HB-4286, As Passed House, March 12, 2019

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4286

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2016 PA 343, entitled

 

"Wrongful imprisonment compensation act,"

 

by amending the title and section 6 (MCL 691.1756).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                                TITLE

 

     An act to provide compensation and other relief for

 

individuals wrongfully imprisoned for crimes; to prescribe the

 

powers and duties of certain state and local governmental officers

 

and agencies; and to provide remedies; and to make an

 

appropriation.

 

     Sec. 6. (1) The wrongful imprisonment compensation fund is

 

created as a separate fund in the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the wrongful imprisonment compensation

fund.

 

     (3) The state treasurer shall direct the investment of the

 

wrongful imprisonment compensation fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

     (4) The department of treasury is the administrator of the

 

wrongful imprisonment compensation fund for auditing purposes.

 

     (5) The state treasurer shall expend money from the wrongful

 

imprisonment compensation fund only for the purpose of paying

 

claims authorized under this act and costs of administration. The

 

state treasurer shall pay money from the fund in amounts and at the

 

times as ordered by the courts under this act.

 

     (6) Money in the wrongful imprisonment compensation fund at

 

the close of the fiscal year must remain in the fund and not lapse

 

to the general fund.

 

     (7) If there is insufficient money in the wrongful

 

imprisonment compensation fund to pay claims as ordered under this

 

act, the state treasurer shall pay claims that are ordered but not

 

paid if money becomes available in the fund, and pay those claims

 

before subsequently ordered claims. The state treasurer shall

 

develop and implement a process to notify the legislature that

 

money in the fund may be insufficient to cover future claims when

 

the state treasurer reasonably believes that within 60 days the

 

money in the fund will be insufficient to pay claims. The process

 

shall, at a minimum, do all of the following:

 

     (a) Identify a specific date by which the money in the fund

 

will become insufficient to pay claims.

 

     (b) Outline a clear process indicating the order in which

claims pending with the fund will be paid.

 

     (c) Outline a clear process indicating the order in which

 

claims that were pending with the fund when money became

 

insufficient will be paid, if money subsequently becomes available.

 

     (8) The attorney general shall report quarterly to the house

 

and senate appropriations committees, the house and senate fiscal

 

agencies, and the state budget office all of the following as of

 

the end of the quarter:

 

     (a) All payments made from the wrongful imprisonment

 

compensation fund in the quarter, indicating for each payment

 

whether it is for a new settlement or award or continued payment

 

for a previous settlement or award.

 

     (b) Any settlements that have been reached or awards that have

 

been made for which payments have not been made.

 

     (c) The number of actions in which an order or judgment has

 

been entered denying the claim, and the reasons for each denial.

 

     (d) The number of known claims for compensation under this act

 

for which there are no final settlements or awards, indicating for

 

each claim, if known, the amount claimed and the potential payment.

 

     (e) The balance in the wrongful imprisonment compensation

 

fund.

 

     (9) (8) Any compensation under this act must be paid from the

 

wrongful imprisonment compensation fund and not from any state

 

department's or agency's annual budget or current funding.

 

     (10) There is appropriated to the wrongful imprisonment

 

compensation fund for the fiscal year ending September 30, 2019,

 

$10,000,000.00 from the general fund of this state.