HOUSE BILL No. 4709


     April 29, 1997, Introduced by Reps. Brater, Llewellyn, Hale, Schroer, Kaza, Martinez, Hanley, Walberg, LaForge, Goschka, DeHart, Whyman, Scott, Parks and Jellema and referred to the Committee on Consumer Protection.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2964.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 2964.  (1) A PERSON WHO COMMUNICATES WITH A GOVERNMEN-

 2    TAL UNIT BY REPORTING ON, COMMENTING ON, RULING ON, CHALLENGING,

 3    OR OPPOSING A GOVERNMENTAL UNIT'S GRANT OF AUTHORITY IS IMMUNE

 4    FROM CIVIL LIABILITY FOR DAMAGES THAT THE PUBLIC APPLICANT OR

 5    PERMITTEE ALLEGES RESULTED FROM THE COMMUNICATION.

 6         (2) THE COURT SHALL GRANT A MOTION TO DISPOSE OF A CLAIM

 7    BASED ON THE IMMUNITY GRANTED IN SUBSECTION (1), UNLESS THE

 8    RESPONDING PARTY PRODUCES CLEAR AND CONVINCING EVIDENCE THAT THE

 9    MOVING PARTY IS NOT IMMUNE FROM LIABILITY UNDER SUBSECTION (1).

10         (3) EITHER OF THE FOLLOWING MAY INTERVENE TO DEFEND OR

11    OTHERWISE SUPPORT THE PERSON DESCRIBED IN SUBSECTION (1):


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 1         (A) ANY GOVERNMENTAL UNIT TO WHICH A PERSON WHO IS GRANTED

 2    IMMUNITY UNDER SUBSECTION (1) COMMUNICATES.

 3         (B) THE ATTORNEY GENERAL.

 4         (4) THE COURT SHALL ORDER THE SUSPENSION OF ALL DISCOVERY

 5    PROCEEDINGS IN THE UNDERLYING ACTION UNTIL THE COURT ISSUES AN

 6    ORDER ON THE MOTION.

 7         (5) THE COURT SHALL AWARD ALL OF THE FOLLOWING TO A PERSON

 8    WHO HAS HAD AN ACTION DISMISSED UNDER SUBSECTION (2):

 9         (A) COSTS, INCLUDING REASONABLE ATTORNEY AND EXPERT WITNESS

10    FEES, THAT WERE INCURRED TO BRING THE MOTION.

11         (B) ADDITIONAL SANCTIONS AGAINST THE RESPONDING PARTY AND

12    ITS ATTORNEY OR LAW FIRM AS IT DETERMINES ARE SUFFICIENT TO DETER

13    THE RESPONDENT AND ITS ATTORNEY OR LAW FIRM FROM FILING A CLAIM

14    FOR DAMAGES ALLEGEDLY RESULTING FROM A COMMUNICATION DESCRIBED IN

15    SUBSECTION (1).

16         (6) A DEFENDANT WHO HAS HAD A CLAIM DISMISSED UNDER THIS

17    SECTION MAY MAINTAIN AN ACTION, CLAIM, CROSS-CLAIM, OR COUNTER-

18    CLAIM TO RECOVER ANY OF THE FOLLOWING FROM A PERSON WHO COMMENCED

19    THE ACTION AS FOLLOWS:

20         (A) ACTUAL AND COMPENSATORY DAMAGES.

21         (B) COSTS AND ATTORNEY FEES.

22         (C) EXEMPLARY DAMAGES.

23         (7) THE RIGHT TO BRING AN ACTION UNDER SUBSECTION (6) CAN BE

24    WAIVED ONLY IF IT IS WAIVED SPECIFICALLY.

25         (8) AS USED IN THIS SECTION:







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 1         (A) "COMMUNICATION" MEANS A STATEMENT, CLAIM, ALLEGATION IN

 2    A PROCEEDING, DECISION, PROTEST, WRITING, ARGUMENT, CONTENTION,

 3    OR OTHER EXPRESSION.

 4         (B) "GOVERNMENTAL UNIT" MEANS THE STATE, A MUNICIPALITY, A

 5    POLITICAL SUBDIVISION OR AGENCY OF THIS STATE, THE FEDERAL GOV-

 6    ERNMENT, OR A PUBLIC AUTHORITY, BOARD, OR COMMISSION.

 7         (C) "MOVING PARTY" MEANS A PERSON ON WHOSE BEHALF THE MOTION

 8    DESCRIBED IN SUBSECTION (2) IS FILED.

 9         (D) "PUBLIC APPLICANT OR PERMITTEE" MEANS A PERSON WHO HAS

10    APPLIED FOR OR OBTAINED A PERMIT, ZONING CHANGE, LEASE, LICENSE,

11    CERTIFICATE, OR OTHER ENTITLEMENT FOR USE OR PERMISSION TO ACT

12    FROM A GOVERNMENTAL UNIT, OR A PERSON WITH AN INTEREST, CONNEC-

13    TION, OR AFFILIATION WITH THE PERSON THAT IS MATERIALLY RELATED

14    TO THE APPLICATION OR PERMISSION.

15         (E) "RESPONDING PARTY" MEANS ANY PERSON AGAINST WHOM THE

16    MOTION DESCRIBED IN SUBSECTION (2) IS FILED.

























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