HB 4755 Summary

• Restricts actions under Michigan Constitution Article IX, Section 32 to be filed only in the Court of Appeals, 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 requiring adequate state funding for state-mandated activities and services.

• Establishes a special master position within the Court of Appeals to conduct proceedings, take evidence, and issue findings of fact and conclusions of law in these funding disputes.

• Creates a one-year statute of limitations for actions seeking money damages for inadequate state funding, while allowing declaratory judgment actions at any time a constitutional violation is alleged to be occurring.

• Shifts burden of proof to the state to demonstrate compliance with constitutional funding requirements, with a presumption of compliance arising only after a local unit has twice lost similar actions, subject to a 6-month deadline for court adjudication of whether a requirement is state-mandated and adequately funded.