Bill Text: MI SB1170 | 2009-2010 | 95th Legislature | Introduced

Michigan Senate Bill 1170 (Prior Session Legislation)

Introduced

Bill Title: Elections; primary; amendments to revised judicature act of 1961 regarding primary election date; provide for. Amends secs. 550, 550a, 805, 8175 & 8176 of 1961 PA 236 (MCL 600.550 et seq.). TIE BAR WITH: SB 1168'10

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-24 - Referred To Committee On Campaign And Election Oversight [SB1170 Detail]

Download: Michigan-2009-SB1170-Introduced.html

SENATE BILL No. 1170

February 24, 2010, Introduced by Senator McMANUS and referred to the Committee on Campaign and Election Oversight.

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), sections 550 and 8175

as amended by 1990 PA 54, sections 550a and 8176 as amended by 2002

PA 92, and section 805 as amended by 1988 PA 134.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 550. (1) An additional circuit judgeship permitted by

this chapter shall 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~~ May 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 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~~ May 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 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 ~~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 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 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 becomes effective on or after

December 23, 1978.

(4) Each additional circuit judgeship created pursuant to

subsection (1) shall be filled by election pursuant to 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

circuit judgeship shall be 6 years, unless the law permitting the

additional judgeship provides for a term of a different length.

Sec. 550a. (1) If a new judicial circuit is proposed by law,

that new circuit shall not be created and any circuit judgeship

proposed for the circuit shall 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~~

May 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 pursuant to 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

which 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 which becomes effective on or after

December 23, 1978.

(3) Each circuit judgeship created pursuant to subsection (1)

shall be filled by election pursuant to the Michigan election law,

1954 PA 116, MCL 168.1 to 168.992. The first term of each circuit

judgeship shall be 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

pursuant to the 2002 amendatory act that added this subsection does

not require the approval of the county board of commissioners under

this section or section 550.

Sec. 805. (1) The additional judges of probate permitted by

section 803 shall not be authorized to 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~~ May 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 pursuant to 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 ~~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 county of all

expenses and capital improvements which 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 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 which becomes effective on

or after December 23, 1978.

(3) Each additional judgeship created pursuant to subsection

(1) shall be filled by election pursuant to 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

judgeship shall be 6 years unless the law permitting the additional

judgeship provides for a term of a different length.

Sec. 8175. (1) The additional district judgeships permitted by

this chapter shall 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~~ May

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 this subsection.