Senate Bill 498 Summary

• Actions under Article IX, Section 32 of the Michigan Constitution (regarding state-mandated activities) must be commenced exclusively in the Court of Appeals, removing the option to file in circuit court.

• Local units of government may bring actions in the Court of Appeals to enforce state constitutional provisions requiring adequate state funding for mandated activities and services.

• Creates a special master position appointed by the Supreme Court to assist the Court of Appeals in conducting pretrial proceedings and trials, with qualifications including legal experience in local government operations.

• Actions seeking money damages must be filed within 1 year of when the cause of action accrues, while declaratory judgment actions may be brought at any time a constitutional violation is occurring.

• The Court of Appeals must prioritize these cases over non-emergency matters and the state bears the burden of proving compliance with constitutional funding obligations; applies Paul Harvey transparency act provisions if court does not adjudicate within 6 months.