HOUSE BILL No. 5279 October 14, 1997, Introduced by Reps. Fitzgerald and Geiger and referred to the Committee on Judiciary. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8126 (MCL 600.8126). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 8126. (1)TheEXCEPT AS PROVIDED IN SUBSECTION (2), 2 THE fifty-sixth district consists of the counties of Barry and 3 Eaton, is a district of the first class, and is divided into the 4 following election divisions: 5 (a) The first division consists of the county of Barry and 6 has 1 judge. 7 (b) The second division consists of the county of Eaton and 8 has 2 judges. 9 (2) EFFECTIVE JANUARY 1, 1999, IF THE COUNTY OF EATON 10 APPROVES THE CREATION OF THE FIFTY-SIXTH-A DISTRICT PURSUANT TO 11 LAW, AND IF THE COUNTY OF BARRY APPROVES THE CREATION OF THE 02061'97 ** DRM 2 1 FIFTY-SIXTH-B DISTRICT PURSUANT TO LAW, BOTH OF THE FOLLOWING 2 APPLY: 3 (A) THE FIFTY-SIXTH-A DISTRICT CONSISTS OF THE COUNTY OF 4 EATON, IS A DISTRICT OF THE FIRST CLASS, AND HAS 2 JUDGES. 5 (B) THE FIFTY-SIXTH-B DISTRICT CONSISTS OF THE COUNTY OF 6 BARRY, IS A DISTRICT OF THE FIRST CLASS, AND HAS 1 JUDGE. 7 Enacting section 1. The creation of the fifty-sixth-a dis- 8 trict and the fifty-sixth-b district, as allowed by this 1997 9 amendatory act, shall not take place unless resolutions of 10 approval by the county boards of commissioners of the counties of 11 Barry and Eaton, as required by section 8176 of the revised judi- 12 cature act of 1961, 1961 PA 236, MCL 600.8176, are filed with the 13 state court administrator not later than April 1, 1998. 14 Enacting section 2. If new judicial districts of the dis- 15 trict court are created under this amendatory act pursuant to 16 section 8176 of the revised judicature act of 1961, 1961 PA 236, 17 MCL 800.8176, the change in the composition of the affected judi- 18 cial districts shall take effect for election purposes on 19 April 1, 1998 and shall take effect for judicial purposes on 20 January 1, 1999. If the fifty-sixth-a district and the 21 fifty-sixth-b district are created pursuant to this amendatory 22 act, all of the following apply as to the incumbent judges of the 23 fifty-sixth district: 24 (a) The incumbent judge who resides in the first election 25 division of the fifty-sixth district and whose term expires on 26 January, 2001 shall become a judge of the fifty-sixth-b district 27 on January 1, 1999 for the balance of the term for which he or 02061'97 ** 3 1 she was elected or appointed, except that he or she must continue 2 to meet other requirements for eligibility to serve as district 3 judge, including residency requirements. 4 (b) If the incumbent judge in the second election division 5 whose term expires January 1, 1999 seeks election in the 6 fifty-sixth-a district for a term beginning January 1, 1999 and 7 meets other requirements for eligibility to serve as district 8 judge, including residency requirements, that judge is entitled 9 to the designation of his or her office on the ballot in the 1996 10 August primary election and in the 1996 November general 11 election. The incumbent judge may qualify for nomination by 12 filing an affidavit of candidacy as an incumbent judge of the 13 fifty-sixth-a district as provided in section 467c of the 14 Michigan election law, 1954 PA 116, MCL 168.467c. 15 (c) The incumbent judge in the second election division 16 whose term expires January 1, 2003 shall become a judge of the 17 fifty-sixth-a district on January 1, 1999 for the balance of the 18 term for which he or she was elected or appointed, except that he 19 or she must continue to meet other requirements for eligibility 20 to serve as district judge, including residency requirements. 02061'97 ** Final page. DRM