SENATE BILL No. 519

May 30, 2001, Introduced by Senators SIKKEMA, JOHNSON, KOIVISTO, STEIL, BULLARD

and NORTH and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 6404, 6407, 6410, 6413, and 6461 (MCL

600.6404, 600.6407, 600.6410, 600.6413, and 600.6461), section

6410 as amended by 1986 PA 308, and by adding section 6408.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 6404. (1) The court of claims is created as a function

2 of the circuit court for the thirtieth judicial circuit, THE

3 SEVENTEENTH JUDICIAL CIRCUIT, THE SIXTH JUDICIAL CIRCUIT, THE

4 THIRD JUDICIAL CIRCUIT, AND THE TWENTY-FIFTH JUDICIAL CIRCUIT. A

5 circuit judge of the thirtieth ANY OF THOSE judicial circuit

6 CIRCUITS and any judge assigned into the thirtieth ANY OF THOSE

7 judicial circuit CIRCUITS by the state court administrator may

8 exercise the jurisdiction of the court of claims as provided by

9 law. THE CHIEF JUDGE OF EACH OF THOSE CIRCUITS SHALL DESIGNATE

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1 AT LEAST 2 BUT NOT MORE THAN 3 JUDGES OF THE CIRCUIT WHO SHALL

2 SIT AS JUDGES OF THE COURT OF CLAIMS. THE ASSIGNMENT OF COURT OF

3 CLAIMS CASES TO THOSE JUDGES SHALL BE MADE RANDOMLY.

4 (2) In case of the disability or absence from the place of

5 holding court of a circuit judge before whom, while sitting as

6 the judge of the court of claims, a case has been tried or motion

7 heard, another circuit judge designated to sit as the judge of

8 the court of claims to may continue, hear, determine, and sign

9 all matters that his or her predecessor could have continued,

10 heard, determined, and signed.

11 (3) In case a circuit judge designated to sit as the judge

12 of the court of claims dies before signing a judgment and after

13 filing a finding of fact or rendering an opinion upon proof sub-

14 mitted and argument of counsel disposing of all or part of the

15 issues in the case involved, a successor as judge of the court of

16 claims may proceed with that action in a manner consistent with

17 the finding or opinion and the judge is given the same powers as

18 if the finding of fact had been made or the opinion had been

19 rendered by the successor judge.

20 Sec. 6407. The court shall hold at least 4 sessions in each

21 year. Sessions of the court of claims may be held in the vari-

22 ous circuits in the state as the supreme court administrator may

23 determine. If the hearing in a particular case is to be held at

24 a place other than the city of Lansing, due notice shall be given

25 to all interested persons. The sheriff of the county within

26 which a case is heard, or 1 of his THE SHERIFF'S deputies,

27 shall serve as court officer without additional compensation

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1 therefor FOR THAT SERVICE. The department of management and

2 budget shall furnish the court with suitable space and equipment

3 in the city CITIES of Lansing, GRAND RAPIDS, PONTIAC, DETROIT,

4 AND MARQUETTE.

5 SEC. 6408. (1) FOR PURPOSES OF THIS CHAPTER, THE STATE IS

6 DIVIDED INTO 5 JUDICIAL DISTRICTS. THE DISTRICTS ARE CONSTITUTED

7 AND NUMBERED AS FOLLOWS:

8 (A) DISTRICT 1 CONSISTS OF THE COUNTIES OF WAYNE, MONROE,

9 AND LENAWEE. A CAUSE OF ACTION OVER WHICH THE COURT OF CLAIMS

10 HAS JURISDICTION THAT ARISES IN 1 OF THOSE COUNTIES SHALL BE

11 TRIED IN THE THIRD JUDICIAL CIRCUIT.

12 (B) DISTRICT 2 CONSISTS OF THE COUNTIES OF GENESEE,

13 SHIAWASSEE, OAKLAND, AND MACOMB. A CAUSE OF ACTION OVER WHICH

14 THE COURT OF CLAIMS HAS JURISDICTION THAT ARISES IN 1 OF THOSE

15 COUNTIES SHALL BE TRIED IN THE SIXTH JUDICIAL CIRCUIT.

16 (C) DISTRICT 3 CONSISTS OF THE COUNTIES OF BERRIEN, CASS,

17 ST. JOSEPH, BRANCH, HILLSDALE, WASHTENAW, LIVINGSTON, JACKSON,

18 CALHOUN, KALAMAZOO, VAN BUREN, ALLEGAN, BARRY, KENT, OTTAWA, AND

19 MUSKEGON. A CAUSE OF ACTION OVER WHICH THE COURT OF CLAIMS HAS

20 JURISDICTION THAT ARISES IN 1 OF THOSE COUNTIES SHALL BE TRIED IN

21 THE SEVENTEENTH JUDICIAL CIRCUIT.

22 (D) DISTRICT 4 CONSISTS OF THE COUNTIES OF EATON, INGHAM,

23 IONIA, MONTCALM, CLINTON, GRATIOT, SAGINAW, TUSCOLA, LAPEER,

24 ST. CLAIR, SANILAC, HURON, BAY, MIDLAND, ISABELLA, MECOSTA,

25 NEWAYGO, OCEANA, MASON, LAKE, OSCEOLA, CLARE, GLADWIN, ARENAC,

26 IOSCO, OGEMAW, ROSCOMMON, MISSAUKEE, WEXFORD, MANISTEE, BENZIE,

27 GRAND TRAVERSE, LEELANAU, KALKASKA, CRAWFORD, OSCODA, ALCONA,

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1 ALPENA, MONTMORENCY, OTSEGO, ANTRIM, EMMET, CHARLEVOIX,

2 CHEBOYGAN, PRESQUE ISLE, LUCE, AND ALGER. A CAUSE OF ACTION OVER

3 WHICH THE COURT OF CLAIMS HAS JURISDICTION THAT ARISES IN 1 OF

4 THOSE COUNTIES SHALL BE TRIED IN THE THIRTIETH JUDICIAL CIRCUIT.

5 (E) DISTRICT 5 CONSISTS OF THE COUNTIES OF MACKINAC,

6 CHIPPEWA, SCHOOLCRAFT, DELTA, MENOMINEE, DICKINSON, MARQUETTE,

7 IRON, BARAGA, HOUGHTON, KEWEENAW, GOGEBIC, AND ONTONAGON. A

8 CAUSE OF ACTION OVER WHICH THE COURT OF CLAIMS HAS JURISDICTION

9 THAT ARISES IN 1 OF THOSE COUNTIES SHALL BE TRIED IN THE

10 TWENTY-FIFTH JUDICIAL CIRCUIT.

11 (2) NOTWITHSTANDING SUBSECTION (1), THE COMPLAINT IN A CAUSE

12 OF ACTION OVER WHICH THE COURT OF CLAIMS HAS JURISDICTION SHALL

13 BE FILED IN THE CIRCUIT COURT FOR THE THIRTIETH JUDICIAL CIRCUIT.

14 Sec. 6410. (1) The circuit judges of the thirtieth EACH

15 OF THE 5 judicial circuit CIRCUITS NAMED IN SECTION 6404(1)

16 shall appoint or remove the A clerk of the court of claims.

17 (2) For making copies of records, proceedings, and testimony

18 and furnishing the same at the request of the claimant, or any

19 other person, the A clerk of the court of claims, or any

20 reporter or recorder serving in the court of claims shall be

21 entitled, in addition to salary, to the same fees as are by law

22 provided for court reporters or recorders in the circuit court.

23 No charge shall be made against the state for services rendered

24 for furnishing copies of records, proceedings, or testimony or

25 other papers to the attorney general.

26 (3) Process issued by the court may be served by any member

27 of the Michigan state police as well as any other officer or

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1 person authorized to serve process issued out of the circuit

2 court.

3 Sec. 6413. (1) The state shall reimburse the county

4 COUNTIES of Ingham, KENT, OAKLAND, WAYNE, AND MARQUETTE for the

5 reasonable and actual costs incurred by that county THOSE

6 COUNTIES for implementing jurisdictional duties in the circuit

7 court imposed on that county THOSE COUNTIES by this chapter

8 INCLUDING COSTS OF THE CLERK OF THE COURT OF CLAIMS.

9 (2) The county COUNTIES of Ingham, KENT, OAKLAND, WAYNE,

10 AND MARQUETTE shall submit quarterly its THEIR itemized costs

11 as described in this section to the state court administrative

12 office. After determination by the state court administrator of

13 the reasonableness of the amount to be paid, payment shall be

14 made pursuant to the accounting laws of this state.

15 Determination of reasonableness by the state court administrator

16 shall be conclusive.

17 (3) Full-time employees of the court of claims are trans-

18 ferred to the circuit court for the thirtieth judicial circuit.

19 Seniority rights, annual leave, sick leave, longevity pay and

20 retirement benefits to which employees of the court of claims are

21 now entitled shall be preserved and the employees shall be con-

22 tinued in their positions in the court of claims in the thirtieth

23 judicial circuit in a manner not inferior to their prior status.

24 The obligation of the state for retirement benefits to employees

25 of the court of claims for their accrued service in the court of

26 claims shall not be transferred. The retirement system available

27 to public employees in Ingham county shall provide retirement

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1 benefits to employees of the court of claims not inferior to

2 those provided therefor under their prior status.

3 Sec. 6461. (1) At the commencement of each session of the

4 legislature and at such other times during the session as he OR

5 SHE may deem proper, the clerk of the court OF CLAIMS IN EACH OF

6 THE 5 CIRCUITS NAMED IN SECTION 6404(1) shall report to the leg-

7 islature the claims upon which the court has finally acted, with

8 a statement of the judgment rendered in each case.

9 (2) The clerk shall submit a detailed statement of the

10 amount of each claim allowed by the court to the auditor general

11 and the budget director.

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