Bill > SB0474

This bill amends the Michigan Revised Judicature Act to modify how courts can evaluate challenges to the constitutionality of a statute's enactment process. Specifically, the bill establishes that when someone challenges a statute for failing to follow a constitutional procedural requirement, there is a presumption that the statute was correctly enacted. This presumption can only be overcome by "clear, satisfactory, and convincing evidence," which is a high legal standard. The bill allows courts to consider external evidence beyond the official legislative records (such as extrinsic evidence) when determining whether the presumption of proper enactment has been overcome, provided the evidence meets standard rules of evidence. Additionally, if a court finds that a procedural requirement was not followed, it must apply a rule of severability, which means the court can potentially separate problematic provisions (like effective date clauses) from the main substantive parts of the statute, rather than invalidating the entire law. These provisions aim to provide a structured, rigorous approach to challenging legislative procedures while maintaining the integrity of the legislative process.

Justice

https://legislature.mi.gov/Bills/Bill?ObjectName=2025-SB-0474