SUNDAY SERVICE OF PROCESS H.B. 4133 (H-3): COMMITTEE SUMMARY
House Bill 4133 (Substitute H-3 as passed by the House)
Sponsor: Representative Leslie Mortimer
House Committee: Local Government and Urban Policy
Senate Committee: Judiciary
Date Completed: 10-10-05
CONTENT
The bill would amend the Revised Judicature Act to delete a ban on serving or executing civil process on a Sunday and provide, instead, that civil process could not be served or executed on a person attending a religious worship meeting.
Currently, civil process may not be served or executed on Sunday, but if sufficient cause is shown by affidavit to a circuit judge's satisfaction, he or she may make any restraining order or authorize the issuance of and service or execution of any writ on Sunday. The bill would delete that provision. Under the bill, civil process could not be served or executed on a person while he or she attended a worship meeting of a religious organization that had tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, in a place where the organization normally conducted its worship. A judge could order service or execution of process under those conditions, however, if sufficient cause were shown by affidavit to the judge's satisfaction.
MCL 600.1831 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Fiscal Analyst: Bill Bowerman
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4133/0506