2010 House Bill 5800

Establish new "unfunded mandate" prevention procedures

Introduced in the House

Feb. 9, 2010

Introduced by Rep. Deb Kennedy (D-23)

To require any lawsuit alleging violation by the state of the 1978 Headlee amendment provision prohibiting the state from imposing unfunded mandates on local governments to be filed in the state Appeals Court rather than in circuit court. Under current law either is allowed. The bill prohibits the court from requiring the allegations in a suit to be any more specific than is generally required in a civil action, and establishes court procedures for adjudicating the case “as rapidly as possible consistent with achieving justice”.

Referred to the Committee on Judiciary

Nov. 10, 2010

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.