Bill Text: MI HB6564 | 2017-2018 | 99th Legislature | Introduced

Michigan House Bill 6564 (Prior Session Legislation)

Introduced

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.). TIE BAR WITH: HB 6562'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-12-05 - Bill Electronically Reproduced 12/04/2018 [HB6564 Detail]

Download: Michigan-2017-HB6564-Introduced.html

HOUSE BILL No. 6564

December 4, 2018, Introduced by Reps. Rendon, Whiteford and Crawford.

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~~ must 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

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~~ before 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 state's obligation to pay the same portion of the additional

judge's salary ~~which~~ that is paid by the 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

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 state's obligation to

pay the same portion of the additional judge's salary that is paid

by the 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 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.