MUNICIPAL COURTS H.B. 6168-6170:
FLOOR SUMMARY
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House Bills 6168, 6169, and 6170 (as discharged)
Sponsor: Representative Timothy Bledsoe
House Committee: Judiciary
Senate Committee: Judiciary
CONTENT
House Bills 6168, 6169, and 6170 would amend various statutes to do the following:
-- Provide for the jurisdiction of a municipal court in one city with respect to a newly incorporated city that previously was a village.
-- Prescribe eligibility criteria for a person running to be a judge of that municipal court.
-- Specify who would be a qualified elector for purposes of electing a judge of that municipal court.
House Bills 6169 and 6170 are tie-barred to House Bill 6168.
House Bill 6168 would amend Section 9928(3) of the Revised Judicature Act (RJA) to provide that if a district contains one or more cities that have retained municipal courts as provided in the RJA, and also contains a city that previously was a village subject to Section 22a of the Home Rule Village Act but subsequently was incorporated as a city, that city could, by agreement with any one of the cities in the district, provide that the municipal court would exercise the same jurisdiction and powers with respect to the newly incorporated city as it exercises in the city in which it is located.
(Section 22a of the Home Rule Village Act requires the district court or municipal court in a district that contains a village to hear all cases that occur within the village's boundaries and come within the court's jurisdiction.)
Currently, Section 9928(3) states that the jurisdiction of municipal courts is limited to their respective cities except, where the district contains one or more townships, the municipal courts must exercise the same jurisdiction and powers in the townships as they exercise in their respective cities. The bill would replace that exception with the provision described above.
House Bill 6169 would amend the Michigan Uniform Municipal Court Act to specify that, except as provided below, a person would not be eligible for the office of judge of municipal court unless he or she were a registered and qualified elector of the city in which election was sought by the filing deadline or the date he or she filed an affidavit of candidacy.
For purposes of an election or special election for the office of judge of a municipal court that exercised jurisdiction over another city pursuant to Section 9928(3) of the RJA, a person would be eligible for that office if he or she met all other requirements for that office and had resided for 30 days or more in the other city over which municipal court jurisdiction was exercised.
House Bill 6170 would amend the Michigan Election Law to provide that for purposes of an election for the office of judge of a municipal court that exercised jurisdiction over another city pursuant to Section 9928(3) of the RJA, the term "qualified elector" would include a person who met the constitutional qualifications of an elector and had resided for 30 days in the other city over which municipal court jurisdiction was exercised.
For purposes of registering to vote and voting at an election or special election for judge of that municipal court, a person who resided in the other city over which municipal court jurisdiction was exercised would be considered a resident of the city in which the court was located and could register for, and vote in, that election in the city where he or she resided.
MCL 600.9928 (H.B. 6168) Legislative Analyst: Suzanne Lowe
Proposed MCL 730.508a (H.B. 6169)
MCL 168.10 et al. (H.B. 6170)
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Date Completed: 12-1-10 Fiscal Analyst: Bill Bowerman
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb6168-6170/0910