SB-0652, As Passed House, November 6, 2013

SUBSTITUTE FOR

SENATE BILL NO. 652

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 308, 841, 6404, 6407, 6410, 6413, 6419, 6421,

6422, and 8304 (MCL 600.308, 600.841, 600.6404, 600.6407, 600.6410,

600.6413, 600.6419, 600.6421, 600.6422, and 600.8304), section 308

as amended by 2012 PA 333, sections 841 and 8304 as amended by 2012

PA 338, section 6410 as amended by 1986 PA 308, and sections 6419

and 6421 as amended by 1984 PA 212; and to repeal acts and parts of

acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 308. (1) The court of appeals has jurisdiction on appeals

from the following orders and judgments, which ~~shall be~~ are

appealable as a matter of right:

(a) All final judgments from the circuit court, court of

claims, and recorder's court, except judgments on ordinance

violations in the traffic and ordinance division of recorder's

court and final judgments and orders described in subsections (2)

and (3).

(b) Those orders of the probate court from which an appeal as

of right may be taken under section 861.

(2) The court of appeals has jurisdiction on appeal from the

following orders and judgments ~~which~~ that shall be reviewable only

upon application for leave to appeal granted by the court of

appeals:

(a) A final judgment or order made by the circuit court under

any of the following circumstances:

(i) In an appeal from an order, sentence, or judgment of the

probate court under section 863(1) and (2).

(ii) In an appeal from a final judgment or order of the

district court appealed to the circuit court under section 8342.

(iii) An appeal from a final judgment or order of a municipal

court.

(iv) In an appeal from an ordinance violation conviction in the

traffic and ordinance division of recorder's court of the city of

Detroit, if the conviction occurred before September 1, 1981.

(b) An order, sentence, or judgment of the probate court, if

the probate court certifies the issue or issues under section

863(3).

the city of Detroit in an appeal from the district court in the

thirty-sixth district under section 8342(2).

(d) A final order or judgment from the circuit court or

recorder's court for the city of Detroit based upon a defendant's

plea of guilty or nolo contendere.

(e) Any other judgment or interlocutory order as determined by

court rule.

(3) An order concerning the assignment of a case to the

business court under chapter 80 shall not be appealed to the court

of appeals.

(4) The court of appeals has exclusive original jurisdiction

over any action challenging the validity of section 6404, 6410,

6413, or 6419.

Sec. 841. (1) The probate court has jurisdiction and power as

follows:

(a) As conferred upon it under the estates and protected

individuals code, 1998 PA 386, MCL 700.1101 to 700.8206.

(b) As conferred upon it under the mental health code, 1974 PA

258, MCL 330.1001 to 330.2106.

(d) As conferred upon it under another law or compact.

(2) In a judicial circuit in which the probate court is

affected by a plan of concurrent jurisdiction adopted under chapter

4, the probate court has concurrent jurisdiction with the circuit

court or the district court, or both, as provided in the plan of

concurrent jurisdiction, except as to the following matters:

(a) The circuit court has exclusive jurisdiction over appeals

from the district court and from administrative agencies as

authorized by law.

(b) The circuit court has exclusive jurisdiction and power to

issue, hear, and determine prerogative and remedial writs

consistent with section 13 of article VI of the state constitution

of 1963.

~~(c) The circuit court has exclusive jurisdiction to hear and~~

~~decide matters within the jurisdiction of the court of claims under~~

~~chapter 64.~~

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

~~the circuit court for the thirtieth judicial circuit.~~ consists of 4

court of appeals judges from at least 2 court of appeals districts

assigned by the supreme court. A ~~circuit~~ court of appeals judge of

~~the thirtieth judicial circuit and any judge assigned into the~~

~~thirtieth judicial circuit by the state court administrator~~ while

sitting as a judge of the court of claims may exercise the

jurisdiction of the court of claims as provided by law.

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

~~holding court of a circuit judge before whom while sitting as the~~

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

~~another circuit judge designated to sit as the judge of the court~~

~~of claims to may continue, hear, determine, and sign all matters~~

~~that his or her predecessor could have continued, heard,~~

~~determined, and signed.~~

(2) All matters pending in the court of claims as of the

effective date of the amendatory act that added this subsection

shall be transferred to the clerk of the court of appeals, acting

as the clerk of the court of claims, for assignment to a court of

appeals judge sitting as a court of claims judge pursuant to

section 6410. The transfer shall be effective on the effective date

of the amendatory act that added this subsection.

(3) Beginning on the effective date of the amendatory act that

added this subsection, any matter within the jurisdiction of the

court of claims described in section 6419(1) pending or later filed

in any court must, upon notice of the state or a department or

officer of the state, be transferred to the court of claims

described in subsection (1). The transfer shall be effective upon

the filing of the transfer notice. The state or a department or

officer of this state shall file a copy of the transfer notice with

the clerk of the court of appeals, who shall act as the clerk of

the court of claims, for assignment to a court of appeals judge

sitting as a court of claims judge pursuant to section 6410.

(4) If a judge assigned to serve on the court of claims is

disabled, disqualified, or otherwise unable to attend to a matter,

another judge assigned to sit as a judge of the court of claims may

continue, hear, determine, and sign orders and other documents in

the matter.

(5) ~~(3)~~ In case a ~~circuit~~ court of appeals judge designated to

sit as the judge of the court of claims dies before signing a

judgment and after filing a finding of fact or rendering an opinion

upon proof submitted and argument of counsel disposing of all or

part of the issues in the case involved, a successor as judge of

the court of claims may proceed with that action in a manner

consistent with the finding or opinion and the judge is given the

same powers as if the finding of fact had been made or the opinion

had been rendered by the successor judge.

(6) A judge assigned as a judge of the court of claims shall

be assigned for a term of 2 years and may be reassigned at the

expiration of that term.

(7) The term of a judge of the court of claims expires on May

1 of each odd-numbered year.

(8) When a judge who is sitting as a judge of the court of

claims leaves office or is otherwise unable to serve as a judge of

the court of claims, the supreme court may assign a court of

appeals judge to serve for the remainder of the judge's term on the

court of claims.

(9) The supreme court shall select a chief judge of the court

of claims from among the court of appeals judges assigned to the

court of claims.

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

year. Sessions of the court of claims may be held in the various

~~circuits~~ court of appeals districts in the state as the supreme

court administrator may determine. ~~If the hearing in a particular~~

~~case is to be held at a place other than the city of Lansing, due~~

~~notice shall be given to all interested persons. The sheriff of the~~

~~county within which a case is heard, or 1 of his deputies, shall~~

~~serve as court officer without additional compensation therefor.~~

The department of technology, management, and budget shall furnish

the court with suitable space and equipment. ~~in the city of~~

~~Lansing.~~

Sec. 6410. (1) The ~~circuit judges of the thirtieth judicial~~

~~circuit shall appoint or remove the~~ clerk of the court of appeals

shall serve as the clerk of the court of claims.

(2) A plaintiff may file a cause of action in the court of

claims in any court of appeals district.

(3) The clerk of the court of claims shall, by blind draw,

assign a cause of action filed in the court of claims to a court of

appeals judge sitting as a court of claims judge.

(4) ~~(2)~~ For making copies of records, proceedings, and

testimony and furnishing the same at the request of the claimant,

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

reporter or recorder serving in the court of claims shall be

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

provided for court reporters or recorders in the circuit court. No

charge shall be made against the state for services rendered for

furnishing copies of records, proceedings, or testimony or other

papers to the attorney general.

(5) ~~(3)~~ Process issued by the court may be served by any

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

person authorized to serve process issued out of the circuit court.

Sec. 6413. ~~(1) The state shall reimburse the county of Ingham~~

~~for the reasonable and actual costs incurred by that county for~~

~~implementing jurisdictional duties in the circuit court imposed on~~

~~that county by this chapter.~~The court of claims shall sit in the

court of appeals district where a court of appeals judge serving as

a judge of the court of claims sits, unless otherwise determined by

the chief judge of the court of claims.

~~(2) The county of Ingham shall submit quarterly its itemized~~

~~costs as described in this section to the state court~~

~~administrative office. After determination by the state court~~

~~administrator of the reasonableness of the amount to be paid,~~

~~payment shall be made pursuant to the accounting laws of this~~

~~state. Determination of reasonableness by the state court~~

~~administrator shall be conclusive.~~

~~(3) Full-time employees of the court of claims are transferred~~

~~to the circuit court for the thirtieth judicial circuit. Seniority~~

~~rights, annual leave, sick leave, longevity pay and retirement~~

~~benefits to which employees of the court of claims are now entitled~~

~~shall be preserved and the employees shall be continued in their~~

~~positions in the court of claims in the thirtieth judicial circuit~~

~~in a manner not inferior to their prior status. The obligation of~~

~~the state for retirement benefits to employees of the court of~~

~~claims for their accrued service in the court of claims shall not~~

~~be transferred. The retirement system available to public employees~~

~~in Ingham county shall provide retirement benefits to employees of~~

~~the court of claims not inferior to those provided therefor under~~

~~their prior status.~~

Sec. 6419. (1) Except as provided in sections ~~6419a~~ 6421 and

6440, the jurisdiction of the court of claims, as conferred upon it

by this chapter, ~~shall be~~ is exclusive. All actions initiated in

the court of claims shall be filed in the court of appeals. The

state administrative board is ~~hereby~~ vested with discretionary

authority upon the advice of the attorney general , to hear,

consider, determine, and allow any claim against the state in an

amount less than $1,000.00. Any claim so allowed by the state

administrative board shall be paid in the same manner as judgments

are paid under section 6458 upon certification of the allowed claim

by the secretary of the state administrative board to the clerk of

the court of claims. ~~The~~ Except as otherwise provided in this

section, the court has the following power and jurisdiction:

(a) To hear and determine ~~all claims and demands,~~ any claim or

demand, statutory or constitutional, liquidated ~~and~~ or

unliquidated, ex contractu ~~and~~ or ex delicto, or any demand for

monetary, equitable, or declaratory relief or any demand for an

extraordinary writ against the state ~~and~~ or any of its departments

~~, commissions, boards, institutions, arms, or agencies.~~or officers

notwithstanding another law that confers jurisdiction of the case

in the circuit court.

(b) To hear and determine any ~~claims~~ claim or ~~demands,~~ demand,

statutory or constitutional, liquidated or unliquidated, ex

contractu or ex delicto, ~~which~~ or any demand for monetary,

equitable, or declaratory relief or any demand for an extraordinary

writ that may be pleaded by way of counterclaim on the part of the

state or any ~~department, commission, board, institution, arm, or~~

~~agency of the state~~ of its departments or officers against any

claimant who may bring an action in the court of claims. Any claim

of the state or of any ~~department, commission, board, institution,~~

~~arm, or agency of the state~~ of its departments or officers may be

pleaded by way of counterclaim in any action brought against the

state , or any ~~other department, commission, board, institution,~~

~~arm, or agency of the state.~~of its departments or officers.

considers necessary.

(d) To hear and determine any action challenging the validity

of a notice of transfer described in section 6404(2) or (3).

(2) The judgment entered by the court of claims upon any ~~such~~

claim described in subsection (1), either against or in favor of

the state or any ~~department, commission, board, institution, arm,~~

~~or agency of the state,~~ of its departments or officers, upon

becoming final ~~shall be~~ is res ~~adjudicata~~ judicata of that claim.

Upon the trial of any cause in which any demand is made by the

state or any ~~department, commission, board, institution, arm, or~~

~~agency of the state~~ of its departments or officers against the

claimant either by way of setoff, recoupment, or cross declaration,

the court shall hear and determine each claim or demand, and if the

court finds a balance due from the claimant to the state, the court

shall render judgment in favor of the state for the balance. Writs

of execution or garnishment may issue upon the judgment the same as

from the circuit court of this state. The judgment entered by the

court of claims upon any claim, either for or against the claimant,

~~shall be~~ is final unless appealed from as provided in this chapter.

(3) The court of claims ~~shall~~ does not have jurisdiction of

any claim for compensation under ~~the provisions of~~ either of the

following:

(a) The worker's disability compensation act of 1969, ~~Act No.~~

~~317 of the Public Acts of 1969, being sections 418.101 to 418.941~~

~~of the Michigan Compiled Laws.~~1969 PA 317, MCL 418.101 to 418.941.

(b) ~~Act No. 329 of the Public Acts of 1937, as amended, being~~

~~sections 419.101 to 419.104.~~1937 PA 329, MCL 419.101 to 419.104.

(4) This chapter ~~shall~~ does not deprive the circuit court of

this state of jurisdiction over actions brought by the taxpayer

under the general sales tax act, ~~Act No. 167 of the Public Acts of~~

~~1933, being sections 205.51 to 205.78 of the Michigan Compiled~~

~~Laws, or proceedings for declaratory or equitable relief, or any~~

~~other actions against state agencies based upon the statutes of~~

~~this state in such case made and provided, which expressly confer~~

~~jurisdiction thereof~~ 1933 PA 167, MCL 205.51 to 205.78, upon the

circuit court, or proceedings to review findings as provided in the

Michigan employment security act, ~~Act No. 1 of the Public Acts of~~

~~the Extra Session of 1936, being sections 421.1 to 421.72 of the~~

~~Michigan Compiled Laws,~~ 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75,

or any other similar tax or employment security proceedings

expressly authorized by the statutes of this state. ~~in such case~~

~~made and provided.~~

(5) This chapter does not deprive the circuit court of

exclusive jurisdiction over appeals from the district court and

administrative agencies as authorized by law.

(6) This chapter does not deprive the circuit court of

exclusive jurisdiction to issue, hear, and determine prerogative

and remedial writs consistent with section 13 of article VI of the

state constitution of 1963.

(7) As used in this section, "the state or any of its

departments or officers" means this state or any state governing,

legislative, or judicial body, department, commission, board,

institution, arm, or agency of the state, or an officer, employee,

or volunteer of this state or any governing, legislative, or

judicial body, department, commission, board, institution, arm, or

agency of this state, acting, or who reasonably believes that he or

she is acting, within the scope of his or her authority while

engaged in or discharging a government function in the course of

his or her duties.

Sec. 6421. ~~Cases in the court of claims~~ With the approval of

all parties, any matter within the jurisdiction of the court of

claims described in section 6419(1) may be joined for trial with

cases arising out of the same transaction or series of transactions

~~which~~ that are pending in any of the various trial courts of the

state. A case in the court of claims that has been joined with the

approval of all parties shall be tried and determined by the judge

even though the trial court action with which it may be joined is

tried to a jury under the supervision of the same trial judge.

Sec. 6422. (1) Practice and procedure in the court of claims

shall be in accordance with the statutes and court rules

prescribing the practice in the circuit courts of this state,

except as ~~herein~~ otherwise provided in this section.

(2) The supreme court ~~shall have power to make~~ may adopt

special rules for ~~said~~ the court of claims.

(3) All fees in the court of claims shall be at the rate

established by statute or court rule for actions in the circuit

courts of this state and shall be paid to the clerk of the court of

claims.

Sec. 8304. In a district court district in which the district

court is affected by a plan of concurrent jurisdiction adopted

under chapter 4, the district court has concurrent jurisdiction

with the circuit court or the probate court, or both, as provided

in the plan of concurrent jurisdiction, except as to the following

matters: