance by that district control unit of all expenses

and capital improvements that may result from the consolidation of

the districts. However, the exercise of the option does not affect

the state's obligation to pay the same portion of each judge's

salary that is paid by the state to other district judges as

provided by law, or to appropriate and disburse funds to the

district control unit for the necessary costs of state requirements

established by a state law that takes effect on or after December

23, 1978.

[(E)] Sections 8177 and 8178 do not apply to the consolidation

of the sixty-seventh and sixty-eighth districts.

Sec. 8135. The seventieth district consists of the county of

Saginaw, is a district of the first class, and is divided into the

following election divisions:

(a) The first division consists of the cities of Saginaw and

Zilwaukee and the townships of Zilwaukee, Buena Vista, Carrollton,

and Bridgeport, and has 3 judges. However, the first division has 2

judges beginning on the date on which a vacancy occurs in the

office of district judge in the first division unless the vacancy

occurs after a judge's successor in office has been elected but

before that successor takes office, or the beginning date of the

term for which an incumbent district judge in the first division no

longer seeks election or reelection to that office, whichever is

earlier.

(b) The second division consists of the county of Saginaw,

except the cities of Saginaw and Zilwaukee and the townships of

Zilwaukee, Buena Vista, Carrollton, and Bridgeport, and has 3 2

judges. However, the second division has 3 judges beginning on the

date on which a vacancy occurs in the office of district judge in

the first division, unless the vacancy occurs after a judge's

successor in office has been elected but before that successor

takes office, or the beginning date of the term for which an

incumbent district judge in the first division no longer seeks

election or reelection to that office, whichever is earlier. The

judgeship transferred from the first division to the second

division is not considered an additional judgeship for purposes of

section 8175 and may be filled by appointment by the governor if it