February 23, 2010, Introduced by Senator GLEASON and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 308a (MCL 600.308a), as added by 1980 PA 110,
and by adding sections 308b, 308c, 308d, and 308e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
308a. (1) An action under section 32 of article 9 IX of
the
state constitution of 1963 may shall
be commenced only in
the
court
of appeals. , or in the circuit court in the county in which
venue
is proper, at the option of the party commencing the action.
(2) The jurisdiction of the court of appeals under this
section
shall be invoked by a taxpayer filing an action by a
taxpayer
as plaintiff according to the court
rules governing
procedure in the court of appeals.
(3)
A taxpayer shall not bring or maintain an An action under
this
section unless the action is seeking
money damages for this
state's failure to adequately fund a state-required activity or
service shall be commenced within 1 year after the cause of action
accrued
accrues. An
action under this section seeking a declaratory
judgment may be commenced at any time that sections 25 to 31 of
article IX of the state constitution of 1963 are being violated as
alleged in the complaint.
(4) The applicable unit of government shall be named as
defendant.
An officer of any governmental unit of government shall
be sued in his or her official capacity only and shall be described
as a party by his or her official title and not by name. If an
officer dies, resigns, or otherwise ceases to hold office during
the pendency of the action, the action shall continue against the
governmental
unit of government and the
officer's successor in
office.
(5)
The court of appeals may refer an action to the circuit
court
or to the tax tribunal to determine and report its findings
of
fact if substantial fact finding is necessary to decide the
action.
(5) (6)
A plaintiff who If the
taxpayer prevails in an action
commenced
under this section, shall receive from the defendant
shall
pay the taxpayer the costs incurred by
the plaintiff taxpayer
in maintaining the action.
Sec. 308b. (1) The court of appeals may refer an action under
section 308a to the special master created under subsection (2) to
conduct pretrial proceedings and a trial to receive evidence and
arguments of law and to issue a written report for the court that
contains findings of fact and conclusions of law. The rules for
proceedings before the special master shall be as established by
the supreme court.
(2) The position of special master for assisting the court of
appeals in carrying out its responsibilities under section 32 of
article IX of the state constitution of 1963 is created in the
court of appeals.
(3) The supreme court shall appoint an individual to serve as
the special master. The special master shall continue in office at
the pleasure of the supreme court.
(4) The supreme court shall establish the qualifications
required to serve as special master.
Sec. 308c. (1) The court of appeals shall process an action
under section 308a to a decision as rapidly as possible, consistent
with achieving justice and assuring the enforcement of the intent
of the electors of this state as expressed in the section of the
state constitution of 1963 that is the subject of the action. The
court of appeals shall give the action priority over other
nonemergency matters pending before the court.
(2) In an action under section 308a, this state or the
responsible department or agency of this state has the burden of
proving compliance with sections 25 to 31 of article IX of the
state constitution of 1963. Compliance shall not be presumed but
shall be established through evidence introduced by this state or
the responsible department or agency.
Sec. 308d. (1) Section 9 of the 2010 act to implement section
29 of article IX of the state constitution of 1963 applies if the
activity or service required is the subject of an action under
section 308a and, within 6 months after the action is filed, the
court of appeals has not finally adjudicated both of the following
questions:
(a) Whether, based on the claims asserted in the complaint,
the subject activity or service is required by state law within the
meaning of section 29 of article IX of the state constitution of
1963.
(b) If the adjudication under subdivision (a) is that the
activity or service is required by state law, whether the
legislature has appropriated and disbursed sufficient funding
necessary to pay the affected local units of government for any
necessary increased costs of the required activities and services,
as required by section 29 of article IX of the state constitution
of 1963.
(2) If the court of appeals or, following an appeal, the
supreme court adjudicates in an action under section 308a that this
state has not met its funding obligation under section 29 of
article IX of the state constitution of 1963, section 9 of the 2010
act to implement section 29 of article IX of the state constitution
of 1963 applies until the legislature does 1 of the following:
(a) Appropriates and disburses sufficient funding to meet its
responsibilities to the affected local units of government under
section 29 of article IX of the state constitution of 1963.
(b) Eliminates or rescinds the subject requirement.
(c) Changes or modifies the subject requirement to reduce the
cost of providing the activity or service and appropriates and
provides for the disbursement of sufficient funding necessary to
pay the affected local units of government for the cost of
providing the activity or service under the changed or modified
requirements as required by section 29 of article IX of the state
constitution of 1963.
Sec. 308e. (1) If, following a final adjudication by the court
of appeals of the questions described in section 308d(1)(a) and (b)
that is adverse to the taxpayer, an application for leave to appeal
to the supreme court is filed by the taxpayer, the supreme court
shall make a rapid decision on the application. The supreme court
shall give the application priority over nonemergency matters
pending before the court. If the application is granted, the
court's review of the merits of the appeal shall be given priority
over other nonemergency matters pending before the court.
(2) While an application or appeal under this section is
pending before the supreme court, the court may stay the obligation
of local units to comply with the subject required activity or
service pending final adjudication by the court.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1141
of the 95th Legislature is enacted into law.