SB-0056, As Passed House, February 16, 2016
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 56
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555,
600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA
374, section 821 as amended by 2004 PA 492, and section 8202 as
amended by 1996 PA 388.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
304. (1) Effective January 1, 1997, and subject to
subsection
(2), each Each judge of the court of appeals shall
receive
an annual salary equal to the greater of the
following:calculated as follows:
(a) 92% of the annual salary of a justice of the supreme court
of
this state.as of December 31,
2015.
(b)
$114,007.00. In
addition to the amount calculated under
subdivision (a), an amount equal to the amount calculated under
subdivision (a) multiplied by the compounded aggregate percentage
pay increases, excluding lump-sum payments, paid to civil service
nonexclusively represented employees classified as executives and
administrators on or after January 1, 2016. The additional salary
under this subdivision takes effect on the same date as the
effective date of the pay increase paid to civil service
nonexclusively represented employees classified as executives and
administrators. The additional salary calculated under this
subdivision shall not be based on a pay increase paid to civil
service nonexclusively represented employees classified as
executives and administrators if the effective date of the increase
was before January 1, 2016.
(2)
An increase in the amount of salary payable to a judge of
the
court of appeals caused by an increase in the salary of a
justice
of the supreme court resulting from the operation of Act
No.
357 of the Public Acts of 1968, being sections 15.211 to 15.218
of
the Michigan Compiled Laws, shall not be effective until
February
1 of the year in which the increase in the salary of a
justice
of the supreme court becomes effective. If an increase in
salary
becomes effective on February 1 of a year in which an
increase
in the salary of a justice of the supreme court becomes
effective,
the increase shall be retroactive to January 1 of that
year.
(2) (3)
The judges shall be reimbursed for
their actual and
necessary
expenses from the state treasury , upon
the warrant of
the state treasurer.
(3) (4)
A judge of the court of appeals shall
be is eligible
to participate in the state contributory insurance programs on the
same basis as a justice of the supreme court.
Sec.
555. (1) Subject to subsection (5), each Each circuit
judge shall receive an annual salary payable by the state as
provided
in calculated under this section and may receive from any
county in which he or she regularly holds court an additional
salary as determined from time to time by the county board of
commissioners. In any county where an additional salary is granted,
it shall be paid at the same rate to all circuit judges regularly
holding court in that county.
(2)
Until the salary of a justice of the supreme court exceeds
$128,538.00,
each circuit judge shall receive an annual salary
determined
as follows:
(a)
An annual salary payable by the state of $65,314.00.
(b)
An additional salary payable by the county or counties of
the
judicial circuit. The state shall reimburse to a county or
counties
paying an additional salary to a circuit judge $43,943.00,
if
the total additional salary, including any cost-of-living
allowance,
payable by that county or counties to a circuit judge is
not
less than or more than $43,943.00. If the county or counties
pay
a circuit judge less than or more than $43,943.00, the county
or
counties are not entitled to reimbursement from the state under
this
subsection.
(3)
If the salary of a justice of the supreme court exceeds
$128,538.00
but is not more than $130,633.00, each circuit judge
shall
receive an annual salary determined as follows:
(a)
An annual salary payable by the state of $65,314.00.
(b)
An additional salary payable by the county or counties of
the
judicial circuit. If a county or counties paying an additional
salary
to a circuit judge pay a circuit judge the difference
between
85% of the salary of a justice of the supreme court and
$65,314.00,
the state shall reimburse to the county or counties
that
amount. If the county or counties pay a circuit judge an
additional
salary, including any cost-of-living allowance, that
exceeds
that amount, the county or counties are not entitled to
reimbursement
from the state under this subsection.
(2) (4)
If the salary of a justice of the supreme court
exceeds
$130,633.00, each Each circuit judge shall receive an
annual
salary determined calculated
as follows:
(a) An annual salary payable by the state that is the
difference between 85% of the salary of a justice of the supreme
court as of December 31, 2015 and $45,724.00.
(b)
An additional In addition
to the amount calculated under
subdivision (a), a salary payable by the county or counties of the
judicial circuit. The state shall reimburse to a county or counties
paying an additional salary to a circuit judge $45,724.00, if the
total additional salary, including any cost-of-living allowance,
payable
by that county or counties to a circuit judge is not
neither
less than or nor more
than $45,724.00. If the county or
counties pay a circuit judge less than or more than $45,724.00, the
county or counties are not entitled to reimbursement from the state
under this subsection.
(c) In addition to the amounts under subdivisions (a) and (b),
an amount payable by the state that is equal to the amounts
calculated under subdivisions (a) and (b) multiplied by the
compounded aggregate percentage pay increases, excluding lump-sum
payments, paid to civil service nonexclusively represented
employees classified as executives and administrators on or after
January 1, 2016. The additional salary under this subdivision takes
effect on the same date as the effective date of the pay increase
paid to civil service nonexclusively represented employees
classified as executives and administrators. The additional salary
under this subdivision shall not be based on a pay increase paid to
civil service nonexclusively represented employees classified as
executives and administrators if the effective date of the increase
was before January 1, 2016.
(5)
An increase in the amount of salary payable to a judge
under
subsection (1) caused by an increase in the salary payable to
a
justice of the supreme court resulting from the operation of Act
No.
357 of the Public Acts of 1968, being sections 15.211 to 15.218
of
the Michigan Compiled Laws, shall not be effective until
February
1 of the year in which the increase in the salary of a
justice
of the supreme court becomes effective. If an increase in
salary
becomes effective on February 1 of a year in which an
increase
in the salary of a justice of the supreme court becomes
effective,
the increase shall be retroactive to January 1 of that
year.
(3) (6)
Each circuit judge who holds court
in a county other
than the county of his or her residence shall be reimbursed for his
or her actual and necessary expenses incurred in holding court.
Each circuit judge entitled to the reimbursement shall certify the
expenses incurred to the court administrator for allowance. Upon
allowance by the administrator, the state treasurer shall issue a
warrant on the state treasury for payment.
(4) (7)
A circuit judge whose case load is
less than other
circuit judges may be authorized by the supreme court or state
court administrator to assist other courts and perform other
judicial
duties , for
limited periods or specific assignments. This
subsection shall not be construed as a directive to the supreme
court or state court administrator.
Sec. 821. (1) The following probate judges shall not engage in
the
practice of law other than as a judge and shall receive ,
subject
to subsection (6), an annual salary
provided in as
calculated under this section:
(a) A probate judge of a county that is not described in
section 807.
(b) The probate judge in each probate court district described
in section 807 in which a majority of the electors voting on the
question in each county of the probate court district has approved
or approves creation of the district.
(c) A probate judge in a county having a population of 15,000
or more according to the 1990 federal decennial census, if the
county
is not part of a probate court district created pursuant to
by law.
(d) A probate judge who has the jurisdiction, powers, duties,
and title of a district judge within his or her respective county
pursuant
to under section 810a.
(2) Each probate judge shall receive an annual salary
determined
calculated as follows:
(a) A minimum annual salary of the difference between 85% of
the salary of a justice of the supreme court as of December 31,
2015 and $45,724.00.
(b)
An additional In addition
to the amount calculated under
subdivision
(a), a salary of $45,724.00 paid by the
county or by
the
counties comprising a probate court
district. If a probate
judge receives a total additional salary of $45,724.00 from the
county , or from the counties comprising a probate
court district,
and
does not receive receives
neither less than or nor more
than
$45,724.00, including any cost-of-living allowance, the state shall
reimburse the county or counties the amount that the county or
counties have paid to the judge.
(c) In addition to the amounts under subdivisions (a) and (b),
an amount payable by the state that is equal to the amounts
calculated under subdivisions (a) and (b) multiplied by the
compounded aggregate percentage pay increases, excluding lump-sum
payments, paid to civil service nonexclusively represented
employees classified as executives and administrators on or after
January 1, 2016. The additional salary under this subdivision takes
effect on the same date as the effective date of the pay increase
paid to civil service nonexclusively represented employees
classified as executives and administrators. The additional salary
under this subdivision shall not be based on a pay increase paid to
civil service nonexclusively represented employees classified as
executives and administrators if the effective date of the increase
was before January 1, 2016.
(3) Six thousand dollars of the minimum annual salary provided
in
subsection (2) shall be paid by the county , or by the counties
comprising a probate court district, and the balance of that
minimum annual salary shall be paid by the state as a grant to the
county or the counties comprising the probate court district. The
county , or the counties comprising the probate court
district,
shall in turn pay that amount to the probate judge. The state shall
annually reimburse the county or counties $6,000.00 for each
probate
judge to offset the cost of to
the county or counties
required
by under this section.
(4)
The salary provided in calculated
under this section is
full compensation for all services performed by a probate judge,
except as otherwise provided by law. In a probate court district,
each county of the district shall contribute to the salary in the
same proportion as the population of the county bears to the
population of the district.
(5) An additional salary determined by the county board of
commissioners may be increased during a term of office but shall
not be decreased, except to the extent of a general salary
reduction in all other branches of government in the county. In a
county where an additional salary is granted, it shall be paid at
the same rate to all probate judges regularly holding court in the
county.
(6)
An increase in the amount of salary payable to a judge
under
subsection (1) caused by an increase in the salary payable to
a
justice of the supreme court resulting from the operation of 1968
PA
357, MCL 15.211 to 15.218, is not effective until February 1 of
the
year in which the increase in the salary of a justice of the
supreme
court becomes effective. If an increase in salary becomes
effective
on February 1 of a year in which an increase in the
salary
of a justice of the supreme court becomes effective, the
increase
is retroactive to January 1 of that year.
Sec.
8202. (1) Subject to subsection (3), a A district judge
shall
receive an annual salary payable by this state as provided in
calculated under this section.
(2) In addition to the salary received from this state under
subsection (1), a district judge may receive from a district
funding unit in which the judge regularly holds court an additional
salary as determined by the governing legislative body of the
district funding unit as provided in this section. Supplemental
salaries paid by a district funding unit shall be uniform as to all
judges who regularly hold court in the district funding unit.
However, the total annual additional salary paid to a district
court judge by the district funding units in which the judge
regularly holds court shall not cause the district judge's total
annual salary received from state and district funding unit funds
to exceed the maximum total salary allowed under this section.
(3)
An increase in the amount of salary payable to a judge
under
subsection (1) caused by an increase in the salary payable to
a
justice of the supreme court resulting from the operation of Act
No.
357 of the Public Acts of 1968, being sections 15.211 to 15.218
of
the Michigan Compiled Laws, shall not be effective until
February
1 of the year in which the increase in the salary of a
justice
of the supreme court becomes effective. If an increase in
salary
becomes effective on February 1 of a year in which an
increase
in the salary of a justice of the supreme court becomes
effective,
the increase shall be retroactive to January 1 of that
year.
(4)
Until the salary of a justice of a supreme court exceeds
$124,413.00,
each district judge shall receive an annual salary of
$104,507.00
determined as follows:
(a)
An annual salary of $58,783.00 payable by the state.
(b)
An additional salary of $45,724.00 payable by the district
funding
unit or units as provided in subsection (2). If a district
judge
receives a total additional salary of $45,724.00 from the
district
funding unit or units and does not receive less than or
more
than $45,724.00, including any cost-of-living allowance, the
state
shall reimburse the district funding unit or units the amount
that
the unit or units have paid to the judge.
(3) (5)
If the salary of a justice of the supreme court
exceeds
$124,413.00, each Each district judge shall receive an
annual
salary determined calculated
as follows:
(a)
A minimum annual salary of payable
by the state that is
equal to the difference between 84% of the salary of a justice of
the supreme court as of December 31, 2015 and $45,724.00.
(b)
An additional In addition
to the amount calculated under
subdivision (a), a salary of $45,724.00 from the district funding
unit or units as provided in subsection (2). If a district judge
receives a total additional salary of $45,724.00 from the district
funding
unit or units and does not receive receives neither less
than
or nor more than $45,724.00, including any cost-of-living
allowance, the state shall reimburse the district funding unit or
units the amount that the unit or units have paid to the judge.
(c) In addition to the amounts under subdivisions (a) and (b),
an amount payable by the state that is equal to the amounts
calculated under subdivisions (a) and (b) multiplied by the
compounded aggregate percentage pay increases, excluding lump-sum
payments, paid to civil service nonexclusively represented
employees classified as executives and administrators on or after
January 1, 2016. The additional salary under this subdivision takes
effect on the same date as the effective date of the pay increase
paid to civil service nonexclusively represented employees
classified as executives and administrators. The additional salary
under this subdivision shall not be based on a pay increase paid to
civil service nonexclusively represented employees classified as
executives and administrators if the effective date of the increase
was before January 1, 2016.
(4) (6)
A district judge who holds court in
a county other
than the county of the judge's residence shall be reimbursed for
his or her actual and necessary expenses incurred in holding court
upon certification and approval by the state court administrator.
Upon certification of the judge's expenses, the sum shall be paid
out
of the state treasury pursuant to under the accounting laws of
this state.
(5) (7)
Salaries of a district court judge
may be increased
but
shall not be decreased during a term of office, except and only
to the extent of a general salary reduction in all other branches
of government.
(6) (8)
A judge of the district court is
eligible to be a
member
of the Michigan judges retirement system created by under
the
judges retirement act of 1992, Act No. 234 of the Public Acts
of
1992, being sections 38.2101 to 38.2608 of the Michigan Compiled
Laws.1992 PA 234, MCL 38.2101 to 38.2670.
(7) (9)
The district court in a district
may hold evening and
Saturday sessions.