HOUSE BILL NO. 4223

February 11, 2021, Introduced by Reps. LaGrand, Filler and Scott and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 6410 and 6413 (MCL 600.6410 and 600.6413), as amended by 2013 PA 164.

the people of the state of michigan enact:

Sec. 6410. (1) The clerk of the court of appeals shall serve as the clerk of the court of claims for purposes of receiving a filing under subsection (2), or for filing a notice of intention to file a claim under section 6431, assigning a cause of action under subsection (3), and all other matters requiring the attention of the clerk in a matter before the case is assigned under subsection (2).

(2) A plaintiff may shall file a cause of action in the court of claims in any court of appeals district. After issuing a summons, the clerk of the court of appeals shall forward a cause of action filed under this section to the clerk of the circuit court in which the matter will be heard. After a matter is forwarded as provided in this subsection, the clerk of the circuit court where the matter is assigned shall act as the clerk of the court of claims for that matter.

(3) The clerk of the court of claims appeals shall, by blind draw, assign a cause of action filed in the court of claims to a judge of the circuit court of appeals judge sitting as a court of claims judge.

(4) 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 is 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 may be made against the this state for services rendered for furnishing copies of records, proceedings, or testimony or other papers to the attorney general.

(5) Process issued by the court may be served by any member of the Michigan department of state police as well as any other officer or person authorized to serve process issued out of the circuit court.

Sec. 6413. (1) The court of claims shall sit in the circuit court of appeals district where a the judge of the circuit 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) This state shall reimburse the counties in which the court of claims sits for the reasonable and actual costs incurred by those counties for implementing jurisdictional duties in the circuit court imposed on the counties by this chapter. The counties in which the court of claims sits shall submit quarterly the counties' 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 must be made under the accounting laws of this state. Determination of reasonableness by the state court administrator is conclusive.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4222 (request no. 00263'21 *) of the 101st Legislature is enacted into law.