SB-0471, As Passed House, March 1, 2016

SUBSTITUTE FOR

SENATE BILL NO. 471

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 8134 (MCL 600.8134), as amended by 2014 PA 60.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 8134. (1) Unless the sixty-seventh district court and the

sixty-eighth district court are consolidated under subsection (4),

the sixty-seventh district consists of the county of Genesee except

the city of Flint, is a district of the second class, and is

divided into the following election divisions:

(a) The first division consists of the cities of Flushing and

Clio and the townships of Flushing, Flint, Montrose, Thetford, and

Vienna and has 1 judge.

(b) The second division consists of the cities of Davison and

Burton and the townships of Davison, Forest, Richfield, and Atlas

and has 2 judges.

the townships of Mt. Morris and Genesee and has 1 judge.

(d) The fourth division consists of the cities of ~~Fenton,~~

Grand Blanc , and Swartz Creek and the townships of Fenton,

Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2

judges. The fourth division also includes the city of Fenton, which

is located in both the counties of Genesee and Oakland.

(2) Unless the sixty-seventh district court and the sixty-

eighth district court are consolidated under subsection (4),

notwithstanding any other provision of this act, the county board

of commissioners may by resolution designate the county seat as a

place where the court for the sixty-seventh district shall sit in a

central court facility. The adoption of a resolution described in

this subsection does not require the approval of the majority of

the judges of the district, and binds the county to maintain a

court facility in each municipality in the sixty-seventh district

where a court facility exists on the date of the resolution.

(3) Except as provided in subsection (4), the sixty-eighth

district consists of the city of Flint, 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) This district has 4 judges beginning on the earlier of the

following dates:

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

district judge in the sixty-eighth district, unless the vacancy

occurs after the vacating judge has been defeated in a primary or

general election.

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

district judge in the sixty-eighth district no longer seeks

election or reelection to that office.

(4) If the governing body of the county of Genesee, by a vote

of 2/3 of the commissioners elected and serving, and the governing

body of the city of Flint approve by resolutions the consolidation

of the sixty-seventh and sixty-eighth districts, all of the

following apply:

(a) Beginning the first January 2 after the approval of both

governing bodies, the sixty-eighth district is abolished and the

sixty-seventh district consists of the county of Genesee, is a

district of the first class, and is divided into the following

election divisions:

(i) The first division consists of the cities of Flushing and

Clio and the townships of Flushing, Flint, Montrose, Thetford, and

Vienna and has 1 judge.

(ii) The second division consists of the cities of Davison and

Burton and the townships of Davison, Forest, Richfield, and Atlas

and has 2 judges.

(iii) The third division consists of the city of Mt. Morris

and the townships of Mt. Morris and Genesee and has 1 judge.

(iv) The fourth division consists of the cities of ~~Fenton,~~

Grand Blanc , and Swartz Creek and the townships of Fenton,

Argentine, Grand Blanc, Mundy, Gaines, and Clayton and has 2

judges. The fourth division also includes the city of Fenton, which

is located in both the counties of Genesee and Oakland.

(v) The fifth division consists of the city of Flint. The

judgeships in the fifth division shall be filled by the incumbent

judges of the sixty-eighth district, who shall become judges of the

fifth division for the balance of the term to which they were

elected or appointed. The fifth division has the following number

of judges:

(A) If there are 5 judges in the sixty-eighth district at the

time the sixty-seventh and sixty-eighth districts are consolidated,

this division has 5 judges. This division has 4 judges beginning on

the date on which a vacancy occurs in the office of district judge

in this division unless the vacancy occurs after the vacating judge

has been defeated in a primary or general election, or the

beginning date of the term for which an incumbent district judge in

this division no longer seeks election or reelection to that

office, whichever is earlier.

(B) If there are 4 judges in the sixty-eighth district at the

time the sixty-seventh and sixty-eighth districts are consolidated,

this division has 4 judges.

(b) The clerk of the county of Genesee and the clerk of the

city of Flint shall file copies of the resolutions with the state

court administrator, who, as authorized by the supreme court, shall

notify the elections division of the department of state that the

consolidation has been approved under this section.

~~amendatory act that added this subdivision,~~ March 27, 2014, the

governing body of the county of Genesee shall maintain a court

facility in each municipality within the county where a court

facility exists on ~~the effective date of the amendatory act that~~

~~added this subdivision.~~ March 27, 2014. The governing body of the

county of Genesee may maintain court facilities in any municipality

within the county after ~~the 2-year period described in this~~

~~subdivision has elapsed.~~March 27, 2016.

(d) By proposing or authorizing the consolidation of the

sixty-seventh and sixty-eighth 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.

(e) Sections 8177 and 8178 do not apply to the consolidation

of the sixty-seventh and sixty-eighth districts.