SB 1143 Summary

• Actions under Michigan Constitution Article IX, Section 32 must be commenced exclusively in the Court of Appeals rather than circuit court, with jurisdiction invoked by taxpayers filing according to court rules.

• Establishes a one-year statute of limitations for actions seeking money damages for the state's failure to adequately fund state-required activities or services; declaratory judgment actions may be filed at any time violations are alleged.

• Creates the position of special master in the Court of Appeals, appointed by the Michigan Supreme Court, to conduct pretrial proceedings, trials, and issue written reports with findings of fact and conclusions of law in these actions.

• Requires the Court of Appeals to process actions with priority over non-emergency matters and places the burden on the state to prove compliance with constitutional funding requirements; compliance shall not be presumed.

• If the court finds the state has not met funding obligations within 6 months of filing, establishes procedures allowing the state to remedy by appropriating sufficient funds, eliminating the requirement, or modifying it to reduce costs with adequate funding.