HB-6344, As Passed House, December 21, 2018

HB-6344, As Passed Senate, December 21, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6344

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8125 (MCL 600.8125), as amended by 2012 PA 16.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 8125. (1) ~~The~~ Except as provided in subsection (4), the

fifty-fourth-a district consists of the city of Lansing, 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) Beginning on the earlier of the following dates, the~~

~~fifty-fourth-a district has~~ 4 judges. :

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

~~district judge in the fifty-fourth-a district.~~

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

~~district judge in the fifty-fourth-a district no longer seeks~~

~~election or reelection to that office.~~

(2) ~~The~~ Except as provided in subsection (4), the fifty-

fourth-b district consists of the city of East Lansing, is a

district of the third class, and has 2 judges.

(3) ~~The~~ Except as provided in subsection (4), the fifty-fifth

district consists of the county of Ingham except the cities of

Lansing and East Lansing, is a district of the second class, and

has 2 judges.

(4) If the governing body of the county of Ingham and the

cities of Lansing and East Lansing approve by resolutions the

consolidation of the fifty-fourth-a, fifty-fourth-b, and fifty-

fifth districts before November 1, 2019, all of the following apply

beginning March 1, 2020:

(a) The fifty-fourth-a and fifty-fourth-b districts are

abolished. The fifty-fifth district consists of all of the

territory of the former fifty-fourth-A and fifty-fourth-B district

courts and the fifty-fifth district court prior to the effective

date of the amendatory act that added this subdivision, the newly

constituted fifty-fifth district is a district of the first class,

and has 8 judges.

(b) All full-time employees of the former fifty-fourth-a and

fifty-fourth-b districts must be transferred to the fifty-fifth

district under this subsection. Except as provided in any agreement

of consolidation by the district control units of the former fifty-

fourth-a and fifty-fourth-b districts and the fifty-fifth district,

salary, seniority rights, annual leave, sick leave, and retirement

benefits of transferred employees must be preserved and continued

in their positions in the fifty-fifth district under this

subsection in a manner not inferior to their prior status.

fifty-fourth-a, fifty-fourth-b, and fifty-fifth 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.

(5) If the consolidated district is created under subsection

(4), all of the following apply until 8 years after the effective

date of the amendatory act that added this subsection:

(a) The fifty-fifth district is divided into the following

election divisions:

(i) The first division consists of the city of Lansing and the

township of Lansing and has 4 judges.

(ii) The second division consists of the city of East Lansing

and has 2 judges.

(iii) The third division consists of the county of Ingham,

except the cities of Lansing and East Lansing and the township of

Lansing, and has 2 judges.

(b) Each incumbent district judge from the former fifty-

fourth-a and fifty-fourth-b districts and the fifty-fifth district

shall serve as a district judge in the consolidated district. Each

judge from the former fifty-fourth-a and fifty-fourth-b districts

and the fifty-fifth district is considered an incumbent in the

election division created under subdivision (a) in which he or she

resides.

(6) Upon the expiration of 8 years after the effective date of

the amendatory act that added this subsection, the election

divisions created under subsection (5) are abolished and the judges

of the fifty-fifth district must be elected at large.

(7) If the consolidated district is created under subsection

(4), a jury trial in the fifty-fifth district conducted in

connection with a criminal offense or any other cause of action

that occurred in the city of Lansing or the township of Lansing

must be before a jury of citizens who are residents of those 2

political subdivisions.

(8) If the consolidated district is created under subsection

(4), a jury trial in the fifty-fifth district conducted in

connection with a criminal offense or any other cause of action

that occurred in the city of East Lansing must be before a jury of

citizens who are residents of that political subdivision.

(9) If the consolidated district is created under subsection

(4), a jury trial in the fifty-fifth district conducted in

connection with a criminal offense or any other cause of action

that occurred in the county of Ingham, except for the cities of

Lansing and East Lansing or the township of Lansing, must be before

a jury of citizens who are residents of the county of Ingham,

except for the cities of Lansing or East Lansing or the township of

Lansing.