SB-0281, As Passed Senate, May 14, 2015
April 16, 2015, Introduced by Senators SCHUITMAKER and JONES and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
8322. (1) A person An
individual serving as a bailiff of
the
common pleas court of Detroit on August 31, 1981, pursuant to
under an appointment under section 23 of former 1929 PA 260, shall
become a bailiff of the district court in the thirty-sixth district
on
September 1, 1981. A bailiff shall be is considered a court
officer under section 8321(1) for the exclusive purpose of serving
civil process in a civil action commenced in the district court in
the thirty-sixth district, except for process issued in a summary
proceeding under chapter 57. All process issued by the district
court
in civil actions shall be rotated among the bailiffs pursuant
to
under rules adopted by the court. A bailiff shall file
with the
clerk of the court a surety bond in the amount of $100,000.00 with
a surety company. The district control unit shall pay the premium
on
the surety bond. shall be paid by the district control unit. A
bailiff
shall possess has only the powers necessary to serve
process
issued by the court. A bailiff governed pursuant to under
this subsection may bear arms while in office and in the exercise
of his or her duties as bailiff. A bailiff shall hold office until
death, retirement, resignation, or removal from office by the court
for inability to perform essential functions of the office or for
misfeasance or malfeasance in office. A vacancy in the office of
bailiff
as established pursuant to under
this subsection shall not
be filled.
(2)
A person An individual serving as a bailiff of the common
pleas
court on August 31, 1981, pursuant to under an appointment
under section 31 of former 1929 PA 260, shall become a bailiff of
the district court in the thirty-sixth district on September 1,
1981.
A bailiff shall be is considered a court officer under
section 8321(1) for the exclusive purpose of serving civil process
in summary proceedings commenced under chapter 57 in the district
court in the thirty-sixth district. All process issued by the
district court in summary proceedings shall be rotated among the
bailiffs
pursuant to under rules adopted by the court, except that
a
writ of restitution shall must
be issued to the bailiff to whom
the summons was issued in the particular proceeding. A bailiff
shall file with the clerk of the court a surety bond in an amount
of $100,000.00 with a surety company. The district control unit
shall
pay the premium on the surety bond. shall
be paid by the
district
control unit. A bailiff governed pursuant
to under this
subsection
shall be is considered a peace officer only for the
purpose of receiving compensation provided by 1937 PA 329, MCL
419.101 to 419.104. A bailiff shall hold office until death,
retirement, resignation, or removal from office by the court for
inability to perform essential functions of the office or for
misfeasance or malfeasance in office. A vacancy in the office of
bailiff
established pursuant to under
this subsection shall not be
filled.
(3)
A bailiff governed pursuant to under
this section shall
keep a written record of the date, amount, and nature of each
financial transaction conducted by the bailiff in the course of his
or
her service as bailiff. An The
district control unit shall
annually conduct an audit of each bailiff's financial transactions
shall
be conducted annually by the district control unit and
reported
and report the audit immediately to the judges of the
district. If the audit prescribed by this subsection is not
conducted by the district control unit before June 30 of any year,
the judges of the court shall contract with a certified public
accountant to perform the audit. If a certified public accountant
is required to perform the audit, the district control unit shall
pay
the cost of the audit. shall
be paid by the district control
unit.
(4) Upon the existence of a vacancy in the office of bailiff
established under this section, the chief judge of the district may
appoint
a court officer pursuant to under
section 8321(1).
(5)
A bailiff serving civil process pursuant to under
subsection (1) or (2) shall be compensated by salary and the fees
and mileage prescribed in section 8326. A full-time bailiff, as
defined by the employer designated under section 8274(2) or (3),
shall receive from the city of Detroit a $20,000.00 annual salary.
For each part-time bailiff, as defined by the employer designated
under section 8274(2) or (3), the employer designated under section
8274(2)
or (3) shall establish a salary which that is a pro rata
portion of $20,000.00 based on that portion of a full-time
bailiff's
workload to be assigned to the bailiff. A bailiff covered
by
described in this subsection is not entitled to any compensation
from the city of Detroit other than that specifically authorized in
this subsection.
(6)
A bailiff serving civil process pursuant to under
subsection (1) or (2) shall not become a member of the state
employees' retirement system created by the state employees'
retirement act, 1943 PA 240, MCL 38.1 to 38.69. Beginning September
1, 1981, the city of Detroit shall contribute to the retirement
system in which the bailiff is a member on August 31, 1981, an
amount
equal to the amount which that
the state would have
contributed
to the state employees' retirement system pursuant to
under the state employees' retirement act, 1943 PA 240, MCL 38.1 to
38.69, if the bailiff had become a member of the state employees'
retirement system, based on the salary paid by the city of Detroit
pursuant
to under subsection (5). Beginning September 1, 1981, each
bailiff shall continue to contribute to the retirement system in
which the bailiff is a member on August 31, 1981, as required by
ordinance,
based on salary and fees received pursuant to under
subsection (5), except mileage.
(7) From each filing fee collected under section 8371, the
clerk of the court shall pay to the Wayne county retirement system
the
sum of $1.00, to be credited to the
retirement fund of the
bailiffs of the district court in the thirty-sixth district serving
civil
process pursuant to under subsection (1). The county of Wayne
shall annually review the retirement fund and shall ensure that the
fund is maintained in an actuarially sound condition. Copies of the
actuarial reports shall be provided to the employer designated
under section 8274(2) or (3) and to the chief judge of the thirty-
sixth district.
(8) From each filing fee collected for filing a summary
proceeding under section 5756, the clerk of the court shall pay to
the
Wayne county retirement system the sum of $1.00 for each
defendant served in the proceeding, to be credited to the
retirement fund of the bailiffs of the district court in the
thirty-sixth
district serving civil process pursuant to under
subsection (2). However, the amount credited to the retirement fund
under this subsection shall not exceed 1/2 of the fee collected in
a proceeding. The county of Wayne shall annually review the
retirement fund and shall ensure that the fund is maintained in an
actuarially sound condition. Copies of the actuarial reports shall
be provided to the employer designated under section 8274(2) or (3)
and to the chief judge of the thirty-sixth district.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.