Bill Text: MI HB4533 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Elections: scheduling; reference to August primary election in the revised judicature act of 1961; revise to June primary election. Amends secs. 550, 550a, 805, 8175 & 8176 of 1961 PA 236 (MCL 600.550 et seq.).
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-10-11 - Referred To Committee Of The Whole With Substitute (s-3) [HB4533 Detail]
Download: Michigan-2021-HB4533-Engrossed.html
Substitute For
HOUSE BILL NO. 4533
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 550, 550a, 805, 8175, and 8176 (MCL 600.550, 600.550a, 600.805, 600.8175, and 600.8176), section 550 as amended by 2009 PA 228, section 550a as amended by 2012 PA 36, section 805 as amended by 2011 PA 300, section 8175 as amended by 1990 PA 54, and section 8176 as amended by 2002 PA 92.
the people of the state of michigan enact:
Sec. 550. (1) An additional circuit judgeship permitted by this chapter shall is not be authorized to be filled by election unless each county in the circuit, by resolution adopted by the county board of commissioners, approves the creation of that judgeship and unless the clerk of each county adopting such a that resolution files a copy of the resolution with the state court administrator not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary for the election to fill the additional circuit judgeship. The state court administrator shall immediately notify the elections division of the department of state with respect to each new circuit judgeship authorized pursuant to under this subsection. If a circuit judgeship is permitted by law to be authorized without a resolution being adopted by the county board of commissioners, the state court administrator shall immediately notify the elections division of the department of state with respect to each new circuit judgeship authorized.
(2) A resolution required under subsection (1) that is filed before the effective date of the amendatory act that authorized that judgeship is a valid approval of the judgeship for purposes of this section only if the filing occurs within the 2-year state legislative session during which the amendatory act was enacted. A resolution required under subsection (1) that is filed after the effective date of the amendatory act that added that judgeship is a valid approval of the judgeship for purposes of this section only if the filing occurs not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary for the election immediately preceding the effective date of the additional judgeship.
(3) By permitting an additional judgeship, or by restoring a judgeship after a temporary reduction in judgeships as described in subsection (5), the legislature is not creating that judgeship. If a county, acting through its board of commissioners, approves the creation of an additional circuit judgeship, that approval constitutes an exercise of the county's option to provide a new activity or service or to increase the level of activity or service offered in the county beyond that required by existing law, as the elements of that option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the county of all expenses and capital improvements which that may result from the creation of the judgeship. However, the exercise of the option does not affect the this state's obligation to pay the same portion of the additional judge's salary which that is paid by the this state to the other judges of the same circuit, or to appropriate and disburse funds to the county for the necessary costs of state requirements established by a state law which that becomes effective on or after December 23, 1978.
(4) Each additional circuit judgeship created pursuant to under subsection (1) shall must be filled by election pursuant to under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The first term of each additional circuit judgeship shall be is 6 years, unless the law permitting the additional judgeship provides for a term of a different length.
(5) If, by law, the number of judgeships in a judicial circuit is temporarily reduced for a period of not more than 6 years and then restored to the number of judgeships that existed before the temporary reduction, the restored judgeship or judgeships are not considered additional circuit judgeships for purposes of this section, and a resolution of approval under subsection (1) is not required.
(6) A temporary reduction in the number of circuit judgeships in a judicial circuit shall does not take effect unless both of the following occur:
(a) Each county in the circuit, by resolution adopted by the county board of commissioners, supports the temporary reduction in the number of judgeships.
(b) The clerk of each county adopting the resolution files a copy of the resolution with the state court administrator not later than 4 p.m. of the sixteenth Tuesday preceding before the date on which the August June primary would have been held for the judgeship that is being eliminated. A resolution required under subdivision (a) that is filed before the effective date of the amendatory act that added this subsection January 5, 2010 is valid if the filing occurs within the 2-year state legislative session during which the amendatory act was enacted.
(7) The state court administrator shall immediately notify the elections division of the department of state with respect to either of the following:
(a) A temporary reduction in the number of judgeships in a judicial circuit.
(b) The restoration of the number of judgeships in a judicial circuit, after a temporary reduction in that number.
Sec. 550a. (1) If a new judicial circuit is proposed by law, that new circuit shall must not be created and any circuit judgeship proposed for the circuit shall must not be authorized or filled by election unless each county in the proposed circuit, by resolution adopted by the county board of commissioners, approves the creation of the new circuit and each judgeship proposed for the circuit and unless the clerk of each county adopting that resolution files a copy of the resolution with the state court administrator not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary immediately following the effective date of the amendatory act permitting the creation of the new circuit. The state court administrator shall immediately notify the elections division of the department of state with respect to each new judicial circuit and circuit judgeship authorized under this subsection.
(2) By proposing a new judicial circuit and 1 or more circuit judgeships for the circuit, the legislature is not creating that circuit or any judgeship in the circuit. If a county, acting through its board of commissioners, approves the creation of a new circuit and 1 or more circuit judgeships proposed by law for that circuit, that approval constitutes an exercise of the county's option to provide a new activity or service or to increase the level of activity or service offered in the county beyond that required by existing law, as the elements of that option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the county of all expenses and capital improvements that may result from the creation of the new circuit and each judgeship. However, the exercise of the option does not affect the this state's obligation to pay a portion of the circuit judge's or judges' salary as provided by law, or to appropriate and disburse funds to the county for the necessary costs of state requirements established by a state law that takes effect on or after December 23, 1978.
(3) Each circuit judgeship created under subsection (1) shall must be filled by election under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The first term of each circuit judgeship is 6 years, unless the law permitting the creation of the new circuit and 1 or more judgeships provides for a term of a different length.
(4) The reformation of the eleventh, twenty-third, twenty-sixth, thirty-fourth, fiftieth, and fifty-third judicial circuits under 2002 PA 92 does not require a resolution of approval by the county board of commissioners under this section or section 550.
Sec. 805. (1) The additional judges of probate permitted by section 803 shall must not be filled by election unless the county, by resolution adopted by the county board of commissioners, approves the creation of that judgeship and unless the clerk of that county files a copy of the resolution with the state court administrator not later than 4 p.m. of the thirteenth Tuesday preceding before the August June primary for the election to fill the additional judge of probate. The state court administrator shall immediately notify the county clerk with respect to any new judge of probate authorized for that county under this subsection.
(2) By permitting an additional judgeship, the legislature is not creating that judgeship. If a county, acting through its board of commissioners, approves the creation of an additional judge of probate, that approval constitutes an exercise of the county's option to provide a new activity or service or to increase the level of activity or service offered in the county beyond that required by existing law, as the elements of that option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the county of all expenses and capital improvements that may result from the creation of the judgeship. However, the exercise of the option does not affect the this state's obligation to pay the same portion of the additional judge's salary that is paid by the this state to the other judges of probate of the same county, or to appropriate and disburse funds to the county for the necessary costs of state requirements established by a state law that takes effect on or after December 23, 1978.
(3) Each additional judgeship created under subsection (1) shall must be filled by election under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The first term of each additional judgeship shall be is 6 years unless the law permitting the additional judgeship provides for a term of a different length.
(4) A combination of the office of probate judge with a judicial office of limited jurisdiction within a county under section 15 of article VI of the state constitution of 1963 that does not result in an increase in the total number of trial judgeships in the county does not require a resolution of approval by the county board of commissioners under this section.
Sec. 8175. (1) The additional district judgeships permitted by this chapter shall must not be authorized to be filled by election unless each district control unit of the district, by resolution adopted by the governing body of the district control unit, approves the creation of that judgeship and unless the clerk of each district control unit adopting such a that resolution files a copy of the resolution with the state court administrator not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary for the election to fill the additional district judgeship. The state court administrator shall immediately notify the elections division of the department of state with respect to each new district judgeship authorized pursuant to under this subsection.
(2) A resolution required under subsection (1) that is filed before the effective date of the amendatory act that authorized that judgeship is a valid approval of the judgeship for purposes of this section only if the filing occurs within the 2-year state legislative session during which the amendatory act was enacted. A resolution required under subsection (1) that is filed after the effective date of the amendatory act that added that judgeship is a valid approval of the judgeship for purposes of this section only if the filing occurs not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary for the election immediately preceding before the effective date of the additional judgeship.
(3) By permitting an additional judgeship, the legislature is not creating that judgeship. If a district control unit, acting through its governing body, approves the creation of an additional district judgeship, that approval constitutes an exercise of the district control unit's option to provide a new activity or service or to increase the level of activity or service offered in the district control unit beyond that required by existing law, as the elements of that option are defined by Act No. 101 of the Public Acts of 1979, being sections 21.231 to 21.244 of the Michigan Compiled Laws, 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the district control unit of all expenses and capital improvements which that may result from the creation of the judgeship. However, the exercise of the option does not affect the this state's obligation to pay the same portion of the additional judge's salary which that is paid by the this state to the other district judges in the same district, or to appropriate and disburse funds to the district control unit for the necessary costs of state requirements established by a state law which that becomes effective on or after December 23, 1978.
(4) Each additional district judgeship created pursuant to under subsection (1) shall must be filled by election pursuant to under the Michigan election law, Act No. 116 of the Public Acts of 1954, as amended, being sections 168.1 to 168.992 of the Michigan Compiled Laws. 1954 PA 116, MCL 168.1 to 168.992. The first term of each additional district judgeship shall be is 6 years, unless the law permitting the additional judgeship provides for a term of a different length.
Sec. 8176. (1) If a new district is proposed by law, that new district shall must not be created and any district judgeship proposed for the district shall must not be authorized or filled by election unless each district control unit in the proposed district, by resolution adopted by the governing body of the district control unit, approves the creation of the new district and each judgeship proposed for the district and unless the clerk of each district control unit adopting that resolution files a copy of the resolution with the state court administrator not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary for the election immediately preceding before the effective date of the new district. The state court administrator shall immediately notify the elections division of the department of state with respect to each new judicial district and district judgeship authorized pursuant to under this subsection.
(2) A resolution required under subsection (1) that is filed before the effective date of the amendatory act that authorized that new district is a valid approval for purposes of this section only if the filing occurs within the 2-year state legislative session during which the amendatory act was enacted. A resolution required under subsection (1) that is filed after the effective date of the amendatory act that authorized that new district is a valid approval for purposes of this section only if the filing occurs not later than 4 p.m. of the sixteenth Tuesday preceding before the August June primary for the election immediately preceding before the effective date of the new district.
(3) By proposing a new district and 1 or more district judgeships for the district, the legislature is not creating that district or any judgeship in the district. If a district control unit, acting through its governing body, approves the creation of a new district and 1 or more district judgeships proposed by law for that district, that approval constitutes an exercise of the district control unit's option to provide a new activity or service or to increase the level of activity or service offered in the district control unit beyond that required by existing law, as the elements of that option are defined by 1979 PA 101, MCL 21.231 to 21.244, and a voluntary acceptance by the district control unit of all expenses and capital improvements which that may result from the creation of the new district and each judgeship. However, the exercise of the option does not affect the this state's obligation to pay the same portion of each judge's salary which that is paid by the this 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 which that becomes effective on or after December 23, 1978.
(4) Each district judgeship created pursuant to under subsection (1) shall must be filled by election pursuant to under the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. The first term of each district judgeship shall be is 6 years, unless the law permitting the creation of the new district and 1 or more judgeships provides for a term of a different length.
(5) The reformation of the seventy-eighth, seventy-ninth, eighty-first, eighty-second, eighty-third, and eighty-seventh judicial districts pursuant to the 2002 amendatory act that added this subsection under 2002 PA 92 does not require the approval of the district control unit under this section or section 8175.
Enacting section 1. This amendatory act takes effect January 1, 2023.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 4530 of the 101st Legislature is enacted into law.
