SB-0810, As Passed House, April 12, 2018

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 810

     A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 9940 (MCL 600.9940), as amended by 1982 PA 40.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 9940. (1) Subject to subsection (5), the district court

shall commence to function as of January 1, 1983 in the thirty-

second-b district and as of that date, all municipal courts within

that district shall be are abolished. The term of the incumbent

municipal judges in each city which that will compromise comprise

the thirty-second-b district on January 1, 1983 , shall expire

expires at 12 p.m. on December 31, 1982.

     (2) In the first election of a district court judge for the

thirty-second-b district, the candidate receiving the highest

number of votes in the general election to fill that office shall

serve a term of 6 years. The election of the district court judge

for the thirty-second-b district shall must take place pursuant to

chapter XXIA of Act No. 116 of the Public Acts of 1954, as amended,

being sections 168.467 to 168.467n of the Michigan Compiled

Laws.the Michigan election law, 1954 PA 116, MCL 168.467 to

168.467m.

     (3) All causes of action transferred to the district court

pursuant to section 9924(1) shall be as valid and subsisting as

they were in the court from which they were transferred. All orders

and judgments entered before January 1, 1983 , in the municipal

courts which that are abolished pursuant to under subsection (1)

shall be are appealable in like manner and to the same courts as

applicable before that date.

     (4) The rights and privileges accorded under section 8271(4),

(5), and (6) to employees of courts abolished by section 9921 shall

apply to employees of the municipal courts abolished by subsection

(1) to the same extent and effect.

     (5) Subsections (1) to (4) shall not apply nor shall any

district judgeship proposed for the thirty-second-b district be

authorized or filled by election unless each city and incorporated

village in the thirty-second-b district, by resolution adopted by

its governing body, approves the establishment of the district

court in the thirty-second-b district and the district judgeship

proposed for that district and unless the clerk of each city and

incorporated village adopting such a resolution files a copy of the

resolution with the secretary of state not later than 4 p.m. of May

11, 1982. The secretary of state shall immediately notify the state

court administrator with respect to the establishment of the

district court in the thirty-second-b district and the district

judgeship authorized for that district.

     (6) If each district control unit authorizes a second district

court judgeship pursuant to section 8121(18) and this subsection

for 1985, a district judge shall be elected in 1984 for a term of 6

years. If each district control unit authorizes a second district

court judgeship pursuant to section 8121(18) and this subsection

for 1987, a district judge shall be elected in 1986 for a term of 6

years. The second district judgeship proposed for the thirty-

second-b district shall must not be authorized to be filled by

election unless each district control unit of the district, by

resolution of 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 secretary of state not later than 4 p.m.

of the twelfth Tuesday preceding before the August primary to be

held in 1984 or 1986. The secretary of state shall immediately

notify the state court administrator with respect to the second

district judgeship authorized for the thirty-second-b district. The

election of the second district judge for the thirty-second-b

district shall must take place pursuant to chapter XXIA of Act No.

116 of the Public Acts of 1954, as amended, being sections 168.467

to 168.467n of the Michigan Compiled Laws.the Michigan election

law, 1954 PA 116, MCL 168.467 to 168.467m.

     (7) By enacting this section, the legislature is not mandating

Senate Bill No. 810 as amended April 10, 2018

that the district court function in the thirty-second-b district

nor any judgeship in the district. If a city or incorporated

village, acting through its governing body, approves the

establishment of the district court in the thirty-second-b district

and any district judgeship proposed by law for that district, that

approval constitutes an exercise of that city's or village's option

to provide a new activity or service or to increase the level of

activity or service offered in the city or village 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 city or

incorporated village of all expenses and capital improvements which

that may result from the establishment of the district court in the

thirty-second-b district and any judgeship. However, the exercise

of the option does not affect the state's obligation to pay a

portion of any district judge's salary as provided by law, or to

appropriate and disburse funds to the city or incorporated village

for the necessary costs of state requirements established by a

state law which that becomes effective on or after December 23,

1978.

[Enacting section 1. This amendatory act takes effect December 31,

2018.                             ]

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 809 of the 99th Legislature is enacted into

law.