May 16, 2017, Introduced by Reps. VerHeulen and Kesto and referred to the Committee on Appropriations.
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 appointed by the State Bar of Michigan.
(b) One member appointed by the Michigan Municipal League.
(c) One member appointed by the Michigan Townships
Association.
(d) One member appointed by the Michigan Association of
Counties.
(e) One member appointed by the State Court Administrative
Office.
(f) Two members appointed by the governor.
(g) Two members appointed by the speaker of the house of
representatives.
(h) Two members appointed by the senate majority leader.
(i) One member appointed by the Michigan Judges Association.
(j) One member appointed 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.
(c) Suggest statutory changes necessary to effectuate
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.