Loading chat...
MI HB5505
Bill
Status
4/30/2014
Primary Sponsor
John Walsh
Click for details
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