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MI HB5505

Bill

Status

Introduced

4/30/2014

Primary Sponsor

John Walsh

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Origin

House of Representatives

97th Legislature

AI Summary

  • Restricts actions under Article IX, Section 32 of the Michigan Constitution to the Court of Appeals only (removing the option to file in circuit court).

  • Allows local units of government to bring actions in the Court of Appeals to enforce constitutional provisions regarding state-mandated activities and services.

  • Establishes a one-year statute of limitations for actions seeking money damages for inadequate state funding, but allows declaratory judgment actions at any time violations are alleged.

  • Creates a special master position within the Court of Appeals to conduct pretrial proceedings and trials in these cases, with the special master requiring legal expertise in local government operations.

  • Requires the Court of Appeals to process actions rapidly and give them priority over other nonemergency matters; places the burden of proof on the state to demonstrate compliance with constitutional funding obligations.

Legislative Description

Civil procedure; other; procedures for actions under sections 25 to 32 of article IX of the state constitution; revise. Amends sec. 308a of 1961 PA 236 (MCL 600.308a) & adds secs. 308b, 308c, 308d, 308e, 308f & 308g. TIE BAR WITH: HB 5503'14

Civil procedure, civil actions

Last Action

Printed Bill Filed 05/01/2014

5/1/2014

Committee Referrals

Financial Liability Reform4/30/2014

Full Bill Text

No bill text available