November 6, 2014, Introduced by Senator SCHUITMAKER 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 must
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 must 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 On 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 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 Except as otherwise
provided in subsection (9), 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 must be provided to the employer designated
under section 8274(2) or (3) and to the chief judge of the thirty-
sixth district.
(8)
From Except as otherwise
provided in subsection (9), 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 must
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 must
be provided to the
employer designated under section 8274(2) or (3) and to the chief
judge of the thirty-sixth district.
(9) After the death of the last surviving bailiff to serve in
the district court in the thirty-sixth district under subsections
(1) and (2) or the last surviving spouse or other beneficiary
eligible for survivor's benefits from the Wayne county retirement
system because of his or her relationship to the bailiff, the clerk
of the court shall pay the portion of the filing fees described in
subsections (7) and (8) to the district court in the thirty-sixth
district.