Bill Text: MI HB4847 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Civil procedure; other; actions against this state; establish right to jury trial. Amends secs. 6419 & 6421 of 1961 PA 236 (MCL 600.6419 & 600.6421) & adds sec. 1476.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-09-10 - Printed Bill Filed 09/10/2015 [HB4847 Detail]

Download: Michigan-2015-HB4847-Introduced.html

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HOUSE BILL No. 4847

September 9, 2015, Introduced by Rep. Glenn and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 6419 and 6421 (MCL 600.6419 and 600.6421),

 

section 6419 as amended by 2013 PA 164 and section 6421 as amended

 

by 2013 PA 205, and by adding section 1476.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1476. (1) In any action against this state that is not

 

brought in the court of claims, the person bringing the action has

 

a right to trial by jury. A jury trial must be demanded in the same

 

manner as a jury trial is demanded in the circuit court under the

 

Michigan court rules.

 

     (2) This section applies to an action in which a person makes

 

any claim or demand against this state, whether constitutional or

 

statutory, liquidated or unliquidated, or arising from a contract

 

or a tort, or demands monetary, equitable, or declaratory relief

against this state. This section applies regardless of whether the

 

claim or demand was one as to which the claimant historically had a

 

right to jury trial.

 

     (3) In an action in which a jury has been demanded under

 

subsection (1), the jury shall determine all questions of fact and

 

law, unless the person bringing the action stipulates otherwise.

 

     Sec. 6419. (1) Except as otherwise provided in this section

 

and sections 6421 and 6440, the jurisdiction of the court of

 

claims, as conferred upon on it by this chapter, is exclusive. All

 

actions initiated in the court of claims shall must be filed in the

 

court of appeals. The state administrative board is vested with

 

discretionary authority upon on the advice of the attorney general

 

to hear, consider, determine, and allow any claim against the this

 

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. Except as otherwise provided in

 

this section, the court of claims has the following power and

 

jurisdiction:

 

     (a) To hear and determine any claim or demand, statutory or

 

constitutional, liquidated or unliquidated, ex contractu or ex

 

delicto, or any demand for monetary, equitable, or declaratory

 

relief or any demand for an extraordinary writ against the this

 

state or any of its departments or officers, notwithstanding

 

another law that confers jurisdiction of the case in the circuit

 

court.

 

     (b) To hear and determine any claim or demand, statutory or

 

constitutional, liquidated or unliquidated, ex contractu or ex

 

delicto, 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 this state or any of its

 

departments or officers against any claimant who may bring an

 

action in the court of claims. Any A claim of the this state or any

 

of its departments or officers may be pleaded by way of

 

counterclaim in any an action brought against the this state or any

 

of its departments or officers.

 

     (c) To appoint and utilize use a special master as the court

 

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 A judgment entered by the court of claims upon any on

 

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

 

the this state or any of its departments or officers, upon on

 

becoming final, is res judicata of that the claim. Upon On the

 

trial of any cause an action in which any a demand is made by the

 

this state or any 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 this state, the

 

court shall render judgment in favor of the this state for the

 

balance. Writs of execution or garnishment may issue upon on the

 

judgment in the same manner as from the circuit court. of this

 

state. The A judgment entered by the court of claims, upon any

 

claim, either for or against the claimant, is final unless appealed

 

from as provided in this chapter.

 

     (3) The court of claims does not have jurisdiction of any

 

claim for compensation under either of the following:

 

     (a) The worker's disability compensation act of 1969, 1969 PA

 

317, MCL 418.101 to 418.941.

 

     (b) 1937 PA 329, MCL 419.101 to 419.104.

 

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

 

state of jurisdiction over actions brought by the taxpayer under

 

the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, upon

 

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

 

in the Michigan employment security act, 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.

 

     (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) The court of claims does not have jurisdiction over an

 

action brought in another court and described in section 1476 if

 

the person bringing the action has demanded a jury trial as

 

provided in section 1476.

 

     (8) (7) As used in this section, "the "this 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 this 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. (1) Nothing in this chapter eliminates or creates

 

any right a party may have to a trial by jury, including any right

 

that existed before November 12, 2013. Nothing in this chapter

 

deprives the circuit, district, or probate court of jurisdiction to

 

hear and determine a claim for which there is a right to a trial by

 

jury as otherwise provided by law, including a claim against an

 

individual employee of this state for which there is a right to a

 

trial by jury as otherwise provided by law. Except as otherwise

 

provided in this section, if a party has the right to a trial by

 

jury and asserts that right as required by law, the claim may must

 

be heard and determined by a circuit, district, or probate court in

 

the appropriate venue.

 

     (2) For a demand for declaratory or equitable relief or a

 

demand for an extraordinary writ sought by a party within the

 

jurisdiction of the court of claims described in section 6419(1)

 

and arising out of the same transaction or series of transactions

 

with a matter asserted as a claim for which a party has the right

 

to a trial by jury under subsection (1), unless joined as provided

 

in subsection (3), the court of claims shall retain retains

 

exclusive jurisdiction over the matter of demand for declaratory or

 

equitable relief or a demand for an extraordinary writ within the

 

jurisdiction of the court of claims and shall enter a stay of the

 

action until a final judgment has been entered , and the matter

 

asserted for which a party has in the action in which the right to

 

a trial by jury under subsection (1) shall be stayed until final

 

judgment on the matter of declaratory or equitable relief or a

 

demand for extraordinary writ.has been asserted.

 

     (3) 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 that are pending in any of

 

the various trial courts of the this 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.

 

     (4) Except as provided in subsection (5), the court of claims'

 

jurisdiction in a matter within its jurisdiction as described in

 

section 6419(1) and pending in any circuit, district, or probate

 

court on November 12, 2013 is as follows:

 

     (a) If the matter is not transferred under section 6404(3),

 

the jurisdiction of the court of claims is not exclusive and the

 

circuit, district, or probate court may continue to exercise

 

jurisdiction over that matter.

 

     (b) If the matter is transferred to the court of claims under

 

section 6404(3), the court of claims has exclusive jurisdiction

 

over the matter, subject to subsection (1).

 

     (5) Subsection (4) does not apply to matters transferred to

 

the court of claims under section 6404(2).

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.