Bill Text: MI HB4286 | 2019-2020 | 100th Legislature | Enrolled
Bill Title: Civil procedure: remedies; reporting requirements related to candidates eligible for compensation for wrongful imprisonment; provide for, and make an appropriation. Amends title & sec. 6 of 2016 PA 343 (MCL 691.1756).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2019-06-13 - Disapproved Line Item(s) Re-referred To Committee On Appropriations [HB4286 Detail]
Download: Michigan-2019-HB4286-Enrolled.html
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:
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.
