Civil procedure: evidence; challenge to statute for failure to follow constitutional procedure; allow consideration of extrinsic evidence. Amends sec. 2113 of 1961 PA 236 (MCL 600.2113) & adds sec. 2113a.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill changes how courts handle challenges to state laws that may not follow constitutional procedures. It establishes a presumption that a law complied with constitutional requirements when challenged, but this presumption can be overcome with strong evidence. The bill also allows courts to consider evidence outside of the original bill’s text to help determine if a constitutional procedure was followed, promoting a more thorough review of state laws.
Key provisions
- Creates a rebuttable presumption that a statute complied with constitutional procedures when challenged.
- Allows courts to consider ‘extrinsic evidence’ – evidence outside the enrolled bill – in these challenges.
- Provides a standard for overcoming the presumption: clear, satisfactory, and convincing evidence.
- Outlines a process for courts to apply ‘severability’ if a constitutional requirement is found to be missing.
- Addresses challenges to statutes based on failures to follow constitutional procedures.
Who is affected
- Parties challenging state statutes in court
- Courts reviewing state statutes
- Legislatures (through the statutes they enact)
- The public (as affected by state laws)
- Legal professionals
Notable changes
- Introduces a presumption of compliance with constitutional procedures when a statute is challenged.
Bill text
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Document of record
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- Senate Introduced Bill
- Published
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Sponsors
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