HB-4613, As Passed Senate, June 15, 2017

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4613

A bill to create the trial court funding commission; to

prescribe its powers and duties; to review and recommend changes to

the trial court funding system; to review and recommend changes to

the methods by which courts impose and allocate costs and fees; and

to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the "trial

court funding act".

Sec. 2. As used in this act, "commission" means the trial

court funding commission created in section 3.

Sec. 3. (1) The trial court funding commission is created

within the department of treasury.

(2) The commission shall review and recommend changes to the

trial court funding system in light of People v Cunningham, __ Mich

__ (2014), No. 147437, rel'd June 18, 2014. The commission shall

exist until it submits the final report to the governor, senate

majority leader, and speaker of the house of representatives

required under section 4.

(3) Subject to subsection (4), the commission shall consist of

the following members appointed by the governor:

(a) Two members nominated by the State Bar of Michigan.

(b) One member nominated by the Michigan Municipal League.

Association.

(d) One member nominated by the Michigan Association of

Counties.

(e) One member nominated by the State Court Administrative

Office.

(f) Two members nominated by the governor.

(g) Two members nominated by the speaker of the house of

representatives.

(h) Two members nominated by the senate majority leader.

(i) One member nominated by the Michigan Judges Association.

(j) One member nominated by the Michigan District Judges

Association.

(4) Only individuals meeting the qualifications under

subsection (3) who have significant experience or involvement in

the courts of this state may be appointed to serve on the

commission. An individual not possessing good moral character, or

who has been charged with a felony or misdemeanor criminal charge

involving a controlled substance, theft, dishonesty, or fraud under

the laws of this state, another state, the United States, or a

local ordinance substantially corresponding to the laws of this

state, is not eligible to serve on the commission.

(5) The governor shall appoint the members to the commission

within 90 days of the effective date of this act.

(6) Members of the commission shall serve on the commission

unless or until a successor member is appointed by the governor.

(7) If a vacancy occurs on the commission, the governor shall

make an appointment for the unexpired term in the same manner as

the original appointment.

(8) The first meeting of the commission must be called within

30 days after the members of the commission have been appointed.

The governor shall appoint 1 commission member to serve as the

commission chairperson. The chairperson shall serve as the

chairperson of the commission for the entirety of the commission's

term unless he or she is removed or resigns. If a chairperson is

removed or resigns, the governor shall appoint another commission

member to serve as chairperson.

(9) Members of the commission shall serve without compensation

but shall be reimbursed for their actual and necessary expenses

incurred in the performance of their official duties as members of

the commission.

(10) The governor may remove a member of the commission for

incompetence, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or for any other good cause.

(11) A majority of the members of the commission constitute a

quorum for the transaction of business at a meeting of the

commission. A majority of the members present and serving are

required for official action of the commission.

(12) The commission shall establish its own procedures and

requirements with respect to quorum, place and conduct of its

meetings, and other matters. The procedures established by the

commission shall at a minimum prescribe the requirements for

attendance at commission meetings by members, how meetings shall be

conducted, and any policies necessary to carry out the powers and

duties of the commission under this act. The procedures established

by the commission under this act must be printed in an appropriate

manual and made available to the governor, the senate majority

leader, and the speaker of the house of representatives.

(13) The business that the commission may perform must be

conducted at a public meeting held in compliance with the open

meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(14) A writing prepared, owned, used, in the possession of, or

retained by the commission in the performance of an official

function is subject to the freedom of information act, 1976 PA 442,

MCL 15.231 to 15.246.

Sec. 4. The commission shall do all of the following:

(a) Review and recommend changes to the trial court funding

system.

(b) Review and recommend changes to the methods by which the

courts impose and allocate fees and costs.

recommended changes.

(d) File a final report with the governor, the senate majority

leader, and the speaker of the house of representatives regarding

its activities under this act. The commission shall file the report

not later than 2 years after the effective date of this act. The

report shall include, but not be limited to, the results of the

commission's review, recommendations for changes, and

recommendations for further legislative action.

Sec. 5. This act is repealed on the date the commission's

final report to the governor, the senate majority leader, and the

speaker of the house of representatives required under section 4 is

filed or 2 years after the effective date of this act, whichever

occurs first.

Enacting section 1. This act takes effect 90 days after the

date it is enacted into law.